Drug Possession: Using Legal Substances to Get High May Not Be Legal

 Posted on March 11, 2015 in Criminal Defense

The so-called War on Drugs has been dragging on in the United States for decades. Despite law enforcement’s seemingly unending obsession with prosecuting drug laws, the use of illegal substances continues on. While many drug users are undeterred by the illegality of drug possession, others do fear the possibility of facing criminal charges or losing their jobs if they get caught with an illegal substance. So some of them, particularly younger people, result to using otherwise legal substances to get high. The theory is that if the substance is legal then they can not be prosecuted for using it. While this may make sense, in at least some cases it is not true.

Huffing or Inhaling a Perfectly Legal Substance to Get High is a Crime in Illinois

Many people, especially young people, “huff” or inhale regular household products or other legally possessed chemicals in order to experience a high. Doing this is a crime in Illinois. The law that makes it a crime is called the “Use of Intoxicating Compounds Act.” Under this law it is a crime to ingest, breath, inhale, or drink any compound, liquid, or chemical for the purpose of getting high. Additionally, it is a crime to sell any compound, liquid, or chemical that will induce an intoxicated condition to a minor under the age of 17 without the written permission of the minor’s parent or guardian. Its illegal to make a such a sale to a person of any age if you have a reason to know that the purchaser’s intent is to use the substance to get high. Depending on how many times a person is found guilty of a crime under this law and the type of substance involved, the crime can be a misdemeanor or a felony.

What About Kratom?

It may seem that kratom is still legal since it is a plant rather than a chemical, compound, or liquid. Kratom is made from a plant called mitragyna speciosa. It is usually consumed as a tea and in some people it can produce intoxicating effects. In Illinois, however, there is a law called the Kratom Control Act. While it does not address kratom use by adults, it does make it illegal for anyone under the age of 18 to purchase or possess kratom. It also makes it a crime to use a false identification card to obtain kratom. Committing either of these offenses is a Class B misdemeanor. It is also a Class B misdemeanor to sell or give kratom to a minor.

Call the Law Offices of Christopher M. Cosley

When you are charged with a drug-related offense, or any crime, you need an experienced and dedicated Rolling Meadows criminal defense attorney on your side. You should call the Law Offices of Christopher M. Cosley. We will listen to your side of the story and fight to get you the best possible outcome. Reach out to us today at 847-253-3100.