Drug Offenses

Lawler Brown can provide legal representation for the following drug offenses (not cumulative):

 

  1. Unlawful Possession of Cannabis
  2. Unlawful Production/Manufacture of Cannabis (growing)
  3. Unlawful Possession of Cannabis with the intent to distribute
  4. Unlawful Delivery of Cannabis (sale)
  5. Cannabis Trafficking
  6. Unlawful Possession of Controlled Substances
  7. Unlawful Manufacture or Sale of Controlled Substances
  8. Unlawful Possession of Controlled Substances with the intent to distribute
  9. Unlawful Delivery of Controlled Substances
  10. Unlawful Possession of Drug Paraphernalia

Overview

There are several types of drug charges. Depending on the charge, there are varying penalties. The potential sentence varies depending on the offense.  The range of punishment in general is as follows: felony or misdemeanor conviction, probation or court supervision, incarceration in the Illinois Department of Corrections or county jail, probation or conditional discharge, fines, fees and court costs, mandatory drug counseling, or public service work. Additionally, if you have never been charged with a drug offense you may be eligible for 410 probation. 410 Probation 720 ILCS 570/410(a) provides:

“Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under subsection (c) of Section 402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such person, may sentence him or her to probation.”

Translation: If you have never been convicted of, pled guilty or put on court supervision for any drug related crime in the United States, you may be sent to probation under Chapter 410. The benefit here is if you fulfill all the terms, the Court will dismiss the charge at the completion of the term of probation. In essence, this is “felony supervision.” The conditions you must follow are laid out specifically in 720 ILCS 570/410(c) which provide:

“The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.”

Penalties for Various Drug Offenses

Note: The below Illinois Department of Correction sentence ranges do not take into account whether someone is extended term eligible (has previously been convicted of the same degree felony or greater). Meaning, the below ranges assume you have not been convicted of a same degree felony or greater within the last ten years. Unlawful Possession of Cannabis

  • Possession of less than 2.5 grams of cannabis can be charged a Class C Misdemeanor. It is punishable by up to a $1,500.00 fine; 24 months court supervision, conditional discharge or probation; and/or up to 30 Days in Jail.
  • Possession of between 2.5 and 10 grams of cannabis can be charged a Class B Misdemeanor. It is punishable by up to a $1,500.00 fine; 24 months court supervision, conditional discharge or probation; and/or up to 180 Days in Jail.
  • Possession of between 10 and 30 grams of cannabis can be charged a Class A Misdemeanor. It is punishable by up to a $2,500.00 fine; 24 months court supervision, conditional discharge or probation; and/or up to 364 Days in Jail.
  • Possession of between 500 and 2000 grams of cannabis can be charged a Class 3 Felony. It is punishable by up to a $25,000.00 fine; up to 48 months conditional discharge or probation; and/or between 2 to 5 years in the Illinois Department of Corrections.
  • Possession of between 2000 and 5000 grams of cannabis can be charged a Class 2 Felony. This is punishable by up to a $25,000.00 fine; up to 48 months conditional discharge or probation; and/or between 3 to 7 years in the Illinois Department of Corrections.
  • Possession of over 5000 grams of cannabis can be charged a Class 1 Felony. It is punishable by up to a $25,000.00 fine; up to 48 months conditional discharge or probation; and/or between 4 to 15 years in the Illinois Department of Corrections.

