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Is meth possession always a felony offense in Illinois?

Here in Illinois, there are some drug offenses that are always felony offenses, regardless of the amount of drugs involved. Methamphetamine possession is one of these offenses. Under current Illinois law, there is no such thing as a misdemeanor methamphetamine possession charge.

Now, just because methamphetamine possession is a felony offense in the state whatever the amount of methamphetamine possessed was does not mean that, when a person is accused of methamphetamine possession here in Illinois, it is not important how much methamphetamine they are accused of having possessed. This is because, while methamphetamine possession is always a felony offense in the state, it varies in what felony offense level it is based on the amount of methamphetamine involved.

Specifically, under state law, methamphetamine possession is:

  • A Class 3 felony when the amount of methamphetamine/meth-containing-substance possessed is under five grams. 
  • A Class 2 felony when the amount of methamphetamine/meth-containing-substance possessed is at least five grams but under 15 grams.
  • A Class 1 felony when the amount of methamphetamine/meth-containing-substance possessed is at least 15 grams but under 100 grams.
  • A Class X felony when the amount of methamphetamine/meth-containing-substance possessed is at least 100 grams. The penalties a person can face for a Class X felony methamphetamine possession offense rise at the 400-gram mark and the 900-gram mark.

Thus, what exact felony charges and potential consequences a person accused of having been in possession of methamphetamine here in Illinois could face very much depends on what they are specifically being accused of.

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