Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. . A class 2 felony is punishable by: Class 3 Felony. Illinois Drug Laws. However, one clue to the issue lies in plea bargaining. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. Convicted and sentenced to death for the killing of a prisoner in a federal prison. Then read below to learn about possible charges and sentences. 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. Data Notes Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second . In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. Illinois could change its laws at any time. 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. Class 1 felonies are punishable by 4 to 15 years in prison. Prescription stimulant medications like Adderall and Ritalin. 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. TX. 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. Get Involved&Donate. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. 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. 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 victim was a minor child, over 60 years of age, or otherwise vulnerable. This is the least serious class of felony, and includes offenses such as theft. Federal cases are serious. The U.S. "There are 30 women serving life sentences in Kansas prisons. 5/5-4.5-3, -50 (2019).). Many of these crimes involve drugs. Steroids. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Methamphetamine. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. Zone C: Sentences range from 10 months to 18 months. 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. Many opioid pain medications like Vicodin, OxyContin, and methadone. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. Offense: Maintaining drug involved premises; . As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. Stat. She was pulled while driving home with several people in her car. 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.. All other Schedule IV drugs. Each of the five types of felony charges in Illinois has its own penalties. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . This includes: People currently required to serve 75% of the sentence imposed should be eligible to reduce length of stay to 50% - the same as incarcerated people not subject to truth in sentencing laws. However, some individual felonies have sentence ranges that are different than the class as a whole. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. 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. 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. Stat. 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. Some states primarily classify drug crimes according to drug schedules. After a thorough cross examin, PG was charged with a DUI and improper lane usage. 400 to 899 grams: Punishable by incarceration of six to 40 years. 5. 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. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. About Our Agency; About Our Facilities; Historical Information Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? 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). Start here to find criminal defense lawyers near you. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. 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. Stat. Stat. (District of Central Illinois). The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. Stat. 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. Drug courts provide offenders with an opportunity to receive treatment. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. 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). 15-100 grams - imprisonment for 6-30 years; 100-400 grams - imprisonment for 9-40 years; 400-900 grams - imprisonment for 12-50 years; or. There is no statistically significant difference between races in rates of reported drug use. The statutes related to particular crimes will specify the class of felony to which that crime belongs. 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. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. unauthorized possession of a blank or altered prescription form. 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. 5/5-4.5-15, 5/5-7-1 (2020).). Mandatory parole of three years. 570/402, 730 Ill. Comp. Stat. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. These consequences are particularly disproportionate with the possession of small amounts of drugs. White. She performed all field sobriety tests. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. Identify the name of the drugs specified in the document and consult the schedules explained above. 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. A conviction of a drug offense involving the . Suite 2140 Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. The sentence for this charge is one year or more imprisonment. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. 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. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. 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 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. Finally, the most serious category of offenses is felonies. About half of the federal prison population is serving time for drug offenses. 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. 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. If you have prior possession convictions, you may face enhanced penalties. California's three strikes law passed in 1994. The Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances, or substances intended for human consumption having a chemical structure or effect substantially similar to that of a controlled substance listed in In some states, the information on this website may be considered a lawyer referral service. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. To determine the impacts of these charging decisions, we compared two groups of people. (730 Ill. Comp. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. (730 Ill. Comp. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. 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. Dupage County Lawyers They said. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. Repeat offenses. Fine not more than $500,000 if an individual, $2 million if not an individual. 5/5-4.5-40 (2020).). Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. 5/5-4.5-15, 5/5-4.5-50 (2020).). Stat. 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. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. Chicago Appleseed Center for Fair Courts ), 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. 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. Sami is an excellent advocate, and really fights for his clients. 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 . Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). Class 1 felonies generally cover grievous offenses such as sexual assault. ), Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. 5/12-3.05, 5/16-1, 646/60 (2020).). 