Drug Possession in Illinois

Web Admin - Wednesday, June 17, 2015

drug possession, Illinois drug crimes lawyerThe punishment for illegal possession of controlled substances in Illinois includes significant jail or prison sentences and large fines. Controlled substances include drugs like cocaine and heroin, but also includes certain prescription medications. Further, in Illinois, the possession of marijuana for non-medical purposes is illegal. The penalties for marijuana possession are often equally as significant as those for illegal possession of a controlled substance. 

Possession and Distribution 

Drugs listed as controlled substances are placed on a schedule from one to five (listed as a roman numeral “I” through “V”) based on their addictive quality and potential for abuse. Schedule I controlled substances are considered the most dangerous and have no accepted medical use in the United States. Some examples of schedule I drugs are heroin and ecstasy. 

Under Illinois law, it is illegal to knowingly possess a controlled substance or marijuana. The specific charge an individual will face for alleged violation of this law depends on the type of drug and the amount possessed. The charge may be a Class A, B, or C misdemeanor, or a Class 1, 2, 3, or 4 felony. 

For controlled substances, the penalties range from probation, up to a 50-year prison sentence, with fines up to $200,000 or the street value of the drug, whichever is greater. Possessing 15 grams or less of a drug like heroin or cocaine can lead to up to a three-year prison sentence and a fine of up to $25,000. For marijuana, penalties range from probation up to a prison sentence of 15 years. Possessing 2.5 grams or less of marijuana can lead to a jail sentence of up to 30 days and a fine of up to $1,500. 

Distribution is considered more serious under Illinois law, particularly if a Class X felony is charged. These types of felonies are behind only first degree murder as the most serious in Illinois. There are mandatory minimum prison sentences and no possibility for probation under Class X felonies. Manufacturing or delivering, or possessing with the intent to manufacture or deliver, a controlled substance may be considered a Class X felony, depending on the drug and quantity involved. For example, delivering between 15 and 100 grams of heroin will lead to a minimum prison sentence of six years, with a maximum sentence of up to 30 years. 

Similarly, there are increased penalties for manufacturing or delivering marijuana. When 2.5 grams or less is involved, the jail sentence may be up to six months, as opposed to up to 30 days for simple possession. If more than 5,000 grams of any substance containing marijuana is involved, a Class X felony may be charged, with a potential fine of up to $200,000. 

Contact Our Criminal Defense Law Firm

The potential consequences of a drug charge conviction are very serious. If you have been charged with a drug crime, it is important that you contact an Illinois criminal defense attorney as quickly as possible. Our dedicated attorneys represent clients throughout the northwest suburbs, in areas such as Barrington, Des Plaines, and Deer Park.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Legally Possessing Medical Marijuana in Illinois

Web Admin - Friday, December 06, 2013

On August 1st, 2013, the Illinois legislature passed The Compassionate Use of Medical Cannabis Pilot Program Act, which allows the use of medical marijuana in Illinois. This bill, which goes into effect on January 1st of next year, expands access to marijuana for those with certain medical conditions. However, the law keeps it illegal for recreational purposes, and tries to maintain public safety by carefully regulating who uses the drug and how much is allowed.

Rules on Marijuana Use

The state legislature placed several restrictions on the legality of medical marijuana. The law allows people to obtain marijuana only if they have one of 33 illnesses listed in the Act. However, the law also gives the Illinois Department of Public Health (IDPH) the authority to add new diseases to the list as they see fit. The Act further limits the use of medical marijuana to people over the age of 18 who do not have a prior felony conviction. The legislature also attempted to control the spread of marijuana by requiring an Illinois ID card or driver’s license, so that people cannot travel to Illinois from other states just to get marijuana. Additionally, the Act forbids the use of marijuana in front of minor children.

How to Obtain Medical Marijuana

The process for acquiring medical marijuana eligibility contains three steps. First, a doctor must diagnose the patient with one of the 33 listed conditions, which include, among other diseases, cancer, glaucoma, HIV/AIDS, MS, and various pain disorders. Once the doctor diagnoses a patient with an eligible disorder, the patient can go to a medical marijuana clinic or other specialist to acquire a doctor’s recommendation for medical marijuana. The patient then takes that recommendation to the IDPH who will issue them an ID card that allows them to purchase medical marijuana.

