Illinois Compiled Statutes
720 ILCS 570/505 (2026)
(a) The following are subject to forfeiture: (1) (blank); (2) all raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, distributing, dispensing, administering or possessing any substance in violation of this Act; (3) all conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of substances manufactured, distributed, dispensed, or possessed in violation of this Act, or property described in paragraph (2) of this subsection (a), but: (i) no conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Act; (ii) no conveyance is subject to forfeiture under this Section by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent; (iii) a forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission; (4) all money, things of value, books, records, and research products and materials including formulas, microfilm, tapes, and data which are used, or intended to be used, in violation of this Act; (5) everything of value furnished, or intended to be furnished, in exchange for a substance in violation of this Act, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to commit or in any manner to facilitate any violation of this Act; (6) all real property, including any right, title, and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation or act that constitutes a violation of Section 401 or 405 of this Act or that is the proceeds of any violation or act that constitutes a violation of Section 401 or 405 of this Act
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(720 ILCS 570/505)
(from Ch. 56 1/2, par. 1505)
Sec. 505. (a) The following are subject to forfeiture:
(1) (blank);
(2) all raw materials, products, and equipment of any | kind which are used, or intended for use, in manufacturing, distributing, dispensing, administering or possessing any substance in violation of this Act; |
(3) all conveyances, including aircraft, vehicles, or | vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of substances manufactured, distributed, dispensed, or possessed in violation of this Act, or property described in paragraph (2) of this subsection (a), but: |
(i) no conveyance used by any person as a common | carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Act; |
(ii) no conveyance is subject to forfeiture under | this Section by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent; |
(iii) a forfeiture of a conveyance encumbered by | a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission; |
(4) all money, things of value, books, records, and | research products and materials including formulas, microfilm, tapes, and data which are used, or intended to be used, in violation of this Act; |
(5) everything of value furnished, or intended to be | furnished, in exchange for a substance in violation of this Act, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to commit or in any manner to facilitate any violation of this Act; |
(6) all real property, including any right, title, | and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation or act that constitutes a violation of Section 401 or 405 of this Act or that is the proceeds of any violation or act that constitutes a violation of Section 401 or 405 of this Act. |
(b) Property subject to forfeiture under this Act may be seized under the Drug Asset Forfeiture Procedure Act. In the event of seizure, forfeiture proceedings shall be instituted under the Drug Asset Forfeiture Procedure Act.
(c) Forfeiture under this Act is subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis as provided under Section 9.5 of the Drug Asset Forfeiture Procedure Act.
(d) With regard to possession of controlled substances offenses only, a sum of currency with a value of less than $500 shall not be subject to forfeiture under this Act. For all other offenses under this Act, a sum of currency with a value of less than $100 shall not be subject to forfeiture under this Act. In seizures of currency in excess of these amounts, this Section shall not create an exemption for these amounts.
(d-5) For felony offenses involving possession of controlled substances only, no property shall be subject to forfeiture under this Act because of the possession of less than 2 single unit doses of a controlled substance. This exemption shall not apply in instances when the possessor, or another person at the direction of the possessor, engaged in the destruction of any amount of a controlled substance. The amount of a single unit dose shall be the State's burden to prove in its case in chief. (e) If the Department of Financial and Professional Regulation suspends or revokes
a registration, all controlled substances owned or possessed by the
registrant at the time of suspension or the effective date of the
revocation order may be placed under seal by the Director. No disposition may be made of
substances under seal until the time for taking an appeal has elapsed or
until all appeals have been concluded unless a court, upon application
therefor, orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court. Upon a suspension or revocation order becoming final,
all substances are subject to seizure and forfeiture under the Drug Asset Forfeiture Procedure Act.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) Contraband, including controlled substances possessed without authorization under State or federal law, is not subject to forfeiture. No property right exists in contraband. Contraband is subject to seizure and shall be disposed of according to State law. (j) The changes made to this Section by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (k) The changes made to this Section by Public Act 100-699 are subject to Section 4 of the Statute on Statutes. (Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
Notes of Decisions
Cited in 37
cases (2 in the last 5 years), 1993–2025 · leading case: People v. $1,124,905 U.S. Currency, 685 N.E.2d 1370 (Ill. 1997).
