Being convicted of drug possession, intent to sell, or trafficking can have a long-lasting and significant impact on a person’s life. If you’re facing drug charges of any kind, you need a steadfast legal advocate in your corner. You need a Peoria drug crime lawyer from Giraudo Law, Inc. Contact us today so we can get started working on your case and fighting for your future.
Drug Crime Lawyer | Serving Peoria County & all of Illinois
Here at Giraudo Law, Inc., we believe that everyone is innocent until proven guilty. An allegation is not the same as a conviction, but you need a competent Peoria County criminal defense lawyer in your corner who can help preserve your innocence and safeguard your future. Fortunately, you are in the right place. We are here to help you, every step of the way.
Penalties for Marijuana-Related Charges in Illinois
In the state of Illinois, citizens are allowed to possess up to 30 grams of marijuana with no penalty whatsoever. However, if you’re caught with more than that, you can expect to face several penalties. The penalties for marijuana possession charges in Illinois are as follows:
- Between 30 and 100 grams: A misdemeanor, punishable by one year of incarceration and a $2,500 fine.
- Between 30 and 100 grams (second offense): A felony, punishable by between one and three years of incarceration, and a potential $25,000 fine.
- Between 100 and 500 grams: A felony, punishable by between one and three years of incarceration, and a potential $25,000 fine.
- Between 500 and 2,000 grams: A felony, punishable by between two and five years of incarceration and a potential $25,000 fine.
- Between 2,000 and 5,000 grams: A felony, punishable by between three and seven years of incarceration and a potential $25,000 fine.
- More than 5,000 grams: A felony, punishable by between four and 15 years of incarceration and a potential $25,000 fine.
That said, the penalties for selling marijuana in Illinois are far harsher. For example, if you’re caught selling even 2.5 grams of marijuana, you’ll face misdemeanor charges, which can entail up to six months of incarceration and a potential $1,500 fine. Between 2.5-10 grams can warrant one year of incarceration and a $2,500 fine. Between 10 and 30 grams is a felony and can warrant up to three years of incarceration and a $25,000 fine. These penalties will only increase with the greater amount of marijuana you’re caught trying to sell. Never face a marijuana charged without a competent drug crime lawyer in your corner.
Cocaine Possession Penalties in Illinois
Much like marijuana, the amount you’re found in possession of will dictate the severity of the penalties you’ll face. The penalties for cocaine possession charges in Illinois are as follows:
- Less than 15 grams: Class 4 felony, punishable by one to three years of incarceration and a potential $25,000 fine.
- 15 to 100 grams: Class 1 felony, punishable by four to 15 years in prison and a potential $200,000 fine, or the street value of the cocaine, whichever is greater
- 100 to 400 grams: Class X felony, punishable by six to 30 years in prison a potential $200,000 fine, or the street value of the cocaine, whichever is greater
- 400 to 900 grams: Super Class X felony, punishable by eight to 40 years in prison and a $200,000 fine, or the street value of the cocaine, whichever is greater
- More than 900 grams: Super Class X felony, punishable by 10 to 50 years in prison and a $200,000 fine, or the street value of the cocaine, whichever is greater
Fentanyl Possession Penalties in Illinois
The fentanyl epidemic has taken our country by storm. Because of this, courts seek to harshly punish all those accused of fentanyl possession/intent to sell. Some of the penalties for fentanyl possession charges in Illinois are as follows:
- Possession of fentanyl for personal use is a Class 1 felony, punishable by 4 to 15 years in prison and a fine of up to $25,000.
- Possession of fentanyl with intent to manufacture or deliver is a Class X felony, punishable by 6 to 60 years in prison and a fine of up to $500,000, depending on the amount of fentanyl involved.
- Possession of fentanyl analogs (substances that are chemically similar to fentanyl) is treated the same as possession of fentanyl under Illinois law.
Heroin Possession Penalties in Illinois
Heroin is one of the most deadly drugs known to man. Because of this, those accused of possessing it will face a wide range of penalties, including the following:
- Possession of less than 15 grams: This is a Class 4 felony, which can warrant anywhere between one and three years of incarceration and a potential $25,000 fine.
- Possession of 15-99 grams: This is a Class 1 felony, which can warrant anywhere between four and 15 years of incarceration and up to $200,000 in fines.
- Possession of 100-399 grams: This is a Class 1 felony, punishable by anywhere between six and 30 years of incarceration and a potential $200,000 fine.
- Possession of 400-899 grams: This is a Class 1 felony, which can warrant anywhere between eight and 40 years of incarceration and a potential $200,000 fine.
- Possession of more than 900 grams: This is a Class 1 felony, punishable by anywhere between 10 and 50 years of incarceration and a $200,000 fine.
Methamphetamine Possession Penalties in Illinois
Methamphetamine is a highly addictive and dangerous stimulant, and if you’re caught in possession of it, you’ll likely face various consequences. The penalties for methamphetamine possession charges in Illinois are as follows:
- Less than five grams: Class 3 felony, which can warrant two to five years of incarceration and a $25,000 fine.
- Between five and 15 grams: Class 2 felony, which can warrant three to seven years of incarceration and a $25,000 fine.
- Between 13 and 100 grams: Class 1 felony, which can warrant four to 15 years of incarceration and a $25,000 fine.
- Between 15 and 400 grams: Class X felony, which can warrant between six and 30 years of incarceration and a potential $100,000 fine (or the street value of the meth, whichever is greater)
- Between 400 and 900 grams: Class X felony, which can warrant eight to 40 years of incarceration and a $200,000 fine (or the street value of the meth, whichever is greater)
- 900 or more grams: A Class X felony, which can warrant between 10 and 50 years of incarceration and a potential $300,000 fine (or the street value of the meth, whichever is greater)
Possession Vs. Distribution Charges
If you are arrested for a drug crime in Illinois, the consequences can vary depending on whether you are charged with possession or distribution of a controlled substance. Possession means that you had the drug on your person or under your control, while distribution means that you sold, delivered, or gave away the drug to someone else. The penalties for distribution are usually more severe than those for possession, as they reflect the intent to sell or give the drug to others.
For example, if you’re caught in possession of less than 15 grams of heroin, you will face a Class 4 felony, which can warrant anywhere between one and three years of incarceration and a $25,000 fine. However, if you are convicted of distributing even one gram or less of heroin, you will face a Class 2 felony, which can warrant anywhere between three and seven years of incarceration, as well as a potential $200,000 fine. Additionally, distribution of a controlled substance within 1,000 feet of a school, park, church, or public housing complex will most likely warrant an enhanced penalty of twice the minimum and maximum prison term and fine.
Contact a Drug Crime Lawyer
Don’t face drug charges on your own. If convicted, you could spend years in jail, face high fines, and develop a permanent criminal record. Our legal team is here to fight for you and your future. Contact Giraudo Law, Inc. today for help.
