This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. Steroids. 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). 570/402, 730 Ill. Comp. unlawful purchase (or attempted purchase) of a firearm. There is no statistically significant difference between races in rates of reported drug use. Offense: Maintaining drug involved premises; . Felony arrests lead to pretrial jail time, often because people are held on bonds that are unaffordable, and being convicted of drug possession can lead to a lifelong felony record. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. Stat. Drug possession crimes can be of any class other than Class X. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. 5/5-4.5-3, -50 (2019).). 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. (720 Ill. Comp. 750 N. Lake Shore Drive, Fourth Floor ), Prison sentences for Class X felonies generally must be for at least six years and no more than 30 years (or between 30 and 60 years for an extended term), plus three years of mandatory supervised release. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. 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. (730 Ill. Comp. unauthorized possession of a blank or altered prescription form. All other Schedule IV drugs. 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. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Zone A: Sentences range from 0 months to six months. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. Fine not more than $250,000 if an individual, $1 million if not an individual. In general, a judge must impose a sentence within the range for the relevant felony class. 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. Chicago Appleseed Center for Fair Courts The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. After that, in descending order of seriousness, are Class 1 through Class 4. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). Call (888) 744-0069 Helpline Information Prescription stimulant medications like Adderall and Ritalin. 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. Dupage County Lawyers These effects are felt most acutely by Black people charged with crimes. This is the least serious class of felony, and includes offenses such as theft. 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. 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). 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)). Penalties for Fentanyl-related charges vary widely depending on the nature of the charge, how much of the drug was involved, whether the person has a criminal history, and their age at the time. 570/402; 730 Ill. Comp. 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. 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. 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. TX. 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. [ Attorney Bio ]. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. Ownership of an illegal drug is a felony crime under Illinois law. These drug laws also disproportionately impact Black Illinoisans. Stat. There are 43 levels of offenses. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. 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. (720 Ill. Comp. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. What Is the Average Jail Time for Drug Possession? 5. Statistics based on prior month's data -- Retrieving Inmate Statistics. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. Cook County is the county that sends the most people to state imprisonment each year. Data Notes (730 Ill. Comp. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. (730 Ill. Comp. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. You can find more information in our article on Marijuana Laws in Illinois. 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. ), (720 Ill. Comp. Northbrook, IL 60062. 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. Visitors to Illinois are allowed half those amounts. 2009. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . The normal belongings of an illegal drug charge is a Class 4 felony offense. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. 570/402; 730 Ill. Comp. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. (730 Ill. Comp. 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. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. He is an absolute professional. Copyright 2023, FederalCharges.com. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Stat. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. SS was at the NATO protest that took place in downtown Chicago. 100 to 399 grams: Punishable by incarceration of six to 30 years. 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. A class X felony is punishable by: Class 1 Felony. 5/5-4.5-15, 5/5-4.5-50 (2020).). First Offense: Not more than 3 years. The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. The . 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). Stat. The law requires that these mandatory prison terms be served back-to-back (i . 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. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. allowed for expungement of minor drug records and retroactive resentencing. Copyright 2022, Azhari, LLC - All Rights Reserved. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. 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 It also includes several other substances that were moved from Schedule III before the amendment, including ecstasy, GHB, and rohypnol, also known as date-rape drug. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. (720 Ill. Comp. Then read below to learn about possible charges and sentences. 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. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. Fine not more than $500,000 if an individual, $2 million if not an individual. The amount and type of drug will depend on federal and state laws. Attitudes toward drugs are changing throughout the country, and many people believe that the war on drugs, which threw so many non-violent offenders into jail, has created more problems than it solves. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. As such, the information contained herein is by no means a complete outline of Illinois state drug laws and certainly should not be considered a substitute for expert legal counsel. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Unauthorized prescription. Sami takes the time to learn about the specific facts and circumstances surrounding each case. 5/5-4.5-45, 5/5-4.5-85 (2020).). Possession of marijuana, under one ounce, is a misdemeanor. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. 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. In the midst of the raucous, an altercation took place betw, AN was charged with 9 counts of attempted murder, aggravated battery with a firearm and unlawful use of a weapon. If you have prior possession convictions, you may face enhanced penalties. Illinois recognizes five classes of felony, in addition to first-degree murder. Methamphetamine. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. Offenses. 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. 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. (730 Ill. Comp. 900 or more grams: Punishable by incarceration of ten to 50 years. The number of federal crimes has long believed to be virtually uncountable. It required that a person convicted of a felony who has two or more prior convictions for certain offenses must be sentenced to at least 25 years to life in state prison, even if the third offense is nonviolent. 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. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. 200 to 599 objects: Punishable by incarceration of six to 30 years. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. About Our Agency; About Our Facilities; Historical Information The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. 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. You need a highly experienced federal criminal defense lawyer such as attorney Geoffrey G. Nathan who produces results due to his national profile and representation in the nations most significant federal indictments: Operation Iron Triangle, Crossfire Hurricane, Operation Varsity Blues. In 2019, proponents of decriminalization, including the ACLU of Illinois and other civil rights groups, sought through House Bill 2291 to quantify thresholds for possessing various substances that would result in misdemeanor charges rather than felonies. Only 0.9 % list of drug charges and sentences illinois pedestrian stops resulted in finding more than $ if. 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