Created by FindLaw's team of legal writers and editors | Last updated March 21, 2018
Possession, sale, and trafficking of heroin is charged as a felony under Illinois' Controlled Substances Act. The penalty and prison sentence (if applicable) upon conviction depends on the amount of heroin by weight, prior offenses, and aggravating factors, such as whether the offense happened within 1,000 feet of a school. Prison sentences can range from one to more than 50 years.
Illinois drug courts are one option that may be available to you depending on the jurisdiction in which you are charged. Drug court participants commit to treatment and counseling, agree to abide by the rules of the drug court program, face frequent and random drug testing, and participate in regular court appearances. These courts focus on rehabilitation rather than punishment, and are particularly designed for people accused of drug crimes who want help conquering addiction.
The following table lists the charges and potential penalties under Illinois heroin laws.
| Statutes | Illinois Statutes Section 570/401 (manufacture or delivery of controlled substances) Illinois Statutes Section 570/401.1 (trafficking of controlled substances) Illinois Statutes Section 570/402 (unlawful possession of controlled substances) Illinois Statutes Section 570/408 (second or subsequent offenses) |
| Possession Penalties | Under 15g: This is a Class 4 Felony punishable by 1-3 years in prison and up to $25,000 in fines. 15g - 99g: This is a Class 1 Felony punishable by 4-15 years in prison. 100g - 399g: This is a Class 1 Felony punishable by 6-30 years in prison. 400g - 899g: This is a Class 1 Felony punishable by 8-40 years in prison. 900g or Higher: This is a Class 1 Felony punishable by 10-50 years in prison. In addition to possible incarceration for the Class 1 felonies above, you could face up to $200,000 in fines. |
| Sale Penalties | Under 1g: This is a Class 2 Felony punishable by 3-7 years in prison. 1g - 14g: This is a Class 1 Felony punishable by 4-15 years in prison. 15g - 99g: This is a Class X Felony punishable by 6-30 years in prison. 100g - 399g: This is a Class X Felony punishable by 9-40 years in prison. 400g - 899g: This is a Class X Felony punishable by 12-50 years in prison. 900g or Higher: This is a Class X Felony punishable by 15-60 years in prison. In addition to incarceration for the felonies above you could face fines of $25,000 or even $500,000. |
| Trafficking Penalties | Under 15g: This is a Class 1 Felony punishable by 4-15 years in prison and up to $250,000 in fines. 15g - 99g: This is a Class X Felony punishable by 6-30 years in prison. 100g - 399g: This is a Class X Felony punishable by 9-40 years in prison. 400g - 899g: This is a Class X Felony punishable by 12-50 years in prison. 900g or Higher: This is a Class X Felony punishable by 15-60 years in prison. In addition to incarceration under the Class X Felonies above you could face fines of up to $500,000. |
| Defenses | Defenses can include:
For more information see Drug Possession 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.
Having an addiction isn't a crime, but it becomes a crime when you feed that addiction with illegal controlled substances. However, Illinois does provide alternatives to incarceration especially when it comes to first time drug offenders. Contact a criminal defense lawyer today and get some peace of mind.
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