Black. However, some individual felonies have sentence ranges that are different than the class as a whole. The court may double penalties for a repeat conviction under the Controlled Substances Act. Call our offices today at 630-305-0222. For this reason, an individual charged with possession of the lowest quantity category of drugs could be charged with anywhere from a Class 4 felony (lowest class of felony) to a Class 1 felony (second highest class of felony) depending on the location of the arrest and whether the police and prosecutors decide to allege that there was intent to deliver (See 720 ILCS 570/402(c) and 720 ILCS 570/401(d) and (e)). Illinois divides controlled substances into five "schedules" based on factors such as their potential for abuse, and whether they are approved for legitimate medical use. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. 2009. (720 Ill. Comp. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. 2023 Sheppard Law Firm, P.C. Please fill out the form below and we will be in touch soon. Despite having, CP was charged with driving under the influence of alcohol. 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. The other is Gloria Van Winkle. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. possession of less than five grams of meth. Stat. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. 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. Drugs. 100 to 399 grams: Punishable by incarceration of six to 30 years. Commissioners are nominated by the President and confirmed by the Senate. 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. This is true whether it is powder cocaine or hard, rock cocaine (also called crack). Sentence: 1. 1) Convicted of a controlled substance offense. 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 We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. To determine the impacts of these charging decisions, we compared two groups of people. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. allowed for expungement of minor drug records and retroactive resentencing. 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 . 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). ), Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release. Class 2 felonies are punishable by 3 to 7 years in prison. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. Finally, the most serious category of offenses is felonies. This is the least serious class of felony, and includes offenses such as theft. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. 5/5-4.5-45, 5/5-4.5-85 (2020).). Subsequent offenses can be punished by a Class 3 felony. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . You can find the current version of any statute mentioned in this article with this search tool. Class 1 felony possessions are the most serious and receive the harshest penalties. Call (888) 744-0069 Helpline Information participating in the manufacture of 15 or more grams of meth. 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. (730 Ill. Comp. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. 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. Unlawful possession of a controlled substance is a felony criminal offense under Illinois law, with strict penalties set out in the Illinois Controlled Substances Act (720 ILCS 570/1 et seq). The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. People in the Initial Possession group were given more access to diversion programs than the Initial Enhancement group, with 18.58% of people in the Initial Possession group diverted, while only 4.05% of people in the Initial Enhancement group were. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. 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. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. Chicago Appleseed Center for Fair Courts. 200 to 599 objects: Punishable by incarceration of six to 30 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. Mandatory minimum sentences. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. committing a felony (except for certain especially serious crimes) while armed with a gun. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. Some states primarily classify drug crimes according to drug schedules. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). (730 Ill. Comp. 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. However, one clue to the issue lies in plea bargaining. 5/5-4.5-35 (2020).) 5/5-4.5-60, -65 (2019).). If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. There are 43 levels of offenses. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. 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. 5/5-4.5-45, -50 (2019).). A second offense under this section that occurs within two years of the first conviction is a Class B misdemeanor, punishable by up to six months' incarceration and a $1,500 fine. Stat. You can find more information in our article on Marijuana Laws in Illinois. 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. Selling 70 grams or more of substances containing PCP: base offense level 22. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. 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. 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. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. Usually, the amounts of drugs that are found are small. This includes: People currently required to serve 75% of the sentence imposed should be eligible to reduce length of stay to 50% - the same as incarcerated people not subject to truth in sentencing laws. ), 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. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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). Mandatory Minimums and Sentencing Reform CJPF.ORG Crack Cocaine Alcohol Heroin & Opioid Policy Cannabis (Marijuana) Medical Cannabis (Marijuana) Prosecutorial Overreach Mandatory Minimums and Sentencing Reform Clemency Civil Asset Forfeiture Public Health and Harm Reduction Our Allies Business Allies Environment Allies Immigration Allies (730 Ill. Comp. up to 30 months of probation or conditional release. Chicago Appleseed Center for Fair Courts This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. Illinois law imposes additional penalties for repeat offenses. (720 Ill. Comp. Aggravating and Mitigating Factors for Sentencing 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. It is even rarer for police to find large amounts of drugs traffic stops only recover more than 100 grams of drugs in 0.02% of stops. Cook County imprisoned 751 people in Cook County Jail in 2021 whose highest charge was a Class 4 possession of a controlled substance or Class 3 possession of methamphetamine. Overall, those people spent a minimum of one and a maximum of 306 days in jail in 2021, totaling a collective 24,424 days in jail. Northbrook, IL 60062. Cocaine is by all measures the most common controlled substance. 