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


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