Chicago Hallucinogens & Psychedelics Defense Attorney

Hallucinogen and psychedelic charges are relatively common in Chicago and the surrounding suburbs. In Illinois, hallucinogen charges usually occur in two broad categories: possession under 720 ILCS 570/402 or manufacturing/delivering/possessing with intent to deliver under 720 ILCS 570/401. Both categories are felonies.

Possessing a hallucinogen without evidence of selling it is known as "simple possession." You likely will be charged with simple possession of hallucinogens if you have a small amount, in one bag or container, and no scale is nearby.

On the other hand, you likely will be charged with manufacturing/delivering/possessing with intent to deliver hallucinogens if you have a large amount, have multiple bags or containers, or a scale is nearby. Obviously, if you deliver hallucinogens to an undercover officer or an informant, you will be charged with delivery.

Regardless of whether you are charged with simple possession or something more, the government has the burden of proving beyond a reasonable doubt that you knowingly possessed the drug. As with all drug charges, you cannot be convicted of possessing something you were unaware of. Additionally, even if you knowingly possessed the drug, the evidence may be suppressed if law enforcement disregarded the Constitution in order to arrest you.

Illinois Penalties for Possession of LSD

  • Possession of 0-15 doses of LSD is a Class 4 felony, punishable by 1-3 years in prison under 720 ILCS 570/402(c)
  • Possession of 15-200 doses of LSD is a Class 1 felony, punishable by 4-15 years in prison under 720 ILCS 570/402(a)(7)(A)(ii)
  • Possession of 200-600 doses of LSD is a Class 1 felony, punishable by 6-30 years in prison under 720 ILCS 570/402(a)(7)(B)(ii)
  • Possession of 600-1,500 doses of LSD is a Class 1 felony, punishable by 8-40 years in prison under 720 ILCS 570/402(a)(7)(C)(ii)
  • Possession of 1,500+ doses of LSD is a Class 1 felony, punishable by 10-50 years in prison under 720 ILCS 570/402(a)(7)(D)(ii)


Illinois Penalties for Manufacturing/Delivering/Possessing
with Intent to Deliver LSD

The penalties for manufacturing, delivering, or possessing with intent to deliver LSD vary depending on the amount but are more severe than simple possession:

  • 0-10 doses is a Class 2 felony, punishable by 3-7 years in prison under 720 ILCS 570/401(d)(ii)
  • 10-15 doses is a Class 1 felony, punishable by 4-15 years in prison under 720 ILCS 570/401(c)(7)(ii)
  • 15-200 doses is a Class X felony, punishable by 6-30 years in prison under 720 ILCS 570/401(a)(7)(A)(ii)
  • 200-600 doses is a Class X felony, punishable by 9-40 years in prison under 720 ILCS 570/401(a)(7)(B)(ii)
  • 600-1,500 doses is a Class X felony, punishable by 12-50 years in prison under 720 ILCS 570/401(a)(7)(C)(ii)
  • 1,500+ doses is a Class X felony, punishable by 15-60 years in prison under 720 ILCS 570/401(a)(7)(D)(ii)

Illinois Penalties for Possession of
Psilocybin Mushrooms, Peyote, or Mescaline

  • Possession of 0-200 grams of psilocybin mushrooms, peyote, or mescaline is a Class 4 felony, punishable by 1-3 years in prison under 720 ILCS 570/402
  • Possession of 200+ grams of psilocybin mushrooms, peyote, or mescaline is a Class 1 felony, punishable by 4-15 years in prison under 720 ILCS 570/402

Illinois Penalties for Manufacturing/Delivering/Possessing
with Intent to Deliver Psilocybin Mushrooms, Peyote, or Mescaline

The penalties for manufacturing, delivering, or possessing with intent to deliver psilocybin mushrooms, peyote, or mescaline vary depending on the amount but are more severe than simple possession:

  • 0-50 grams is a Class 3 felony, punishable by 2-5 years in prison under 720 ILCS 570/401
  • 50-200 grams is a Class 1 felony, punishable by 4-15 years in prison under 720 ILCS 570/401
  • 200+ grams is a Class X felony, punishable by 6-30 years in prison under 720 ILCS 570/401

Alternatives to a Prison Sentence

Chicago Defense Attorney Thomas Hallock's primary goal is always to obtain a complete dismissal of your charges or a not guilty verdict at trial. If this is not an option, his fallback position is to obtain court supervision or expungeable probation. Both options give you the opportunity to avoid incarceration and dispose of the charges without a conviction. Depending on the circumstances, you may be able to remove the arrest from your criminal record.

Contact Thomas C. Hallock if you need a skilled and committed hallucinogens and psychedelics defense attorney in Chicago.

HELPFUL TIPS FROM ME TO YOU

HOW TO PROPERLY EXERCISE YOUR CONSTITUTIONAL RIGHTS

What You Should Do

  • Be respectful at all times.
  • Calmly record the interaction.
  • Ask if you are free to leave. If you do not ask, the officer may think—and the judge may agree—that the interaction was consensual.
  • If you are free to leave, go! If you are not free to leave, respectfully but firmly ask to speak with your lawyer.

What You Should Not Do

  • Do not physically resist arrest.
  • Do not become aggressive or confrontational.
  • Do not consent to a search. The Constitution does not apply if you consent.
  • Do not answer questions without first speaking with your attorney. Police are allowed to hold you for 48 hours and they may lie to you the entire time.

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