Rock Island Possession of Drug Paraphernalia Attorney
Possession of drug paraphernalia law has always been a bit confusing to the average person, and has become more so since possession of small amounts of marijuana was legalized in Illinois. This page provides an overview of the state of possession of drug paraphernalia as a crime in Illinois. It’s not a substitute for legal advice, though. If you’ve been charged with possession of drug paraphernalia or a related crime, you should speak with an experienced Rock Island criminal defense lawyer right away.
Illinois Possession of Drug Paraphernalia Law
Under Illinois law, possession of drug paraphernalia is a class A misdemeanor. The crime carries a minimum fine of $750, and a possible jail sentence of up to one year. In addition, drug paraphernalia is subject to forfeiture. But, there are several possible defenses to possession of drug paraphernalia charges.
What is Drug Paraphernalia?
The statute defines “drug paraphernalia” very broadly, as all kinds of equipment, products and materials of any kind not covered in another listed statute intended to be “used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or synthetic drug product or misbranded drug in violation of a listed statute.
While the statute includes a list of items that are considered paraphernalia, it also states that the list is not exhaustive. In other words, any item fitting the broad description above and not otherwise exempted may be considered drug paraphernalia.
A Drug Paraphernalia Possession Conviction Requires Intent
To be guilty of possession of drug paraphernalia in Illinois, a person must:
- Knowingly possess an item of drug paraphernalia, and
- Possess it with the intent to:
- Use it in “ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or
- In preparing a controlled substance for use
The burden is on the prosecution to prove both that the possession was knowing and that the possessor had the intent to use the item in one of the prohibited ways listed in the statute.
There are Statutory Exceptions to the Prohibition on Possession of Drug Paraphernalia
By law, the statutory prohibition does not apply to items:
- Used in preparation, compounding, packaging, labeling or other use of cannabis or another controlled substance incident to lawful research, teaching, or chemical analysis and not for sale,
- Historically and customarily used in a long list of different ways in connection with growing, processing, packaging or using cannabis, tobacco, or any other lawful substance,
- Used for decorative purposes, if they have been modified to render them incapable of use for any prohibited “illicit purpose,”
- A hypodermic needle or syringe in the possession of someone legally authorized to possess such items under the Hypodermic Syringes and Needles Act
Possession of Drug Paraphernalia with Intent to Sell or Deliver
Possession of drug paraphernalia with intent to sell or deliver is a felony. The basic crime is a class 4 felony, carrying a minimum fine of $1,000 and a possible sentence of 1-3 years in prison. In some circumstances, the crime is more serious.
For example, it is a class 3 felony for an adult to sell or deliver drug paraphernalia to a minor for any type of commercial consideration. That means a possible prison sentence of 2-5 years. And, knowingly selling or delivering drug paraphernalia to a pregnant woman for any type of commercial consideration is a class 2 felony, with a potential prison sentence of 3-7 years.
In addition, a place or premises where drug paraphernalia is kept for sale, offered for sale, sold or delivered for any commercial consideration is considered a public nuisance. This may be true even if the owner is not the person or entity engaging in the illegal activity.
Drug Paraphernalia Charges Can Be Serious
Even a misdemeanor conviction for drug paraphernalia possession can have serious consequences. If the allegation is of possession with intent to sell or deliver for commercial consideration, the risks are even greater.
As an experienced drug paraphernalia possession attorney, I can assess your case for weaknesses, explain the best path forward in your specific circumstances, and take the next steps for you–whether that means negotiating with the prosecution for a favorable plea deal, moving to suppress evidence against you to weaken or even put an end to the case, or trying your case before a Rock Island jury.
To learn more about how I can help, schedule your free consultation. Just fill out our contact form or call 309-752-8500 right now.
