Drug laws are changing in many state throughout the country, and Illinois is no exception. Recent changes to state law create new drug charges and harsh penalties related to buying, selling, making, and possessing synthetic drugs. Some of these drugs used to be legal to buy and sell, so some users may not realize they are breaking the law. As with all drug charges, the state aggressively prosecutes synthetic drug crimes. Read the information below, and learn more about how changes to state law could affect you.
What Qualifies as a Synthetic Drug?
In 2012, Illinois lawmakers passed a new law targeting synthetic drug use and manufacturing. This law created a new definition of what substances qualify as synthetic drugs. Under this law, a synthetic drug is “any product that contains a substance defined as a controlled substance under…the Illinois Controlled Substances Act.” The law goes on to clarify that a substance that has been explicitly approved by the FDA for human consumption does not qualify as a synthetic drug under Illinois law. Common synthetic drug that meet the state law definition include synthetic marijuana, such as “spice” or K2, and bath salts.
Synthetic Drug Charges
In addition to creating a new definition for synthetic drugs, the 2012 law set out numerous, related drug charges. These charges include possessing, buying, selling, and manufacturing synthetic drugs. One of the most common types of synthetic drugs are substances that mimic the effects of marijuana. Cases involving these synthetic cannabinoids are common. Furthermore, retailers are banned from intentionally using misleading labels to sell illegal synthetic drugs. For example, a retailer cannot advertise a substance containing “ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine” as weight loss, mental stimulant, or energy supplements.
A synthetic drug charge could also result from a DUI (driving under the influence). State DUI laws include drugged driving as a criminal offense. In other words, if a driver operates a motor vehicle while under the influence of a drug and that renders them unable to drive safely, the driver could face a DUI. In that case, it does not matter whether a drug is legal or illegal, synthetic or otherwise.
The potential penalties faced upon conviction will vary depending on the type and amount of drug involved. Additionally, any prior drug convictions may lead to harsher sentences. Every drug crime cases is different. So, the facts of your case will determine what potential penalties you face if convicted, and how your lawyer will craft the best defense strategy for you.
Contact Experienced Schaumburg Drug Defense Lawyers
Our firm has over 50 years combined experience defending Illinois residents like you from drug charges. We understand the stress and concerns that accompany any criminal charge. Our team of skilled Schaumburg drug defense attorneys at Glasgow & Olsson is dedicated to providing each and every client with personalized, practical legal help. If you or a loved one is facing a synthetic drug charge, or any other criminal charge, contact our Schaumburg office today.