What Does it Mean to Manufacture a Controlled Substance in Illinois?

 Posted on September 06, 2017 in Drug Charges

In Illinois, it is illegal under state law to manufacture a controlled substance. But what does this actually mean? In general terms, it means that an individual can be convicted of a crime if he or shemakes illegal drugs or other substances. However, the legal definition is quite a bit more specific.

Key Definitions re the Unlawful Manufacture of a Controlled Substance

Under the Illinois Controlled Substances Act the terms “manufacture” and “controlled substance” are carefully defined as follows below.

Manufacture: The Illinois Controlled Substances Act defines the term “manufacture” as “the production, preparation, propagation, compounding, conversion, or processing… either directly or indirectly by”:

• Extracting substances of natural origin;
• Chemical synthesis; or
• A combination of extracting and chemical synthesis.

Note that this definition does include any packaging (or repackaging) of a controlled substance or labeling of its container. However, the term manufacturing does not include:

• The preparation or compounding of a controlled substance by an ultimate user for his/her own use; or
• Practitioners (i.e. licensed physicians, dentists, veterinarians, pharmacists, nurses, etc.), their agents, or those they supervise preparing, compounding, packaging, or labeling a controlled substance in the course of their professional practice or as part of lawful teaching, research, or chemical analysis.

Controlled Substance: Under the Illinois Controlled Substances Act, a “controlled substance” is defined as (1) a drug, immediate precursor, substance, or a synthetic drug listed in the Schedules of Article II of the Controlled Substances Act or (2) a drug, immediate precursor, or other substance designated as a controlled substance by the Department. Note that this definition does not include wine, distilled spirits, malt beverages, or tobacco.

Penalties

The penalties that a defendant who is convicted of unlawfully manufacturing a controlled substance in Illinois will face varies depending on how much of the controlled substance was manufactured. However, manufacture of a controlled substance is often tried as a Class 4 felony that is punishable by one to three years in prison and a fine of up to $25,000.

However, offenders can alternatively be placed on probation for up to 30 months (rather than being sentenced to serve time in prison) if the court finds that imprisonment is not appropriate nor necessary given the circumstances.

Reach Out to Us Today for Help

The unlawful manufacture of a controlled substance in Illinois is a serious criminal offense that is often tried as a felony carrying a hefty prison sentence. Therefore, if you have been charged with unlawfully manufacturing a controlled substance in Illinois it is vital that you retain a passionate Rolling Meadows criminal defense lawyer who possesses the requisite experience and knowhow to vigorously defend you. At The Law Offices of Christopher M. Cosley our seasoned legal time tirelessly fights for the rights of clients throughout Illinois and would be happy to fight for you. Contact our Rolling Meadows office today toschedule yourinitial consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53