Illinois Supreme Court
Criminal Court
Illinois Controlled Substance Act
Two different interpretations of Section 408(a) of Illinois Controlled Substances Act, advanced by State and by defense, are both reasonable. Thus, Section 408(a) of the Act is ambiguous, and it is appropriate to invoke the rule of lenity. Section 408(a) of the Act applies only to offenses committed in violation of the Act, and cannot apply to double Defendant's enhanced Class X potential maximum sentence of 30 years.(GARMAN, THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)