Sharing vs. Dealing: Possession or Distribution in Illinois?

 Posted on July 31, 2025 in Criminal Defense

In the state of Illinois, the line between casual drug sharing with a friend and facing a felony charge for drug distribution may not always be clear. You may think that handing someone you know a joint or offering a few pills at a party is not that big a deal. Unfortunately, prosecutors may see it differently.

Under Illinois law (Illinois Controlled Substances Act 720 ILCS 570/401), sharing illegal drugs can be charged as illegal delivery, even when no money has changed hands. It is important to understand how the state defines drug possession as opposed to drug distribution. It is equally important to have an experienced Joliet, IL criminal defense attorney who will work hard for the best possible outcome.  

Understanding Drug Possession vs. Drug Distribution in Illinois

Simple possession of an illegal drug in the state can be charged when a person has a small amount of a controlled substance for personal use. The severity of the possession charges will depend on the type of drug, the quantity involved, and whether the individual has any prior drug offenses on his or her record.

"Delivery" of a drug is broadly defined as the actual, constructive, or attempted transfer of a controlled substance from one person to another. The element of payment or profit is not required to charge a person for the delivery of a controlled substance. This means that even giving a friend or acquaintance a controlled substance can be charged under the delivery statute.

To be clear, even something that most people might consider minor could be charged as delivery of a controlled substance, including:

• A person is at a concert when a friend tells her he has a bad headache. She gives him one of her (prescribed) oxycodone tablets.
• A person at a party passes around a bag of magic mushrooms or ecstasy.
• A person lets a friend take a hit from his vape or pipe, which contains an illegal substance.

What Are the Legal Consequences of an Illinois Distribution Charge?

If the drug "distributed" is one like methamphetamine, cocaine, or heroin, then distribution of less than one gram is charged as a Class 2 felony. A conviction for a Class 2 felony carries a potential term of imprisonment for three to seven years. If the amount of the drug distributed is between one and 15 grams, the prison time could be extended to between four and 15 years. When large amounts (more than 900 grams) of these drugs are distributed, the offense can be charged as a Class X felony with a mandatory minimum prison sentence between six and 30 years.    

Marijuana possession with intent to distribute is treated differently. Illinois has legalized marijuana for recreational purposes, yet unlicensed distribution remains a felony. Possession with intent to distribute between 30 and 500 grams of marijuana is considered a Class 4 felony. A conviction for this offense can result in a prison term of one to three years. For amounts exceeding 5,000 grams, the charge is a Class 1 felony, with a potential prison sentence of four to 15 years.

What Are the Common Defenses in These Situations?

The specific defense used by a criminal defense attorney will depend on the type of drug, the quantity involved, and the circumstances surrounding the arrest. Some of the most common defenses include:

• The defendant had no intent to distribute.
• There was no actual transfer of drugs, only proximity or association.
• The defendant had no knowledge of the illegal substance being present.
• The police conducted an illegal search and seizure.
• The defendant’s constitutional rights were violated.

Contact a Will County, IL Drug Crimes Attorney

It is important to speak to an experienced Joliet, IL drug crimes lawyer from McNamara Phelan McSteen, LLC as soon as possible. Prosecutors often overcharge in these types of cases as a means of gaining leverage, and negotiating a distribution charge down to simple possession can drastically change the outcome while preventing a felony conviction on your record. We are a midsize, aggressive law firm with specific experience across a variety of legal fields. To schedule your free consultation, call 815-727-0100.