Illinois Schedule of Controlled Substances

Drug possession and distribution charges are common crimes in Chicago. There are separate categories with varying criminal penalties. The penalties are decided by the amounts of the drugs and you prior criminal background. Below are Schedule for Controlled Substances and the possible penalties.

In Illinois, all controlled substances are classified under the Illinois Controlled Substances Act. This act categorizes control substances into 5 different schedules: Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V.

Schedule I Controlled Substance

Schedule I Controlled Substances are classified as substances that have a high potential for abuse and have no current legal medical use for treatment. The following are considered schedule I controlled substances:

  • Cocaine
  • Methamphetamine
  • Heroin
  • Ecstasy
  • Psychedelic Mushrooms
  • LSD
  • Peyote

Schedule II – V Controlled Substances

The controlled substances classified under these schedules are considered to be acceptable for medical use in limited matters, and may still have a high potential for abuse. Common drug offenses under this schedule include the illegal use of prescription drugs such as the following:

  • Methadone
  • Codeine
  • Morphine
  • Opium
  • Oxycodone
  • a. Percoset
  • b. Oxycontin
  • c. Vicodin

The Possession of a Controlled Substance Penalties & Sentencing

A person may be convicted of the criminal possession of a controlled substance in Illinois if the prosecutor proves the following: 1) shows the identity of the substance in question; 2) that the defendant knowingly possessed the substance; and 3) that the controlled substance was in his or her immediate or exclusive control.

The felony penalties and sentencing for this conviction is divided into five categories: X, Class 1, Class 2, Class 3, and Class 4. Note, Class I felonies are the most serious and receive the harshest penalties.

Under Class I Felony Possession, the possession of controlled substances such as heroin, cocaine, and morphine is punished depending on the amount of the substance involved in the crime.

a. The possession of 15 to 100 grams of the above controlled substance is punishable by up to 4 to 15 years in prison.
b. The possession of 100 to 400 grams of the above controlled substance is punishable by up to 6 to 30 years in prison.
c. The possession of 400 to 900 grams of the above controlled substance is punishable by up to 8 to 40 years in prison.
d. The possession of 900+ grams of the above controlled substance is punishable by up to 10 to 50 years in prison.

In addition to the periods of incarceration listed above, these crimes may carry a financial penalty of up to $200,000 of the street value of the controlled substance.

The Possession of a Controlled Substance with the Intent to Sale Penalties & Sentencing

A person may be convicted of the criminal possession of a controlled substance with the intent to sale in Illinois if the prosecutor proves the following: 1) shows the identity of the substance in question; 2) that the defendant knowingly possessed the substance; 3) that the controlled substance was in his or her immediate or exclusive control and; 4) that the defendant was going to sell or manufacture the drug.

Illinois State law classifies the penalties and sentencing of the possession of a controlled substance with the intent to deliver (sell) as follows:

a. The possession of a controlled substance with the intent to sale of less than 1 gram is a Class 2 felony and is punishable by up to 3 to 7 years in prison. Probation is possible and the fine can be up to $200,000.

b. The possession of a controlled substance with the intent to sale of 1-15 grams is a Class I felony offense and is punishable by up to 4 to 15 years in prison. The maximum fine allowed is $250,000.

c. The possession of a controlled substance with the intent to sale 15 to 100 grams is a Class X felony and is punishable by up to 6 to 30 years in prison.

d. The possession a controlled substance with the intent to sale 100 to 400 grams is a Class X felony punishable by up to 9-40 years in prison. The fine may be up to $500,000.

e. The possession a controlled substance with the intent to sale of 400 to 900 grams is a Class X felony punishable by up to 12 to 50 years in prison. This fine can be up to $500,000.

f. The possession a controlled substance with the intent to sale of more than 900 grams is deemed an “enhanced” Class X felony and is punishable by up to 15 to 60 years in prison with no possibility of probation. The maximum fine is $500,000.

Please note, the possession of marijuana is punished separately from the possession of controlled substances mentioned above. Please click here for information regarding possession and distribution of marijuana.

Michael Brennan is experienced and knowledgeable in all areas regarding drug possession and distribution crimes under Illinois State law. He will make every effort to help you avoid incarceration. Call 708.589.4237 to speak with Chicago drug attorney Michael Brennan.