People v. $1,124,905 U.S. Currency, 685 N.E.2d 1370 (Ill. 1997). “That the troopers seized the above-captioned property which is subject to forfeiture based upon the statutory provisions of 720 ILCS 570/505 (1993) as amended." After filing the complaint for forfeiture, the State sent a copy of the complaint as notice of the forfeiture to Jesus…”
People Ex Rel. Devine v. $30,700.00 United States Currency, 766 N.E.2d 1084 (Ill. 2002). “On August 4, 1998, the State filed a consolidated in rem complaint for forfeiture of the $30,700 and $20,811 pursuant to section 505 of the Illinois Controlled Substances Act (720 ILCS 570/505 (West 2000)). The complaint named Rashawn as a party with interest in the currency.”
People v. One 2014 GMC Sierra, 2018 IL App (3d) 170029 (Ill. App. Ct. 2018). “*192 ¶ 5 In May 2016, the State filed a complaint for forfeiture of the vehicle pursuant to section 505(a)(3) of the Illinois Controlled Substances Act (Substances Act) ( 720 ILCS 570/505(a)(3) (West 2016)) and section 9 of the Drug Asset Forfeiture Procedure Act (Forfeiture…”
People v. A Parcel of Prop. Commonly Known as 1945 North 31st Street, Decatur, Macon Cnty., Illinois, 841 N.E.2d 928 (Ill. 2005). “” The State alleged, therefore, that the real estate was subject to forfeiture under the Cannabis Control Act (720 ILCS 550/12(a) (West 2002)) or the Illinois Controlled Substances Act (720 ILCS 570/ 505(a) (West 2002)). Claimants filed a claim to the real estate, and each filed…”
People v. $5,970 United States Currency, 664 N.E.2d 1115 (Ill. App. Ct. 1996). “JUSTICE COLWELL delivered the opinion of the court: Claimant, Maurice Hood, appeals the circuit court’s order forfeiting $5,970 pursuant to section 505(a)(5) of the Illinois Controlled Substances Act (Act) (720 ILCS 570/505(a)(5) (West 1994)). Claimant contends that (1) the…”
People v. $8,450 United States Currency, 659 N.E.2d 103 (Ill. App. Ct. 1995). “(See 720 ILCS 570/505(a) (West 1994).) The claimant is allowed to retain all property which is not used to facilitate a drug offense or is not traceable to a drug transaction.”
United States v. One 1987 Mercedes Benz Roadster 560 Sec, Vin Wdbba48d3ha064462, 2 F.3d 241 (7th Cir. 1993). “Both statutes have since been amended and are recodified at 720 ILCS 570/505 (1993) and 720 ILCS 550/12 (1993), respectively.”
People Ex Rel. Birkett v. 1998 Chevrolet Corvette, 772 N.E.2d 331 (Ill. App. Ct. 2002). “The complaint alleged that the Corvette was subject to forfeiture pursuant to section 505(a)(3) of the Illinois Controlled Substances Act (Substances Act) (720 ILCS 570/505(a)(3) (West 2000)) and the provisions of the Drug Asset Forfeiture Procedure Act (Forfeiture Act) (725…”
People v. 1991 Dodge Ram Charger, 620 N.E.2d 448 (Ill. App. Ct. 1993). “1505(a)(3) (now 720 ILCS 570/ 505(a)(3) (West 1992))). On appeal from the trial court’s order, claimants argue that they were not responsible for, nor did they acquiesce in, the use of their vehicle to facilitate drug activity.”
People v. One 1986 White Mazda Pickup Truck, 621 N.E.2d 250 (Ill. App. Ct. 1993). “1505(a) (now 720 ILCS 570/505(a) (West 1992)).) The question presented by the facts of this case, whether the mere existence of a controlled substance on the person of a vehicle occupant subjects the vehicle to forfeiture, has never been addressed by the Illinois Supreme Court…”
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “”); see also 720 ILCS 570/505(b) (West 2020) (“Property subject to forfeiture under [the Controlled Substances Act] may be seized under the [Forfeiture Act].”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “-2- ¶4 On April 19, 2012, the State filed a request for preliminary review to determine probable cause that the property may be subject to forfeiture pursuant to the Illinois Controlled Substances Act (720 ILCS 570/505 (West 2012)) and the Forfeiture Act (725 ILCS 150/3.”
