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 PossessionCrime ClassificationSentencingFines
    1 – 14 gramsClass 1 Felony4 – 15 yearsUp to $250,000
    15 – 99 gramsClass X Felony6 – 30 yearsUp to $500,000
    100 – 399 gramsClass X Felony9 – 40 yearsUp to $500,000 or
    the full street value
    of controlled substance
    400 – 899 gramsClass X Felony12 – 50 years
    900 grams or moreClass X Felony15 – 60 years

    Cannabis (Marijuana)

    Illinois Sentencing Guidelines – Possession of Cannabis with Intent to Manufacture or Deliver
    Amount in PossessionCrime ClassificationSentencingFines
    2.5 – 10 gramsClass A MisdemeanorUp to 1 yearUp to $2,500
    11 – 30 gramsClass 4 Felony1 – 6 yearsUp to $25,000
    31 – 500 gramsClass 3 Felony2 – 10 yearsUp to $50,000
    501 – 2000 gramsClass 2 Felony3 – 14 yearsUp to $100,000
    2001 – 5000 gramsClass 1 Felony4 – 30 yearsUp to $150,000
    More than 5000 gramsClass X Felony6 – 30 yearsUp 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