Created by FindLaw's team of legal writers and editors | Last reviewed March 21, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
To combat the rising use of drugs and its negative fallout, the Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances. A "controlled substance analog" is one which has a chemical structure or effect substantially similar to that of a controlled substance listed in Schedule I or II of the Act.
Illinois recognizes two distinct crimes stemming from the unlawful possession of a controlled substance:
To secure a conviction for drug possession, the prosecution must prove the following beyond a reasonable doubt:
Although possession of any amount of a controlled substance will sustain a conviction, higher grades of the possession offense require greater amounts of the drug(s) involved, or of the substance(s) containing the drug. Thus, to convict a defendant of a higher-level controlled-substance possession offense, the prosecution must prove the weight of the drug or substance containing the drug beyond a reasonable doubt.
You can learn more about drug possession laws in Illinois by reviewing the information in the chart below.
| Statutes | Illinois Statutes Section 570/402 |
| Possible Penalties | Heroin Possession: This is a Class 1 Felony, punishable by up to $200,000 in fines and imprisonment as follows:
Cocaine Possession: This is a Class 1 Felony, punishable by up to $200,000 in fines and imprisonment as follows:
Morphine Possession: This is a Class 1 Felony, punishable by up to $200,000 in fines and imprisonment as follows:
Peyote Possession: 200g or more is a Class 1 Felony punishable by between 4 and 15 years in prison and up to $25,000 in fines. Barbituric Acid/Salts Possession: 200g or more is a Class 1 Felony punishable by between 4 and 15 years in prison and up to $25,000 in fines. Amphetamine Possession: 200g or more is a Class 1 Felony punishable by between 4 and 15 years in prison and up to $25,000 in fines. LSD Possession: This is a Class 1 Felony, punishable by up to $200,000 in fines and imprisonment as follows:
Pentazocine, Methaqualone, Phencyclidine and Ketamine: Possession of 30g or more is a Class 1 Felony punishable by between 4 and 15 years in prison and up to $25,000 in fines. Other Substances Not Listed in Statute: Possession of any amount is a Class 4 Felony punishable by between 1-3 in prison and up to $25,000 in fines. Anabolic Steroids: Possession of any amount is a Class C Misdemeanor punishable by up to 30 days in prison and up to $1,500 in fines.
|
| Defenses |
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
As you can see from Illinois' drug possession laws, just one gram of a substance could mean the difference between 8 years and 50 years in prison. If you're facing drug charges, you need to have a strong advocate in your corner, one that's experienced in defending drug cases. Reach out to an experienced Illinois drug crimes attorney today.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Illinois attorneys offer free consultations.