Drug Charges: Possession or Intent to Deliver?

 Posted on May 14, 2025 in Drug Crimes

A 37-year-old Cook County man was recently arrested on drug charges after illegally crossing railroad tracks. According to Palatine police, the man crossed the railroad tracks while the warning signals were active, prompting officers to approach him as he sat in an Audi R8 parked near the tracks. The officers reported that when they reached the car, they could clearly see the man in the driver’s seat with cocaine in his possession.

A further search of the vehicle and the man led to the discovery of 30 grams of cocaine, along with pills containing amphetamine. The man was charged with Unlawful Possession of a Controlled Substance with Intent to Deliver, Unlawful Possession of a Controlled Substance, Possession of Drug Paraphernalia, and Pedestrian Disobeying a Traffic Control Device. These are serious charges with harsh penalties. If you have been charged with cocaine possession or possession with the intent to deliver, speaking to an experienced Grundy County, IL criminal defense lawyer is extremely important.

What is Unlawful Possession of a Controlled Substance with Intent to Deliver?

Despite being factually different, possession of cocaine with the intent to deliver and the actual delivery of cocaine are treated much the same under Illinois law. Intent to deliver means an individual was in possession of cocaine, and the drug was ready to be sold or distributed. If the cocaine is actually sold or distributed, the offense is charged as delivery.

Possession with intent to deliver charges will depend on how the cocaine was packaged. Intent to deliver charges may also depend on whether scales and plastic baggies were discovered and whether the cocaine was separated into equal amounts and individually packaged. If so, law enforcement usually assumes there was an intent to sell the cocaine.

What Are the Penalties for Possession of Cocaine with the Intent to Deliver?

A person who is arrested for possessing less than one gram of cocaine with the intent to deliver the drug faces a Class 2 felony in the state of Illinois. Even for this small amount, the penalties include between three and seven years in prison and a fine as large as $200,000.

A person who is arrested for possessing between one and 15 grams of cocaine with the intent to deliver the drug faces a Class 1 felony. The penalties increase to between four and 15 years in prison and a fine as large as $250,000. A person who is arrested for possessing between 15 and 100 grams of cocaine with the intent to deliver the drug faces fines of up to $500,000 and a prison sentence between six and 30 years.

A person who is arrested for possessing between 100 and 400 grams of cocaine with the intent to deliver the drug faces "super" Class X felony charges. The penalties for this offense include up to $500,000 in fines and a prison sentence between nine and 30 years. A person arrested for possessing between 400 and 900 grams of cocaine with the intent to deliver the drug also faces a "super" Class X felony, with penalties that include a prison sentence between 12 and 50 years and a fine as large as $500,000.

The same is true of possession of more than 900 grams of cocaine with the intent to deliver: it is a "super" Class X felony with penalties of up to $500,000 in fines and between 15 and 60 years in prison. If possession with intent to deliver occurs close to a church, school, park, or movie theater, or the defendant is in possession of a firearm, the penalties may be more severe.

Contact a Will County, IL Drug Crimes Attorney

If you are facing drug charges, whether for possession, trafficking, or manufacturing, you need a strong legal advocate in your corner. When you choose a Will County, IL drug crimes lawyer from Law Offices of Jack L. Zaremba, P.C., you have taken an important first step toward achieving the best outcome possible. To schedule your free consultation, call 815-740-4025.