ILCS » Chapter 720 · Act 570
Illinois Compiled Statutes

720 ILCS 570/402 (2026)

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

✓ current as of May 2026
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(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
    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. For purposes of this Section, "controlled substance analog" or "analog" means a substance, other than a controlled substance, which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, and that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. Examples of chemical classes in which controlled substance analogs are found include, but are not limited to, the following: phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines. For purposes of this Act, a controlled substance analog shall be treated in the same manner as the controlled substance to which it is substantially similar.
    (a) Any person who violates this Section with respect to the following controlled or counterfeit substances and amounts, notwithstanding any of the provisions of subsections (c) and (d) to the contrary, is guilty of a Class 1 felony and shall, if sentenced to a term of imprisonment, be sentenced as provided in this subsection (a) and fined as provided in subsection (b):
        (1) (A) not less than 4 years and not more than 15
        
years with respect to 15 grams or more but less than 100 grams of a substance containing heroin;
            (B) not less than 6 years and not more than 30
        
years with respect to 100 grams or more but less than 400 grams of a substance containing heroin;
            (C) not less than 8 years and not more than 40
        
years with respect to 400 grams or more but less than 900 grams of any substance containing heroin;
            (D) not less than 10 years and not more than 50
        
years with respect to 900 grams or more of any substance containing heroin;
        (2) (A) not less than 4 years and not more than 15
        
years with respect to 15 grams or more but less than 100 grams of any substance containing cocaine;
            (B) not less than 6 years and not more than 30
        
years with respect to 100 grams or more but less than 400 grams of any substance containing cocaine;
            (C) not less than 8 years and not more than 40
        
years with respect to 400 grams or more but less than 900 grams of any substance containing cocaine;
            (D) not less than 10 years and not more than 50
        
years with respect to 900 grams or more of any substance containing cocaine;
        (3) (A) not less than 4 years and not more than 15
        
years with respect to 15 grams or more but less than 100 grams of any substance containing morphine;
            (B) not less than 6 years and not more than 30
        
years with respect to 100 grams or more but less than 400 grams of any substance containing morphine;
            (C) not less than 6 years and not more than 40
        
years with respect to 400 grams or more but less than 900 grams of any substance containing morphine;
            (D) not less than 10 years and not more than 50
        
years with respect to 900 grams or more of any substance containing morphine;
        (4) 200 grams or more of any substance containing
    
peyote;
        (5) 200 grams or more of any substance containing a
    
derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
        (6) 200 grams or more of any substance containing
    
amphetamine or any salt of an optical isomer of amphetamine;
        (6.5) (blank);
        (7) (A) not less than 4 years and not more than 15
        
years with respect to: (i) 15 grams or more but less than 100 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
            (B) not less than 6 years and not more than 30
        
years with respect to: (i) 100 grams or more but less than 400 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
            (C) not less than 8 years and not more than 40
        
years with respect to: (i) 400 grams or more but less than 900 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
            (D) not less than 10 years and not more than 50
        
years with respect to: (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof;
        (7.5) (A) not less than 4 years and not more than 15
        
years with respect to: (i) 15 grams or more but less than 100 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
            (B) not less than 6 years and not more than 30
        
years with respect to: (i) 100 grams or more but less than 400 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 200 or more pills, tablets, caplets, capsules, or objects but less than 600 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
            (C) not less than 8 years and not more than 40
        
years with respect to: (i) 400 grams or more but less than 900 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
            (D) not less than 10 years and not more than 50
        
years with respect to: (i) 900 grams or more of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 1,500 or more pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
        (8) 30 grams or more of any substance containing
    
pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
        (9) 30 grams or more of any substance containing
    
methaqualone or any of the salts, isomers and salts of isomers of methaqualone;
        (10) 30 grams or more of any substance containing
    
phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
        (10.5) 30 grams or more of any substance containing
    
ketamine or any of the salts, isomers and salts of isomers of ketamine;
        (11) 200 grams or more of any substance containing
    
any substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
    (b) Any person sentenced with respect to violations of paragraph (1), (2), (3), (7), or (7.5) of subsection (a) involving 100 grams or more of the controlled substance named therein, may in addition to the penalties provided therein, be fined an amount not to exceed $200,000 or the full street value of the controlled or counterfeit substances, whichever is greater. The term "street value" shall have the meaning ascribed in Section 110-5 of the Code of Criminal Procedure of 1963. Any person sentenced with respect to any other provision of subsection (a), may in addition to the penalties provided therein, be fined an amount not to exceed $200,000.
    (c) Any person who violates this Section with regard to an amount of a controlled substance other than methamphetamine or counterfeit substance not set forth in subsection (a) or (d) is guilty of a Class 4 felony. The fine for a violation punishable under this subsection (c) shall not be more than $25,000.
    (d) Any person who violates this Section with regard to any amount of anabolic steroid is guilty of a Class C misdemeanor for the first offense and a Class B misdemeanor for a subsequent offense committed within 2 years of a prior conviction.
(Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18.)

