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


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