Drug Paraphernalia Laws in Illinois

 Posted on December 08, 2018 in Drug Charges

While getting caught with drug paraphernalia is typically considered less serious than a drug possession charge, that is not always the case. It is illegal to possess drug paraphernalia in Illinois, and penalties can be severe and costly, regardless of whether it was discovered along with narcotics.

What Is Drug Paraphernalia?

Illinois’ Drug Paraphernalia Control Act defines drug paraphernalia as equipment or materials (other than those used to produce methamphetamine, which is covered in the Methamphetamine Control and Community Protection Act) intended to plant, grow, harvest, test, store, conceal, or consume a controlled substance. Related devices used to smoke marijuana, cocaine, hash products, synthetic drugs, or other substances include various forms of pipes and bongs. Also included are drug manufacturing kits, testing equipment, and cutting agents.

Drug Paraphernalia Charges

Anyone caught with drug paraphernalia with the intent to consume a controlled substance can be charged with a Class A misdemeanor, with a fine between $750 to $2,500 and up to a year in jail. That is a more serious charge than getting caught with less than 10 grams of cannabis, which as a Class B misdemeanor, carries up to six months in jail and a maximum fine of $1,500.

Selling drug paraphernalia is more serious than possession under Illinois law. An individual who sells or delivers it may be charged with a Class 4 felony, with a minimum fine of $1,000 and up to a year in prison. If the seller is over 18 years old and the recipient is a minor, that constitutes a Class 3 felony, punishable up to five years in prison and $25,000 in fines. A knowing sale to a pregnant woman is a Class 2 felony, punishable up to seven years in prison and $25,000 in fines.

Legal Strategies in Drug Paraphernalia Cases

Like other drug offenses, the situation in which an arrest and seizure takes place in a drug paraphernalia case can determine a guilty or not guilty verdict. That includes search without probable cause or consent by law enforcement, which can result in a full case dismissal.

Instead of being charged with a criminal offense for drug paraphernalia possession, sometimes it is charged as a local ordinance violation with lesser penalties. In this situation, an individual may be eligible for reduced charges, or a diversionary program that cuts penalties for first-time offenders.

Contact Experienced Wheaton, IL Drug Possession Lawyers

If you were arrested or charged with possession of drug paraphernalia, call the experienced DuPage County drug case lawyers at Davi Law Group. We can determine if your rights were violated as we work to protect your future. Call us at 630-580-6373 for a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1947&ChapterID=53 

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1937&ChapterID=53