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


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