Illinois Possession of Methamphetamine

The Law – 720 ILCS 646/60

It is unlawful for any person knowingly to possess methamphetamine or a substance containing methamphetamine.

WHAT IS “METHAMPHETAMINE”?

Methamphetamine chemical or any salt, optical isomer, salt of optical isomer, or analog thereof.

As is the case with Possession of a Controlled Substance and Possession of Cannabis, “possession” as it relates to methamphetamine is highly dependent on the facts and circumstances of the case. In addition to the commonly understood actual, physical possession (i.e., having methamphetamine on your person), constructive possession can be applicable. In a constructive possession case, the state can rely on circumstances present to show that an individual knew, or should have known, that they were in possession of methamphetamine. If methamphetamine was recovered in an individual’s vehicle while that individual was not in the vehicle, the fact that: 1) the individual owned the vehicle; 2) no one, other than the owner, was in or around the vehicle for a prolonged time and; 3) items commonly associated with possession of methamphetamine was found in the driver’s pocket, would allow a judge or jury to hold that the driver constructively possessed the methamphetamine.

Also, as was discussed in Possession of a Controlled Substance and Possession of Cannabis, the search or seizure of the Methamphetamine must have been made through lawful and proper means. If it can be shown that law enforcement agents did not follow the proper steps in recovering the methamphetamine, a Judge will not allow the methamphetamine to be used as evidence. This would most likely lead to the charge being dropped.

Unlike Possession of a Controlled Substance or Possession of Cannabis, the growing use of methamphetamine has caused Illinois lawmakers to enact severe punishments for its possession. As a result, simply possessing a certain amount of methamphetamine, regardless of delivering or having an intent to deliver the methamphetamine, will subject one to a stiffer penalty than a person possessing the same amount of a controlled substance (Heroin, Cocaine or LSD) or cannabis. Additionally, Illinois law permits an individual who is convicted a second, or subsequent, time of possessing methamphetamine to be sentenced to twice the jail time and be fined double than what would be the case in a first offense.

The Sentence

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

4.9 grams or less

Class 3 Felony

2 to 5 years

Up to $25,000

4 to 10 years

Up to $50,000

5 to 14.9 grams

Class 2 Felony

3 to 7 years

Up to $25,000

6 to 14 years

Up to $50,000

15 to 99.9 grams

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 30 years

Up to $50,000

100 to 399.9 grams

Class X Felony

6 to 30 years

Up to $100,000

12 to 30 years

Up to $200,000

400 to 899.9 grams

Class X Felony

8 to 40 years

Up to $200,000

16 to 80 years

Up to $400,000

900 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: *

1) Possessed less than 15 grams

AND

2) Have not ever been convicted of, or given probation or supervision for any of the following offenses:

  • Possession of Cannabis
  • Possession of a Controlled Substance
  • Possession of Methamphetamine

*Otherwise, individual must be sentenced to the mandatory minimum time in prison.

Supervision Possible? – No.

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