Orland Park Look-a-Like Controlled Substance Attorney

Will County Drug Crimes Lawyer for Charges Related to Look-a-Like Substances

WHAT IS A "LOOK-A-LIKE" SUBSTANCE?

Illinois prohibits the manufacturing, selling or possessing with the intent to sell any substance that looks like a controlled substance. For example, powdered sugar can be considered a look-a-like of powdered cocaine and would be the basis of a Look-A-Like offense. A substance can be considered a look-a-like for purposes of the statute if its shape, color or size would lead a reasonable person to believe the substance is a drug or if an individual represents the substance to be a controlled substance in a way that would lead a reasonable person to believe that the substance is in fact a drug.

Many factors can be taken into account in determining whether the look-a-like item was being represented as a controlled substance. Factors that would be taken into consideration include, but are not limited to: statements made by the person in possession of the substance, whether the substance is packaged in a manner similar to the packaging found with regards to controlled substances and whether the amount of money or other item being exchanged for the look-a-like substance is substantially greater than the value of the actual substance.

The state must prove that a reasonable person would believe that the substance is a controlled substance. If the state cannot meet this burden, the charges pertaining to a Look-A-Like substance will fail. As an illustration of this principle, if a person offered to sell a small bag of whitish-yellowish "substances" which: looked like popcorn, smelled like popcorn, felt like popcorn and tasted like popcorn while representing that the items in the bag contained crack-cocaine, the charges relating to a Look-A-Like substance would most likely fail. This is because a reasonable person would not believe the baggie contained crack-cocaine.

Additionally, Illinois law punishes individuals over the age of 18 that deliver a look-a-like substance to someone under the age of 18 more severally. In these circumstances, prison term and fines are doubled.

Illinois also prohibits the mere possession of a look-a-like substance. However, unlike Possession with Intent to Deliver, the punishment for mere possession is a petty offense punishable by fine only. Nonetheless, a second or subsequent conviction of possession of a look-a-like substance is a Class C Misdemeanor, which is punishable by jail time.

As with all other offenses in the Controlled Substances Act, a second or subsequent conviction of any offense listed in the Act may be punishable with twice the jail time and twice the fine than what would be allowed for a first offense.

The Sentence

Delivering to someone over the age of 18

• Class 3 Felony
  
• 2 to 5 years in prison
  
• Fine of up to $150,000

Delivering to someone under the age of 18

• Class 3 Felony
  
• 4 to 10 years in prison
  
• Fine of up to $300,000

Possessing a look-a-like substance

• Petty offense
  
• Fine up to $1,000

• Class C Misdemeanor
  
• Up to 30 days in jail
  
• Fine up to $1,500

Probation Possible? Yes

Supervision Possible? Yes

Contact Our Midlothian Controlled Substance Charges Lawyer

If you are facing drug charges related to a look-a-like or counterfeit substance, contact our firm at 708-966-2408 and set up a free consultation to learn about your options for defense.