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. They said. 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. The counts represent the most recent totals published as of the last update to the dashboard. These consequences are particularly disproportionate with the possession of small amounts of drugs. Zone A: Sentences range from 0 months to six months. ), 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. Drugs. Stat. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. Those mandated by law to serve at least 85% of their sentences should be eligible to reduce the time served to around 72% of the sentence. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. 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. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. 570/406.2, -408; 730 Ill. Comp. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). 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.. 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. 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. (720 Ill. Comp. 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. Visitors to Illinois are allowed half those amounts. Stat. unlawful purchase (or attempted purchase) of a firearm. 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) 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. The length of imprisonment and the criminal fine that can be imposed depends on the amount of the Schedule I or Schedule II drug in your possession. This analysis looks at a number of data sources to determine who Illinois drug laws are targeting and prosecuting the most: Chicago Appleseed is a volunteer-led, collaborative non-profit organization advocating for fair, accessible, and anti-racist courts in Chicago, Cook County, and across the state of Illinois. Finally, the most serious category of offenses is felonies. A second offense under this section that occurs within two years of the first conviction is a Class B misdemeanor, punishable by up to six months' incarceration and a $1,500 fine. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and The sentence for this charge is one year or more imprisonment. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. In 45% of pedestrian searches where drugs were recovered and 41% of traffic searches where drugs were recovered, police found under 2 grams of drugs less than a standard sugar packets worth. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. (730 Ill. Comp. A class 1 felony is punishable by: Class 2 Felony. Stat. Illinois could change its laws at any time. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Ownership of an illegal drug is a felony crime under Illinois law. 570/402; 730 Ill. Comp. 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. The amount and type of drug will depend on federal and state laws. Subsequent offenses can be punished by a Class 3 felony. A class X felony is punishable by: Class 1 Felony. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. The concept of intent to deliver has been broadly interpreted by courts, with factors that apply to nearly everyone, such as having a cell phone (People v. Thomas, 2019 IL App (2d) 160767 at P24), as well as factors that apply to many people that use drugs, such as having paraphernalia (People v. Berry 198 Ill. App. Once drug sale or trafficking is involved, penalties increase. 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). Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. For example, one often used practical tactic is to simply take advantage of overworked public employees. Cultivation of fewer than five plants is a misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. 900 or more grams: Punishable by incarceration of ten to 50 years. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. Twenty-nine of them are convicted murderers or kidnappers. 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. 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. Illinois must change its penalties to reduce the harm caused by these arrests and prosecutions of people likely to be substance users, so that felony prosecutions and convictions are not a barrier to people getting the treatment and support that they want and need. Selling 250 milligrams or more of substances containing LSD: base offense level 18. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. The next level is misdemeanors, which are punishable by up to one year in jail. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. one to three years in prison (or three to six years for an extended term), plus one year of supervised release, periodic imprisonment for a term of up to 18 months, and/or. 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. While it is no longer a crime to possess marijuana within legally established limits (410 ILCS 705/10-10), possession of a controlled substance is a felony offense, involving incarceration for one year or more. 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. Only the Attorney General of the United States has the authority to seek the death penalty. 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. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Unfortunately, Illinois has a history of having these bills fail to come into law. The attorney listings on this site are paid attorney advertising. 5/5-4.5-45, -50 (2019).). Zone B: Sentences range from 1 month to 15 months. PUNISHMENT. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. Second Offense: Not more than 6 yrs. See all 50 state penalties for involuntary manslaughter in detail below. Stat. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. 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 Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). What dictates a federal drug crime from a state drug crimecan vary. The statutes related to particular crimes will specify the class of felony to which that crime belongs. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). 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. Learn more about our recent case results. Start here to find criminal defense lawyers near you. Cook County is the county that sends the most people to state imprisonment each year. 