Is It Illegal to Deliver or Possess with Intent to Deliver Methamphetamine in Illinois?

Yes. The law for Delivery of Methamphetamine in Illinois is found at 720 ILCS 646/55(a)(1). It states, In Illinois, “it is unlawful knowingly to engage in the delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine.”

Is it a Misdemeanor or a Felony to Deliver or Possess with Intent to Deliver Methamphetamine in Illinois?

Generally, delivery or possession with intent to deliver a small amount of a methamphetamine is a class 2 felony. 720 ILCS 646/55(a)(2)(A). A felony is a crime that is punishable by more than 1 year of imprisonment. As the weight of the amount delivered or possessed with intent to deliver goes up, so does the class of the offense.

Do I Need a Lawyer if I am Charged with Delivery of or Possession with Intent to Deliver Methamphetamine?

Yes, because you should be represented by an attorney on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. 

What if I Just Gave the Meth Away, and I Did Not Sell the Methamphetamine?

“A delivery may occur with or without the transfer or exchange of money, or with or without the transfer or exchange of other consideration.” Ill. Pattern Jury Instruction 17.05A and 720 ILCS 570/102(h).

What if I Did Not Actually Deliver the Drugs, But Just Left Them in a Location and Someone Picked Them Up from That Location?

“The word ‘deliver’ includes a constructive transfer of possession which occurs without an actual physical transfer. When the conduct or declarations of the person who has the right to exercise control over a thing is such as to effectively relinquish the right of control to another person, so that the other person is then in constructive possession, there has been a delivery.” Ill. Pattern Jury Instruction 17.05A and 720 ILCS 570/102(h).

Here is an example of a “constructive transfer of possession:” You left the drugs in your car, and you instructed someone that they can pick the drugs up from your car and leave the money. That person comes, takes the drugs, and leaves the money in your car. That would be a delivery of drugs.

Could I be charged with delivery of methamphetamine if someone else delivered the drugs and I was not even there?

Yes! You could be charged with Delivery of Methamphetamine if you are legally responsible for the actions of the other person who actually did the delivery. “A person is legally responsible for the conduct of another person when, either before or during the commission of an offense, and with the intent to promote or facilitate the commission of an offense, he knowingly solicits, aids, abets, agrees to aid, or attempts to aid the other person in the planning or commission of an offense.” 720 ILCS 5/5-2(c).

Here’s an example: I call you for $100 worth of Methamphetamine, and you tell me to go to the train station because your cousin will bring me the drugs. Your cousin arrives at the train station, and he brings me exactly $100 worth of Meth. I complete the deal with your cousin. Since I coordinated the deal with you, and you directed your cousin to do the deal with me, you could be held responsible for the drug deal your cousin did.

Can I go to Prison for Delivery of Methamphetamine? What is the Sentencing Range for Delivery of Methamphetamine?

Yes, you could be sentenced to the Department of Corrections for Delivery of Methamphetamine. The weight of the Methamphetamine you delivered or possessed with intent to deliver determines your sentencing range. The below chart shows the possible sentences given the weight of the substance containing methamphetamine:

Drug Type	Weight	Class of Offense	Sentencing Range	Statute
Methamphetamine	Less than 5 gram	Class 2 Felony	3-7 years IDOC	720 ILCS 646/55(a)(2)(A)
	5 to 15 grams	Class 1 Felony	4-15 years IDOC	720 ILCS 646/55(a)(2)(B)
	15 to 100 grams	Class X Felony	6-30 years IDOC	720 ILCS 646/55(a)(2)(C)
	100 to 400 grams	Super Class X	9-40 years IDOC	720 ILCS 646/55(a)(2)(D)
	400 to 900 grams	Super Class X	12-50 years IDOC	720 ILCS 646/55(a)(2)(E)
	900+ grams	Super Class X	15-60 years IDOC	720 ILCS 646/55(a)(2)(F)

Can I Get Probation For Delivery of or Possession with Intent to Deliver Methamphetamine?

In many cases, yes! Since delivery of methamphetamine can be a class 1 or 2 felony in some cases, if you are charged with this offense, you are eligible for a sentence of probation of up to 48 months (730 ILCS 5/5-4.5-30(d)). Not only are you eligible for probation, but Illinois law recommends it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).

Can I Get Court Supervision on A Delivery of Possession with Intent to Deliver Methamphetamine Case?

No. Court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c).

When is Delivery of Methamphetamine non-probationable? When is Prison Mandatory for Delivery of Methamphetamine?

A prison sentence could be mandatory for Delivery of Methamphetamine. You are not eligible for probation if you are charged with:

• a Class X felony 730 ILCS 5/5-4.5-25(d).
• a Class 1 felony, and you committed that offense while on felony probation 730 ILCS 5/5-4.5-30(d).
• Drug trafficking (bringing the drugs from out-of-state) 720 ILCS 646/46(b).

