Illinois Drug Laws

A summary of Illinois drug laws

by Lewis Gainor on October 17, 2010

The criminal offense of possession of drugs in Illinois has two categories:

  1. Possession of cannabis (ie, marijuana). This offense is governed by 720 ILCS 550/4.
  2. Possession of a controlled substance. The law for controlled substances is 720 ILCS 570/402.

All illegal drugs that are not cannabis are classified as controlled substances. For example, the crime of possession of cocaine is called possession of a controlled substance, and the same is true for heroin, ecstasy, etc.

The following is a summary of Illinois drug laws for possession. The penalties for possession with intent to deliver (ie, distribute) are considerably higher.

Controlled Substances

Possession of any controlled substance with a total weight of less than 15 grams is a Class 4 felony with a penalty of 1-3 years in the Department of Corrections and a possible fine of up to $25,000.

In addition, certain substances have special penalties for weights greater than 15 grams.

Heroin

  • 15-99 grams. Class 1 felony (4-15 years prison). Fine of up to $200,000.
  • 100-399 grams. Class 1 felony. (6-30 years prison). Up to $200,000 or street value, whichever is greater.
  • 400-899 grams. Class 1 felony. (8-40 years prison). Up to $200,000 or street value, whichever is greater.
  • 900 or more grams. Class 1 felony. (10-50 years prison). Up to $200,000 or street value, whichever is greater.

Cocaine

  • 15-99 grams. Class 1 felony (4-15 years prison). Fine of up to $200,000.
  • 100-399 grams. Class 1 felony. (6-30 years prison). Up to $200,000 or street value, whichever is greater.
  • 400-899 grams. Class 1 felony. (8-40 years prison). Up to $200,000 or street value, whichever is greater.
  • 900 or more grams. Class 1 felony. (10-50 years prison). Up to $200,000 or street value, whichever is greater.

Morphine

  • 15-99 grams. Class 1 felony (4-15 years prison). Fine of up to $200,000.
  • 100-399 grams. Class 1 felony. (6-30 years prison). Up to $200,000 or street value, whichever is greater.
  • 400-899 grams. Class 1 felony. (8-40 years prison). Up to $200,000 or street value, whichever is greater.
  • 900 or more grams. Class 1 felony. (10-50 years prison). Up to $200,000 or street value, whichever is greater.

Peyote

  • 200 or more grams. Class 1 felony (4-15 years). Fine of up to $200,000.

Barbituric Acid

  • 200 or more grams. Class 1 felony (4-15 years). Fine of up to $200,000.

Amphetamine

  • 200 or more grams. Class 1 felony (4-15 years). Fine of up to $200,000.

Methamphetamine

  • 15-99 grams. Class 1 felony (4-15 years prison). Fine of up to $200,000.
  • 100-399 grams. Class 1 felony. (6-30 years prison). Up to $200,000 or street value, whichever is greater.
  • 400-899 grams. Class 1 felony. (8-40 years prison). Up to $200,000 or street value, whichever is greater.
  • 900 or more grams. Class 1 felony. (10-50 years prison). Up to $200,000 or street value, whichever is greater.

LSD

  • 15-99 grams or 10 or more objects or parts (eg, doses). Class 1 felony (4-15 years prison). Fine of up to $200,000.
  • 100-399 grams. Class 1 felony. (6-30 years prison). Up to $200,000 or street value, whichever is greater.
  • 400-899 grams. Class 1 felony. (8-40 years prison). Up to $200,000 or street value, whichever is greater.
  • 900 or more grams. Class 1 felony. (10-50 years prison). Up to $200,000 or street value, whichever is greater.

Pentazocine, Ketamine, Methaqualone, or PCP

  • 30 or more grams. Class 1 felony (4-15 years prison). Fine of up to $200,000.

Any other Schedule I substance or a Schedule II substance classified as a narcotic drug.

  • 200 or more grams. Class 1 felony. (4-15 years prison). Fine of up to $200,000.

Cannabis

  • Up to 2.5 grams. Class C misdemeanor (up to 30 days jail). Fine of up to $1,500.
  • 2.5 to 10 grams. Class B misdemeanor (up to 6 months jail). Fine of up to $1,500.
  • 10 to 30 grams. Class A misdemeanor (up to one year in jail. Fine of up to $2,500. Class 4 felony on second offense (1-3 years prison with fine of up to $25,000).
  • 30 to 500 grams. Class 4 felony (1-3 years prison). Fine of up to $25,000. Class 3 felony on second offense (2-5 years prison with fine of up to $25,000).
  • 500 to 2,000 grams. Class 3 felony (2-5 years prison). Fine of up to $25,000.
  • 2,000 to 5,000 grams. Class 2 felony (3-7 years prison). Fine of up to $25,000.
  • More than 5,000 grams. Class 1 felony (4-15 years prison). Fine of up to $25,000.

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