Drug Crimes

We wrote the chapters on Defenses, Arrests and Investigatory Stops, and Search and Seizure!

We wrote the chapters on Defenses, Arrests and Investigatory Stops, and Search and Seizure!

The most common types of drug offenses in Illinois are the following:

1) Drug Possession (720 Illinois Compiled Statutes 570/402): Illinois law bars you from knowingly possessing a controlled substance. The degree of the charges and the punishment depend on the type of drug and the amount. See our related blog post at It’s Just for Me: The Crime of Possession of a Controlled Substance in Illinois.

2) Drug Dealing (720 ILCS 570/401): Illinois law bars you from knowingly manufacturing, delivering or possessing with intent to deliver a controlled substance. The severity of the charges and the punishment also depend on the type of drug and the amount.These penalties are a step up from a charge of simple possession. See our related post at Just a Little Cocaine: The Crime of Drug Dealing in Illinois.

3) Criminal Drug Conspiracy (720 ILCS 570/405): If you deal, manufacture or possess drugs as part of a plan undertaken with two or more other people and you receive something of value, you can be charged with a Class X felony.

4) Special Drug Offenses: Your sentence can be increased, even doubled, if you sell to the wrong person such as a minor or pregnant woman, involve a minor in your dealing or sell in the wrong place such as on school or church grounds or near a rest area. (See ILCS 750/407 and 720 ILCS750/408. Also see our related blog post at: From Bad to Worse: Aggravating Factors for Drug Dealing Crimes in Illinois.

5) Marijuana Possession or Dealing (720 ILCS 550): Despite changing marijuana law, it is still a crime to possess more than 10 grams of marijuana and to manufacture or deliver more than 2.5 grams of marijuana.

If you have been arrested for possessing a controlled substance or dealing or manufacturing drugs in Illinois, contact an attorney immediately. Among other issues, I can examine whether the arresting officer had probable cause to stop you before the drugs were found. In some cases, there may be a question regarding who really had possession or control of the drugs. Perhaps you were simply an unwitting passenger in a car. If so, the police may not be able to prove that you had control of the car or knew about the drugs.

©2020 Matt Keenan. This website is designed for general information only. The information presented at this website should not be construed as formal legal advice nor the formation of a lawyer/client relationship.