Illinois Delivery of Counterfeit, Look-a-Like or Controlled Substance to Persons Under 18

The Law – 720 ILCS 570/407(a)(1)

Any person 18 years of age or over who violates delivers or possesses with intent to deliver a controlled, counterfeit or look-a-like substance to a person under 18 years of age may be sentenced to imprisonment for a term up to twice the maximum and fined up twice the amount authorized by the pertinent subsection.

Illinois punishes those over the age of 18 who deliver a controlled, counterfeit or lookalike substance to those under the age of 18 more severely than someone who distributes these items to people over the age of 18. The goal in making the punishment harsher is to deter individuals from selling drugs to younger individuals, which would allow those younger individuals to lead a more fruitful life, according to Illinois lawmakers.

Of note in this law is the fact that the seller does not need to know that the individual is under the age of 18. If a seller sells a controlled substance to someone who looks as if he is 25 years old and represents himself to be 25 years old, while in actuality being 17 years old, the seller can still be convicted for the offense.

The prison term depends on the actual substance being sold or delivered. While some controlled substances, such as cocaine and heroin, are punished very harshly, other substances, such as Schedule IV substances, are punished less severely.

The Sentence

Double of what would normally be the case, for example:

Delivering more than 15, but less than 100, grams of heroin to someone over the age of 18:

  • Class X Felony
  • 6 to 30 years in prison
  • Fine of up to $25,000

Delivering more than 15, but less than 100, grams of heroin to someone under the age of 18:

  • Class X Felony
  • 12 to 60 years in prison
  • Fine of up to $50,000

Probation Possible? Yes, unless Class X Felony

Supervision Possible? No.

Time to be served: 75% of sentence on Class X Felony

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James A. Payonk, Jr.

~ Attorney at Law ~

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