What is possession of a controlled substance?

Possession of a controlled substance is when an individual possesses or controls a substance such as drugs or medications without authorization or a valid prescription. In Illinois, possession of a controlled substance is a serious criminal offense. Possession can be with or without intent to use or distribute the drug. It is important to note that it is not just limited to physical possession, as it can also include constructive possession, meaning the person has knowledge and control of the drug. Depending on the type of substance and the amount present, possession of a controlled substance can be charged as a Class 4 Felony or even a Class X felony. Possession of less than 15 grams of a drug such as cocaine or heroin is typically a Class 4 Felony, while possession of more than 15 grams can be charged as a Class X felony. In some situations, such as possession of cannabis, the amount determines the classification of the felony charge. In Illinois, most drug possession charges are eligible for an Alternate Prosecution Program, which provides an alternative to traditional criminal prosecution. The intent of the program is to divert nonviolent drug offenders into treatment and education programs, allowing them to avoid incarceration. To be eligible for a program, an offender must have no prior criminal history and must be willing to participate in the program.

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