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. Although there is no evidence that White and Black people use or sell drugs at different rates, both pedestrian/traffic stops and arrests are highly disparate in terms of their impact on Illinois Black communities. 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. ), Prison sentences for Class X felonies generally must be for at least six years and no more than 30 years (or between 30 and 60 years for an extended term), plus three years of mandatory supervised release. 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. A Schedule I controlled substance is a substance that: 1) has high potential for abuse; and 2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. 900 grams or more - imprisonment for 15-60 years. Zone C: Sentences range from 10 months to 18 months. Start here to find criminal defense lawyers near you. 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. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. 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. 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, -50 (2019).). Sami is an excellent advocate, and really fights for his clients. The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. This is the least serious class of felony, and includes offenses such as theft. In general, a judge must impose a sentence within the range for the relevant felony class. CRIME. Stat. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Class 1 felonies are punishable by 4 to 15 years in prison. Sentences for Drug Charges In Texas. For information, see Illinois Sale of Controlled Substance Laws. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. 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. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. The amount and type of drug will depend on federal and state laws. 5/5-4.5 (2019).). 5/9-1; 730 Ill. Comp. 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. These rebounding numbers of prison sentences, at a time when the number of people being sent to prison statewide is decreasing, mean that Illinois may be spending millions of dollars incarcerating people for possessing small amounts of drugs for years to come. Embark upon a path to recovery today. In some states, the information on this website may be considered a lawyer referral service. 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) 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. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. 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. The next level is misdemeanors, which are punishable by up to one year in jail. 5/5-4.5-30 (2020). Data Notes However, the penalties can vary greatly from state to state. Illinois law regulates marijuana separately. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. These consequences are particularly disproportionate with the possession of small amounts of drugs. 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. 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. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . 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. Selling 250 milligrams or more of substances containing LSD: base offense level 18. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. In a separate case, found guilty of possession of drugs, a third-degree . Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). Based on SPACs calculated the costs of a year of IDOC incarceration for 2018, 2019, and 2021, the costs to imprison people during this time was $54,351 per year. 570/402; 730 Ill. Comp. ), Prison sentences for Class 2 felonies in Illinois are generally between three and seven years (or between seven and 14 years for an extended term), plus up to two years of mandatory supervised release. 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. 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. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. 570/402, 730 Ill. Comp. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. The possession of 30 grams or more of pentazocine, methaqualone, ketamine, or PCP is punishable by incarceration of four to 15 years and a fine of up to $25,000. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Illinois Drug Laws. 900 or more grams: Punishable by incarceration of ten to 50 years. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. Our team is committed to open communication and developing a strong relationship with each of our clients. Subsequent offenses can be punished by a Class 3 felony. For example, in Illinois, possession of less than 1 gram of cocaine or heroin or morphine is a Class 4 felony, with a sentence of probation or 1 to 3 years in jail. The statutes related to particular crimes will specify the class of felony to which that crime belongs. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. Stat. You can find the current version of any statute mentioned in this article with this search tool. Northbrook, IL 60062. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). According to the United States Sentencing Commission (USSC),most people who commit federal crimes(drug related or otherwise): There are certain factors that dictate thesentencing guidelines for federal drug crimes. 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 Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. Stat. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. allowed for expungement of minor drug records and retroactive resentencing. A class 2 felony is punishable by: Class 3 Felony. Stat. 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 sentence for this charge is one year or more imprisonment. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 5/5-4.5-15, 5/5-7-1 (2020).). Stat. To determine the impacts of these charging decisions, we compared two groups of people. 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. 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. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. The following are Class 2 felony drug crimes in Illinois: Cannabis trafficking (2000 - 5000 grams) Possession of methamphetamine (5-15 grams) Child Pornography-Related Offenses. 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.