Illinois Drug Possession Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 28, 2024
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In 1971, Illinois took steps to combat the rising use of drugs and their negative fallout. Lawmakers in the State of Illinois passed the Illinois Controlled Substances Act. This law criminalizes the possession, manufacture, and delivery of controlled substances, counterfeit substances, and analogs of controlled substances.
A controlled substance analog is one with a chemical structure and effect substantially similar to Schedule I, Schedule II, and Schedule III drugs. Many of these illegal drugs are synthetics of regular controlled substances. Illegal drug manufacturers make synthetic versions of heroin and methamphetamine because they’re cheaper to make, and most drug users can’t tell that they’re man-made.
Here, we’ll discuss Illinois drug possession laws and the penalties you’ll face with a felony conviction. We will also provide a breakdown of drug possession charges and the possible penalties according to weight.
You should be familiar with Illinois drug laws if you're facing drug charges. If the state convicts you of drug possession, you’ll face a possible prison sentence and hefty fines. The penalties will be even more significant if you have a prior criminal record.
Drug Possession vs. Possession with Intent to Distribute
Not all drug possession charges are the same. Illinois recognizes two distinct crimes stemming from the unlawful possession of a controlled substance:
- Mere possession of a controlled substance or analog
- Possession of a controlled substance with intent to manufacture or deliver
The second offense carries harsher penalties. Illinois law reflects their serious stance against drug trafficking. If the state convicts you of drug trafficking, you’ll face significant jail time and heavy fines.
Elements of a Drug Possession Charge
The prosecution must prove the following beyond a reasonable doubt to convict you of drug possession:
- The identity of the substance in question and proving it's an illegal drug
- That the defendant knew they possessed the substance
- The substance was in their immediate and exclusive control (actual or constructive possession)
Constructive possession means that while you may not have physical possession of the drugs or paraphernalia, you still have control over it. Having the key to a lockbox containing drugs is considered constructive possession. So is having a friend hold the drugs for you. In either case, law enforcement can still arrest you for possession of whichever type of drug you're responsible for.
Illinois Drug Possession Laws at a Glance
You can learn more about drug possession laws in Illinois by reviewing the information in the chart below.
Illinois Drug Possession Code Statutes |
Illinois Revised Statutes Illinois Statutes (ILCS) §570/402 |
|---|---|
Possible Drug Possession Penalties In Illinois |
Heroin (Class 1 felony): A fine of up to $200,000 and imprisonment as follows:
Cocaine (Class 1 felony): A fine of up to $200,000 and imprisonment as follows:
Morphine (Class 1 felony): A fine of up to $200,000 and imprisonment as follows:
Peyote (Class 1 felony for over 199 grams): Between four and 15 years in prison and up to $25,000 in fines Barbituric Acid/Salts (Class 1 felony for over 199 grams): Between four and 15 years in prison and up to $25,000 in fines Amphetamine (Class 1 felony for over 199 grams): Between four and 15 years in prison and up to $25,000 in fines LSD (Class 1 felony): A fine of up to $200,000 and imprisonment as follows:
Pentazocine, Methaqualone, Phencyclidine, and Ketamine (Class 1 felony for possession of 30g or more): Between four and 15 years in prison and up to $25,000 in fines Anabolic Steroids (Class C misdemeanor): Up to 30 days in prison and a fine of up to $1,500 Other Substances Not Listed in Statute (Class 4 felony): Between one and three years in prison and a fine of up to $25,000 |
Possible Defenses Against Drug Possession Charges in Illinois |
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Disclaimer: Illinois laws are subject to 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 your state laws.
Get Professional Help With Your Drug Possession Case
As you can see from Illinois' drug possession laws, you’ll face severe penalties if the police catch you with any amount. The laws are particular, which means that one gram of a controlled substance could mean the difference between eight years and 50 years in prison. You also might run afoul of federal laws.
Contact a skilled criminal defense lawyer at a law office near you if you're facing drug charges. Your drug crime lawyer can help fight your felony charges and work hard to get an acquittal or negotiate a favorable plea.
Related Resources for Illinois Drug Possession Laws
Can I Solve This on My Own or Do I Need an Attorney?
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- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Illinois attorneys offer free consultations.
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