900 or more grams: Punishable by incarceration of ten to 50 years. Cocaine is by all measures the most common controlled substance. 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). Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. 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. A conviction would have resulted in a revocation of his drivers license. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. What Is the Average Jail Time for Drug Possession? 15 to 99 grams: Punishable by incarceration of four to 15 years. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. When facing charges for domestic violence, the impact on your life can be even more significant. Petty offenses are minor violations punishable only by fines. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. Driving under the influence of drugs and alcohol is a serious crime in and of itself but doing so in conjunction with an accident from which you flee the scene is even worse. White. 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. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. Selling 70 grams or more of substances containing PCP: base offense level 22. Elements of a Drug Possession Charge Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. She was pulled while driving home with several people in her car. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. Rolling Meadows, IL 60008, 633 Skokie Blvd Zone A: Sentences range from 0 months to six months. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and Zone C: Sentences range from 10 months to 18 months. It is not a matter of the judge's discretion in sentencing. Possessing drugs You may be charged with possessing an illegal substance. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. 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. Those convicted for possession of 30 to 500 grams may petition for expungement. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. 570/402, 730 Ill. Comp. 5. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). 7031 Koll Center Pkwy, Pleasanton, CA 94566. Class 1 felony possession is the most serious of the possession felonies. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. 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. The normal belongings of an illegal drug charge is a Class 4 felony offense. 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 Second Offense: Not more than 6 yrs. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. 5/12-3.05, 5/16-1, 646/60 (2020).). If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Class 1 felonies are punishable by 4 to 15 years in prison. 5/5-4.5-15, 5/5-7-1 (2020).). 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. Fine not more than $500,000 if an individual, $2 million if not an individual. 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 sentence for this charge is one year or more imprisonment. Marijuana Possession Laws in Georgia. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. Get Involved&Donate. But in the small minority of cases where they do search peoples things, police find drugs in only about 1-in-5 traffic stop searches (22%) and about 1-in-6 pedestrian searches (16%). Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). Does it matter who files for divorce first? Stat. Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. Even though the actual manufacture of methamphetamine is the most common drug manufacturing charge, some states do not limit charges to a completed product, and you could face drug manufacturing sentences of up to 99 years in prison and fines of $25,000 or more for supplies. A class 1 felony is punishable by: Class 2 Felony. 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. 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. Possession of 50 - less than 100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. ), (720 Ill. Comp. (730 Ill. Comp. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. Mr. Wolfe has tried over 300 cases to verdict and represents clients facing investigation or prosecution for a broad range of state and federal criminal offenses, including murder, embezzlement, sexual abuse, drugs, marijuana and white collar crimes. 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. Privacy Policy | SiteMap. In some states, the information on this website may be considered a lawyer referral service. However, the sentence can also be enhanced for "serious" crimes. There is no statistically significant difference between races in rates of reported drug use. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. About Our Agency; About Our Facilities; Historical Information Illinois law imposes additional penalties for repeat offenses. 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. The U.S. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. 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. Identify the name of the drugs specified in the document and consult the schedules explained above. 400 to 899 grams: Punishable by incarceration of six to 40 years. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). (720 Ill. Comp. (720 Ill. Comp. 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. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. [ Attorney Bio ]. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. Stat. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. 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 (730 Ill. Comp. #220 Stat. 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 term is often confused with "drug distribution," but there is a clear distinction that separates these charges. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. 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. 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. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. 5/5-4.5-30 (2020). 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. 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. 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. 100 to 399 grams: Punishable by incarceration of six to 30 years. 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.. They are punishable by anywhere between one year and life imprisonment. Cultivation of fewer than five plants is a misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. 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. DUIs and hit-and-run accidents are two separate crimes in Illinois. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. (730 Ill. Comp. 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. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. Our team is committed to open communication and developing a strong relationship with each of our clients. Embark upon a path to recovery today. Class 1 felonies generally cover grievous offenses such as sexual assault. Class 1 felonies include criminal sexual assault, possession of heroin, cocaine, and opioids, and theft of property valued at between $10,000 and $100,000. 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. 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) To get a sense of how that bill might affect drug arrests in Illinois, we looked at the dynamics of drug seizures, arrests, convictions, and incarcerations. In most of these stops, police do not search people or their belongings. Steroids. Each of the five types of felony charges in Illinois has its own penalties. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. Beyond the possibility of spending many years in prison, if convicted, there are numerous other long-term consequences of being a convicted felon in our state. 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). The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. Although these laws may have been designed to target people who sell drugs, most arrests made by Chicago Police are made for possession of relatively small amounts of controlled substances. ), 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. Class 2 felonies are punishable by 3 to 7 years in prison. They said. The . 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. 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. Once drug sale or trafficking is involved, penalties increase. 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. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. To help this process, each crime is assigned a base offense level. Finally, the most serious category of offenses is felonies. Federal cases are serious. 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. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. 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. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. To 30 years in prison not served a significant amount of time as! Punishable only by fines which are set out in the document and consult the schedules explained above sexual.... 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