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Illinois Compiled Statutes

720 ILCS 570/405.1 (2026)

(a) Elements of the offense

✓ current as of May 2026
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(720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
    Sec. 405.1. (a) Elements of the offense. A person commits criminal drug conspiracy when, with the intent that an offense set forth in Section 401, Section 402, or Section 407 of this Act be committed, he or she agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit such an offense unless an act in furtherance of such agreement is alleged and proved to have been committed by him or her or by a co-conspirator.
    (b) Co-conspirators. It shall not be a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired:
        (1) Has not been prosecuted or convicted, or
        (2) Has been convicted of a different offense, or
        (3) Is not amenable to justice, or
        (4) Has been acquitted, or
        (5) Lacked the capacity to commit an offense.
    (c) Sentence. A person convicted of criminal drug conspiracy may be fined or imprisoned or both, but any term of imprisonment imposed shall be not less than the minimum nor more than the maximum provided for the offense which is the object of the conspiracy.
(Source: P.A. 97-334, eff. 1-1-12.)

    
Notes of Decisions
Cited in 78 cases (7 in the last 5 years), 1994–2025 · leading case: People v. Stroud, 911 N.E.2d 1152 (Ill. App. Ct. 2009).
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People v. Stroud, 911 N.E.2d 1152 (Ill. App. Ct. 2009). · cites it 13× “720 ILCS 570/405.1 (West 1998). The trial court conducted a joint bench trial and, at its conclusion, granted Sean Stroud’s and Chandler’s motions for directed verdict.”
People v. Hickman, 644 N.E.2d 1147 (Ill. 1994). · cites it 4× “Each of these defendants was charged with calculated criminal drug conspiracy (720 ILCS 570/ 405 (West 1992)), criminal drug conspiracy (720 ILCS 570/405.1 (West 1992)), attempted possession of a controlled substance with intent to deliver (720 ILCS 5/8 — 4, 570/401 (West…”
People v. Coleman, 909 N.E.2d 952 (Ill. App. Ct. 2009). · cites it 4× “Coleman, guilty of three offenses: count VII, unlawful possession of a controlled substance with intent to deliver it (720 ILCS 570/401(a)(2)(D) (West 2006)); count VIII, unlawful delivery of a controlled substance (720 ILCS 570/ 401(a)(2)(D) (West 2006)); and count X, criminal…”
People v. Edwards, 788 N.E.2d 35 (Ill. App. Ct. 2002). · cites it 4× “” 720 ILCS 570/405.1 (West 2000). As in the cases cited above, count I in the instant case alleged that defendants committed the single offense of criminal drug conspiracy, thereby violating the single statute defined in section 405.”
People v. Garth, 817 N.E.2d 1085 (Ill. App. Ct. 2004). · cites it 4× “A person commits criminal drug conspiracy when: "[W]ith the intent that an offense set forth in Section 401, Section 402, or Section 407 of this Act be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit such an…”
People v. Davis, 687 N.E.2d 24 (Ill. 1997). · cites it 2× “2d 1147 (1994), this court compared the penalties for the offenses of criminal drug conspiracy (720 ILCS 570/405.1 (West 1992)) with the offense of calculated criminal drug conspiracy (720 ILCS 570/405 (West 1992)).”
People v. Lewis, 860 N.E.2d 299 (Ill. 2006). “OPINION Defendant Ronel Alexis Lewis was convicted of criminal drug conspiracy (720 ILCS 570/405.1 (West 2002)) and unlawful delivery of a controlled substance (720 ILCS 570/401(d) (West 2002)).”
