Drug possession, distribution, and manufacturing are not the only drug charges in Illinois. It is also against the law to possess drug paraphernalia, and punishments can be substantial, especially if you are also arrested for one of the aforementioned drug crimes at the same time.
Drug Paraphernalia Laws
According to Illinois law, drug paraphernalia includes equipment and materials used to consume, plant, grow, harvest, store, test, or conceal a controlled substance. This does not include items related to methamphetamine production or use, which are addressed under a different law. Pipes or bongs used to smoke marijuana, hash oil, cocaine, or synthetic drugs fit into this category, along with drug manufacturing and testing equipment, and drug cutting agents.
Drug Paraphernalia Possession
If you face a drug paraphernalia charge with the intent to consume narcotics, it is a Class A misdemeanor, which carries up to a year in jail and $2,500 in fines. The sale of drug paraphernalia is treated more seriously than possession. It constitutes a Class 4 felony, with up to three years in prison and $25,000 in fines. If the individual selling paraphernalia is age 18 or older, and the sale is made to a minor, it is charged as a Class 3 felony, with up to five years in prison and $25,000 in fines. Selling drug paraphernalia to a pregnant female can result in a Class 2 felony charge, with up to seven years in prison and $25,000 in fines.
Fighting a Drug Case
Drug paraphernalia charges are more severe than some marijuana possession charges, which means you want a skilled criminal defense lawyer to fight for the best possible outcome in your case. Like cases involving other drug crimes, police often overstep their legal authority and violate the rights of suspects. This includes unlawful traffic stops and illegal search and seizure. Your attorney can investigate the facts of your case to determine if police misconduct occurred, and if so, ask for suppressed evidence and a dismissal of all charges. Your lawyer may decide the best route to a favorable outcome is a plea agreement, which can result in reduced charges. You may also be eligible for a diversionary program for first-time drug offenders.
Contact a Wheaton Criminal Defense Attorney
At Anderson Attorneys & Advisors, we work tirelessly for our clients to achieve the best possible result. If you face a drug paraphernalia charge, we will fight to keep a conviction off your record. To learn how we can help you today, call a DuPage County drug crimes lawyer at 630-877-5800 for a free consultation.
Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1947&ChapterID=53 http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1937&ChapterID=53