When it comes to possession crimes, the main thing that may come to a person's mind is drug possession, like marijuana possession, cocaine possession or heroin possession. However, it is important to note that drug possession in not the only type of drug-related possession crime here in Illinois. Another such crime is drug paraphernalia possession. Today, we will go over what constitutes the crime of drug paraphernalia possession under Illinois law.
Here in Illinois, two things need to have occurred for a person to have committed the crime of drug paraphernalia possession.
First, the person must have knowingly been in possession of a piece of drug paraphernalia. What is drug paraphernalia? Generally, drug paraphernalia is any material, product or equipment that is intended to be used in an unlawful manner in relation to certain activities regarding an illegal drug. Some examples of such activities include growing/manufacturing drugs, packaging drugs, storing drugs, testing drugs and taking drugs. Bongs are an example of a common type of drug paraphernalia.
The second requirement for the crime of drug paraphernalia possession is that the possession must have been done with the intention of using the item to take an illegal drug (such as through inhalation or ingestion) or to prepare an illegal drug for being taken.
Many times, drug paraphernalia charges will be brought in addition to other drug charges. It is very important for drug crime defendants to give proper attention to paraphernalia charges brought against them, as a conviction on such charges can have some hefty consequences.
Drug paraphernalia possession is a Class A misdemeanor crime, so the punishments a person could face if they are found guilty of this crime include: a fine of up to $2,500, a prison sentence of under a year and probation of up to two years. Additionally, Illinois drug paraphernalia law sets a minimum fine a person is to be given if they are convicted of drug paraphernalia possession. This minimum fine is $750.
Drug crime attorneys can help those who are facing accusations of having possessed drug paraphernalia construct a defense against the charges brought forth against them.