Possession of Drug Paraphernalia

Most people know that if you’re found in possession of illegal drugs, you can be charged with a crime. But did you know that you can also be charged if you have pipes, needles, or other items typically used to consume controlled substances? A charge of possession of drug paraphernalia can — and often does — lead to life-altering consequences.

What Is a Possession of Drug Paraphernalia Charge?

While not as serious as a drug possession charge, possession of drug paraphernalia can nonetheless have a far-reaching impact on your life. You can be charged with possession of drug paraphernalia if you are knowingly in possession of anything that you intend to use to inhale, inject, or otherwise consume controlled substances. You can face the same charges if you have an item used to prepare drugs for use (like a marijuana grinder) or materials meant to package, test, conceal, or make drugs.

However, there is one important exception here. It is expressly legal to have kits designed to test drugs for the presence of fentanyl. Many street drugs are contaminated with deadly amounts of fentanyl, so these kits are designed to help protect anyone who uses drugs from accidental overdose.

What Can Result in a Charge of Possession of Drug Paraphernalia?

If you’re like many people, you may be unsure of what constitutes drug paraphernalia. These are some common examples:

• Bongs
• Water pipes
• Roach clips
• Miniature spoons
• Needles
• Various kinds of pipes
• Aerosol cans.

Even items that would be perfectly legal to have on their own can result in a drug paraphernalia charge if the arresting officer has reason to believe they are intended for drug use. For example, there’s nothing wrong with having a spoon in your car. There’s also nothing wrong with having a lighter in your car. However, if you have a spoon and a lighter in a hidden compartment in your vehicle, an officer might reasonably believe you have those items for the purpose of drug use.

In determining whether to charge you or not, a law enforcement officer may also look to see if you have a controlled substance near the paraphernalia or if there is residue from a controlled substance on the paraphernalia. However, you can still be charged if you are not in possession of the drugs themselves and there is no residue on the paraphernalia.

If you’ve been charged with possession of drug paraphernalia, the most important thing you can do for yourself is to retain a skilled criminal defense attorney. Call Wolfe & Stec at 630-305-0222 to speak to an experienced lawyer today.

What Is the Penalty for Possession of Drug Paraphernalia?

The Consequences May Be More Serious Than You Think

Under Illinois law, possession of drug paraphernalia is a Class A misdemeanor. The penalty for a Class A misdemeanor in Illinois is up to 364 days in jail and a fine of $75 to $2,500. However, for a possession of drug paraphernalia charge, state law mandates a minimum fine of $750. In some cases, if you have no criminal history (or very little criminal history) prior to this charge, your lawyer may be able to arrange for you to attend a diversion program. These programs help you avoid incarceration, and some may even remove the offense from your record.

What if You Have Drug Paraphernalia With the Intent to Sell It?

Drug paraphernalia charges work similarly to drug possession charges in that possession with the intent to sell carries more serious penalties than possession for personal use. In Illinois, if you intend to sell or “deliver for commercial consideration” items of drug paraphernalia, you can be charged with a felony. The degree of felony you may be charged with depends on who you intend to sell (or attempt to sell) the paraphernalia to.

Selling/Attempting to Sell in General

If you are trying to sell drug paraphernalia but are not trying to sell to someone under 18 or a woman you know is pregnant, you can be charged with a Class 4 felony. In Illinois, the penalty for a Class 4 felony is a prison term of one to three years and a fine of up to $25,000. Extended-term sentences can result in more prison time. For this particular offense, you can be fined $1,000 per item of paraphernalia you offered for sale.

Selling/Attempting to Sell to Someone Under 18

If you are age 18 or older and you sell or try to sell drug paraphernalia to someone under 18, you could be charged with a Class 3 felony. Class 3 felonies carry a sentence of two to five years in prison (more for extended-term sentences) and fines of up to $25,000.

Selling/Attempting to Sell to a Woman You Know Is Pregnant

If you know a woman is pregnant and you attempt to sell drug paraphernalia to her, you could be charged with a Class 2 felony. The penalty for a Class 2 felony is three to seven years in prison (longer if you are sentenced to an extended term) and a fine of up to $25,000.

FAQ

For many of our clients, a possession of drug paraphernalia charge is their first brush with the legal system, and they understandably have questions. These are some of the questions our clients commonly ask:

What counts as drug paraphernalia in Illinois?

In Illinois, any item you possess with the intention to use it to manufacture, package, prepare, store, or consume drugs can be considered drug paraphernalia.

Will I go to jail for possession of drug paraphernalia?

In Illinois, possession of drug paraphernalia is a Class A misdemeanor, meaning you could be sentenced to up to 364 days in jail.

What if I was in possession of drug paraphernalia with the intent to sell it?

The penalties for possession of drug paraphernalia with the intent to sell are more serious than penalties for possession alone. Possession of paraphernalia with intent to sell to someone under 18 is a Class 3 felony, and possession of paraphernalia with intent to sell to an adult is a Class 4 felony.

How can a criminal defense lawyer help?

A criminal defense attorney can craft a strong defense to maximize your chance of a positive outcome. Even if you are convicted, your attorney may be able to negotiate a lighter sentence.

The team at Wolfe & Stec understands that being charged with a crime can be confusing and upsetting. If you have questions about your situation, don’t hesitate to reach out.

Why Choose Us?

The Right Defense Team Makes All the Difference

At Wolfe & Stec, we have years of experience defending our clients’ rights in the courtroom. Many people don’t take misdemeanor charges seriously, but even so-called “minor” charges can have far-reaching impacts on your life. A conviction for possession of drug paraphernalia can damage your reputation, make it harder to find employment, and even lead to jail time.

Don’t gamble with your freedom — you need an experienced criminal defense attorney as soon as possible. Call Wolfe & Stec at 630-305-0222 to set up your free consultation today.