What You Need to Know About Drug Paraphernalia Laws

 Posted on July 19, 2022 in Drug Charges

It is commonly believed that you cannot get in legal trouble for drugs if you do not have any drugs on you. Unfortunately, you can still be arrested if you do not have any drugs, but do have the tools to use them. Interpreting the laws surrounding drug paraphernalia can be complicated. A lot of normal household items, like cotton balls, can be used to prepare illegal substances for use. Then, there are types of pipes that could be used legally for tobacco or cannabis, or illegally for smoking other drugs. If you find yourself facing charges for possessing drug paraphernalia, it is important that you take the charge very seriously. A serious paraphernalia charge can be just as bad if not worse than a charge for possessing a small quantity of the illegal drug itself. 

3 Things You Should Know About Drug Paraphernalia in Illinois

The definition of paraphernalia can change over time. Just a few years ago, a water pipe - or as most people would call it, a bong - could be considered paraphernalia if there was evidence suggesting that it was being used for cannabis rather than tobacco. Today, it is generally legal for adults to use whatever type of smoking apparatus they please to consume cannabis. 

A few things you should be aware of regarding Illinois’ drug paraphernalia laws include: 

• Wide interpretation - The law bans “equipment, products, and materials of any kind” meant to be used to process or consume illicit substances. As you can imagine, this description opens itself to a wide variety of interpretations. In theory, those cotton balls we mentioned in the first paragraph could get you arrested if there is something going on to suggest that you were going to use them to process crushed pills into an injectable solution - such as the presence of needles and a burnt spoon. 

• What “possession” means - The definition of “possession” in cases involving actual drugs carries over to paraphernalia cases. The term is widely open for interpretation. If the paraphernalia is in your vehicle or home - whether you knew about it or not - then you could likely be charged for “possessing” it. Be careful about who you let into your home or car. 

• Serious sentencing - In many cases, the penalties for possessing paraphernalia are nearly as severe as the penalties for possessing the drug itself. People who had no drugs, but the tools to use them, have been sent to jail or prison in Illinois. 

Do not assume that a paraphernalia charge is not a big deal just because you did not have an illegal substance. Your best bet is to find an attorney and fight back. 

Call a DuPage County Criminal Defense Lawyer

Davi Law Group, LLC is experienced in handling a wide variety of criminal cases, including those involving drugs and drug paraphernalia. Our skilled Wheaton criminal defense attorneys will design a custom defense based on the circumstances of your arrest. Call 630-580-6373 for a free consultation. 

Source: 

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