As mentioned above, Illinois has five felony classes. To determine the impacts of these charging decisions, we compared two groups of people. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. Drug courts provide offenders with an opportunity to receive treatment. Chicago Appleseed Center for Fair Courts. unauthorized possession of a blank or altered prescription form. 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. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. We will answer all your questions and make sure you fully understand the facts surrounding your case and what you need to know about Illinois drug laws. Class 1 felonies are punishable by 4 to 15 years in prison. Police officer convicted and sentenced to death for ordered the killing of a witness for an internal affairs investigation into a police misconduct complaint against him. Illinois recognizes two distinct crimes stemming from the unlawful possession of a controlled substance: Mere possession of a controlled substance or analog; and Possession of such substances with intent to manufacture or deliver (more severely punished). Tylenol with codeine. 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. When youre up against criminal charges, youre facing something that can change your life. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. A class 3 felony is punishable by: Class 4 Felony. The U.S. Ketamine. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. IDOC also projected the total amount of actual days those people would spend in prison on these charges; it amounts to over 1.2 million days collectively, or almost 3,500 years in prison. 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.. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. Between 2018 and 2021, the Illinois Department of Corrections records show that 4,479 people were sentenced to incarceration and served time in prison for low-level possession charges. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. Zone D: Sentences range from 15 months to life imprisonment. 5/5-4.5-35 (2020).) However, the penalties can vary greatly from state to state. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. In the midst of the raucous, an altercation took place betw, AN was charged with 9 counts of attempted murder, aggravated battery with a firearm and unlawful use of a weapon. 3d 24 at 29, (1990)), being considered evidence of intent. Although sentences of imprisonment for possession charges are becoming less common in Cook County (346 people were sent to prison for possession charges from Cook County in 2019, compared to 1,487 in 2012), imprisonment for drug possession charges, both before and after conviction, still costs Illinois taxpayers millions of dollars each year. However, one clue to the issue lies in plea bargaining. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. (730 Ill. Comp. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. 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. 900 or more grams: Punishable by incarceration of ten to 50 years. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. Stat. 30 N. LaSalle Street Stat. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). Visitors to Illinois are allowed half those amounts. 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. The next level is misdemeanors, which are punishable by up to one year in jail. Stat. The experienced Illinois drug charges lawyers at Wolfe & Stec, Ltd.are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. Sami was a part of the trial team, GLW was charged with a non-probationable class X felony for possession of cocaine with the intent to distribute. 5/12-3.05 (2020). 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. 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. 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. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. A conviction of a drug offense involving the . The seasoned Illinois drug crime defense attorneys at Wolfe & Stec, Ltd. will examine the facts, the individuals involved, and the evidence available in every situation and work with you to come up with an effective defense strategy and determine whether to take a case to trial. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Special Drug Courts However, just like Illinois law, federal drug laws are extremely complex and difficult to navigate, which is why it is typically best to seek the counsel of an experienced drug-crime defense attorney if you are facing drug charges. Mandatory minimum sentences. A class 2 felony is punishable by: Class 3 Felony. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. 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 . The court may double penalties for a repeat conviction under the Controlled Substances Act. Stat. Dupage County Lawyers Illinois Drug Laws. Repeat offenses. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. Mandatory parole of three years. Identify the name of the drugs specified in the document and consult the schedules explained above. ), (720 Ill. Comp. For information, see Illinois Sale of Controlled Substance Laws. 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. 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. 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. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. Clearly, any felony-level charges should be taken very seriously. Board of Bar Overseers Number #552110. Aggravating and Mitigating Factors for Sentencing 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. Selling 70 grams or more of substances containing PCP: base offense level 22. The Initial Enhancement group were originally charged with Class 1 or 2 delivery/possession with intent to deliver charges, where small amounts of drugs were found, but eventually pleaded to reduced charges of Class 4 simple possession. We found that: In the current system, allowing police and prosecutors to choose whether to charge deliver/possession with intent or simply possession when the initial police encounter for most people charged involves only small amounts of drugs ultimately increases penalties for people charged with drug possession and decreases access to diversion programs. 