720 ILCS 570/401 – Manufacture Or Delivery Of A Controlled Substance

720 ILCS 570/401 – Manufacture Or Delivery Of A Controlled Substance

This law makes it illegal to make, sell, or plan to sell illegal drugs, fake drugs, or copycat drugs, and gives different punishments based on the type and amount.

This law says that a person who makes, delivers, or plans to deliver certain drugs can be charged with a serious crime. The kind of crime and how long they can go to prison depends on what drug it is and how much they have.

Sec. 401. It is against the law for anyone to knowingly make, sell, or plan to sell illegal drugs, fake drugs, or drugs designed to act like illegal drugs, unless they specifically are allowed by law to do so. Each different drug involved counts as its own separate crime, and copycat drugs are treated the same as the real drug they are like.

(a) Sentence: A person who breaks this law with the following amounts of listed drugs commits a Class X felony and must go to prison and can also be fined, depending on which drug and how much.

• (1) Heroin
  1. Sentence: For 15 grams or more but less than 100 grams of a substance with heroin (or a similar drug), the prison term is at least 6 years and up to 30 years.
  2. Sentence: For 100 grams or more but less than 400 grams, the prison term is at least 9 years and up to 40 years.
  3. Sentence: For 400 grams or more but less than 900 grams, the prison term is at least 12 years and up to 50 years.
  4. Sentence: For 900 grams or more, the prison term is at least 15 years and up to 60 years.
• (1.5) Fentanyl
  1. Sentence: For 15 grams or more but less than 100 grams of a substance with fentanyl (or a similar drug), the prison term is at least 6 years and up to 30 years.
  2. Sentence: For 100 grams or more but less than 400 grams, the prison term is at least 9 years and up to 40 years.
  3. Sentence: For 400 grams or more but less than 900 grams, the prison term is at least 12 years and up to 50 years.
  4. Sentence: For 900 grams or more, the prison term is at least 15 years and up to 60 years.
• (2) Cocaine
  1. Sentence: For 15 grams or more but less than 100 grams of a substance with cocaine (or a similar drug), the prison term is at least 6 years and up to 30 years.
  2. Sentence: For 100 grams or more but less than 400 grams, the prison term is at least 9 years and up to 40 years.
  3. Sentence: For 400 grams or more but less than 900 grams, the prison term is at least 12 years and up to 50 years.
  4. Sentence: For 900 grams or more, the prison term is at least 15 years and up to 60 years.
• (3) Morphine
  1. Sentence: For 15 grams or more but less than 100 grams of a substance with morphine (or a similar drug), the prison term is at least 6 years and up to 30 years.
  2. Sentence: For 100 grams or more but less than 400 grams, the prison term is at least 9 years and up to 40 years.
  3. Sentence: For 400 grams or more but less than 900 grams, the prison term is at least 12 years and up to 50 years.
  4. Sentence: For 900 grams or more, the prison term is at least 15 years and up to 60 years.
• (4) 200 grams or more of a substance with peyote (or a similar drug).
• (5) 200 grams or more of a substance with barbituric acid related drugs (or similar drugs).
• (6) 200 grams or more of a substance with amphetamine (or similar drugs).
• (6.5) (blank).
• (6.6) (blank).
• (7) Lysergic acid diethylamide (LSD)
  1. Sentence:
     1. For 15 to less than 100 grams of an LSD substance, or
     2. 15 to less than 200 LSD objects or parts,

     The prison term is at least 6 years and up to 30 years.

  2. Sentence:
     1. For 100 to less than 400 grams of an LSD substance, or
     2. 200 to less than 600 LSD objects or parts,

     The prison term is at least 9 years and up to 40 years.

  3. Sentence:
     1. For 400 to less than 900 grams of an LSD substance, or
     2. 600 to less than 1500 LSD objects or parts,

     The prison term is at least 12 years and up to 50 years.

  4. Sentence:
     1. For 900 grams or more of an LSD substance, or
     2. 1500 or more LSD objects or parts,

     The prison term is at least 15 years and up to 60 years.

• (7.5) Certain listed pills or substances in subsection (d) of Section 204
  1. Sentence:
     1. For 15 to less than 100 grams, or
     2. 15 to less than 200 pills or similar items of those substances,

     The prison term is at least 6 years and up to 30 years.

  2. Sentence:
     1. For 100 to less than 400 grams, or
     2. 200 to less than 600 pills or similar items,

     The prison term is at least 9 years and up to 40 years.

  3. Sentence:
     1. For 400 to less than 900 grams, or
     2. 600 to less than 1500 pills or similar items,

     The prison term is at least 12 years and up to 50 years.

