What dictates a federal drug crime from a state drug crimecan vary. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. unauthorized possession of a blank or altered prescription form. 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. 570/402, 730 Ill. Comp. SS was at the NATO protest that took place in downtown Chicago. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. "There are 30 women serving life sentences in Kansas prisons. 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 oldest conviction dated to 1992; the most recent was 2007. 2023 Sheppard Law Firm, P.C. Zone C: Sentences range from 10 months to 18 months. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. 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. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . Stat. 5/5-4.5-3, -50 (2019).). A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. 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. Call our offices today at 630-305-0222. In most of these stops, police do not search people or their belongings. 5/5-4.5-35 (2020). (720 Ill. Comp. It then places criminals in the following sentencing zones: There are 43 levels of offenses. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. Elements of a Drug Possession Charge 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. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. 15 to 199 objects: Punishable by incarceration of four to 15 years. We are good listeners and provide honest answers to questions our clients have. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. (730 Ill. Comp. The sentence will be life in prison or death penalty when certain aggravating factors are present. Unfortunately, Illinois has a history of having these bills fail to come into law. A class 1 felony is punishable by: Class 2 Felony. Please fill out the form below and we will be in touch soon. allowed for expungement of minor drug records and retroactive resentencing. 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). Illinois could change its laws at any time. This bill passed the house, but not the Senate. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . 5/5-5-3 (2019).). Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. What Does Second Degree Manslaughter Mean? White. 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. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. The U.S. Marijuana Possession Laws in Georgia. 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). It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. Drug possession crimes can be of any class other than Class X. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). 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. 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. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. . 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. Sentences for Drug Charges In Texas. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. Many factors can lead to an extended sentence. 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. 1500 or more objects: Punishable by incarceration of ten to 50 years. For information, see Illinois Sale of Controlled Substance Laws. 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. Chicago Appleseed Center for Fair Courts People in the Initial Possession group were given more access to diversion programs than the Initial Enhancement group, with 18.58% of people in the Initial Possession group diverted, while only 4.05% of people in the Initial Enhancement group were. 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. Repeat offenses. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. (730 Ill. Comp. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. Unless the defendant committed the crime while serving probation for a previous felony, judges may impose a sentence of probation or conditional discharge for up to four years. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Understanding White Collar Crimes In Illinois, Anyone found in possession of 15 grams or more of heroin, cocaine or morphine, but less than 100 grams, may be sentenced to 4 to 15 years in prison and fined up to $200,000, Anyone found in possession of 100 grams or more of heroin, cocaine or morphine, but less than 400 grams, may be sentenced to 6 to 30 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of heroin or cocaine, but less than 900 grams, may be sentenced to 8 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of morphine, but less than 900 grams, may be sentenced to 6 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, 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, A prison sentence of 6 to 30 years, and a fine of up to $500,000, if the alleged crime involves 15 to 99 grams of heroin, cocaine or morphine, A prison sentence of 9 to 40 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 100 to 399 grams of heroin, cocaine or morphine, A prison sentence of 12 to 50 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 400 to 899 grams of heroin, cocaine or morphine, A prison sentence of 15 to 60 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves more than 900 grams of heroin, cocaine or morphine. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. California's three strikes law passed in 1994. 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 Drug courts provide offenders with an opportunity to receive treatment. 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. Call (888) 744-0069 Helpline Information Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. 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. There are 43 levels of offenses. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. 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. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. Ownership of an illegal drug is a felony crime under Illinois law. This is true whether it is powder cocaine or hard, rock cocaine (also called crack). To help this process, each crime is assigned a base offense level. To determine the impacts of these charging decisions, we compared two groups of people. Stat. 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. This charge carried with it a sentencing range from 6-30 years in jail. Stat. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. Fine not more than $500,000 if an individual, $2 million if not an individual. Start here to find criminal defense lawyers near you. As mentioned above, Illinois has five felony classes. (District of Central Illinois). To speak with an experienced Chicago criminal defense lawyer regarding the drug charges you or a loved one face, contact the firm for a confidential consultation. Rolling Meadows, IL 60008, 633 Skokie Blvd This is the least serious class of felony, and includes offenses such as theft. Base offense levels can also be increased or decreased by prosecutors. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. Stat. 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