Illinois Penalties for Unlawful Possession of Drug Paraphernalia
"Drug Paraphernalia" is defined as: " 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."
A person is guilty of possessing drug paraphernalia if he or she, knowingly possesses
an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise i
ntrodung cannabis or a controlled substance into the human body, or in preparing
cannabis or a controlled substance for that use
Unlawful Possession Drug Paraphernalia is Class "A" Misdemeanor. Under Illinois Law,
a Class "A" Misdemeanor carries a maximum penalty of 364 days in County Jail, a
fine of $2500. The statutory minimum fine for possessing drug paraphernalia is $750.
If you are convicted of Unlawful Possession of Drug Paraphernalia, the
record of the arrest and conviction cannot be expunged (erased) from your criminal record
under Illinois law.
Under Illinois law, you may be eligible for Court Supervision for unlawful possession of drug
paraphernalia is not considered a conviction under Illinois law. More importantly, Court
Supervision CAN be expunged from your record. Court Supervision is not automatic -
whether you are sentenced to a conviction or court supervision is always in the discretion
of the Judge.
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