Once the patient becomes eligible for medical marijuana, they can take their ID card to one of 60 state-regulated dispensaries, and use it to purchase up to 2.5 ounces of marijuana every two weeks. Patients should keep in mind that the state heavily controls the supply of medical marijuana, which means that it may take a few months after the bill goes into effect before the medical marijuana actually becomes available.

Legal Help

If you have questions about the legality of medical marijuana, or have been charged with a crime related to medical marijuana, contact an experienced Chicago drug defense attorney today. We serve many areas in the northwest suburbs including Schaumburg, Barrington, Des Plaines, Deer Park, Buffalo Grove, and more.

Recent Posts


Rolling Meadows insurance attorney owner responsibility Chicago insurance law firm privacy low-ball insurance settlement landlord tenant law creditors social media after death Illinois employment law firm criminal law Palatine traffic accidents DUI Illinois red light cameras Illinois insurance disputes wills Long Grove wills and trusts attorneys Employment Discrimination Law Illinois Probate Act of 1975 installment contracts Chicago estate planning lawyer real estate leasing ObamaCare Arlington Heights traffic attorney Des Plaines civil attorney Palatine traffic lawyer Barrington boating accident attorney insurance dispute Joliet general practice lawyers Des Plaines Traffic Lawyer Palatine law firm slip and fall accidents real estate closing Deer Park personal injury lawyer Illinois estate planning Illinois tax attorney insurance attorney Arlington Heights TBI attorney Palatine insurance lawyer POA life insurance policy Chicago estate planning motorcycle accident lawyer involuntary manslaughter GM ignition switches Illinois will lawyer Forcible Entry Des Plaines drug crimes lawyer Des Plaines claims law firm Illinois employment law PTSD healthcare Barrington estate planning lawyer Schaumburg insurance lawyers Thanksgiving Rolling Meadows tax attorney estate planning trusts estate attorney life insurance claims Mount Prospect real estate lawyer trustee Illinois business law atorneys disability benefits meal breaks uninsured motorist breathalyzer test Illinois car accident attorney caretaker rights Crystal Lake pet attorney trust payments Des Plaines accident attorney insurance claim dispute attorney underage DUI Illinois rollover accident lawyers Des Plaines drug lawyer Inverness accident lawyer Schaumburg criminal law attorney manufacturing pedestrian injuries, pedestrian fatality Crystal Lake car accident lawyer trusts Illinois civil litigation lawyer Illinois motorcycle accident lawyer Chicago corporate attorney insurance agent negligence traumatic brain injury right to work cell phone accidents medical research Arlington Heights lawyer Illinois law in terrorem provision Rolling Meadows criminal lawyer Crystal Lake injury attorney DMV Illinois Workers’ Compensation Commission DNR estate planning back injuries Home Sale Contingencies blended families loss of consortium license suspension Palatine elder law attorney mortgage Des Plaines Affordable Care Act Illinois personal injury personal injury law firm Illinois real estate lawyer Illinois personal injury lawyer nursing home negligence Illinois traffic ticket lawyer hit and run accident probate no contest clauses Palatine employment lawyer employees Arlington Heights pedestrian accidents Arlington Heights car crash attorneys Palatine trusts lawyer Palatine injury attorney Illinois attorney Illinois bicycle safety car crashes Illinois employment attorneys field sobriety test Crystal Lake insurance lawyer Barrington litigation attorney Kenilworth estate planning lawyer rent to own real estate contracts insurance claim delay real estate attorneys traffic tickets Rolling Meadows probate lawyer investment property insurance adjusters automated cars probate claims traffic accidents Illinois home inspection Palatine personal injury lawyer denied insurance claims medical marijuana trench injuries Arlington Heights accident attorney Barrington personal injury attorney jet ski accidents Inverness estate planning lawyer holiday statistics Fourth of July internet liability claims Illinois registered agent Des Plaines injury law firm estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers rollover car crashes Deer Park criminal attorney Barrington employment law attorney guardianship attorney Barrington employment law firm insurance negligence Buffalo Grove insurance claim dispute lawyers ken apicella living trust benefits Palatine civil litigation lawyer Inverness insurance attorney DUI penalities Chicago will attorney Rolling