Illinois Criminal Drug Conspiracy Laws

The Law – 720 ILCS 570/405, 405.1 and 405.2

720 ILCS 570/405.1- Criminal Drug Conspiracy

A person commits criminal drug conspiracy when, with the intent to commit the offenses of:

  • Manufacturing, Delivery or Possession with the Intent to Deliver a Controlled Substance; or
  • Manufacturing, Delivery or Possession with the Intent to Deliver a Controlled Substance within 1,000 feet of a truck stop, school, public park, or public housing complex; or
  • Possession of a Controlled Substance,

AND

  • He or she agrees with another to the commission of that offense.

In addition to punishing the individual who delivers, manufactures or possesses a controlled substance with the intent to deliver, Illinois punishes those who agree with any individual who commits one of the offenses mentioned.

However, before another can be charged and convicted of Criminal Drug Conspiracy, the state must allege that the conspirator took some act in furtherance of the agreement and the state must show that the alleged act did actually take place.

If one individual simply “agrees” to help someone sell or transfer a controlled substance, that individual cannot be convicted of Criminal Drug Conspiracy. However, if the state alleges, and proves, that the individual aided the seller of the narcotics by acting as a “look-out” to warn the seller of any law enforcement presence, then the individual can be convicted of Criminal Drug Conspiracy.

Additionally, the Criminal Drug Conspiracy law is used as a basis for two other drug related conspiracy laws, the Calculated Criminal Drug Conspiracy law and the Streetgang Criminal Drug Conspiracy Law, both of which enhance the penalties of a “normal” Criminal Drug Conspiracy violation. However, unlike with ordinary conspiracy, Calculated Drug Conspiracy requires the individual to either receive something over $500 in value or finance or direct the conspiracy. As for Steetgang Criminal Drug Conspiracy, an individual can only be found guilty of that offense if he or she is a high-ranking member within the streetgang.

This is the case regardless of what happened to the actual seller of the controlled substance. The conspirator cannot use as a defense the fat that the seller was not convicted of a crime or that the seller was convicted of a crime other than delivering a controlled substance.

The Sentence for Criminal Drug Conspiracy

The individual can be sentenced to the same prison term and same fine that can be assessed to the offense that formed the basis of the conspiracy.

 

720 ILCS 570/405 – Calculated Criminal Drug Conspiracy

A person engages in a Calculated Criminal Drug Conspiracy when:

1) He or she possesses 15 or more grams of heroin, cocaine or morphine; or 200 grams or more of barbituric acid, peyote or amphetamine; or

OR

2) Manufactures, delivers or possesses with the intent to deliver, among other controlled substances, 1 or more grams of heroin, cocaine or morphine; or 5 grams or more of LSD; or 50 grams or more of hydrocodone or oxycodone.

AND

3) Such violation is part of a conspiracy undertaken or carried on with two or more persons;

AND

4) He or she obtains anything of value greater than $500; or organizes, directs or finances such conspiracy.

The Sentence for Calculated Criminal Drug Conspiracy

1st OFFENSE

Class X Felony

  • 6 to 30 years in prison
  • Fine up to $500,000

2nd OR SUBSEQUENT OFFENSE

Class X Felony

  • 12 to 60 years in prison
  • Fine up to $1,000,000

720 ILCS 402.2 – Streetgang Criminal Drug Conspiracy

A person engages in a Streetgang Criminal Drug Conspiracy when:

1) Manufactures, delivers or possesses with the intent to deliver, among other controlled substances, 1 to 14.9 grams of heroin, cocaine or morphine; or 5 grams or more of LSD; or 50 grams or more of hydrocodone or oxycodone.

AND

2) Such violation is party of a conspiracy undertaken or carried out with 2 or more other persons;

OR

3) Such conspiracy is in furtherance of activates of an organized gang, which include, but is not limited to: acts intended to increase the presence or prestige of a gang, activities intended to increase the control over market for illicit items or activities intended to cause any benefit to the gang.

AND

4) He or she occupies a position of organizer, supervisor or other position of management within the gang.

The Sentence for Streetgang Criminal Drug Conspiracy

If, among other controlled substances, the individual manufactured, delivered or possessed with the intent to deliver:

  • 15 grams or more of heroin, cocaine, morphine or LSD then:
    • Class X Felony
    • 15 to 60 years in prison (Doubled on 2nd or subsequent)
    • Fine up to $500, 000 (Doubled on 2nd or subsequent)
  • 1 to 14.9 grams of heroin, cocaine, morphine or LSD then:
    • Class X Felony
    • 10 to 30 years in prison (Doubled on 2nd or subsequent)
    • Fine up to $500,000 (Doubled on 2nd or subsequent)

 

Probation Possible? – No.

Supervision Possible? – No.

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~ Attorney at Law ~

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