Zone C: Sentences range from 10 months to 18 months. However, just like Illinois law, federal drug laws are extremely complex and difficult to navigate, which is why it is typically best to seek the counsel of an experienced drug-crime defense attorney if you are facing drug charges. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. As mentioned above, Illinois has five felony classes. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. Finally, the most serious category of offenses is felonies. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. After that, in descending order of seriousness, are Class 1 through Class 4. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. 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. 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). Many of these crimes involve drugs. Marijuana Possession Laws in Georgia. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. The U.S. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. committing a felony (except for certain especially serious crimes) while armed with a gun. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. They have the highest potential to be abused and no legitimate medical use in the U.S. She performed all field sobriety tests. Possessing drugs You may be charged with possessing an illegal substance. 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. Mandatory parole of three years. 900 grams or more - imprisonment for 15-60 years. 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. 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. 5/5-4.5-35 (2020).) He is an absolute professional. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Zone B: Sentences range from 1 month to 15 months. Sentenced to 36 months in prison, $5,000 fine. These effects are felt most acutely by Black people charged with crimes. 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. possession of less than five grams of meth. Zone A: Sentences range from 0 months to six months. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. up to 30 months of probation or conditional release. First Offense: Not more than 3 years. Penalties for possession of heroin, cocaine, morphine, LSD, and specified hallucinogenic substances depend on the amount of the substance involved in the crime: If a possession crime involves LSD or other hallucinogenic substance (like Molly or Ecstacy) sold in object form (such as blotter paper, dots, pills, or capsules), penalties depend on the number of objects or doses involved. The Assembly passed the bill, 60-12. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. 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. 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. The other is Gloria Van Winkle. Illinois Sale of Controlled Substance Laws, Do Not Sell or Share My Personal Information, 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, Schedule V drugs: medicines that have very small amounts of specified narcotic drugs. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. (730 Ill. Comp. 100 to 399 grams: Punishable by incarceration of six to 30 years. 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. 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. 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). The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. The theft count was a class 4 felony punishable by up to 3 years in, TM was arrested and charged with his second offense of driving under the influence of alcohol. (720 Ill. Comp. Stat. 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. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). 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 . The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. (720 Ill. Comp. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. 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. 200 to 599 objects: Punishable by incarceration of six to 30 years. 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. 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). Drug possession with intent to distribute. 924(c). 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. PUNISHMENT. The following are Class 2 felony drug crimes in Illinois: Cannabis trafficking (2000 - 5000 grams) Possession of methamphetamine (5-15 grams) Child Pornography-Related Offenses. Privacy Policy | SiteMap. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. 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. All Rights Reserved. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). 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. Suite 716 Ebron, Joseph +. Stat. 1) Convicted of a controlled substance offense. 2009. 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. Stat. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. [ Attorney Bio ]. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. What Does Second Degree Manslaughter Mean? 5/5-4.5-40 (2020).). "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. 1500 or more objects: Punishable by incarceration of ten to 50 years. To help this process, each crime is assigned a base offense level. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. There is a growing belief that people with drug problems do not benefit from being under the criminal legal system control while they attempt to recover from addiction. California's three strikes law passed in 1994. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. All states regulate and control the possession of drugs or controlled substances, though each differs in its exact definition and the penalties for their possession. Copyright 2022, Azhari, LLC - All Rights Reserved. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. Some states primarily classify drug crimes according to drug schedules. Class 3 felonies are punishable by 2 to 5 years in prison. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. She was pulled while driving home with several people in her car. Twenty-nine of them are convicted murderers or kidnappers. 5/5-4.5-3, -50 (2019).). The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. 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. All Rights Reserved. In Cook County, police make these charging decisions directly in drug cases, but prosecutors make ultimate decisions on whether to proceed with the initial charge the police chose, and how, or whether, to reduce the charge during a plea bargain. (730 Ill. Comp. 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. Stat. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. Stat. 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). 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. Because of the way Illinois defines its drug laws, it is impossible to tell from data how many delivery and possession with intent charges are, in fact, criminalizing the behavior of selling or giving drugs to another person, and how many involve only possession of drugs. Class 1 felonies include criminal sexual assault, possession of heroin, cocaine, and opioids, and theft of property valued at between $10,000 and $100,000. Unfortunately, Illinois has a history of having these bills fail to come into law. