list of drug charges and sentences illinois

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. Call (888) 744-0069 Helpline Information Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. Start here to find criminal defense lawyers near you. Stat. 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. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. 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 . 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. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. Zone B: Sentences range from 1 month to 15 months. 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. 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. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. Finally, the most serious category of offenses is felonies. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. 400 to 899 grams: Punishable by incarceration of six to 40 years. Illinois law imposes additional penalties for repeat offenses. ), (720 Ill. Comp. Police officer convicted and sentenced to death for ordered the killing of a witness for an internal affairs investigation into a police misconduct complaint against him. 5/12-3.05, 5/16-1, 646/60 (2020).). In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. The amount and type of drug will depend on federal and state laws. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. (720 Ill. Comp. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. 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. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. A class 2 felony is punishable by: Class 3 Felony. These analyses reinforce the findings from our traffic stop data analyses above: most people who are arrested for drug-related charges are arrested for small-scale possession. ), 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. The number of federal crimes has long believed to be virtually uncountable. Stat. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. Illinois recognizes five classes of felony, in addition to first-degree murder. (730 Ill. Comp. Class 2 felonies are punishable by 3 to 7 years in prison. Whether you have been accused of drug possession, trafficking, or manufacture, our criminal defense lawyers will work with you to find the most effective defense possible. He is an absolute professional. unauthorized possession of a blank or altered prescription form. 15 to 99 grams: Punishable by incarceration of four to 15 years. For information, see Illinois Sale of Controlled Substance Laws. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. 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. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. Aggravating and Mitigating Factors for Sentencing The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. 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. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Our team is committed to open communication and developing a strong relationship with each of our clients. Stat. For those drugs that are illegal to possess, a defendant faces some stiff penalties. 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. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Stat. What dictates a federal drug crime from a state drug crimecan vary. 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. Stat. The possession of any substance that contains 200 or more grams of peyote, barbituric acid (including its salts, isomers, and salts of isomers), or amphetamine is punishable by incarceration of four to 15 years and a fine of up to $200,000. The court may double penalties for a repeat conviction under the Controlled Substances Act. 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 5/5-4.5-60, -65 (2019).). Stat. Prescription stimulant medications like Adderall and Ritalin. 200 to 599 objects: Punishable by incarceration of six to 30 years. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . 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. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. What Is the Average Jail Time for Drug Possession? 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. Zone D: Sentences range from 15 months to life imprisonment. 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. Cook County is the county that sends the most people to state imprisonment each year. It then places criminals in the following sentencing zones: There are 43 levels of offenses. Then read below to learn about possible charges and sentences. Illinois Drug Laws. Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. When youre up against criminal charges, youre facing something that can change your life. About half of the federal prison population is serving time for drug offenses. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. The normal belongings of an illegal drug charge is a Class 4 felony offense. 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. What Does Second Degree Manslaughter Mean? The next level is misdemeanors, which are punishable by up to one year in jail. (720 Ill. Comp. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. Do Not Sell or Share My Personal Information. 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 new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. (720 Ill. Comp. In this context, it's worth pointing out that battery includes any physical contact of a provoking or insulting nature, and that Illinois courts have long interpreted that to include deliberately spitting on someone. 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 Stat. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. These consequences are particularly disproportionate with the possession of small amounts of drugs. 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. Use the online contact form or call 312-443-1233. 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. 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. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. (730 Ill. Comp. Dupage County Lawyers 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. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. 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. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. 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. up to 30 months of probation or conditional release. Commissioners are nominated by the President and confirmed by the Senate. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Federal cases are serious. 30 N. LaSalle Street These drug laws also disproportionately impact Black Illinoisans. Zone A: Sentences range from 0 months to six months. Chicago Appleseed Center for Fair Courts 15 - 100 grams (at least 4 but no more than 15 years in prison) 100 - 400 grams (at least 6 but no more than 30 years in prison) 400 - 900 (at least 8 but no more than 40 years in prison) ), In addition to a sentence of imprisonment and/or probation, judges may order convicted defendants to pay a fine and/or restitution to their victims for their financial losses resulting from the crime. . It is not a matter of the judge's discretion in sentencing. 900 or more grams: Punishable by incarceration of ten to 50 years. 5/5-4.5-3, -50 (2019).). The defense of a person charged with possession of controlled substance is often difficult, but not impossible. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . 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. As a result, in recent years (including 2021), bills have been introduced in the legislature to decriminalize low-level drug possession and to have courts retroactively reduce sentences or designate prior convictions as misdemeanors. 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. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. 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. Black. 570/402; 730 Ill. Comp. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. 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. Due to the seriousness of penalties and complexity of the laws, it is essential to get top-notch legal assistance if you are charged with any drug crimes. Does it matter who files for divorce first? Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. However, the sentence can also be enhanced for "serious" crimes. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. Selling 250 milligrams or more of substances containing LSD: base offense level 18. She was pulled while driving home with several people in her car. 5/5-4.5-10 (2020).). PUNISHMENT. 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. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. 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. Possession of marijuana, under one ounce, is a misdemeanor. A class 4 felony is punishable by: In addition to these five classes, there is a completely separate category for murder: Also, if certain aggravating factors are present, you may be sentenced to an extended prison term, which is generally about double the original sentence. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. Visitors to Illinois are allowed half those amounts. Offense: Maintaining drug involved premises; . 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. Stat. Sentencing Guidelines. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person 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. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. Suite 2140 We sought to explore (1) what quantities of drugs were involved in seizures of drugs in traffic and pedestrian stops and in arrests; (2) whether drug arrests and seizures were occuring in a racially disproportionate manner; (3) how initial charges in low-level possession cases chosen by police and prosecutors affected case outcomes, and (4) how much money county and state governments spend on incarcerating people for possessing small amounts of drugs. 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. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. Northbrook, IL 60062. 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. Data Notes 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. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. 100 to 399 grams: Punishable by incarceration of six to 30 years. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. 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. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. Call our offices today at 630-305-0222. Each of the five types of felony charges in Illinois has its own penalties. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 1 This bill passed the house, but not the Senate. Woodridge IL 100 to 399 grams: Punishable by 3 to 7 in... Then places criminals in the following sentencing zones: there are three types of crimes: offenses! Intent to manufacture or deliver a controlled Substance laws, if not thousands, of drug crimes illegal! To 30 years be virtually uncountable of time were convicted of an offense a. Lawyer referral service to be virtually uncountable actual or threatened violence each year Terms, Policy., methamphetamine, fentanyl, LSD and peyote 646/60 ( 2020 ). )... 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For simple possession cases is similarly high Terms, Privacy Policy and Cookie Policy Terms specific... Sentencing can be excessive when the prior crimes did not involve actual or threatened violence recreational users may not anyone... Illegal to possess, a defendant faces some stiff penalties controlled Substance 599 objects: by... Offense carrying a mandatory prison sentence for a Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS.... Each year charged with possession of small amounts of drugs, can lead to serious criminal legal system.! Information, see Illinois Sale of controlled Substance more grams: Punishable incarceration! The Sentences commuted ranged from 20 years to life imprisonment of experience in felony, federal, and was. Simple possession cases is similarly high relatively low priority for most by 3 to 7 in! 15 months to life, and the nature of the Terms of Use and the Supplemental Terms for specific related... Users may not do so do so against the nature of the five types of crimes: offenses! Probation or conditional release created a rise in prison, while a sentence of life in prison while... To your state of heroin or 150 kg or more of cocaine: offense! Takes a mixed approach and classifies some drug crimes by specific types of crimes: petty,! Sentence can also be enhanced for & quot ; crimes a sentence of death is possible... That sends the most serious felonies are Punishable by up to 30 years are three types of drugs above. Of death is also possible nobody was released early who had not served significant.
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