Illinois Drug Manufacturing Laws

Overview of Illinois Drug Manufacturing Laws

The Illinois Controlled Substances Act penalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances. Persons who manufacture, deliver, possess, or possess with intent to deliver more than one type of prohibited controlled substance may be subject to multiple convictions and sentences.

Drug Manufacturing Definition

According to the statute, the "manufacture" of a controlled substance entails "the production, preparation, propagation, compounding, conversion or processing of a controlled substance other than methamphetamine, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container."

Persons whose preparation or compounding of a controlled substance does not constitute the illegal manufacture thereof include:

  1. ultimate users who prepare a controlled substance for their own use; and 
  2. practitioners, their agents, or supervisees who prepare, compound, package or label a controlled substance (a) for the purpose of administering or dispensing the substance in the course of their professional practice; or (b) as part of lawful research, teaching or chemical analysis and not for sale.

Illinois Drug Manufacturing Laws in Brief

Specific details about drug manufacturing laws in Illinois, including charges and penalties, are listed in the following table. You can also be charged with a federal drug manufacturing offense depending on the specific facts of your case.

Statutes

Illinois Controlled Substances Act -Article IV, Section 401-413

Sentences and Penalties

Illinois penalizes controlled-substance offenses according to the type(s) and amount of controlled or counterfeit substance(s) or controlled substance analog(s) possessed, manufactured, or delivered. The term of imprisonment and amount of the fine imposed on a particular defendant will vary according to the level of seriousness of his or her crime(s).

Each of the controlled substance manufacture-related offenses described above are classified as Class 4 felony offenses, punishable by a sentence of

  • a term of 1-3 years in prison;
  • periodic imprisonment of up to 18 months, where the convicted person has been committed to any correctional or detention institution or facility and may be released for periods of time to work, seek employment, attend to family needs, or for another approved reason; or
  • probation or conditional discharge of up to 30 months where the court determines that imprisonment and periodic imprisonment is inappropriate and not "necessary for the protection of the public."

The court may also impose a fine of up to $25,000 for each offense

Possible Defenses (List Not Exhaustive)

  • Manufactured for personal use of ultimate user
  • Manufactured by a practitioner in the course of professional practice, research, teaching or chemical analysis and not for sale
  • Infancy (for persons under 13 years old)
  • Insanity
  • Duress or compulsion
  • Entrapment

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.

Research the Law

Illinois Drug Manufacturing Laws: Related Resources

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Drug manufacturing trials aren’t like what you see on television or in the movies. While you may think you are invincible like Breaking Bad hero Walter White, your case will likely not be as glamorous. In fact, the consequences of a conviction can be severe. Learn more about your case and any possible defense with a free case review from an Illinois criminal defense lawyer.

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