When you hear ‘drug trafficking,’ you might imagine a high-level drug dealer like the ones seen on television in shows like Narcos or Breaking Bad. However, you could be charged with drug trafficking for a relatively small amount of drugs on your person. At Glasgow & Olsson in Schaumburg, Illinois, our lawyers have the experience necessary to help you meet the challenges of an arrest for drug trafficking charges. Our attorneys have successfully challenged drug charge cases ranging from cocaine, heroin, marijuana, meth, ecstasy, and even fraudulent prescriptions such as Oxycontin.
What is Drug Trafficking?
Drug trafficking is defined under Illinois state law as knowingly bringing illegal substances into the state for the purpose of illegal selling, advertising, manufacturing, transporting, or distributing the controlled substance. Controlled substances under the law include cocaine, heroin, marijuana, prescription pills, and more. To break this down further, the following are specific definitions of various types of violation that qualify as drug trafficking:
- Advertising – Attempt, by publication, dissemination, solicitation, or circulation, to entice others to acquire the illegal substance.
- Manufacturing – Producing, preparing, compounding, processing, encapsulating, packaging, repackaging, labeling, or re-labeling illegal substances. Compounding is the preparation of drugs or devices in anticipation of receiving prescription drug orders.
- Distribution – Delivering a controlled substance from the seller to the buyer.
At trial, the state would have the burden of proving beyond a reasonable doubt that the individual charged with drug trafficking knowingly brought or arranged for the transportation of a controlled substance into or out of the state of Illinois. The state can help prove this by showing that the individual engaged in the actions listed above, such as advertising or manufacturing of the substance.
What are the Consequences of a Drug Trafficking Charge?
Any person who violates 720 ILCS 570/403 involving 100 grams or more of any controlled substance listed in the statute may be fined up to $200,000 or the full street value of the controlled substance, whichever is greater. Street value is determined by the court based on evidence provided by law enforcement officials as to the amount seized and the current street value of that substance. Otherwise, the following penalties apply for heroin, cocaine, morphine, peyote, bath salts, amphetamines, LSD, and certain prescription pills:
- Less than 15 grams – imprisonment for 4-15 years;
- 15-100 grams – imprisonment for 6-30 years;
- 100-400 grams – imprisonment for 9-40 years;
- 400-900 grams – imprisonment for 12-50 years; or
- 900 grams or more – imprisonment for 15-60 years.
Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. This law states that you can go to prison for the rest of your life if you already have two Class X convictions on your record and then receive a third Class X conviction. The two prior Class X convictions do not have to have been for the same offense. Also, any conviction that results from the same transaction or offense is counted as one strike for the purpose of this law.
Glasgow & Olsson Can Help
If you need representation for a criminal charge in Cook County, Glasgow & Olsson is uniquely qualified to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.