Charged With Possession with Intent to Deliver Near a School?

 Posted on March 24, 2025 in Drug Charges

The state of Illinois has strict laws to curb drug-related activities. The penalties for these offenses are more severe when they occur near a school. The Illinois Controlled Substances Act addresses this issue as it pertains to protecting children in educational environments. Those who are convicted of possession with intent to deliver or distribute near a school will face enhanced penalties.

In simple terms, "intent to distribute" means a person intended to sell a controlled substance. Intent to distribute is usually differentiated from possession by the amount of illegal drugs a person is in possession of. If the amount is more than the person could consume on his or her own, intent to distribute could be charged. The presence of drug paraphernalia like baggies, scales, or ledgers can increase the chances of being charged with intent to distribute.

Enhanced penalties are likely if the person arrested is within 1,000 feet of a school. This includes every level of private and public schools as well as selling drugs close to school buses. If you are facing charges of intent to distribute drugs and the offense occurred near a school, you are facing serious penalties. A Naperville, IL, criminal defense attorney can build a comprehensive defense on your behalf while ensuring your rights are protected.  

What Are the Penalties for Intent to Distribute?

The charges and penalties will first depend on the quantity of controlled substance the individual was in possession of and the specific drug. Generally, possession of less than 15 grams of illegal drugs may be charged as a Class 1 felony. If convicted, penalties include four to 15 years in prison and fines as large as $250,000. For quantities of more than 15 grams of illegal drugs, the offense could be charged as a Class X felony, with penalties of six to 30 years in prison and a $500,000 fine.

Class X felonies do not have the possibility of probation. If the defendant was within 1,000 feet of a school, these penalties would be increased and could even be doubled. Felony offenses can severely impact future employment opportunities, housing, and other aspects of life, plus the individual charged with intent to distribute may face civil asset forfeiture.  

What Are Some Defenses to Intent to Distribute Near a School?

While the exact defense an attorney will use depends on the facts and circumstances surrounding the arrest, there are some defenses that are more commonly used for intent to distribute near a school charges. These include:

• The defendant was unaware he or she was within 1,000 feet of a school.
• The defendant had no intent to deliver the controlled substance. The drugs were for personal use rather than distribution.
• The area where the defendant was at the time of his or her arrest was more than 1,000 feet from the school.
• The defendant was unaware of the drugs entirely (they belonged to someone else).
• The police had no probable cause to question the defendant and conducted an unlawful search and seizure.
• The police failed to properly Mirandize the defendant.
• The police denied the defendant the right to an attorney.   
• Chain of custody errors were made by the police, prosecutor, or crime lab.

Many of these issues can result in lesser charges or in the charges being dropped altogether.

Contact a DuPage County, IL Drug Crimes Lawyer

If you are facing any drug crime, but particularly a drug crime like the one above with such harsh penalties, it is important to speak to a skilled Naperville, IL drug crimes attorney from Appelman Law LLC. In addition to his law degree, attorney Appelman has a master’s degree in forensic psychology. To schedule your free consultation, call 630-717-7801.