Unfortunately, Illinois has a history of having these bills fail to come into law. 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. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. 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. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Illinois Compiled Statutes chapter 720, section 570, article II. If you have prior possession convictions, you may face enhanced penalties. First Offense: Not more than 3 years. There is no statistically significant difference between races in rates of reported drug use. In a separate case, found guilty of possession of drugs, a third-degree . On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. 924(c). In general, a judge must impose a sentence within the range for the relevant felony class. Stat. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. Clearly, any felony-level charges should be taken very seriously. Federal cases are serious. Stat. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. 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. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. 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. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In addition, Illinois law calls for more severe sentences under certain circumstances. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. Stat. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. But in the small minority of cases where they do search peoples things, police find drugs in only about 1-in-5 traffic stop searches (22%) and about 1-in-6 pedestrian searches (16%). 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. TX. 5/5-4.5-20 (2020). For this reason, an individual charged with possession of the lowest quantity category of drugs could be charged with anywhere from a Class 4 felony (lowest class of felony) to a Class 1 felony (second highest class of felony) depending on the location of the arrest and whether the police and prosecutors decide to allege that there was intent to deliver (See 720 ILCS 570/402(c) and 720 ILCS 570/401(d) and (e)). Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Stat. 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). Each of the five types of felony charges in Illinois has its own penalties. While many federal drug crimes are also state crimes, some acts are considered criminal only at the federal level (for instance, marijuana is nowlegal in Coloradobut still deemed illegal by the U.S. government). Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. 5/5-4.5-40 (2020).). The Illinois Sentencing Policy Advisory Council (SPAC) has calculated the approximate cost of incarcerating someone in Illinois jails in 2021 was $40,567 annually, or about $111.14 per day. Sentences for Drug Charges In Texas. Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. 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. Class 3 felonies are punishable by 2 to 5 years in prison. ), 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. Aggravating and Mitigating Factors for Sentencing Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. Stat. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. You can find the current version of any statute mentioned in this article with this search tool. Offenses. 900 or more grams: Punishable by incarceration of ten to 50 years. Second Offense: Not more than 6 yrs. Drug courts provide offenders with an opportunity to receive treatment. 15 - 100 grams (at least 4 but no more than 15 years in prison) 100 - 400 grams (at least 6 but no more than 30 years in prison) 400 - 900 (at least 8 but no more than 40 years in prison) People who are found to be minimally involved in a drug crime will usually find their level decreases by two. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. See all 50 state penalties for involuntary manslaughter in detail below. The U.S. In some states, the information on this website may be considered a lawyer referral service. The next level is misdemeanors, which are punishable by up to one year in jail. Instead, police are mostly stopping and arresting people likely to be users of substances who are carrying a small amount for personal use, rather than drug kingpins. In reality, big busts of drugs from traffic stops are exceedingly rare. She was pulled while driving home with several people in her car. 100 to 399 grams: Punishable by incarceration of six to 30 years. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. Methamphetamine. Possession of any other amount of a Schedule I or II narcotic (other than those discussed above) is a Class 4 felony, punishable by incarceration of one to three years and a fine of up to $25,000. Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. 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. 570/402, 730 Ill. Comp. Suite 716 5/12-3/3, 5/18-1, 5/24-3.5 (2020). However, the sentence can also be enhanced for "serious" crimes. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. The attorney listings on this site are paid attorney advertising. Class X Felony. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. 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.. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. 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). Data Notes The Assembly passed the bill, 60-12. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). 5/12-3.05, 5/16-1, 646/60 (2020).). Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. Finally, the most serious category of offenses is felonies. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. You can find more information in our article on Marijuana Laws in Illinois. Do Not Sell or Share My Personal Information, firing a gun while committing aggravated battery, criminal statute of limitations in Illinois, Do Not Sell or Share My Personal Information, periodic imprisonment, under which the defendant may be committed to a county, municipal, or regional correctional institution for periods of time (not allowed for the most serious felonies); and, committed the crime against an elder (60 or over) or disabled person, or. 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. Class 1 felony possessions are the most serious and receive the harshest penalties. Stat. 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. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. In Illinois (as in most states), crimes are considered felonies if the potential punishment includes at least a year in state prison (or the death penalty). Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. Drug possession crimes can be of any class other than Class X. What Is the Average Jail Time for Drug Possession? List of Misdemeanor Charges There are many types of misdemeanor charges, which include but are not limited to the following list of misdemeanor charges: Disorderly conduct Domestic violence Driving with a loud car stereo DUI Harassment Loitering Minor in possession of a controlled substance Obstructing traffic Open container Personal injury Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. 5/5-4.5-60, -65 (2019).). Many opioid pain medications like Vicodin, OxyContin, and methadone. 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. 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. 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. It is not a matter of the judge's discretion in sentencing. Cook County is the county that sends the most people to state imprisonment each year. 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. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. possession of less than five grams of meth. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. 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. For a second or subsequent offense, the offender will be charged with a felony, which is punishable by one to five years imprisonment and a maximum fine of $10,000. They said. 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. Any amount . 15 to 99 grams: Punishable by incarceration of four to 15 years. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. 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). 5/2-7, 730 Ill. Comp. 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