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


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