ILCS » Chapter 720 · Act 570
Illinois Compiled Statutes

720 ILCS 570/405 (2026)

(a) Any person who engages in a calculated criminal drug conspiracy, as defined in subsection (b), is guilty of a Class X felony

✓ current as of May 2026
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(720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
    Sec. 405. (a) Any person who engages in a calculated criminal drug conspiracy, as defined in subsection (b), is guilty of a Class X felony. The fine for violation of this Section shall not be more than $500,000, and the offender shall be subject to the forfeitures prescribed in subsection (c).
    (b) For purposes of this section, a person engages in a calculated criminal drug conspiracy when:
        (1) he or she violates any of the provisions of
    
subsection (a) or (c) of Section 401 or subsection (a) of Section 402; and
        (2) such violation is a part of a conspiracy
    
undertaken or carried on with two or more other persons; and
        (3) he or she obtains anything of value greater than
    
$500 from, or organizes, directs or finances such violation or conspiracy.
    (c) Any person who is convicted under this section of engaging in a calculated criminal drug conspiracy shall forfeit to the State of Illinois:
        (1) the receipts obtained by him or her in such
    
conspiracy; and
        (2) any of his or her interests in, claims against,
    
receipts from, or property or rights of any kind affording a source of influence over, such conspiracy.
    (d) The circuit court may enter such injunctions, restraining orders, directions or prohibitions, or to take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property, claim, receipt, right or other interest subject to forfeiture under this Section, as it deems proper.
(Source: P.A. 97-334, eff. 1-1-12.)

