How New Illinois Drug Laws Could Impact Drug Charges

 Posted on May 21, 2025 in Criminal Defense

Almost every year, the state of Illinois updates and changes at least some areas of the criminal code. The changes are fairly minor in some years, while in other years, they can significantly impact how criminal offenses, including drug charges, are charged and punished. Some of these changes can significantly affect Illinois residents charged with specific drug crimes, both positively and negatively.

Criminal defense attorneys who handle drug charges keep up with the changes, so it is always beneficial to speak to a Joliet, IL drug crimes lawyer who can answer your questions, be a strong legal advocate in your corner, and defend your charges aggressively. Some of the drug crime laws that took effect in 2025 are detailed below.

More Defendants in 2025 Will Qualify for Diversionary Programs

The expansion of Second Chance Probation and amendments to 730 ILCS 5/5-6-3.4 will result in more defendants qualifying for diversionary programs like Treatment Alternatives for Safe Communities (TASC) and drug court under the Illinois Problem-Solving Courts framework. Diversionary and alternative programs are not automatic, nor are they guaranteed.

It is important to have an experienced criminal defense attorney who will argue persuasively before the court on behalf of a defendant, knows the eligibility requirements, and can help defendants meet those requirements once they are in the program.

Decriminalization of Low-level Possession of Cannabis and Possibly of Certain Psychedelics

Updates to the Cannabis Regulation and Tax Act (410 ILCS 705), along with new legislation like HB 1143, continue the decriminalization of possession of small amounts of cannabis. The legislation introduced would decriminalize certain psychedelics (magic mushrooms) in very limited amounts. Psilocybin mushrooms are currently a Schedule 1 drug in Illinois, which means the drug is believed to have no accepted medical treatment use and a high potential for abuse.

Many studies have shown the drug to have significant promise in the treatment of depression and PTSD. If the bill passes, being found with a personal use amount of magic mushrooms would be a civil citation or a mandatory treatment evaluation rather than serious drug charges. Possession with intent and trafficking of marijuana or magic mushrooms would remain Class 1 and Class X felony offenses.

Amendment Regarding Enhanced Penalties for Fentanyl Possession

Sections of 720 ILSC 570/401 and 402 have been amended to qualify even small amounts of fentanyl and fentanyl-laced substances for enhanced sentencing ranges. The penalties are even harsher if the drug is packaged or weighed in such a manner that it suggests distribution. The law now reads that possession of only one gram of fentanyl or a fentanyl-laced substance with the intent to sell or deliver is a Class X felony.

A Class X felony in the state is the most serious type of felony offense, usually involving violent crimes or serious drug offenses. The penalties for a Class X felony include a prison term of six to 30 years, with extended terms of up to 60 years in some situations. The time-served mandatory minimum is 75-85 percent of the total sentence.

In addition to the harsh penalties, a serious felony conviction can result in long-term collateral consequences, including the loss of the right to vote, serve on a jury, or own a firearm. A serious felony conviction can make obtaining employment, housing, or even a mortgage extremely difficult.

Contact a Will County, IL Drug Crimes Attorney

Being charged with a drug crime is virtually always a serious issue that requires a vigorous defense. Aside from potentially serving time in prison and paying high fines, a conviction can alter your life for many years to come. Choosing a Joliet, IL drug crimes lawyer from McNamara Phelan McSteen, LLC can help ensure you have the best chance possible of a positive outcome.

Our mid-size firm is large enough to offer our clients a wide variety of important resources but small enough to provide top-notch client attention and service. We have attorneys with the appropriate experience in each area to handle specific cases and will aggressively defend your charges. Call 815-727-0100 to schedule your free consultation.