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. ), (720 Ill. Comp. Besides a prison sentence, having a felony on your record can make it difficult to get a job, obtain a professional license, or get into certain educational programs, such as law school or nursing school. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. 5/5-4.5-15, 5/5-7-1 (2020).). 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. Copyright 2022, Azhari, LLC - All Rights Reserved. possession of less than five grams of meth. 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. In general, a judge must impose a sentence within the range for the relevant felony class. 5/5-4.5-25 (2020). 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. Board of Bar Overseers Number #552110. Repeat offenses. 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. These consequences are particularly disproportionate with the possession of small amounts of drugs. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). (730 Ill. Comp. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. Sentence: 1. The victim was a minor child, over 60 years of age, or otherwise vulnerable. ), 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. 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. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. (720 ILCS 570/203.) In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Visitors to Illinois are allowed half those amounts. Board of Bar Overseers Number #552110. Many opioid pain medications like Vicodin, OxyContin, and methadone. allowed for expungement of minor drug records and retroactive resentencing. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). 2023 Sheppard Law Firm, P.C. 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. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. Get Involved&Donate. Start here to find criminal defense lawyers near you. 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 . Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. Drug crime sentences that reduce or eliminate prison time started taking off with the drug-court movements in the 1990s, when the criminal justice system was overloaded with cases, said. 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. 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. These drug laws also disproportionately impact Black Illinoisans. The attorney listings on this site are paid attorney advertising. 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. Selling 250 milligrams or more of substances containing LSD: base offense level 18. (730 Ill. Comp. 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. However, some individual felonies have sentence ranges that are different than the class as a whole. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. Stat. 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. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. Class X Felony. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. TX. 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 . That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Unauthorized prescription. Zone D: Sentences range from 15 months to life imprisonment. These crimes include: First Degree Murder; Rape; Forcible sex offenses in concert with another person; Forcible lewd and lascivious acts on a child under 14 years of age; Forcible penetration by a foreign object; and. Stat. 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. Suite 2140 But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. Mandatory parole of three years. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. Zone C: Sentences range from 10 months to 18 months. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. Illinois recognizes five classes of felony, in addition to first-degree murder. 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 Stat. #220 Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Please fill out the form below and we will be in touch soon. Class 1 felony possessions are the most serious and receive the harshest penalties. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Zone A: Sentences range from 0 months to six months. In 45% of pedestrian searches where drugs were recovered and 41% of traffic searches where drugs were recovered, police found under 2 grams of drugs less than a standard sugar packets worth. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. 750 N. Lake Shore Drive, Fourth Floor List of Misdemeanor Charges There are many types of misdemeanor charges, which include but are not limited to the following list of misdemeanor charges: Disorderly conduct Domestic violence Driving with a loud car stereo DUI Harassment Loitering Minor in possession of a controlled substance Obstructing traffic Open container Personal injury The . 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. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. 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. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Petty offenses are minor violations punishable only by fines. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. As mentioned above, Illinois has five felony classes. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. Illinois has 5 classes of felony charges. SS was at the NATO protest that took place in downtown Chicago. Other offenses that would have become misdemeanors under the bill included possession of less than 5 grams of cocaine; less than five pills of most Schedule III substances, such as Xanax and Valium; or less than 40 pills of oxycodone or similar painkillers. Special Drug Courts Privacy Policy | SiteMap. 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. (District of Central Illinois). The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . 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)). Stat. . 200 to 599 objects: Punishable by incarceration of six to 30 years. 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