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


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