What is the law in Illinois on possession of a controlled substance with intent to deliver?
Illinois courts regard possession of a controlled substance with intent to deliver as a very serious offense. The issue in almost every case is whether the defendant is willing to risk going to trial or accept a probation offer. Possession of a controlled substance is a felony offense under state law. Most lawyers and judges refer to the case as UPCS, for unlawful possession of a controlled substance. Cook County lawyers and judges call the offense PCS, for short. For felony offenses, the punishment is one year or more imprisonment. When the defendant is accused of manufacture, delivery, or possession with intent to deliver, the law increases the punishment significantly. The element of “intent to deliver” means the defendant was going to distribute (sell) the drug. On the other hand, if a distribution took place, then the charge is typically called “delivery of a controlled substance.” The “manufacture” of a controlled substance is exactly that, making the drug. Possession of a contro
