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An amount between 400g-899g is punishable by 8-40 years in prison. An amount higher than 900g can lead to a punishment of 10-50 years in prison. The authorities interpret the law in a way where they divide possession into two categories; Actual and Constructive Possession.
Possession crimes involving any other controlled substance are also Class 4 felonies. Upon conviction for this Class 4 felony, the penalty usually centers on imprisonment for a period of one to three years and criminal fines up to $25,000.
Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver's license, and theft, depending on the amount that was stolen and the circumstances involved.
Illinois law prohibits the manufacturing, delivering, or possessing with the intent to manufacture or deliver a controlled substance. Because of the potential harm to others, drug trafficking is punished more severely than mere possession; the larger the amount of the drug involved, the greater the punishment.
Even though a Class 4 felony has lower penalties than other felony charges, it can still result in prison time, fines, and other penalties. Under Illinois law, a prison sentence for a Class 4 felony conviction must fall within 1 to 3 years. Class 4 felony convictions can also include fines of up to $25,000.
Sec. 402. Except as otherwise authorized by this Act, it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog. A violation of this Act with respect to each of the controlled substances listed herein constitutes a single and separate violation of this Act.
Possession of more than 100 and less than 400 grams of these substances carries a six- to 30-year prison sentence, and increasing amounts carry longer sentences beyond this. However, possession of any amount below 15 grams of certain controlled substances ? even a barely detectable amount ? is a Class 4 felony offense.
Jury demand. (a) A plaintiff desirous of a trial by jury must file a demand therefor with the clerk at the time the action is commenced. A defendant desirous of a trial by jury must file a demand therefor not later than the filing of his or her answer. Otherwise, the party waives a jury.