Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. The final phrase was hastily added to both statutes in 2021 by SB825, prompted by the restoration of rights granted by Governor Pritzker to Roger Agpawa, Mayor of Markham, Illinois, whose right to hold office had been challenged based on his federal felony conviction. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. 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. Ownership of an illegal drug is a felony crime under Illinois law. 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. Illinois could change its laws at any time. 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. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. First Offense: Not more than 3 years. 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. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. Although the primer identifies some of the key cases and concepts, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary . Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. The seasoned Illinois drug crime defense attorneys at Wolfe & Stec, Ltd. will examine the facts, the individuals involved, and the evidence available in every situation and work with you to come up with an effective defense strategy and determine whether to take a case to trial. Technically, anyone who ends up getting arrested for a drug offense can be considered in violation of a federal law, but most people are only prosecuted on a federal level if: Some of the examples offederal drug chargesinclude: The above offenses apply to illegal drugs (such as heroin or cocaine) as well as legal drugs (such as Ativan or Percocet) that are used or distributed illegally. 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)). . 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 5. Illinois Compiled Statutes chapter 720, section 570, article II. ), (720 Ill. Comp. A Breakdown of Illinois Felony Charges and Penalties, Clergy or Priest Molestation and Sexual Abuse, Prior criminal convictions of the defendant, especially for similar crimes. Class X Felony. 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. Repeat offenses. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. Stat. 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. Stat. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. 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. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. 5/5-4.5-30 (2020). 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). Anyone convicted of first-degree murder must be sentenced to a minimum of 20 years and a maximum of 60 years in prison (or between 60 and 100 years for an extended term). (720 Ill. Comp. Zone B: Sentences range from 1 month to 15 months. As a result of this act: Although marijuana has been legalized, violations of the new law are still taken seriously in Illinois, as are DUI and other drug-crime offenses. (730 Ill. Comp. Northbrook, IL 60062. Finally, the most serious category of offenses is felonies. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. 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. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. 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 . Stat. 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. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. The attorney listings on this site are paid attorney advertising. 5/5-4.5-60, -65 (2019).). The other is Gloria Van Winkle. There is no statistically significant difference between races in rates of reported drug use. "There are 30 women serving life sentences in Kansas prisons. Steroids. The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. Zone D: Sentences range from 15 months to life imprisonment. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. The next level is misdemeanors, which are punishable by up to one year in jail. Tylenol with codeine. (720 Ill. Comp. 15 to 99 grams: Punishable by incarceration of four to 15 years. Drug courts provide offenders with an opportunity to receive treatment. This bill passed the house, but not the Senate. Start here to find criminal defense lawyers near you. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. Illinois statute groups possession with intent to deliver with delivery and manufacture of drugs, so that people charged with possession with intent face the same consequences as people charged with giving or selling drugs to another person. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. 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. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. The U.S. 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. Commissioners are nominated by the President and confirmed by the Senate. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. Chicago, Illinois 60611, The shared attitude toward abolishing money bond displayed by Chicagos mayoral candidates mirrors the democratic twitter.com/i/web/status/16302, Make sure to check this out before you vote in #Chicago on Tuesday! For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. Clearly, any felony-level charges should be taken very seriously. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. Chicago Appleseed Center for Fair Courts. Black. 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. Stat. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . 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. In Illinois (as in most states), crimes are considered felonies if the potential punishment includes at least a year in state prison (or the death penalty). Prescription stimulant medications like Adderall and Ritalin. Do Not Sell or Share My Personal Information. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. Indeed, the Illinois Controlled Substances Act authorizes the following penalties under state law: Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. This is important, as our findings challenge a common misconception that traffic stops regularly intercept large amounts of drugs moving to dealers to be sold in drug markets. 5/5-4.5-20 (2020). And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. ), 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. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. A class X felony is punishable by: Class 1 Felony. We are good listeners and provide honest answers to questions our clients have. To do so, we examined data from five sources (see Methodology section at the end of this report for full details): the Investigatory Stop Report data for the state of Illinois (2016 to 2019), the publicly- available dataset of all adult arrests made by the Chicago Police Department (2014 to 2022), the admission and release data from the Cook County Sheriffs Office (for 2021), and the publicly-available Illinois Department of Corrections (IDOC) admissions data for (2018 to 2021) as well as the Illinois Criminal Justice Information Authoritys Prison Admissions for Drug Offenses dashboard (prior to 2018). The number of federal crimes has long believed to be virtually uncountable. 5/5-4.5-3, -50 (2019).). ), (720 Ill. Comp. The amount and type of drug will depend on federal and state laws. up to 30 months of probation or conditional release. 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. ), 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. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. Base offense level 38 1 felony priority for most Class 1 felony any corresponding penalties... 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