Fentanyl Possession and Distribution Charges in Illinois

 Posted on June 17, 2025 in Drug Crimes

In 2022, there were 3,261 opioid overdose deaths in Illinois – an 8.2 percent increase from 2021. Fentanyl is increasingly responsible for the growing number of accidental overdoses, with more than 67 percent of drug overdoses involving fentanyl. Fentanyl is a potent synthetic opioid manufactured pharmaceutically to treat severe pain.

In its non-pharmaceutical form, fentanyl is 50 times more potent than heroin and 80-100 times more potent than morphine. Some street drugs can contain lethal amounts of fentanyl. Fentanyl charges are prosecuted zealously across the state of Illinois. This is largely due to increasing attention regarding potency and potential for overdose. Fentanyl is classified as a Schedule II controlled substance, placing it in the same category as methamphetamine and cocaine.

If you are facing fentanyl charges, you are facing a felony offense that could adversely affect your future for a very long time or forever.  Fentanyl charges must be taken very seriously. Speaking to an experienced Grundy County, IL criminal defense lawyer should be your first step following fentanyl charges to ensure your rights are properly protected.

Classifications of Fentanyl Charges

Under the Illinois Controlled Substances Act, possession of less than 15 grams of fentanyl is charged as a Class 4 felony. If there is evidence in the form of scales, packaging, or quantity that suggests more than personal use, the charges can be increased to possession with intent to deliver. For 15 grams or more of fentanyl, possession with intent to deliver is charged as a Class X felony.   

Penalties for Fentanyl Possession

A Class 4 felony conviction can result in a prison term of one to three years and a maximum fine of $25,000. A Class 3 felony conviction can result in a prison term of two to five years, while a Class 2 felony conviction can result in a prison term of three to seven years. A Class 1 felony conviction can result in a prison term of four to 15 years. A Class X felony conviction can result in a prison term of six to 30 years. The fines remain the same for each type of felony, at $25,000. Probation is not available for a Class X felony conviction.

Evidence is Crucial in Fentanyl Cases

The state will rely heavily on physical evidence in a fentanyl case. This physical evidence includes the drugs themselves and confirmation by a laboratory that the drug is, in fact, fentanyl. Paraphernalia found with the drug lends additional credence to the prosecutor’s case.

Text messages, social media communications, and call logs will likely be reviewed to suggest intent to distribute. Law enforcement may provide evidence in the form of witness statements or surveillance footage to bolster the case against the defendant further.  

If any of the evidence against the defendant is illegally obtained, the defense attorney can ask that the evidence not be allowed in. If the prosecution loses a significant amount of evidence due to improper gathering of the evidence, the charges may have to be dismissed or lowered.

Potential Defenses to Fentanyl Possession

Each case is unique, and the defense will depend on the circumstances and facts surrounding the arrest. Some of the more common defenses to fentanyl possession include:

• Illegal search and seizure
• Police errors made during the investigation or arrest
• The defendant was unaware of the existence of the drug
• The drug was planted, mishandled, or incorrectly identified
• There was no constructive possession by the defendant

Contact a Will County, IL Drug Crimes Lawyer

If you are being charged with a fentanyl offense, simply hoping things will work out is not a valid strategy. You need an experienced Grundy County, IL drug crimes attorney from Law Offices of Jack L. Zaremba, P.C. who understands how the local prosecutors and judges handle drug cases and who will be a strong advocate in your corner from beginning to end. Call 815-740-4025 to schedule your free consultation.