Is Drug Possession a Felony in Illinois?

If you’re like many people who have been caught with – or accused of having – drugs in your possession, you’re probably wondering if drug possession is a felony in Illinois. 

In some cases, it is. Here’s what you need to know (and what you can do if you’re in a situation like this).

In some cases, drug possession is a felony. In others, it’s a misdemeanor. Whether you’re charged with a felony or misdemeanor depends on a few factors – including the type of drug, how much of the drug you allegedly had, and what you allegedly intended to do with the drug.

Related: Drug charges in Chicago for prescription pills

How Illinois Classifies Controlled Substances

The state of Illinois divides drugs into five categories, called schedules, based on whether they’re dangerous, could be abused, and are used for a legitimate medical purpose. Over-the-counter pain medicine, such as ibuprofen, is completely legal to have because there’s really no likelihood that someone is going to become addicted to it, it’s relatively safe, and is used for a legitimate medical purpose. On the other hand, meth is not legal – it’s dangerous (as in people can die from using it), people quickly become addicted to it, and there’s no legitimate medical purpose for the drug in its street form.

These are the five schedules of drugs in Illinois.

Controlled substance possession crimes can fall into any felony or misdemeanor category (other than Class X). 

What to Do if You’re Accused of Possession 

If you’re accused of possession of a controlled substance, you may need to talk to a drug crime defense attorney right away. Your lawyer can create a defense that gets you the best possible outcome. Call us at 847-920-4540 or fill out the form below to talk to an attorney for free – we’ll answer your questions and give you the legal advice you need right now.