Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. Technically, anyone who ends up getting arrested for a drug offense can be considered in violation of a federal law, but most people are only prosecuted on a federal level if: Some of the examples offederal drug chargesinclude: The above offenses apply to illegal drugs (such as heroin or cocaine) as well as legal drugs (such as Ativan or Percocet) that are used or distributed illegally. 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). 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. 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. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Much of this complexity can be attributed to the simple fact that both Illinois and federal lawmakers have passed their own laws essentially creating two systems, each with its own penalties. 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. 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. It then places criminals in the following sentencing zones: There are 43 levels of offenses. 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 varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. Class 1 felony possessions are the most serious and receive the harshest penalties. Illinois has 5 classes of felony charges. 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. Zone C: Sentences range from 10 months to 18 months. After that, in descending order of seriousness, are Class 1 through Class 4. possession of less than five grams of meth. 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 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 attorney listings on this site are paid attorney advertising. Although there is no evidence that White and Black people use or sell drugs at different rates, both pedestrian/traffic stops and arrests are highly disparate in terms of their impact on Illinois Black communities. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). 7031 Koll Center Pkwy, Pleasanton, CA 94566. Stat. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. 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. In addition, Illinois law calls for more severe sentences under certain circumstances. (730 Ill. Comp. (730 Ill. Comp. Drug offenses are the second most committed federal crime, second only to immigration offenses; they typically account for 30 percent of all federal crimes (while immigration crime accounts for 32 percent). If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. A conviction of a drug offense involving the . Statistics based on prior month's data -- Retrieving Inmate Statistics. Once drug sale or trafficking is involved, penalties increase. 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. Methamphetamine. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. The next level is misdemeanors, which are punishable by up to one year in jail. Start here to find criminal defense lawyers near you. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. 900 grams or more - imprisonment for 15-60 years. Suite 2140 About Us. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . 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). Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and 5/5-4.5-20 (2020). 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. 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. About half of the federal prison population is serving time for drug offenses. White. A class 1 felony is punishable by: Class 2 Felony. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. When facing charges for domestic violence, the impact on your life can be even more significant. Stat. Get Involved&Donate. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. 570/402, 730 Ill. Comp. You can find more information in our article on Marijuana Laws in Illinois. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. 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. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. Even though the actual manufacture of methamphetamine is the most common drug manufacturing charge, some states do not limit charges to a completed product, and you could face drug manufacturing sentences of up to 99 years in prison and fines of $25,000 or more for supplies. Second, the penalty imposed should not . 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. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. Sentencing Guidelines. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). 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. They are punishable by anywhere between one year and life imprisonment. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. However, some individual felonies have sentence ranges that are different than the class as a whole. 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. Zone D: Sentences range from 15 months to life imprisonment. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. Ebron, Joseph +. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. up to 30 months of probation or conditional release. Stat. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. unlawful purchase (or attempted purchase) of a firearm. Sami takes the time to learn about the specific facts and circumstances surrounding each case. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. Board of Bar Overseers Number #552110. Illinois recognizes five classes of felony, in addition to first-degree murder. HB 3447 includes changes to the possession with intent to deliver statute, that would disallow prosecutors from charging intent to deliver if the amount of drugs possessed were below a certain amount. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. 400 to 899 grams: Punishable by incarceration of six to 40 years. (720 Ill. Comp. 5/5-4.5-45, -50 (2019).). (730 Ill. Comp. Presumptive Sentences for Felony Drug Offenses in Colorado Drug felonies committed on or after October 1, 2013, carry the following presumptive sentences and mandatory parole terms: Level 1 drug felony: Between eight and 32 years in prison, $5,000 and $1,000,000 in fines, or both. Commissioners are nominated by the President and confirmed by the Senate. The Assembly passed the bill, 60-12. The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). Stat. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. There is no statistically significant difference between races in rates of reported drug use. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. Twenty-nine of them are convicted murderers or kidnappers. (730 Ill. Comp. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. Stat. Selling 70 grams or more of substances containing PCP: base offense level 22. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. In general, a judge must impose a sentence within the range for the relevant felony class. 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. 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. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. 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). In Illinois, it is a Class 1 felony to possess certain quantities of controlled substances most commonly, more than 15 grams of heroin or cocaine (See 720 ILCS 5/570-402(a)(1) and 720 ILCS 5/570-402(b)(1)). 200 to 599 objects: Punishable by incarceration of six to 30 years. Illinois spends millions every year on processes that are systematically hurting Illinoisans especially Black Illinoisans and saddling them with incarceration and felony convictions for possession of less than a tablespoon of drugs. Possession of amounts of drugs less than those thresholds is a Class 4 felony (See 720 ILCS 5/570-402(c)), unless the substance is methamphetamine, in which case it is a Class 3 felony (See 720 ILCS 646/60-A). The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. 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. Stat. Sami was a part of the trial team, GLW was charged with a non-probationable class X felony for possession of cocaine with the intent to distribute. 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. 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. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. Federal cases are serious. 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. DRUG CRIMES. Many of these crimes involve drugs. Mr. Wolfe has tried over 300 cases to verdict and represents clients facing investigation or prosecution for a broad range of state and federal criminal offenses, including murder, embezzlement, sexual abuse, drugs, marijuana and white collar crimes. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. She was pulled while driving home with several people in her car. Does it matter who files for divorce first? The defense of a person charged with possession of controlled substance is often difficult, but not impossible. A class 2 felony is punishable by: Class 3 Felony. Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. However, the sentence can also be enhanced for "serious" crimes. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. In most of these stops, police do not search people or their belongings. ), First-degree murder is in its own class of felony in Illinois. 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. The other is Gloria Van Winkle. 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. Any amount . These consequences are particularly disproportionate with the possession of small amounts of drugs. The crime of "trafficking", or more specifically, "drug trafficking," is defined as the criminal act of selling and/or distributing illegal drugs or controlled substances. Many forms of assault and battery are prosecuted as class 3 felonies. Stat. Steroids. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. 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. This article concerns the unlawful possession of controlled substances. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. 5/5-4.5-3, -50 (2019).). 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. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . 1 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. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. 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