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. 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. 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. Stat. Stat. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. 5/2-7, 730 Ill. Comp. The court may double penalties for a repeat conviction under the Controlled Substances Act. Stat. Call our offices today at 630-305-0222. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. 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. Stat. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. 5/12-3.05, 5/16-1, 646/60 (2020).). 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. A conviction would have resulted in a revocation of his drivers license. Stat. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. (730 Ill. Comp. Those convicted for possession of 30 to 500 grams may petition for expungement. 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. 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. 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 . Fortunately, there have been some major changes in laws regarding marijuana use. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. Stat. 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. Marijuana Possession Laws in Georgia. 1500 or more objects: Punishable by incarceration of ten to 50 years. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Illinois law groups felonies into different classes for purposes of sentencing. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. 5/5-4.5-30 (2020). Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. (720 Ill. Comp. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. 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. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). copyright 2023 - Wolfe & Stec LTD, Woodridge IL. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. Illinois Compiled Statutes chapter 720, section 570, article II. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. 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. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. 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. Zone D: Sentences range from 15 months to life imprisonment. There is no statistically significant difference between races in rates of reported drug use. (730 Ill. Comp. Many opioid pain medications like Vicodin, OxyContin, and methadone. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). #220 Unfortunately, Illinois has a history of having these bills fail to come into law. Northbrook, IL 60062. 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. Unauthorized prescription. 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. ), (720 Ill. Comp. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). 5/12-3/3, 5/18-1, 5/24-3.5 (2020). A class 3 felony is punishable by: Class 4 Felony. Suite 716 Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. 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.. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. DUIs and hit-and-run accidents are two separate crimes in Illinois. Sentences for Drug Charges In Texas. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. 15 to 99 grams: Punishable by incarceration of four to 15 years. A class 1 felony is punishable by: Class 2 Felony. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. Illinois recognizes five classes of felony, in addition to first-degree murder. If you find yourself facing felony-level charges, it is imperative to be proactive by fighting back against your charges with the strongest defense possible. 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. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. Stat. 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). 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. 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. Get Involved&Donate. However, rough estimates predict that there are around3,000 federal crimes on the books. 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. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person Possessing drugs You may be charged with possessing an illegal substance. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Illinois law regulates marijuana separately. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. 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. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . 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. 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. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. 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. 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. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. 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. 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. 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. Copyright 2023, FederalCharges.com. 5/5-4.5-15, 5/5-7-1 (2020).). He is an absolute professional. 5/5-4.5-35 (2020). Each of the five types of felony charges in Illinois has its own penalties. The two major differences between drug . The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. The sentence for this charge is one year or more imprisonment. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. 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. 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. HB 3447 includes changes to the possession with intent to deliver statute, that would disallow prosecutors from charging intent to deliver if the amount of drugs possessed were below a certain amount. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Individuals convicted for marijuana-related offenses involving less than 30 grams and who committed no violent crimes are eligible for pardon after review by the. committing a felony (except for certain especially serious crimes) while armed with a gun. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. 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. 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. 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. Drug possession with intent to distribute. unauthorized possession of a blank or altered prescription form. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. Copyright 2022, Azhari, LLC - All Rights Reserved. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. However, one clue to the issue lies in plea bargaining. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. 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. 5/5-4.5-15, 5/5-4.5-50 (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. You can find more information in our article on Marijuana Laws in Illinois. 570/402, 730 Ill. Comp. 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). As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. For a second or subsequent offense, the offender will be charged with a felony, which is punishable by one to five years imprisonment and a maximum fine of $10,000. Stat. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. Federal Drug Sentencing Laws Bring High Cost, Low Return: Penalty increases enacted in 1980s and 1990s have not reduced drug use or recidivism Pew Charitable Trusts Public Safety Performance Project, August, 2015 "From 1980 to 2011 (the latest year for which comparable statistics are available), the average prison sentence imposed on drug . 750 N. Lake Shore Drive, Fourth Floor Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. 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. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. 5/12-3.05 (2020). 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. Zone B: Sentences range from 1 month to 15 months. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. Zone A: Sentences range from 0 months to six months. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). 600 to 1499 objects: Punishable by incarceration of eight to 40 years. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. Stat. (720 Ill. Comp. Stat. 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. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. ), In August 2020, Illinois enacted a law that makes it a Class 3 felony to attack a retail worker who's relaying the store's health and safety policies or the rules, guidelines, or recommendations issued by a public health agency during an emergency or disastersuch as requirements for wearing a face mask or practicing social distancing during the COVID-19 pandemic.