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Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

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Cook County Considers Clearing Some Drug Records, Not All

Traditionally, drug cases seemed very open and shut. If someone is found with a large manufacturing and delivery operation in Illinois for illegal drugs, then they face some serious legal consequences. Some aspects of drug crimes, however, may be changing.

The State Attorney of Cook County, Kim Foxx, wants to expunge certain crimes from people’s records. Convictions for marijuana are at the top of her list, but so are some crimes involving heroin and cocaine.

Foxx has a vision of reframing some drug laws in the state for small-time offenders as a way to help those with drug addiction. Though there does seem to be a line drawn in the sand for cases involving manufacturing and delivery of drugs.

In Illinois, the manufacturing and delivery of drugs is a serious crime, and a conviction involves serious consequences.

While the state may be looking to help those in the throes of addiction, it’s not looking to help those that supply them. Here’s what you need to know about the laws and penalties surrounding drug manufacturing in Illinois.

Illinois Controlled Substance Act

In Illinois, drug crimes are covered under something called the Illinois Controlled Substance Act. The purpose of this Act is to provide a justice system that can control the use and distribution of controlled substances and help discourage people from providing drugs to others or using them.

It seeks to punish those who manufacture, traffic, or distribute controlled substances and help curb the negative impact of drugs in Illinois.

The Act doesn’t seek to punish those who use drugs but hopefully curb drug use and abuse by attempting to punish those that manufacture and deal drugs.

How this works out through the Act is that those who are found guilty of drug manufacture are severely punished based on the quantity of whatever illicit drugs they are found with at the time of the arrest.

What Is a Controlled Substance?

, Cook County Considers Clearing Some Drug Records, Not All

Under the Illinois Controlled Substance Act, there are a variety of drugs specifically addressed. Some of the most widely-known controlled substance covered within the text are as follows:

Methamphetamines are not covered under this act but are by other Acts. Tobacco and alcohol are also not considered controlled substances. Mostly, this Act covers substances that fall into the categories of hallucinogens, stimulants, and depressants.

Counterfeit substances are also covered. So, if someone manufactures fake medications and slaps a name brand on them, then they can be prosecuted under this Act.

What Does It Mean to Manufacture Controlled Substances?

Under Illinois law, manufacturing means that a substance is prepared, compounded, processed, produced, or propagated through the extraction of naturally occurring substances or through chemical synthesis.

Also, packing a substance or labeling a container with the substance in it is considered manufacturing under the Act.

Penalties of Manufacturing a Controlled Substance

, Cook County Considers Clearing Some Drug Records, Not All

There are severe penalties linked with the manufacture of a controlled substance – which is a felony. As previously mentioned, though, the penalty is directly related to the amount of controlled substance a person is found guilty of manufacturing.

In general, the penalties associated with the manufacture of a controlled substance include the following – but recognize that the particular circumstances of each case can have a bearing on the outcome and these are only general guidelines:

  • One Gram or Less: If you are found guilty of manufacturing a controlled substance and the amount was under one gram, then you can face as much as seven years in prison and be responsible for fines for as much as $200,000. There is a possibility of probation at this level.
  • One to 15 Grams: If you are found guilty of manufacturing a controlled substance in an amount between one and 15 grams, then you can face up to 15 years in prison and be responsible for fines for as much as $250,000. There is a possibility of probation at this level.
  • 15 to 99 Grams: For those found guilty of manufacturing a controlled substance in the amount of 15 to 99 grams, then a penalty of up to 30 years in prison can be faced. Fines may also be assessed upwards of $500,000. And there will be no possibility of probation for this level of crime.
  • 100 to 399 Grams: For those found guilty of manufacturing this amount of a controlled substance, the penalties can include up to 40 years in prison and fines of as much as $500,000. There is no possibility of probation.
  • 400 to 899 Grams: If found guilty of the manufacture of a controlled substance in this amount range, then a person can face up to 50 years in prison and fines of as much as $500,000. There is no possibility of probation.
  • 900 Grams and Above: For those found guilty of manufacture at this level, up to 60 years in prison can be sentenced and fines for as much as $500,000 can be ordered.

 

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

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