Illinois Cocaine Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 28, 2024

Most state and federal laws treat drug possession, sale, and trafficking of cocaine as a felony. Illinois law is no different. The penalty for these drug crimes depends on several factors, such as the amount of cocaine (by weight), prior criminal record, and other aggravating factors.

If you’re facing criminal drug charges, you should familiarize yourself with the state of Illinois cocaine laws. A conviction for these offenses could result in serious jail time and hefty fines. If law enforcement arrests you for drug trafficking, you could face a prison sentence of up to 50 years.

Here, we’ll explain how Illinois drug laws apply to the trafficking, distribution, and possession of cocaine. We will also discuss the penalties and defenses to these crimes and what your criminal defense attorney can do to help achieve the best possible outcome.

What Possession Means

Illinois law defines possession of any drug as having physical dominion and control. You may face a felony conviction if you're in possession of cocaine. It doesn't matter if it's your hand or locked away in a safe for which you have the key.

Some possession cases involve what the law refers to as constructive possession. The state can prove constructive possession by showing that you’re aware of the presence of a controlled substance like cocaine and have the intent and capability of maintaining control and possession. Constructive possession of cocaine applies if you have exclusive control of the area where the controlled substance is.

For example, suppose you live alone in an apartment. If law enforcement finds a small bag of cocaine in your kitchen drawer, it won’t be hard for the prosecutor to prove you knew about the drugs. It's your home.

You don't have to be holding the drugs in your hands to have constructive possession in the eyes of the law. You can face possession charges regardless of whether you have physical possession of a controlled substance.

Illinois Diversion Programs for Drug Convictions: Drug Court

Like most other states, Illinois has diversion programs for drug offenders. One of these is drug court. Whether you live in Chicago, Skokie, DuPage County, or Cook County, you may have the opportunity to enroll in drug court rather than go to prison.

Your access to this program depends on several factors, including:

Severity of your drug crime
Prior criminal convictions
Agreement to commit to the program

The judge has discretion over who may take part in drug court. Your criminal defense lawyer can ask the prosecutor if this is an option.

Cocaine Laws in Illinois: At a Glance

Learn more about Illinois cocaine laws in the following table. See FindLaw's Drug Charges section for more information.

Illinois Cocaine Laws Code Sections	Illinois Compiled Statutes ILCS 720 570/201, et seq. Illinois Controlled Substances Act
Possession of Cocaine Penalties Under Illinois Law	ILCS §570/402 Less than 15 grams (Class 4 felony): One to three years in prison and a fine of up to $25,000 Between 15 and 99 grams (Class 1 felony): Between four to 15 years in prison and a fine of up to $25,000 Between 100 to 399 grams (Class 1 felony): Between six to 30 years in prison and a fine of up to $200,000 Between 400 to 899 grams Class 1 felony): Between eight to 40 years in prison and a fine of up to $200,000 Over 900 grams (Class 1 felony): Between ten to 50 years in prison and a fine of up to $200,000 Fines for any offense involving 100 grams or more will be the greater of $200,000 or the drug's street value.
Penalties for Manufacture with Intent to Distribute/Sale Cocaine Under Illinois Law	ILCS 702 §570/401 Less than 1 gram (Class 2 felony): three to seven years Between one and 15 grams (Class 1 felony): Between four to 15 years in prison Between 15 to 99 grams (Class 1 felony): Between six to 30 years in prison Between 100 to 399 grams (Class 1 felony): Between nine to 40 years in prison Between 400 to 899 grams (Class 1 felony): Between 12 to 50 years in prison Over 900 grams (Class 1 felony): Between 15 to 60 years in prison The sale of amounts greater than 15 grams is a Class X felony. The penalties double for defendants who sell to minors. The same applies to crimes within 1000 feet of a truck stop or safety rest stop. If law enforcement arrests you within 1000 feet of a school, the state will charge you with a Class Y felony.
Penalties for Trafficking Cocaine Under Illinois Law	ILCS 702 §570/401 Between 15 to 99 grams (Class 1 felony): Between six to 30 years in prison Between 100 to 399 grams (Class 1 felony): Between nine to 40 years in prison Between 400 to 899 grams (Class 1 felony): Between 12 to 50 years in prison Over 900 grams (Class 1 felony): Between 15 to 60 years in prison All trafficking charges over 15 grams are Class X felonies and carry a penalty of prison time and a fine of either $500,000 or the total street value of the drug (whichever is higher). The above fines apply to all trafficking offenses.

Disclaimer: Illinois state laws change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct legal research to verify current Illinois state laws.

Charged With a Cocaine-Related Offense? Talk to a Lawyer

If you’re facing cocaine charges, you’re probably scared and uncertain of how to proceed. This is normal. Even if you only had a few grams of cocaine on you at the time of your arrest, you’ll still face significant penalties.

An experienced criminal defense lawyer may be able to help. They’ll review your drug case to see if the police had probable cause to arrest you in the first place. They’ll also help craft a solid legal defense strategy.

Whatever your position, if you're facing charges for a cocaine-related offense, speak with an Illinois cocaine possession lawyer who specializes in drug crimes.