— 720 ILCS 570/505(a) — 5 cases
People v. A Parcel of Prop. Commonly Known as 1945 North 31st Street, Decatur, Macon Cnty., Illinois, 841 N.E.2d 928 (Ill. 2005). “” The State alleged, therefore, that the real estate was subject to forfeiture under the Cannabis Control Act (720 ILCS 550/12(a) (West 2002)) or the Illinois Controlled Substances Act (720 ILCS 570/ 505(a) (West 2002)). Claimants filed a claim to the real estate, and each filed…”
People v. One 1986 White Mazda Pickup Truck, 621 N.E.2d 250 (Ill. App. Ct. 1993). “1505(a) (now 720 ILCS 570/505(a) (West 1992)).) The question presented by the facts of this case, whether the mere existence of a controlled substance on the person of a vehicle occupant subjects the vehicle to forfeiture, has never been addressed by the Illinois Supreme Court…”
People v. $8,450 United States Currency, 659 N.E.2d 103 (Ill. App. Ct. 1995). “(See 720 ILCS 570/505(a) (West 1994).) The claimant is allowed to retain all property which is not used to facilitate a drug offense or is not traceable to a drug transaction.”
People v. 2004 Mercury Mountaineer, 2019 IL App (3d) 180084 (Ill. App. Ct. 2019).
People v. Daniels, 670 N.E.2d 1223 (Ill. App. Ct. 1996).
— 720 ILCS 570/505(a)(3) — 9 cases
People v. $1,124,905 U.S. Currency, 685 N.E.2d 1370 (Ill. 1997). “That the troopers seized the above-captioned property which is subject to forfeiture based upon the statutory provisions of 720 ILCS 570/505 (1993) as amended." After filing the complaint for forfeiture, the State sent a copy of the complaint as notice of the forfeiture to Jesus…”
People v. One 2014 GMC Sierra, 2018 IL App (3d) 170029 (Ill. App. Ct. 2018). “*192 ¶ 5 In May 2016, the State filed a complaint for forfeiture of the vehicle pursuant to section 505(a)(3) of the Illinois Controlled Substances Act (Substances Act) ( 720 ILCS 570/505(a)(3) (West 2016)) and section 9 of the Drug Asset Forfeiture Procedure Act (Forfeiture…”
People Ex Rel. Birkett v. 1998 Chevrolet Corvette, 772 N.E.2d 331 (Ill. App. Ct. 2002). “The complaint alleged that the Corvette was subject to forfeiture pursuant to section 505(a)(3) of the Illinois Controlled Substances Act (Substances Act) (720 ILCS 570/505(a)(3) (West 2000)) and the provisions of the Drug Asset Forfeiture Procedure Act (Forfeiture Act) (725…”
People v. 1991 Dodge Ram Charger, 620 N.E.2d 448 (Ill. App. Ct. 1993). “1505(a)(3) (now 720 ILCS 570/ 505(a)(3) (West 1992))). On appeal from the trial court’s order, claimants argue that they were not responsible for, nor did they acquiesce in, the use of their vehicle to facilitate drug activity.”
People v. One 2014 GMC Sierra, 2018 IL App (3d) 170029 (Ill. App. Ct. 2018).
— 720 ILCS 570/505(a)(3)(ii) — 3 cases
People v. One 2014 GMC Sierra, 2018 IL App (3d) 170029 (Ill. App. Ct. 2018). “*192 ¶ 5 In May 2016, the State filed a complaint for forfeiture of the vehicle pursuant to section 505(a)(3) of the Illinois Controlled Substances Act (Substances Act) ( 720 ILCS 570/505(a)(3) (West 2016)) and section 9 of the Drug Asset Forfeiture Procedure Act (Forfeiture…”
People v. 1991 Dodge Ram Charger, 620 N.E.2d 448 (Ill. App. Ct. 1993). “1505(a)(3) (now 720 ILCS 570/ 505(a)(3) (West 1992))). On appeal from the trial court’s order, claimants argue that they were not responsible for, nor did they acquiesce in, the use of their vehicle to facilitate drug activity.”
People v. One 2014 GMC Sierra, 2018 IL App (3d) 170029 (Ill. App. Ct. 2018).
— 720 ILCS 570/505(a)(4) — 1 case
People v. Single Story House, 2012 IL App (5th) 110562 (Ill. App. Ct. 2012).
