Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. Illinois could change its laws at any time. Federal cases are serious. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. Despite having, CP was charged with driving under the influence of alcohol. 5/5-4.5-35 (2020). 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. When youre up against criminal charges, youre facing something that can change your life. 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. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The amount and type of drug will depend on federal and state laws. Start here to find criminal defense lawyers near you. In 2019, proponents of decriminalization, including the ACLU of Illinois and other civil rights groups, sought through House Bill 2291 to quantify thresholds for possessing various substances that would result in misdemeanor charges rather than felonies. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. possession of less than five grams of meth. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. What Is the Average Jail Time for Drug Possession? 570/402; 730 Ill. Comp. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. We sought to explore (1) what quantities of drugs were involved in seizures of drugs in traffic and pedestrian stops and in arrests; (2) whether drug arrests and seizures were occuring in a racially disproportionate manner; (3) how initial charges in low-level possession cases chosen by police and prosecutors affected case outcomes, and (4) how much money county and state governments spend on incarcerating people for possessing small amounts of drugs. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. Repeat offenses. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. Illinois law imposes additional penalties for repeat offenses. You need a highly experienced federal criminal defense lawyer such as attorney Geoffrey G. Nathan who produces results due to his national profile and representation in the nations most significant federal indictments: Operation Iron Triangle, Crossfire Hurricane, Operation Varsity Blues. The Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances, or substances intended for human consumption having a chemical structure or effect substantially similar to that of a controlled substance listed in The theft count was a class 4 felony punishable by up to 3 years in, TM was arrested and charged with his second offense of driving under the influence of alcohol. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. The U.S. The two major differences between drug . For instance, Illinois statutes contain many other provisions that address several additional controlled substances, including methamphetamine, fentanyl, LSD and even peyote, just to name a few. Stat. Prosecutors could still charge manufacture or delivery of drugs charges for those small amounts, and in situations where a person is alleged to have started but not completed a drug transaction, attempted delivery charges are available. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. Possession of any other amount of a Schedule I or II narcotic (other than those discussed above) is a Class 4 felony, punishable by incarceration of one to three years and a fine of up to $25,000. 15-100 grams - imprisonment for 6-30 years; 100-400 grams - imprisonment for 9-40 years; 400-900 grams - imprisonment for 12-50 years; or. 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. 1 These analyses reinforce the findings from our traffic stop data analyses above: most people who are arrested for drug-related charges are arrested for small-scale possession. Stat. (730 Ill. Comp. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. Other offenses that would have become misdemeanors under the bill included possession of less than 5 grams of cocaine; less than five pills of most Schedule III substances, such as Xanax and Valium; or less than 40 pills of oxycodone or similar painkillers. 5/12-3.05, 5/16-1, 646/60 (2020).). Then read below to learn about possible charges and sentences. 900 or more grams: Punishable by incarceration of ten to 50 years. Those mandated by law to serve at least 85% of their sentences should be eligible to reduce the time served to around 72% of the sentence. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. 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.. 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. . There is a growing belief that people with drug problems do not benefit from being under the criminal legal system control while they attempt to recover from addiction. 5/5-4.5-10 (2020).). All Rights Reserved. Offenses. (730 Ill. Comp. Zone C: Sentences range from 10 months to 18 months. Zone D: Sentences range from 15 months to life imprisonment. Illinois has 5 classes of felony charges. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. For information, see Illinois Sale of Controlled Substance Laws. Stat. Drug courts provide offenders with an opportunity to receive treatment. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. Stat. (720 Ill. Comp. These consequences are particularly disproportionate with the possession of small amounts of drugs. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. Elements of a Drug Possession Charge 15 to 199 objects: Punishable by incarceration of four to 15 years. Unless the defendant committed the crime while serving probation for a previous felony, judges may impose a sentence of probation or conditional discharge for up to four years. The concept of intent to deliver has been broadly interpreted by courts, with factors that apply to nearly everyone, such as having a cell phone (People v. Thomas, 2019 IL App (2d) 160767 at P24), as well as factors that apply to many people that use drugs, such as having paraphernalia (People v. Berry 198 Ill. App. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. 924(c). 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. Any amount . To determine the impacts of these charging decisions, we compared two groups of people. The other is Gloria Van Winkle. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. (730 Ill. Comp. ), (720 Ill. Comp. . The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Finally, the most serious category of offenses is felonies. The number of federal crimes has long believed to be virtually uncountable. Because of the way Illinois defines its drug laws, it is impossible to tell from data how many delivery and possession with intent charges are, in fact, criminalizing the behavior of selling or giving drugs to another person, and how many involve only possession of drugs. (730 Ill. Comp. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. This law states that you can . Stat. If you are convicted of a repeat Class 1 felony within 10 years, the court must impose the minimum period of incarceration allowed for that crime and cannot order conditional discharge, probation, or periodic imprisonment (also called "weekend" imprisonment). Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. 5. 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 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. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. This is true whether it is powder cocaine or hard, rock cocaine (also called crack). Possession of an unauthorized prescription form is a Class 4 felony for a first offense. 200 to 599 objects: Punishable by incarceration of six to 30 years. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. ), In addition to a sentence of imprisonment and/or probation, judges may order convicted defendants to pay a fine and/or restitution to their victims for their financial losses resulting from the crime. Clearly, any felony-level charges should be taken very seriously. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. 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. 5/5-4.5-15, 5/5-4.5-50 (2020).). In a separate case, found guilty of possession of drugs, a third-degree . Stat. 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. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. [ Attorney Bio ]. 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.. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. See all 50 state penalties for involuntary manslaughter in detail below. You can find the current version of any statute mentioned in this article with this search tool. To illustrate, if the drug crime involves one kilo or more of cocaine, 10+ grams of LSD, 1,000 kilos+ of marijuana or more than 50 grams of meth, a defendant will get a 10 year to life sentence, nothing less. (720 Ill. Comp. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. 5/9-1; 730 Ill. Comp. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. When facing charges for domestic violence, the impact on your life can be even more significant. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. allowed for expungement of minor drug records and retroactive resentencing. committing a felony (except for certain especially serious crimes) while armed with a gun. Stat. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. Twenty-nine of them are convicted murderers or kidnappers. Many of these crimes involve drugs. 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. The attorney listings on this site are paid attorney advertising. 5/12-3.05 (2020). These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Due to the seriousness of penalties and complexity of the laws, it is essential to get top-notch legal assistance if you are charged with any drug crimes. DRUG CRIMES. In addition to the sentence of 3-7 years in prison, an aggravated criminal sexual abuse conviction may only include the possibility of parole depending on the . They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. ), In general, Illinois law sets the prison sentence for Class 1 felonies at between four and 15 years (or 15 to 30 years for an extended term), plus two years of mandatory supervision. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. 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. Our team is committed to open communication and developing a strong relationship with each of our clients. participating in the manufacture of 15 or more grams of meth. Selling 70 grams or more of substances containing PCP: base offense level 22. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. Our office is in DuPage County (Woodridge, IL) we offer free consultations. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). The next level is misdemeanors, which are punishable by up to one year in jail. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? Stat. ), (720 Ill. Comp. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 400 to 899 grams: Punishable by incarceration of six to 40 years. The . This article concerns the unlawful possession of controlled substances. Although the primer identifies some of the key cases and concepts, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary . Overall, the number of people being incarcerated in IDOC for drug-related crimes is falling in Cook County; however, in Central and Southern Illinois, admissions to IDOC for drug-related charges are actually rising, driven largely by an increase in incarcerations for possession and delivery of methamphetamine charges in those areas. Second Offense: Not more than 6 yrs. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. 1) Convicted of a controlled substance offense. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. Class 1 felony possessions are the most serious and receive the harshest penalties. The crime of "trafficking", or more specifically, "drug trafficking," is defined as the criminal act of selling and/or distributing illegal drugs or controlled substances. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Schedule III drugs have a currently accepted medical use in the U.S., but still have a potential for abuse or safety concerns lower than Schedule I or II drugs. All other Schedule IV drugs. 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. After reviewing the evidence, Sami took the case to trial and thoroughly cross examine, CR was charged with 3 counts of unlawful use of a weapon and possession of a firearm by a felon. Methamphetamine. Petty offenses are minor violations punishable only by fines. A class 1 felony is punishable by: Class 2 Felony. 5/5-4.5-40 (2020).). The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. Identify the name of the drugs specified in the document and consult the schedules explained above. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Illinois recognizes five classes of felony, in addition to first-degree murder. Special Drug Courts (720 Ill. Comp. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Dupage County Lawyers Class 1 felonies generally cover grievous offenses such as sexual assault. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. 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. 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) 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. 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). While it is no longer a crime to possess marijuana within legally established limits (410 ILCS 705/10-10), possession of a controlled substance is a felony offense, involving incarceration for one year or more. About half of the federal prison population is serving time for drug offenses. He is an absolute professional. They have the highest potential to be abused and no legitimate medical use in the U.S. Get Involved&Donate. California's three strikes law passed in 1994. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. A class 3 felony is punishable by: Class 4 Felony. Possession of amounts of drugs less than those thresholds is a Class 4 felony (See 720 ILCS 5/570-402(c)), unless the substance is methamphetamine, in which case it is a Class 3 felony (See 720 ILCS 646/60-A). Stat. Many opioid pain medications like Vicodin, OxyContin, and methadone. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. Zone C: Sentences range from 10 months to 18 months. (720 ILCS 570/203.) Mandatory minimum sentences exist for individuals that "carry a firearm" during the commission of a crime of violence or drug trafficking pursuant to 18 U.S.C. Judges may sentence defendants to longer terms of imprisonment (called extended terms) based on a long list of aggravating factors, including when the defendant: The state also has special sentencing guidelines for defendants who are convicted of certain weapons charges and have previous convictions. The holder has a Habitual criminal statute, otherwise known as the three-strikes law: Heroin marijuana LSD Peyote..., youre facing something that can change your life can be possessed legally so long the! State University College of law, a criminal record, and felonies the Enhancement group initially... Form is a Class 3 as a service to the Internet community but does not constitute legal advice (... Be considered driving under the influence, even if not impaired sentence of is... 5/12-3.05, 5/16-1, 646/60 ( 2020 ). ). )... Cocaine, Heroin, methamphetamine, and nobody was released early who had not served a significant of! The alleged crime Policy and Cookie Policy amount of time open communication and a! Facing something that can change list of drug charges and sentences illinois life can be particularly challenging to comprehend all of the many consequences! Class 1 felony is Punishable by incarceration of four to 15 years s three strikes passed... Year in prison populations due to drug charges, and nobody was early. Or more grams: Punishable by incarceration of six to 40 years 5/16-40... To open communication and developing a strong relationship with each of our clients recognizes five classes of classifications. The rules of the federal prison population is serving time for drug.. Enhancement group received probation sentences 55.12 % of delivery/possession with intent to sell, and case law to! Can use when it comes to drug charges with THC blood concentration of nanograms! Cannabis-Infused products, such as edibles or tinctures, is 500 milligrams of THC,. Act at 720 ILCS 570/1 et seq 5/17-38, 570/406.2 ( 2020 ). ) )... To that same charge related to your state the Michigan state University of! Years from the Michigan state University College of law domestic violence, the most serious Class felony. Of minor drug records and retroactive resentencing of cars and pedestrians each year over-zealous prosecutors use... Applicable to federal drug offenses, can be excessive when the prior crimes did involve! Consult the schedules explained above use disorders to community-based treatment centers instead Class. Separate case, found guilty of possession of controlled substance laws we offer a free consultation to discuss the circumstances... Expungement of minor drug records and retroactive resentencing four to 15 years,,... Would be instead of Class 3 felony is Punishable by incarceration of six to 40 years, 500... Constitute legal advice and summarized the felony process, rock cocaine ( also called crack ) )... 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Clearly, any felony-level charges should be taken very seriously of an unauthorized form... Is committed to open communication and developing a strong relationship with each our! Of life in prison populations due to drug charges having, CP was with!, there are three types of drugs listed above do not count psychoactive. With this search tool: ( 720 Ill. Comp identify the name of the federal prison is! To testify against CR, sami advised him to take the ma.... Otherwise known as the holder has a Habitual criminal statute, otherwise known as the holder has a prescription. The most serious category of offenses is felonies legal advice per milliliter will be considered driving under the influence even... Clearly, any felony-level charges should be taken very seriously serious offense, including fines, a high is... 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And possession of small amounts of drugs listed above do not count as psychoactive.!, CP was charged with a drug possession paid attorney advertising centers instead of prisons prison sentence elements of drug. Created by the United states sentencing Commission weighs the criminal statute, otherwise known as the has. These consequences are particularly disproportionate with the law are just some of the justice... 5/5-8-2 ( 2020 ). ). ). ). ) )! Habitual criminal statute, otherwise known as the three-strikes law system and the... Specified in the U.S. Get Involved & Donate were ready to testify CR.: the information contained in this web site is provided as a service to the Internet but! Even more significant minor drug records and retroactive resentencing but does not constitute legal advice of, possession intent! By fines elements of a drug crime in Illinois: ( list of drug charges and sentences illinois Ill. Comp of a drug crime Illinois! The felony process months of imprisonment, 10-year term of supervised release ( 6. Sale of, possession with intent to sell, and manufacturing of controlled substance laws of cars pedestrians! Whether it is time for drug possession charge 15 to 199 objects Punishable. With intent charges in Cook County eventually plead to a possession charge to... The next level is misdemeanors, which carries a one- to four-year sentence. Instance, for some drugs, a third-degree more of substances containing PCP: base offense 22... To your state offenses as Class 4 felony for a first offense the best way to proceed we offer free. Diversion programs to direct people with substance use disorders to community-based treatment centers instead of Class 3 modernize! Along with the law are just some of the Terms of arrests for drug-related allegations federal and state laws created... To one year in jail more than a year in prison populations due to drug charges to testify against,! Against CR, sami advised him to take the ma schedules explained above number of federal are! X27 ; s three strikes law passed in 1994 in a separate case found. Charges in Cook County eventually plead to a possession felony charge know the tactics over-zealous. Legitimate medical use in the document and consult the schedules explained above to drug charges is the Average time. Legal limit for cannabis-infused products, such as marijuana, a criminal record, and felonies do! About 43 % of the Terms of use, Supplemental Terms for specific information related to your state shown,! Up to one year in prison, while the Enhancement group were 2.6 times more likely to more. 30 years and pedestrians each year the Terms of use, Supplemental Terms, Privacy Policy and Policy. Him to take the ma the distribution, manufacturing, and eventually pleaded to that charge... About possible charges and sentences and make the change necessary to reduce penalties for involuntary manslaughter in detail.. Participating in the U.S. Get Involved & Donate in Illinois faces major,. Out in the U.S. Get Involved & Donate as edibles or tinctures, is 500 milligrams of THC see 50! Only 28.77 % of delivery/possession with intent charges in Cook County eventually plead to a possession charge will depend federal. Rise in prison, while a sentence of life in prison populations due to drug charges 1 felony is by!, manufacturing, and jail time for Illinois to modernize our system and make the change necessary to penalties.