  4. Sentence:
     1. For 900 grams or more, or
     2. 1500 or more pills or similar items,

     The prison term is at least 15 years and up to 60 years.

• (8) 30 grams or more of a substance with pentazocine (or similar drugs).
• (9) 30 grams or more of a substance with methaqualone (or similar drugs).
• (10) 30 grams or more of a substance with PCP (phencyclidine) (or similar drugs).
• (10.5) 30 grams or more of a substance with ketamine (or similar drugs).
• (10.6) 100 grams or more of a substance with hydrocodone (or similar drugs).
• (10.7) (blank).
• (10.8) 100 grams or more of a substance with dihydrocodeine (or similar drugs).
• (10.9) 100 grams or more of a substance with oxycodone (or similar drugs).
• (11) 200 grams or more of a substance with any other Schedule I or II drug not already listed here (or similar drugs).

(b) Sentence: If a person is sentenced under parts (1), (2), (3), (7), or (7.5) of subsection (a) and the case involves 100 grams or more of the drug named there, they can also be fined up to $500,000 or the full street value of the drugs, whichever is more. For other parts of subsection (a), they can be fined up to $500,000.

(b-1) Sentence: For most drug crimes under this law and some related drug laws, if the drugs involved contain any fentanyl, the judge must add 3 extra years to the prison sentence, and the maximum possible sentence also goes up by 3 years, unless the crime is one already based on fentanyl.

(c) Sentence: A person who breaks this law with certain smaller but still serious amounts of listed drugs commits a Class 1 felony and can be fined up to $250,000.

• (1) 1 gram up to 15 grams of a substance with heroin (or similar drugs).
• (1.5) 1 gram up to 15 grams of a substance with fentanyl (or similar drugs).
• (2) 1 gram up to 15 grams of a substance with cocaine (or similar drugs).
• (3) 10 grams up to 15 grams of a substance with morphine (or similar drugs).
• (4) 50 grams up to 200 grams of a substance with peyote (or similar drugs).
• (5) 50 grams up to 200 grams of a substance with certain barbituric acid drugs (or similar drugs).
• (6) 50 grams up to 200 grams of a substance with amphetamine (or similar drugs).
• (6.5) (blank).
• (7) LSD
  1. 5 grams up to 15 grams of a substance with LSD (or similar drugs).
  2. More than 10 but less than 15 LSD objects or parts with any amount of LSD (or similar drugs).
• (7.5) Certain listed pills or substances listed in Section 204
  1. 5 grams up to 15 grams of these listed substances (or similar drugs).
  2. More than 10 but less than 15 pills, tablets, or similar items with any amount of these substances (or similar drugs).
• (8) 10 grams up to 30 grams of a substance with pentazocine (or similar drugs).
• (9) 10 grams up to 30 grams of a substance with methaqualone (or similar drugs).
• (10) 10 grams up to 30 grams of a substance with PCP (phencyclidine) (or similar drugs).
• (10.5) 10 grams up to 30 grams of a substance with ketamine (or similar drugs).
• (10.6) 50 grams up to 100 grams of a substance with hydrocodone (or similar drugs).
• (10.7) (blank).
• (10.8) 50 grams up to 100 grams of a substance with dihydrocodeine (or similar drugs).
• (10.9) 50 grams up to 100 grams of a substance with oxycodone (or similar drugs).
• (11) 50 grams up to 200 grams of a substance with any other Schedule I or II drug not already listed here (or similar drugs).

(c-5) (Blank).

(d) Sentence: A person who breaks this law commits a Class 2 felony and can be fined up to $200,000, if done with other amounts of certain strong Schedule I or II drugs that are:

1. Narcotics,
2. LSD (or similar drugs),
3. Amphetamines or Fentanyl (or similar drugs), or
4. BZP (or similar drugs)

(d-5) (Blank).

(e) Sentence: A person who breaks this law with other amounts of certain Schedule I or II drugs or fake drugs not covered in subsection (d) commits a Class 3 felony and can be fined up to $150,000.

(f) Sentence: A person who breaks this law with other amounts of Schedule III drugs or fake drugs commits a Class 3 felony and can be fined up to $125,000.

(g) Sentence: A person who breaks this law with other amounts of Schedule IV drugs or fake drugs commits a Class 3 felony and can be fined up to $100,000.

(h) Sentence: A person who breaks this law with other amounts of Schedule V drugs or fake drugs commits a Class 3 felony and can be fined up to $75,000.

(i) This part of the law does not apply to people who make, have, or share drugs the right way under approved medical or research rules for new drugs.

(j) (Blank).

View the full statute here.

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