Charged With A Drug Crime? What's At Risk?

The Illinois Controlled Substances Act governs all drug crimes except for marijuana and methamphetamine. Penalties are determined by the type and amount of drug involved and whether you are charged with simple possession or delivery. Beyond possible jail time, probation and fines, a conviction for a drug crime can remain on your record and have serious consequences, affecting your ability to find a job or get student loans. This is a general overview of the most common drugs and the possible penalties for possession and delivery.

Delivery And Possession With Intent To Deliver

Heroin And Cocaine

Heroin and cocaine delivery carry the harshest penalties. Delivery of 15 to 100 grams of heroin or cocaine is a standard Class X felony. Delivery of over 100 grams is also a Class X felony, but with an extended sentencing range beyond the standard 6 to 30 years: 100 to 400 grams carries a sentence of 9 to 40 years, 400 to 900 grams carries a sentence of 12 to 50 years, and over 900 grams carries a sentence of 15 to 60 years. There can also be a fine of up to $500,000 or the full street value of the drugs, whichever is greater.

Delivery of 1 to 15 grams of heroin or cocaine is a Class 1 felony, punishable by 4 to 15 years and a fine of up to $250,000 or the full street value of the drugs, whichever is greater. Delivery of any other amount is a Class 2 felony, punishable by 3 to 7 years and a fine of up to $200,000.

LSD And Morphine

LSD and morphine delivery penalties are nearly as harsh as those for heroin and cocaine possession. Delivery of 15 to 100 grams of morphine or LSD, or 15 to 200 separate objects containing LSD, is a standard Class X felony. Delivery of over 100 grams of these substances is also a Class X felony, but with an extended sentencing range beyond the standard 6 to 30 years: 100 to 400 grams (or 200 to 600 separate objects containing LSD) carries a sentence of 9 to 40 years, 400 to 900 grams (or 600 to 1,500 separate objects containing LSD) carries a sentence of 12 to 50 years, and over 900 grams (or 1,500 objects containing LSD) carries a sentence of 15 to 60 years.

Delivery of 5 to 15 grams of LSD or 10 to 15 grams of morphine is a Class 1 felony. Delivery of any other amount is a Class 2 felony.

PCP And Ketamine

Delivery of 30 grams or more of PCP or ketamine is a Class X felony. Delivery of 10 to 30 grams is a Class 1 felony. Delivery of any other amount is a Class 3 felony.

Opiates

Delivery of 100 grams or more of various prescription opiates besides morphine is a Class X felony. Delivery of 50 to 100 grams is a Class 1 felony. Delivery of any other amount is a Class 2 felony.

Possession

Heroin And Cocaine

Heroin and cocaine possession carry the harshest penalties. Possession of 15 to 100 grams of heroin or cocaine is a standard Class 1 felony. Possession of over 100 grams is also a Class 1 felony, but with an extended sentencing range beyond the standard 4 to 15 years: 100 to 400 grams carries a sentence of 6 to 30 years, 400 to 900 grams carries a sentence of 8 to 40 years, and over 900 grams carries a sentence of 10 to 50 years. For possession of over 100 grams of these substances can also include a fine of up to $200,000 or the full street value of the drugs, whichever is greater. Possession of any other amount is a Class 4 felony.

LSD And Morphine

LSD and morphine possession penalties are nearly as harsh as those for heroin and cocaine possession. Possession of 15 to 100 grams of morphine or LSD, or 15 to 200 separate objects containing LSD, is a standard Class 1 felony. Possession of over 100 grams of these substances is also a Class 1 felony, but with an extended sentencing range beyond the standard 4 to 15 years: 100 to 400 grams (or 200 to 600 separate objects containing LSD) carries a sentence of 6 to 30 years, 400 to 900 grams (or 600 to 1,500 separate objects containing LSD) carries a sentence of 8 to 40 years, and over 900 grams (or 1,500 objects containing LSD) carries a sentence of 10 to 50 years. Possession of any other amount is a Class 4 felony.

PCP And Ketamine

Possession of 30 grams or more of PCP or ketamine is a Class 1 felony. Possession of any other amount is a Class 4 felony.

Prescription Opiates

Possession of any amount is a Class 4 felony.

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