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.

The Status of Medical Marijuana in Illinois

Web Admin - Thursday, January 15, 2015

medical marijuana in Illinois, Arlington Heights drug defense lawyerOne of the most controversial issues currently facing politics is the legalization of marijuana. Some states have gone so far as to completely legalize it, allowing recreational use of the drug. Other states, along with the federal government, have left it totally illegal. Illinois has chosen the middle ground of allowing the use of marijuana to treat certain medical conditions. Illinois' medical marijuana law was signed in 2013, and it creates a framework for how to regulate the use of marijuana. However, there have recently been delays in the implementation of that framework, meaning that even though medical marijuana is technically legal, it is still inaccessible to Illinois residents.

General Rules

The Illinois medical marijuana law sets up both a legal framework for patients who possess marijuana, as well as for growers and distributors. Patients may apply for a medical marijuana card if they have one of almost 40 qualifying illnesses, including Parkinson's, cancer, and glaucoma. In order to get a medical marijuana card, people must also be residents of Illinois who are over the age of 18 and who do not have a criminal record.

As far as a growth and distribution framework, the law allows for 22 businesses to receive licenses to actually grow marijuana. One of these businesses will be located in each state police district. The law also authorizes a set of 60 licenses for distributors who will purchase the marijuana from the growers and sell it throughout the state. Additionally, the law creates a new 16 member board for the addition of new qualifying illnesses to the list of diseases that would allow someone to receive medical marijuana.

Recent Delays

Despite the fact that the law went into effect at the beginning of 2014, it has been plagued with implementation delays. According to a report by the Chicago Tribune, state agencies spent almost a full year just developing the regulations to manage this program. So far, only 650 patients have been given their medical marijuana cards, and the numbers on the business side are even less encouraging.

Many people were hoping that Governor Quinn would award the licenses for the growers and distributors before he left office. However, that did not happen. That means that it will be up to Governor Rauner to make the decision about future licensing. Governor Quinn did make some appointments to the board that will decide about adding new illnesses before he left office, but he also left some spaces open for Governor Rauner to make more appointments.

Illinois's medical marijuana law creates a complex legal framework, and running afoul if it can result in criminal drug charges. If you have recently been charged with a drug crime, contact an Illinois criminal defense attorney. Drost, Gilbert, Andrew & Apicella, LLC represents the accused in towns across the northwest suburbs, including in Rolling Meadows, Schaumburg, and Arlington Heights.

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


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