Drug crimes and addiction ruin many lives across the State of Illinois every year, tearing families apart and even resulting in fatal overdoses. Accordingly, Illinois law prohibits any person from manufacturing, delivering, or trafficking drugs. When a person violates these laws by manufacturing, delivering, or trafficking drugs, the end result is generally an extended prison sentence and a staggering amount of fines.
Drug Manufacturing/Delivering
720 ILCS 570/410 frames the Illinois laws against drug manufacturing/delivering. Under this section, it is unlawful to create illegal drugs or distribute them to other people. It is also unlawful to possess illegal drugs in such a quantity that indicates an intent to manufacture or deliver.
The penalties for drug manufacturing/delivering also appear under Section 570/410. Though Illinois law pegs the applicable punishment to the type and quantity of illegal drugs at issue. To illustrate this principle, please find below a breakdown of different Illinois penalties for drug manufacturing/delivering.
- For the most dangerous drugs listed in Schedules I/II — such as heroin, cocaine, and fentanyl — large-scale manufacturing or delivering can result in Class X felony charges. A conviction typically leads to a maximum of 30 years in prison and $500,000 in fines.
- For smaller amounts of these dangerous substances, manufacturing or delivering can result in Class 1 felony charges. A conviction usually ends with a maximum of 15 years in prison and $250,000 in fines.
- For other narcotic drugs listed in Schedule I/II, manufacturing or delivering can result in Class 2 felony charges. A conviction ordinarily triggers a maximum of seven years in prison and $200,000 in fines.
- For drugs listed in Schedule III, manufacturing or delivering can result in Class 3 felony charges. A conviction ordinarily triggers a maximum of seven years in prison and $125,000 in fines.
- For drugs listed in Schedule IV, manufacturing or delivering can result in Class 3 felony charges. A conviction ordinarily triggers a maximum of seven years in prison and $100,000 in fines.
Drug Trafficking
720 ILCS 570/410.1 details the Illinois laws against drug trafficking. In this context, the word trafficking has a specific legal definition. It qualifies as trafficking when a person brings illegal drugs into Illinois for the purpose of manufacture or delivery. Even if a person fails in manufacturing or delivering attempts, it can still count as a violation of Illinois law.
The punishment for drug trafficking is essentially double the applicable penalty for manufacturing/delivering. The exact prison sentence and applicable fine depends upon the type and quantity of illegal drugs in question. Drug trafficking features a prison sentence that is twice as long and fines that are twice as much.
Additionally, Section 570/401.1 addresses the use of cell phones and similar devices in furtherance of drug trafficking. It is a Class 2 felony to engage in drug trafficking and use a cell phone or similar device at the same time. A conviction will lead to $100,000 in fines, in addition to other applicable penalties under the law.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.