What is 'delivery' of an illegal drug?

Under Illinois law, there are many different types of illegal drug conduct. One such type is delivery of an illegal drug. Today, we will discuss what exactly constitutes illegal drug delivery here in Illinois.

According to Illinois law, a person "delivers" an illegal drug if they do one of the following three things:

  • Actually transfer possession of an illegal drug.
  • Constructively transfer such possession.
  • Attempt to transfer such possession.

An important thing to note is that payment is not necessary for delivery to occur. An actual/constructive/attempted transfer is a delivery regardless of whether or not any payment was involved.

As one can see, there are a lot of different things that could fall under this definition.

Why does what a given type of illegal drug conduct (like illegal drug delivery) is specifically defined as under state law matter? It matters because such definitions can impact what exactly the prosecution has to prove to get a conviction on charges related to an alleged incident of that particular type of drug conduct.

A person could end up facing criminal charges if they are accused of having delivered an illegal drug. Drug charges have the potential to impact a person's life in a vast range of different ways. Thus, if a person is accused of delivering an illegal drug or some other type of illegal drug activity, they may want to talk about their situation with a skilled defense attorney to get an idea of what options they have when it comes to their defense.

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