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


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