ILCS » Chapter 720 · Act 570
Illinois Compiled Statutes

720 ILCS 570/411 (2026)

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 which the legislature deems most damaging to the peace and welfare of the citizens of Illinois and which warrants the most severe penalties:         (1) the unlawful delivery of the most highly toxic     controlled substances, as reflected by their inclusion in Schedule I or II of this Act;         (2) offenses involving unusually large quantities of     controlled substances, as measured by their wholesale value at the time of the offense;         (3) the unlawful delivery of controlled substances by     a non-user to a user of controlled substances;         (4) non-possessory offenses by persons who have no     other visible means of support;         (5) offenses involving the large-scale manufacture of     controlled substances;         (6) offenses which indicate any immediate involvement     whatsoever with organized crime in terms of the controlled substance's manufacture, importation, or volume distribution;         (7) the manufacture for, or the delivery of     controlled substances to persons 3 years or more junior to the person(s) convicted under this Act;         (8) the unlawful delivery of anabolic steroids by an     athletic trainer, coach, or health club personnel;         (9) the possession, delivery, or manufacture of     controlled substances or cannabis in the presence of a child under 17 years of age

✓ current as of May 2026
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(720 ILCS 570/411) (from Ch. 56 1/2, par. 1411)
    Sec. 411. 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 which the legislature deems most damaging to the peace and welfare of the citizens of Illinois and which warrants the most severe penalties:
        (1) the unlawful delivery of the most highly toxic
    
controlled substances, as reflected by their inclusion in Schedule I or II of this Act;
        (2) offenses involving unusually large quantities of
    
controlled substances, as measured by their wholesale value at the time of the offense;
        (3) the unlawful delivery of controlled substances by
    
a non-user to a user of controlled substances;
        (4) non-possessory offenses by persons who have no
    
other visible means of support;
        (5) offenses involving the large-scale manufacture of
    
controlled substances;
        (6) offenses which indicate any immediate involvement
    
whatsoever with organized crime in terms of the controlled substance's manufacture, importation, or volume distribution;
        (7) the manufacture for, or the delivery of
    
controlled substances to persons 3 years or more junior to the person(s) convicted under this Act;
        (8) the unlawful delivery of anabolic steroids by an
    
athletic trainer, coach, or health club personnel;
        (9) the possession, delivery, or manufacture of
    
controlled substances or cannabis in the presence of a child under 17 years of age.
    Nothing in this section shall be construed as limiting in any way the discretion of the court to impose any sentence authorized by this Act.
(Source: P.A. 94-172, eff. 1-1-06.)

