A Brief Overview of Illinois Drug Laws

Possessing, using, selling, or transporting illegal drugs in Illinois is taken very seriously by the courts. Understanding the various laws that govern these types of offenses can help you know what to expect if you or a loved one is arrested or charged with any violation of drug law. Of course, regardless of what charges you have against you, we can provide an aggressive legal defense to help protect your rights.

Marijuana vs Other Drugs

The first thing to be aware of is that Illinois splits up drug charges into two primary categories. First are charges related to marijuana, especially possession of cannabis. These laws are primarily found in the law 720 ILCS 550/4. All other drug charges are considered “controlled substances” and possession of these is found under law 720 ILCS 570/402. The controlled substances can be cocaine, heroin, ecstasy, and many others.

Penalties Based on Amount

In most cases, the severity of the penalties with any drug charge will be based on how much of the substance you have. The more of it you have, the more severe the potential penalties may be. For cocaine, morphine, heroin, methamphetamine, and LSD, the potential penalties for a guilty verdict are as follows:

  • 15 to 99 grams – This is a class 1 felony and comes with a penalty of 4-15 years in prison and a fine of up to $200,000
  • 100 to 399 grams – This is also a class 1 felony, and comes with penalties of 6-30 years in prison, and a fine of $200,000 or the street value of the drugs, whichever is greater.
  • 400 to 899 grams – Class 1 felony, with a penalty of 8-40 years in prison and a fine of $200,000 or the street value of the drugs, whichever is greater.
  • 900 or more grams – Class 1 felony with a penalty of 10-50 years in prison, and a fine of $200,000 or the street value of the drugs, whichever is greater.

Other controlled substances such as Ketamine, barbituric acid, and peyote have their own penalties based on the amount because of what is generally used and sold. Marijuana also has its own breakdown, which is as follows:

  • 2.5 grams or fewer – Class C misdemeanor. Penalty is up to 30 days in jail and a fine of up to $1500.
  • 2.5 – 10 grams – Class B misdemeanor with a penalty of up to 6 months in jail and a fine of up to $1500.
  • 10-30 grams – Class A misdemeanor with a penalty of up to 1 year in jail, and a fine of up to $2500. For a second offense it goes up to a Class 4 felony with a penalty of 1-3 years in prison and a fine of up to $25,000.
  • 30-500 grams – This is a class 4 felony. The penalty is 1-3 years in prison with a penalty of up to $25,000. For second offenses, it moves up to a class 3 felony with 2-5 years in prison and up to $25,000 in fines.
  • 500 to 2000 grams – Class 3 felony, which comes with 2-5 years in prison and a fine of up to $25,000.
  • 2000-5000 grams – Class 2 felony with a penalty of 3-7 years in prison and a fine of up to $25,000
  • 5000 or more grams – Class 1 felony with a penalty of 4-15 years in prison and a fine of up to $25,000.

 Don’t Fight This Alone

Drug charges, no matter how minor, are very serious and can have a long-lasting impact on your life. If you are arrested and charged with any type of drug law violation, you need to have an experienced attorney at your side. Contact Abdallah Law to schedule a consultation and get the representation you need.

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Abdallah Law

Abdallah Law has been a successful law firm serving the people of Chicago and the surrounding area for years. This success can be attributed to one thing: Our team. At Abdallah Law, protecting our clients’ rights and safeguarding their liberties is the driving force of everything we do.

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