Search
Facebook Twitter Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘Illinois drug laws’ tag

Penalties for Ecstasy Possession in Illinois

November 7th, 2019 at 10:53 am

IL drug crimes lawyer, Illinois defense attorney Ecstasy is often known as a party drug, but it is a substance that is illegal under Illinois’ drug laws. It also carries some of the harshest penalties for those convicted. The drug was blamed for causing an epidemic in Illinois in 2002, as it was said to have been responsible for a number of teenage deaths. It has also been called a growing threat to youth all around the country. It is because ecstasy is considered so dangerous that law enforcement and the prosecution here in Illinois take it so seriously.

Anyone accused of ecstasy possession should understand what penalties they are facing if they are convicted, and the importance of speaking to an Illinois criminal defense lawyer.

What Is Ecstasy?

Today MDMA, the technical name for ecstasy, is on Schedule I of the Controlled Substances Act. Drugs appearing on this schedule are thought to have a high potential for abuse and no currently accepted medical use.

However, ecstasy was not considered an illegal drug until the 1980s. Before that time, psychiatrists used the drug when treating patients, although it had not yet been tested or approved by the U.S. Food and Drug Administration. Since ecstasy has been banned throughout Illinois and the rest of the United States, it has become a very popular street drug.

Penalties for Ecstasy Possession in Illinois

Possessing any amount of ecstasy in Illinois is illegal. Like all drugs, the penalties associated with possessing the drug will depend on how much of the drug a person has in their possession.

The only ecstasy possession charge that is a Class 4 felony is possession of one to 15 tablets. The penalty for this charge for individuals convicted is one to three years in jail.

All other penalties for ecstasy possession are considered Class 1 felonies. Possessing 15 to 200 tablets carries a minimum sentence of four to 15 years in jail while possessing 200 to 600 tablets has a penalty of six to 30 years for individuals that are convicted.

Individuals found with 600 to 1,500 tablets of ecstasy face eight to 40 years in prison. Any amount of ecstasy in excess of 1,500 tables carries a minimum mandatory sentence of ten to 50 years in prison. When a person is found with more than 1,500 tablets of ecstasy in their possession, they may also face distribution charges.

These penalties will increase if the person accused has a prior conviction, or if they were found in possession of ecstasy near a school or place of worship. Individuals that are in possession of ecstasy while a crime was being committed or that had a firearm on them at the time of arrest may also face increased penalties if they are arrested.

Need Help With Your Ecstasy Charges? Call Our Illinois Criminal Defense Attorney

If you have been charged with ecstasy possession, you need the help of an experienced Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, our defense attorney knows how to defend against ecstasy possession and other drug charges to give you the best chance of holding on to your freedom. Call us today at 847-394-3200 or contact us online to schedule your free consultation so we can start preparing your defense today.

 

Source:

https://www.govinfo.gov/content/pkg/CHRG-107hhrg88329/html/CHRG-107hhrg88329.htm

Do You Know About the Drug-Free Zones in Illinois?

September 19th, 2019 at 7:25 am

IL defense lawyer, IL drug crimes attorneyIllinois has very strict laws surrounding drugs. Anyone convicted of committing an offense outlined in the Illinois Controlled Substances Act is subject to harsh penalties, no matter where they are at the time. However, location matters when charged with a drug crime. Like many other states, Illinois has drug-free zones. This means anyone caught committing a drug crime in these zones will face increased penalties, which may include several decades in jail.

Drug-free zones are highly controversial, and many states are considering removing these zones from their statutes. Unfortunately, Illinois has not yet made any such proposal to change their legislation.

How Drug-Free Zones Work

It was during the “War on Drugs” in the 1980s that drug-free zones became written into the law of every state. These laws stated there were certain zones that must be kept drug-free. The intent was to keep drugs out of the hands of children and protect them from other crimes such as theft, prostitution, and violent crimes associated with drug activity.

To ensure these zones were kept drug-free, these laws impose higher penalties for those caught committing a drug crime while in them. It does not matter if the offense involved a child or even the sale of drugs. Even those charged with a simple possession offense will face increased penalties under the law.

