Chicago Methamphetamine Defense Attorney

Methamphetamine charges are relatively uncommon in Chicago and the surrounding suburbs. In Illinois, methamphetamine charges usually occur in two broad categories: possession under 720 ILCS 570/402 or manufacturing/delivering/possessing with intent to deliver under 720 ILCS 570/401. Both categories are felonies.

Possessing methamphetamine without evidence of selling it is known as "simple possession." You likely will be charged with simple possession of methamphetamine if you have a small amount, in one bag or container, and no scale is nearby.

On the other hand, you likely will be charged with manufacturing/delivering/possessing with intent to deliver methamphetamine if you have a large amount, have multiple bags or containers, or a scale is nearby. Obviously, if you deliver methamphetamine to an undercover officer or an informant, you will be charged with delivery.

Regardless of whether you are charged with simple possession or something more, the government has the burden of proving beyond a reasonable doubt that you knowingly possessed the drug. As with all drug charges, you cannot be convicted of possessing something you were unaware of. Additionally, even if you knowingly possessed the drug, the evidence may be suppressed if law enforcement disregarded the Constitution in order to arrest you.

Illinois Penalties for Possession of Methamphetamine

• Possession of 0-5 grams of methamphetamine is a Class 3 felony, punishable by 2-5 years in prison under 720 ILCS 646/60(b)(1)
• Possession of 5-15 grams of methamphetamine is a Class 2 felony, punishable by 3-7 years in prison under 720 ILCS 646/60(b)(2)
• Possession of 15-100 grams of methamphetamine is a Class 1 felony, punishable by 4-15 years in prison under 720 ILCS 646/60(b)(3)
• Possession of 100-400 grams of methamphetamine is a Class X felony, punishable by 6-30 years prison under 720 ILCS 646/60(b)(4)
• Possession of 400-900 grams of methamphetamine is a Class X felony, punishable by 8-40 years in prison under 720 ILCS 646/60(b)(5)
• Possession of 900+ grams of methamphetamine is a Class X felony, punishable by 10-50 years in prison

Illinois Penalties for Delivering/Possessing
with Intent to Deliver Methamphetamine*

The penalties for delivering or possessing with intent to deliver methamphetamine vary depending on the amount but are more severe than simple possession:

• 0-5 grams is a Class 2 felony, punishable by 3-7 years in prison under 720 ILCS 646/55(a)(2)(A)
• 5-15 grams is a Class 1 felony, punishable by 4-15 years in prison under 720 ILCS 646/55(a)(2)(B)
• 15-100 grams is a Class X felony, punishable by 6-30 years in prison under 720 ILCS 646/55(a)(2)(C)
• 100-400 grams is a Class X felony, punishable by 9-40 years in prison under 720 ILCS 646/55(a)(2)(D)
• 400-900 grams is a Class X felony, punishable by 12-50 years in prison under 720 ILCS 646/55(a)(2)(E)
• 900+ grams is a Class X felony, punishable by 15-60 years in prison under 720 ILCS 646/55(a)(2)(F)

Alternatives to a Prison Sentence

Chicago Defense Attorney Thomas Hallock's primary goal is always to obtain a complete dismissal of your charges or a not guilty verdict at trial. If this is not an option, his fallback position is to obtain court supervision or expungeable probation. Both options give you the opportunity to avoid incarceration and dispose of the charges without a conviction. Depending on the circumstances, you may be able to remove the arrest from your criminal record.

* "Manufacturing" methamphetamine covers a wide range of conduct and is punished separately under 720 ILCS 646/15.

Contact Thomas C. Hallock if you need a skilled and committed methamphetamine defense attorney in Chicago.
Call Hallock Law at (888) 412-3741 to begin.