One issue that frequently arises in my work as an Illinois drug lawyer is whether a person alleged to possess cocaine or marijuana merely possessed it for personal use, or possessed it intending to sell it to others. The difference is important because intent to sell or deliver a drug is more harshly punished and prosecuted than mere possession for recreational use. For example, possessing 1-15 grams of cocaine in Illinois is punishable by 1-3 years in prison while possessing 1-15 grams of cocaine with intent to deliver is punishable by 4-15 years in prison.
Consider the following scenario: Chicago police officers on patrol spot a car at midnight without its front headlights on. They stop the car and the driver bails out and runs. The cops outrun the man and he is arrested. After a search, $40 and 13 tinfoil packets of suspected narcotics are found in his jean pockets. Did the man possess the narcotics for his own personal use or with the intent to sell the drugs to others?
A fairly recent Illinois court opinion examined a similar set of circumstances and found insufficient evidence to show possession with intent to deliver. The court applied the following factors from Illinois v. Robinson in their decision:
- A quantity of cocaine or marijuana that is too much for personal consumption,
- The high purity of the drug confiscated,
- Possession of weapons,
- Possession of large amounts of cash,
- Possession of police scanners, beepers, or cell phones,
- Possession of drug paraphernalia, and
- The manner in which the confiscated drugs are packaged.
These factors should not be slavishly adhered to and the skilled drug lawyer should find significant room for interpretation and opportunities to fight back. For example, a person may purchase several ounces of marijuana not because she intends to sell it commercially, but rather, for the savings in costs, much like purchasing paper towels in bulk from a warehouse style store. And just because a person may have text messages on their phone requesting cocaine, does not mean that person sells cocaine unless he sent a response that would indicate he took the next step to arrange a cocaine transaction.
Recently, police searching the home of "Bad Girl" Catya Washington allegedly found cocaine, mushrooms, ecstasy, and a gun. Ms. Washington was arrested and is now accused of possession of drugs with intent to deliver. Protecting her rights and her freedom will depend on how skillfully her attorneys use these factors to prove that any drugs allegedly found in her home were for personal use and not for sale to others.
Shepherd Law Offices has been handling drug cases since 2005 serving those areas in and around Chicago including Rolling Meadows, Blue Island, Bridgeview, and Skokie.
