Illinois Aggravated Manufacturing of Methamphetamine

The Law – 720 ILCS 646/15

It is unlawful to knowingly participate in the manufacture of methamphetamine with the intent that methamphetamine or a substance containing methamphetamine be produced.

WHAT QUALIFIES AS “PARTICIPATION”?

"Participate" or "participation" in the manufacture of methamphetamine means to produce, prepare, compound, convert, process, synthesize, concentrate, purify, separate, extract, or package any methamphetamine, methamphetamine precursor, methamphetamine manufacturing catalyst, methamphetamine manufacturing reagent, methamphetamine manufacturing solvent, or any substance containing any of the foregoing, or to assist in any of these actions, or to attempt to take any of these actions, regardless of whether this action or these actions result in the production of finished methamphetamine.

The participation in the manufacture of methamphetamine becomes aggravated when:

  1. the person knowingly does so in a multi-unit dwelling; or

  2. the person does so in a structure or vehicle where a child under the age of 18, a person with a disability, or a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care resides, is present, or is endangered by the manufacture of methamphetamine; or

  3. the person does so in a structure or vehicle where a woman the person knows to be pregnant (including but not limited to the person herself) resides, is present, or is endangered by the methamphetamine manufacture; or

  4. the person knowingly does so in a structure or vehicle protected by one or more firearms, explosive devices, booby traps, alarm systems, surveillance systems, guard dogs, or dangerous animals; or

  5. the methamphetamine manufacturing in which the person participates is a contributing cause of the death, serious bodily injury, disability, or disfigurement of another person, including but not limited to an emergency service provider; or

  6. the methamphetamine manufacturing in which the person participates is a contributing cause of a fire or explosion that damages property belonging to another person; or

  7. the person knowingly organizes, directs, or finances the methamphetamine manufacturing or activities carried out in support of the methamphetamine manufacturing; or

  8. the methamphetamine manufacturing occurs within 1,000 feet of a place of worship or parsonage.

Coupled with the actions that constitute participation in methamphetamine manufacturing as discussed in Illinois Manufacturing Methamphetamine, if any of the above listed 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.

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