Recognizing that methamphetamine poses a serious threat to public health and safety, Illinois established the Methamphetamine Control and Community Protection Act. Codified as 720 ILCS 646, this act makes it a felony crime to manufacture or deliver methamphetamine in Illinois.
Manufacture of Methamphetamine
Under 720 ILCS 646/15, it is unlawful to knowingly participate in the manufacture of methamphetamine. In this context, Illinois law defines participation broadly. If a person attempts to produce methamphetamine — even if they are unsuccessful — it is a crime under Illinois law.
The penalties for participating in methamphetamine manufacturing vary based on the amount of illegal drugs produced. For example, participation in methamphetamine manufacturing of:
- Less than 15 grams is a Class 1 felony with an imprisonment term of four to 15 years and criminal fines of $25,000;
- Between 15 and 100 grams is a Class X felony with an imprisonment term of six to 30 years and criminal fines of $100,000;
- Between 100 and 400 grams is a Class X felony with an imprisonment term of nine to 40 years and criminal fines of $200,000;
- Between 400 and 900 grams is a Class X felony with an imprisonment term of 12 to 50 years and criminal fines of $200,000; and
- More than 900 grams is a Class X felony with an imprisonment term of 15 to 60 years and criminal fines of $400,000.
Delivery of Methamphetamine
Under 720 ILCS 646/55, it is unlawful to deliver methamphetamine. This section also prohibits the possession of methamphetamine with the intent to deliver. As detailed in the Illinois Controlled Substances Act, delivery means the actual or attempted transfer of possession — with or without compensation.
The penalties for delivery of methamphetamine change based on the amount of illegal drugs in question. For example, methamphetamine delivery of:
- Less than 5 grams is a Class 2 felony with an imprisonment term of three to seven years and criminal fines of $25,000;
- Between 5 and 15 grams is a Class 1 felony with an imprisonment term of four to 15 years and criminal fines of $25,000;
- Between 15 and 100 grams is a Class X felony with an imprisonment term of six to 30 years and criminal fines of $100,000;
- Between 100 and 400 grams is a Class X felony with an imprisonment term of nine to 40 years and criminal fines of $200,000;
- Between 400 and 900 grams is a Class X felony with an imprisonment term of 12 to 50 years and criminal fines of $200,000; and
- More than 900 grams is a Class X felony with an imprisonment term of 15 to 60 years and criminal fines of $400,000.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.
(image courtesy of Hans Reniers)