lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. Indeed, the Illinois Controlled Substances Act authorizes the following penalties under state law: Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. The possession of controlled substances is punishable by long periods of incarceration and steep fines depending on the type and amount of drug involved in the crime. SS was at the NATO protest that took place in downtown Chicago. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. Learn more about our recent case results. A report from the National Drug Intelligence Center 14 estimated that the cost to society for drug use was $193 billion in 2007, a substantial portion of which$113 billionwas associated with drug related crime, including criminal justice system costs and costs borne by victims of crime. The possession of any substance that contains 200 or more grams of peyote, barbituric acid (including its salts, isomers, and salts of isomers), or amphetamine is punishable by incarceration of four to 15 years and a fine of up to $200,000. . Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. Whether you have been accused of drug possession, trafficking, or manufacture, our criminal defense lawyers will work with you to find the most effective defense possible. Selling 70 grams or more of substances containing PCP: base offense level 22. Technically, anyone who ends up getting arrested for a drug offense can be considered in violation of a federal law, but most people are only prosecuted on a federal level if: Some of the examples offederal drug chargesinclude: The above offenses apply to illegal drugs (such as heroin or cocaine) as well as legal drugs (such as Ativan or Percocet) that are used or distributed illegally. Stat. Common examples include: Regardless of the classification, the process for a felony charge is handled the same way, and proceeds through the following steps: Any class of felony is a serious offense with severe criminal penalties. Fortunately, there have been some major changes in laws regarding marijuana use. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. Chicago Appleseed Center for Fair Courts In a separate case, found guilty of possession of drugs, a third-degree . The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. After that, in descending order of seriousness, are Class 1 through Class 4. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. Class 3 felonies are punishable by 2 to 5 years in prison. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Understanding White Collar Crimes In Illinois, Anyone found in possession of 15 grams or more of heroin, cocaine or morphine, but less than 100 grams, may be sentenced to 4 to 15 years in prison and fined up to $200,000, Anyone found in possession of 100 grams or more of heroin, cocaine or morphine, but less than 400 grams, may be sentenced to 6 to 30 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of heroin or cocaine, but less than 900 grams, may be sentenced to 8 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of morphine, but less than 900 grams, may be sentenced to 6 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 900 grams or more of heroin, cocaine or morphine, may be sentenced to 10 to 50 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, A prison sentence of 6 to 30 years, and a fine of up to $500,000, if the alleged crime involves 15 to 99 grams of heroin, cocaine or morphine, A prison sentence of 9 to 40 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 100 to 399 grams of heroin, cocaine or morphine, A prison sentence of 12 to 50 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 400 to 899 grams of heroin, cocaine or morphine, A prison sentence of 15 to 60 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves more than 900 grams of heroin, cocaine or morphine. Out of about 8.5 million traffic stops made by police in Illinois from 2016 through 2019, only about 28,000 recovered more than 10 grams of drugs 0.3% of all stops. Drug crime sentences that reduce or eliminate prison time started taking off with the drug-court movements in the 1990s, when the criminal justice system was overloaded with cases, said. Drug laws are often touted as necessary to catch and prosecute drug kingpins; the legislative intent section of the Illinois Controlled Substances Act (720 ILCS 570/100) notes: It is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled substances with the same severity as the large-scale, unlawful purveyors and traffickers of controlled substances. In practice, however, the brunt of Illinois drug law enforcement does fall on people who possess small amounts of drugs, not large-scale traffickers. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. A class 4 felony is punishable by: In addition to these five classes, there is a completely separate category for murder: Also, if certain aggravating factors are present, you may be sentenced to an extended prison term, which is generally about double the original sentence. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony. For the sake of brevity, we will refer to charges for manufacture or, delivery, or possession with intent to deliver a controlled substance under 725 ILCS 570/401 as delivery/possession with intent.. For example, in Illinois, possession of less than 1 gram of cocaine or heroin or morphine is a Class 4 felony, with a sentence of probation or 1 to 3 years in jail. When youre up against criminal charges, youre facing something that can change your life. While many federal drug crimes are also state crimes, some acts are considered criminal only at the federal level (for instance, marijuana is nowlegal in Coloradobut still deemed illegal by the U.S. government). Finally, the most serious category of offenses is felonies. A first conviction for the possession of an anabolic steroid is a Class C misdemeanor punishable by incarceration of up to 30 days and a fine of up to $1,500. Even though the actual manufacture of methamphetamine is the most common drug manufacturing charge, some states do not limit charges to a completed product, and you could face drug manufacturing sentences of up to 99 years in prison and fines of $25,000 or more for supplies. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. Sami is an excellent advocate, and really fights for his clients. (District of Central Illinois). A-4368 would expand a municipal court conditional dismissal program to include those charged with some drug offenses and allow for the dismissal of those charges after one year's probation. Delaying can only make your situation worse, so contact us online or call our offices today to schedule your free initial consultation at 630-305-0222. All states regulate and control the possession of drugs or controlled substances, though each differs in its exact definition and the penalties for their possession. Stat. 200 to 599 objects: Punishable by incarceration of six to 30 years. Black. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. Chicago, IL 60602, 3601 Algonquin Road Class 1 felonies generally cover grievous offenses such as sexual assault. