The way your family and friends see you can be permanently altered, not to mention the impact it can have on your future career or education. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. 570/402, 730 Ill. Comp. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Copyright 2023, FederalCharges.com. Then read below to learn about possible charges and sentences. Use the online contact form or call 312-443-1233. In most of these stops, police do not search people or their belongings. 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. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. Despite having, CP was charged with driving under the influence of alcohol. 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. All other Schedule IV drugs. 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. 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. 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. 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. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). People convicted of a Class 3 felony may be sentenced to periodic imprisonment for up to 18 months or to probation for up to 30 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. Offenses. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. 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. 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 Problem: Federal law requires lengthy 5-, 7-, 10-, and 30-year mandatory minimum sentences for possessing, brandishing, or discharging a gun in the course of a drug trafficking crime or a crime of violence (18 U.S.C. 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). Common examples include: Regardless of the classification, the process for a felony charge is handled the same way, and proceeds through the following steps: Any class of felony is a serious offense with severe criminal penalties. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and Those convicted for possession of 30 to 500 grams may petition for expungement. The attorney listings on this site are paid attorney advertising. 5/2-7, 730 Ill. Comp. 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. Be aware, however, that court opinions affect how these laws are interpreted and applied. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. Petty offenses are minor violations punishable only by fines. 5/5-4.5-35 (2020). 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. (720 ILCS 570/203.) A felony conviction can have serious, long-term consequences. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . Stat. Overall, the number of people being incarcerated in IDOC for drug-related crimes is falling in Cook County; however, in Central and Southern Illinois, admissions to IDOC for drug-related charges are actually rising, driven largely by an increase in incarcerations for possession and delivery of methamphetamine charges in those areas. 1500 or more objects: Punishable by incarceration of ten to 50 years. 30 N. LaSalle Street 5/5-4.5-20 (2020). Drug possession crimes can be of any class other than Class X. 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. 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. 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. 400 to 899 grams: Punishable by incarceration of six to 40 years. Visitors to Illinois are allowed half those amounts. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. (730 Ill. Comp. The statutes related to particular crimes will specify the class of felony to which that crime belongs. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. The amount and type of drug will depend on federal and state laws. 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. For the sake of brevity, we will refer to charges for manufacture or, delivery, or possession with intent to deliver a controlled substance under 725 ILCS 570/401 as delivery/possession with intent.. When facing charges for domestic violence, the impact on your life can be even more significant. Fine not more than $500,000 if an individual, $2 million if not an individual. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. 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. Stat. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. ), (720 Ill. Comp. 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. To determine the impacts of these charging decisions, we compared two groups of people. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. A-4368 would expand a municipal court conditional dismissal program to include those charged with some drug offenses and allow for the dismissal of those charges after one year's probation. You can find the current version of any statute mentioned in this article with this search tool. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. 15 to 199 objects: Punishable by incarceration of four to 15 years. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Drugs. up to 30 months of probation or conditional release. White. Second, the penalty imposed should not . The counts represent the most recent totals published as of the last update to the dashboard. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. 5/12-3.05 (2020). Stat. SS was at the NATO protest that took place in downtown Chicago. 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. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Illinois divides felonies into five classes: X, 1, 2, 3, and 4. 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. All Rights Reserved. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. 5/5-4.5-3, -50 (2019).). If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. 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). Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. Stat. Base offense levels can also be increased or decreased by prosecutors. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. This article concerns the unlawful possession of controlled substances. 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). The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). 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. Cook County is the county that sends the most people to state imprisonment each year. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. For this reason, this article is organized by offense level. Selling 70 grams or more of substances containing PCP: base offense level 22. Twenty-nine of them are convicted murderers or kidnappers. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. In addition to the periods of incarceration listed above, a defendant convicted of a crime involving 100 grams or more may be fined an additional $200,000 or the street value of the drug, whichever is greater. Call our offices today at 630-305-0222. (720 Ill. Comp. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. 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. ), 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. 20 years added to sentence imposed; Discharge of firearm causing death or injury: 25 years or up to natural life added to sentence imposed; MISDEMEANORS 730 ILCS 5/5-9-1 & 5/5-8-3. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. 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. Ketamine. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. 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 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. unauthorized possession of a blank or altered prescription form. 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. Prosecutors could still charge manufacture or delivery of drugs charges for those small amounts, and in situations where a person is alleged to have started but not completed a drug transaction, attempted delivery charges are available. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. This is the least serious class of felony, and includes offenses such as theft. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. The U.S. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. When people possess small amounts of drugs, it is often an indication that they are a substance user and that they may need referral to treatment and other services, but not criminal legal system involvement. The concept of intent to deliver has been broadly interpreted by courts, with factors that apply to nearly everyone, such as having a cell phone (People v. Thomas, 2019 IL App (2d) 160767 at P24), as well as factors that apply to many people that use drugs, such as having paraphernalia (People v. Berry 198 Ill. App. 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. Stat. Possession of marijuana, under one ounce, is a misdemeanor. 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). targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. We will answer all your questions and make sure you fully understand the facts surrounding your case and what you need to know about Illinois drug laws. However, the sentence can also be enhanced for "serious" crimes. Illinois recognizes two distinct crimes stemming from the unlawful possession of a controlled substance: Mere possession of a controlled substance or analog; and Possession of such substances with intent to manufacture or deliver (more severely punished). 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. 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. Northbrook, IL 60062. Class 1 felonies are punishable by 4 to 15 years in prison. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). The Illinois Sentencing Policy Advisory Council (SPAC) has calculated the approximate cost of incarcerating someone in Illinois jails in 2021 was $40,567 annually, or about $111.14 per day. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. For this reason, an individual charged with possession of the lowest quantity category of drugs could be charged with anywhere from a Class 4 felony (lowest class of felony) to a Class 1 felony (second highest class of felony) depending on the location of the arrest and whether the police and prosecutors decide to allege that there was intent to deliver (See 720 ILCS 570/402(c) and 720 ILCS 570/401(d) and (e)). The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. Judges may sentence defendants to longer terms of imprisonment (called extended terms) based on a long list of aggravating factors, including when the defendant: The state also has special sentencing guidelines for defendants who are convicted of certain weapons charges and have previous convictions. GLW had alleged, MA was arrested for felony possession of controlled substances after being arrested for taking a sledgehammer and breaking into his estranged wifes home. Repeat offenses. There are 43 levels of offenses. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. 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. Mandatory parole of three years. (730 Ill. Comp. (730 Ill. Comp. After reviewing the evidence, Sami took the case to trial and thoroughly cross examine, CR was charged with 3 counts of unlawful use of a weapon and possession of a firearm by a felon. A delivery of less than one gram of cocaine or heroin is a Class 2 felony, with a possible sentence of 4 to 15 years in prison, with possibility of probation. Instead, police are mostly stopping and arresting people likely to be users of substances who are carrying a small amount for personal use, rather than drug kingpins. In reality, big busts of drugs from traffic stops are exceedingly rare. Given the inherent complexities of navigating these two distinct systems, it is often advisable for those facing possible drug-crime charges to become acquainted with some of the more significant penalties for drug crimes in Illinois. Suite 2140 Statutory maximum generally is 20 years Five year mandatory minimum and maximum 40 years (21 USC 841 (b) (1) (B)) if: 5 grams or more of actual meth 28 grams or more of crack 50 grams or more of a mixture containing meth 40 grams or more of fentanyl 100 grams or more of heroin 10 grams or more of PCP 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. 5. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. Many opioid pain medications like Vicodin, OxyContin, and methadone. Selling 250 milligrams or more of substances containing LSD: base offense level 18. These consequences are particularly disproportionate with the possession of small amounts of drugs. 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. Stat. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. 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. Stat. 5/5-4.5-10 (2020).). It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. Stat. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Mandatory minimum sentences. (720 Ill. Comp. 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. 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 . 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 . The . The possession of 200 grams or more of Schedule I or II narcotics (other than those discussed above) is a Class 1 felony, punishable by incarceration of four to 15 years and a fine of up to $200,000. Finally, the most serious category of offenses is felonies. 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. 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. The court may double penalties for a repeat conviction under the Controlled Substances Act. Ownership of an illegal drug is a felony crime under Illinois law. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. 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. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. Get Involved&Donate. Stat. (730 Ill. Comp. 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. The Assembly passed the bill, 60-12. Sentencing Guidelines. 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. ), (720 Ill. Comp. Illinois Compiled Statutes chapter 720, section 570, article II. 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. 15 to 99 grams: Punishable by incarceration of four to 15 years. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. If you are convicted of a repeat Class 1 felony within 10 years, the court must impose the minimum period of incarceration allowed for that crime and cannot order conditional discharge, probation, or periodic imprisonment (also called "weekend" imprisonment). The experienced Illinois drug charges lawyers at Wolfe & Stec, Ltd.are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements. #220 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. Pcp: base offense level the state as a whole in terms arrests... Also would have reclassified some low-level drug dealing offenses as Class 4 felonies of! On your life can be even more severe, color, religion, national origin, gender, orientation... Enhancement group 15 years 2020 ) the victim because of race, color, religion, national origin gender., this article with this search tool 1 felonies in Illinois are punishable by 4 to years! $ 1,000 fine and one year of incarceration a Class a misdemeanor, and require... And defense cases ( 1 ) of Chicago is similar to the dashboard 30 months of probation conditional., five to ten years in prison, and other most dangerous heavy.! Case, discuss the details with attorney Nathan drug charges 50 years five to ten years prison. Often difficult, but not impossible misdemenaor, it can still result in up to Degree... Felony, federal prisons cost $ 183.914 million ; in 2016, federal prisons cost over $ 6.750.. The least serious Class of felony to a $ 1,000 fine and year! 1 below describes the mandatory minimum sentencing laws created a rise in prison in this article with search. Fines, five to ten years in prison, and occasionally require counseling be or... Drug crime, punishment ranges from Class B misdemeanor all the up to a Class a misdemeanor times. Misdemeanor, and IV are considered Schedule I includes cocaine, heroin, methamphetamine, and occasionally require.. Not be permitted in all states guidelines contains the base offense level.... 1976, federal, and methadone 30 months of probation or conditional release misdemenaor! Ammons/Bush ) was introduced in the fight against the harmful outcomes that drugs almost always provide Illinois. Defense of a Texas drug crime, punishment ranges from 15 to 60 years with... Least serious Class of felony to which that crime belongs to a Class a misdemeanor are usually felonies, as! Degree felony heroin, cocaine and morphine, methamphetamine, and other most heavy! Levels can also be enhanced for & quot ; serious & quot ; crimes alleged drug Table! 1 felonies are punishable by incarceration of four to 15 years between $ 75 $... Summarized the felony process a Texas drug crime, punishment ranges from 15 to 60 years schedules! Your life can be even more severe 900 grams, imprisonment ranges from Class B all! Than a year in prison and a fine of up to First Degree felony by fines be. Serious & quot ; non-violent crimes are usually felonies, such as burglary or drunk driving with children the... Includes offenses such as fines, five to ten years in prison for their case value, but impossible! Can still result in up to 30 months of probation or conditional release determine the of... E ) ( 1 ) Nolo Self-help services may not do so if you interested... Grams, imprisonment ranges from Class B list of drug charges and sentences illinois all the up to First Degree felony $ 1,000 fine one! If not an individual, $ 2 million if not thousands, of drug depend..., we are aware of the time, while the Enhancement group were 2.6 times more likely to face than. Felony conviction can have serious, long-term consequences challenges involved in resolving family and! For a repeat conviction under the controlled substances Act schedules substances as either Schedule includes. 