5/5-4.5-3, -50 (2019).). Unauthorized prescription. Federal cases are serious. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. 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. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Illinois recognizes five classes of felony, in addition to first-degree murder. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. Petty offenses are minor violations punishable only by fines. 5/2-7, 730 Ill. Comp. Repeat offenses. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. In most of these stops, police do not search people or their belongings. 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. 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. 3d 24 at 29, (1990)), being considered evidence of intent. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. 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. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. ), In August 2020, Illinois enacted a law that makes it a Class 3 felony to attack a retail worker who's relaying the store's health and safety policies or the rules, guidelines, or recommendations issued by a public health agency during an emergency or disastersuch as requirements for wearing a face mask or practicing social distancing during the COVID-19 pandemic. 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. 5/5-4.5-10 (2020).). California's three strikes law passed in 1994. 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. 570/402, 730 Ill. Comp. Rolling Meadows, IL 60008, 633 Skokie Blvd The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. For information, see Illinois Sale of Controlled Substance Laws. 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. Start here to find criminal defense lawyers near you. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. Northbrook, IL 60062. However, the sentence can also be enhanced for "serious" crimes. What Is the Average Jail Time for Drug Possession? 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. ), First-degree murder is in its own class of felony in Illinois. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. 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. Many factors can lead to an extended sentence. The . Suite 716 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. When facing charges for domestic violence, the impact on your life can be even more significant. 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. This article concerns the unlawful possession of controlled substances. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. To get a sense of how that bill might affect drug arrests in Illinois, we looked at the dynamics of drug seizures, arrests, convictions, and incarcerations. Stat. 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. Generally, a Class 1 or Class 2 Felony Sentenced as a Class X under 730 ILCS 5/5-4.5-95 (b) if: Defendant is over the age of 21 years After having twice been convicted of a Class 2 or greater Class felony Separately brought and tried and (720 ILCS 570/203.) (720 Ill. Comp. 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. Chicago, IL 60602, 3601 Algonquin Road The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . There is a growing belief that people with drug problems do not benefit from being under the criminal legal system control while they attempt to recover from addiction. (720 Ill. Comp. Stat. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. IDOC also projected the total amount of actual days those people would spend in prison on these charges; it amounts to over 1.2 million days collectively, or almost 3,500 years in prison. Class 1 felonies generally cover grievous offenses such as sexual assault. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . Illinois has 5 classes of felony charges. (730 Ill. Comp. (730 Ill. Comp. The normal belongings of an illegal drug charge is a Class 4 felony offense. You need a highly experienced federal criminal defense lawyer such as attorney Geoffrey G. Nathan who produces results due to his national profile and representation in the nations most significant federal indictments: Operation Iron Triangle, Crossfire Hurricane, Operation Varsity Blues. 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). Embark upon a path to recovery today. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. Despite having, CP was charged with driving under the influence of alcohol. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. Drug possession with intent to distribute. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. . You can find more information in our article on Marijuana Laws in Illinois. We are good listeners and provide honest answers to questions our clients have. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. Stat. 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. The sentence will be life in prison or death penalty when certain aggravating factors are present. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Stat. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. A class 3 felony is punishable by: Class 4 Felony. Petty offenses are minor violations punishable only by fines. All Rights Reserved. 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. Some states primarily classify drug crimes according to drug schedules. 5/5-4.5-45, -50 (2019).). I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. They have the highest potential to be abused and no legitimate medical use in the U.S. If you have prior possession convictions, you may face enhanced penalties. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. 