The unlawful possession of illegal drugs is an exceedingly common charge in Illinois. Referred to legally as controlled substances, possession crimes involving these drugs can be extremely serious for an alleged offender. A guilty verdict can result in stringent penalties under Illinois law, up to and including jail or prison time and hefty criminal fines. That is why it is paramount to secure legal counsel when facing charges for unlawful possession of a controlled substance.
What is the Illinois Crime of Possession of a Controlled Substance?
720 ILCS 570/402 describes the Illinois crime of possession of a controlled substance. Outside of specific exceptions, this section prohibits any person from possessing a controlled substance. This section also makes it illegal to possess counterfeit and analog substances, which are substantially similar to actual controlled substances.
There is significant requirement under Section 402 involving knowledge. In order to qualify as a criminal offense, a person must know – or have a reason to know – that they are in possession of a controlled substance. Charges for possession of a controlled substance typically depend upon this type of knowledge.
How Does Illinois Penalize Possession of a Controlled Substance?
The Illinois penalties for possession of a controlled substance also appear under Section 402. But the exact nature of punishment can fluctuate from a Class C misdemeanor to a Class 1 felony, largely based on the type of controlled substance at issue.
Possession crimes involving larger amounts of Schedule I/II narcotic drugs – such as heroin, cocaine, or LSD – are typically charged as Class 1 felonies with a maximum criminal fine of $200,000. But the applicable prison sentence changes based on the amount of controlled substance in question. Using heroin as an example, unlawful possession of:
- 15 to 100 grams – Leads to imprisonment for a period of four to 15 years;
- 100 to 400 grams – Leads to imprisonment for a period of six to 30 years;
- 400 to 900 grams – Leads to imprisonment for a period of eight to 40 years; or
- 900 grams or more – Leads to imprisonment for a period of 10 to 50 years.
Possession crimes involving smaller amounts of Schedule I/II narcotics are ordinarily charged as Class 4 felonies. Possession crimes involving any other controlled substance are also Class 4 felonies. Upon conviction for this Class 4 felony, the penalty usually centers on imprisonment for a period of one to three years and criminal fines up to $25,000.
Possession crimes involving anabolic steroids are generally charged as Class C misdemeanors on the first offense. Upon conviction for this Class C misdemeanor, the maximum penalty usually features 30 days in jail and criminal fines up to $1,500.
That being said, possession crimes involving anabolic steroids can be charged as Class B misdemeanors on the second offense, if it occurred within two years of the first offense. Upon conviction for this Class B misdemeanor, the maximum penalty usually features six months in jail and criminal fines up to $1,500.