Illinois Drug Possession Laws & Penalties

CRIME

PUNISHMENT

DRUG CRIMES

DRUG CONVICTION FOR POSSESSION
(felony
or misdemeanor)

Under Student Aid Laws:
Cannot obtain any Government Student Aid, Loans, or Grants for 1 Year
after 1^st Conviction for Possession; for 2 Years after 2^ND
Conviction and for an indefinite amount of time after 3^RD
Conviction.

DRUG CONVICTION FOR SALE
(felony
or misdemeanor)

Under Student Aid Laws:
Cannot obtain any Government Student Aid, Loans, or Grants for 2 Years
after 1^ST Conviction and indefinite amount of time after 2^ND
Conviction.

DRUG POSSESSION

CANNABIS
(<
2.5 grams)
720 ILCS
550/4 

Up to $1500 Fine &/or Up to
30 Days in Jail

CANNABIS
(2.5
grams to 10 grams)
720 ILCS
550/4 

Up to $1500 Fine &/or Up to
6 Months in Jail

CANNABIS
(10
grams to 30 grams)
720 ILCS
550/4 

1^ST
Offense
Up to $2500 Fine &/or Up to 1 Year in Jail

2^ND
Offense
Felony Up to $25,000 Fine &/or 1 to 3 Years Pen.

CANNABIS
(30
grams to 500 grams)
720 ILCS
550/4 

1^ST Offense
Felony Up to $25,000 Fine &/or 1 to 3 Years
in Pen.

2^ND
Offense
Felony Up to $25,000 Fine &/or 2 to 5 Years in Pen.

CANNABIS
(500
grams to 2000 grams)
720 ILCS
550/4 

Felony Up to $25,000 Fine
&/or 2 to 5 Years in Pen.

CANNABIS
(2000
grams to 5000 grams)
720 ILCS
550 

Felony Up to $25,000 Fine
&/or 3 to 7 Years in Pen.

CANNABIS
(over
5000 grams)
720 ILCS
550/4 

Felony Up to $25,000 Fine
&/or 4 to 15 Years Pen.

PRESCRIPTION FORGERY
720 ILCS
570/406(b)(3) 

1^ST
Offense Felony
Up to $100,000 Fine &/or 1 to 3 Years in Pen.

2^ND Offense
Felony
Up to $200,000 Fine &/or
2 to 5 Years
in Pen.

POSSESSION DRUG PARAPHERNALIA
720 ILCS
600/3.5 

$750 to $2500 Fine &/or Up
to 1 Year in Jail

POSSESSION OF HEROIN, COCAINE,
MORPHINE, METHAMPHETAMINE, LYSERGIC ACID OR LSD:
720 ILCS
570/402 

15 GRAMS TO 100 GRAMS

Felony Up to $200,000 Fine
&/or 4 to 15 Years in Pen.

100 GRAMS to 400 GRAMS

Felony Up to $200,000 Fine or
Street Value &/or 6 to 30 Years Pen.

400 GRAMS TO 900 GRAMS

Felony Up to $200,000 Fine or
Street Value &/or 8 to 40 Years Pen.

900 + GRAMS

Felony Up to $200,000 Fine or
Street Value &/or 10 to 50 Years Pen.

PEYOTE, BARBITURIC ACID,
AMPHETAMINE
(more
than 200 grams)
720 ILCS
570/402 

Felony Up to $200,000 Fine
&/or 4 to 15 Years in Pen.

METHAQUALONE, PENTAZOCINE,
PHENCYCLIDINE
(more
than 30 grams)
720 ILCS
570/402 

Felony Up to $200,000 Fine
&/or 4 to 15 Years in Pen.

ANABOLIC STEROID
720 ILCS
570/402 

1^ST Offense
Up to $1500 Fine &/or
30 Days in
Jail

2^ND Offense
UP to $1500 Fine &/or
6 Months in
Jail

NITROUS OXIDE
720 ILCS
5/24.5-5 

1^ST
Offense
Up to $2500 Fine &/or Up to 1 Year in Jail

2^ND
Offense
Felony Up to $25,000 Fine &/or 1 to 3 Years in Pen.

