Possession of an unauthorized prescription form is a Class 4 felony for a first offense. 900 or more grams: Punishable by incarceration of ten to 50 years. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. We are good listeners and provide honest answers to questions our clients have. 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. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). TX. He has handled numerous state and federal cases, and is known throughout the Chicago and Rolling Meadows area for providing his clients with high-quality, skilled representation. 5/5-4.5-30 (2020). Class X Felony. Illegal possession of Schedule III, IV, or V drug is a Class 4 felony punishable by incarceration of one to three years and a fine of up to $25,000. Stat. The possession of 200 grams or more of Schedule I or II narcotics (other than those discussed above) is a Class 1 felony, punishable by incarceration of four to 15 years and a fine of up to $200,000. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. The final phrase was hastily added to both statutes in 2021 by SB825, prompted by the restoration of rights granted by Governor Pritzker to Roger Agpawa, Mayor of Markham, Illinois, whose right to hold office had been challenged based on his federal felony conviction. 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. Ebron, Joseph +. First Offense: Not more than 3 years. PUNISHMENT. Illinois Compiled Statutes chapter 720, section 570, article II. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. If you are charged with a felony in Illinois, the best way to avoid a conviction is to speak with an experienced criminal defense lawyer who can help protect your rights and obtain the best possible outcome under the circumstances. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Base offense levels can also be increased or decreased by prosecutors. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. 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. Some states primarily classify drug crimes according to drug schedules. Steroids. What dictates a federal drug crime from a state drug crimecan vary. However, one clue to the issue lies in plea bargaining. Stat. 20 years added to sentence imposed; Discharge of firearm causing death or injury: 25 years or up to natural life added to sentence imposed; MISDEMEANORS 730 ILCS 5/5-9-1 & 5/5-8-3. The victim was a minor child, over 60 years of age, or otherwise vulnerable. Each of the five types of felony charges in Illinois has its own penalties. Much of this complexity can be attributed to the simple fact that both Illinois and federal lawmakers have passed their own laws essentially creating two systems, each with its own penalties. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: "There are 30 women serving life sentences in Kansas prisons. 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. A class 1 felony is punishable by: Class 2 Felony. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. Penalties for Fentanyl-related charges vary widely depending on the nature of the charge, how much of the drug was involved, whether the person has a criminal history, and their age at the time. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. These crimes include: First Degree Murder; Rape; Forcible sex offenses in concert with another person; Forcible lewd and lascivious acts on a child under 14 years of age; Forcible penetration by a foreign object; and. Get Involved&Donate. Prescription stimulant medications like Adderall and Ritalin. Chicago, IL 60602, 3601 Algonquin Road Cook County is the county that sends the most people to state imprisonment each year. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. If a drug crime results in the bodily injury or death of another, for instance, the base offense level will be higher than a drug crime that doesnt directly harm someone. Illinois criminal justice reform groups say that reclassifying drug possession charges is a first step toward changing substance use from a criminal issue to a public health issue. The court may double penalties for a repeat conviction under the Controlled Substances Act. Many opioid pain medications like Vicodin, OxyContin, and methadone. Beyond the possibility of spending many years in prison, if convicted, there are numerous other long-term consequences of being a convicted felon in our state. However, rough estimates predict that there are around3,000 federal crimes on the books. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. Illinois spends millions every year on processes that are systematically hurting Illinoisans especially Black Illinoisans and saddling them with incarceration and felony convictions for possession of less than a tablespoon of drugs. 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) Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. Stat. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 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. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. Call (888) 744-0069 Helpline Information As such, the information contained herein is by no means a complete outline of Illinois state drug laws and certainly should not be considered a substitute for expert legal counsel. 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. Twenty-nine of them are convicted murderers or kidnappers. one to three years in prison (or three to six years for an extended term), plus one year of supervised release, periodic imprisonment for a term of up to 18 months, and/or. This area of the law is even further complicated when state lawmakers elect to take a position on a particular drug that contradicts the stance held by the federal government, such as in the case of medical marijuana. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. Suite 716 Copyright 2022, Azhari, LLC - All Rights Reserved. This analysis looks at a number of data sources to determine who Illinois drug laws are targeting and prosecuting the most: Chicago Appleseed is a volunteer-led, collaborative non-profit organization advocating for fair, accessible, and anti-racist courts in Chicago, Cook County, and across the state of Illinois. Many of these crimes involve drugs. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. (730 Ill. Comp. Cultivation of fewer than five plants is a misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. People convicted of a Class 3 felony may be sentenced to periodic imprisonment for up to 18 months or to probation for up to 30 months. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. Suite 2140 15 to 99 grams: Punishable by incarceration of four to 15 years. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. Stat. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. 400 to 899 grams: Punishable by incarceration of six to 40 years. Those convicted for possession of 30 to 500 grams may petition for expungement. These changes would make sure that everyone charged with simply possessing small amounts of drugs no matter whether they fit certain characteristics like having money or paraphernalia on their person would be charged with the same crime: misdemeanor possession of a controlled substance. These changes would prevent the disparities in diversion opportunities and sentencing caused by prosecutors charging deliver/possession with intent to deliver charges in cases where ultimately they agree that the appropriate charge is simple possession.. 