Illinois Aggravated Delivery or Possession with Intent to Deliver Methamphetamine

The Law – 720 ILCS 646/55

It is unlawful to knowingly engage in the delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine.

Delivery or Possession with Intent to Deliver Methamphetamine becomes Aggravated when:

  1. the person is at least 18 years of age and knowingly delivers or possesses with intent to deliver the methamphetamine or substance containing methamphetamine to a person under 18 years of age; or

  2. the person is at least 18 years of age and knowingly uses, engages, employs, or causes another person to use, engage, or employ a person under 18 years of age to deliver the methamphetamine or substance containing methamphetamine; or

  3. the person knowingly delivers or possesses with intent to deliver the methamphetamine or substance containing methamphetamine in any structure or vehicle protected by one or more firearms, explosive devices, booby traps, alarm systems, surveillance systems, guard dogs, or dangerous animals; or

  4. the person knowingly delivers or possesses with intent to deliver the methamphetamine or substance containing methamphetamine in any school, on any real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity; or

  5. the person delivers or causes another person to deliver the methamphetamine or substance containing methamphetamine to a woman that the person knows to be pregnant.

A conviction for Aggravated Delivery or Possession with the Intent to Deliver Methamphetamine results in some of the harshest sentences for non-violent, illicit substance related offenses in the state. This is especially true for any 2nd or subsequent conviction under the Methamphetamine Control and Community Protection Act. The act of delivering, or possessing with the intent to deliver, methamphetamine: to anyone under the age of 18, while using someone under the age of 18 in the process of the delivery, in any structure that is protected by firearms, surveillance systems or guard dogs, in a school or property comprising any school, or to a pregnant woman are all acts that makes the Delivery or Possession with the Intent to Deliver Methamphetamine aggravated.

The aggravating circumstances listed above are elements of the offense and, as a result, must be proven beyond a reasonable doubt by the state in order for an individual to be convicted. For instance, if someone is charged with delivering methamphetamine to someone under the age of 18, and it can be shown that the transferor did not know the buyer was under 18 years of age, the state cannot meet its burden and the charge of Aggravated Delivery or Possession with the Intent to Deliver Methamphetamine must fail.

The Sentence

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

4.9 grams or less

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 30 years

Up to $50,000

5 to 14.9 grams

Class X Felony

6 to 30 years

Up to $100,000 or street value

12 to 60 years

Up to $200,000 or street value

15 to 99.9 grams

Class X Felony

8 to 40 years

Up to $200,000 or street value

16 to 80 years

Up to $400,000 or street value

100 grams or more

Class X Felony

10 to 50 years

Up to $300,000 or street value

20 to 100 years

Up to $600,000 or street value

Probation Possible? Yes only if:

  • Class 1 offense

    and

  • No previous conviction related to methamphetamine, otherwise must serve mandatory jail time.

Supervision Possible? No.

Time to be served: 75% of sentence imposed.

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