What Are the Drug-Free Zones in Illinois?

Drug-free zones are areas where children may be nearby. When most people think of these zones, they often only think of schools and public parks. However, the drug-free zones in Illinois keep expanding to include other areas, as well. Areas designated as drug-free zones in the state also include:

  • Public housing
  • Drug treatment facilities
  • Nursing homes
  • Highway and roadway rest areas
  • Churches
  • Truck stops
  • Correctional facilities

Some of these areas encompass much of Illinois, and that is why these laws are so controversial. Increasing penalties for offenses allegedly committed in these zones is only contributing to the state’s high incarceration rate. It also means the sentences for those convicted are disproportionate to the offense.

Enhanced Penalties for Drug-Free Zone Offenses

When a person commits a drug crime in a drug-free zone, the penalty is typically doubled if they are convicted. The prison time sentenced and fines issued will depend on the type of crime committed. The penalties for drug crimes not committed in a drug-free are below. Even though they do not reflect the enhanced sentencing, they are already very harsh.

  • Class X felonies: Six to 60 years in prison and a possible fine of $500,000 or the street value of the drug in question, whichever is greater
  • Class 1 felonies: Four to 15 years in prison and a maximum fine of $250,000
  • Class 2 felonies: Three to seven years in prison, and a maximum fine of $200,000
  • Class 3 felonies: Two to five years in prison, and fines ranging between $75,000 and $150,000
  • Class 4 felonies: One to three years in prison and a maximum fine of $25,000

When these penalties are doubled, it is easy to see how someone could spend the rest of their life in prison simply for being in the wrong place.

Charged with a Drug Crime? Contact Our Illinois Criminal Defense Attorney

If you have been charged with a drug crime, particularly if it occurred in a drug-free zone, you need a dedicated Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, we can provide the defense you need. We will challenge law enforcement’s investigation of the case, and refute arguments made by the prosecution. We will ensure your rights are protected every step of the way and give you the best chance of a positive outcome. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

What Are the Penalties for Heroin Possession in Illinois?

May 16th, 2019 at 4:49 pm

Illinois defense attorneyA Du Quoin man was found in possession of a small amount of heroin in early April. That was a violation of his parole and he was sent back to the Illinois Department of Corrections to serve out the rest of his sentence on previous charges.

Heroin possession is considered one of the most serious drug crimes in Illinois. Those convicted will have a criminal record for the rest of their life and could face several years in prison, as well as extremely high fines. While the penalties for heroin possession are extremely harsh within the state, a criminal defense lawyer can help those charged and give them the best chance of a successful outcome in court.

Illinois Law on Heroin

Heroin is classified as a Schedule 1 drug on the Illinois Controlled Substances Act and is illegal for anyone to possess, manufacture, or distribute. The specific classification of being on Schedule 1 means that heroin is considered a “hard” drug. In the eyes of the law, this is the most serious designation and as such, law enforcement and the prosecution pursue these cases aggressively.

Narcotics listed within the Schedule I are believed to have a high potential for abuse. They have no accepted medical benefits or uses, and there is no protocol that allows someone to use the drug safely, even under medical supervision. Due to this very strict classification, those charged with heroin possession face very serious penalties.

Penalties for Heroin Possession

All heroin possession charges in Illinois are considered felonies. This means they have some of the harshest penalties for those convicted. However, the actual sentence will depend on the amount of heroin a person had at the time of arrest. The amounts and associated penalties for heroin possession are:

  • 15 to 100 grams: 4 to 15 years in state prison, or a maximum fine of $200,000, or both.
  • 100 to 400 grams: 6 to 30 years in state prison, and/or a maximum fine of $200,000 or the street value of the drug.
  • 400 to 900 grams: 8 to 40 years in state prison, and/or a maximum fine of $200,000 or the street value of the drug.
  • 900 grams and over: 10 to 50 years in state prison, and/or a maximum fine of $200,000 or the street value of the drug.