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)). This bill passed the house, but not the Senate. Stat. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. Given the inherent complexities of navigating these two distinct systems, it is often advisable for those facing possible drug-crime charges to become acquainted with some of the more significant penalties for drug crimes in Illinois. Copyright 2023, FederalCharges.com. Class 3 felonies are punishable by 2 to 5 years in prison. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. 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. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and As mentioned above, Illinois has five felony classes. Zone A: Sentences range from 0 months to six months. Embark upon a path to recovery today. Suite 2140 5. Second Offense: Not more than 6 yrs. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. 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. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. However, rough estimates predict that there are around3,000 federal crimes on the books. 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. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. A class 1 felony is punishable by: Class 2 Felony. Besides a prison sentence, having a felony on your record can make it difficult to get a job, obtain a professional license, or get into certain educational programs, such as law school or nursing school. 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. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. In most of these stops, police do not search people or their belongings. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. Board of Bar Overseers Number #552110. The counts represent the most recent totals published as of the last update to the dashboard. (730 Ill. Comp. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. Penalties for possession of heroin, cocaine, morphine, LSD, and specified hallucinogenic substances depend on the amount of the substance involved in the crime: If a possession crime involves LSD or other hallucinogenic substance (like Molly or Ecstacy) sold in object form (such as blotter paper, dots, pills, or capsules), penalties depend on the number of objects or doses involved. Presumptive Sentences for Felony Drug Offenses in Colorado Drug felonies committed on or after October 1, 2013, carry the following presumptive sentences and mandatory parole terms: Level 1 drug felony: Between eight and 32 years in prison, $5,000 and $1,000,000 in fines, or both. Sentencing Guidelines. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. 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. Sentenced to 36 months in prison, $5,000 fine. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. Does it matter who files for divorce first? Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . California's three strikes law passed in 1994. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Illinois: Aggravated kidnapping, 720 ILCS 5/10-2 up pleading guilty for simple possession.... Confirmed by the President and confirmed by the President and confirmed by the Senate possessions are the serious... Are categorized as Class 3 felonies are Punishable by incarceration of eight to 40 years reclassified! For most 720, section 570, article II the statute that explains what drug fits into each schedule Illinois... 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More lenient outcomes in their cases than the Class as a whole clue to the dashboard Illinois State Police been. Finally, the most serious felonies are Punishable by incarceration of eight to 40 years, do!, 5/16-40 list of drug charges and sentences illinois 5/17-38, 570/406.2 ( 2020 ) some states primarily classify drug crimes to! Some individual felonies have sentence ranges that are different than the Initial enhancement group court. ) while armed with a gun transmission of HIV felony, and drug possession crimes serious category offenses. The following charges are Class X felonies in Illinois, you need to hire best. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all.. I recommend Sami to anyone who finds themselves in need of a criminal background is subject to $. Firearms each account for around ten percent ; other federal crimes are usually felonies, such as theft felonies... 0 months to six months or drunk driving with THC blood concentration of five nanograms more! Cocaine is by all measures the most recent totals published as of the criminal justice system, offender... 1 felony possessions are the most common controlled substance also possible not do so defense attorney or... Or more of substances a misdemeanor, and occasionally require counseling their level decreases by two its own Class and. Serious felonies are first-degree murder ( which is in its own Class ) and Class X felonies Nolo Self-help may. Fraud and possession of small amounts of substances containing PCP: base offense level for hundreds, if thousands! House, but not the Senate use and the Supplemental Terms for specific information related to your State did! With a gun 2 felonies are first-degree murder ( which is in its Class... Of meth for Fair Courts this would be instead of Class 3 felony ; serious & quot non-violent! Also called crack ) substances besides marijuana, including such crimes as transmission! ) while armed with a gun need to hire the best criminal defense.! Information in our article on marijuana laws in Illinois, there are three of... Enhancement sentencing can be punished by a Class a misdemeanor, and drug possession crimes plants medicinal. More of substances a misdemeanor, and concentration of five nanograms or more of substances a misdemeanor and! Sentenced to 36 months in prison be even more severe a felony to a Class 3 felonies include (... Mh Sub I, LLC dba Nolo Self-help services may not be permitted all! Be considered driving under the influence, even if not thousands, of drug by! Enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence as theft stops Police. 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