Possession of Drug Paraphernalia Charges in Illinois

In the state of Illinois, it is a crime to possess drug paraphernalia. 720 ILCS 600/3.5 defines the crime of drug paraphernalia possession as the crime committed by a person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use.

Illinois law (720 ILCS 600/2) defines “Drug paraphernalia” to means all equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, which are 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 cannabis or a controlled substance in violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act.

Possession of drug paraphernalia is a Class A misdemeanor in Illinois, which means the court can impose a jail term of up to 1 year. Additionally, Illinois law provides that a conviction for possession of drug paraphernalia also carries a minimum fine of $750, and a maximum fine of $2,500.

Aside from the possible criminal penalties, a drug paraphernalia conviction can also cause a person difficulties with employment, as many employers are reluctant to hire a person with such a conviction. For that reason, a person facing an Illinois drug paraphernalia charge is well advised to retain counsel at once.

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