Illinois 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”?

"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.

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.

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