Illinois Heroin Laws
Possession, sale, and trafficking of heroin is charged as a felony under Illinois' Controlled Substances Act. The penalty and prison sentence (if applicable) upon conviction depends on the amount of heroin, by weight; prior offenses; and aggravating factors, such as whether the offense happened within 1000 feet of a school. Prison sentences can range from one to more than 50 years.
An Alternative to Incarceration: Illinois Drug Courts
Illinois drug courts are one option that may be available to you depending on the jurisdiction in which you are charged. Drug court participants commit to treatment and counseling, agree to abide by the rules of the drug court program, face frequent and random drug testing, and participate in regular court appearances
These courts focus on rehabilitation rather than punishment, and are particularly designed for people accused of drug crimes who want help conquering addiction. Check with a criminal defense attorney to learn if you are eligible for such a program.
The following table lists the charges and potential penalties under Illinois heroin laws.
See FindLaw's Drug Charges section to learn more.
|Code Section||720 ILCS 570/200, et seq.; Uniform Controlled Substances Act|
|Possession||Less than 15 g.: Class 4 felony, fine of up to $25,000 or 1-3 yrs.; 15-99 g.: Class 1 felony, mandatory 4-15 yrs.; 100-399 g.: mandatory 6-30 yrs.; 400-899 g.: mandatory 8-40 yrs.; Over 900 g.: mandatory 10-50 yrs.; Fines for any offense involving 100 g. or more: greater of $200,000 or street value|
|Sale||Less than 1 g.: Class 2 felony, 3-7 yrs.; more than 1 g. but less than 15 g.: Class 1 felony, 4-15 yrs.; 15-99 g.: 6-30 yrs.; 100-399 g.: 9-40 yrs.; 400-899 g.: 12-50 yrs.; Over 900 g.: 15-60 yrs.; Sale of amounts greater than 15 g. is a Class X felony; sale to minors: double penalties; Within 1000 ft. of truck stop or safety rest: double penalties; Within 1000 ft. of school: Class Y felony|
|Trafficking||Less than 15 g.: Class 1 felony, 4-15 yrs., up to $250,000 fine; 15-99 g.: 6-30 yrs.; 100-399 g.: 9-40 yrs.; 400-899 g.: 12-50 yrs.; 900+ g.: 15-60 yrs.; for all trafficking charges over 15 g., Class X felony and fine of up to $500,000 or full street value.|
Note: If you are arrested for heroin possession, sales, or trafficking in the state of Illinois, you should consider immediately contacting an Illinois drug crime attorney. Many attorneys offer a free consultation in order assess your situation and explain your rights and potential defenses.
Research the Law
- Illinois Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.