Methamphetamine trafficking is a serious offense, and the penalties can be life-altering. Under Illinois law, the penalties for methamphetamine trafficking are based on the amount of the substance involved and whether there are aggravating factors like prior convictions or involvement in organized crime. Methamphetamine trafficking falls under both Illinois state law and federal law, and being charged with this crime can result in lengthy prison sentences, steep fines, and a lasting criminal record.

In Illinois, methamphetamine trafficking is governed by 720 ILCS 646/60 et seq. of the Illinois Controlled Substances Act. This statute outlines the different levels of penalties based on the quantity of methamphetamine involved. The penalties for methamphetamine trafficking are designed to be punitive to deter individuals from engaging in the illegal distribution of methamphetamine. If you are convicted, the penalties can range from years in prison to fines reaching up to $500,000, depending on the specifics of the case.

Penalties Based On Quantity Of Methamphetamine

The amount of methamphetamine involved is a key factor in determining the severity of the penalties. Under 720 ILCS 646/60, the following penalties apply based on the amount of methamphetamine being trafficked:

If you are caught trafficking 15 to 100 grams of methamphetamine, you could face 6 to 30 years in prison.
For trafficking between 100 and 400 grams, the penalty increases to 9 to 40 years.
If the amount exceeds 400 grams, the penalties can be as severe as 15 to 60 years in prison.

In addition to prison sentences, you may be subject to substantial fines that can range from $100,000 to $500,000, depending on the quantity of methamphetamine involved in the trafficking.

Aggravating Factors In Methamphetamine Trafficking Cases

In Illinois, the term “aggravating factors” refers to specific circumstances that can increase the severity of the penalties fora crime. Aggravating factors can lead to harsher sentences, higher fines, or longer prison terms.

For methamphetamine trafficking, aggravating factors can include a range of elements that significantly influence the outcome of the case. Some of the most important aggravating factors for methamphetamine trafficking in Illinois include:

Prior Convictions – If you have a history of criminal activity, especially related to drug offenses, this can result in enhanced penalties. Repeat offenders who have prior convictions for serious drug crimes or other felonies are likely to face harsher sentences. Illinois law treats repeat offenders more severely in an effort to deter further criminal behavior.
Involvement in a Criminal Enterprise or Gang – If methamphetamine trafficking is connected to a criminal organization, street gang, or drug trafficking network, the penalties will be more severe. Under Illinois law, membership or active participation in a criminal enterprise can lead to additional charges and extended prison sentences. This includes gang members or individuals who are involved in large-scale drug distribution operations.
Sale of Methamphetamine Near Schools or Daycares – If methamphetamine is sold within a certain proximity of a school or daycare facility, the penalties can be enhanced. Illinois law takes the safety of children and young adults very seriously, and selling drugs near these areas is considered an aggravating factor that can lead to more severe penalties.
Use of a Firearm – If the trafficking offense involves the use of a weapon or firearm, this is a significant aggravating factor. Firearms used in the commission of a drug trafficking offense may lead to additional charges and longer sentences. If a firearm is involved in a violent crime, such as during a robbery or an attempt to evade law enforcement, this can greatly impact the severity of the charges.
Transportation of Methamphetamine Across State Lines – Trafficking methamphetamine across state lines or involving federal jurisdiction can increase the penalties in Illinois. Federal law imposes stricter penalties on individuals who are caught trafficking large quantities of methamphetamine across state boundaries. This also applies if the offense crosses state lines into federal jurisdictions, which can lead to federal charges and additional consequences.
Presence of Minors – If a person is caught trafficking methamphetamine in the presence of minors or uses minors in the commission of the crime, this will aggravate the charges. Illinois law may impose additional penalties for endangering minors or using them to facilitate illegal drug activities.
Large Quantities of Methamphetamine – The amount of methamphetamine involved in the trafficking also plays a significant role in determining whether there are aggravating factors. As the quantity increases, so does the severity of the penalty. If a person is caught trafficking large quantities (such as 400 grams or more), this will usually be considered an aggravating factor and lead to more severe punishment.

The presence of any of these aggravating factors in your case can have serious consequences. They often lead to extended prison terms, higher fines, and a more difficult path to negotiating a plea deal. When facing charges for methamphetamine trafficking in Illinois, understanding how aggravating factors might apply to your situation is crucial in preparing your defense.

An experienced criminal defense attorney can help identify and challenge aggravating factors and build a defense strategy tailored to the specifics of your case. By addressing these factors effectively, a lawyer can often reduce their impact or argue for a lesser penalty.

Federal Penalties For Methamphetamine Trafficking

Methamphetamine trafficking can also result in federal charges, particularly if the crime involves transporting the substance across state lines or involves large-scale trafficking. Federal sentences are generally more severe than state sentences. Under federal law, penalties for trafficking methamphetamine can range from 5 years to life in prison, depending on the amount of methamphetamine and whether there are any aggravating factors like prior convictions.

Methamphetamine Trafficking Charge FAQs

What Is The Penalty For Trafficking A Small Amount Of Methamphetamine In Illinois?

In Illinois, if you are convicted of trafficking between 15 to 100 grams of methamphetamine, you could face 6 to 30 years in prison. Additionally, you could be fined up to $100,000, depending on the case’s details.

Can Prior Convictions Increase My Sentence For Methamphetamine Trafficking In Illinois?

Yes, prior convictions can lead to harsher penalties under Illinois law. If you have previous drug convictions, especially for trafficking or similar offenses, you may face a longer prison sentence. Aggravating factors, such as your involvement in organized crime, could further increase your sentence.

What Is The Penalty For Trafficking More Than 400 Grams Of Methamphetamine?

If you are caught trafficking more than 400 grams of methamphetamine, the penalties in Illinois are severe. You could face 15 to 60 years in prison and fines of up to $500,000. The specific penalties will depend on factors such as prior convictions or other aggravating circumstances.

Are There Federal Penalties For Methamphetamine Trafficking?

Yes, federal penalties can apply if you are charged with trafficking methamphetamine across state lines or if the trafficking involves large amounts. Federal sentences for methamphetamine trafficking can range from 5 years to life in prison, depending on the quantity of methamphetamine and whether there are aggravating factors involved.

How Can A Lawyer Help With Methamphetamine Trafficking Charges In Illinois?

Our firm can assess the facts of your case, investigate possible defenses, and negotiate with the prosecution for reduced charges or a plea deal. They can also help you understand the legal process and work to achieve the best possible outcome, whether through a trial or negotiating a settlement.

Call Our Chicago Meth Trafficking Defense Lawyer For A Free Consultation

If you are facing methamphetamine trafficking charges in Illinois, it is critical to have an experienced criminal defense attorney by your side. At Edward Johnson & Associates, we understand the severe penalties associated with drug trafficking cases and will fight aggressively to protect your rights. We will work with you to develop a defense strategy that gives you the best chance at a favorable outcome. Contact our Chicago meth trafficking defense lawyer at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. With law offices located in Chicago, Illinois, we proudly serve clients throughout the entire Chicagoland metro. Let us help you understand your options and defend your case effectively.