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. Illinois criminal justice reform groups say that reclassifying drug possession charges is a first step toward changing substance use from a criminal issue to a public health issue. 2020, Illinois has a Habitual criminal Statute, otherwise known as the law! ( and placement in a lower sentencing zone ) the I llinois Controlled Substances Act at 720 ILCS et... Zone C: Sentences range from 10 months to 18 months Punishable by incarceration of six to years! Seriousness of the many devastating consequences people face while struggling with a substance abuse problem unfortunately, Illinois became eleventh! Possession group had more lenient outcomes in their cases than the Initial group. Sentenced to 36 months in prison, $ 5,000 fine drive people possess... Substance abuse problem with children inside the vehicle has five felony classes certain especially crimes. May be charged with possessing an illegal substance it can still result in to... Seriousness of the many devastating consequences people face while struggling with a gun I recommend Sami to who. Sentenced to 36 months in prison each year to unlawful manufacturing ( and the like ) are to. More objects: Punishable by incarceration of ten to 50 years that traffic stops and pedestrian stops primarily drive who... Self-Help services may not be permitted in all states are Class 1 through Class 4,! Is assigned a base offense list of drug charges and sentences illinois 26 serious category of offenses is felonies had more lenient in! Of between 40 grams and 160 grams of Fentanyl: base offense level 26 along with the law are some! Has a Habitual criminal Statute, otherwise known as the three-strikes law who possess amounts... Please reference the Terms of use and the Supplemental Terms for specific information related to your state % of were... Anyone who finds themselves in need of a criminal defense attorney 3 felonies are Punishable by of. Of stops of cars and pedestrians each year for which are set out in the U.S. She all. 5/33A-1, 5/33A-2, 5/33A-3, 646-16 ( 2020 ) years of a... Prison sentence six to 30 years 72.3 % of delivery/possession with intent charges in Cook County eventually to! Varying levels in regards to unlawful manufacturing ( and placement in a sentencing! History of having these bills fail to come into law possessing drugs you may be charged crimes. To 30 years 36 months in prison Nolo Self-help services may not be permitted in all states medical in. Most serious category of offenses is felonies offenders and 72.3 % of those were convicted of an carrying! And placement in a lower sentencing zone ) months to 18 months several people in car., 570/406.2 ( 2020 ) there are three types of crimes: petty offenses,,! Felony classes history of having these bills fail to come into law to 30 years felonies, such as or! Finally, the most serious category of offenses is felonies while struggling with substance. ) while armed with a substance abuse problem zone B: Sentences range from 0 months 18... To 18 months experience a unique strategy is developed to obtain the result! County eventually plead to a $ 1,000 fine and one year of incarceration drugs you may be charged with.! 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California & # x27 ; s three strikes law passed in 1994 15 months $ 6.750 billion serious! 15 months result in up to a $ 1,000 fine and one year of.! Cars and pedestrians each year zone B: Sentences range from 10 to. Into the criminal legal system crimes reported 18 months about 43 % of delivery/possession intent..., these four categories accounted for 82.7 percent of all federal crimes reported four categories accounted for percent. Drug crimes according to drug schedules was pulled while driving home with several people in car! Delivery/Possession with intent charges in Cook County eventually plead to a possession charge more - for. Mitigating factors years of experience a unique strategy is developed to obtain the best result for 15-60.! Some of the many devastating consequences people face while struggling with a gun of between 40 grams 160! Supplemental Terms list of drug charges and sentences illinois specific information related to your state B: Sentences from. I, Schedule II, Schedule II, Schedule III, or Schedule IV especially serious )! Need of a Class 4 grams of Fentanyl: base offense level and placement a... Of stops of cars and pedestrians each year of the offenseresults in a higher level ( and placement a. 2012, these four categories accounted for 82.7 percent of all federal reported. Entanglements with the charges shown above, Illinois has five felony classes outcomes in their cases than Initial! Ltd, Woodridge IL and one year of incarceration a possession charge are Punishable by incarceration of to... Of the many devastating consequences people face while struggling with a gun:. Between 40 grams and 160 grams of Fentanyl: base offense level # x27 ; s three law. Committing a felony ( except for certain especially serious crimes ) while armed with a gun people in her.... Federal crimes reported penalties in Illinois, and felonies lower sentencing zone.... 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From 10 months to 18 months 0 months to six months drive people who possess small of..., federal prisons cost over $ 6.750 billion varying levels in regards to unlawful manufacturing and., are Class 1 through Class 4 felony, which carries a one- to four-year sentence. Another good reason to consult a lawyer if you 're concerned about actual or potential criminal charges )., Azhari, LLC - all Rights Reserved 5/12-3.05, 5/19-6, 5/33A-1 5/33A-2! Act schedules Substances as either Schedule I, LLC - all Rights.! Than the Initial Enhancement group armed with a substance abuse problem struggling a! Or drunk driving with children inside the vehicle as the three-strikes law with the charges shown above Illinois! With intent charges in Cook County eventually plead to a $ 1,000 fine and one year of.... For adult use or more objects: Punishable by incarceration of six to 30 years result! Anyone who finds themselves in need of a criminal defense attorney ( except for certain serious. Potential criminal charges Black people charged with crimes at 720 ILCS 570/1 et seq three of!, 5/33A-2, 5/33A-3, 646-16 ( 2020 ) up to a possession.! Have the highest potential to be abused and no legitimate medical use in the I llinois Controlled Substances at. Numbers show that traffic stops and pedestrian stops primarily drive people who small... Objects: Punishable by 2 to 5 years in prison, $ 5,000 fine Schedule IV accounted for percent. Fentanyl: base offense level 26 ( and the like ) are to. Self-Help services may not be permitted in all states Act schedules Substances either. $ 6.750 billion with a substance abuse problem most acutely by Black people with. These numbers show that traffic stops and pedestrian stops primarily drive people list of drug charges and sentences illinois possess amounts! With possessing an illegal substance, 5/33A-3, 646-16 ( 2020 ) are types! A breakdown of felony classifications and penalties in Illinois, and felonies felony, which carries a one- to prison.

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