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  1. #1
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    Mar 2008
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    Default Possession of Vicodin in Illinois

    In Illinois what class drug is Vicodin considered?

    The DEA classifies Vicodin as a Class III drug. In Illinois they consider hydrocodone a Class II drug. As vicodin is a derivative of Hydrocodone, does Illinois still consider it a Class II drug?

    Anyone who can point me in the right direction as to where to find this infromation, it would be greatly appreciated.

  2. #2
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    Default Re: Illinois - Vicodin

    In Illinois, Hydrocodone is considered a Schedule II drug (under 720 ILCS 570/206). However, Schedule III is defined:

    (720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
    Sec. 207. The Department shall issue a rule scheduling a substance in Schedule III if it finds that:
    (1) the substance has a potential for abuse less than the substances listed in Schedule I and II;
    (2) the substance has currently accepted medical use in treatment in the United States; and
    (3) abuse of the substance may lead to moderate or low physiological dependence or high psychological dependence.
    (Source: P.A. 83‑969.)
    You state:

    Quote Quoting Mischief974
    In Illinois they consider hydrocodone a Class II drug
    Where did you get that information?

  3. #3
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    Default Re: Illinois - Vicodin

    Happy Trails -

    (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206) - This is the section of the Illinois criminal law code which lead me to believe hydrocodone was a Class II drug.

    Any idea where I might find how the state of Illinois defines delivery of a controlled substance?

  4. #4
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    Default Re: Illinois - Vicodin

    Quote Quoting Mischief974
    View Post
    Happy Trails -

    (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206) - This is the section of the Illinois criminal law code which lead me to believe hydrocodone was a Class II drug.

    Any idea where I might find how the state of Illinois defines delivery of a controlled substance?
    (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
    (Text of Section from P.A. 95‑242)
    Sec. 102. Definitions. As used in this Act, unless the context otherwise requires:

    .....
    (h) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of a controlled substance, with or without consideration, whether or not there is an agency relationship.
    CRIMINAL OFFENSES
    (720 ILCS 570/) Illinois Controlled Substances Act.


    Is someone getting charged with a specific offense?

    If so, the papework should show a specific code, the link above is for offenses that would be found under Article I, but if you use the option at the top "Back to Article Listing" it will bring you to the other Articles that are found under (720 ILCS 570/) Illinois Controlled Substances Act..

  5. #5
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    Mar 2008
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    Default Re: Possession of Vicodin in Illinois

    Happy Trails -

    A relative was a doctor, they were charged with delivery of a controlled substance.

    A patient had been forging prescriptions and had been arrested. This patient had previous felony charges for "uttering forgery" in neighboring state, but the State's Attorney failed to check his background. The SA had the criminal charges against the patient dropped, in return for him becoming their confidental informant, and launched an investigation into the doctor, claiming that the doctor was selling prescriptions. Their informant was on probation from another state (which the State's Attorney was unaware of), and was more than willing to lie about where he obtained the prescriptions which he had been forging. If he had been prosecuted for his arrest, he would have had his probation revoked.

    The Sheriff's Department attempted to conduct a sting, which failed to produce an incriminate evidence. A few months after the failed sting operation, they asked their informant to find people willing to sign complaints against the doctor. The informant handed over six signed complaints to the SA, and the SA didn't questions where the informant got the six signitures. Apparently the informant signed all six using six different names, and police detectives signed off on the documents with out questioning it. The SA used these documents to secure a grand jury indictment, charging the doctor with six felonies.

    Its been almost year since the arrest, and the trail has yet to begin. The SA has asked for numerous extensions, while they re-examine their evidence. Numerous times the SA has changed their explanation of documents. First they claimed the complaints were signed by six people, then that their informant was authorized to by those individuals to sign all the complaints, and now that the informant inpersonated all those people, and that's why he signed using those names. Unfortunately the informant has disappeared and no one has been able to locate him.

    I don't have the exact charges filed against my relative. I know the most recent development was the SA arguing that Vicodin is a Class II drug.

  6. #6
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    Default Re: Possession of Vicodin in Illinois

    Wow! Not surprising that the informant disappeared.

    You may be able to look up the exact charges that the Doctor is being charged with online. Then you would be able to find the exact statute at the Illinois General Assembly site.

  7. #7
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    Default Re: Possession of Vicodin in Illinois

    Happy Trails- Under Illinois law how much an informant's criminal past can be considered inadmissable? Are there ways to get some one's criminal past admitted into the record? How far back can one's criminal past be allowed into the record?

    The reason I ask is the informant in this case was last convicted of a felony in 1996. That conviction was for forgery. The judge has said anything prior to 10 years ago is inadmissable. Which seems like an illogical decision, since their informant spent most of the last ten years in prison, so he was unable to commit any felonies.

    Thanks for your help in advance.

  8. #8
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    Default Re: Possession of Vicodin in Illinois

    I'm sure there is prior case law that would be helpful in answering those questions.

    If I find any that can offer some insight, I'll pass them on to you.

    However, the defense attorney should be aware of the witness's criminal history and what will be admissable or not.

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