ILCS » Chapter 720 · Act 570
Illinois Compiled Statutes

720 ILCS 570/408 (2026)

(a) Any person convicted of a second or subsequent offense under this Act may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized, fined an amount up to twice that otherwise authorized, or both

✓ current as of May 2026
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(720 ILCS 570/408) (from Ch. 56 1/2, par. 1408)
    Sec. 408. (a) Any person convicted of a second or subsequent offense under this Act may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
    (b) For purposes of this Section, an offense is considered a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this Act or under any law of the United States or of any State relating to controlled substances.
(Source: P.A. 97-334, eff. 1-1-12.)

    
Notes of Decisions
Cited in 25 cases (5 in the last 5 years), 2000–2023 · leading case: Fernandez v. Mukasey, 544 F.3d 862 (7th Cir. 2008).
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Fernandez v. Mukasey, 544 F.3d 862 (7th Cir. 2008). · cites it 8× “While Illinois law does provide for a sentencing enhancement for recidivist drug possession, 720 ILCS 570/408(a), none of the petitioners' sentences for their most recent possession offenses was enhanced under that provision.”
People v. Coleman, 909 N.E.2d 952 (Ill. App. Ct. 2009). · cites it 2× “See 720 ILCS 570/408(a) (West 2006) (“Any person convicted of a second or subsequent offense under this Act may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized, fined an amount up to twice that otherwise authorized, or both”).”
People v. Williams, 2016 IL 118375 (Ill. 2016). · cites it 3× “¶7 Defendant subsequently filed an amended motion to withdraw his guilty plea, alleging that the plea was not knowing, voluntary, or intelligent because he was improperly admonished that, pursuant to section 408(a) of the Act (720 ILCS 570/408(a) (West 2010)), he faced a maximum…”
People v. Williams, 2016 IL 118375 (Ill. 2016). · cites it 2× “” 720 ILCS 570/408(a) (West 2010). Defendant had a prior felony conviction under the Act, and his enhanced Class X maximum sentence of 30 years on the unlawful delivery charge was doubled to 60, the same maximum as an extended-term Class X sentence under section 5-4.”
United States v. Alonzo Perkins, 449 F.3d 794 (7th Cir. 2006). · cites it 2× “720 ILCS 570/408(a). The district judge concluded that the maximum term of 14 years brought two of Perkins’s drug convictions within § 924(e)(2)(A)(ii).”
People v. Petty, 853 N.E.2d 429 (Ill. App. Ct. 2006). “On June 14, 2000, the day of defendant’s trial, defendant entered a second negotiated guilty plea, under which the State agreed to (1) dismiss count II of the indictment and (2) forego recommending a discretionary doubling of defendant’s sentence, which would have made defendant…”
People v. Foreman, 2019 IL App (3d) 160334 (Ill. App. Ct. 2019). “5-30(a) (West 2012) (indicating that the sentence of imprisonment for a Class 1 felony, other than second degree murder, shall be a determinate sentence of not less than 4 years and not more than 15 years); 720 ILCS 570/408(a) (West 2012) (stating the any person convicted of a…”
Lewis Henry v. James Page, Warden, Stateville Corr. Ctr., 223 F.3d 477 (7th Cir. 2000). “See 720 ILCS 570/408(a). The court also imposed various fines.”
People v. Kelley, 2013 IL App (4th) 110874 (Ill. App. Ct. 2013). “At sentencing, the trial court found defendant was subject to section 408(a) of the Illinois Controlled Substances Act (720 ILCS 570/408(a) (West 2006)), which provides “[a]ny person convicted of a second or subsequent offense under this Act may be sentenced to imprisonment for…”
People v. Williams, 2014 IL App (3d) 120824 (Ill. App. Ct. 2014). · cites it 3× “16, 1971); 720 ILCS 570/408 (West 2010). It provides that “[a]ny person convicted of a second or subsequent offense under this Act may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized.”
People v. Williams, 2014 IL App (3d) 120824 (Ill. App. Ct. 2014). · cites it 3× “16, 1971); 720 ILCS 570/408 (West 2010). It provides that "[a]ny person convicted of a second or subsequent offense under 1 Clause (a)(1)(b) of section 5-8-1, which permits a court to sentence certain offenders convicted of first degree murder to life imprisonment, is a narrow…”
People v. Smith, 785 N.E.2d 76 (Ill. App. Ct. 2003). “1408(a),(b) (now 720 ILCS 570/408(a), (b) (West 2000)). Petitioner was eligible for the enhanced sentence due to his federal drug convictions.”
Show all 25 citing cases →
— 720 ILCS 570/408(a) — 22 cases
Fernandez v. Mukasey, 544 F.3d 862 (7th Cir. 2008). “While Illinois law does provide for a sentencing enhancement for recidivist drug possession, 720 ILCS 570/408(a), none of the petitioners' sentences for their most recent possession offenses was enhanced under that provision.”
People v. Coleman, 909 N.E.2d 952 (Ill. App. Ct. 2009). “See 720 ILCS 570/408(a) (West 2006) (“Any person convicted of a second or subsequent offense under this Act may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized, fined an amount up to twice that otherwise authorized, or both”).”
People v. Williams, 2016 IL 118375 (Ill. 2016). “¶7 Defendant subsequently filed an amended motion to withdraw his guilty plea, alleging that the plea was not knowing, voluntary, or intelligent because he was improperly admonished that, pursuant to section 408(a) of the Act (720 ILCS 570/408(a) (West 2010)), he faced a maximum…”
People v. Williams, 2016 IL 118375 (Ill. 2016). “” 720 ILCS 570/408(a) (West 2010). Defendant had a prior felony conviction under the Act, and his enhanced Class X maximum sentence of 30 years on the unlawful delivery charge was doubled to 60, the same maximum as an extended-term Class X sentence under section 5-4.”
United States v. Alonzo Perkins, 449 F.3d 794 (7th Cir. 2006). “720 ILCS 570/408(a). The district judge concluded that the maximum term of 14 years brought two of Perkins’s drug convictions within § 924(e)(2)(A)(ii).”
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