Drug Trafficking Charges in Illinois

 Posted on February 11,2024 in Criminal Defense

Under the Illinois Controlled Substances Act, drug trafficking occurs when anyone knowingly brings or helps to bring a controlled substance into the state with the intent to manufacture or deliver the drug.

In a recent year, the Prairie State was home to 406 drug arrests per 100,000 people. Due to the danger drug trafficking poses to public safety, these charges are often more severe than simple possession charges.

An experienced Chicago drug trafficking lawyer can give you an overview of drug trafficking and the types of penalties you may be up against if you are convicted.

What are the Penalties for Drug Trafficking?

In Illinois, drug trafficking is commonly charged as a felony, ranging from a Class 3 to a Class X felony, with certain drug trafficking being considered a misdemeanor offense.

Drugs are classified into different categories, known as schedules, based on their addictive nature and the potential for abuse. Drugs in Schedule I are considered the most addictive with the highest level of abuse, with drugs in Schedule V being considered the least addictive and serving a purpose in medical treatment.

Class X Felony

Schedule I and II drugs include heroin, fentanyl, and cocaine. According to 720 ILCS 570/401, if you are found in possession of 15 to 100 grams of a Schedule I substance, this is a Class X felony. You may be sentenced between 6 to 30 years in prison.

However, if you are trafficking more than 100 grams of heroin, cocaine, morphine, and LSD, then you could potentially be paying a fine of $500,000 or the full street value of the drug.

Class 1 Felony

If you are trafficking one to 15 grams of heroin, fentanyl, and cocaine, this is charged as a Class 1 felony. You will be sentenced anywhere from four to 15 years in prison, with a maximum fine of $250,000.

Class 2 Felony

If you are trafficking other narcotics, LSD analogs, or a substance containing amphetamine or fentanyl, you will be charged with a Class 2 felony. You must be transporting less amounts than the criteria for a Class 1 felony. You could be spending three to seven years in prison, with a maximum fine of $200,000.

Class 3 Felony

The trafficking in drugs in schedules III, IV, and V, such as ketamine, Valium, Xanax, and up to 200 milligrams of codeine, will be charged as a Class 3 felony. You may be incarcerated for two to five years, potentially paying a fine of $150,000.

Misdemeanors

If you are trafficking a look-like substance, you could be charged with a Class C misdemeanor, potentially spending 30 days in jail. Those who committed a prior offense within two years will be charged with a Class B misdemeanor. For a Class B misdemeanor, you could be spending six months in jail and potentially paying a fine of $1,500.

No matter what the charge is against you, a Cook County drug trafficking lawyer can help to have your charges dismissed or reduced.

Speak with a Chicago, IL, Drug Trafficking Lawyer Today

A person who is convicted of drug trafficking can potentially face double the penalties as compared to drug manufacturing or distribution. If you or a family member have been charged with drug trafficking, you need to speak with a Cook County, IL, drug trafficking lawyer today. Contact Law Offices of James F. DiQuattro online or by calling 312-627-9482 to schedule your free consultation.