Drug Crimes

If you have been arrested in Illinois for a drug charge, you need an experienced and compassionate criminal attorney who will aggressively defend you and your rights.

Drug crimes can include any crime relating to a controlled substance. You should contact an attorney to assist you in understanding the charges you face, any possible defenses or options, and the possible outcomes of your case.

Attorney Stephanie Kemen is prepared to defend you against whatever drug crime you have been charged with. The most common drug crimes and possible penalties that attorney Stephanie Kemen has defended against are outlined below.

Possession of a Controlled Substance

If you are charged with possession of a controlled substance, you are facing serious consequences. Possible punishment for possession of a controlled substance depends on the type and amount of the substance involved. If you have prior convictions, you will likely be facing enhanced penalties. In addition to the periods of incarceration listed below, many of these possession crimes carry a financial penalty of up to $200,000 or of the street value of the controlled substance, whichever is greater.

Misdemeanor Possession of Marijuana

  • 2.5 grams or less of any substance that contains cannabis: Class C misdemeanor, punishable by a period of incarceration of up to 30 days and a fine of up to $1,500
  • 2.5-10 grams of any substance that contains cannabis: Class B misdemeanor, punishable by a period of incarceration of up to 6 months and a fine of up to $1,500
  • 10-30 grams of any substance that contains cannabis: Class A misdemeanor, punishable by a period of incarceration of less than one year and a fine of up to $2,500

Felony Possession of Marijuana

  • 30-500 grams: Class 4 felony, punishable by a period of incarceration of 1 to 3 years
  • 500-2,000 grams: Class 3 felony, punishable by a period of incarceration of 2 to 5 years
  • 2,000-5,000 grams: Class 2 felony, punishable by a period of incarceration of 7 to 14 years
  • 5,000 grams or more: Class 1 felony, punishable by a period of incarceration of 4 to 15 years.

Possession of Heroin, Cocaine or Morphine

  • Under 15 grams: Class 4 felony, possible sentence of 1 to 3 years incarceration
  • 15-100 grams: Class 1 felony, possible sentence of 4 to 15 years incarceration
  • 100-400 grams: Class 1 felony, possible sentence of 6 to 30 years incarceration
  • 400-900 grams: Class 1 felony, possible sentence of 8 to 40 years incarceration
  • 900 grams or more: Class 1 felony, possible sentence of 10 to 50 years incarceration

Possession of LSD

  • 15-100 grams or 15-200 objects/segregated parts: Class 1 felony, punishable by a period of incarceration of 4 to 15 years
  • 100-399 grams or 200-600 objects/segregated parts: Class 1 felony, punishable by a period of incarceration of 6 to 30 years
  • 400-899 grams or 600-1500 objects/segregated parts: Class 1 felony, punishable by a period of incarceration of 8 to 40 years
  • 900-1500 grams or more than 1500 objects/segregated parts: Class 1 felony, punishable by a period of incarceration of 10 to 50 years

Possession of Amphetamines

  • 15-100 grams, or 15-200 tablets: Class 1 felony, punishable by a period of incarceration of 4 to 15 years
  • 100-400 grams or 200-600 tablets: Class 1 felony, punishable by a period of incarceration of 6 to 30 years
  • 400-900 grams or 600-1500 tablets: Class 1 felony, punishable by a period of incarceration of 12 to 30 years
  • 900 grams or more or 1500 tablets or more: Class 1 felony, punishable by a period of incarceration of 15 to 60 years

Intent to Deliver, Delivery and Manufacturing of a Controlled Substance

If you are charged with Intent to Deliver, Delivery or Manufacturing of a Controlled Substance, you are looking at far more serious penalties than the crime of possession alone. The offenses of delivery, intent to deliver and manufacturing carry the following penalties under Illinois law:

  • Less than 1 gram: Class 2 Felony, possible incarceration of 3 to 7 years and a fine up to $200,000
  • 1-15 grams: Class 1 felony, 4 to 15 years incarceration and a maximum fine of $250,000
  • 15-100 grams: Class X Felony, ineligible for probation and a mandatory minimum of 6 years incarceration up to 30 years, up to $500,000 fine
  • 100-400 grams: Class X Felony, incarceration from 9 to 30 years
  • 400-900 grams: Class X Felony, 12 to 50 years incarceration
  • Over 900 grams: Class X Felony, 15 to 60 years incarceration

Possession of Drug Paraphernalia

The Illinois Drug Paraphernalia statute provides a list of items that are considered to be drug paraphernalia, but indicates that the list is not exhaustive. Items such as pipes, scales, needles and syringes are common types of drug paraphernalia. Class A misdemeanor, punishable by a period of incarceration of less than one year and a mandatory fine of $750.

Other drug crimes can include drug conspiracy, drug trafficking, prescription drug fraud and much more. If you have been arrested for any drug crime in Illinois, no matter what the charge, contact criminal defense attorney Stephanie Kemen for a free consultation immediately.

Drug FAQ