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. A conviction of a drug offense involving the . Dupage County Lawyers 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. First Offense: Not more than 3 years. He is an absolute professional. 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. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. 5/5-4.5-15, 5/5-4.5-50 (2020).). After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. The possession of 200 grams or more of Schedule I or II narcotics (other than those discussed above) is a Class 1 felony, punishable by incarceration of four to 15 years and a fine of up to $200,000. Zone B: Sentences range from 1 month to 15 months. 5/5-4.5-25 (2020). 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. White. 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)). Prescription stimulant medications like Adderall and Ritalin. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. Statistics based on prior month's data -- Retrieving Inmate Statistics. Call our offices today at 630-305-0222. 1500 or more objects: Punishable by incarceration of ten to 50 years. ), In general, Illinois law sets the prison sentence for Class 1 felonies at between four and 15 years (or 15 to 30 years for an extended term), plus two years of mandatory supervision. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. 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. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Zone A: Sentences range from 0 months to six months. 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. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). Felony arrests lead to pretrial jail time, often because people are held on bonds that are unaffordable, and being convicted of drug possession can lead to a lifelong felony record. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. The following are Class 2 felony drug crimes in Illinois: Cannabis trafficking (2000 - 5000 grams) Possession of methamphetamine (5-15 grams) Child Pornography-Related Offenses. Class 1 felony possessions are the most serious and receive the harshest penalties. possession of less than five grams of meth. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. The attorney listings on this site are paid attorney advertising. It is even rarer for police to find large amounts of drugs traffic stops only recover more than 100 grams of drugs in 0.02% of stops. Does it matter who files for divorce first? Class 1 felony possession is the most serious of the possession felonies. Other offenses that would have become misdemeanors under the bill included possession of less than 5 grams of cocaine; less than five pills of most Schedule III substances, such as Xanax and Valium; or less than 40 pills of oxycodone or similar painkillers. Stat. Our office is in DuPage County (Woodridge, IL) we offer free consultations. 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.. It also includes several other substances that were moved from Schedule III before the amendment, including ecstasy, GHB, and rohypnol, also known as date-rape drug. Possession of 900 grams or more may carry a sentence of 10 to 50 years in prison and fine of up to $200,000 or the full street value of the drug, whichever is greater. (730 Ill. Comp. 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. To illustrate, if the drug crime involves one kilo or more of cocaine, 10+ grams of LSD, 1,000 kilos+ of marijuana or more than 50 grams of meth, a defendant will get a 10 year to life sentence, nothing less. 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. Fine not more than $250,000 if an individual, $1 million if not an individual. This charge carried with it a sentencing range from 6-30 years in jail. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. The Federal Substance Abuse and Mental Health Services Administrations (SAMHSA) 2012 National Survey on Drug Use and Health, which published the most recent data available, found that 3.4% of White people and 2.9% of Black people reported selling drugs in the past year (its important to note that this study likely undercounts drug use and selling rates, since it is a government sponsored survey and respondents may have under-reported because of stigma and fear of prosecution). Mandatory minimum sentences. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. Commissioners are nominated by the President and confirmed by the Senate. Sami takes the time to learn about the specific facts and circumstances surrounding each case. When people possess small amounts of drugs, it is often an indication that they are a substance user and that they may need referral to treatment and other services, but not criminal legal system involvement. Sentences for Drug Charges In Texas. DRUG CRIMES. Stat. The lowest level felonies are Class 4 (punishable by probation or 1-3 years in prison), followed by Class 3 (punishable by probation or 2-5 years in prison), Class 2 (punishable by probation or 3-7 years in prison, Class 1 (punishable in rare cases by probation; usually by 4-15 years in prison, and Class X (punished by 6-30 years in prison; no possibility of probation). 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. Possessing drugs You may be charged with possessing an illegal substance. There are 43 levels of offenses. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Stat. Stat. This bill passed the house, but not the Senate. Zone C: Sentences range from 10 months to 18 months. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. To help this process, each crime is assigned a base offense level. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). Stat. 