Drug Paraphernalia is Illegal in Illinois

 Posted on August 28, 2017 in Drug Charges

Did you know that under some circumstances it is illegal to possess drug paraphernaliain Illinois? In fact, you can be arrested and charged with a crime if you possess drug paraphernalia with the intent to use that paraphernalia to ingest an illegal substance, regardless of whether or not you also had drugs on you at the time.

Illinois’ Unlawful Possession of Drug Paraphernalia Statute

Under code section 720 ILCS 600/3.5 of the Illinois Compiled Statutes it is illegal to knowingly possess drug paraphernalia with the intent to use the paraphernalia to take cannabis or a controlled substance (or to prepare cannabis or a controlled substance to be taken).

Unlawful possession of drug paraphernalia is a Class A misdemeanor that is punishable by a minimum fine of $750 and that can be punished by a fine of up to $2,500 and/or up to one year in jail.

The Federal Drug Paraphernalia Statute

It should be noted that federal law also criminalizes possessing drug paraphernalia under some circumstances. For example, under code section 21 U.S. Code § 863 it is illegal for any person to (1) sell (or offer to sell) drug paraphernalia, (2) use the mail or another form of interstate commerce to transport drug paraphernalia, or (3) import or export drug paraphernalia. Violating this code section is punishable by imprisonment for up to three years and payment of a fine.

What Qualifies as Drug Paraphernalia?

Illinois law defines “drug paraphernalia” as any equipment, product, or material (other than methamphetamine manufacturing materials) that are intended to be unlawfully used in propagating, planting, cultivating, harvesting, growing, manufacturing, converting, compounding, processing, producing, testing, preparing, packaging, analyzing, storing, repackaging, concealing, containing, injecting, inhaling, ingesting, or otherwise introducing into the human body cannabis or a controlled substance.

Examples of items frequently deemed to be drug paraphernalia include:

• Syringes,
• Needles,
• Small scales,
• Glass and metal pipes,
• Ice pipes or chillers,
• Isomerization devices used to increase the potency of cannabis or another plant,
• Testing equipment used to determine the effectiveness, strength, or purity of cannabis or a controlled substances,
• Diluents and adulterants used to cut cannabis or a controlled substance,
• Roach clips, and
• Cocaine freebase kits.

Federal law defines drug paraphernalia in essentially the same way that Illinois law does. The exact wording of the federal definition can be found in code section 21 U.S. Code § 863(d).

Reach Out to Us for Help

If you have been charged with unlawful possession of drug paraphernalia, or some other drug-related crime in Illinois, contact the experienced Rolling Meadows drug paraphernalia possession lawyers of The Law Offices of Christopher M. Cosley. Our firm is committed to providing exceptional legal representation to those who are in need of strong, aggressive, and supportive legal counsel and we would be happy to assist you. To discuss your legal options with one of our experienced lawyers during a free initial consultation, contact our Rolling Meadows office today.

Source:

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