    
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1994–2024 · leading case: People v. Hensley, 819 N.E.2d 1274 (Ill. App. Ct. 2004).
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People v. Hensley, 819 N.E.2d 1274 (Ill. App. Ct. 2004). · cites it 4× “5) (West 2000)) (count I), (2) delivery of a controlled substance (less than 5 grams of a substance containing methamphetamine) (720 ILCS 570/401(d)(iii) (West 2000)) (count II), and (3) calculated criminal drug conspiracy (delivery of 5 grams or more but less than 15 grams of a…”
People v. Hickman, 644 N.E.2d 1147 (Ill. 1994). · cites it 2× “Each of these defendants was charged with calculated criminal drug conspiracy (720 ILCS 570/ 405 (West 1992)), criminal drug conspiracy (720 ILCS 570/405.”
People v. Davis, 687 N.E.2d 24 (Ill. 1997). · cites it 2× “1 (West 1992)) with the offense of calculated criminal drug conspiracy (720 ILCS 570/405 (West 1992)). This court determined that each offense targeted a specific evil and neither offense was "less serious" than the other.”
People v. Vilces, 748 N.E.2d 1219 (Ill. App. Ct. 2001). “Vilces, pleaded guilty to one count of calculated criminal drug conspiracy (720 ILCS 570/405(b) (West 1998)) and one count of controlled substance trafficking (720 ILCS 570/ 401.”
People v. Hughes, 767 N.E.2d 958 (Ill. App. Ct. 2002). “BACKGROUND In April 1999, the State charged defendant with calculated criminal drug conspiracy (720 ILCS 570/405(b) (West 1998)), unlawful delivery of a controlled substance (720 ILCS 570/401(a)(2)(B) (West 1998) (text of section as amended by Pub.”
People v. Pendleton, 719 N.E.2d 320 (Ill. App. Ct. 1999). · cites it 6× “” 720 ILCS 570/405 (West 1994). In People v.”
People v. Ming, 738 N.E.2d 628 (Ill. App. Ct. 2000). · cites it 2× “On September 17, 1998, defendant was charged by information with six drug offenses, including one count of calculated criminal drug conspiracy (720 ILCS 570/405(a) (West 1998)) and five counts of unlawful delivery of a controlled substance (720 ILCS 570/ 401 (West 1998)).”
People v. Grimes, 884 N.E.2d 1185 (Ill. App. Ct. 2008). · cites it 2× “Similarly, the dissent recommends, sub silencio, that the majority ignore applicable sentencing statutes (720 ILCS 570/405(c)(1), 401(c)(1) (West 2004); 730 ILCS 5/5-8-1(a)(3) (West 2004)) and case precedent.”
People v. Hensley (Ill. App. Ct. 2004). · cites it 4× “5) (West 2000)) (count I), (2) delivery of a controlled substance (less than 5 grams of a substance containing methamphetamine) (720 ILCS 570/401(d)(iii) (West 2000)) (count II), and (3) calculated criminal drug conspiracy (delivery of 5 grams or more but less than 15 grams of a…”
People v. Ruiz, 2024 IL App (4th) 230693-U (Ill. App. Ct. 2024). “The superseding indictment alleged criminal drug conspiracy, but it referenced section 405(a) of the Illinois Controlled Substances Act 720 ILCS 570/405(a) (West 2022)—the statute for calculated criminal drug conspiracy that requires three or more individuals to partake in the…”
People v. Vilces Modification of Apr. 9, 2001, opinion (Ill. App. Ct. 2001). “In exchange for his plea, the State dismissed a charge of unlawful delivery of a controlled substance (720 ILCS 570/401(a)(2)(B) (West 1998)) and agreed to recommend concurrent 28-year terms of imprisonment.”
People v. Hughes (Ill. App. Ct. 2002). “BACKGROUND In April 1999, the State charged defendant with calculated criminal drug conspiracy (720 ILCS 570/405(b) (West 1998)), unlawful delivery of a controlled substance (720 ILCS 570/401(a)(2)(B) (West 1998) (text of section as amended by Pub.”
Show all 13 citing cases →
— 720 ILCS 570/405(a) — 5 cases
People v. Hensley, 819 N.E.2d 1274 (Ill. App. Ct. 2004). “5) (West 2000)) (count I), (2) delivery of a controlled substance (less than 5 grams of a substance containing methamphetamine) (720 ILCS 570/401(d)(iii) (West 2000)) (count II), and (3) calculated criminal drug conspiracy (delivery of 5 grams or more but less than 15 grams of a…”
People v. Ming, 738 N.E.2d 628 (Ill. App. Ct. 2000). “On September 17, 1998, defendant was charged by information with six drug offenses, including one count of calculated criminal drug conspiracy (720 ILCS 570/405(a) (West 1998)) and five counts of unlawful delivery of a controlled substance (720 ILCS 570/ 401 (West 1998)).”
People v. Pendleton, 719 N.E.2d 320 (Ill. App. Ct. 1999). “” 720 ILCS 570/405 (West 1994). In People v.”
People v. Hensley (Ill. App. Ct. 2004). “5) (West 2000)) (count I), (2) delivery of a controlled substance (less than 5 grams of a substance containing methamphetamine) (720 ILCS 570/401(d)(iii) (West 2000)) (count II), and (3) calculated criminal drug conspiracy (delivery of 5 grams or more but less than 15 grams of a…”
People v. Ruiz, 2024 IL App (4th) 230693-U (Ill. App. Ct. 2024). “The superseding indictment alleged criminal drug conspiracy, but it referenced section 405(a) of the Illinois Controlled Substances Act 720 ILCS 570/405(a) (West 2022)—the statute for calculated criminal drug conspiracy that requires three or more individuals to partake in the…”
— 720 ILCS 570/405(b) — 4 cases
People v. Vilces, 748 N.E.2d 1219 (Ill. App. Ct. 2001). “Vilces, pleaded guilty to one count of calculated criminal drug conspiracy (720 ILCS 570/405(b) (West 1998)) and one count of controlled substance trafficking (720 ILCS 570/ 401.”
People v. Hughes, 767 N.E.2d 958 (Ill. App. Ct. 2002). “BACKGROUND In April 1999, the State charged defendant with calculated criminal drug conspiracy (720 ILCS 570/405(b) (West 1998)), unlawful delivery of a controlled substance (720 ILCS 570/401(a)(2)(B) (West 1998) (text of section as amended by Pub.”
People v. Vilces Modification of Apr. 9, 2001, opinion (Ill. App. Ct. 2001). “In exchange for his plea, the State dismissed a charge of unlawful delivery of a controlled substance (720 ILCS 570/401(a)(2)(B) (West 1998)) and agreed to recommend concurrent 28-year terms of imprisonment.”
People v. Hughes (Ill. App. Ct. 2002). “BACKGROUND In April 1999, the State charged defendant with calculated criminal drug conspiracy (720 ILCS 570/405(b) (West 1998)), unlawful delivery of a controlled substance (720 ILCS 570/401(a)(2)(B) (West 1998) (text of section as amended by Pub.”
— 720 ILCS 570/405(b)(2) — 2 cases
People v. Hensley, 819 N.E.2d 1274 (Ill. App. Ct. 2004). “5) (West 2000)) (count I), (2) delivery of a controlled substance (less than 5 grams of a substance containing methamphetamine) (720 ILCS 570/401(d)(iii) (West 2000)) (count II), and (3) calculated criminal drug conspiracy (delivery of 5 grams or more but less than 15 grams of a…”
People v. Hensley (Ill. App. Ct. 2004). “5) (West 2000)) (count I), (2) delivery of a controlled substance (less than 5 grams of a substance containing methamphetamine) (720 ILCS 570/401(d)(iii) (West 2000)) (count II), and (3) calculated criminal drug conspiracy (delivery of 5 grams or more but less than 15 grams of a…”
— 720 ILCS 570/405(b)(3) — 1 case
People v. Pendleton, 719 N.E.2d 320 (Ill. App. Ct. 1999). “” 720 ILCS 570/405 (West 1994). In People v.”
— 720 ILCS 570/405(c)(1) — 1 case
People v. Grimes, 884 N.E.2d 1185 (Ill. App. Ct. 2008). “Similarly, the dissent recommends, sub silencio, that the majority ignore applicable sentencing statutes (720 ILCS 570/405(c)(1), 401(c)(1) (West 2004); 730 ILCS 5/5-8-1(a)(3) (West 2004)) and case precedent.”
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