Unlawful Possession of Cocaine, Methamphetamine, Heroin, Morphine, or LSD

  • Possession of any amount (less than 5 grams) of these controlled substances can be charged a Class 4 Felony. It is punishable by up to a $25,000.00 fine; up to 48 months conditional discharge or probation; and/or between 1 to 3 years in the Illinois Department of Corrections.
  • Possession of between 15 and 100 grams of these controlled substances can be charged as a Class 1 Felony. It is punishable by up to a $200,000.00 fine; up to 48 months conditional discharge or probation; and/or between 4 to 15 years in the Illinois Department of Corrections.
  • Possession of between 100 and 400 grams of these controlled substances can be charged a Class 1 Felony. It is punishable by up to a $200,000.00 fine; up to 48 months conditional discharge or probation; and/or between 6 to 30 years in the Illinois Department of Corrections.
  • Possession of between 400 and 900 grams of these controlled substances can be charged as a Class 1 Felony, which is punishable by up to a $200,000.00 fine; up to 48 months conditional discharge or probation; and and/or 8 to 40 years in the Illinois Department of Corrections.
  • Possession of more than 900 grams of these controlled substances can be charged a Class 1 Felony, which is punishable by up to a $200,000.00 Fine and/or between 10 to 50 years in the Illinois Department of Corrections.

Unlawful Sale, Manufacture, or Possession with the Intent to Distribute Cannabis

  • Less than 2.5 grams can be charged a Class B Misdemeanor. This is punishable by up to a $1,500.00 fine; up to 24 months court supervision, conditional discharge or probation; and/or up to 180 days in county jail.
  • Between 2.5 grams and 10 grams can be charged as a Class A Misdemeanor. It is punishable by up to a $2,500.00 fine; up to 24 months court supervision, conditional discharge or probation; and/or up to 180 days in county jail..
  • Between 10 grams and 30 grams can be charged as a Class 4 Felony. It is punishable by up to a $25,000.00 fine; up to 30 months conditional discharge or probation; and/or between 1 to 3 years in the Illinois Department of Corrections.
  • Between 30 grams and 500 grams can be charged as a Class 3 Felony. It is punishable by up to a $55,000.00 fine; up to 48 months conditional discharge or probation; and/or between 2 to 5 years in the Illinois Department of Corrections.
  • Between 500 grams and 2000 grams can be charged as a Class 2 Felony. It is punishable by up to a $100,000.00 fine; up to 48 months conditional discharge or probation; and/or between 3 to 7 years in the Illinois Department of Corrections.
  • Between 2000 grams and 5000 grams can be charged as a Class 1 Felony. It is punishable by up to a $150,000.00 fine; up to 48 months conditional discharge or probation; and/or between 4 to 15 years in the Illinois Department of Corrections.
  • More than 5000 grams can be charged as a Class X Felony. It is punishable by up to a $200,000.00 fine; is not an offense for which you could receive probation; and/or between 6 to 30 years in the Illinois Department of Corrections.

Unlawful Sale, Manufacture, or Possession with the Intent to Distribute Cocaine, Heroin, Morphine and Methamphetamine

  • Between 1 and 15 grams can be charged as a Class 1 Felony. It is punishable by up to a $250,000.00 fine; up to 48 months conditional discharge or probation; and between 4 to 15 years in the Illinois Department of Corrections.
  • Between 15 and 100 grams can be charged as a Class X Felony. It is punishable by up to a $500,000.00 fine; is not an offense for which you could receive probation; and/or between 6 to 30 years in the Illinois Department of Corrections.
  • Between 100 and 400 grams can be charged as a Class X Felony. It is punishable by up to a $500,000.00 fine; is not an offense for which you could receive probation; and/or between 9 to 40 years in the Illinois Department of Corrections.
  • Between 400 and 900 grams can be charged as a Class X Felony. It is punishable by up to a $500,000.00 fine; is not an offense for which you could receive probation; and/or between 12 to 50 years in the Illinois Department of Corrections.
  • Between 400 and 900 grams can be charged as a Class X Felony. It is punishable by up to a $500,000.00 fine; is not an offense for which you could receive probation; and/or between 12 to 50 years in the Illinois Department of Corrections.
  • Over 900 grams can be charged as a Class X Felony. It is punishable by up to a $500,000.00 fine; is not an offense for which you could receive probation; and/or between 15 to 60 years in the Illinois Department of Corrections.

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