Possession of a Controlled Substance in Illinois

Possession of illegal drugs in Illinois can mean jail or prison time, depending on the amount possessed, the type of drug, and a person's criminal record.

How Illinois Classifies Controlled Substances

Illinois divides controlled substances into five schedules based on factors such as their potential for abuse, and whether they are approved for legitimate medical use. Schedule I drugs have the highest potential for abuse and no accepted medical use, while Schedule V drugs have the lowest abuse potential and a currently accepted medical use. Examples of substances listed in each schedule include:

• Schedule I drugs: opiates, certain opium derivatives, and hallucinogenic substances
• Schedule II drugs: cocaine, oxycodone, codeine, fentanyl, and methamphetamine
• Schedule III drugs: buprenorphine, some steroids, and ketamine
• Schedule IV drugs: alprazolam, diazepam, and tramadol
• Schedule V drugs: medicines that have very small amounts of specified narcotic drugs

Illinois's drug schedules can be found in Illinois Compiled Statutes, chapter 720, section 570, article II.

This article concerns the unlawful possession of controlled substances. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances.

How Illinois Classifies and Punishes Drug Possession Crimes

Illinois divides felonies into five classes: X, 1, 2, 3, and 4. Class X felony possessions are the most serious and receive the harshest penalties. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes.

Some states primarily classify drug crimes according to drug schedules. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. For this reason, this article is organized partially by offense level. The state regulates meth and marijuana separately, and separate sections cover these specific drugs.

Meth Possession Crimes and Penalties in Illinois

Some of the harshest penalties apply to possession of meth, which starts as a class 3 felony.

• Class 3 felony: Possession of less than 5 grams of meth is punishable by 2 to 10 years in prison.
• Class 2 felony: Possession of 5 grams or more but less than 15 grams of meth is punishable by 3 to 14 years in prison.
• Class 1 felony: Possession of 15 grams or more but less than 100 grams of meth is punishable by 4 to 30 years in prison.
• Class X felonies: Possession of 100 grams or more of meth is punishable by 6 to 50 years in prison.

First-time felony offenders who possess less than 15 grams of meth may qualify for discharge and dismissal after successful completion of a 2-year probation program.

(720 Ill. Comp. Stat. §§ 646/60, /70 (2024).)

Class 1 Felony Drug Possession Crimes and Penalties in Illinois

Possession of most other Schedule I, II, and III drugs is considered a class 1 felony. The penalties depend on the type and amount of drug involved.

Possession of Heroin, Cocaine, Morphine, LSD, and Hallucinogenic Substances

Penalties for possession of heroin, cocaine, morphine, LSD, and specified hallucinogenic substances depend on the amount of the substance involved in the crime:

• 15 to 99 grams: Punishable by incarceration of 4 to 15 years.
• 100 to 399 grams: Punishable by incarceration of 6 to 30 years.
• 400 to 899 grams: Punishable by incarceration of 8 to 40 years.
• 900 or more grams: Punishable by incarceration of 10 to 50 years.

If a possession crime involves LSD or other hallucinogenic substance (like Molly or ecstasy) sold in object form (such as blotter paper, dots, pills, or capsules), penalties depend on the number of objects or doses involved.

• 15 to 199 objects: Punishable by incarceration of 4 to 15 years.
• 200 to 599 objects: Punishable by incarceration of 6 to 30 years.
• 600 to 1499 objects: Punishable by incarceration of 8 to 40 years.
• 1500 or more objects: Punishable by incarceration of 10 to 50 years.

In addition to the periods of incarceration listed above, a defendant convicted of a crime involving 100 grams or more may be fined an additional $200,000 or the street value of the drug, whichever is greater.

Possession of Peyote, Barbituric Acid, and Amphetamine

The possession of any substance that contains 200 or more grams of peyote, barbituric acid (including its salts, isomers, and salts of isomers), or amphetamine is punishable by incarceration of 4 to 15 years and a fine of up to $200,000.

Possession of Pentazocine, Methaqualone, Ketamine, and PCP

The possession of 30 grams or more of pentazocine, methaqualone, ketamine, or PCP is punishable by incarceration of 4 to 15 years and a fine of up to $25,000.

Possession of Other Schedule I or II Narcotics

The possession of 200 grams or more of Schedule I or II narcotics (other than those discussed above) is a Class 1 felony, punishable by incarceration of 4 to 15 years and a fine of up to $200,000.

(720 Ill. Comp. Stat. § 570/402 (2024); 730 Ill. Comp. Stat. §§ 5/5-4.5-3, 5-4.5-50 (2024).)

