Most Common Drug Crimes in Illinois
Illinois has some of the toughest drug laws in place. They were designed to fight major drug abuse in the United States. However, many of these laws have disproportionately affected black and brown individuals. Therefore, there has been a growing need for legal representation from those facing the stiff penalties involved in drug charges. Some of the most common drug crimes in Illinois come with convictions that can affect your life for many years. Those issues include impacting future employment opportunities and preventing you from being eligible for educational and housing opportunities. They can even result in you losing professional licenses and your rights as a parent. Here’s what you should know about the common drug crimes in Illinois and the penalties involved with them.
Possession of Controlled Substances
One of the most common drug crimes in Illinois is the possession of a controlled substance such as heroin, cocaine, morphine, methamphetamine, fentanyl, LSD, and peyote. In Illinois, the possession of these drugs is a felony in all cases, with the exception of cannabis. However, the punishment depends upon the amount a person possesses.
The lowest level, a Class 4 felony, is for possession of less than 1 gram of most drugs, which is punishable by probation or 1-3 years in prison. The exception is methamphetamine, which becomes a Class 3 felony and results in probation or 2-5 years in prison. Possession of 900 grams or more can result in a sentence of 10 to 50 years and a fine of up to $200,000 or the drug’s street value if it’s greater. The exception is for cannabis, which Illinois legalized in 2020. Yet it still can result in penalties for anyone carrying over 30 grams. Most drug-related arrests are for possession of small amounts, yet these arrests can still carry harsh penalties.
Possession of Drug Paraphernalia
Under Illinois law, the possession of drug paraphernalia is a Class A misdemeanor. Examples of drug paraphernalia includes kits for growing or making drugs, including cannabis; pipes or bongs used for smoking drugs; injection devices; grinders or sifters; roach clips; and other items used to facilitate drug use.
In this situation, the state must be able to prove beyond a reasonable doubt that the intent of the person was to use those items for taking a drug. A Class A misdemeanor in Illinois may result in up to one year in jail and a maximum fine of $2,500. However, punishments can be increased to one to three years and a maximum fine of $25,000 if the object was used on a person under 18. And if a person dies as a result of the use of the object, the charge may become a Class 3 felony, punishable by two to five years in prison and a maximum fine of $25,000. Drug paraphernalia convictions may result in a loss of employment, housing, or even a driver’s license as well.
Illegal Manufacturing of a Controlled Substances
The Illinois Controlled Substances Act outlines the illegal manufacturing of controlled substances as the production, compounding, or processing of controlled substances. This includes mixing drug components, chemically synthesizing, or packaging and labeling them for sale. Penalties depend upon the types and amount of drugs manufactured.
For example, manufacturing drugs in general will result in a minimum of a Class 1 felony. This results in between 4 to 15 years of jail time and fines up to $250,000. A person can receive a Class X felony charge for manufacturing over 15 grams, and in cases involving over 100 grams, a person can be fined up to $500,000 and face at least six years in jail. A maximum sentence of 60 years is for cases involving 900 grams or more of heroin or cocaine.
Drug Trafficking and Distribution
Drug trafficking is a common drug crime in Illinois. While it happens less frequently than drug possession crimes, it’s the most serious drug offense and is considered large scale. It is against the law to bring controlled substances into the State of Illinois, which is a drug trafficking offense under the federal Controlled Substances Act. It’s also against the law to deliver controlled substances with the intent to deliver them to another party.
Drug trafficking can result in penalties of at least 5 years for a first offense and fines starting at $5 million. Illinois also defines the term “distribution” separately, which refers to the exchange of drugs from a seller to a buyer. Distribution comes with a felony charge and can result in fines and jail time. And while recreational cannabis is legal in Illinois, the intent to distribute large amounts can result in fines and jail time as well.
Call Borsberry Law for These Common Drug Cases
If you’ve been arrested over one of the most common drug crimes in Illinois, don’t waste time. Get in touch with Borsberry Law immediately to defend your case. Borsberry Law has highly experienced criminal defense attorneys. And we have been serving Central Illinois for more than two decades. You can trust our team. After all, you want a reliable and experienced lawyer on your side to get the best possible outcome for your case.
Contact us today so we can start working on your case immediately. Don’t let an arrest ruin the rest of your life. We will make sure a judge hears your side of the story and that you have a more positive tomorrow. Contact us today at 309-637-9000 for a free consultation or fill out our online request form to get answers fast. We look forward to helping you right your situation.