Crime & Safety
Possible 60-Year Sentence for Charges of Synthetic Marijuana Sale
"Synthetic marijuana in its many forms is very dangerous and often causes great harm to people who ingest it. ... Our office will use the appropriate and necessary resources to enforce this law."
It has been more than two years since Max Dobner died in a car crash in Batavia many believe was caused by the ingestion of synthetic marijuana.
And it has been almost two years since the flurry of protests and campaigns spearheaded by Dobner's mom, Karen, led first to communities and then to the state of Illinois banning the drugs from the shelves of gas stations and tobacco stores.
Now comes evidence that those laws are doing what they were intended to do and that police and state's attorney's offices are taking seriously the responsibility of enforcing the law.
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The Kane County State's Attorney's Office announced last week that it would join with McHenry County in prosecuting a man charged last month with selling synthetic marijuana from his Algonquin tobacco shop. The man and his wife have been indicted on more serious charges as part of a multijurisdictional investigation.
John G. Monteleone, 45, of the 100 block of Brookside Drive in Elgin, was indicted Thursday, Oct. 10, 2013, by a statewide grand jury on:
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- One count of unlawful possession of more than 200 grams of a controlled substance with intent to deliver, a Class X felony
- One count of unlawful possession of more than 200 grams of a controlled substance, a Class 1 felony
- One count of unlawful possession of between 50 and 200 grams of a controlled substance with intent to deliver, a Class 1 felony
- Three counts of unlawful delivery of less than 50 grams of a controlled substance, each a Class 2 felony
- One count of unlawful possession of less than 200 grams of a controlled substance, a Class 4 felony
- One count of unlawful possession of drug paraphernalia, a Class A misdemeanor
- One count of unlawful possession of cannabis, a Class B misdemeanor
These charges include the McHenry County charges. The man’s wife, who was not charged in the McHenry County case, has been indicted on similar charges.
Tracy L. Monteleone, 43, of the 100 block of Brookside Drive in Elgin, was indicted Thursday, Oct. 10, 2013, by a statewide grand jury on:
- One count of unlawful possession of more than 200 grams of a controlled substance with intent to deliver, a Class X felony
- One count of unlawful possession of more than 200 grams of a controlled substance, a Class 1 felony
On Sept. 25, 2013, John Monteleone and Tracy Monteleone were knowingly in possession of, with the intent to deliver, more than 200 grams of a controlled chemical substance that is commonly known and distributed as synthetic marijuana. In addition, John Monteleone was in possession of between 2.5 and 10 grams of marijuana and drug paraphernalia.
The North Central Narcotics Task Force and the Algonquin Police Department conducted the three-month investigation. At about noon Sept. 25, 2013, the agencies executed a search warrant at John Monteleone’s business in the 1400 block of Commerce Drive, Algonquin, in McHenry County. Authorities seized close to 200 grams of an analog of a controlled substance, commonly known as “spice,” a synthetic cannabinoid.
Authorities then went to Monteleone’s home in the 100 block of Brookside Drive, Elgin, and found in Tracy Monteleone’s vehicle approximately 3,200 grams of the same analog synthetic cannabinoid.
At that time, John Monteleone was charged only in McHenry County with one count of unlawful possession of a controlled substance with intent to deliver, a Class 1 felony, and three counts of unlawful delivery of a controlled substance, each a Class 2 felony. He posted $8,000 bond and was released.
Upon the Oct. 10, 2013, indictment, arrest warrants were issued for both. Bail for John Monteleone was set at $500,000. Bail for Tracy Monteleone was set at $25,000. John Monteleone was taken into custody Thursday afternoon, Oct. 10, 2013, and appeared today for bond call. His court appearance is set for 9 a.m. Oct. 24, 2013, in Courtroom 305 at the Kane County Judicial Center in front of Circuit Judge Susan Clancy Boles.
Tracy Monteleone surrendered to authorities Oct. 10, 2013, posted $2,500 bond and was released. Her court appearance is set for 9 a.m. Oct. 24, 2013, in Courtroom 305 in front of Judge Boles.
The office of Kane County State’s Attorney Joe McMahon and the office of Illinois Attorney General Lisa Madigan will prosecute the cases in Kane County Circuit court.
If convicted of the most serious charges, the Monteleone’s would each face a sentence of between six and 30 years in the Illinois Department of Corrections.
“Synthetic marijuana in its many forms is very dangerous and often causes great harm to people who ingest it. When it began to gain popularity, the Legislature acted quickly to ban it. Our office will use the appropriate and necessary resources to enforce this law,” State’s Attorney McMahon said.
“As synthetic drug use began to rise in Illinois, particularly among teenagers and young adults, my office worked quickly to craft the new law that outlaws the sale of these toxic, often deadly substances to give law-enforcement agencies stronger tools to crack down on these illegal substances. The enhanced charges in these cases are a direct result of that measure and should send a message to drug manufacturers and sellers that these drugs have no place in our communities,” Attorney General Madigan said.
The charges against John G. Monteleone and Tracy L. Monteleone are not proof of guilt. A defendant is presumed innocent and is entitled to a fair trial in which it is the state’s burden to prove guilt beyond a reasonable doubt.
For more information on To the Maximus, visit the website www.tothemaximus.org.
