Illinois Possession, Sale or Delivery of Drug Paraphernalia or Equipment

The Law – 720 ILCS 600/3 and 3.5

720 ILCS 600/3 – Sale or Delivery

It is unlawful for a person to keep for sale, offer for sale or deliver for any consideration any item of drug paraphernalia or equipment.

What is “Drug Paraphernalia”?

"Drug paraphernalia" means all equipment, products and materials of any kind 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

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

 

720 ILCS 600/3.5 – Possession of Paraphernalia

No person may knowingly possess an item of paraphernalia with the intent to use it to ingest cannabis or a controlled substance.

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 cannabis or 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 cannabis or controlled substance and whether or not any controlled substance or cannabis, 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

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