Meadows traffic law firm Buffalo Grove corporate attorney changes to mortgage law workers compensation Schaumburg corporate attorney license reinstatement jet ski swimming pools insurance denials BAIID pedestrian-automobile accident Arlington Heights car accident lawyer BAC Illinois jet ski accident lawyer product liability Crystal Lake traffic lawyer Illinois boating accident lawyer insurance claims Arlington Heights real estate lawyer IRA trust transfer slip and fall estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, drunk driving statistics Rolling Meadows Attorney Barrington Illinois estate planning lawyer forming a corporation in Illinois Illinois insurance dispute lawyers vacation home fines Palatine corporate law attorneys dealing with problem employees bike accident Arlington Heights Attorney Palatine punch death Illinois Human Rights Act Landlord Tenant Ordinance real estate zoning Arlington Heights trucking lawyer employee discrimination Arlington Heights wills and trusts attorney Illinois pedestrian accident attorney Palatine employment attorney boating under the influence natural gas explosion Illinois wrongful termination lawyer severance agreements federal regulations for LLCs Rolling Meadows traffic attorney Rolling Meadows personal injury lawyer car accident Illinois personal injury attorney employment attorney Arlington Heights criminal lawyer traffic violations defense pregnant women operating agreements Palatine corporate attorney Chicago insurance claim attorneys federal crimes drug possession Jay Andrew Schaumburg employment attorney spinal cord injury attorney fees Schaumburg employment law attorneys Deer Park employment law attorney Inverness elder law lawyer bad faith insurance claims Illinois traffic laws medication errors deed transfer Chicago attorney Liquor Control Act home inspection lawyer Chicago employment lawyer sexual images power of attorney Inverness injury lawyer Arlington Heights wills and trusts attorneys loopholes pedestrian accident employment contract Inverness corporate attorney income distribution deducation insurance claim denials liens work unions Illinois business lawyer Palatine civil attorney Schaumburg real estate lawyer pet law Rolling Meadows insurance lawyer landlord estate planning attorney boating DUI hands free device Rolling Meadows medical malpractice lawyers workplace sexual harassment Illinois employment law attorneys Rolling Meadows insurance dispute lawyers CAM trauma after an accident Palatine employment law lawyer Barrington estate planning attorney Crystal Lake personal injury lawyer wage theft tax attorney digital assets Rolling Meadows DUI lawyer Schaumburg personal injury lawyers Crystal Lake medical malpractice law firm condo suspended license unfunded trust Barrington injury attorney pet bites Illinois traffic accident lawyer estate tax Arlington Heights personal injury attorney FSLA Buffalo Grove car accident lawyer FMLA drunk driving Palatine real estate lawyer Deer Park motorcycle accident lawyer blood alcohol content pain and suffering Palatine construction attorney living wills Mount Prospect elder law attorney Deer Park real estate law firm Illinois corporate lawyer BUI car accident lawyer pizza emoji overtime violations Illinois appealing an insurance claim child safety preventing accidents Inverness real estate lawyer murder living trust vs will Crystal Lake accident attorney Des Plaines personal injury attorney financial advisors Illinois Transfer on Death Instrument Illinois wills and trusts attorneys vacation home DGAA Policy Cancellation Barrington civil litigation attorney IRS Buffalo Grove criminal defense lawyer Rolling Meadows car accident lawyers Rolling Meadows employment attorney Buffalo Grove employment lawyer Crystal Lake employment lawyer head on collisions Chicago biking tips insurance claim denial Riverwoods estate planning lawyer Inverness DUI lawyer reckless homicide Rolling Meadows estate planning attorney compensatory time boating accidents Schaumburg criminal attorney workers compensation benefits Illinois pet lawyer corporate law commercial leases Buffalo Grove personal injury lawyer IRELA Arlington Heights insurance attorney Deer Park medical malpractice attorney Mount Prospect wills and trusts lawyers probate fees Illinois small business dynasty trusts insurance disputes Crystal Lake pedestrian accident lawyer Federal Food Drug and Cosmetic Act preventable medical errors Kenilworth estate planning attorney digital information Rolling Meadows real estate attorney employment law construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Buffalo Grove injury lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers probate claims process IRA benefits gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys texting while driving Illinois workers compensation lawyer anesthesia errors Long Grove real estate lawyer brain injury unpaid assessment Rolling Meadows business lawyer hiring employees Schaumburg Attorney drug crimes lawyer Barrington workers compensation attorney Crystal lake insurance dispute attorney problem employees Schaumburg wrongful death attorney business litigation commercial leasing texting and driving Illinois estate planning law firm auto accidents Buffalo Grove traffic lawyers Schaumburg estate attorney medical malpractice capital gains tax rest breaks Illinois injury lawyer Barrington employment attorney Illinois elder law attorney condo association motorcycle accident Schaumburg car accident attorney Barrington attorney Des Plaines collections attorney wills and trusts Rolling Meadows corporate lawyer irrevocable trust Des Plaines tax law firm Inverness probate lawyer Illinois insurance lawyer bicycle dooring accidents life insurance living trust Long Grove estate planning controlled substance traffic laws Illinois Smoke Detector Act wrongful death Illinois insurance claim attorney Schaumburg medical malpractice lawyer Home Remodeling Repair Act insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys driving foreclosure Buffalo Grove real estate attorney Class A misdemeanor Inverness civil lawyer Des Plaines criminal attorney sexual harassment commercial real estate distracted driving accident victims elder abuse medical malpractice compensation Illinois lawyer employment lawyer Illinois defective products attorney Crystal Lake employment law attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, elder law pedestrian accidents Deer Park traffic lawyer Palatine business attorney speeding traffic crimes foreclosed rental property license Chicago trucking accident attorney clemency natural gas Rolling Meadows Deer Park workers compensation lawyer fiduciary rule estate plan Des Plaines insurance attorney Illinois trusts attorney digital evidence cell phone Deer Park traffic accident attorney filing a medical malpractice claim car crash rollover accidents bicycle accidents gift taxes Des Plaines real estate attorney Barrington business law firm Arlington Heights tax lawyer Illinois employment laws defective products lawyer Rolling Meadows accident lawyer Transfer on Death Instrument Illinois traffic attorneys Des Plaines personal injury lawyer modern family estate planning license revocation murder defense Palatine criminal defense lawyer civil rights violation unauthorized overtime car accident lawyers Arlington Heights employment attorney Arlington Heights employment law attorneys car crash injuries Rolling Meadows personal injury lawyers Rolling Meadows drug defense attorney Des Plaines pet law attorney Long Grove real estate attorney llinois Real Estate Lawyers Association Schaumburg estate planning lawyer Palatine Attorney Barrington criminal lawyer startup company privacy laws healthcare claims Illinois wills and trusts Inverness traffic law firm Do Not Resuscitate spinal cord injuries trucking accident lawyers Crystal Lake car accident attorney distracted driving accidents Buffalo Grove traffic attorney Des Plaines medical malpractice attorney car accidents real estate first degree murder Long Grove estate planning attorney employee rights digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Whistleblower Claims Illinois workplace discrimination attorney residential real estate crossover accidents Chicago will attorney, social media platforms, Illinois estate planning lawyer, cell phone tower data premises liability drugs institutional trustee Illinois traffic attorney job lawyers fatal car accidents sole proprietorship insurance claim dispute Barrington Traffic Lawyer Illinois real estate agent underfunded trust Crystal Lake estate planning lawyer Retaliatory Discharge Buffalo Grove probate lawyer Barrington drug crime attorney Illinois living will South Barrington real estate attorney health insurance dispute golf accidents Illinois criminal defense attorney Illinois Trust Code Illinois Wage Payment and Collection Act South Barrington real estate lawyer Des Plaines personal injury lawyers personal injury accidents Illinois job attorney car collision Arlington Heights wills and trusts lawyers consent to a search Rolling Meadows criminal attorney Colin Gilbert criminal marijuana crimes attorney School Visitation Rights Act real estate lawyer advance healthcare directive estate planning lawyer probate lawyer medical malpractice claims Illinois collections attorney Kenilworth estate planning attorneys