Usually, the amounts of drugs that are found are small. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. 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 . Methamphetamine. LA Rapper Sang About Stealing Unemployment Benefits, Facing 20 Years In Prison, sentencing guidelines for federal drug crimes, Credit Suisse Busted By Feds In Cocaine and Cash Laundering Scheme, Nikola Motors Founder Trevor Milton Faces Federal Fraud Charges, Disney World Workers Busted in Child Pornography Sting, TV Celebrity Josh Duggar Files Appeal After Getting 12 Years For Child Porn, Oscar-Winning Director Paul Haggis Arrested in Italy For Sexual Assault, They are caught selling or manufacturing drugs, They are caught by a federal officer or on federal property (such as caught by the DEA or caught at a national monument), They are caught by the help of an informant, There is a decision or agreement made between the state prosecutors and federal prosecutors. Zone A: Sentences range from 0 months to six months. (730 Ill. Comp. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. 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. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. unlawful purchase (or attempted purchase) of a firearm. 15 to 199 objects: Punishable by incarceration of four to 15 years. 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. (District of Central Illinois). 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. Possession of marijuana, under one ounce, is a misdemeanor. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. The court may double penalties for a repeat conviction under the Controlled Substances Act. 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 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. 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. 5/5-5-3 (2019).). 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. The statutes related to particular crimes will specify the class of felony to which that crime belongs. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. 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. 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. 5/5-4.5-15, 5/5-7-1 (2020).). SS was at the NATO protest that took place in downtown Chicago. Stat. 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. 5/5-4.5-25 (2020). 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). Stat. Stat. 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. Class X Felony. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. The sentence will be life in prison or death penalty when certain aggravating factors are present. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. 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. The oldest conviction dated to 1992; the most recent was 2007. one to three years in prison (or three to six years for an extended term), plus one year of supervised release, periodic imprisonment for a term of up to 18 months, and/or. (720 Ill. Comp. Clearly, any felony-level charges should be taken very seriously. 924(c). 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. Get Involved&Donate. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. 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. Convicted and sentenced to death for the killing of a prisoner in a federal prison. 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. Mandatory parole of three years. TX. 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. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. Possession of 900 grams or more may carry a sentence of 10 to 50 years in prison and fine of up to $200,000 or the full street value of the drug, whichever is greater. (730 Ill. Comp. (730 Ill. Comp. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. Zone C: Sentences range from 10 months to 18 months. 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. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. In general, a judge must impose a sentence within the range for the relevant felony class. 750 N. Lake Shore Drive, Fourth Floor Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. 15 to 99 grams: Punishable by incarceration of four to 15 years. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. 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 Fine not more than $250,000 if an individual, $1 million if not an individual. (730 Ill. Comp. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug 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. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. There are 43 levels of offenses. Any amount . Sentences for Drug Charges In Texas. Illinois must change its penalties to reduce the harm caused by these arrests and prosecutions of people likely to be substance users, so that felony prosecutions and convictions are not a barrier to people getting the treatment and support that they want and need. Ebron, Joseph +. 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 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). 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. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. Sami is an excellent advocate, and really fights for his clients. The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony. Only the Attorney General of the United States has the authority to seek the death penalty. A class 1 felony is punishable by: Class 2 Felony. Finally, the most serious category of offenses is felonies. Zone B: Sentences range from 1 month to 15 months. Suite 716 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. However, the sentence can also be enhanced for "serious" crimes. They have the highest potential to be abused and no legitimate medical use in the U.S. See all 50 state penalties for involuntary manslaughter in detail below. For example, in Illinois, possession of less than 1 gram of cocaine or heroin or morphine is a Class 4 felony, with a sentence of probation or 1 to 3 years in jail. Given the severity of consequences a drug-crime conviction carries, it is more important than ever to seek expert legal counsel as soon as possible. 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. 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. 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. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. 3d 24 at 29, (1990)), being considered evidence of intent. 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. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. Stat. Steroids. 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. allowed for expungement of minor drug records and retroactive resentencing. In 2021, state representatives passed a proposal, House Bill 3447, to help people struggling with drug addiction receive community drug treatment instead of putting them in jail. 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