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Orland Park Meth Manufacturing Lawyer

Tinley Park Drug Crimes Attorney for Charges Related to Methamphetamine Manufacturing or Equipment

As expected, Illinois prohibits the manufacturing of methamphetamine and the participation of the manufacture of methamphetamine when coupled with the intent to produce methamphetamine. The law prohibiting methamphetamine manufacturing makes no distinction between an intent, or lack of intent, to actually sell or deliver the methamphetamine.

The state bears the burden in proving that a) the individual charged under this law knew they were participating in the production of methamphetamine and b) the individual intended to produce methamphetamine. For example, if someone was asked to purchase a beaker for another person and it can be shown that the person making the purchase did not know the beaker was going to be used by the other individual in the process of methamphetamine manufacturing, then the person purchasing the beaker cannot be convicted under the law.

In contrast to producing or manufacturing a controlled substance, a person convicted of participating in manufacturing methamphetamine will be subject to a much harsher sentence. Anything more than 15 grams of methamphetamine production will subject the individual to Class X Felony sentencing, which is non-probationable. Additionally, the fines that come along with a conviction may include the "street value" of the methamphetamine seized by law enforcement agencies which can dwarf the statutory fines prescribed to each offense. Finally, as is the case with other methamphetamine related offenses, prison time and fines can be doubled for any 2nd or subsequent conviction related to a methamphetamine offense.

The Sentence

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

14.9 grams or less

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 15 years

Up to $50,000

15 to 99.9 grams

Class X Felony

6 to 30 years

Up to $100,00 or street value

12 to 60 years

Up to $200,000 or street value

100 to 399.9 grams

Class X Felony

9 to 40 years

Up to $200,000 or street value

18 to 80 years

Up to $400,000 or street value

400 to 899.9 grams

Class X Felony

12 to 50 years

Up to $300,000 or street value

24 to 100 years

Up to $600,000 or street value

900 grams or more

Class X Felony

15 to 60 years

Up to $400,000 or street value

30 to 120 years

Up to $800,000 or street value

Probation Possible? Yes if:

  • Convicted of Class 1 Felony
AND
  • No other prior convictions related to methamphetamine

Time to be served: 75% of sentence imposed.

Supervision Possible? No.

Aggravated Manufacturing of Methamphetamine

Coupled with the actions that constitute participation in methamphetamine manufacturing as discussed in Illinois Manufacturing Methamphetamine, if any aggravating factors exist, an individual can be convicted of Aggravated Manufacturing of Methamphetamine. These aggravating factors include participating in methamphetamine manufacturing in an apartment building or other multi-unit living space, producing methamphetamine in a building that holds a child, elderly individual, or pregnant woman, producing methamphetamine in a location that contains a firearm, alarm system, or dangerous animal, producing methamphetamine that leads to the death or serious bodily injury of anyone, producing methamphetamine that leads to a fire or explosion and property damage and producing methamphetamine within 1,000 feet of a church or other houses of worship.

Additionally, the person who organizes or directs the production of methamphetamine can be convicted of Aggravated Methamphetamine Manufacturing even if he or she does not participate in the actual, physical act of producing the methamphetamine. This provision was enacted so as to charge the leader of a methamphetamine production scheme with Aggravated Methamphetamine Manufacturing making him or her eligible for the stiff penalty that comes with a conviction of this offense.

Upon a conviction for Aggravated Participation in Methamphetamine Manufacturing, an individual must serve a mandatory minimum prison term. This is because all Aggravating offenses are Class X Felonies. These types of felonies do not allow probation or other types of non-prison sentences to be imposed.

The Sentence

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

14.9 grams or less

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

9 to 40 years

Up to $200,000 or street value

18 to 80 years

Up to $400,000 or street value

100 to 399.9 grams

Class X Felony

12 to 50 years

Up to $300,000 or street value

24 to 100 years

Up to $600,00 or street value

400 grams or more

Class X Felony

15 to 60 years

Up to $400,000 or street value

30 to 120 years

Up to $800,000 or street value

Probation Possible? No.

Supervision Possible? No.

Possession or Delivery of Methamphetamine Manufacturing Equipment

In addition to outlawing the possession or delivery of methamphetamine precursors, Illinois has outlawed the possession or delivery of any and all materials associated with the production of methamphetamine if the materials are being used, has been used or will be used in the production and manufacture of methamphetamine. These materials include the obvious chemicals, reagents or solvents that are commonly used in methamphetamine production. However, the law also prohibits the seemingly innocuous and ordinary laboratory equipment commonly found in high school and college chemistry classes, such as beakers, flasks and even respirators, so long as they are tied with the production of methamphetamine.

