Possession of a Controlled Substance Lawyer in Chicago

If you or someone close to you has been arrested for possession of a controlled substance in Chicago or DuPage County, you need a criminal defense lawyer right away. Illinois prosecutes drug possession aggressively, and even a small quantity can lead to felony charges, major fines, and years in prison.

At Kovacevic Law, we defend clients facing possession charges involving all types of substances, including heroin, cocaine, fentanyl, methamphetamine, ecstasy, prescription drugs, and more. With more than ten years of criminal defense experience, we know how prosecutors build drug cases and how to challenge weak evidence, illegal searches, and constitutional violations.

You do not have to face these charges alone. We are here to guide you through every step of your case and fight for the best possible outcome.

Illinois Drug Possession Laws Explained

Under 720 ILCS 570/402, it is illegal to knowingly possess a controlled substance without a lawful purpose such as a valid prescription. Controlled substances are categorized by schedules, with Schedule I containing the most serious drugs with no accepted medical use, and lower schedules covering substances that may have legal medicinal use but are still strictly regulated.

Not all illegal possession involves street drugs. You can be charged criminally for possessing prescription medications if you do not have a lawful prescription.

What Counts as “Knowledge” Under Illinois Law?

To convict you, prosecutors must prove you knowingly possessed the controlled substance. This means you:

• Were aware the drug was present, or
• Acted with intent or conscious disregard

Illinois interprets knowledge to include situations where you are aware of a high probability that something is true. In practical terms, if you should have reasonably known drugs were present, the State may argue that you had knowledge.

However, lack of knowledge is a strong defense when evidence is weak or when the drugs were found in shared spaces like vehicles or homes.

Penalties for Possession of a Controlled Substance in Illinois

The penalties depend entirely on the type of drug and amount in your possession. Below is a rewritten, organized breakdown of the sentencing guidelines by substance.

Marijuana Possession (Without Medical Authorization)

• Up to 2.5 grams: Class C misdemeanor, up to 30 days in jail and fines up to $1,500 
• 2.5 to 10 grams: Class B misdemeanor, up to 6 months in jail and fines up to $1,500 
• 10 to 30 grams: Class A misdemeanor, up to 1 year in jail and fines up to $2,500 
• 2.5 to 30 grams (subsequent): Class 4 felony, 1 to 3 years in prison and fines up to $25,000 
• 30 to 500 grams (first offense): Class 4 felony with 1 to 3 years in prison
• 30 to 500 grams (subsequent): Class 3 felony with 2 to 5 years in prison

Heroin Possession

• Less than 15 grams: Class 4 felony, 1 to 3 years in prison and up to $25,000 in fines
• More than 15 grams: Class 1 felony, up to $200,000 in fines plus:
  • 15 to 100 grams: 4 to 15 years
  • 100 to 400 grams: 6 to 30 years
  • 400 to 900 grams: 8 to 40 years
  • More than 900 grams: 10 to 50 years

Cocaine Possession

Penalties mirror heroin:

• Less than 15 grams: Class 4 felony, 1 to 3 years and up to $25,000 in fines
• More than 15 grams: Class 1 felony with fines up to $200,000
  • 15 to 100 grams: 4 to 15 years
  • 100 to 400 grams: 6 to 30 years
  • 400 to 900 grams: 8 to 40 years
  • More than 900 grams: 10 to 50 years

Methamphetamine Possession

• Less than 15 grams: Class 4 felony, 1 to 3 years in prison
• More than 15 grams: Class 1 felony with fines up to $200,000
  • 15 to 100 grams: 4 to 15 years
  • 100 to 400 grams: 6 to 30 years
  • 400 to 900 grams: 8 to 40 years
  • More than 900 grams: 10 to 50 years

Ecstasy (MDMA) Possession

• Fewer than 15 tablets: Class 4 felony, 1 to 3 years
• More than 15 tablets: Class 1 felony with fines up to $200,000
  • 15 to 200 tablets: 4 to 15 years
  • 200 to 600 tablets: 6 to 30 years
  • 600 to 1500 tablets: 8 to 40 years
  • More than 1500 tablets: 10 to 50 years

Morphine Possession

• Less than 15 grams: Class 4 felony, 1 to 3 years
• More than 15 grams: Class 1 felony with fines up to $200,000
  • 15 to 100 grams: 4 to 15 years
  • 100 to 400 grams: 6 to 30 years
  • 400 to 900 grams: 8 to 40 years
  • More than 900 grams: 10 to 50 years

LSD Possession

• Less than 15 grams: Class 4 felony, 1 to 3 years
• More than 15 grams: Class 1 felony with fines up to $200,000
  • 15 to 100 grams: 4 to 15 years
  • 100 to 400 grams: 6 to 30 years
  • 400 to 900 grams: 8 to 40 years
  • More than 900 grams: 10 to 50 years

When Possession Becomes Intent to Distribute

If the amount in your possession is significant, prosecutors may elevate the case to possession with intent to distribute, which carries far more severe penalties.