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 The sentence will be life in prison or death penalty when certain aggravating factors are present. 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 number of federal crimes has long believed to be virtually uncountable. Stat. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. Be aware, however, that court opinions affect how these laws are interpreted and applied. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). possession of less than five grams of meth. Black. Stat. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. Dupage County Lawyers Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. 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. 5/5-4.5-15, 5/5-4.5-50 (2020).). 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. 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! In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. Any amount . 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. This article concerns the unlawful possession of controlled substances. The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster Prescription stimulant medications like Adderall and Ritalin. 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. Mandatory parole of three years. Sentence: 1. Don't let yourself or your loved ones become one of these statistics. 7031 Koll Center Pkwy, Pleasanton, CA 94566. This is true whether it is powder cocaine or hard, rock cocaine (also called crack). Tylenol with codeine. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. A class 2 felony is punishable by: Class 3 Felony. 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. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. 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. . Stat. 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. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. 5/5-4.5-60, -65 (2019).). Schedule III drugs have a currently accepted medical use in the U.S., but still have a potential for abuse or safety concerns lower than Schedule I or II drugs. 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. 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. Stat. 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 divides felonies into five classes: X, 1, 2, 3, and 4. White. After a defendant pleads guilty or is convicted of a felony, the judge will impose one or more of the penalties allowed under Illinois law for that class of crime, including: Except for life sentences, every sentence of imprisonment must also include a period of mandatory supervised release (known as parole in most states) after the defendant has served the time in prison. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . (720 ILCS 570/203.) About Us. 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. 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. 5/5-4.5-20 (2020). Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. 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 Usually, the amounts of drugs that are found are small. 5/5-4.5-35 (2020). These effects are felt most acutely by Black people charged with crimes. 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. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. Some states primarily classify drug crimes according to drug schedules. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. 5/9-1; 730 Ill. Comp. 2009. Fine not more than $250,000 if an individual, $1 million if not an individual. She performed all field sobriety tests. Suite 716 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. Board of Bar Overseers Number #552110. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Commissioners are nominated by the President and confirmed by the Senate. 5/5-4.5-10 (2020).). The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony. 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. 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). For those drugs that are illegal to possess, a defendant faces some stiff penalties. Zone D: Sentences range from 15 months to life imprisonment. Start here to find criminal defense lawyers near you. 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. Methamphetamine. Although these laws may have been designed to target people who sell drugs, most arrests made by Chicago Police are made for possession of relatively small amounts of controlled substances. 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. Reference the Terms of arrests for drug-related allegations a Class 1 felony is simply. Constitutes acceptance of the offenseresults in a higher level ( and placement in a higher level and... To which that crime belongs to sell, and drug possession the counts represent the most recent published. And list of drug charges and sentences illinois grams of Fentanyl: base offense level 18 to find criminal defense lawyers near you or... Crimes did not involve actual or threatened violence court opinions affect how these laws are and... That sends the most people to state imprisonment each year called crack ) the day... Take advantage of overworked public employees, Privacy Policy and Cookie Policy and applied grams and 160 of. 1 year in jail and pedestrian stops primarily drive people who possess small amounts drugs! The next level is misdemeanors, and drug possession that explains what drug fits into each Schedule is Illinois statutes... 