List of Drug Charges In Illinois
Illinois has strict drug laws that classify drug offenses into different levels of severity, with penalties ranging from fines and probation to lengthy prison sentences. Understanding the specific drug charges you may face and their potential consequences is crucial for anyone arrested on suspicion of a drug crime in Illinois. This article provides an overview of the most common drug charges in Illinois and their associated penalties.
Possession of Controlled Substances
Simply having illegal drugs in your possession can lead to criminal charges in Illinois. Possession charges relate to the amount of the drug you had at the time of arrest. The main factors determining the severity of possession charges are:
- Type of drug
- Weight of the drug
Under Illinois law, possession of the following amounts of these common illegal drugs are felonies:
- Heroin, Cocaine, Morphine
- 15-100 grams: Class 1 felony, punishable by 4-15 years in prison and fines up to $200,000
- 100-400 grams: Class X felony, punishable by 6-30 years in prison
- 400-900 grams: Class X felony, punishable by 8-40 years in prison
- More than 900 grams: Class X felony, punishable by 10-50 years in prison
- Methamphetamine
- Less than 5 grams: Class 3 felony, punishable by 2-5 years in prison
- 5-15 grams: Class 2 felony, punishable by 3-7 years in prison
- 15-100 grams: Class 1 felony, punishable by 4-15 years in prison
- More than 100 grams: Class X felony, punishable by 6-30 years in prison
Possession of smaller amounts of these drugs and other controlled substances like LSD, PCP, and anabolic steroids may be charged as lower-level felonies or misdemeanors depending on the circumstances.
Possession with Intent to Deliver
If you’re found to possess amounts of drugs that exceed personal use quantities, you may face the more serious charge of possession with intent to deliver or manufacture. This charge assumes you planned to sell or make the drugs. Penalties are harsher than for simple possession:
- Heroin, Cocaine, Morphine
- 15-99 grams: Class X felony, punishable by 6-30 years in prison and fines up to $500,000
- 100-399 grams: Class X felony, punishable by 9-40 years in prison
- 400-899 grams: Class X felony, punishable by 12-50 years in prison
- More than 900 grams: Class X felony, punishable by 15-60 years in prison
Delivery of Controlled Substances
Selling or distributing illegal drugs is punished most harshly under Illinois law. Like possession, penalties for delivery depend on the type and amount of drug. Possible charges for delivery or distribution include:
- Heroin, Cocaine, Morphine
- Less than 1 gram: Class 2 felony, punishable by 3-7 years in prison
- 1-14 grams: Class 1 felony, punishable by 4-15 years in prison
- 15-99 grams: Class X felony, punishable by 6-30 years in prison
- 100-399 grams: Class X felony, punishable by 9-40 years in prison
- 400-899 grams: Class X felony, punishable by 12-50 years in prison
- More than 900 grams: Class X felony, punishable by 15-60 years in prison
- Methamphetamine
- Less than 5 grams: Class 2 felony, punishable by 3-7 years in prison
- 5-14 grams: Class 1 felony, punishable by 4-15 years in prison
- 15-99 grams: Class X felony, punishable by 6-30 years in prison
- 100-399 grams: Class X felony, punishable by 9-40 years in prison
- 400-899 grams: Class X felony, punishable by 12-50 years in prison
- More than 900 grams: Class X felony, punishable by 15-60 years in prison
Manufacture of Controlled Substances
Actually making illegal drugs comes with stiff penalties in Illinois. Manufacturing charges relate to the creation of drugs like methamphetamine or conversion of substances into drugs like converting cocaine powder into crack cocaine. Possible penalties include:
- Methamphetamine
- Less than 5 grams: Class 2 felony, punishable by 3-7 years in prison
- 5-14 grams: Class 1 felony, punishable by 4-15 years in prison
- 15-99 grams: Class X felony, punishable by 6-30 years in prison
- 100-399 grams: Class X felony, punishable by 9-40 years in prison
- 400-899 grams: Class X felony, punishable by 12-50 years in prison
- More than 900 grams: Class X felony, punishable by 15-60 years in prison
- Cocaine, Heroin
- 15-99 grams: Class X felony, punishable by 6-30 years in prison
- 100-399 grams: Class X felony, punishable by 9-40 years in prison
- 400-899 grams: Class X felony, punishable by 12-50 years in prison
- More than 900 grams: Class X felony, punishable by 15-60 years in prison
Drug Conspiracy
If you collaborate with others to traffic illegal drugs, you may face charges like criminal drug conspiracy. Conspiracy laws allow each member of the operation to be held responsible for the entire quantity of drugs related to the conspiracy. Penalties can be severe even if you never directly handled the drugs yourself but assisted the operation in other ways like accounting, communications, or transportation.
Penalty Enhancements
The penalties outlined above represent the base level charges and sentences. However, Illinois law provides for penalty enhancements that can significantly increase sentences if certain conditions are met:
- School Zone – Penalties for drug crimes committed within 1,000 feet of a school, park, church or public housing complex are doubled.
- Use of Minors – Anyone 18 or older who uses a minor under 18 to assist in a drug crime faces double penalties.
- Previous Convictions – Harsher repeat offender penalties apply for those with prior drug convictions.
- Possession of Firearms – Possessing a firearm during commission of a drug crime doubles possible fines and sentences.
Federal Drug Charges
In addition to state charges, federal prosecutors can bring charges for drug crimes under the Controlled Substances Act. Federal charges often bring longer sentences without parole and other harsh consequences compared to similar state charges. Any quantity of illegal drugs can warrant federal charges. Common federal drug charges include:
- Drug Possession – Up to 1 year in prison for any amount of controlled substance. Subsequent convictions increase sentences.
- Drug Distribution – Potentially 5-40 years or more in prison depending on the drug and quantity. Substantial fines up to millions of dollars are possible.
- Drug Trafficking – 10 years to life in prison for trafficking large quantities of drugs.
- Drug Manufacturing – 10 years to life in prison for manufacturing substantial quantities of drugs under federal law.
Defenses Against Drug Charges
The severity of penalties for drug crimes in Illinois make building a strong defense crucial. Some possible defenses to fight drug charges include:
- Illegal Search – Evidence may be suppressed if obtained through an unconstitutional search without probable cause.
- Invalid Traffic Stop – Any evidence obtained after an invalid traffic stop may be excluded.
- Entrapment – Law enforcement induced you to commit a crime you otherwise wouldn’t have.
- Misidentified Substance – The substance is not actually an illegal drug.
- Lack of Knowledge – You did not know the drugs were in your possession.
- Duress – You committed the crime under threat of harm.
Given the complexity of Illinois and federal drug laws and the life-changing penalties at stake, retaining an experienced criminal defense attorney is highly advisable if you are facing any type of drug charge. An attorney can carefully examine the details of your case, advise you on possible defenses, and build the strongest defense to achieve the best possible outcome. Don’t leave your future to chance – get experienced legal help fighting drug charges today.