    
Notes of Decisions
Cited in 878 cases (188 in the last 5 years), 1993–2026 · leading case: People v. Savage, 838 N.E.2d 247 (Ill. App. Ct. 2005).
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People v. Savage, 838 N.E.2d 247 (Ill. App. Ct. 2005). · cites it 12× “Further, before the jury was instructed, the State moved to dismiss the charge against defendant based solely on simple possession (720 ILCS 570/402(a)(2)(D) (West 2002)) and the trial court granted the motion.”
Julio Najera-Rodriguez v. William P. Barr, 926 F.3d 343 (7th Cir. 2019). · cites it 6× “" Only § 402(a) and § 402(d), however, actually have "controlled substances listed herein." That sentence in the preamble therefore does not signal that in a prosecution under § 402(c), Illinois prosecutors must prove beyond a reasonable doubt the identity of a controlled…”
People v. Kimbrough, 644 N.E.2d 1137 (Ill. 1994). · cites it 10× “720 ILCS 570/402(a) (West 1992). Count III of the indictment charged defendant with the unlawful possession of 0.”
Fernandez v. Mukasey, 544 F.3d 862 (7th Cir. 2008). · cites it 8× “2d 508, 524 (1992) (describing elements of a violation of 720 ILCS 570/402), People v. Davis, 165 Ill.”
People v. Givens, 934 N.E.2d 470 (Ill. 2010). · cites it 2× “See 720 ILCS 570/402 (West 2004) (“it is unlawful for any person knowingly to possess a controlled *** substance”).”
People v. Woods, 828 N.E.2d 247 (Ill. 2005). · cites it 2× “720 ILCS 570/402 (West 2000). Based upon his prior criminal history, defendant was sentenced to an extended term of five years’ incarceration in the Illinois Department of Corrections.”
People v. Rodriguez, 926 N.E.2d 390 (Ill. App. Ct. 2009). · cites it 8× “For example, the Act provides that a "practitioner, in good faith, may dispense a Schedule II controlled substance," 720 ILCS 570/312(a) (West 2004).”
United States v. Reynold De La Torre, 940 F.3d 938 (7th Cir. 2019). · cites it 2× “Chapman has two convictions for felony unlawful posses‐ sion of controlled substances in violation of 720 ILCS 570/402(c) (1993). Subsection (c) is a broad residual provision that applies to the possession of “a controlled or counterfeit substance not set forth in subsection (a)…”
People v. Kipfer, 824 N.E.2d 1246 (Ill. App. Ct. 2005). · cites it 4× “Kipfer, appeals the circuit court of Du Page County's denial of his motion to quash arrest and suppress evidence and his subsequent conviction of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2002)). We conclude that the arresting police officer did…”
People v. Gherna, 784 N.E.2d 799 (Ill. 2003). · cites it 2× “CHIEF JUSTICE McMORROW delivered the opinion of the court: On August 26, 1999, officers approached a vehicle driven by defendant, Lynette Gherna, observed certain items in the vehicle, asked defendant to exit the vehicle in order to conduct a search, and later arrested and…”
People v. Absher, 950 N.E.2d 659 (Ill. 2011). · cites it 3× “Clair County convicted defendant, Samuel Absher, of unauthorized possession of a controlled substance (720 ILCS 570/402(c) (West 2002)). The appellate court reversed.”
People v. Manning, 948 N.E.2d 542 (Ill. 2011). · cites it 2× “Manning, was convicted of one count of possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(A) (West 2004)) and one count of possession of a controlled substance (720 ILCS 570/402(c) (West 2004)). He was sentenced to concurrent prison terms of 11…”