What is the Extended Sentencing Range for Delivery of Methamphetamine? When does Extended Sentencing Apply on Delivery of Methamphetamine?

Under Illinois’ extended sentencing guidelines, if you have been convicted in the last 10 years of a felony, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled. 730 ILCS 5/5-4.5-35(a). That means that the sentencing range for a class 2 felony would be 3-14 years in the Illinois Department of Corrections. Thus, the extended sentencing range for a class 1 felony is 15-30 years IDOC; and for a Class X felony is 30-60 years IDOC.

How Much of Your Prison Sentence Do You Serve for Delivery of Methamphetamine?

Generally, Delivery of Methamphetamine is a 50% sentence. Illinois’ Truth-in-Sentencing law states: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). So, if you received an imprisonment term of 4 years in the Illinois Department of Corrections, then the most you would actually serve is 2 years assuming you do not receive any other credits.

However, Delivery of Methamphetamine can be a 75% sentence when the amount delivered or possessed with intent to deliver was 100 or more grams. 730 ILCS 5/3-6-3(a)(2)(v). So, if you receive a sentence of 10 years in the Illinois Department of corrections for selling 200 grams of methamphetamine, then the most you would actually serve is 7.5 years assuming you do not receive any other credits.

What Are The Most Common Drugs that People Sell in Illinois?

Here is a list of the most common controlled substances that people sell in Illinois:

• Alprazolam (Xanax)
• Cannabis (Weed)
• Cocaine
• Fentanyl
• Heroin
• Hydrocodone
• Lysergic acid diethylamide (LSD)
• Methadone
• Methamphetamine (Crystal Meth)
• Methylenedioxymethamphetamine (MDMA – Ecstasy)
• Oxycodone
• Phencyclidine (PCP)
• Psilocyn/Psilocybin (Mushrooms)
• Suboxone (buprenorphine)

What to do if you or your friend is overdosing? Will the police arrest me or my friend for delivery of Methamphetamine?

Recently, Illinois enacted a law that gave people immunity from prosecution if you are seeking help for a drug overdose. 720 ILCS 570/414. That protection applies to both the person who is experiencing the overdose and the friend who is trying to save that person’s life. The goal of this law was to save lives by removing the one fear that makes most people not call the police (the fear of being arrested and charged with a crime). There are many conditions to this law so we will go over many of the things you should know.

What Crimes Does Illinois Drug Overdose Immunity cover?

If you call the police to save the life of someone who is overdosing, both you and that person who is overdosing are immune from the following offenses:

• Possession of a Controlled Substance (720 ILCS 570/402)
• Possession of Drug Paraphernalia (720 ILCS 600/3.5)
• Delivery of a Controlled Substance (720 ILCS 570/401)
• Aggravated Battery Caused by Delivery of a Controlled Substance (720 ILCS 5/12-3.05(g)(1))
• Possession with Intent to Deliver a Controlled Substance (720 ILCS 570/401)
• Manufacturing a Controlled Substance (720 ILCS 570/401)
• Possession of Methamphetamine (720 ILCS 646/60(a))
• Possession with Intent to Deliver Methamphetamine (720 ILCS 646/55(a))
• Delivery of Methamphetamine (720 ILCS 646/55(a))
• Drug Induced Homicide (720 ILCS 5/9-3.3)

What Crimes Are Not Covered By Illinois Drug Overdose Immunity?

If you call the police to seek help for someone who is actively overdosing, the Drug Overdose Immunity only applies to drug offenses. That means that the police can still prosecute you for non-drug related offenses. Those crimes include, but are not limited to:

• Gun Crimes (like Aggravated Unlawful Use of a Weapon or Unlawful Possession of a Weapon by a Felon)
• Theft Crimes (like Possession of Stolen Property or Possession of a Stolen Motor Vehicle)
• Property Crimes (like Criminal Damage to Property or Burglary)
• Identity Crimes (like Possession of a Fake I.D. or Obstructing Identification)
• Crimes Involving Police (like Resisting a Peace Officer or Eluding a Peace Officer)
• Violent Crimes (like Robbery or Vehicular Hijacking)

Does Illinois Drug Overdose Immunity have a drug weight limit?

Yes. The chart below has the type of substance and the maximum limit you can possess. That means that if you have an amount over that limit, then the immunity from prosecution does not apply:

Type of Drug	Drug Overdose Immunity Limits
Heroin	Less than 3 grams
Cocaine	Less than 3 grams
Morphine	Less than 3 grams
Peyote	Less than 40 grams
Barbituric Acid	Less than 40 grams
Amphetamines	Less than 40 grams
Lysergic Acid Diethylamide (LSD)	Less than 3 grams
Pentazocine	Less than 6 grams
Methaqualone	Less than 6 grams
Phencyclidine (PCP)	Less than 6 grams
Ketamine	Less than 6 grams
Narcotic Drug in Schedules I or II	Less than 40 grams

Why was I arrested if the Drug Overdose Immunity Applies?