— 720 ILCS 570/505(a)(5) — 11 cases
People v. $1,124,905 U.S. Currency, 685 N.E.2d 1370 (Ill. 1997). “That the troopers seized the above-captioned property which is subject to forfeiture based upon the statutory provisions of 720 ILCS 570/505 (1993) as amended." After filing the complaint for forfeiture, the State sent a copy of the complaint as notice of the forfeiture to Jesus…”
People v. $5,970 United States Currency, 664 N.E.2d 1115 (Ill. App. Ct. 1996). “JUSTICE COLWELL delivered the opinion of the court: Claimant, Maurice Hood, appeals the circuit court’s order forfeiting $5,970 pursuant to section 505(a)(5) of the Illinois Controlled Substances Act (Act) (720 ILCS 570/505(a)(5) (West 1994)). Claimant contends that (1) the…”
People v. $8,450 United States Currency, 659 N.E.2d 103 (Ill. App. Ct. 1995). “(See 720 ILCS 570/505(a) (West 1994).) The claimant is allowed to retain all property which is not used to facilitate a drug offense or is not traceable to a drug transaction.”
People v. $174,980 United States Currency, 2013 IL App (1st) 122480 (Ill. App. Ct. 2013).
People v. P.S., 661 N.E.2d 329 (Ill. 1996).
— 720 ILCS 570/505(a)(6) — 1 case
People v. One Single-Fam. Residence, 663 N.E.2d 1104 (Ill. App. Ct. 1996).
— 720 ILCS 570/505(aX3) — 1 case
People v. One 1986 White Mazda Pickup Truck, 621 N.E.2d 250 (Ill. App. Ct. 1993). “1505(a) (now 720 ILCS 570/505(a) (West 1992)).) The question presented by the facts of this case, whether the mere existence of a controlled substance on the person of a vehicle occupant subjects the vehicle to forfeiture, has never been addressed by the Illinois Supreme Court…”
— 720 ILCS 570/505(b) — 1 case
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “”); see also 720 ILCS 570/505(b) (West 2020) (“Property subject to forfeiture under [the Controlled Substances Act] may be seized under the [Forfeiture Act].”
— 720 ILCS 570/505(b)(4) — 6 cases
People v. $1,124,905 U.S. Currency, 685 N.E.2d 1370 (Ill. 1997). “That the troopers seized the above-captioned property which is subject to forfeiture based upon the statutory provisions of 720 ILCS 570/505 (1993) as amended." After filing the complaint for forfeiture, the State sent a copy of the complaint as notice of the forfeiture to Jesus…”
People v. 1515 Coolidge Ave., Aurora, Ill., 721 N.E.2d 205 (Ill. App. Ct. 1999).
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “-2- ¶4 On April 19, 2012, the State filed a request for preliminary review to determine probable cause that the property may be subject to forfeiture pursuant to the Illinois Controlled Substances Act (720 ILCS 570/505 (West 2012)) and the Forfeiture Act (725 ILCS 150/3.”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014).
People v. $1,124,905 (Ill. 1997).
— 720 ILCS 570/505(c) — 5 cases
People v. $1,124,905 U.S. Currency, 685 N.E.2d 1370 (Ill. 1997). “That the troopers seized the above-captioned property which is subject to forfeiture based upon the statutory provisions of 720 ILCS 570/505 (1993) as amended." After filing the complaint for forfeiture, the State sent a copy of the complaint as notice of the forfeiture to Jesus…”
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “”); see also 720 ILCS 570/505(b) (West 2020) (“Property subject to forfeiture under [the Controlled Substances Act] may be seized under the [Forfeiture Act].”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “-2- ¶4 On April 19, 2012, the State filed a request for preliminary review to determine probable cause that the property may be subject to forfeiture pursuant to the Illinois Controlled Substances Act (720 ILCS 570/505 (West 2012)) and the Forfeiture Act (725 ILCS 150/3.”
People v. 2004 Mercury Mountaineer, 2019 IL App (3d) 180084 (Ill. App. Ct. 2019).
People v. $1,124,905 (Ill. 1997).
— 720 ILCS 570/505(d) — 2 cases
United States v. Sixty-Two Thousand Six Hundred Dollars ($62,600.00), 899 F. Supp. 378 (N.D. Ill. 1995).
People v. Keys, 756 N.E.2d 414 (Ill. App. Ct. 2001).
— 720 ILCS 570/505(f) — 1 case
People v. 1996 GMC Savana Van, 2019 IL App (1st) 131658-U (Ill. App. Ct. 2019).
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