CONTACT

ERWIN LAW FIRM, LTD.​​

122 S. Locust Street, Suite C

Sycamore, IL 60178​

Tel: 847-977-6298 (Text Available)

brian@erwindefense.com

 

***Available 24/7 for consultation 

Disclaimer: This website is designed for general information purposes only and should not be construed as legal advice. Contacting me or communicating through the use of this website does not create an attorney-client relationship. Please do not send confidential information to me until an attorney-client relationship has been established. An attorney-client relationship is established when we personally meet to discuss your matter. State laws are constantly changing, please contact me to verify the laws you are researching. Case results depend on a variety of factors unique to each case and the results of any case do not guarantee or predict a similar result in any future case.

© 2019 by Erwin Law Firm, Ltd. All rights reserved.

Narcotics

In Illinois, drug offenses are taken very seriously. The State's Attorney's Office and the Police Departments along with the Federal Government pour endless amounts of money into programs and specialized units to make arrests and obtain convictions. The police will even have known criminals work for them as CI's. This is why a simple possession of a drug can turn into a much higher class of intent to deliver.  Charges may carry enhanced factors based upon the location when within 500 feet of a school, church or park.  Additionally, controlled substances like cocaine, heroin, fentanyl, opiates, MDMA, and morphine carry a harsher sentence than cannabis.

Under Illinois law drug charges are classified into misdemeanor and felony

offenses. However, any amount of a controlled substance, even residue,

is a felony. Drugs are broken down into categories or schedules and then

again into weights or amounts. Each drug penalty based upon the type,

schedule and amount is sentenced under either the Illinois Cannabis

Control Act or the Illinois Controlled Substances Act. 

 

 

Penalties For Controlled Substances Possession

  • Less than 15 grams offers probation or 1 to 3 years in prison and fined up to $25,000;

  • 15-99 grams of heroin, cocaine or morphine, punishable of 4 to 15 years in prison and fined up to $200,000;

  • 100-399 grams of heroin, cocaine or morphine, punishable of 6 to 30 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater;

  • 400-899 grams of heroin or cocaine, punishable of 8 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater;

  • 400-899 grams or more of morphine, punishable of 6 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater;

  • 900 grams or more of heroin, cocaine or morphine, punishable of 10 to 50 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater.

Penalties For Controlled Substances Manufacture / Delivery / Intent to Deliver:

  • Less than 15 grams is punishable of probation or 3 to 7 years in prison and fines up to $250,000;

  • Less than 15 grams with enhancing factors is punishable of 4 to 15 years in prison and fines up to $250,000;

  • 15-99 grams of heroin, cocaine or morphine punishable sentence of 6 to 30 years, and a fine of up to $500,000;

  • 100 to 399 grams of heroin, cocaine or morphine punishable sentence of 9 to 40 years, and a fine of up to $500,000 or the street value of the drug;

  • 400 to 899 grams of heroin, cocaine or morphine punishable sentence of 12 to 50 years, and a fine of up to $500,000 or the street value of the drug;

  • 900 grams or more of heroin, cocaine or morphine, punishable sentence of 15 to 60 years, and a fine of up to $500,000 or the street value of the drug.

It is important to note that the penalties mentioned are a small portion of the criminal consequences possible under Illinois law. As such, the information contained herein is by no means a complete outline of Illinois state drug laws and certainly should not be considered a substitute for expert legal counsel.