There are three big reasons for this: 1) you are being prosecuted for a crime that is not covered by the Drug Overdose immunity; 2) the police officer and/or state’s attorney did not know about this immunity; or 3) evidence of the crime you committed was not acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose.

In the made-up scenario where you and a friend rob someone of their car using a firearm, get in a high-speed chase with the police and get away, go into an abandoned building to shoot up, and your friend has an overdose; the immunity to prosecution will only cover the small amount of drugs that you and your friend have left and any pipes/spoons/needles/baggies you used to take the drug. You can still be prosecuted for all that other bad stuff (i.e. armed robbery, possession of a stolen motor vehicle, aggravated fleeing and eluding, and criminal trespass.

Sometimes, however, police get it wrong. Police officers receive some legal training in the academy, but they are not lawyers. It is very possible that the officer did not know about this law, as it was passed very recently. An experienced Criminal Defense Lawyer can file a motion to dismiss if the drug overdose immunity applies in your case.

How to Keep a Delivery of or Possession with Intent to Deliver Methamphetamine Case Off Your Record?

There are several ways to keep a felony conviction for delivery of methamphetamine off your criminal record. Here are some of the ways:

How to Win a Methamphetamine Delivery or Possession with Intent to Deliver Case at Trial?

At trial, the State must show that you knowingly possessed with intent to deliver or delivered the methamphetamine. Challenging whether the State can prove that the drug they have were drugs you intended to sell, or drugs that you actually delivered, is one way to beat a drug delivery charge.

How to Win the Methamphetamine Delivery Possession with Intent to Deliver Case at Motion?

If there was some issue with the recovery of evidence in your case, then a motion to suppress might be the solution. A criminal defense attorney can challenge the lawfulness of police conduct. If the Court finds that police failed to follow proper procedure, the Court can prevent the State from using what was recovered from the improper procedure. This could result in a dismissal of your case.

How to Keep a Methamphetamine Delivery Conviction off Your Record with Drug Court (730 ILCS 166/20)?

Drug Court is one of the most intensive programs available to help treat people who suffer from drug addiction. Any given week, a participant in drug court could have 7 different obligations (2 random drug test, court, probation meetings, NA/AA meetings, and medication-assisted treatments). Drug Court is definitely for the high risk/high need population, because it has one goal in mind: Until you conquer your addiction, nothing else matters. Everything (i.e. work, family, friends) takes a back seat to the program, or you’ll find yourself sitting in jail due to non-compliance. Despite how tough it is, it also has one of the best rewards available. Successful completion means that your case may be dismissed. That’s right, no criminal conviction at the end of the program is possible.

How to Keep a Methamphetamine Delivery Conviction off Your Record with Probation Under the Substance Use Disorder Act (Previously TASC Probation – 20 ILCS 301/40-10)?

Under the Substance Use Disorder Act (previously known as T.A.S.C.), a person can be sentenced to treatment as a condition of probation. Unlike First-time Drug Offender Probation and Second Chance Probation, a felony conviction does enter against people who receive this resolution. The good news, however, is that “upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her.” 20 ILCS 301/40-10(e).

How to Keep a Methamphetamine Delivery Conviction off Your Record with Diversion or Deferred Prosecution Programs?

Many counties have diversion or deferred prosecution programs which are alternatives to the criminal justice system. Essentially, you and the prosecutor enter into an agreement that if you comply with the terms of the program (which usually include treatment, classes, and/or community service) the case that brought you to court would be dismissed. If the prosecutor is offering a diversion program, accepting and complying with the program is almost always the best possible result.

How to Keep a Conviction off Your Record with a Plea Agreement (Reduction on the Charge)?

Although rare, prosecutors sometimes clear backlogs and move cases by giving defendants “a bargain.” For example, a reduction of this offense to First-Time Drug Offender Probation or Second-Chance Probation on a possession of methamphetamine is a very good disposition.

Other Drug Related Guides

If you are looking for information about:

• Delivery of a Controlled Substance or Possession with Intent to Deliver a Controlled Substance, then check out our guide to Delivery of a Controlled Substance cases in Illinois.
• Drug Induced Homicide, then check out our guide to Drug Induced Homicide cases in Illinois.
• Possession of a Controlled Substance, then check out our guide to Possession of a Controlled Substance cases in Illinois.
• Possession of Cannabis, then check out our guide to Possession of Cannabis cases in Illinois.
• Possession of Methamphetamine, then check out our guide to Possession of Methamphetamine cases in Illinois.

Hire Illinois Drug Crime Defense Lawyer Clyde Guilamo

Lastly, I hope this guide of free legal education was helpful. #notlegaladvice. If you found this article helpful, then consider giving us a review on Google! And if you have specific questions about your case, give me a call.