Created by FindLaw's team of legal writers and editors | Last reviewed March 21, 2018
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The Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances, or substances intended for human consumption having a chemical structure or effect substantially similar to that of a controlled substance listed in Schedule I or II of the Act including those which contain opiates, opium derivatives (such as heroin), hallucinogenic substances (such as lysergic acid diethylamide (LSD)), and substances having a depressant or stimulant effect on the central nervous system.
An individual commits the crime of "controlled substance trafficking" when he or she knowingly brings or causes to be brought into Illinois a controlled or counterfeit substance for the purpose of manufacture or delivery, or with the intent to manufacture or deliver such substance, within the state or to any other state or country. To convict a defendant of controlled-substance trafficking, the prosecution must therefore prove, beyond a reasonable doubt, that the defendant
Keep in mind, the defendant's knowledge of the trafficking must be proved both with respect to the bringing of the controlled or counterfeit substance into Illinois as well as the end-goal of its delivery within or outside of the state.
Specific details about drug distribution laws in Illinois, including charges and penalties, are listed in the following table. Remember, certain drug distribution charges can also be charged under federal law depending on the specific facts of the case.
Statutes |
Illinois Controlled Substances Act: §570/401-413 |
Sentences and Penalties |
Penalties for controlled-substance possession, manufacturing and delivery offenses range in seriousness from a Class 3 felony on the "low" end to a Class X felony on the high end.
Note: The law also punishes a person's knowing use of a "cellular radio telecommunication device in the furtherance of controlled substance trafficking" with a hefty fine of up to $100,000. |
Possible Defenses |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Being charged with a drug distribution offense in Illinois is a very serious matter. While you may have several defenses available to you, such as possession for personal use instead of distribution, you’ll want to speak with a skilled attorney before making any decisions about your case. Start today by contacting an Illinois criminal defense lawyer who specializes in drug crimes.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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