The penalties for drug-related crimes in Illinois are directly linked to the type of drug involved in the crime. The more serious the drug, the more serious the range of penalties that can be imposed.
In order to aid in sentencing, Illinois divides drugs into distinct categories. These categories range from Schedule I, which includes the most serious and dangerous drugs, to Schedule V, which includes the least-harmful substances. If you are arrested in Chicago for a drug crime involving a Schedule I or Schedule II drug it is important to speak with an experienced criminal defense attorney. Call the Kostopoulos Law Group to learn about how we can help you minimize the consequences of your Schedule I or Schedule II drug arrest.
Schedule I Drugs
Drugs that are classified as a Schedule I controlled substance are considered to be the most dangerous and potentially-harmful for users. Illinois will classify a controlled substance as a Schedule I drug if:
- The drug has a high potential for abuse, and
- There is no currently accepted medical use for that substance.
Schedule I drugs, by definition, cannot be obtained legally in any way. As a result, if you are found in possession of a Schedule I drug you will face incredibly harsh criminal penalties.
Substances that are classified as Schedule I drugs in Illinois include (but are not limited to):
- PCP (phencyclidine)
- LSD (lysergic acid diethylamide)
- MDMA (methylenedioxyamphetamine)
- DMT (Dimethyltryptamine)
- Peyote, and
Schedule II Drugs
Schedule II controlled substances are dangerous and have a high potential for abuse, but do have a prescribed medical purpose. As a result, Schedule II drugs can be obtained legally in very limited situations with a prescription. Illinois will classify a drug as a Schedule II controlled substance if:
- There is a high potential for abuse,
- The drug has a currently accepted medical use, and
- Abuse of the drug may lead to “severe psychological or physiological dependence.”
Substances that are classified as Schedule II drugs in Illinois include (but are not limited to):
- Oxymorphone, and
Schedule I & II Drug Crime Penalties
Possession, delivery, manufacture, and trafficking of Schedule I and Schedule II drugs are serious crimes under the Illinois Controlled Substances Act and will result in felony charges. The penalties for Schedule I and Schedule II drugs are often identical, but can vary depending on the specific drug involved in the crime. Schedule I and/or Schedule II drug crimes most often involve the possession and/or delivery of heroin, cocaine, morphine, LSD, and methamphetamine.
Possession of Heroin, Cocaine, LSD, Morphine
Possession of heroin, cocaine, LSD, or morphine is a Class 1 Felony in Chicago. The length of imprisonment and the criminal fine that can be imposed depends on the amount of the Schedule I or Schedule II drug in your possession.
- 15 – 100 grams (at least 4 but no more than 15 years in prison)
- 100 – 400 grams (at least 6 but no more than 30 years in prison)
- 400 – 900 (at least 8 but no more than 40 years in prison)
- 900+ grams (at least 10 but no more than 50 years in prison).
The criminal fine for possession of these Schedule I or Schedule II drugs is $200,000 or the street value of the drug.
Possession of Methamphetamine
Possession of methamphetamine is a felony offense in Chicago. The specific charge and the applicable criminal penalty depend on the amount of the drug that was in your possession. The penalties become more serious as the amount of the drug in your possession increases. Possession of less than 5 grams of meth is a Class 3 Felony, while possession of more than 100 grams of meth is a Class X Felony. Fines for possession of methamphetamine can be as much as $500,000.
Possession With Intent to Deliver Schedule I & Schedule II Drugs
When you have a substantial amount of a Schedule I or Schedule II drug in your possession you may face aggravated charges for possession with the intent to deliver. Delivery essentially means attempting or successfully distributing a drug. Distribution can be through a sale, gift, or trade. The penalties for possession with the intent to deliver a Schedule I or Schedule II drug will be, at the very least, a Class 2 Felony.
Fighting Schedule I & Schedule II Drug Charges in Chicago
Have you been arrested for a drug crime involving a Schedule I or Schedule II drug? If you are charged and convicted of this felony offense your future will be changed forever. You will not only face a long time behind bars and be required to pay tens of thousands of dollars in fines, but also be forced to live with a criminal record. Having a drug conviction on your record will make it incredibly tough to find a job, rent a home, and live a normal life. You will likely lose your rights to vote and own a gun, and may even face significant personal losses if a family law judge doesn’t think you’re fit to be a parent. You can avoid these consequences by aggressively defending yourself against the criminal charges.
Call the drug crime defense attorneys at the Kostopoulos Law Group today to learn about how we can help you minimize the consequences of your arrest. During your free consultation, we will review your case, make sure that your rights have not been violated, and answer the questions you have.