Unlawful Possession of Drug Paraphernalia in Illinois: What You Need to Know

Yes, you can face criminal charges in Illinois for the unlawful possession of “drug paraphernalia.” While most folks consider this to be a minor offense, the State of Illinois charges it as a Class A misdemeanor. That means you can face jail time, real fines, and have a criminal record. You don’t want to underestimate the seriousness of a drug paraphernalia charge. In this article, the Champaign, IL, criminal defense lawyers at Patel Law, P.C. will discuss the crime of unlawful possession of drug paraphernalia and how it can seriously mess up your life.

What counts as drug paraphernalia in Illinois? 

Under 720 ILCS 600/2, drug paraphernalia is defined as any item intended for use in manufacturing, processing, packaging, ingesting, or inhaling a controlled substance into your body. This sets up a situation where the presence of everyday household items could be considered drug paraphernalia under the law. Common household items such as spoons, rolling papers, scales, straws, and baggies can be considered illegal if authorities believe that they were used to ingest drugs. You don’t even need to be caught in possession of a drug for authorities to charge you with this offense. If, for example, authorities find a straw with other drug-related evidence, that could be enough for a drug paraphernalia charge.

The anatomy of a drug paraphernalia charge 

A good portion of drug paraphernalia arrests begin as routine traffic stops. Police will pull the driver over for a simple traffic infraction and claim to smell marijuana or see something suspicious in plain view. Ultimately, police search the vehicle and find a pipe, a straw, burnt foil, or something else that looks like a drug item.

In other cases, the charge can be added on to a more serious possession charge. You might be accused of possessing cocaine and the presence of a straw will get a drug paraphernalia charge tacked on. Such a charge is based solely on the officer’s interpretation of the object’s purpose.

What must prosecutors do to prove their case? 

There are two elements to a drug paraphernalia conviction. The prosecution must establish that you knowingly possessed the alleged drug item and that it qualifies as drug paraphernalia under Illinois law. That means that you have “control” over the object, and know its intended use. If either of those elements is missing, the case should be dismissed.

If the alleged drug item was found in a shared car or residence, proving actual possession becomes much more difficult. If the object has multiple potential uses, like a straw, it can be difficult for the prosecution to establish that you knew the item was drug-related. Additionally, if there’s no residue on the alleged drug item, the charge may not hold up in court.

Don’t risk a permanent record on a minor charge.

Contact a Champaign, IL, Drug Offense Lawyer Today 

Found with drugs or paraphernalia? The Champaign criminal defense lawyers at Patel Law, PC can help you beat the charge. Call our office today to learn more.