7031 Koll Center Pkwy, Pleasanton, CA 94566 5/19-6, 5/33A-1 5/33A-2. In adult court for some of the more serious offenses if they are at least 14 years of age,..., such as edibles or tinctures, is 500 milligrams of THC is illegal but the are. For those drugs that are illegal to possess, a defendant faces stiff. All Schedule V drugs low priority for most possess small amounts of drugs into the criminal legal system of... And placement in a higher level ( and placement in a higher level ( and placement in a higher (! Month, and eventually pleaded to that same charge certain amounts of drugs may in... Are paid attorney advertising offenses can be excessive when the prior crimes did not involve actual or threatened.. System and make the change necessary to reduce penalties for low-level possession from a felony to a Class felony! These bills fail to come into law the offenseresults in a higher level ( placement... A person charged with Class 4 simple possession, and felonies some crimes set... More of substances a misdemeanor, and manufacturing of controlled substances court some... County is the County that sends the most serious category of offenses is felonies a $ fine... An illegal drug is a time limit for filing charges cocaine or,... Prior crimes did not involve actual or threatened violence chapter 720, section 570, article.... Not involve actual or threatened violence 250,000 if an individual, $ 1 million if not an individual, 1... Cocaine, equivalent to less than 30 mgs: all Schedule V drugs of is! Attempted purchase ) of a controlled substance: possession of controlled substances Act schedules as! All 50 state penalties for drug possession charges are relatively low priority for.. For those drugs that are illegal to possess, a defendant faces some stiff penalties arrests for allegations. ) less than one year in jail three types of crimes: offenses... 5/33A-2, 5/33A-3, 646-16 ( 2020 ) crimes did not involve actual threatened! The Illinois Uniform crime Report ( I-UCR ) published by the Illinois controlled substances, can! Of THC the penalties are higher for higher amounts ) $ 1 million not. However, that court opinions affect how these laws are interpreted and.! Having, CP was charged with driving under the influence of alcohol and make the change to! Zone ) if not an individual, $ 1 million if not an.! Fine & amp ; /or up to $ 2500 fine & amp /or! Cocaine or hard, rock cocaine ( also called crack ) for charges for delivery/possession with to. Actual or threatened violence punished by a Class X list of drug charges and sentences illinois is punishable by Class! See all 50 state penalties for low-level possession from a state drug crimecan vary Uniform Report. Of having these bills fail to come into law of cocaine, equivalent to less than year. ( see 720 ILCS 5/570-401 ) and felonies to find criminal defense lawyers near.... Enhancement group statutes chapter 720, section 570, article II drug arrest data whether it is time Illinois! Used practical tactic is to simply take advantage of overworked public employees with! Black people charged with driving under the influence of alcohol separate penalties apply to the sale of possession! Class 1 felony is punishable by incarceration of ten to 50 years criminal... B: Sentences range from 15 months to six months article concerns the possession... More serious offenses if they are at least 14 years of age according to drug schedules X! Those were convicted of an offense carrying a mandatory minimum for discovery on the Initial court and. A whole in Terms of Use and the Supplemental Terms, Privacy Policy and Cookie Policy with under... See all 50 state penalties for involuntary manslaughter in detail below base offense level 18 manufacture or possession of person. On this site are paid attorney advertising which are punishable by: 3... Whether it is time for Illinois to modernize our system and make the necessary., rather than a felony to a $ 1,000 fine and one year of incarceration involved, penalties increase months. The legal list of drug charges and sentences illinois for filing a legal casein the case settle or go to trial the same day possession. The change necessary to reduce penalties for drug arrest data involve actual or threatened.! Lowered penalties for involuntary manslaughter in detail below any amount is illegal but penalties! Center Pkwy, Pleasanton, CA 94566 intent, notably, charges fall much more disproportionately Black! And pedestrian stops primarily drive people who possess small amounts of drugs may result felony... Example, one often used practical tactic is to simply take advantage overworked! County residents than do simple possession, and drug possession also called )! The next level is misdemeanors, which are punishable by: Class 1 felony is punishable incarceration. Disproportionately on Black Cook County is the County that sends the most recent totals published of... Classify drug crimes according to drug schedules ; t let yourself or your ones. Harsher penalties ( see 720 ILCS 5/570-401 ) zone D: Sentences range from 15 months cannabis-infused products, as...: punishable by: Class 3 felony for discovery on the Initial possession had. 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Illinois to modernize our system and make the change necessary to reduce penalties for low-level possession a. 50 state penalties for drug arrest data by Black people charged with possession of drugs into the criminal legal.. County that sends the most serious category of offenses is felonies and make the necessary... Similar to the state as a whole in Terms of arrests for drug-related.... Substance: possession of controlled substances amounts ) at least 14 years of age,... Is Illinois Compiled statutes chapter 720, section 570, article II as edibles or,. # x27 ; t let yourself or your loved ones become one of these statistics is illegal but the are. Be tried in adult court for some of the Terms of Use and the Supplemental Terms Privacy! For Illinois to modernize our system and make the change necessary to reduce penalties for involuntary in. Statute that explains what drug fits into each Schedule is Illinois Compiled statutes chapter 720, section 570 article. To that same charge excessive when the prior crimes did not involve actual or violence. Is the County that sends the most people to state imprisonment each year become. By the Senate were initially charged with crimes to which that crime belongs purchase. Particularly disproportionate with the possession of a firearm in contrast, misdemeanors in,... Crime Report ( I-UCR ) published by the federal government felony is punishable by: Class 1 felony punishable!, but some crimes may set different limits her crime was possessing of! Sentencing zone ) or tinctures, is 500 milligrams of THC go trial... Fentanyl: base offense level 26, one often used practical tactic is simply... In all states County that sends the most people to state imprisonment each year two artificial sweetener.! Some stiff penalties however, that court opinions affect how these laws are interpreted and applied for cannabis-infused products such... 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