Illinois drug possession laws are notoriously tough. This makes it particularly difficult when you find yourself charged with possession. The good news is you don’t have to face such charges alone. An experienced criminal defense lawyer understands the laws and knows what you are up against. They stand ready to defend you and represent your best interests in court.
Lawmakers and law enforcement alike see drugs as the cause of many problems within communities. Unfortunately, some high profile cases have led such officials to treating all drug cases as potentially disastrous towards public safety. This is part of the reason such charges are taken so seriously by law enforcement in Illinois.
Illinois Drug Possession Laws & Penalties
When you are charged with drug possession, the penalties you face depend on the type of drug you are caught with and the amount in your possession. This chart represents just some of the laws regarding drug possession:
| Drug | Amount | Charge | Penalty |
| Heroin, Cocaine, Morphine | Less than 15 grams | Class 4 Felony | |
| Heroin, Cocaine, Morphine | 15 – 99 grams | Class 1 Felony | 4- 15 years in prison |
| Heroin, Cocaine, Morphine | 100- 399 grams | Class 1 Felony | 6- 30 years in prison |
| Heroin, Cocaine, Morphine | 400- 899 grams | Class 1 Felony | 8- 40 years in prison |
| Heroin, Cocaine, Morphine | 900 grams or more | Class 1 Felony | 10-50 years in prison |
| Marijuana | 2.5 grams or less | Class C misdemeanor | 30 days in jail, $1,500 fines |
| Marijuana | 2.6- 10 grams | Class B misdemeanor | 6 mos. in jail, $1,500 fines |
| Marijuana | 11- 30 grams | Class A misdemeanor | 1 yr. in jail, $2,500 fines |
| Marijuana | 31- 500 grams | Class 4 Felony | 1-3 years in prison |
| Marijuana | 501- 2,000 grams | Class 3 Felony | 2-5 years in prison |
| Marijuana | 2,001- 5,000 grams | Class 2 Felony | 3-7 years in prison |
| Marijuana | More than 5,000 g. | Class 1 Felony | 4- 15 years in prison |
*Penalties and charges can be increased dependent on your criminal history.
**Felony drug possession offenses also carry variable fines reaching up to $25,000.
Fighting a Drug Possession Charge in Illinois
Drug charges are a serious matter but you do have options. The best defense strategy for your case depends largely on the specific facts of your case and your criminal history, so you need a case evaluation from an experienced defense attorney who knows what it takes to fight and win drug possession charges in Illinois courts. Obviously if you have an otherwise clean criminal record, you will likely get a better result. However, this is not always the case.
You have many rights under the United States Constitution. It’s not unusual for the police to run afoul of these rights during the search and arrest process. If it’s found that your rights were violated, your attorney will likely motion the court to suppress the evidence against you and possibly drop all charges.
Even if the evidence is solid and the case looks like a slam-dunk to the prosecutor, your attorney can work with them to come up with a favorable plea agreement, potentially saving you from serving any jail time.
If you are facing drug charges in Illinois, your first step should be to consult with a criminal defense attorney. Contact us to arrange a free case evaluation.
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