Drug trafficking involves the transportation of illegal drugs and other controlled substances into the State of Illinois. Given the potential dangers involved with this type of enterprise, the Illinois Criminal Code imposes severe punishment for drug trafficking crimes. To understand the boundaries of it will be helpful to first review the Illinois laws against and penalties for drug distribution.
What are the Illinois Laws Against Drug Distribution?
Illinois law under 720 ILCS 570/401 makes it unlawful to knowingly manufacture, deliver, or otherwise transfer possession of illegal drugs. State law also prohibits any person from possessing illegal drugs with the intent to deliver or manufacture. Collectively, these offenses are sometimes referred to generally as drug distribution crimes.
On the other hand, the Illinois Controlled Substances Act does carve out a several exceptions to drug distribution crimes. For example, certain medical professionals and retail providers are allowed to manufacture or deliver controlled substances, if doing so occurs in their typical course of professional conduct.
What are the Penalties for Drug Distribution in Illinois?
Section 570/401 creates a multilayered penalty structure for drug distribution crimes. To illustrate the escalating nature of the penalties for drug distribution, it will be helpful to use an example. The following penalties apply to heroin, which is a Schedule I controlled substance, whether the crime involves distribution or possession with intent to distribute:
- Less than 15 grams – Imprisonment for a period of four to 15 years;
- Between 15 and 100 grams – Imprisonment for a period of six to 30 years;
- Between 100 and 400 grams – Imprisonment for a period of nine to 40 years;
- Between 400 and 900 grams – Imprisonment for a period of 12 to 50 years; or
- More than 900 grams – Imprisonment for a period of 15 to 60 years.
In addition to a prison sentence, there are severe fines associated with drug distribution crimes. Remaining with the heroin example, the range of fines is generally $250,000 to $500,000. Though in certain cases, the fine is equal to the “street value” of the drugs in question, if that value exceeds the statutory threshold.
What are the Illinois Laws Against Drug Trafficking?
Illinois law under 720 ILCS 570/401.1 makes it illegal to knowingly bring a controlled substance into the state for the purposes of committing a drug distribution crime, such as manufacture or delivery. Even if the ultimate manufacture or delivery is unsuccessful, possession with intent can still result in charges for drug trafficking.
As with drug distribution crimes, however, there are a few exceptions. Drug trafficking does not apply to approved medical uses. So, doctors and retail providers are sometimes allowed to transport controlled substances into Illinois for the purposes of manufacture or delivery. But these actions must occur within the confines of reasonable and typical professional conduct.
What are the Penalties for Drug Trafficking in Illinois?
Section 570/401.1 provides that drug trafficking has a penalty that is double the penalty for distributing the same amount of illegal drugs. In other words, if a person commits drug trafficking with 15 grams or less of heroin, they can face eight to 30 years in prison. Or, if drug trafficking involved 900 grams or more of heroin, the sentence will likely be 30 to 120 years in prison. Either way, the fines for drug trafficking crimes will usually be in the range of $500,000 to $1 million.
On a related note, Section 570/401.1 provides a penalty for using a cell phone in the furtherance of a drug trafficking crime. This offense is punishable as a Class 2 felony with a sentence of three to seven years in prison and up to $100,000 in fines.