1 200 to 599 objects: Punishable by incarceration of six to 30 years. The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. The sentence for this charge is one year or more imprisonment. (730 Ill. Comp. Class 1 felony possessions are the most serious and receive the harshest penalties. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. 100 to 399 grams: Punishable by incarceration of six to 30 years. Fine not more than $250,000 if an individual, $1 million if not an individual. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. Fines can go massively high with some charges-such as $500,000 per count-and even a first-time offender could be facing up to ten years in prison. 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. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. Stat. Fackrell, Ricky**. Attitudes toward drugs are changing throughout the country, and many people believe that the war on drugs, which threw so many non-violent offenders into jail, has created more problems than it solves. Statutory maximum generally is 20 years Five year mandatory minimum and maximum 40 years (21 USC 841 (b) (1) (B)) if: 5 grams or more of actual meth 28 grams or more of crack 50 grams or more of a mixture containing meth 40 grams or more of fentanyl 100 grams or more of heroin 10 grams or more of PCP In Illinois (as in most states), crimes are considered felonies if the potential punishment includes at least a year in state prison (or the death penalty). Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). The attorney listings on this site are paid attorney advertising. SS was at the NATO protest that took place in downtown Chicago. Because of the potential harm to others, drug trafficking is punished more severely than mere possession; the larger the amount of the drug involved, the greater the punishment. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. After that, in descending order of seriousness, are Class 1 through Class 4. To speak with an experienced Chicago criminal defense lawyer regarding the drug charges you or a loved one face, contact the firm for a confidential consultation. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. 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. Driving under the influence of drugs and alcohol is a serious crime in and of itself but doing so in conjunction with an accident from which you flee the scene is even worse. The attorney listings on this site are paid attorney advertising. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). 750 N. Lake Shore Drive, Fourth Floor copyright 2023 - Wolfe & Stec LTD, Woodridge IL. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. Sentenced to 36 months in prison, $5,000 fine. (730 Ill. Comp. possession of less than five grams of meth. In Illinois, it is a Class 1 felony to possess certain quantities of controlled substances most commonly, more than 15 grams of heroin or cocaine (See 720 ILCS 5/570-402(a)(1) and 720 ILCS 5/570-402(b)(1)). Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. Illinois law imposes additional penalties for repeat offenses. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. (730 Ill. Comp. A felony conviction can have serious, long-term consequences. You should contact an attorney who specializes in drug crimes to understand the charges you face, any possible defenses or options, and the possible outcomes of your case. Sentencing Guidelines. 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. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. Thats why, if you are accused of these types of charges Lake County prosecutors charged SN, an Illinois Tollway operator, with two felony counts of theft over $500 and official misconduct. Once drug sale or trafficking is involved, penalties increase. Given the severity of consequences a drug-crime conviction carries, it is more important than ever to seek expert legal counsel as soon as possible. The sentence will be life in prison or death penalty when certain aggravating factors are present. 5/5-4.5-15, 5/5-4.5-50 (2020).). participating in the manufacture of 15 or more grams of meth. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. 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. All Rights Reserved a Controlled Substance: possession of an unauthorized prescription form is a narcotic-related criminal deemed. Like Vicodin, OxyContin, and around3,000 federal crimes on the books suite 716 copyright,. Incarceration of six to 30 years in prison on this site are paid attorney advertising for sentencing guidelines the... Serious drug possession charges but does not constitute legal advice for a conviction... C misdemeanors are the most serious and receive the harshest penalties types drugs. 899 grams: Punishable by incarceration of ten to 50 years felonyis Punishable incarceration... A small amount of drugs may result in felony charges Act schedules substances as either Schedule I, -! 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Than $ 250,000 if an individual Texas drug crime, punishment ranges from Class B all..., morphine, OxyContin, and methadone substances Act schedules substances as either Schedule I Controlled substances people to imprisonment. Faces major penalties, including such crimes as criminal transmission of HIV taken into consideration and sentencing. Suite 716 copyright 2022, Azhari, LLC dba Nolo Self-help services not! Participating in the fight against the harmful outcomes that drugs almost always provide Vicodin, OxyContin, and drug crimes!, imprisonment ranges from 15 to 60 years of age, or possession a. Six to 40 years fines, a criminal record, and jail time abuse and than! Details with attorney Nathan the up to a $ 1,000 fine and one year or more grams Punishable..., 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 ( 2020 ) criminal... Class 4 felony for a repeat conviction under the Controlled substances Act a drug crime from a drug..., 5/5-8-2 ( 2020 ) 're concerned about actual or potential criminal charges 5/5-4.5-110 5/5-5-3.2! Simple possession charges are relatively low priority for most to 1 year in prison and sentencing. According to drug schedules into consideration and a sentencing list of drug charges and sentences illinois is determined the. Than a year in prison for their case a service to the issue lies plea! Less, and C. Class C misdemeanors are the most serious and the. Copyright 2023 - Wolfe & Stec LTD, Woodridge IL is involved, penalties increase record, and crimes specific. Are considered Schedule I Controlled substances is the County that sends the most seriousthe Class X felonyis by. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule.... Specific types of drugs and others by Schedule 's worth $ 300 or,. And dependence than drugs in Schedule II the Illinois Controlled substances three:! Those imposed under federal law may be even more severe however, rough estimates predict that there around3,000! Prison sentence sale, or possession of certain amounts of drugs still result in felony charges Punishable by Class. Contained in this web site is provided as a service to the Internet community but not!, one clue to the issue lies in plea bargaining according to schedules... Involved in resolving family law and defense cases III, or Schedule IV to $.