Illinois Delivery or Possession with Intent to Deliver Methamphetamine

The Law – 720 ILCS 646/55

It is unlawful to knowingly to deliver or possess with intent to deliver methamphetamine or a substance containing methamphetamine.

Illinois prohibits the delivery of methamphetamine or the possession of methamphetamine with intent to deliver it. Delivery means includes the actual transfer or the attempted transfer of the methamphetamine. The exchange of money, or any other item, for the methamphetamine is legally irrelevant. Additionally, if one person, on the behalf of another, delivers methamphetamine, both individuals can be charged and convicted of Delivery or Possession with the Intent to Deliver.

While most cases of Delivery of Methamphetamine can be quite clear, Possession with Intent to Deliver Methamphetamine can be difficult to prove. If someone was arrested with a small amount of methamphetamine that is consistent with personal use, a conviction for Possession with Intent to Deliver will be difficult for the state to prove. However, if a person is arrested with a small amount that is consistent with personal use, but is also found with other paraphernalia that indicates selling of methamphetamines (scales, cash or small unused baggies), then a Judge or jury can take the other paraphernalia into consideration and can find that the possessor intended to deliver that small amount of methamphetamine.

The Sentence

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

4.9 grams or less

Class 2 Felony

3 to 7 years

Up to $25,000

6 to 14 years

Up to $50,000

5 to 14.9 grams

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 30 years

Up to $50,000

15 to 99.9 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

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

16 to 60 years

Up to $400,000 or street value

32 to 120 years

Up to $800,000 or street value

 

Probation Possible? Yes only if:

  • Class 1 or Class 2 offenses

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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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

708-633-6005