DuPage County Drug Paraphernalia Attorneys
Tenacious Defense Against the Full Spectrum of Drug Offenses in Illinois
Whether you are arrested with a pot pipe in your pocket or a scale in your home, you can be charged with possession of drug paraphernalia, which is a Class A misdemeanor. Although many items that might be considered paraphernalia have innocent uses, such as a hookah pipe to smoke flavored tobacco, a drug paraphernalia conviction can be based on possession of such innocent items depending on the circumstances. If you have a vaporizer for the inhalation of flavored smoke, the device can constitute paraphernalia if it contains pot residue.
Our DuPage County drug crime attorneys at Ramsell and Associates, LLC recognize a drug conviction of any type can be a permanent blemish on your criminal record that impacts future career prospects, rental housing options, educational opportunities, immigration privileges and other aspects of your life. When you retain one of our criminal defense attorneys, you know that you have the experience of a law firm that has represented over 12,000 clients since 1986 in your corner.
Our successful in high profile cases has been acknowledged on a vast range of news and media sources that include the Oprah Winfrey Show, ABC, 20/20, NBC, CBS, FOX, The New York Times, and the Washington Post just to list a few examples. Because we have handled the full spectrum of drug offenses from simple possession of a small quantify or marijuana or drug paraphernalia to major drug trafficking cases, we have the experience to challenge unlawful search and seizures, the classification of an item as paraphernalia, knowledge of possession or the exclusion of incriminating statements.
What Constitutes Possession of Drug Paraphernalia in Illinois?
The Illinois law that makes possession of drug paraphernalia unlawful is the Illinois Drug Paraphernalia Act (720 ILCS 600/1 et seq.) which governs both the sale and possession of drug paraphernalia:
“All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Cannabis Control Act, the Illinois Controlled Substance Act or the Methamphetamine Control and Community Protection Act.” (Emphasis added).
While the statute specifically lists items that constitute paraphernalia, the itemization is illustrative rather than complete. Examples include but are not limited to the following:
- Hypodermic Needles
Penalties for Possession of Drug Paraphernalia
It is important to keep in mind that paraphernalia can include items used for drug use, cultivation or drug sales. The penalties are the same regardless of the type of drug that is associated with the type of paraphernalia. In other words, the penalties are the same whether the item is a syringe used to inject heroin or a bong used to smoke marijuana. If you are found guilty, you will face exposure of up to a year in jail and a maximum fine of $2,500. A separate $750 assessment will also be imposed on top of the fine and other court costs.
Our DuPage County drug crime lawyers conduct a thorough investigation to identify procedural and substantive defenses that can be used to seek dismissal or acquittal. However, the judge can order probation, so we explore all possible options for obtaining the best result, which might include TASC probation, drug court or first offender probation. We invite you to call us at 630-256-8001 or to send us an email to schedule your free consultation in our conveniently located office in Naperville. Ramsell and Associates, LLC also has offices in Wheaton and in St. Charles or Rolling Meadows by appointment.