720 ILCS 646/55 – Methamphetamine Delivery

720 ILCS 646/55 – Methamphetamine Delivery

This law makes it illegal to sell or plan to sell methamphetamine and describes the punishments based on how much you have and where or to whom it is sold.

This Illinois law says it’s against the law to deliver or possess methamphetamine with the intent to deliver it. The punishment depends on how much meth someone has and whether it involves minors, schools, or protected buildings.

(a) Delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine.

1. It is illegal to knowingly sell, deliver, or plan to sell methamphetamine or anything that contains it.
2. If someone breaks this rule, the punishment depends on how much meth is involved:
   1. Sentence: Less than 5 grams – Class 2 felony.
   2. Sentence: 5 grams or more but less than 15 grams – Class 1 felony.
   3. Sentence: 15 grams or more but less than 100 grams – Class X felony, 6–30 years in prison, and up to $100,000 in fines or the drug’s value, whichever is more.
   4. Sentence: 100 grams or more but less than 400 grams – Class X felony, 9–40 years in prison, and up to $200,000 in fines or the drug’s value, whichever is more.
   5. Sentence: 400 grams or more but less than 900 grams – Class X felony, 12–50 years in prison, and up to $300,000 in fines or the drug’s value, whichever is more.
   6. Sentence: 900 grams or more – Class X felony, 15–60 years in prison, and up to $400,000 in fines or the drug’s value, whichever is more.

(b) Aggravated delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine.

1. It is illegal to sell or plan to sell methamphetamine in worse or more dangerous situations, such as when:
   1. The person is 18 or older and sells or plans to sell it to someone under 18.
   2. The person is 18 or older and uses someone under 18 to sell or deliver it.
   3. The sale happens in a place or vehicle protected by weapons, explosives, traps, alarms, guard dogs, or other dangerous security.
   4. The sale happens at a school, on school property, or in a school vehicle when students are present, during school hours, or during school activities.
   5. The person sells or causes someone else to sell meth to a pregnant woman.
   6. (Blank)
2. Punishments for aggravated delivery or possession with intent to deliver:
   1. Sentence: Less than 5 grams – Class 1 felony.
   2. Sentence: 5 grams or more but less than 15 grams – Class X felony, 6–30 years in prison, and up to $100,000 in fines or the drug’s value, whichever is more.
   3. Sentence: 15 grams or more but less than 100 grams – Class X felony, 8–40 years in prison, and up to $200,000 in fines or the drug’s value, whichever is more.
   4. Sentence: 100 grams or more – Class X felony, 10–50 years in prison, and up to $300,000 in fines or the drug’s value, whichever is more.

View the full statute here.

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