ARRESTED FOR ECSTASY? HOW ABOUT LSD?
WHAT ARE YOU FACING?
Possession of any amount of ecstasy or LSD is a felony. Just one pill? Just one hit? That’s great. Still a felony. And if you get convicted, not only could you go to prison, you become a convicted felon. An arrest for any type of ecstasy or LSD case is a serious criminal offense. If you or a loved one is arrested on ecstasy charges, you have a lot of questions. You want to know what you’re facing and if you can beat it? At Robert Callahan & Associates, we’ve got answers.
Let’s get down to business:
In Illinois, ecstasy and LSD are Schedule 1 drugs. Illinois law defines a Schedule I controlled substance as a substance that 1) has a high potential for abuse; and 2) has no currently accepted medical use in treatment in the U.S. or lacks accepted safety for use in treatment under medical supervision. 720 ILCS 570/203.
Ecstasy/LSD Possession Defined
“It is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog.” 720 ILCS 570/402.
What does it mean to knowingly possess something under the law?
Knowledge is defined by the Illinois Supreme court as the conscious awareness that circumstances exist and/or the awareness of the substantial probability that the fact exists.[1] This legalese basically boils down to the ordinary concept of awareness. Was the person aware of the illegal contraband? More importantly, how can this awareness be proven?
Under Illinois law, a person can control something in two ways: actual possession or constructive possession. Actual possession is exactly how it sounds. The item is on your person in some exclusive and immediate manner, be it in your pocket, in your wallet, or in a body cavity, etc.[2] Constructive possession is defined by one’s ability and intent to control an item.[3] Most significantly, if two or more persons share the power to control a thing, each person can be charged with possession of the contraband.[4] A common example of this is when contraband is found in a vehicle with multiple occupants, all occupants can be charged with possession.
What Am I Facing For a Possession of Ecstasy arrest?
Amount Sentence Probation? % of Time
| 0-15 grams OR
under 15 pills |
Cl. 4 Felony
1-3 years IDOC/probation |
YES | 50% |
| 15-100 grams OR
15-200 pills |
Cl. 1 Felony
4-15 years IDOC/probation |
YES | 50% |
| 100-400 grams OR
200-600 pills |
Cl. 1 Felony
6-30 years IDOC/probation |
YES | 50% |
| 400-900 grams OR
600-1,500 pills |
Cl. 1 Felony
8-40 years IDOC/probation |
YES | 50% |
| 900+ grams OR
1,500 pills |
Cl. 1 Felony
10-50 years |
YES | 50% |
Possession with Intent/Manufacture/Delivery of Ecstasy
“It is unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance.” 720 ILCS 570/401.
What Am I Facing For a Possession with Intent/Manufacture/Delivery of ecstasy arrest?
Amount Sentence Probation? % of Time
| 0-5 grams OR
Under 15 pills |
Cl.3 Felony
2-5 years |
YES | 50% |
| 5-15 grams OR
10-15 pills |
Cl. 1 Felony
4-15 years |
YES | 50% |
| 15-100 grams OR
15-200 pills |
Cl. X Felony
6-30 years |
NO | 75% |
| 100-400 grams OR
200-600 pills |
Cl. X Felony
9-40 years |
NO | 75% |
| 400-900 grams OR
600-1,500 pills |
Cl. X Felony
12-50 years |
NO | 75% |
| 900+ grams OR
1,500+ pills |
Cl. X Felony
15-60 years |
NO | 75% |
What Am I Facing For a Possession of LSD?
Amount Sentence Probation? %
| Less than 15 tabs | Cl. 4 felony
1-3 years IDOC |
YES | 50% |
| 15-199 tabs | Cl. 1 felony
4-15 years IDOC |
YES | 50% |
| 200-599 tabs | Cl. 1 felony
6-30 years IDOC |
YES | 50% |
| 600-1499 tabs | Cl. 1 felony
8-40 years IDOC |
YES | 50% |
| 1500+ tabs | Cl. 1 felony
10-50 years IDOC |
YES | 50% |
What Am I Facing For a Possession with Intent/Manufacture/Delivery of LSD?