    
Notes of Decisions
Cited in 20 cases (5 in the last 5 years), 1993–2023 · leading case: People v. Garcia, 2018 IL App (4th) 170339 (Ill. App. Ct. 2018).
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People v. Garcia, 2018 IL App (4th) 170339 (Ill. App. Ct. 2018). · cites it 2× “720 ILCS 570/411 (West 2012). ¶ 42 Second, even though the trial court considered the amount of the drugs involved as an aggravating factor, the court framed this factor within the context of *577 determining the seriousness of the offense, the need to protect the community, the…”
People v. Canizalez-Cardena, 2012 IL App (4th) 110720 (Ill. App. Ct. 2012). “]” 720 ILCS 570/411(2) (West 2010). ¶ 23 The trial court properly considered defendant’s current and prior illegal entries into this country, which were reflected in the presentence report and the trial record.”
People v. Scott, 2015 IL App (4th) 130222 (Ill. App. Ct. 2015). “In addition, the State encouraged the court to consider the following factors under section 411 of the Illinois Controlled Substances Act: (1) defendant's offenses involved the delivery of cocaine, a Schedule I substance (720 ILCS 570/411(1) (West 2012)); and (2) defendant was a…”
People v. Garcia, 2018 IL App (4th) 170339 (Ill. App. Ct. 2018). “720 ILCS 570/411 (West 2012). ¶ 42 Second, even though the trial court considered the amount of the drugs involved as an aggravating factor, the court framed this factor within the context of determining the seriousness of the offense, the need to protect the community, the need…”
People v. Young, 619 N.E.2d 851 (Ill. App. Ct. 1993). “1411(2) (now 720 ILCS 570/411(2) (West 1992))). Defendant points out that the provision on which the State relied is part of the Controlled Substances Act and does not apply to offenses under the Cannabis Control Act.”
People v. Davis, 2019 IL App (1st) 160408 (Ill. App. Ct. 2020). “720 ILCS 570/411(2) (West 2012). ¶ 79 The trial court imposed a sentence on the lower end of the 15- to 60-year range.”
People v. Scott, 2015 IL App (4th) 130222 (Ill. App. Ct. 2015). “In addition, the State encouraged the court to consider the following factors under section 411 of the Illinois Controlled Substances Act: (1) defendant’s offenses involved the delivery of cocaine, a Schedule I substance (720 ILCS 570/411(1) (West 2012)); and (2) defendant was a…”
People v. Palmer-Smith, 2015 IL App (4th) 130451 (Ill. App. Ct. 2015). “¶ 31 In the case sub judice, defendant was originally charged with unlawful possession with intent to deliver a controlled substance (900 or more grams of cocaine) (count I) (720 ILCS 570/401(a)(2)(D) (West 2010)), a Class X felony punishable by 15 to 60 years in prison;…”
People v. Creater, 2020 IL App (4th) 180126-U (Ill. App. Ct. 2020). · cites it 3× “” 720 ILCS 570/411 (West 2016). Further, defendant confuses the sentencing structure of the Act with defendant’s circumstances.”
People v. Palmer-Smith, 2015 IL App (4th) 130451 (Ill. App. Ct. 2015). “]” 720 ILCS 570/411 (West 2010). ¶ 31 In the case sub judice, defendant was originally charged with unlawful possession with intent to deliver a controlled substance (900 or more grams of cocaine) (count I) (720 ILCS 570/401(a)(2)(D) (West 2010)), a Class X felony punishable by…”
People v. Davis, 2019 IL App (1st) 160408 (Ill. App. Ct. 2019). “720 ILCS 570/411(2) (West 2012). ¶ 78 The trial court imposed a sentence on the lower end of the 15- to 60-year range.”
People v. Gross, 2023 IL App (4th) 230063-U (Ill. App. Ct. 2023). “See 720 ILCS 570/411(3) (West 2022) (specifying that one of the “most damaging” types of drug offenses, warranting “the most severe penalties,” is when a dealer is a nonuser of controlled substances who delivers controlled substances to a user).”
Show all 20 citing cases →
— 720 ILCS 570/411(1) — 7 cases
People v. Scott, 2015 IL App (4th) 130222 (Ill. App. Ct. 2015). “In addition, the State encouraged the court to consider the following factors under section 411 of the Illinois Controlled Substances Act: (1) defendant's offenses involved the delivery of cocaine, a Schedule I substance (720 ILCS 570/411(1) (West 2012)); and (2) defendant was a…”
People v. Scott, 2015 IL App (4th) 130222 (Ill. App. Ct. 2015). “In addition, the State encouraged the court to consider the following factors under section 411 of the Illinois Controlled Substances Act: (1) defendant’s offenses involved the delivery of cocaine, a Schedule I substance (720 ILCS 570/411(1) (West 2012)); and (2) defendant was a…”
People v. Creater, 2020 IL App (4th) 180126-U (Ill. App. Ct. 2020). “” 720 ILCS 570/411 (West 2016). Further, defendant confuses the sentencing structure of the Act with defendant’s circumstances.”
People v. Smith, 2020 IL App (2d) 180371-U (Ill. App. Ct. 2020).
People v. Hallam, 2020 IL App (4th) 180490-U (Ill. App. Ct. 2020).
— 720 ILCS 570/411(2) — 5 cases
People v. Canizalez-Cardena, 2012 IL App (4th) 110720 (Ill. App. Ct. 2012). “]” 720 ILCS 570/411(2) (West 2010). ¶ 23 The trial court properly considered defendant’s current and prior illegal entries into this country, which were reflected in the presentence report and the trial record.”
People v. Young, 619 N.E.2d 851 (Ill. App. Ct. 1993). “1411(2) (now 720 ILCS 570/411(2) (West 1992))). Defendant points out that the provision on which the State relied is part of the Controlled Substances Act and does not apply to offenses under the Cannabis Control Act.”
People v. Davis, 2019 IL App (1st) 160408 (Ill. App. Ct. 2020). “720 ILCS 570/411(2) (West 2012). ¶ 79 The trial court imposed a sentence on the lower end of the 15- to 60-year range.”
People v. Davis, 2019 IL App (1st) 160408 (Ill. App. Ct. 2019). “720 ILCS 570/411(2) (West 2012). ¶ 78 The trial court imposed a sentence on the lower end of the 15- to 60-year range.”
People v. Davis, 2019 IL App (1st) 160408 (Ill. App. Ct. 2019).
— 720 ILCS 570/411(3) — 1 case
People v. Gross, 2023 IL App (4th) 230063-U (Ill. App. Ct. 2023). “See 720 ILCS 570/411(3) (West 2022) (specifying that one of the “most damaging” types of drug offenses, warranting “the most severe penalties,” is when a dealer is a nonuser of controlled substances who delivers controlled substances to a user).”
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