Show all 878 citing cases →
— 720 ILCS 570/402(A)(2)(A) — 1 case
People v. Johnson, 2023 IL App (4th) 220833-U (Ill. App. Ct. 2023).
— 720 ILCS 570/402(C) — 1 case
People v. Dawson, 2024 IL App (1st) 240434-U (Ill. App. Ct. 2024).
— 720 ILCS 570/402(a) — 39 cases
People v. Miller, 820 N.E.2d 1216 (Ill. App. Ct. 2004).
People v. Kimbrough, 644 N.E.2d 1137 (Ill. 1994). “720 ILCS 570/402(a) (West 1992). Count III of the indictment charged defendant with the unlawful possession of 0.”
Julio Najera-Rodriguez v. William P. Barr, 926 F.3d 343 (7th Cir. 2019). “" Only § 402(a) and § 402(d), however, actually have "controlled substances listed herein." That sentence in the preamble therefore does not signal that in a prosecution under § 402(c), Illinois prosecutors must prove beyond a reasonable doubt the identity of a controlled…”
People v. Green, 832 N.E.2d 465 (Ill. App. Ct. 2005).
People v. Peck, 2017 IL App (4th) 160410 (Ill. App. Ct. 2017).
— 720 ILCS 570/402(a)(1)(A) — 13 cases
People v. Lashley, 2016 IL App (1st) 133401 (Ill. App. Ct. 2016).
People v. McCray, 2016 IL App (3d) 140554 (Ill. App. Ct. 2016).
People v. Rivera, 688 N.E.2d 752 (Ill. App. Ct. 1997).
People v. Banta, 2021 IL App (4th) 180761 (Ill. App. Ct. 2021).
People v. Lance, 2021 IL App (1st) 181665 (Ill. App. Ct. 2021).
— 720 ILCS 570/402(a)(1)(B) — 4 cases
People v. House, 2022 IL App (2d) 210371-U (Ill. App. Ct. 2022).
People v. Randle, 2020 IL App (2d) 190702-U (Ill. App. Ct. 2020).
People v. Jones, 2020 IL App (1st) 173005-U (Ill. App. Ct. 2020).
People v. Dunae, 2025 IL App (4th) 250033-U (Ill. App. Ct. 2025).
— 720 ILCS 570/402(a)(11) — 9 cases
People v. Carlson, 708 N.E.2d 372 (Ill. 1999).
People v. Johnson, 2020 IL App (1st) 172987 (Ill. App. Ct. 2020).
People v. Litwhiler, 2014 IL App (3d) 120431 (Ill. App. Ct. 2014).
People v. Carlson, 679 N.E.2d 791 (Ill. App. Ct. 1997).
People v. Johnson, 2020 IL App (1st) 172987 (Ill. App. Ct. 2021).
— 720 ILCS 570/402(a)(2) — 4 cases
People v. P.S., 661 N.E.2d 329 (Ill. 1996).
People v. Towns, 646 N.E.2d 1366 (Ill. App. Ct. 1995).
People v. Voltaire, 941 N.E.2d 270 (Ill. App. Ct. 2010).
In Re Ps, 661 N.E.2d 329 (Ill. 1996).
— 720 ILCS 570/402(a)(2)(A) — 75 cases
People v. Marker, 908 N.E.2d 16 (Ill. 2009).
People v. Moss, 842 N.E.2d 699 (Ill. 2005).
People v. Musgrave, 2019 IL App (4th) 170106 (Ill. App. Ct. 2019).
People v. Garcia, 721 N.E.2d 574 (Ill. 1999).
People v. Scott, 854 N.E.2d 795 (Ill. App. Ct. 2006).
— 720 ILCS 570/402(a)(2)(B) — 23 cases
People v. Cole, 874 N.E.2d 81 (Ill. App. Ct. 2007).
People v. Beler, 763 N.E.2d 925 (Ill. App. Ct. 2002).
People v. Sparks, 734 N.E.2d 216 (Ill. App. Ct. 2000).
People v. Young, 822 N.E.2d 920 (Ill. App. Ct. 2005).
People v. Hughes, 767 N.E.2d 958 (Ill. App. Ct. 2002).
— 720 ILCS 570/402(a)(2)(C) — 7 cases
People v. Burmeister, 728 N.E.2d 1260 (Ill. App. Ct. 2000).
People v. Theus, 2016 IL App (4th) 160139 (Ill. App. Ct. 2016).
People v. Sparks, 2025 IL App (2d) 250090-U (Ill. App. Ct. 2025).
People v. Theus, 2016 IL App (4th) 160139 (Ill. App. Ct. 2016).
People v. Gonzalez, 2020 IL App (2d) 170256-U (Ill. App. Ct. 2020).
— 720 ILCS 570/402(a)(2)(D) — 26 cases
People v. Savage, 838 N.E.2d 247 (Ill. App. Ct. 2005). “Further, before the jury was instructed, the State moved to dismiss the charge against defendant based solely on simple possession (720 ILCS 570/402(a)(2)(D) (West 2002)) and the trial court granted the motion.”
