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Possession of a Controlled Substance w/Intent to Deliver or Manufacture

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

Illinois Sentencing Guidelines – Possession of Cocaine with Intent to Manufacture or Deliver
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)

Illinois Sentencing Guidelines – Possession of Cannabis with Intent to Manufacture or Deliver
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 24/7.

Chicago Office: (312) 238-9007
DuPage Office: (630) 261-9098

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