Illinois Possession or Delivery of Methamphetamine Manufacturing Equipment

The Law – 720 ILCS 646/30

It is unlawful to knowingly engage in the possession, procurement, transportation, storage, or delivery of any methamphetamine manufacturing material, other than a methamphetamine precursor, substance containing a methamphetamine precursor, or anhydrous ammonia, with the intent that it be used to manufacture methamphetamine.

WHAT IS “METHAMPHETAMINE MATERIALS”?

Any methamphetamine precursor, substance containing any methamphetamine precursor, methamphetamine manufacturing catalyst, substance containing any methamphetamine manufacturing catalyst, methamphetamine manufacturing reagent, substance containing any methamphetamine manufacturing reagent, methamphetamine manufacturing solvent, substance containing any methamphetamine manufacturing solvent, or any other chemical, substance, ingredient, equipment, apparatus, or item that is being used, has been used, or is intended to be used in the manufacture of methamphetamine.

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.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

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