With seemingly countless charges for drug-related crimes, many Illinois residents are surprised to learn that possessing drug paraphernalia, even without possession of a controlled substance, is against the law. Unfortunately, in many cases, individuals learn of such laws only after they have been arrested and charged. Whether in conjunction with other drug crimes or on their own, drug paraphernalia possession charges can be very serious, and the penalties can be costly. The knowledgeable attorneys at the Davi Law Group understand the severity of such charges and are equipped to help you build a responsible, aggressive defense against any and all allegations,
Illinois law defines drug paraphernalia as “equipment, products, and materials of any kind” which are meant to be utilized in the production, testing, packaging, ingesting, smoking, or “otherwise introducing into the human body cannabis or a controlled substance.” This includes drug kits, pipes, bongs, vials, cutting materials, testing equipment, scales, and other items used in relationship with use or distribution of illegal drugs.
While the law specifically excludes equipment or products traditionally used in connection with tobacco production and use, it also contains flexibility in applying the statute to other items. As a result, the law can be widely interpreted, leading to serious charges for apparently inconsequential objects.
With our extensive experience in the Illinois justice system, our attorneys understand the potential implications of drug paraphernalia charges. In some cases, charges of possessing drug paraphernalia carry more serious penalties than minor possession of the drug itself. For example, possession of drug paraphernalia, such as a pipe for smoking marijuana, is punishable as a Class A Misdemeanor, with a minimum fine of $750 and up to one year in jail. Comparatively, illegal possession of fewer than 10 grams of marijuana is subject to prosecution as a Class B Misdemeanor, a lesser charge than the paraphernalia possession.
The sale of drug paraphernalia is potentially even more serious, with charges classified as up to a Class 2 Felony. Charges are dependent upon the situation of the sale, the intended buyer, and other circumstances, but can result in up to seven years in jail and $25,000 in fines.
As with most drug-related charges, the context of your arrest and the seizure of evidence are among the most relevant factors in your case. Our skilled team is prepared to conduct a thorough investigation to ensure that proper procedures were followed at all times. If your property was searched without your consent or probable cause, the charges against you may be completely dismissed.
In some cases, a drug paraphernalia charge may be handled as an ordinance violation, rather than a criminal offense. At the Davi Law Group, we will work tirelessly to get help your get charges reduced by using the facts of your case to your advantage. We are also prepared to help you pursue supervisory or diversionary programs that can eliminate penalties and protect your future.
If you have been charged with the possession of drug paraphernalia, contact our office today. At the Davi Law Group, we are committed to helping our clients through difficult situations. We are proud to serve the needs of clients throughout DuPage, Kane, Cook, Kendall, and Will Counties. Financing options are available.