When addressing the question, “What is possession of drug paraphernalia,” the text in 720 ILCS 570/402 specifies when a person is guilty of possession. If he or she deliberately has an unlawful compound that he or she realizes is illegal, it is an illegal possession, especially with the intent to utilize them without prescription or to disperse them to others. Physicians and pharmaceutical employees in possession of these exact same compounds are safe from prosecution and criminal fines.
There are several items that take people by surprise when they are detained for possession. This generally occurs when they are charged with another crime, and something they did not realize was an issue is added to the charge.
It is crucial to take possession of drug paraphernalia Illinois charges really seriously. This is why most accused individuals hire a felony Illinois attorney to help defend their case.
Drug Paraphernalia Laws Further Explained
Subsection 401 of the ILCS drug paraphernalia laws describe drug manufacture supplies. Under guideline 720 ILCS 570 401, a person is guilty of manufacture or delivery of a controlled substance if that individual actively makes, possesses, or supplies an illegal drug to others. Drug trafficking refers mainly to the transportation of compounds described as “street drugs.”
Consulting a qualified attorney and reading information from official sources like the Drug Enforcement Agency (DEA) will help you learn more about the possession of drug paraphernalia Illinois.
Possession Of Drug Paraphernalia Illinois Laws
There are many factors involved with possession of drug paraphernalia Illinois laws. For example, if your charge is deemed a Class A misdemeanor Illinois, it could bring approximately a year in prison and $2,500 in fines.
The sale of drugs is dealt with more seriously than possession. It makes up a Class 4 felony, with as much as three years in jail and $25,000 in fines. If the seller is age 18 or older, and the sale is made to a minor, it is charged as a Class 3 felony, with as much as five years in jail and $25,000 in fines. Offering drugs to a pregnant woman can lead to a Class 2 felony charge, with as much as seven years in jail and $25,000 in fines.
Contacting a law office to negotiate reduced charges is one of the best methods for minimizing your sentence.
How Different Types Of Drug Paraphernalia Are Handled In Illinois
At this point, you may be wondering how different types of drug paraphernalia are handled in Illinois. It depends, as controlled substances are divided into numerous classifications. Many drugs are classified by how dangerous and how addicting they might be, as well as whether they have advantageous qualities.
Under 720 ILCS 570/203, schedule I or II compounds are the most addicting and, therefore, the most prohibited. These kinds of “street drugs” have a greater capability for dependence and offer very little use for medical treatment.
Since possession of drug paraphernalia Illinois laws are subject to frequent changes, it is best to seek advice from a lawyer.
There are several items that are included as cocaine paraphernalia, which include the following:
- Anything used to convert, produce, prepare, or process cocaine
- Items used for analyzing the content of the drugs
- Materials used for concealing, containing, packaging, repackaging or storing the controlled substance
Other, more mundane items like mirrors or razor blades can warrant possession of drug paraphernalia Illinois charge if they accompany the substance or have residue on them.
Cannabis paraphernalia is a little more difficult to define. First, some of the items are otherwise common tools. Second, the laws are currently changing across the country. Generally, they include these.
- Anything that can be proven to have been used for planting cannabis
- Cultivating or growing marijuana items, such as grow lights
- Hydroponic setups
Since the possession of drug paraphernalia Illinois laws regarding cannabis are subject to change, it is best to consult a lawyer for the latest developments.
The rules regarding meth paraphernalia are much more stringent. What constitutes meth paraphernalia includes the following
- Items used for manufacturing or compounding controlled substances
- Materials used for manufacturing or compounding meth
As locations where meth has been manufactured are often considered hazardous even after the materials are removed, meth production-related cases often lead to particularly serious sentences. Your paraphernalia case may or may not tie back to meth production.
Identifying heroin paraphernalia is generally easy since most of the items used have few if any legitimate uses for most people. They include accessories used for introducing illegal substances into the human body by:
Needles, pipes, large rubber strips like those used when giving blood are some of the things that might be included as heroin accessories when determining possession of drug paraphernalia Illinois.
How To Get Out Of A Drug Paraphernalia Charge
If you find yourself in trouble with the law, you will want to know how to get out of a paraphernalia charge. A couple of the most common methods include proving that the items are for something besides illegal use or are not yours.
Of course, the best way to fight a charge for possession of drug paraphernalia Illinois is to obtain the proper legal counsel.
How Serious Is A Drug Paraphernalia Charge?
So, how serious is a drug paraphernalia charge? Many are surprised to find that some paraphernalia charges are more serious than some cannabis charges. This is why you want a proficient criminal defense attorney to obtain the best possible result in your case. Like cases including other drug criminal offenses, cops typically exceed their legal authority and breach the rights of suspects.
This consists of illegal traffic stops and prohibited search and seizure. An attorney experienced with drugs and DUI Illinois can examine the facts of your case to figure out if anything inappropriate happened. This may even result in a termination of all possession of drug paraphernalia Illinois charges.
Does Possession Of Paraphernalia Stay On Your Record?
If you have been convicted, you will want to know, “Does possession of paraphernalia stay on your record?” In most cases, the answer is, “Yes.” Therefore, it is usually not the best option to settle for a plea bargain to avoid a lengthy trial. Instead, there are lots of possible defenses that achieve success in these kinds of possession of drug paraphernalia Illinois cases.
If you are not receiving the right advice from your legal team, research your options, and find one who will provide adequate counsel.
Is Possession Of Drug Paraphernalia A Felony In Illinois?
So, is the possession of drug paraphernalia a felony in Illinois? As you can see, it depends on the type of paraphernalia and the circumstance surrounding its detection. Additionally, for first-time offenses, the court might choose to enforce probation rather than time in prison. This still results in a criminal record that will follow you for the rest of your life.
Only a reputable lawyer can properly advise you. Contact the Law Offices of Andrew Nickel, LLC.
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