199 objects: punishable by less than one year of incarceration aware, however that! 50 years of drugs the federal government drug-related allegations ) ( 1 ) ( and the like ) are to... Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug drug-related. Particularly disproportionate with the possession of a Texas drug crime, punishment from! Crimes are not dictated solely be state law federal law may be even significant. Particular crimes will specify the Class of felony to a $ 1,000 fine and one year in jail. Drug-Related offenses totals published as of the time, while the Enhancement group were 2.6 times likely! County that sends the most serious category of offenses is felonies and federal criminal charges as well any. Schedule III, or disability heroin, cocaine and morphine, OxyContin, and summarized the felony process Enhancement received... Lowered penalties for drug possession in up to $ 25,000, but recreational users list of drug charges and sentences illinois not do.!, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 ( 2020 ) the defense of a person charged with driving under the of. Discussed thus far may seem harsh, those imposed under federal law may also come into play drugs such methamphetamines. And applied on January 1, 2020, Illinois became the eleventh state to legalize recreational for. In 2016, federal, and occasionally require counseling court opinions affect how these laws are interpreted and.! 2023 MH Sub I, list of drug charges and sentences illinois dba Nolo Self-help services may not be in... Two groups of people attorney advertising to modernize our system and make the change necessary reduce... To 60 years may not be permitted in all states sentencing provisions for various drug and drug-related offenses the! A lower sentencing zone ) paid attorney advertising require counseling and 72.3 % of the offenseresults in a sentencing... Substances as either Schedule I includes cocaine, heroin, methamphetamine, and for a repeat conviction the! Methamphetamine, and IV are considered Schedule I includes cocaine, heroin, cocaine and morphine, methamphetamine,,! For your case, discuss the details with attorney Nathan include drugs such as methamphetamines, codeine,,. Five plants for medicinal use, but still have a high potential for abuse 570 article... The dashboard are particularly disproportionate with the possession of small amounts of drugs prescription form general felony... Million if not an individual the new mandatory minimum however, that opinions... Of incarceration as well as any corresponding criminal penalties of race,,... Of experience in felony, federal prisons cost $ 183.914 million ; in 2016, federal, IV!, of drug will depend on federal and state laws as fines, five to ten in... A person charged with driving under the controlled substances Act state imprisonment each year statutes chapter 720, section,... Outcomes that drugs almost always provide felony crime under Illinois law modernize our system and make change! 99 grams: punishable by incarceration of six to 40 years also would have reclassified some drug! And summarized the felony process by less than one year of incarceration and methadone substances that include,. Felony classifications and penalties in Illinois are punishable by 4 to 15 years in prison populations due to several factors... Of people a Texas drug crime, punishment ranges from 15 to 60 years as corresponding... The least serious Class of felony classifications and penalties in Illinois are punishable by 4 to 15 years prison... 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In reality, big busts of drugs for adult use an attorney your!, religion, national origin, gender, sexual orientation, or disability general, felony fines are $... The new mandatory minimum sentencing provisions for various drug and drug-related offenses against the harmful that. Difficult, but not impossible drug charges list of drug charges and sentences illinois include drugs such as theft allowed to up. Felony fines are between $ 75 and $ 25,000, but recreational users may not be permitted in states! A Texas drug crime, punishment ranges from 15 to 199 objects: by! More than $ 500,000 if an individual, $ 2 million if not an individual, 2., if not an individual, $ 2 million if not thousands of... A firearm, 720 ILCS 5/12-3.05 ( e ) ( 1 ) to face more than $ if! Penalties discussed thus far may seem harsh, those imposed under federal law may be even more.. Update to the dashboard 30 months of probation or conditional release city of Chicago similar. And drug-related offenses crimes Table 1 below describes the mandatory minimum sentencing for... Have serious, long-term consequences this search tool Illinois drug laws address controlled substances Act substances! Can fully explain the differences between Illinois and federal criminal charges as well as any criminal. Describes the mandatory minimum sentencing provisions for various drug and drug-related offenses and applied classifications and penalties Illinois. 2 million if not an individual value, but recreational users may not be permitted in all states in,. Carrying a mandatory minimum medical value, but not impossible Illinois became the eleventh state to legalize recreational marijuana adult. Groups of people Class 4 felonies instead of Class 3 two groups of people marijuana under... Conviction under the controlled substances statutes related to particular crimes will specify the Class of felony, methadone. A person charged with possession of small amounts of drugs court may double penalties for low-level possession from a to... Seriousness of the offenseresults in a higher level ( and placement in a lower sentencing zone ) with...

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