Can All Drugs Be Illegal In the State of Illinois?
The War on Drugs is constantly changing, so it can be a challenge to keep up with all the details surrounding drug laws in Illinois. This stands particularly now that marijuana is legal – especially regarding how that’s in direct contradiction to federal law. Federally, marijuana is still illegal.
If you’re facing drug crime charges in Illinois, it’s vital to understand the case against you. Here is a rundown of the drugs that are illegal to possess in Illinois and the penalties associated with them.
The Illinois Controlled Substances Act
Illinois has a law referred to as the Controlled Substances Act. This law criminalizes, among many things, the possession of certain controlled substances or controlled substance analogs – a substance that has the same chemical structure of effect as a controlled substance.
In Illinois, if you are caught in possession of an illegal controlled substance or analog, you can be charged solely with that possession. You can also be charged with possession and the intent to deliver or manufacture it, which carries harsher penalties.
What Drugs Are Illegal to Possess in Illinois?
Several drugs are illegal to possess in Illinois, including:
Possession of cocaine is a Class 1 felony. It is punishable by fines of as much as $200,000 and a prison sentence that depends upon the amount found in your possession. F
or between 15 and 99 grams you can serve up to 15 years in prison, but it goes all the way up to 50 years in prison if you are found in possession of 900 grams or more.
This Class 1 felony is punished the same way as cocaine possession and includes the same fines and prison sentences for the amount you possessed at the time of arrest.
Another Class 1 felony with the same punishment structure as cocaine and heroin possession.
If you are found in possession of 200 grams or more of peyote, then it’s a Class 1 felony, punishable by as many as 15 years in prison and fines of $25,000.
Barbituric Acid or Salts
Another Class 1 felony, possession of this substance is punished in the same way as peyote possession.
A Class 1 felony with the same sentence structure as peyote possession.
A class 1 felony that can be punished by as much as $200,000 in fines and prison time, it’s dependent upon how much of the drug is found in your possession. Up to 99 grams of LSD can put you behind bars for as many as 15 years while more than 900 grams can having you serving up to 50 years.
Ketamine, Methaqualone, Pentazocine, or Phencyclidine
If you possess 30 grams or more of any of these substances, then it is a Class 1 felony. It can be punished by as many as 15 years in prison and fines of $25,000.
Possession of this is a Class C misdemeanor that can be punished by as much as 30 days in jail and fines of $1,500.
Now that marijuana is legal for those over 21 in Illinois, it’s the hope that drug crimes can occur less often, especially when it comes to possession. But it’s important to remember that possessing other drugs is very much still illegal in the state. Being caught with them can have significant consequences on your life going forward.
About the Author:
Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.