(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
(Text of Section before amendment by P.A. 100-368)
Sec. 401. Manufacture or delivery, or possession with intent to manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog. Except as authorized by this Act, it is unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance other than methamphetamine and other than bath salts as defined in the Bath Salts Prohibition Act sold or offered for sale in a retail mercantile establishment as defined in Section 16-0.1 of the Criminal Code of 2012, a counterfeit substance, or a controlled substance analog. A violation of this Act with respect to each of the controlled substances listed herein constitutes a single and separate violation of this Act. For purposes of this Section, “controlled substance analog” or “analog” means a substance, other than a controlled substance, that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. Examples of chemical classes in which controlled substance analogs are found include, but are not limited to, the following: phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines. For purposes of this Act, a controlled substance analog shall be treated in the same manner as the controlled substance to which it is substantially similar.
I have represented countless individuals charged with manufacturing or delivery of a controlled substance. For this charged with this offense the State of Illinois is alleging that the accused, the defendant, either manufactured a controlled substance or sold a controlled substance. The majority of these cases are brought to court after the police witness a person commit a drug deal. Almost always the police witness a drug deal because they are acting undercover as a person looking to buy drugs. Usually, they way this is done is that the police put together a team of individuals. The team is broken up in to three sections. The sections are the observation officers, the buy officers and the enforcement or “take down” officers. The observation officers usually set themselves up in one spot. They usually have binoculars. They then watch a person the suspect is selling drugs. The buy officer is an officer who is working undercover. They put on a disguise and look exactly like any other person who wants to buy drugs, generally heroin or cocaine. The buy officer is usually in a car and and they will pull up the suspect and have a conversation. The buy officer’s think they are very slick. They are equipped with a whole arsenal of slogans that they believe mean they are looking for drugs. For example, in one case the officer approached my clients and asked for “blows.” “Blows” is a street term for heroin. The buy officer will also have cash on them called prerecorded 505 funds. The 505 funds is money where the serial number on the bills has been written down. The purpose of this is to help identify the person who sold the drugs. When a person is arrested and the 505 funds are on them the State’s Attorney will use that information to argue that they are the same person who sold the drugs. Next the undercover officer will exit his car and then buy the drugs from the suspect. Generally, after that the transaction, the officer will get back in their car, leave the area and then call the observation officer to say that they just bought drugs from the suspect. After that, the observation officer with call to the take down or enforcement officers, give them a description of the suspect and the direction the suspect is headed. Then the enforcement officers will locate the person they believe is the suspect and arrest them. Finally, the buy officer will be required to identify the person in police custody at the person who sold them the controlled substance.