Additionally, the law specifically states that the possession or delivery of these materials is illegal if they have been used in the production of methamphetamine in the past. In this sense, if an individual, who manufactured methamphetamine one time years ago, is found in possession of these materials can still be charged under the law if the state can prove beyond a reasonable doubt that he knowingly possessed these materials and they were used in the past to create methamphetamine.

The Sentence

1st OFFENSE
  • Class 2 Felony
  • 3 to 7 years in prison
  • Up to $25,000 fine
2nd OR SUBSEQUENT OFFENSE
  • Class 2 Felony
  • 6 to 14 years in prison
  • Up to $50,000 fine

Probation Possible? Yes if first offense and no other methamphetamine related conviction.

Supervision Possible? No.

Possession or Delivery of Methamphetamine Precursor

Although methamphetamine precursors do have medically beneficial qualities (most commonly in allergy medication), Illinois outlaws their possession or delivery under certain circumstances. If the possession or delivery of the precursors is coupled with the intent to manufacture methamphetamine, then the possession or delivery of the precursor is unlawful. This includes possession or delivery of methamphetamine precursors in standard dosage form, which include capsules or pills, although the punishment for possessing or delivering a methamphetamine precursor in non-standard dosage carries a much stiffer penalty. However, the state may not always be able to prove that the possessor intended to manufacture methamphetamine with the precursor, especially when the amount is a standard dosage.

The determination of whether or not the intent to manufacture methamphetamine exists will depend on the circumstances of a given case. For example, the state would have a difficult time in proving that an individual possessing one small box of allergy medication that contains pseudoephedrine, a methamphetamine precursor, intended to manufacture methamphetamine absent other evidence that would prove contrary. However, if one person was caught in possession of several boxes, or some other non-standard dosage, of that same allergy medication, along with weapons, chemicals often used in the manufacturing of methamphetamine and scales, then the state can rely on the reasonable inference that the individual intended to produce or manufacture methamphetamine. Additionally, as with other crimes, the state must prove that the possessor knew, or should have known, that they were in possession of a methamphetamine precursor.

The law not only punishes the possession of methamphetamine precursors when they are intended to be used to manufacture methamphetamine, but it also punishes the act of procuring and storing methamphetamine precursors. Therefore, an individual who has been hired to go out to several drug stores and buy allergy medication that contains a methamphetamine precursor can be prosecuted and convicted of the offense so long as 1) the individual knew, or should have known, that the substance was a methamphetamine precursor and 2) intended that the precursors be used to manufacture methamphetamine, even if that very person is not the one who actually is manufacturing the methamphetamine.

Additionally, as is the case with Possession of Methamphetamine, Illinois law permits a person who has been convicted a second, or subsequent, time of possessing methamphetamine precursors with the intent to manufacture methamphetamine to be sentenced to twofold the jail time and be fined twice the amount than what would be the case in a first methamphetamine related offense.

The Sentence

STANDARD DOSAGE FORM

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

14.9 grams or less

Class 2 Felony

3 to 7 years

Up to $25,000

6 to 14 years

Up to $50,000

15 to 29.9 grams

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 30 years

Up to $50,000

30 to 149.9 grams

Class X Felony

6 to 30 years

Up to $100,000

12 to 60 years

Up to $200,000

150 to 499.9 grams

Class X Felony

8 to 40 years

Up to $200,000

16 to 80 years

Up to $400,000

500 to grams or more

Class X Felony

10 to 50 years

Up to $300,000

20 to 100 years

Up to $600,000

NON-STANDARD DOSAGE FORM

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

9.9 grams or less

Class 2 Felony

3 to 7 years

Up to $25,000

6 to 14 years

Up to $50,000

10 to 19.9 grams

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 30 years

Up to $50,000

20 to 99.9 grams

Class X Felony

6 to 30 years

Up to $100,000

12 to 60 years

Up to $200,000

100 to 349.9 grams

Class X Felony

8 to 40 years

Up to $200,000

16 to 80 years

Up to $400,000

350 grams or more

Class X Felony

10 to 50 years

Up to $300,000

20 to 100 years

Up to $600,000

Probation Possible? –Yes, only if:

  • Charged with a Class 1 or 2 offenses
and
  • There have been no other prior violations under Methamphetamine Control and Community Protection Act.