Amount Sentence Probation? Statute
| Less than 10 tabs | Cl. 2 felony
3-7 years IDOC |
YES | 50% |
| 10-14 tabs | Cl. 1 felony
4-15 years IDOC |
YES | 50% |
| 15-199 tabs | Cl. X felony
6-30 years IDOC |
NO | 75% |
| 200-599 tabs | Cl. X felony
9-40 years IDOC |
NO | 75% |
| 600-1499 tabs | Cl. X felony
12-50 years IDOC |
NO | 75% |
| 1500+ tabs | Cl. X felony
15-60 years |
NO | 75% |
What is Ecstasy/LSD Trafficking?
(A)ny person who knowingly brings or causes to be brought into this State for the purpose of manufacture or delivery or with the intent to manufacture or deliver a controlled substance other than methamphetamine or counterfeit substance in this or any other state or country is guilty of controlled substance trafficking.” 720 ILCS 570/401.1(a).
What Am I Facing For an Ecstasy/LSD Trafficking arrest?
The sentence for ecstasy trafficking is simple, and scary. Take the above table for Possession w/Intent/Delivery and double it. “A person convicted of controlled substance trafficking shall be sentenced to a term of imprisonment not less than twice the minimum term. . .” 720 ILCS 570/401.1(b).
Objects/Segregated Parts
Illinois law for ecstasy and LSD includes the typical gram amount prohibited with its corresponding punishment. However, due to the specific nature in which ecstasy and LSD are processed, packaged, and distributed, the Illinois Controlled Substances act also includes (as evidenced by the metrics in this blog) additional measurements for ecstasy and LSD.
For ecstasy, the statutory language includes: “pills, tablets, caplets, capsules or objects”.[5]
For LSD, the statutory language includes: “objects or any segregated parts of an object(s).”[6]
WITH X, YOU’RE MIGHT BE DOING Y
It is not uncommon for police to discover upon testing that suspected ecstasy pill is actually mostly methamphetamine. So much so, you’re not getting charged with ecstasy, but meth. That’s the charge that’s going on your criminal record. Maybe an employer will believe you just wanted to be cool at an EDM concert. Or maybe they’ll think you lost your teeth years ago and regularly steal your brother’s lawnmower to pawn. Point being, when your drug dealer tells you it’s some good stuff, it might be… really good meth.
LEGAL DEFENSES
In any type of drug case, possession, delivery, or trafficking, there are certain things the State will need to establish, or prove, to prevail at trial. These elements are what an experienced criminal defense attorney attacks.
Why were you stopped/seized/arrested? What is the reasonable suspicion or probable cause? How can the police justify their search under the 4th amendment? Beyond that, at trial, the State has to prove knowledge and control of the alleged drugs beyond a reasonable doubt. These concepts, or rather the absence of them, are among the main types of defenses to defeat a drug case. Just as a successful prosecution for a possession charge revolves around proving the defendant’s knowledge and control, a successful defense proves they don’t exist.
At Robert Callahan and Associates, we thoroughly investigate every case by examining not only how the State will prove our client had knowledge and control, but how we can prove our client didn’t. We use a proactive, aggressive approach to identify exactly what evidence the State will use, how they will use it, and how to defeat it. If the case involves a search warrant, we thoroughly analyze it. If it involves a witness, we have an investigator who can interview them.
CONCLUSION
If you have been arrested for ecstasy, you have a serious legal problem, no matter if you are possessing or selling ecstasy. A problem that could end in you going to IDOC. Clink, close the cell door. Besides prison, the fines imposed for these types of drugs, specifically for Manufacturing/Delivery of Ecstasy/LSD, can go up to $250,000.
There are no misdemeanor ecstasy or LSD charges. Whether or not you have a criminal history, if you get arrested for ecstasy, at the very least, you’re looking at becoming a felon if you get convicted.
Want to avoid that? You need an experienced criminal defense firm with extensive experience in criminal drug litigation. At Robert Callahan & Associates, we have handled thousands of drugs cases. We know how to get you or your loved one the best option in the face of serious, life changing consequences. Call us at 312 322 9000 to discuss your case right now. ecstasy charges don’t just go away, unless you want them to follow you for the rest of your life. Robert Callahan & Associates is here to help.
[1] Il. Jury Instructions 5.01B
[2] IL Sup Ct J.I. 4.16. A person has actual possession when he has immediate and exclusive control over a thing.
[3] Il J.I. 4.16: A person has constructive possession when he lacks actual possession of a thing but he has both the power and the intention to exercise control.
[4] Id. At [2]
[5] 720 ILCS 570/401(402)(a)(7.5).
[6] 720 ILCS 570/401(402)(7).
