Drug Offenses are Common in Illinois
Drug offenses are extremely common in Illinois. In fact, they are among the most frequently filed criminal charges in the state. Most drug crimes in Illinois fall under two main laws – the Illinois Controlled Substance Act and the Cannabis Control Act.
The Illinois Controlled Substance Act
The Illinois Controlled Substance Act is the primary drug law in the state. It regulates the manufacture, distribution, and possession of controlled substances other than cannabis. The law categorizes drugs into different schedules based on their potential for abuse and accepted medical use.
Substances like heroin, LSD, and ecstasy are Schedule I drugs, meaning they have a high potential for abuse and no accepted medical use. Cocaine, methamphetamine, and prescription opioids are Schedule II, indicating they also have a high abuse potential but some medical purpose.
Simple possession of a controlled substance is generally a Class 4 felony in Illinois, punishable by 1-3 years in prison. However, possession of smaller amounts may be charged as a misdemeanor. The sale or trafficking of drugs is punished much more harshly based on the type and quantity involved.
For example, the delivery of 15-100 grams of cocaine is a Class X felony with a sentence of 6-30 years. Delivery of just 1-15 grams bumps down to a Class 1 felony (4-15 years). Even giving someone a small amount of drugs for no remuneration can be charged as delivery and face years in prison.
The Cannabis Control Act
The Cannabis Control Act specifically covers offenses related to marijuana and hashish. Prior to legalization, possession of 2.5 grams or less of cannabis was a Class C misdemeanor with a fine up to $1,500 and possible jail time up to 30 days.
Between 2.5-10 grams was a Class B misdemeanor punishable by up to 6 months in jail and a $1,500 fine. Possession of 10-30 grams of marijuana was a Class A misdemeanor with a $2,500 fine and up to 1 year in jail. Anything over 30 grams was a felony.
Now that recreational cannabis is legal in Illinois, possession of up to 30 grams by an adult is completely legal. Possession of 30-500 grams is punishable by a civil law violation with a fine up to $125. Minors can still be charged with possession.
Selling cannabis without a license remains illegal in Illinois. Unlawful delivery or sale of 30-500 grams is a Class A misdemeanor for first offenses. Subsequent offenses or amounts over 500 grams bump up to a Class 4 felony.
Drug Charges are Common in Illinois
According to FBI crime statistics, Illinois had over 42,000 arrests for drug abuse violations in 2018. Marijuana possession accounted for nearly half of these. Over 20,000 people were arrested for possessing or selling opium, cocaine or derivatives.
Drug arrests have actually been trending down in recent years, but still make up a significant portion of criminal charges. Nearly 1 in 10 felony convictions in Illinois are for drug offenses.
Chicago sees the bulk of drug crime in the state. A 2017 report found that narcotics offenses were the most common felonies charged in Chicago, even more than violent crimes.
Factors Contributing to High Drug Arrests
There are several reasons drug crimes are so prevalent in the Land of Lincoln:
- Chicago’s role as a distribution hub – The city’s size, central location, airports, highways, and rail lines make it an ideal transit point for drugs. Mexican cartels smuggle significant amounts of heroin, cocaine, and meth through the area. Chicago gangs then sell these drugs locally while also shipping them throughout the Midwest.
- Poverty and lack of opportunity – Low-income Chicago neighborhoods with few job prospects provide fertile recruiting ground for gangs involved in drug trafficking. The desire for fast money lures disadvantaged youth into the dangerous drug trade.
- War on Drugs policies – Strict laws and penalties aimed at curbing drug abuse have filled American prisons but done little to reduce overall drug use. Critics argue these policies disproportionately impact minorities and low-level offenders. Illinois’ recent legalization of marijuana reflects a shift away from War on Drugs attitudes.
- Inadequate drug treatment – Effective substance abuse and mental health treatment is lacking within both prisons and the community. This makes it difficult for addicted individuals to get clean and stay out of the justice system.
Impact of Drug Charges
The prevalence of drug charges in Illinois has significant social and economic consequences:
- Tens of thousands of non-violent offenders end up with criminal records that hurt employment prospects.
- Hundreds of millions are spent annually locking up drug offenders. Prisons are overcrowded while funding for education, healthcare and social services is lacking.
- Families are torn apart when parents are incarcerated for minor possession charges. Children often end up in foster care.
- Individuals convicted of drug felonies lose access to federal education assistance, public housing, and other benefits. Their ability to turn their lives around is hindered.
- Minorities face disproportionately high arrest and incarceration rates, contributing to distrust of police and the perception that the criminal justice system is biased.
- Illinois taxpayers foot the bill for all the costs associated with enforcing drug laws and imprisoning offenders. Estimates suggest the state could save over $100 million per year by releasing non-violent drug offenders from prison.
The Need for Reform
There is clearly a need for reform when it comes to drug policy in Illinois. Many experts argue that drug abuse should be treated as a public health issue rather than a criminal justice matter. Here are some of the changes that could help:
- Diversion programs – Allowing first-time or low-level drug offenders to complete rehab, counseling and community service rather than face prosecution. This approach has been successful in Cook County and other jurisdictions.
- Decriminalization – Reducing penalties for minor drug possession to civil fines rather than criminal charges. Oregon and several other states have gone this route.
- Increased treatment funding – Providing adequate substance abuse and mental health treatment, both within the prison system and in the community. This is proven to reduce recidivism.
- Harm reduction strategies – Public health interventions like needle exchanges and safe injection sites that reduce the dangers of drug abuse rather than relying solely on punishment.
The tide is slowly turning against the harsh War on Drugs policies of past decades. A more balanced, pragmatic approach focused on treatment and harm reduction will help alleviate the heavy burden of drug offenses on Illinois’ criminal justice system.