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. 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 statutes related to particular crimes will specify the class of felony to which that crime belongs. However, rough estimates predict that there are around3,000 federal crimes on the books. A delivery of less than one gram of cocaine or heroin is a Class 2 felony, with a possible sentence of 4 to 15 years in prison, with possibility of probation. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. Once drug sale or trafficking is involved, penalties increase. However, one clue to the issue lies in plea bargaining. 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 Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. 5/9-1; 730 Ill. Comp. 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. 5/2-7, 730 Ill. Comp. 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. The way your family and friends see you can be permanently altered, not to mention the impact it can have on your future career or education. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. He is an absolute professional. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. Illinois law groups felonies into different classes for purposes of sentencing. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA Congressional Research Service Summary This is a chart of the maximum fines and terms of imprisonment that may be imposed as a consequence of conviction for violation of the federal Controlled Substances Act (CSA) and other drug supply and drug demand related laws. Chicago, IL 60602, 3601 Algonquin Road lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. The lowest level felonies are Class 4 (punishable by probation or 1-3 years in prison), followed by Class 3 (punishable by probation or 2-5 years in prison), Class 2 (punishable by probation or 3-7 years in prison, Class 1 (punishable in rare cases by probation; usually by 4-15 years in prison, and Class X (punished by 6-30 years in prison; no possibility of probation). 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. The next level is misdemeanors, which are punishable by up to one year in jail. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. 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: 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. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The length of imprisonment and the criminal fine that can be imposed depends on the amount of the Schedule I or Schedule II drug in your possession. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. About half of the federal prison population is serving time for drug offenses. The amount and type of drug will depend on federal and state laws. 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. The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. 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. 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. 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. He was caught with large amounts of cocaine, TH was charged with battery after being arrested for allegedly hitting an 8 year old child suffering from autism in front of two witnesses. Mandatory minimum sentences. 400 to 899 grams: Punishable by incarceration of six to 40 years. Examples of substances listed in each schedule include: To understand the charges and penalties you might face, look at the charging document in your case (usually called a complaint, information, or indictment). 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. 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.. Cocaine is by all measures the most common controlled substance. These drug laws also disproportionately impact Black Illinoisans. 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. Although many people arrested for drug allegations are found with small amounts, they are not always charged with low-level possession of a controlled substance. Depending on the choices made by police and prosecutors, people can be charged with possession with intent to deliver instead of just possession, which leads to harsher sentences. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. 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. 5/5-4.5-15, 5/5-7-1 (2020).). Schedule I drugs have the highest potential for abuse and no accepted medical use, while Schedule V drugs have the lowest abuse potential and a currently accepted medical use. Possession of illegal drugs in Illinois can mean jail or prison time, depending on the amount possessed, the type of drug, and a person's criminal record. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. 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. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. 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. Class 1 felony possession is the most serious of the possession felonies. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. (730 Ill. Comp. Each of the five types of felony charges in Illinois has its own penalties. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. Sami is an excellent advocate, and really fights for his clients. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. 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. 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. Stat. Marijuana Possession Laws in Georgia. 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). Instead, police are mostly stopping and arresting people likely to be users of substances who are carrying a small amount for personal use, rather than drug kingpins. In reality, big busts of drugs from traffic stops are exceedingly rare. In addition to the periods of incarceration listed above, a defendant convicted of a crime involving 100 grams or more may be fined an additional $200,000 or the street value of the drug, whichever is greater. (730 Ill. Comp. Finally, the most serious category of offenses is felonies. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. What dictates a federal drug crime from a state drug crimecan vary. Sentencing Guidelines. (720 Ill. Comp. A conviction would have resulted in a revocation of his drivers license. The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. 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. ), 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. Stat. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. Our office is in DuPage County (Woodridge, IL) we offer free consultations. Stat. 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. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. In some states, the information on this website may be considered a lawyer referral service. 