People v. Fisher, 944 N.E.2d 485 (Ill. App. Ct. 2011). · cites it 2× “OPINION A jury found defendant, Tyrese Fisher, guilty of a criminal drug conspiracy (720 ILCS 570/405.1 (West 2008)), and the trial court sentenced him to imprisonment for 14 years.”
People v. Woodson, 2011 IL App (4th) 100223 (Ill. App. Ct. 2011). · cites it 2× “OPINION ¶1 In August 2008, the State charged defendant, Sylvester Quinton Woodson, with (1) unlawful possession of a controlled substance with intent to deliver (more than 15 grams but less than 100 grams of a substance containing cocaine) (720 ILCS 570/401(a)(2)(A) (West 2008))…”
People v. Williams, 910 N.E.2d 1272 (Ill. App. Ct. 2009). · cites it 2× “720 ILCS 570/405.1 (West 1998). In addition, Williams was also charged with official misconduct.”
People v. Couch, 899 N.E.2d 618 (Ill. App. Ct. 2008). · cites it 2× “JUSTICE STEIGMANN delivered the opinion of the court: In June 2007, a jury convicted defendant, Steven Couch, of (1) criminal drug conspiracy (count I) (720 ILCS 570/405.1 (West 2004)), (2) three counts of delivery of a controlled substance (15 grams or more but less than 100…”
People v. Shortridge, 2012 IL App (4th) 100663 (Ill. App. Ct. 2012). “BACKGROUND ¶3 In June 2007, a grand jury indicted defendant on four counts of criminal drug conspiracy, a Class X felony (720 ILCS 570/405.1 (West 2006)), for delivering cocaine to various individuals with Devon Thomas (the most serious count involved more than 900 grams); three…”
Show all 78 citing cases →
— 720 ILCS 570/405.1(a) — 29 cases
People v. Garth, 817 N.E.2d 1085 (Ill. App. Ct. 2004). “A person commits criminal drug conspiracy when: "[W]ith the intent that an offense set forth in Section 401, Section 402, or Section 407 of this Act be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit such an…”
People v. Coleman, 909 N.E.2d 952 (Ill. App. Ct. 2009). “Coleman, guilty of three offenses: count VII, unlawful possession of a controlled substance with intent to deliver it (720 ILCS 570/401(a)(2)(D) (West 2006)); count VIII, unlawful delivery of a controlled substance (720 ILCS 570/ 401(a)(2)(D) (West 2006)); and count X, criminal…”
People v. Woodson, 2011 IL App (4th) 100223 (Ill. App. Ct. 2011). “OPINION ¶1 In August 2008, the State charged defendant, Sylvester Quinton Woodson, with (1) unlawful possession of a controlled substance with intent to deliver (more than 15 grams but less than 100 grams of a substance containing cocaine) (720 ILCS 570/401(a)(2)(A) (West 2008))…”
People v. Young, 822 N.E.2d 920 (Ill. App. Ct. 2005).
People v. Castaneda, 701 N.E.2d 1190 (Ill. App. Ct. 1998).
— 720 ILCS 570/405.1(b) — 2 cases
People v. Edwards, 788 N.E.2d 35 (Ill. App. Ct. 2002). “” 720 ILCS 570/405.1 (West 2000). As in the cases cited above, count I in the instant case alleged that defendants committed the single offense of criminal drug conspiracy, thereby violating the single statute defined in section 405.”
People v. Edwards (Ill. App. Ct. 2002).
— 720 ILCS 570/405.1(c) — 7 cases
People v. Hickman, 644 N.E.2d 1147 (Ill. 1994). “Each of these defendants was charged with calculated criminal drug conspiracy (720 ILCS 570/ 405 (West 1992)), criminal drug conspiracy (720 ILCS 570/405.1 (West 1992)), attempted possession of a controlled substance with intent to deliver (720 ILCS 5/8 — 4, 570/401 (West…”
People v. Effler, 811 N.E.2d 291 (Ill. App. Ct. 2004).
People v. Gonzales, 734 N.E.2d 77 (Ill. App. Ct. 2000).
People v. Grimes, 884 N.E.2d 1185 (Ill. App. Ct. 2008).
People v. Effler (Ill. App. Ct. 2004).
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