SALE, MANUFACTURE, POSSESSION
WITH INTENT TO TRAFFIC DRUGS

CANNABIS
(less
than 2.5 grams)
720 ILCS
550/5 

Up to $1500 Fine &/or 6
Months in Jail

CANNABIS
(2.5
grams to 10 grams)
720 ILCS
550/5 

Up to $2500 Fine &/or 1 Year
in Jail

CANNABIS
(10
grams to 30 grams)
720 550/5 

Felony Up to $25,000 Fine
&/or 1 to 3 Years in Pen.

CANNABIS
(30
grams to 500 grams)
720 550/5 

Felony Up to $55,000 Fine
&/or 2 to 5 Years in Pen.

CANNABIS
(500
grams to 2000 grams)
720 550/5 

Felony Up to $100,000 Fine
&/or 3 to 7 Years in Pen.

CANNABIS
(2000
grams to 5000 grams)
720 550/5 

Felony Up to $150,000 Fine
&/or 4 to 15 Years in Pen.

CANNABIS
(more
than 5000 grams)
720 550/5 

Felony Up to $200,000 Fine
&/or 6 to 30 Years in Pen.

COCAINE 
(1 to 15 grams)
720 ILCS
570/401 
HEROIN
(10 to
15 grams)
MORPHINE
(10 to 15 grams)
METHAMPHETAMINE
(5 to 15 grams)

Felony Up to $250,000 &/or 4
to 15 Years in Pen.

COCAINE, HEROIN, MORPHINE,
METHAMPHETAMINE, LSD:
720 ILCS
570/401 

15 GRAMS TO 100 GRAMS

Felony Up to $500,000 Fine
&/or 6 to 30 Years in Pen.

100 GRAMS TO 400 GRAMS

Felony Up to $500,000 or Street
Value &/or 9 to 40 Years in Pen.

400 GRAMS TO 900 GRAMS

Felony Up to $500,000 Fine or
Street Value &/or 12 to 50 Years Pen.

OVER 900 GRAMS

Felony Up to $500,000 Fine or
Street Value &/or 15 to 60 Years Pen.

NITROUS OXIDE
720 ILCS
5/24.5-10 

Felony Up to $25,000 Fine
&/or 2 to 5 Years in Pen.

* FELONY, INCREASES PENALTY TO 15-20-25-LIFE

Increased Penalties for use of Firearm During
Commission of Offense:

1. Use of firearm during commission
   of offense: 15 years added to sentence imposed
2. Discharge of firearm during
   commission of offense: 20 years added to sentence imposed
3. Discharge of firearm causing
   death or injury: 25 years or up to natural life added to sentence
   imposed

MISDEMEANORS

730 ILCS
5/5-9-1 & 5/5-8-3

Class
A:
Up to $2500 Fine &/or Up to 1 Year in Jail.
Class B:
Up to $1500 Fine &/or Up to 6 Months in Jail.
Class C:
Up to $1500 Fine &/or Up to 30 Days in Jail.

FELONY
CONVICTION

730 ILCS
5/5-8-1 & 5/5-9-1

Class
X Felony
Up to $25,000 Fine &/or 6 to 30 Years in Pen.
Class 1 Felony
Up to $25,000 Fine &/or 4 to 15 Years in Pen.
Class 2 Felony
Up to $25,000 Fine &/or 3 to 7 Years in Pen.
Class 3 Felony
Up to $25,000 Fine &/or 2 to 5 Years in Pen.
Class 4 Felony
Up to $25,000 Fine &/or 1 to 3 Years in Pen.

IF
POSSESSION OR SALE OF ANY DRUG IS WITHIN 1500 FEET OF A SCHOOL, CHURCH,
PUBLIC PARK, OR MOVIE THEATER, COURT MAY DOUBLE THE FINE AND THE
SENTENCE.

IF A FIREARM IS IN POSSESSION AT
THE TIME OF A DRUG ARREST, AT CONVICTION COURT MAY DOUBLE THE FINE AND
THE SENTENCE.