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


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