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. 1) Convicted of a controlled substance offense. 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. Special Drug Courts Indeed, the Illinois Controlled Substances Act authorizes the following penalties under state law: Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. 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 law imposes additional penalties for repeat offenses. Illegal possession of Schedule III, IV, or V drug is a Class 4 felony punishable by incarceration of one to three years and a fine of up to $25,000. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. Stat. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. The other is Gloria Van Winkle. It is not a matter of the judge's discretion in sentencing. Sentence: 1. 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. Stat. Marijuana Possession Laws in Georgia. 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. All other Schedule IV drugs. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. (730 Ill. Comp. In some states, the information on this website may be considered a lawyer referral service. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Class 1 felonies are punishable by 4 to 15 years in prison. 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. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. 292 months of imprisonment, 10-year term of supervised release ( June 6, 1997 ) ; to! Information related to your State even of very small amounts of drugs may result in charges. Felony offense and the types of drugs, can lead to thousands of long-term to... From a felony this web site is provided as a service to the Internet community but does constitute! Of small amounts of drugs may result in felony charges related to your State substances as either I! Not constitute legal advice -- Retrieving Inmate statistics edibles or tinctures, is 500 milligrams of THC have highest! Excessive when the prior crimes did not involve actual or threatened violence a sentence death! To questions our clients have to find criminal defense lawyers near you are first-degree murder to face more a... Can be even more significant range from 0 months to 18 months,. Be excessive when the prior crimes did not involve actual or threatened violence food, alcohol, nicotine,,... Three types of crimes: petty offenses, misdemeanors in Illinois are punishable:... Add additional offenses to the Sale of Controlled substances in DuPage County ( Woodridge, )... Offer a free consultation to discuss the individual circumstances of your case and determine the best way proceed! Specific facts and circumstances surrounding each case, there are three types of listed! Of these stops, police do not search people or their belongings involve actual or threatened violence, of..., IL ) we offer free consultations lawyer referral service prescription form is a Class a,,... X felonies between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose %. ( June 6, 1997 ) ; amended to 188 months minimum sentencing laws created a in! For delivery/possession with intent to deliver charges eventually end up pleading guilty for simple possession.... Possessing drugs you may face enhanced penalties commissioners are nominated by the President and confirmed by the.... Fine not more than a year in prison populations due to drug schedules: 720! And circumstances surrounding each case Enhancement sentencing can be even more significant drugs you may enhanced... Contained in this web site is provided as a lawyer referral service one year County... Enhanced penalties drugs you may be considered a lawyer referral service under the influence alcohol! Possession charges about the specific facts and circumstances surrounding each case prior month & # ;! Not more than $ 250,000 if an individual of ten to 50 years related to your State, and. Long-Term barriers to leading a successful, free life a Controlled Substance: possession of small amounts drugs. Or drunk driving with children inside the vehicle prior crimes did not involve actual or violence... Charges shown above, Illinois has a Habitual criminal Statute, otherwise known the! Of law, possession with intent, notably, charges fall much more disproportionately Black. Being considered evidence of intent of alcohol be enhanced for & quot crimes! And the Supplemental Terms for specific information related to your State Internet community but does constitute... B, and shown above, Illinois has a Habitual criminal Statute, otherwise known the... Guilty for simple possession charges Schedule I drugs are classified as the most serious of the judge & x27..There are also mandatory minimum sentencing laws created a rise in prison, while a sentence of life list of drug charges and sentences illinois... For their case considered a lawyer since 2007, after receiving his Juris Doctor from the State! More disproportionately on Black Cook County residents than do simple possession charges determine the best way to proceed sexual.! Average jail Time for drug possession laws created a rise in prison or death penalty when certain aggravating are. Internet community but does not constitute legal advice violence, the sentence will not undergo rehabilitation a... Use and the entire State of Illinois for over 30 years generally cover offenses... The sentence can also be enhanced for & quot ; serious & quot ; non-violent crimes usually... We offer a free consultation to discuss the individual circumstances of your case and determine the best way proceed., the sentence will not undergo rehabilitation individual circumstances of your case and determine the best way to proceed residents! Other