720 ILCS 570/402 – Possession of Controlled or Counterfeit Substances

720 ILCS 570/402 – Possession of Controlled or Counterfeit Substances

This law makes it illegal to knowingly have illegal or fake drugs unless allowed by law.

This Illinois law says it’s against the law to knowingly have controlled substances (drugs that are illegal or need a prescription) or fake versions of those drugs. The punishment depends on what type of drug and how much of it a person has.

Sec. 402. People cannot have a controlled substance, a fake drug, or something very similar to an illegal drug unless the law allows it. Each kind of substance counts as a separate crime. A “controlled substance analog” is a drug designed to act like a real illegal drug, even if it’s slightly different chemically.

(a) Sentence: If someone is caught with certain amounts of drugs listed below, it is a Class 1 felony. Jail time and fines depend on the drug and how much is found.

• (1) Heroin
  1. 4–15 years in prison for 15–100 grams.
  2. 6–30 years in prison for 100–400 grams.
  3. 8–40 years in prison for 400–900 grams.
  4. 10–50 years in prison for more than 900 grams.
• (2) Cocaine
  1. 4–15 years in prison for 15–100 grams.
  2. 6–30 years in prison for 100–400 grams.
  3. 8–40 years in prison for 400–900 grams.
  4. 10–50 years in prison for more than 900 grams.
• (3) Morphine
  1. 4–15 years in prison for 15–100 grams.
  2. 6–30 years in prison for 100–400 grams.
  3. 6–40 years in prison for 400–900 grams.
  4. 10–50 years in prison for more than 900 grams.
• (4) 200 grams or more of peyote = Class 1 felony.
• (5) 200 grams or more of barbiturate drugs = Class 1 felony.
• (6) 200 grams or more of amphetamine = Class 1 felony.
• (6.5) (blank)
• (7) LSD (acid)
  1. 4–15 years for
     1. 15–100 grams of LSD, or
     2. 15–200 objects with LSD.
  2. 6–30 years for
     1. 100–400 grams, or
     2. 200–600 objects.
  3. 8–40 years for
     1. 400–900 grams, or
     2. 600–1,500 objects.
  4. 10–50 years for
     1. More than 900 grams, or
     2. more than 1,500 objects.
• (7.5) Other drugs in Section 204 lists (like ecstasy or other designer drugs)
  1. 4–15 years for
     1. 15–100 grams, or
     2. 15–200 pills.
  2. 6–30 years for
     1. 100–400 grams, or
     2. 200–600 pills.
  3. 8–40 years for
     1. 400–900 grams, or
     2. 600–1,500 pills.
  4. 10–50 years for
     1. Over 900 grams, or
     2. More than 1,500 pills.
• (8) 30 grams or more of pentazocine = Class 1 felony.
• (9) 30 grams or more of methaqualone = Class 1 felony.
• (10) 30 grams or more of PCP = Class 1 felony.
• (10.5) 30 grams or more of ketamine = Class 1 felony.
• (11) 200 grams or more of any other Schedule I or II narcotic drug = Class 1 felony.

(b) Sentence: If a person has 100 grams or more of the drugs named in (a)(1), (a)(2), (a)(3), (a)(7), or (a)(7.5), they can be fined up to $200,000 or the full street value of the drugs, whichever is higher. For other drugs in (a), the fine can be up to $200,000.

(c) Sentence: Having a smaller amount of a controlled substance not listed in parts (a) or (d) is a Class 4 felony and can result in up to a $25,000 fine.

(d) Sentence: Having anabolic steroids without approval is a misdemeanor. The first offense is a Class C misdemeanor. If a person is caught again within 2 years, it becomes a Class B misdemeanor.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.