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Orland Park Drug Paraphernalia Offenses Lawyer

Joliet Drug Crimes Attorney for Possession or Delivery of Drug Equipment

Sale or Delivery of Drug Paraphernalia or Equipment

The sale or delivery of drug paraphernalia or equipment is unlawful in Illinois. The penalty increases based on whether the sale or delivery is "ordinary," or if the sale or delivery is made to someone under 18 or to a pregnant woman. Additionally, the law allows any store or place that sells paraphernalia for commercial consideration to be declared a "public nuisance." As a result, the courts may issue an injunction requiring the place of business to stop selling the paraphernalia or equipment.

The Sentence

TYPE OF SALE OR DELIVERY

SENTENCE

PRISON TERM

FINE

Ordinary Sale or Delivery

Class 4 Felony

1 to 3 years

Up to $25,000; Minimum $1,000 for each paraphernalia or equipment

Delivering or Selling to a Person under 18

Class 3 Felony

2 to 5 years

Up to $25,000; Minimum $1,000 for each paraphernalia or equipment

Delivering or Selling to a Pregnant Woman

Class 2 Felony

3 to 7 years

Up to $25,000

Probation Possible: Yes

Supervision Possible: No

Possession of Drug Paraphernalia

In addition to banning the sale or delivery of paraphernalia or equipment tied with drug use, Illinois bans the mere possession of paraphernalia. However, for the state to succeed on a charge of Possession of Paraphernalia or Equipment, they must show that the individual charged 1) knew he or she was in possession of the item and 2) intended to use it to ingest a controlled substance.

If a charged individual can show that they did not know they were in possession of the paraphernalia (i.e., picked up the wrong coat which contained the item), then they cannot be convicted of the offense.

Likewise, if the state cannot show that the individual intended to use the item to ingest a banned substance, then the charge will fail. In determining whether the intent existed, a court can take into consideration how close the paraphernalia was to a controlled substance and whether or not any controlled substance, or residue thereof, was found in or on the paraphernalia or equipment.

The Sentence

  • Class A Misdemeanor
  • Fine of $750 to $2,500
  • Up to 364 days in jail

Probation Possible: Yes

Supervision Possible: Yes

Possession or Sale of Hypodermic Syringes or Needles

Illinois prohibits the possession, delivery, or selling of hypodermic syringes or needles ONLY if it is used in the injection of controlled substances. Otherwise, the mere possession of a hypodermic needle does not violate any law in and of itself. In fact, pharmacies are allowed, by law, to sell up to 20 sterile syringes or needles to a person over 18.

The only individuals who are allowed to possess syringes or needles, for the sole purpose of injection of controlled substances, are the individuals with qualifying exceptions, including doctors, dentists, pharmacists, and medical laboratory technicians. These individuals use needles to inject controlled substances in hospitals to patients or in other medical and research testing environments.

The Sentence

1st Offense

  • Class A Misdemeanor
  • Up to 364 days in jail
  • Up to $2,500 fine

2nd or Subsequent Offense

  • Class 4 Felony
  • 1 to 3 years in prison
  • Fine up to $25,000

Probation Possible? Yes

Supervision Possible? Yes, on misdemeanor charge.

Contact Our Tinley Park Drug Paraphernalia Charges Attorney

If you are facing criminal charges related to drug paraphernalia, contact us at 708-966-2408 to arrange a consultation.

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