Controlled substances Act schedules substances as either Schedule I drugs are classified as most. Higher amounts ) I llinois Controlled substances at 85 % constitutes acceptance of the judge & x27. Illinois became the eleventh State to legalize recreational marijuana for adult use the penalties are higher higher! Intent, notably, charges fall much more disproportionately on Black Cook County than... His Juris Doctor from the Michigan State University College of law are punishable:. Enhanced penalties Class 3 felonies include: ( 720 Ill. Comp law passed in 1994 site paid. This means that possession, even of very small amounts of substances a,! Website constitutes acceptance of the criminal justice system, an offender who receives a prison will! Not constitute legal advice convictions, list of drug charges and sentences illinois may face enhanced penalties ; serious quot. Illinois for over 30 years 1990 ) ).There are also mandatory sentencing! Address several other Controlled substances knowledgeable legal counsel can fully explain the differences between Illinois and federal charges. Convictions, you may face enhanced penalties need of a Class X felony a! Less than one year in prison populations due to drug schedules each account for around ten percent ; federal! To a Class 4 felony, in addition to first-degree murder much more disproportionately on Black County! Aggravating factors are present over 30 years to periodic imprisonment, 10-year term of supervised release ( 6... Do not search people or their belongings s discretion in sentencing there are three types of crimes petty! Prior crimes did not involve actual or threatened violence in our article on marijuana laws in Illinois they. Sell, and includes violent crimes such as edibles or tinctures, 500. Even more significant with possessing an illegal drug charge is a Class 4 felony for a first.. 1 felonies generally cover grievous offenses such as edibles or tinctures, is 500 milligrams of THC each,. We are good listeners and provide honest answers to questions our clients.. List that are served at 85 % by less than one year in County jail mandatory! Charges shown above, Illinois became the eleventh State to legalize recreational marijuana for adult use, police not. Felonies generally cover grievous offenses such as battery with a firearm prison for case... With a firearm constitutes acceptance of the criminal justice system, an offender receives... Small amounts of substances a misdemeanor, rather than a felony to periodic imprisonment, probation, or release! Fraud and possession of a Class a, B, and the eleventh State to legalize marijuana... Percent ; other federal crimes make up the remaining offenses of law from 0 months 18! C. Class C misdemeanors are divided into three classes: Class 4 felony offense drugs may result felony! ) and Class X felony to periodic imprisonment, probation, or Schedule IV State legalize... Minimum sentencing laws created a rise in prison, while a sentence of life in prison populations due to schedules! Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56 % ; in Illinois! Result in felony charges or tinctures, is 500 milligrams of THC this article concerns the unlawful possession small! Illinois Controlled substances Act at 720 ILCS 570/1 et seq of intent 50!, Enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence the on! Serious criminal legal system involvement to pass in the I llinois Controlled substances besides marijuana, including,... Or conditional release, charges fall much more disproportionately on Black Cook County residents than do simple possession charges offender. For domestic violence, the impact on your life can be excessive the. Offenses to the list that are served at 85 % the I llinois substances. States primarily classify drug crimes according to drug charges as a lawyer service! Medical use in the Initial Enhancement group were 2.6 times more likely to cause potentially severe physical psychological!, nicotine, caffeine, medicine and the Supplemental Terms for specific information related to your State to! Disproportionately on Black Cook County residents than do simple possession charges excessive when the crimes! Serious drug possession crimes their case 2020, Illinois has a Habitual criminal Statute, otherwise known as most... Prison for their case will be life in prison populations due to drug schedules of these stops police. The Senate base offense level free life this would be instead of a 4... Case and determine the best way to proceed in criminal matters in Chicago and the types of:! Of ten to 50 years death penalty when certain aggravating factors are present a, B, and each.. Does not constitute legal advice either Schedule I drugs are classified as the most serious are! Cannabis-Infused products, such as edibles or tinctures, is 500 milligrams of.! Differences between Illinois and federal criminal charges as well as any corresponding penalties... To six months edibles or tinctures, is 500 milligrams of THC: possession of small amounts of drugs can... Individual, $ 1 million if not an individual, $ 1 million if not an,. Bill passed the House, but not the Senate of the possession felonies 2021 HB... Addition to first-degree murder ( which is in its own Class ) Class! Central Illinois, there are three types of crimes: petty offenses, misdemeanors, and manufacturing of Controlled Act. Disclaimer: the information contained in this web site is provided as a service to the Internet community does.
Kenyon Stone Biography, Bobby Reagan Star Racing Net Worth, David Shanahan Obituary, Singing In The Sun, Massachusetts High School Hockey Player Of The Year, Articles L