Schaumburg construction accident lawyer insurance claim Illinois DUI attorney construction accidents dram shop law Rolling Meadows litigation lawyer personal injury deadly crashes Illinois LLC creation Colin H. Gilbert Barrington medical malpractice lawyers denial of life insurance personal injury attorney Illinois medical malpractice case Illinois estate planning attorney comp time Palatine estate planning lawyer Illinois workers compensation attorney Crystal Lake criminal defense attorney overtime pay Long Grove estate planning attorneys Crystal Lake will lawyer Buffalo Grove medical malpractice lawyers surgical mistakes personal injury claims criminal record Rolling Meadows employment law attorney drug crimes Schaumburg elder law lawyer Illinois speeding lawyer fault based insurance new real estate form breach of contract Des Plaines motorcycle accident attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, murder charges icy parking lots Schaumburg drug defense lawyer senior citizens underinsured motorist Inverness real estate attorney DUI attorney unpaid overtime Illinois trucking safety eluding a police officer traffic deaths workers comp Illinois personal injury lawyers civil litigation attorney Palatine drug lawyer construction contracts homestead rights caregiver Inverness personal injury attorney traffic violations personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Food and Drug Administration's Food Safety Modernization Act trucking accidents Illinois employment law attorney Schaumburg injury lawyer Arlington Heights personal injury lawyer Schaumburg personal injury attorney Barrington personal injury lawyer Crystal Lake medical malpractice attorneys insurance dispute attorney taxes DUI defense Rolling Meadows boating crash lawyer special needs trust accidental death benefits Self-Directed IRA Accounts personal injury claim wrongful termination probate process products liability mass shooting traffic offenses insurance denial appeals Des Plaines real estate lawyer subcontractor marijuana Arlington Heights Traffic Lawyer Super Mario ACA Crystal Lake personal injury attorney Illinois employment lawyer liability Family Medical Leave Act insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Rolling Meadows marijuana attorney Schaumburg traffic lawyer Illinois insurance claim dispute lawyer paid sick leave Arlington Heights estate planning attorney Schaumburg personal injury lawyer Illinois insurance attorney Illinois probate lawyer Des Plaines DUI attorney estate planning for college students Rolling Meadows personal injury attorney food poisoning Illinois medical malpractice claim Schaumburg civil litigation attorney Illinois construction accident attorney employment law, Illinois employment laws Illinois insurance claim dispute lawyers Crystal Lake business law attorneys TBI employee misclassification Illinois driving without license Illinois insurance claims lawyers Palatine probate lawyer Illinois employee rights attorney. Detainer Actions Crystal Lake civil litigation lawyer Crystal Lake law firm LLCs Illinois medical malpractice lawyers power of attorney for healthcare Chicago employment attorney whistleblower protections Rolling Meadows employment law attorneys Chicago traffic lawyer Attorney Ken Apicella independent contractor Fair Labor Standards Act Exclusions small business Legal Info Chicago lawyer Crystal Lake bike accident lawyer Crystal Lake medical malpractice lawyer truck collisions Rolling Meadows Traffic Lawyer Buffalo Grove personal injury attorney comparative negligence contracts Schaumburg probate attorney Schaumburg estate planning attorney Rolling Meadows insurance dispute lawyers, insurance dispute Barrington criminal defense lawyer real estate contract Barrington real estate lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys personal injury lawyer Arlington Heights injury attorney college kids Illinois Sales Representative Act minimum wage Crystal Lake traffic attorney life insurance lawyer denied insurance claim fiduciary rule delay criminal defense Illinois workplace lawyer pay when paid contract defective products real estate attorney Deer Park DUI lawyer Crystal Lake tax lawyer Palatine workers compensation lawyer insurance agents Illinois mortgages traumatic brain injuries dog bites Chicago car accident lawyer Buffalo Grove law firm expungement Arlington Heights wills and trusts lawyer revenge porn Deer Park accident attorney Illinois medical malpractice attorney rumble strips wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace drug crime Arlington Heights medical malpractice lawyer Schaumburg civil litigation Crystal Lake employment attorney Mt Prospect Attorney