Class 4 Felony Drug Possession Crimes and Penalties in Illinois

Possession of any other amount of a Schedule I or II narcotic (other than those discussed above) is a Class 4 felony, punishable by incarceration of one to three years and a fine of up to $25,000. The same penalty applies to illegal possession of a Schedule III, IV, or V drug.

For a first-time felony offender, the judge can place the defendant on probation for two years under strict conditions that include periodic drug testing, a minimum of 30 hours of community service, and prohibitions on firearms possession, among other conditions. A defendant who successfully completes the two-year probation period qualifies for discharge and dismissal of the charges.

(720 Ill. Comp. Stat. §§ 570/402, 570/410 (2024); 730 Ill. Comp. Stat. §§ 5/5-4.5-45, 5-4.5-50 (2024).)

Misdemeanor Drug Possession Crimes and Penalties in Illinois

A first conviction for the possession of an anabolic steroid is a Class C misdemeanor punishable by up to 30 days in jail and a $1,500 fine. A second offense under this section that occurs within two years of the first conviction is a Class B misdemeanor, punishable by up to six months of jail time and a $1,500 fine.

(720 Ill. Comp. Stat. § 570/402 (2024); 730 Ill. Comp. Stat. §§ 5/5-4.5-60, 5-4.5-65 (2024).)

Is Possession of Marijuana Legal in Illinois?

Illinois legalizes possession of marijuana for personal use by adults age 21 and older within the following limits:

• for Illinois residents, not more than 30 grams of cannabis flower, 500 milligrams of THC, or 5 grams of cannabis concentrate, and
• for nonresidents, not more than 15 grams of cannabis flower, 250 milligrams of THC, or 2.5 grams of cannabis concentrate.

Where Can Recreational Weed Be Used in Illinois?

The law requires that possession and use of recreational marijuana be restricted to certain private locations. Public consumption is illegal. A person cannot use (smoke) marijuana in any public place, in vehicles, on school grounds, or anywhere smoking tobacco is prohibited. The law prohibits possession in places such as school grounds or in private vehicles (unless sealed and inaccessible to the driver). Other restrictions can be found in Illinois Statutes, chapter 410, section 705, article 10.

Driving under the influence of marijuana remains illegal.

(410 Ill. Comp. Stat. § 705/10 (2024).)

Penalties for Prohibited Possession of Cannabis in Illinois

The following penalties apply to marijuana possession by a person under age 21 (any amount) or adults age 21 and older outside the legalized amounts and limitations.

• Civil violation: Possession of 10 grams or less is punishable by a fine of $100 to $200.
• Class B misdemeanor: Possession of more than 10 grams but not more than 30 grams is punishable by up to six months' incarceration and a $1,500 fine.
• Class A misdemeanor: Possession of more than 30 grams but not more than 100 grams is punishable by incarceration of less than one year and a fine of up to $2,500.
• Felonies: Possession of more than 100 grams ranges from a Class 4 to Class 1 felony, punishable by incarceration of one to 15 years and fines up to $25,000.

Repeat convictions may be subject to enhanced penalties and mandatory minimum sentences.

A defendant charged with a misdemeanor may qualify for discharge and dismissal if they agree to the conditions of a two-year probation period. To qualify, the defendant cannot have any prior felony convictions. If the defendant successfully completes probation, the judge can dismiss the charges.

(410 Ill. Comp. Stat. § 705/10 (2024); 720 Ill. Comp. Stat. §§ 550/4, /10 (2024); 730 Ill. Comp. Stat. §§ 5/5-4.5-50, 5-5-3 (2024).)

Additional Penalties for Underage Possession of Weed

Underage individuals caught in possession of, or trying to buy, weed will face the following penalties.

Fake ID. A person younger than 21 who attempts to purchase marijuana using false identification commits a Class A misdemeanor.

Revocation of driving privileges. The use of a fake ID or illegal possession of marijuana by a person younger than 21 can result in suspension or revocation of driving privileges.

(410 Ill. Comp. Stat. §§ 705/10-15, 10-20 (2024).)

Limited Immunity Protections in Illinois for Good Samaritans

Illinois law provides limited immunity from drug possession charges to Good Samaritans who report an overdose or sexual assault victim. This immunity applies to the victim as well. The laws limit this protection to possession of small amounts of certain drugs found on the scene, including less than 3 grams of heroin, cocaine, morphine, or LSD or less than 6 grams of ketamine, PCP, or pentazocine.

(720 Ill. Comp. Stat. §§ 570/414, /415 (2024).)

Talk to an Attorney

The possession of controlled substances is punishable by long periods of incarceration and steep fines depending on the type and amount of drug involved in the crime. If you have prior possession convictions, you may face enhanced penalties. You should contact an attorney who specializes in drug crimes to understand the charges you face, any possible defenses or options, and the possible outcomes of your case.