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. Usually, the amounts of drugs that are found are small. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . Zone B: Sentences range from 1 month to 15 months. Embark upon a path to recovery today. ), 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. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. (730 Ill. Comp. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. 1) Convicted of a controlled substance offense. The sentence will be life in prison or death penalty when certain aggravating factors are present. 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. participating in the manufacture of 15 or more grams of meth. Despite the stated goals of the Illinois Controlled Substances Act and some politicians commitment in the last decade to decrease the harms of the war on drugs, Illinois continues to primarily use its drug laws to stop, arrest, and prosecute people for possessing small amounts of drugs. (730 Ill. Comp. 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. 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. 5/5-4.5-20 (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. (730 Ill. Comp. PUNISHMENT. In some states, the information on this website may be considered a lawyer referral service. See all 50 state penalties for involuntary manslaughter in detail below. Convicted and sentenced to death for the killing of a prisoner in a federal prison. (720 Ill. Comp. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. The type of firearm and whether the firearm was used during the commission of a violent crime or drug trafficking crime dictates the applicable mandatory minimum sentence: 570/406.2, -408; 730 Ill. Comp. 5/5-4.5-25 (2020). Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Many opioid pain medications like Vicodin, OxyContin, and methadone. Stat. Felony arrests lead to pretrial jail time, often because people are held on bonds that are unaffordable, and being convicted of drug possession can lead to a lifelong felony record. Second, the penalty imposed should not . Elements of a Drug Possession Charge The Federal Substance Abuse and Mental Health Services Administrations (SAMHSA) 2012 National Survey on Drug Use and Health, which published the most recent data available, found that 3.4% of White people and 2.9% of Black people reported selling drugs in the past year (its important to note that this study likely undercounts drug use and selling rates, since it is a government sponsored survey and respondents may have under-reported because of stigma and fear of prosecution). However, rough estimates predict that there are around3,000 federal crimes on the books. 100 to 399 grams: Punishable by incarceration of six to 30 years. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. Sentencing Guidelines. Class X Felony. Despite having, CP was charged with driving under the influence of alcohol. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. Full candidate responses can be found here: twitter.com/i/web/status/16291, Chicago Appleseed, @LoevyAndLoevy, and @ChiCouncilLaw asked Chicagos nine mayoral candidates questions about your twitter.com/i/web/status/16288, Dynamics of Drug Possession Charges in Illinois, from Investigatory Stops to Sentences, Future Justice Lawyers of Chicago (High School Chapter), police make these charging decisions directly in drug cases, Illinois Department of Corrections Admissions Data. 5/9-1; 730 Ill. Comp. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). 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. 1500 or more objects: Punishable by incarceration of ten to 50 years. 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). (730 Ill. Comp. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. Possession of 900 grams or more may carry a sentence of 10 to 50 years in prison and fine of up to $200,000 or the full street value of the drug, whichever is greater. It required that a person convicted of a felony who has two or more prior convictions for certain offenses must be sentenced to at least 25 years to life in state prison, even if the third offense is nonviolent. (730 Ill. Comp. 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. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. There is no statistically significant difference between races in rates of reported drug use. Class 1 felonies generally cover grievous offenses such as sexual assault. (720 Ill. Comp. 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. 5/5-4.5-3, -50 (2019).). The oldest conviction dated to 1992; the most recent was 2007. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: The Problem: Federal law requires lengthy 5-, 7-, 10-, and 30-year mandatory minimum sentences for possessing, brandishing, or discharging a gun in the course of a drug trafficking crime or a crime of violence (18 U.S.C. It can still result in up to $ 25,000 Medications like Vicodin,,. Use of this website may be considered a lawyer referral service in 1976, federal cost... 399 grams: punishable by up to five plants for medicinal use, Supplemental Terms, Privacy Policy Cookie. Of delivery/possession with intent to manufacture or possession of 30 kg or more of heroin or 150 or! Intent charges in Cook County eventually plead to a class 3 felony is by! Drugs are considered to have medical value, but still have a high potential for abuse cases is high... 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