In certain circumstances, these penalties are increased. For example, those caught in possession of heroin with 1,000 feet of a school, park, movie theater, or church can have their sentences doubled. This is also true for those found in possession of heroin and a firearm.

The penalties for heroin possession are certainly some of the harshest of all Illinois drug crimes. Those facing charges need the help of an attorney that can build a solid defense for their case.

Call Our Rolling Meadows Drug Crime Attorney Today

If you are facing heroin possession charges, or have been accused of any other drug crime, call a skilled Rolling Meadows criminal defense attorney at the Law Offices of Christopher M. Cosley at 847-394-3200. We can represent you if you are questioned by the police and challenge searches of your vehicle or home, all to create a strong defense for your case. Learn more about how we can help by calling or filling out our online form for your free case evaluation today.

 

Source:

https://thesouthern.com/news/local/crime-and-courts/du-quoin-man-gets-prison-time-for-possessing-heroin/article_4f926a6e-312c-5974-992d-8407edb1d927.html

FAQs About Medical Marijuana in Illinois

December 7th, 2017 at 8:22 am

medical marijuana, Rolling Meadows drug charges attorney, medical marijuana program, drug charges, Illinois drug lawsAccording to the ACLU, approximately 52 percent of all drug arrests conducted in the United States in 2010 were for marijuana-related crimes. This is largely thanks to the various drug laws that were passed during the government’s “war on drugs” campaign in the 70s—many of which imposed relatively harsh penalties for possessing or distributing marijuana.

However, in more recent years, several states, including Illinois, have relaxed their drug laws a bit and now permit the use of marijuana for medical purposes. Unfortunately many of these modern medical marijuana laws are not well understood by the public. Consider the following frequently asked questions to help clear some confusion. 

Q: What is “medical marijuana”?

A: The National Institute on Drug Abuse’s website notes that the term “medical marijuana” (sometimes called “medical cannabis”) refers to using the whole marijuana plant, or its extracts, to treat symptoms of illness. In other words, medical marijuana is, from a scientific standpoint, essentially the same as recreational marijuana.

Q: Who can legally obtain medical marijuana in Illinois?

A: In 2013, Illinois lawmakers passed the Compassionate Use of Medical Cannabis Pilot Program Act which was a temporary test program designed, at its core, to allow Illinois residents with qualifying debilitating medical conditions to use medical marijuana as part of their treatment plans.

Under this act qualifying “debilitating medical conditions” include Parkinson’s disease, glaucoma, muscular dystrophy, rheumatoid arthritis, as well as a number of other conditions. This pilot program was originally intended to run until the end of 2017 but last year lawmakers passed Senate Bill 10 which effectively extended the program until July 2020.

However, it should be noted that if you were convicted of a felony drug crime in the past then you are not eligible to participate in Illinois’ pilot medical marijuana program.

Q: How much medical marijuana can a qualifying patient possess under Illinois law?

A: Under Illinois’ Compassionate Use of Medical Cannabis Pilot Program Act, a qualifying patient who has properly registered and who possesses a registry identification card may not possess more than two and one-half ounces of usable marijuana.

Q: If I have a valid medical marijuana card can I legally grow marijuana at home for my own consumption?

A: No, under Illinois’ current medical marijuana laws individual cultivation is not allowed.

Need Legal Advice? Contact a Local Drug Charges Attorney

At The Law Offices of Christopher M. Cosley we defend clients against various felony and misdemeanor drug charges across Illinois. Thanks to Attorney Christopher Cosley, a former prosecutor in the Felony and Drug Division, our firm is well acquainted with the legal tactics commonly used by prosecuting attorneys in drug cases and we use this valuable insight to benefit our clients. To find out what an experienced Rolling Meadows drug charges attorney can do for you, contact our office today.

Source:

https://www.aclu.org/gallery/marijuana-arrests-numbers

https://www.drugabuse.gov/publications/drugfacts/marijuana-medicine

Back to Top Back to Top Back to Top