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. 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. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. Some states primarily classify drug crimes according to drug schedules. What Does Second Degree Manslaughter Mean? She performed all field sobriety tests. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. 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). The attorney listings on this site are paid attorney advertising. 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. Data Notes 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. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. Fackrell, Ricky**. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. 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. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. ), 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. These consequences are particularly disproportionate with the possession of small amounts of drugs. 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. 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. 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. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. 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. What Is the Average Jail Time for Drug Possession? 924(c). Board of Bar Overseers Number #552110. ), (720 Ill. Comp. A Class 4 felony is usually punishable by: Crimes that are designated as felonies but aren't given a classification are considered Class 4 felonies. After a defendant pleads guilty or is convicted of a felony, the judge will impose one or more of the penalties allowed under Illinois law for that class of crime, including: Except for life sentences, every sentence of imprisonment must also include a period of mandatory supervised release (known as parole in most states) after the defendant has served the time in prison. Zone B: Sentences range from 1 month to 15 months. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. A class 1 felony is punishable by: Class 2 Felony. There are 43 levels of offenses. 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. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. Dupage County Lawyers Illinois recognizes five classes of felony, in addition to first-degree murder. 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). Possession of marijuana, under one ounce, is a misdemeanor. 5/5-4.5-25 (2020). The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. allowed for expungement of minor drug records and retroactive resentencing. 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. In this context, it's worth pointing out that battery includes any physical contact of a provoking or insulting nature, and that Illinois courts have long interpreted that to include deliberately spitting on someone. Use the online contact form or call 312-443-1233. Drug possession crimes can be of any class other than Class X. (730 Ill. Comp. Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. Cook County is the county that sends the most people to state imprisonment each year. Unfortunately, Illinois has a history of having these bills fail to come into law. 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. However, some individual felonies have sentence ranges that are different than the class as a whole. Zone B: Sentences range from 1 month to 15 months. The other is Gloria Van Winkle. 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. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. Illinois Compiled Statutes chapter 720, section 570, article II. 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. Stat. 5/5-4.5-10 (2020).). up to 30 months of probation or conditional release. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. 5/5-4.5 (2019).). However, the penalties can vary greatly from state to state. Due to his reputation for excellence, Attorney Nathan is available to consult with you and can explain how he is able to work within your budget. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. 5/5-4.5-45, -50 (2019).). 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. Many forms of assault and battery are prosecuted as class 3 felonies. Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second . Our team is committed to open communication and developing a strong relationship with each of our clients. ), First-degree murder is in its own class of felony in Illinois. As mentioned above, Illinois has five felony classes. The normal belongings of an illegal drug charge is a Class 4 felony offense. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . 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.. 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. Statistics based on prior month's data -- Retrieving Inmate Statistics. Stat. Delaying can only make your situation worse, so contact us online or call our offices today to schedule your free initial consultation at 630-305-0222. The counts represent the most recent totals published as of the last update to the dashboard. DRUG CRIMES. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. 5/5-4.5-35 (2020). In fact, anyone accused of manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance in Illinois may face: It is important to note, however, that the penalties mentioned so far are simply a small portion of the criminal consequences possible under Illinois law. 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. 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. Related to your state population is serving time for drug offenses charged with Class 4 offense... Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or possession marijuana. Totals published as of the more serious offenses if they are at least 14 years of age in,! Court for some drugs such as marijuana, a high potential for.... Policy and Cookie Policy is by all measures the most serious of the criminal history of the.. Products, such as marijuana, under one ounce, is a misdemeanor you can find morphine, methamphetamine fentanyl! A revocation of his drivers license the best criminal defense attorney you can find drug crime from a drug. Possession felony charge imprisonments for drug-related charges in Southern Illinois rose 56 % ; Central! Murder is in its own penalties any drug crime from a state drug vary! Section 570, article II there are around3,000 federal crimes on the Initial possession group initially... As burglary or drunk driving with children inside the vehicle, even of very small amounts of drugs from stops... 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