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


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