The criminal offense of possession of drugs in Illinois has two categories:
- Possession of cannabis (ie, marijuana). This offense is governed by 720 ILCS 550/4.
- Possession of a controlled substance. The law for controlled substances is 720 ILCS 570/402.
All illegal drugs that are not cannabis are classified as controlled substances. For example, the crime of possession of cocaine is called possession of a controlled substance, and the same is true for heroin, ecstasy, etc.
The following is a summary of Illinois drug laws for possession. The penalties for possession with intent to deliver (ie, distribute) are considerably higher.
Controlled Substances
Possession of any controlled substance with a total weight of less than 15 grams is a Class 4 felony with a penalty of 1-3 years in the Department of Corrections and a possible fine of up to $25,000.
In addition, certain substances have special penalties for weights greater than 15 grams.
Heroin
- 15-99 grams. Class 1 felony (4-15 years prison). Fine of up to $200,000.
- 100-399 grams. Class 1 felony. (6-30 years prison). Up to $200,000 or street value, whichever is greater.
- 400-899 grams. Class 1 felony. (8-40 years prison). Up to $200,000 or street value, whichever is greater.
- 900 or more grams. Class 1 felony. (10-50 years prison). Up to $200,000 or street value, whichever is greater.
Cocaine
- 15-99 grams. Class 1 felony (4-15 years prison). Fine of up to $200,000.
- 100-399 grams. Class 1 felony. (6-30 years prison). Up to $200,000 or street value, whichever is greater.
- 400-899 grams. Class 1 felony. (8-40 years prison). Up to $200,000 or street value, whichever is greater.
- 900 or more grams. Class 1 felony. (10-50 years prison). Up to $200,000 or street value, whichever is greater.
Morphine
- 15-99 grams. Class 1 felony (4-15 years prison). Fine of up to $200,000.
- 100-399 grams. Class 1 felony. (6-30 years prison). Up to $200,000 or street value, whichever is greater.
- 400-899 grams. Class 1 felony. (8-40 years prison). Up to $200,000 or street value, whichever is greater.
- 900 or more grams. Class 1 felony. (10-50 years prison). Up to $200,000 or street value, whichever is greater.
Peyote
- 200 or more grams. Class 1 felony (4-15 years). Fine of up to $200,000.
Barbituric Acid
- 200 or more grams. Class 1 felony (4-15 years). Fine of up to $200,000.
Amphetamine
- 200 or more grams. Class 1 felony (4-15 years). Fine of up to $200,000.
Methamphetamine
- 15-99 grams. Class 1 felony (4-15 years prison). Fine of up to $200,000.
- 100-399 grams. Class 1 felony. (6-30 years prison). Up to $200,000 or street value, whichever is greater.
- 400-899 grams. Class 1 felony. (8-40 years prison). Up to $200,000 or street value, whichever is greater.
- 900 or more grams. Class 1 felony. (10-50 years prison). Up to $200,000 or street value, whichever is greater.
LSD
- 15-99 grams or 10 or more objects or parts (eg, doses). Class 1 felony (4-15 years prison). Fine of up to $200,000.
- 100-399 grams. Class 1 felony. (6-30 years prison). Up to $200,000 or street value, whichever is greater.
- 400-899 grams. Class 1 felony. (8-40 years prison). Up to $200,000 or street value, whichever is greater.
- 900 or more grams. Class 1 felony. (10-50 years prison). Up to $200,000 or street value, whichever is greater.
Pentazocine, Ketamine, Methaqualone, or PCP
- 30 or more grams. Class 1 felony (4-15 years prison). Fine of up to $200,000.
Any other Schedule I substance or a Schedule II substance classified as a narcotic drug.
- 200 or more grams. Class 1 felony. (4-15 years prison). Fine of up to $200,000.
Cannabis
- Up to 2.5 grams. Class C misdemeanor (up to 30 days jail). Fine of up to $1,500.
- 2.5 to 10 grams. Class B misdemeanor (up to 6 months jail). Fine of up to $1,500.
- 10 to 30 grams. Class A misdemeanor (up to one year in jail. Fine of up to $2,500. Class 4 felony on second offense (1-3 years prison with fine of up to $25,000).
- 30 to 500 grams. Class 4 felony (1-3 years prison). Fine of up to $25,000. Class 3 felony on second offense (2-5 years prison with fine of up to $25,000).
- 500 to 2,000 grams. Class 3 felony (2-5 years prison). Fine of up to $25,000.
- 2,000 to 5,000 grams. Class 2 felony (3-7 years prison). Fine of up to $25,000.
- More than 5,000 grams. Class 1 felony (4-15 years prison). Fine of up to $25,000.