Illinois Delivery of Counterfeit, Look-a-Like or Controlled Substance within 1000 feet of a Truck Stop

The Law – 720 ILCS 570/407(2)

No person shall deliver, or possess with the intent to deliver, a controlled, counterfeit or look-a-like substance in, on or within 1,000 feet of a truck stop.

Illinois has in place a law which punishes those who sell or deliver a controlled, counterfeit or look-a-like substance on or within 1,000 feet of a truck stop or rest area above and beyond the punishment an individual faces when delivering the same type of drug anywhere else. The goal in passing this law is to punish and deter individuals who sell or attempt to sell harmful substances to those who drive vehicles on public roadways.

Truck stops and rest areas are frequented by semi-truck drivers who are often on the road with large and dangerous payloads. By keeping these truck drivers, and all drivers, off the influence of illegal substances, the public roadways are more likely to remain safer for all drivers and pedestrians.

The punishment for delivering these substances depends on the substance. Additionally, any individual who has been convicted a second or subsequent time of this offense may be sentenced to a term of imprisonment up to two times the maximum and fined an amount up to two times the amount authorized.

The Sentence

Type of Drug

Sentence

Maximum Prison Term

Maximum Fine

2nd or Subsequent Prison Term

2nd or Subsequent Fine

More than 10 grams of heroin; more than 1 gram of cocaine; more than 10 grams of morphine, amongst other substances

Class 1 Felony

4 to 15 years

Up to $250,000

8 to 30 years

Up to $500,000

Other Schedule I or II Substances which is a narcotic or LSD

Class 2 Felony

3 to 7 years

Up to $200,000

6 to 14 years

Up to $400,000

Any other Schedule I or II OR Look-A-Like Substances

Class 3 Felony

2 to 5 years

Up to $150,000

4 to 10 years

Up to $300,000

Any Schedule III Substance

Class 3 Felony

2 to 5 years

Up to $125,000

4 to 10 years

Up to $250,000

Any Schedule IV Substance

Class 3 Felony

2 to 5 years

Up to $100,000

4 to 10 years

Up to $200,000

Any Schedule V Substance

Class 3 Felony

2 to 5 years

Up to $75,000 

4 to 10 years

Up to $150,000

 

Probation Possible? Yes.

Supervision Possible? No.

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