People v. Salinas, 891 N.E.2d 884 (Ill. App. Ct. 2008).
People v. Roa, 879 N.E.2d 366 (Ill. App. Ct. 2007).
People v. Coleman, 909 N.E.2d 952 (Ill. App. Ct. 2009).
People v. Roa, 923 N.E.2d 401 (Ill. App. Ct. 2010).
— 720 ILCS 570/402(a)(2)(c) — 1 case
People v. Collins, 2020 IL App (1st) 173058-U (Ill. App. Ct. 2020).
— 720 ILCS 570/402(a)(7)(A)(i) — 1 case
People v. Kimbrough, 644 N.E.2d 1137 (Ill. 1994). “720 ILCS 570/402(a) (West 1992). Count III of the indictment charged defendant with the unlawful possession of 0.”
— 720 ILCS 570/402(a)(7)(A)(ii) — 1 case
People v. Kimbrough, 644 N.E.2d 1137 (Ill. 1994). “720 ILCS 570/402(a) (West 1992). Count III of the indictment charged defendant with the unlawful possession of 0.”
— 720 ILCS 570/402(a)(ll) — 1 case
People v. Damian, 873 N.E.2d 1 (Ill. App. Ct. 2007).
— 720 ILCS 570/402(b) — 4 cases
People v. Newberry, 652 N.E.2d 288 (Ill. 1995).
People v. Newberry, 638 N.E.2d 1196 (Ill. App. Ct. 1994).
People v. Assenato, 629 N.E.2d 166 (Ill. App. Ct. 1994).
People v. Hillsman, 667 N.E.2d 706 (Ill. App. Ct. 1996).
— 720 ILCS 570/402(c) — 619 cases
Julio Najera-Rodriguez v. William P. Barr, 926 F.3d 343 (7th Cir. 2019). “" Only § 402(a) and § 402(d), however, actually have "controlled substances listed herein." That sentence in the preamble therefore does not signal that in a prosecution under § 402(c), Illinois prosecutors must prove beyond a reasonable doubt the identity of a controlled…”
United States v. Reynold De La Torre, 940 F.3d 938 (7th Cir. 2019). “Chapman has two convictions for felony unlawful posses‐ sion of controlled substances in violation of 720 ILCS 570/402(c) (1993). Subsection (c) is a broad residual provision that applies to the possession of “a controlled or counterfeit substance not set forth in subsection (a)…”
People v. Kipfer, 824 N.E.2d 1246 (Ill. App. Ct. 2005). “Kipfer, appeals the circuit court of Du Page County's denial of his motion to quash arrest and suppress evidence and his subsequent conviction of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2002)). We conclude that the arresting police officer did…”
People v. Gherna, 784 N.E.2d 799 (Ill. 2003). “CHIEF JUSTICE McMORROW delivered the opinion of the court: On August 26, 1999, officers approached a vehicle driven by defendant, Lynette Gherna, observed certain items in the vehicle, asked defendant to exit the vehicle in order to conduct a search, and later arrested and…”
People v. Absher, 950 N.E.2d 659 (Ill. 2011). “Clair County convicted defendant, Samuel Absher, of unauthorized possession of a controlled substance (720 ILCS 570/402(c) (West 2002)). The appellate court reversed.”
— 720 ILCS 570/402(c)(2) — 2 cases
People v. Winston, 737 N.E.2d 304 (Ill. App. Ct. 2000).
People v. Winston (Ill. App. Ct. 2000).
— 720 ILCS 570/402(d) — 5 cases
People v. Lampitok, 798 N.E.2d 91 (Ill. 2003).
People v. Johnson, 2020 IL App (1st) 172987 (Ill. App. Ct. 2020).
People v. Johnson, 2020 IL App (1st) 172987 (Ill. App. Ct. 2021).
People v. Lampitok, 798 N.E.2d 91 (Ill. 2003).
People v. Myers, 2024 IL App (5th) 240141-U (Ill. App. Ct. 2024).
— 720 ILCS 570/402(e) — 3 cases
Vargas v. Beth, 378 F. Supp. 3d 716 (E.D. Wis. 2019).
People v. Ash, 805 N.E.2d 649 (Ill. App. Ct. 2004).
M.F. v. M.F., 734 N.E.2d 171 (Ill. App. Ct. 2000).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.