Street Value Fine CS 720 ILCS 570/401(b)

Table of Contents

Understanding Street Value Fine CS 720 ILCS 570/401(b)

Street Value Fine CS 720 ILCS 570/401(b) refers to a section of the Illinois Compiled Statutes that deals with criminal offenses related to the manufacture, delivery, or possession of controlled substances. Specifically, it lays out penalties and fines based on the street value of the drugs involved.

The main points of this statute are:

It is illegal to manufacture, deliver, or possess controlled substances with intent to manufacture or deliver in Illinois, except as authorized by law.
Violations are felonies, with penalties depending on drug type and amount.
Fines can be based on the street value of the drugs, up to a maximum of $500,000.
Street value is determined by law enforcement based on typical sale prices on the street.
Higher penalties apply to drugs like heroin, cocaine, fentanyl, and morphine.

720 ILCS 570/401 lays out the main drug offenses in Illinois. Section (b) specifically states:

Any person who violates this Section with respect to the following amounts of controlled or counterfeit substances or controlled substance analogs, notwithstanding any of the provisions of subsections (c), (d), (e), (f), (g) or (h) to the contrary, is guilty of a Class 1 felony. The fine for violation of this subsection (b) shall not be more than $500,000.

This establishes that regardless of the tables in the other subsections, any violation involving the amounts listed in (b) is a Class 1 felony with a fine up to $500,000.¹

The amounts listed are:

1 gram or more but less than 15 grams of any substance containing heroin, or an analog thereof;
1 gram or more but less than 15 grams of any substance containing cocaine, or an analog thereof;
10 grams or more but less than 15 grams of any substance containing morphine, or an analog thereof;
50 grams or more but less than 200 grams of any substance containing peyote, or an analog thereof;
50 grams or more but less than 200 grams of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid, or an analog thereof;
50 grams or more but less than 200 grams of any substance containing amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof;
10 grams or more but less than 30 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
10 grams or more but less than 30 grams of any substance containing pentazocine, or an analog thereof;
10 grams or more but less than 30 grams of any substance containing methaqualone, or an analog thereof;
10 grams or more but less than 30 grams of any substance containing phencyclidine, or an analog thereof.

So possessing these amounts of these controlled substances invokes the Class 1 felony charge and $500,000 fine. But a key aspect is that the fine can be based on the street value, not just the maximum $500,000.²

Determining Street Value

Street value is determined by law enforcement and prosecutors based on the typical sale price of the drugs on the street. It aims to tie the penalty and fine to the actual value of the substances involved. Some factors considered are:³

The type of drug and its potency
How it is packaged – individually or in bulk
Where it was seized – urban or rural areas
Local supply and demand conditions
Law enforcement intelligence on pricing

By basing fines on street value, the penalty reflects the severity of the offense based on the drug’s worth in the illegal market. This aims to make the punishment fit the crime.

Implications and Defense Strategies

The street value fine has some important implications for defendants:

It can result in much larger fines than the statutory maximums.
Prosecutors have discretion in determining street value, so there may be room for negotiation.
Defendants may want to challenge the prosecution’s valuation with their own expert testimony.
They can also argue for the lowest plausible value based on the facts.
If the drugs were not destined for sale, street value may not apply.
Defendants may be able to get the fine reduced by cooperating and providing information.

Some other possible defenses include:⁴

The drugs were for personal use, not sale.
The defendant was entrapped by law enforcement.
The police lacked probable cause for the search or arrest.
The drugs were not in the defendant’s possession or control.
The substance was not actually an illegal drug.

An experienced criminal defense attorney can help assess the case and determine the best defense strategy to minimize penalties. This is especially important when street value can significantly increase fines.

Other Relevant Laws

Some other related Illinois drug laws include:

720 ILCS 570/401.1 – Penalties for manufacture or delivery of heroin, fentanyl, and analogs. Lays out specific penalties for these drugs.⁵
720 ILCS 570/401.2 – Businesses knowingly allowing unlawful drug manufacture or delivery on premises. Establishes penalties for businesses that permit drug offenses on their property.⁶
720 ILCS 570/405.1 – Possession of controlled, counterfeit or look-alike substances. Prohibits possession and lays out penalties.⁷
720 ILCS 570/405.2 – Possession of methamphetamines. Sets penalties for possession of this drug.⁸

The Illinois Controlled Substances Act (720 ILCS 570) contains additional relevant laws on the manufacture, delivery, and possession of illegal drugs in the state.

Conclusion

Street Value Fine CS 720 ILCS 570/401(b) allows fines for certain drug offenses to be based on the street value of the drugs involved. This aims to make the penalty reflect the severity of the crime. Defendants can challenge the valuation and also raise other defenses. Understanding the implications of this law and related statutes is important for anyone facing drug charges in Illinois.

References

720 ILCS 570/401(b) – http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K401
People v. McLaughlin, 2012 IL App (1st) 111714-U – https://casetext.com/case/people-v-mclaughlin-184
How Does the Government Determine Street Value of Drugs? – https://www.hg.org/legal-articles/how-does-the-government-determine-street-value-of-drugs-31620
Illinois Drug Crime Defenses – https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/illinois-drug-defenses.htm
720 ILCS 570/401.1 – http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+IV&ActID=1941&ChapterID=53&SeqStart=9700000&SeqEnd=11800000
720 ILCS 570/401.2 – http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+IV&ActID=1941&ChapterID=53&SeqStart=11000000&SeqEnd=13100000
720 ILCS 570/405.1 – http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+IV&ActID=1941&ChapterID=53&SeqStart=14900000&SeqEnd=15100000
720 ILCS 570/405.2 – http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+IV&ActID=1941&ChapterID=53&SeqStart=15100000&SeqEnd=15700000