Section 401 of the Illinois Controlled Substances Act (720 ILCS 570 / 401) states that it is illegal for an individual to knowingly possess with an intent to deliver or manufacture any of the following:
- A controlled substance as defined in the federal Controlled Substances Act or in the Illinois Controlled Substances Act;
- A counterfeit which is intended to mimic a controlled substance; or
- An analog, defined as a substance which shares chemical similarities with and/or is intended to recreate the effects of a controlled substance
Under Section 401, anyone found guilty of possession of a controlled substance with intent to deliver or manufacture is guilty of a felony, with higher amounts resulting in a Class X felony.
Penalties for Possession of a Controlled Substance with Intent to Deliver or Manufacture in Illinois
The penalties for possession with intent to deliver or manufacture can vary depending on the type of controlled substance and the amount found in your possession.
Cocaine
| AMOUNT IN POSSESSION | CRIME CLASSIFICATION | SENTENCING | FINES |
|---|---|---|---|
| 1 – 14 grams | Class 1 Felony | 4 – 15 years | Up to $250,000 |
| 15 – 99 grams | Class X Felony | 6 – 30 years | Up to $500,000 |
| 100 – 399 grams | Class X Felony | 9 – 40 years | Up to $500,000 or the full street value of controlled substance |
| 400 – 899 grams | Class X Felony | 12 – 50 years | |
| 900 grams or more | Class X Felony | 15 – 60 years |
Cannabis (Marijuana)
| AMOUNT IN POSSESSION | CRIME CLASSIFICATION | SENTENCING | FINES |
|---|---|---|---|
| 2.5 – 10 grams | Class A Misdemeanor | Up to 1 year | Up to $2,500 |
| 11 – 30 grams | Class 4 Felony | 1 – 6 years | Up to $25,000 |
| 31 – 500 grams | Class 3 Felony | 2 – 10 years | Up to $50,000 |
| 501 – 2000 grams | Class 2 Felony | 3 – 14 years | Up to $100,000 |
| 2001 – 5000 grams | Class 1 Felony | 4 – 30 years | Up to $150,000 |
| More than 5000 grams | Class X Felony | 6 – 30 years | Up to $200,000 |
Contact Top Chicago/DuPage Drug Crime Defense Lawyers
In any case, a misdemeanor or felony conviction for drug possession with intent to deliver or manufacture can have severe and long-lasting impacts on your life and your future. If you are facing possession charges and looking at the possibility of conviction, it is in your best interest to seek quality representation in an experienced drug crimes defense attorney and discuss your legal options.
To speak to an attorney or to schedule a free initial consultation, contact Dolci Weiland & Sendlak 24/7.
DuPage Office: (630) 261-9098