The Illinois Controlled Substances Act establishes the state laws against and penalties for various drug crimes. Under this act, illegal drugs – referred to legally as controlled substances – are divided into different schedules based on medical use and addictiveness. In addition to rules against possession of a controlled substance, this act also prohibits the delivery or intended delivery of controlled substances. Referred to as possession with intent to deliver, this offense features a multifaceted penalty scheme that varies based on numerous circumstances.
What is the Illinois Definition of “Delivery”?
720 ILCS 570/102 provides the definition of the term “delivery” under the Controlled Substances Act. Whenever a controlled substance changes possession from one person to another, it qualifies as a delivery. The term delivery also applies to an attempted transfer of possession, even it is unsuccessful. Furthermore, the presence of money or other consideration does not matter. Any actual or attempted transfer of controlled substances constitutes a delivery under Illinois law, even if it occurs for free. In some cases, an informant or undercover agent will be involved in a controlled buy for the purpose of effectuating an arrest.
What is the Crime of Possession with Intent to Deliver in Illinois?
720 ILCS 570/401 makes it illegal for any person to deliver controlled substances to anyone else. It is also a crime under this section to possess controlled substances with the intent to deliver. The punishment for this crime is the same in both situations, whether or not the delivery was successful.
In practice, there is not a set quantity of controlled substances that automatically infers the intent to deliver. If the amount of controlled substance is small enough for personal use, it might not qualify. But for larger quantities of controlled substances – or if there are individual bags, scales, or other delivery paraphernalia present – it likely qualifies as possession with intent to deliver.
What are the Penalties for Possession with Intent to Deliver?
720 ILCS 570/401 also explains the punishment for possession of controlled substances with intent to deliver. Though the exact parameters depend on the type and quantity of controlled substance in question. To illustrate this principle, please find below a breakdown of the different Illinois penalties for possession of heroin with intent to deliver.
For amounts of heroin exceeding 15 grams, possession with intent to deliver is a Class X felony. If convicted, the offender can face criminal fines in the amount of either $500,000 or the street value of the heroin, whichever is greater. The offender will also face a prison sentence depending on the amount of heroin in their possession:
- 15 to 100 grams – A maximum of 30 years in prison;
- 100 to 400 grams – A maximum of 40 years in prison;
- 400 to 900 grams – A maximum of 50 years in prison; or
- 900 or more grams – A maximum of 60 years in prison.
For amounts of heroin between one and 15 grams, possession with intent to deliver is a Class 1 felony. If convicted, the offender can face a maximum of 15 years in prison and $250,000 in criminal fines. For any other amount of heroin, possession with intent to deliver is a Class 2 felony punishable by 3-7 years in prison.
