Illinois Possession or Delivery of Methemphetamine Precursor

The Law – 720 ILCS 646/20

It is unlawful to knowingly possess, procure, transport, store or deliver any methamphetamine precursor or substance containing any methamphetamine precursor in standard dosage form with the intent that it be used to manufacture methamphetamine or a substance containing methamphetamine.
It is also unlawful to knowingly possess, procure, transport, store, or deliver any methamphetamine precursor or substance containing any methamphetamine precursor in any form other than a standard dosage form with the intent that it be used to manufacture methamphetamine or a substance containing methamphetamine

WHAT IS A “METHAMPHETAMINE PRECURSOR”?

Ephedrine, Pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, phenyl acetone, phenyl-2-propanone, P2P, or any salt, optical isomer, or salt of an optical isomer of any of these chemical.

WHAT IS “STANDARD DOSAGE FORM”?

Standard dosage form means that the methamphetamine precursor is contained in a pill, tablet, capsule, caplet, gel cap, or liquid cap that has been manufactured by a lawful entity and contains a standard quantity of methamphetamine precursor.

Although methamphetamine precursors do have medically beneficial qualities (most commonly in allergy medication), Illinois outlaws their possession or delivery under certain circumstances. If the possession or delivery of the precursors is coupled with the intent to manufacture methamphetamine, then the possession or delivery of the precursor is unlawful. This includes possession or delivery of methamphetamine precursors in standard dosage form, which include capsules or pills, although the punishment for possessing or delivering a methamphetamine precursor in non-standard dosage carries a much stiffer penalty. However, the state may not always be able to prove that the possessor intended to manufacture methamphetamine with the precursor, especially when the amount is a standard dosage.

The determination of whether or not the intent to manufacture methamphetamine exists will depend on the circumstances of a given case. For example, the state would have a difficult time in proving that an individual possessing one small box of allergy medication that contain pseudoephedrine, a methamphetamine precursor, intended to manufacture methamphetamine absent other evidence that would prove contrary. However, if one person was caught in possession of several boxes, or some other non-standard dosage, of that same allergy medication, along with weapons, chemicals often used in the manufacturing of methamphetamine and scales, then the state can rely on the reasonable inference that the individual intended to produce or manufacture methamphetamine. Additionally, as with other crimes, the state must prove that the possessor knew, or should have known, that they were in possession of a methamphetamine precursor.

The law not only punishes the possession of methamphetamine precursors when they are intended to be used to manufacture methamphetamine, but it also punishes the act of procuring and storing methamphetamine precursors. Therefore, an individual who has been hired to go out to several drug stores and buy allergy medication that contain a methamphetamine precursor can be prosecuted and convicted of the offense so long as 1) the individual knew, or should have known, that the substance was a methamphetamine precursor and 2) intended that the precursors be used to manufacture methamphetamine, even if that very person is not the one who actually is manufacturing the methamphetamine.

Additionally, as is the case with Possession of Methamphetamine, Illinois law permits a person who has been convicted a second, or subsequent, time of possessing methamphetamine precursors with the intent to manufacture methamphetamine to be sentenced to twofold the jail time and be fined twice the amount than what would be the case in a first methamphetamine related offense.

The Sentence

STANDARD DOSAGE FORM

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

14.9 grams or less

Class 2 Felony

3 to 7 years

Up to $25,000

6 to 14 years

Up to $50,000

15 to 29.9 grams

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 30 years

Up to $50,000

30 to 149.9 grams

Class X Felony

6 to 30 years

Up to $100,000

12 to 60 years

Up to $200,000

150 to 499.9 grams

Class X Felony

8 to 40 years

Up to $200,000

16 to 80 years

Up to $400,000

500 to grams or more

Class X Felony

10 to 50 years

Up to $300,000

20 to 100 years

Up to $600,000

 

NON-STANDARD DOSAGE FORM

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

9.9 grams or less

Class 2 Felony

3 to 7 years

Up to $25,000

6 to 14 years

Up to $50,000

10 to 19.9 grams

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 30 years

Up to $50,000

20 to 99.9 grams

Class X Felony

6 to 30 years

Up to $100,000

12 to 60 years

Up to $200,000

100 to 349.9 grams

Class X Felony

8 to 40 years

Up to $200,000

16 to 80 years

Up to $400,000

350 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:

  • Charged with a Class 1 or 2 offenses

and

  • There have been no other prior violations under Methamphetamine Control and Community Protection Act.

Supervision Possible? – No.

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