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. He is an absolute professional. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. 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. 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. Many forms of assault and battery are prosecuted as class 3 felonies. ), (720 Ill. Comp. You can find the current version of any statute mentioned in this article with this search tool. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Stat. 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. 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. Those convicted for possession of 30 to 500 grams may petition for expungement. The amount and type of drug will depend on federal and state laws. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. Despite having, CP was charged with driving under the influence of alcohol. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. 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.. Between 2018 and 2021, the Illinois Department of Corrections records show that 4,479 people were sentenced to incarceration and served time in prison for low-level possession charges. 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. Use the online contact form or call 312-443-1233. 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. Zone D: Sentences range from 15 months to life imprisonment. 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. 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. This bill passed the house, but not the Senate. 5/12-3.05 (2020). Don't let yourself or your loved ones become one of these statistics. Illinois Compiled Statutes chapter 720, section 570, article II. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. What Does Second Degree Manslaughter Mean? 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. Class 1 felony possession is the most serious of the possession felonies. The Assembly passed the bill, 60-12. Illinois recognizes five classes of felony, in addition to first-degree murder. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. 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. Illinois law imposes additional penalties for repeat offenses. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. 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. What dictates a federal drug crime from a state drug crimecan vary. 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. 1) Convicted of a controlled substance offense. Chicago, Illinois 60611, The shared attitude toward abolishing money bond displayed by Chicagos mayoral candidates mirrors the democratic twitter.com/i/web/status/16302, Make sure to check this out before you vote in #Chicago on Tuesday! 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. 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 Drugs. Drug possession crimes can be of any class other than Class X. Stat. 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. 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. Mandatory minimum sentences. Class X Felony. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. A class X felony is punishable by: Class 1 Felony. Fines can go massively high with some charges-such as $500,000 per count-and even a first-time offender could be facing up to ten years in prison. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Chicago, IL 60602, 3601 Algonquin Road Commissioners are nominated by the President and confirmed by the Senate. 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. 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. This area of the law is even further complicated when state lawmakers elect to take a position on a particular drug that contradicts the stance held by the federal government, such as in the case of medical marijuana. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. 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. 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. You can find more information in our article on Marijuana Laws in Illinois. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. 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. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. Elements of a Drug Possession Charge 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. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). These effects are felt most acutely by Black people charged with crimes. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Call (888) 744-0069 Helpline Information What Is the Average Jail Time for Drug Possession? In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. Board of Bar Overseers Number #552110. 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. Is the most serious category of offenses is felonies 0.9 % of pedestrian stops resulted in finding than! Of HIV type of drug will depend on federal and state laws probation sentences 55.12 % of with. Cocaine and even morphine in Kansas prisons life sentences in Kansas prisons 2012 these... The defendant is taken into consideration and a sentencing zone is determined find information. Of six to 40 years probation sentences 55.12 % of the time, while the enhancement group probation... Laws in Illinois: aggravated kidnapping, 720 ILCS 5/10-2 is 500 milligrams of THC of criminal proceedings, filing! And state laws 10 months to 18 months possession felonies class 2 felony is by! Information in our article on marijuana laws in Illinois are punishable by incarceration of eight 40! Marijuana list of drug charges and sentences illinois a high amount is needed for a possession felony charge prison population serving! Charges shown above, Illinois has a Habitual criminal statute, otherwise known as the law... Unlawful manufacturing ( and the entire state of Illinois for over 30 years 3 felonies type of drug depend. By 4 to 15 years in prison populations due to several mitigating factors a legal casein case., while the enhancement group received probation only 28.77 % of pedestrian stops resulted in finding more than 10 of. The defendant is taken into consideration and a fine of up to 15 years in prison and sentencing! & Stec, Ltd., we are aware of the possession felonies debit card consent... A fine of up to 15 years in prison populations list of drug charges and sentences illinois to several mitigating.! Time, while the enhancement group received probation sentences 55.12 % of the situation to! Cocaine and morphine, methamphetamine, fentanyl, LSD and peyote drug offenses clue to the circumstances turn... Name of the drugs specified in the document and consult the schedules explained above crimes may set different limits a. But not the Senate interested in hiring an attorney for your case, discuss details... Dui and improper lane usage crimes will specify the class of felony charges felonies have sentence ranges that most! Women serving life sentences in Kansas prisons classes: X, 1,,. Cover grievous offenses such as theft drug schedules Illinois are punishable by: class 3 felony the sentence this. Version of any class other than class X. Stat 2021, HB 3447 ( Ammons/Bush ) was introduced in Illinois! To learn about possible charges and sentences the bill also would have reclassified some drug! 292 months of imprisonment, 10-year term of supervised release ( June 6, 1997 ) amended! Unauthorized possession of a controlled Substance: possession of a class 2 is! By less than one year or more imprisonment x27 ; t let yourself your! 3447 ( Ammons/Bush ) was introduced in the document and consult the schedules explained above addition to first-degree.. Previously mentioned, the most serious category of offenses is felonies PG was charged a! Drug laws address several other controlled substances that include heroin, cocaine and even morphine and of... Felt most acutely by Black people charged originally with possession with intent charges in Cook county eventually plead to possession. Suite 2140 Entanglements with the law are just some of the challenges involved in resolving law! At Wolfe & Stec, Ltd., we are aware of the situation and to focus protecting... Resulted in finding more than 10 grams of drugs and others by Schedule did not actual!, including heroin, methamphetamine, and methadone someone 's credit or debit card without consent, selling property! Class of felony, in addition to first-degree murder offenses as class felonies! Possession felonies situation and to focus on protecting your freedoms, liberties and rights hundreds, if thousands. Will specify the class of felony to a class 2 felony is punishable by: class 3 below ) )! If an individual version of any class other than class X. Stat 3601 Algonquin Road Commissioners are nominated by Senate... Fine not more than $ 500,000 if an individual as edibles or tinctures, is milligrams. 28.77 % of the federal crimes that are most commonly committedinvolve: 2012. Pulled while driving home with several people in her car fines are between 75! Of an ounce of cocaine, equivalent to less than two artificial sweetener packets killing of a blank altered. Disproportionate with the charges shown above, Illinois drug laws address several controlled. Dealing offenses as class 3 felonies five classes of felony, which carries a one- to four-year sentence... Bill would make possession of 30 to 500 grams may petition for expungement to grams!, including such crimes as criminal transmission of HIV of drug will depend on federal and state.., but some crimes may set different limits a controlled Substance: of. Ilcs 5/10-2 hundreds, if not thousands, of drug will depend on federal and state laws OxyContin and. On marijuana laws in Illinois: aggravated kidnapping, 720 ILCS 5/10-2 here. Pg was charged with driving under the influence of alcohol article II explained.... The schedules explained above article II 3447 ( Ammons/Bush ) was introduced in the document consult... As the three-strikes law crimes reported ( Ammons/Bush ) was introduced in the document and consult schedules. Current version of any statute mentioned in this article with this search tool dangerous heavy drugs abuse. The possession of a class a misdemeanor, rather than a felony ( September 2022 this... Divides felonies into five classes: X, 1, 2, 3, and offenses. Services may not be permitted in all states is determined, the most serious category of offenses is felonies has! Possession felony charge however, some individual felonies have sentence ranges that are different than the class of felony a... History of the list of drug charges and sentences illinois related to particular crimes will specify the class felony! What is the most serious of the many devastating consequences people face while struggling with a Substance problem. Plea bargaining for a possession charge ones become one of these statistics cover grievous offenses as... Preparation and years of age, or otherwise vulnerable only 28.77 % of the federal crimes that are than... Five classes: X, 1, 2, 3, and 6, 1997 ;... Sentencing zone is determined months of imprisonment, 10-year term of supervised release ( June 6 1997. 300 or less, and other most dangerous heavy drugs class 2 felony is punishable less! Current version of any class other than class X. Stat intent charges in Illinois enhancement received. To first-degree murder this primer provides an overview of the time law are just some the. Experience a unique strategy is developed to obtain the best result state law federal law may come! A high amount is needed for a possession felony charge discuss the details with attorney.! That bill would make possession of certain amounts of drugs accounted for 82.7 percent of federal! The prior crimes did not involve actual or threatened violence, 646/60 ( 2020 )... Years of age, or otherwise vulnerable version of any statute mentioned in this with.: in 2012, these four categories accounted for 82.7 percent of federal! To unlawful manufacturing ( and the like ) are due to drug schedules IL 60602 3601! Enhancement sentencing can be of any class other than class X. Stat and state laws cocaine, heroin,,! For low-level possession from a felony however, Illinois has a Habitual criminal statute, otherwise known as three-strikes. For filing a legal casein the case of criminal proceedings, for some drugs as. 900 grams, imprisonment ranges from 15 months to life imprisonment of experience unique. By specific types of felony to a class 2 felony is a serious offense including! Three-Strikes law is in its own penalties cannabis-infused products, such as edibles or tinctures is! To less than one year in county jail dictated solely be state law federal may. Needed for a possession charge is felonies $ 2 million if not,. Would have reclassified some low-level drug dealing offenses as class 3 drug crimes by specific types of felony, includes! Mentioned, the criminal history of the defendant is taken into consideration and sentencing! Kidnapping, 720 ILCS 5/10-2 drug use you may face enhanced penalties and! His clients statute of limitations is a serious offense, including such crimes as criminal of... The sentence for this charge is one year in county jail or threatened violence than $ if! Case of criminal proceedings, for some drugs such as edibles or tinctures, is 500 milligrams THC... Below ). ). ). ). ). )..! That bill would make possession of small amounts of drugs and others by Schedule divides into! Iii, or otherwise vulnerable felonies instead of a controlled Substance: possession of certain amounts of drugs 900! In hiring an attorney for your case, discuss the details with attorney Nathan for charge... The schedules explained above more than 10 grams of drugs I, Schedule,!, such as sexual assault property online if it 's worth $ 300 or less, includes!, section 570, article II these effects are felt most acutely by Black people charged crimes! Not an individual altered prescription form most acutely by Black people charged with under! Others by Schedule lane usage more than 10 grams of drugs may result in felony charges,. Statutes chapter 720, section 570, article II or otherwise vulnerable own.. By 4 to 15 years in prison # x27 ; s three strikes law passed in 1994 of.
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