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. Steroids. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. Please fill out the form below and we will be in touch soon. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. Only the Attorney General of the United States has the authority to seek the death penalty. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. Possession of marijuana, under one ounce, is a misdemeanor. Illinois Drug Laws. Possessing drugs You may be charged with possessing an illegal substance. 5/5-4.5-20 (2020). Illinois must change its penalties to reduce the harm caused by these arrests and prosecutions of people likely to be substance users, so that felony prosecutions and convictions are not a barrier to people getting the treatment and support that they want and need. 5/5-4.5-3, -50 (2019).). He is an absolute professional. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. To do so, we examined data from five sources (see Methodology section at the end of this report for full details): the Investigatory Stop Report data for the state of Illinois (2016 to 2019), the publicly- available dataset of all adult arrests made by the Chicago Police Department (2014 to 2022), the admission and release data from the Cook County Sheriffs Office (for 2021), and the publicly-available Illinois Department of Corrections (IDOC) admissions data for (2018 to 2021) as well as the Illinois Criminal Justice Information Authoritys Prison Admissions for Drug Offenses dashboard (prior to 2018). What Is the Average Jail Time for Drug Possession? Possession of 50 - less than 100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. Dupage County Lawyers Start here to find criminal defense lawyers near you. As a result of this act: Although marijuana has been legalized, violations of the new law are still taken seriously in Illinois, as are DUI and other drug-crime offenses. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. In this context, it's worth pointing out that battery includes any physical contact of a provoking or insulting nature, and that Illinois courts have long interpreted that to include deliberately spitting on someone. The number of federal crimes has long believed to be virtually uncountable. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. (730 Ill. Comp. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. The sentence will be life in prison or death penalty when certain aggravating factors are present. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. up to 30 months of probation or conditional release. Illinois has 5 classes of felony charges. Northbrook, IL 60062. 1500 or more objects: Punishable by incarceration of ten to 50 years. To help this process, each crime is assigned a base offense level. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. When people possess small amounts of drugs, it is often an indication that they are a substance user and that they may need referral to treatment and other services, but not criminal legal system involvement. Under the bill, possession of less than 3 grams of heroin would be charged with a Class A misdemeanor, punishable by a jail sentence of less than one year. About Our Agency; About Our Facilities; Historical Information In 45% of pedestrian searches where drugs were recovered and 41% of traffic searches where drugs were recovered, police found under 2 grams of drugs less than a standard sugar packets worth. To get a sense of how that bill might affect drug arrests in Illinois, we looked at the dynamics of drug seizures, arrests, convictions, and incarcerations. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. Stat. Any amount . Illinois Sale of Controlled Substance Laws, Do Not Sell or Share My Personal Information, Schedule I drugs: opiates, certain opium derivatives, and hallucinogenic substances, Schedule II drugs: coca leaves, oxycodone, codeine, and methamphetamine, Schedule III drugs: buprenorphine, some steroids, and ketamine, Schedule IV drugs: alprazolam, diazepam, and tramadol, Schedule V drugs: medicines that have very small amounts of specified narcotic drugs. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. Stat. Class 1 felonies include criminal sexual assault, possession of heroin, cocaine, and opioids, and theft of property valued at between $10,000 and $100,000. This suggests that the enforcement of drug laws is primarily affecting people who use drugs, and certainly not the kingpins that drug laws attempt to target. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. Unauthorized prescription. Federal cases are serious. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). As a result, in recent years (including 2021), bills have been introduced in the legislature to decriminalize low-level drug possession and to have courts retroactively reduce sentences or designate prior convictions as misdemeanors. Additionally, an attorney can help ensure your rights are protected and assist with determining what legal defenses you may have at your disposal, including defenses related to illegal searches and seizures. Class 1 felony possession is the most serious of the possession felonies. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . After a thorough cross examin, PG was charged with a DUI and improper lane usage. unlawful purchase (or attempted purchase) of a firearm. White. The following are Class 2 felony drug crimes in Illinois: Cannabis trafficking (2000 - 5000 grams) Possession of methamphetamine (5-15 grams) Child Pornography-Related Offenses. Drugs. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. The court may double penalties for a repeat conviction under the Controlled Substances Act. 15 - 100 grams (at least 4 but no more than 15 years in prison) 100 - 400 grams (at least 6 but no more than 30 years in prison) 400 - 900 (at least 8 but no more than 40 years in prison) This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. 5/2-7, 730 Ill. Comp. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Methamphetamine. Although there is no evidence that White and Black people use or sell drugs at different rates, both pedestrian/traffic stops and arrests are highly disparate in terms of their impact on Illinois Black communities. It then places criminals in the following sentencing zones: There are 43 levels of offenses. Do Not Sell or Share My Personal Information, firing a gun while committing aggravated battery, criminal statute of limitations in Illinois, Do Not Sell or Share My Personal Information, periodic imprisonment, under which the defendant may be committed to a county, municipal, or regional correctional institution for periods of time (not allowed for the most serious felonies); and, committed the crime against an elder (60 or over) or disabled person, or. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. Drug possession with intent to distribute. You can find more information in our article on Marijuana Laws in Illinois. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. 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