4.3.3 : Legal Sanctions
This information is provided as a general summary of the major federal, state, and local laws on alcohol and illicit drugs. Laws frequently change and applications of law to specific situations require legal counsel.
State Sanctions
State of Illinois statutes and sanctions on alcohol and/or illicit drugs include: driving under the influence of alcohol and/or other drugs (625 ILCS 5/11-501); driving while in violation of the underage consumption of alcohol (625 ILCS 5/11-501.8); transporting or possessing alcohol in a motor vehicle (625 ILCS 5/11-502); selling or possessing alcohol by persons under the age of 21, permitting a gathering where alcohol is consumed by those under the age of 21, selling or giving a false ID to a person under the age of 21 (235 ILCS 5/6-16); misrepresenting one’s age to be over the age of 21 for the purpose of obtaining alcohol (235 ILCS 5/10-11); and possessing and delivering illicit drugs (740 ILCS 40/0.01 et seq., 720 ILCS 570/100 et seq., 720 ILCS 550/1 et seq. and 720 ILCS 570/401 seq.). Violations of these laws involving alcohol may include one or more of the following penalties: fines up to $2,500, one year in jail, felony charges, and suspension or revocation of driver’s license. Violations of these laws involving drugs as a first offense may include fines up to $25,000 and one- to three-year imprisonment. Repeat offenders and those individuals participating in the manufacture and distribution of controlled substances may be subjected to longer prison terms and fined up to $500,000. See the Illinois Compiled Statutes for more information: http://www.ilga.gov/legislation/ilcs/ilcs.asp.
Synthetic Drugs
Potentially deadly drugs marketed as Bath Salts, Synthetic Marijuana, K2, Spice, K3, K4 White Widow, and other names are illegal in Illinois as of January 1, 2012. Individuals face felony charges for possession or sale of the drug. Individuals in possession of the drug face three years in prison and $25,000 in fines.
Federal Sanctions
Federal law penalizes the manufacture, distribution, possession with intent to manufacture or distribute, and simple possession of drugs (“controlled substances”). A first conviction may include up to one-year imprisonment, a fine of at least $1,000, or both. After one prior drug conviction: at least fifteen days in prison, not to exceed two years, and a fine of at least $2,500. After two or more prior drug convictions: at least ninety days in prison, not to exceed three years, and a fine of at least $5,000. A special, harsher sentencing provision applies for possession of crack cocaine (21 U.S.C. §844(a)). If personal or real property was used to possess or facilitate possession of the controlled substance, that personal and real property as well as vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance may be forfeited (21 U.S.C. §§853(a) & 881(a)). Student loans, grants, contracts, and professional and commercial licenses, up to one year for the first offense and up to five years for second and subsequent offenses may be denied (21 U.S.C. §§853(a) & 881(a)). Firearms may not be received or purchased (18 U.S.C. §922(g)). Certain federal licenses and benefits (e.g., pilot licenses, public housing tenancy) are vested within the authorities of individual federal agencies. These penalties may be doubled, however, when a person at least eighteen years old: (1) distributes a controlled substance to a person under twenty-one years of age (a term of imprisonment for this offense shall not be less than one year), and/or (2) distributes, possesses with intent to distribute, or manufactures a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, or a public or private college (21 U.S.C. §§859 & 860).
See the United States Code for more information: http://www.gpoaccess.gov/uscode/index.html.
Local Sanctions
There are no local sanctions in addition to the state and federal sanctions listed above.