By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 28, 2024
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Every state has laws against illegal drug manufacturing, including Illinois. The penalties for these crimes are much harsher than they are for mere drug possession. If law enforcement catches you operating a methamphetamine lab or other manufacturing enterprise, they’ll arrest you. You’ll face felony charges.
It doesn’t matter what type of drug you’re manufacturing. Lawmakers in Illinois target these operations to keep their citizens and communities safe. You should familiarize yourself with these laws if you’re facing drug manufacturing charges. You should also consider talking to an experienced drug crimes lawyer.
Here, we’ll explain Illinois drug manufacturing laws, including the penalties for these offenses. Read on to learn more about drug laws in Illinois.
The primary law governing drug crimes in the State of Illinois is the Illinois Controlled Substances Act. This act criminalizes the possession, manufacture, and delivery of certain controlled substances, counterfeit substances, and analogs of controlled substances.
Some of the controlled substances the law targets include:
The Act focuses on targeting the possession, sale, and manufacture of Schedule I, Schedule II, and Schedule III drugs. There are severe penalties for violations of this law, including prison and hefty fines. Persons guilty of the manufacture, delivery, possession, or possession with intent to deliver more than one type of prohibited illegal substance may be subject to multiple convictions and sentences.
According to Illinois law, the manufacture of a controlled substance entails:
"The production, preparation, propagation, compounding, conversion or processing of a controlled substance other than methamphetamine, either directly or indirectly, by extraction from substances of natural origin, or independently using chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container."
When the police arrest someone for the possession of a controlled substance, they will look to see how much of the drug they have. If it is above a specific amount, the defendant will face charges for delivery of a controlled substance. If the police then learn that the defendant manufactured the drugs as well, they’ll face additional charges.
We have highlighted specific details about drug manufacturing laws in Illinois in the following table. You may also face federal drug manufacturing charges, depending on the particular facts of your case.
Illinois Drug Manufacturing Code Statutes |
Illinois Revised Statutes |
|---|---|
Sentences and Penalties for Illegal Drug Manufacturing Under Illinois State Law |
Illinois classifies controlled substance offenses according to the type and amount (by weight) of the substance in the defendant’s possession at the time of their arrest. The criminal penalties vary according to the seriousness of the defendant’s crime. The State of Illinois classifies all controlled substance manufacture-related offenses as Class 4 felony offenses, punishable by a sentence of:
The court may also impose a fine of up to $25,000 (or the street value of the drugs) for each offense. |
Possible Defenses Against Drug Manufacturing Charges |
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Disclaimer: Illinois state laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. Consult an Illinois criminal defense attorney or conduct legal research to verify current Illinois state laws.
Drug manufacturing trials aren’t like what you see on television or in the movies. Very few cases involving drug charges make it to trial. Your Illinois criminal defense lawyer will try to convince the prosecutor to dismiss the charges. If that's not possible, they'll work on negotiating a favorable plea deal.
Given the seriousness of these criminal charges and the penalties resulting from a conviction, you need skilled assistance in your corner. Whether you live in Chicago or Wheaton, there are experienced drug crime defense attorneys in your area.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Illinois attorneys offer free consultations for Drug Crime.
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