What’s the Difference Between a Misdemeanor and Felony Drug Charge in Illinois? Facing criminal drug charges in the state of Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses how Illinois charges drug offenses. The difference between a misdemeanor and felony drug charge in Illinois usually depends on the type and quantity of the controlled substance involved. Misdemeanor drug charges often involve smaller amounts of certain substances and may result in penalties such as fines, probation, or short jail sentences. Felony drug charges, however, typically involve larger quantities, more dangerous substances, or allegations of possession with intent to distribute under the Illinois Controlled Substances Act (720 ILCS 570).
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Interview Transcript
Scott Michael Dunn: What’s the difference between a misdemeanor and a felony drug charge in Illinois?
Joshua Boardman: Illinois follows many other states in that the difference between the state’s attorney charging someone with a misdemeanor and felony in a drug case, it’s going to have to do with the actual substance itself. They can look at factors such as quantity. They can look at the schedule of the substance that was found. Basically at that point, whether you’re possessing a larger quantity or smaller quantity, or whether it’s heroin or whether it’s marijuana, it fits into the statutory classifications of what are misdemeanors and then what are felonies.
