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Illinois Compiled Statutes

720 ILCS 570/100 (2026)

Legislative intent

✓ current as of May 2026
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(720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
    Sec. 100. Legislative intent. It is the intent of the General Assembly, recognizing the rising incidence in the misuse of drugs and other dangerous substances and its resultant damage to the peace, health, and welfare of the citizens of Illinois, to provide a system of control over the distribution and use of controlled substances which will more effectively: (1) limit access of such substances only to those persons who have demonstrated an appropriate sense of responsibility and have a lawful and legitimate reason to possess them; (2) deter the unlawful and destructive misuse of controlled substances; (3) penalize most heavily the illicit traffickers or profiteers of controlled substances, who propagate and perpetuate the misuse of such substances with reckless disregard for its consumptive consequences upon every element of society; (4) acknowledge the functional and consequential differences between the various types of controlled substances and provide for correspondingly different degrees of control over each of the various types; (5) unify where feasible and codify the efforts of this State to conform with the regulatory systems of the Federal government; and (6) provide law enforcement authorities with the necessary resources to make this system efficacious.
    It is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled substances with the same severity as the large-scale, unlawful purveyors and traffickers of controlled substances. However, it is recognized that persons who violate this Act with respect to the manufacture, delivery, possession with intent to deliver, or possession of more than one type of controlled substance listed herein may accordingly receive multiple convictions and sentences under each Section of this Act. To this end, guidelines have been provided, along with a wide latitude in sentencing discretion, to enable the sentencing court to order penalties in each case which are appropriate for the purposes of this Act.
(Source: P.A. 103-881, eff. 1-1-25.)

    
Notes of Decisions
Cited in 154 cases (27 in the last 5 years), 1993–2026 · leading case: People v. McCarty, 858 N.E.2d 15 (Ill. 2006).
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People v. McCarty, 858 N.E.2d 15 (Ill. 2006). · cites it 24× “Defendants interpret this provision to indicate that the legislature did not intend to treat "minor players" in the drug trade as harshly as "kingpins," and they style themselves the former. In addition, defendants suggest that because the legislature has enacted other statutes…”
People v. Rodriguez, 926 N.E.2d 390 (Ill. App. Ct. 2009). · cites it 12× “" 625 ILCS 5/11-501(a)(6) (West 2004), citing 720 ILCS 570/100 et seq. (West 2004). On appeal, defendant challenges the sufficiency of the evidence.”
People v. $1,124,905 U.S. Currency, 685 N.E.2d 1370 (Ill. 1997). · cites it 6× “Section IV considers the effect of asserting the fifth amendment privilege in response to the statutory interrogatories contained in the Drug Asset Forfeiture Procedure Act.”
People v. Kimbrough, 644 N.E.2d 1137 (Ill. 1994). · cites it 4× “Chief Justice BILANDIC delivered the opinion of the court: The defendant, Michael Kimbrough, was charged in a three-count indictment with certain violations of the Illinois Controlled Substances Act (720 ILCS 570/100 et seq. (West 1992)) pertaining to LSD (LSD provisions).”
People v. Campbell, 802 N.E.2d 1205 (Ill. 2003). · cites it 2× “(West 1998)) or the Illinois Controlled Substances Act (720 ILCS 570/100 et seq. (West 1998)), to use lab reports in lieu of actual testimony as prima facie evidence unless the defendant filed a demand for the testimony of the witness who prepared the report within seven days of…”
People v. Robinson, 657 N.E.2d 1020 (Ill. 1995). · cites it 2× “720 ILCS 570/100 (West 1992). The appellate court concluded that the amount of drugs recovered in this case was insufficient to support an inference that the drugs could not have been intended for personal consumption.”
People Ex Rel. Devine v. $30,700.00 United States Currency, 766 N.E.2d 1084 (Ill. 2002). · cites it 2× “The Act is a remedial civil sanction enacted for the express purpose of deterring the rising incidence of the abuse and trafficking of substances prohibited by the Illinois Controlled Substance Act (720 ILCS 570/100 et seq. (West 2000)) and the Cannabis Control Act (720 ILCS…”
People v. Garcia, 2018 IL App (4th) 170339 (Ill. App. Ct. 2018). · cites it 2× “) 720 ILCS 570/100 (West 2012). ¶ 35 Section 411 of the Illinois Controlled Substances Act provides the following: "In determining the appropriate sentence for any conviction under this Act, the sentencing court may consider the following as indicative of the type of offenses…”
People v. Brooks, 2023 IL App (1st) 200435 (Ill. App. Ct. 2023). “minal statute, which states in pertinent part that “[a] person commits the offense of being an armed habitual criminal” if he “possesses *** any firearm after being convicted of a total of 2 or more times of any combination” of the enumerated qualifying offenses, including, as…”
People v. Cervantes, 723 N.E.2d 265 (Ill. 1999). · cites it 2× “(West 1992)) and the Illinois Controlled Substances Act (720 ILCS 570/100 et seq. (West 1992)) to specify a 24-month period of probation for first-time offenders, establish certain conditions for probation, and allow for the use, during the aggravation portion of a sentencing…”
People v. Chaney, 884 N.E.2d 783 (Ill. App. Ct. 2008). · cites it 2× “During a pretrial conference on defendant’s bond, the assistant State’s Attorney (ASA) argued that defendant was subject to mandatory Class X felony sentencing if convicted based on two prior Class 2 felony convictions from 2000 and 2001 for violations of the Illinois Controlled…”
People v. McClanahan, 729 N.E.2d 470 (Ill. 2000). · cites it 2× “(West 1998)) or the Illinois Controlled Substances Act (720 ILCS 570/100 et seq. (West 1998)), to use lab reports in lieu of actual testimony as prima facie evidence of the contents of the substance at issue unless the defendant files a demand for the testimony of the witness…”
Show all 154 citing cases →
— 720 ILCS 570/100(1) — 2 cases
People v. McCarty, 858 N.E.2d 15 (Ill. 2006). “Defendants interpret this provision to indicate that the legislature did not intend to treat "minor players" in the drug trade as harshly as "kingpins," and they style themselves the former. In addition, defendants suggest that because the legislature has enacted other statutes…”
People v. McCarty (Ill. 2006).
— 720 ILCS 570/100(2) — 2 cases
People v. McCarty, 858 N.E.2d 15 (Ill. 2006). “Defendants interpret this provision to indicate that the legislature did not intend to treat "minor players" in the drug trade as harshly as "kingpins," and they style themselves the former. In addition, defendants suggest that because the legislature has enacted other statutes…”
People v. McCarty (Ill. 2006).
— 720 ILCS 570/100(4) — 2 cases
People v. McCarty, 858 N.E.2d 15 (Ill. 2006). “Defendants interpret this provision to indicate that the legislature did not intend to treat "minor players" in the drug trade as harshly as "kingpins," and they style themselves the former. In addition, defendants suggest that because the legislature has enacted other statutes…”
People v. McCarty (Ill. 2006).
— 720 ILCS 570/100(5) — 2 cases
People v. McCarty, 858 N.E.2d 15 (Ill. 2006). “Defendants interpret this provision to indicate that the legislature did not intend to treat "minor players" in the drug trade as harshly as "kingpins," and they style themselves the former. In addition, defendants suggest that because the legislature has enacted other statutes…”
People v. McCarty (Ill. 2006).
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