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.

Recent Posts


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