Class X Felony Drug Charges in Illinois

Updated on 05/12/2021 / Under

Under Illinois law, it is illegal to sell or possess certain narcotics. Depending on the type of drug and the amount of that drug you are charged with, you or a loved one can face anywhere from a misdemeanor up to a Class X felony. Generally, for drug charges, there are two different ways that you can be charged.

In this article, we will learn everything about Class X Felony drug charges in Illinois. From types, categories to potential penalties you could face. Getting charged with a felony is a very serious matter since it could affect the rest of your life. Hiring a criminal defense lawyer can be the difference between staying out of jail or spending multiple years behind bars.

Possession of a Controlled Substance in Illinois

In Illinois, a person commits the offense of possession of a controlled substance if they knowingly possess a controlled, counterfeit, or controlled substance analog. Usually, possession of a controlled substance is a felony offense in Illinois and ranges from a Class 4 Felony to a Class X Felony.

The class of Felony and potential punishment depends mostly on the type of drug you are in possession of and the amount of drugs that you are charged with possessing. Illinois divides controlled substances into 5 different categories.

Schedule I

Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and the drug has a high potential for abuse. Common examples of Schedule I drugs are:

  • Heroin,
  •  lysergic acid diethylamide (LSD),
  •  marijuana (cannabis),
  •  3,4-methylenedioxymethamphetamine (ecstasy),
  •  methaqualone, and peyote

Schedule II

Schedule II drugs are classified as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. Some examples of Schedule II drugs are:

  • Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin),
  •  Cocaine,
  •  Methamphetamine,
  •  Methadone,
  •  hydromorphone (Dilaudid),
  •  meperidine (Demerol),
  •  oxycodone (OxyContin),
  •  fentanyl,
  • Dexedrine,
  • Adderall,
  • Ritalin

Schedule III

Schedule III drugs are` defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and II drugs but more than Schedule IV. Some examples of Schedule III drugs are:

  • Products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine),
  • Ketamine,
  •  anabolic steroids,
  •  testosterone
If you're facing a class x felony drug charge contact our criminal defense lawyers.

Schedule IV

Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Some examples of Schedule IV drugs are:

  • Xanax,
  • Soma,
  • Darvon,
  • Darvocet,
  • Valium,
  • Ativan,
  • Talwin,
  • Ambien,
  • Tramadol

Schedule V

Schedule V drugs are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Some examples of Schedule V drugs are:

  • cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC)
  •  Lomotil
  •  Motofen
  •  Lyrica
  •  Parepectolin

When is Possession a Class X Felony Drug Charge in Illinois?

In Illinois, if you have been charged with possession of a controlled substance, you can be charged with a range of penalties. Generally, to be charged with a Class X felony, you will need to be in possession of a large amount of a dangerous narcotic.

That is because a class X felony is the highest class felony in Illinois and is punishable by 6 to 30 years in prison. If you are charged with a Class X Possession of a controlled substance or PCS in Chicago, your minimum and maximum prison time may also be extendable for up to 50 years in prison.

Below is a list of the potential range of penalties for a Class X felony based upon the type and weight of the drug.

What Are The Penalties for a Class X Felony Charge?

Most Class X felony Drug charges are not for mere possession. Commonly, a Class X felony Drug charge is for the manufacturing and/or delivery of a drug. Below is a list of Class X felony possession of drug charges.

  • 6 to 30 years imprisonment for those possessing between 100 and 399 grams of Methamphetamine
  • 8 to 40 years imprisonment for those possessing between 400 and 899 grams of Methamphetamine
  • 10 to 50 years imprisonment for those possessing more than 900 grams of Methamphetamine.

Additionally, those convicted of a Class X felony drug charge may be fined an amount equivalent to the street value of the drug in question.

When is Manufacturing or Delivery of a Controlled Substance a Class X Felony In Illinois?

The charges of manufacturing or delivery of a controlled substance carry a wide spectrum of possible penalties. You can be charged with a minimum of a class 3 felony or all the way up to a class x felony based upon the weight of the drugs you were accused of being in possession with.

If you are charged with a Class X manufacturing or delivery of a controlled substance in Illinois, your maximum prison time can be extended for up to 60 years in prison. Check out the list below to better understand the range of penalties based upon the type of drugs.

Possession with intent to deliver cannabis

  • 5,000 grams = 6 to 30 years in prison

Possession with intent to deliver cocaine / heroin / methamphetamine / LSD / Ecstacy / morphine

  • 15-99 grams = 6 to 30 years in prison
  • 100-399 grams = 9-40 years in prison
  • 400-899 grams = 12-50 years in prison
  • 900+ grams = 15-60 years in prison

Additionally, those convicted of a Class X felony drug charge may be fined an amount equivalent to the street value of the drug in question.

What to do if You Have Been Charged With a Class X Felony Drug Charge?

If you or a loved one has been charged with a Class X felony drug charge in Cook county, you will need an attorney who knows criminal law and how to fight the charges!

At Ktenas Law, we routinely handle Felony drug charges. We take a look at every part of the case to evaluate the best way to beat the case, whether that be a motion to dismiss or to beat the case at trial.

If you are looking for the best criminal defense lawyer for your felony drug charge, call the offices of Ktenas Law to get a free consultation on the best way to beat your drug case and stay out of prison!

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