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


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