Illinois law, a person who knowingly possesses drug paraphernalia with the
intent of using or preparing drugs is guilty of a Class A Misdemeanor,
punishable by up to one year in jail and a minimum $750 fine. (720 Illinois Compiled Statutes
law does not apply to hypodermic syringes if you are authorized to have them
under the Hypodermic Syringes and Needles Act. (720 ILCS 635.) Drug
paraphernalia is defined as all equipment, products and materials to be used in
planting, growing, manufacturing, converting, testing, injecting, ingesting, packaging
or using drugs, except for methamphetamines which is a separate offense.
state must prove that you intended to use the paraphernalia to take or
make drugs, simply owning a collection
of bong pipes may not be enough to convict you.
However, any drugs found near or residue on the paraphernalia can be
used to show that you had the necessary illegal intent.
other criminal offenses, the state must prove you guilty beyond a reasonable
doubt. An attorney can examine the
evidence for holes in the state’s case. Was
the search that revealed the paraphernalia legal? Can the state show that the paraphernalia
yours or that you meant to use it? Even
if the state has more than enough evidence to convict you, an attorney can help
negotiate a better plea agreement than you might do on your own.