Supervision Possible? – No.

Possession of Anhydrous Ammonia

In addition to laws against the possession of methamphetamine and its precursors, Illinois prohibits the possession and usage of Anhydrous Ammonia, a plant fertilizer, when it is used to manufacture methamphetamine. However, unlike methamphetamine or its precursors, the possession or usage of Anhydrous Ammonia is punished immediately as a Class 1 Felony, regardless of the amount possessed or used. This is due to the volatile nature of the chemicals contained in Anhydrous Ammonia. As with other crimes involving methamphetamine components, the state must show that there was intent to use Anhydrous Ammonia to manufacture methamphetamine. In some instances, the intent to manufacture methamphetamine and the possession or usage of Anhydrous Ammonia can be easily connected with one another; while other times the state will have some difficulty in establishing that intent. Anhydrous Ammonia is a fertilizer that is often used to help plants and crops grow. Therefore, if a farmer was found to be in possession of the chemical, absent other indicia of methamphetamine manufacturing, the state will have a difficult time proving that the farmer intended to make methamphetamine. However, if an individual living in a high rise apartment building in a large city is found to be possessing Anhydrous Ammonia, a reasonable inference that the chemical was intended to be used to manufacture methamphetamine by the individual will arise.

Keeping in line with Illinois lawmakers' strict stance on methamphetamine related offenses, Illinois law permits a person who has been convicted a second, or subsequent, time of possessing Anhydrous Ammonia with the intent to manufacture methamphetamine to be sentenced to double the jail time and be fined twice the amount than what would be the case in a first offense.

The Sentence

1st Offense
  • Class 1 Felony
  • 4 to 15 years in prison
  • Up to $25,000 fine
2nd or Subsequent Methamphetamine Related Offense
  • Class 1 Felony
  • 8 to 30 years in prison
  • Up to $50,000 fine

Probation Possible? –Yes, only if first offense and there have been no other prior violations under Methamphetamine Control and Community Protection Act.

Supervision Possible? – No.

Aggravated Possession or Delivery of Anhydrous Ammonia

Recognizing the significantly harmful results that may arise from unskilled usage of Anhydrous Ammonia, Illinois law harshly penalizes the possession, transportation, storage, or delivery of Anhydrous Ammonia, a plant or crop fertilizer often used to manufacture methamphetamine, when certain circumstances exist or follow as a result of the knowing possession, transportation, storage or delivery of the methamphetamine if it is coupled with intent to use the Anhydrous Ammonia to create methamphetamine.

As such, Illinois has set out to assure that the punishment is consistent with the gravity of the offense committed. An individual in possession of Anhydrous Ammonia who exposes the chemical to: many people in a multi-unit dwelling (i.e. an apartment building or college dormitory), the elderly, young or disabled, those who become seriously injured or killed as a result of the exposure and those who lost property due to a fire or explosion from the Anhydrous Ammonia, will be punished to a greater extent than one who possesses the chemical without exposing it to the above listed classes of individuals.

As is the case with most Methamphetamine offenses, the individual charged must have known, or should have known, that they were possessing, transporting, delivering, or procuring Anhydrous Ammonia and intended that the Anhydrous Ammonia be used in manufacturing methamphetamine. In this respect, common sense will allow a Judge or jury to determine whether the knowledge and intent was present. Common sense tells people that a farmer will innocently have a large quantity of the chemical to use on their farm, so long as no other equipment or materials commonly known to be used in manufacturing methamphetamine are found alongside the Anhydrous Ammonia. Common sense also tells us that if Anhydrous Ammonia was found in possession of a person who doesn't live near, or has no relation to, a farm, that individual may be using the chemical for illicit purposes.

As is the case with all other methamphetamine related crimes, a person who has been convicted a second, or subsequent, time of possessing Anhydrous Ammonia with the intent to manufacture methamphetamine to be sentenced to double the jail time and be fined twice the amount than what would be the case in a first offense.

The Sentence

1st OFFENSE
  • Class X Felony
  • 6 to 30 years in prison
  • Up to $100,000 fine
2nd OR SUBSEQUENT OFFENSE
  • Class X Felony
  • Mandatory 12 to 60 years in prison
  • Up to $200,000 fine

Probation Possible? No.

Supervision Possible? No.

Contact Our Will County Meth Manufacturing Defense Lawyer

If you have been arrested for manufacturing methamphetamines or related charges, contact us at Issa Law, LLC and schedule a consultation today.

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