How Can a Prosecutor Prove Something is Drug Paraphernalia?

 Posted on September 24, 2024 in Criminal Defense

For a prosecutor to prove you were in possession of drug paraphernalia, it must be shown that an otherwise ordinary household item was used to ingest or store drugs. For this reason, it can be difficult for the prosecution to prove possession of drug paraphernalia because many items that we all use on a daily basis could potentially be used to deliver or store drugs. Two examples are plastic Ziploc storage bags, often used to store leftovers, or a digital scale, which can be used to weigh your food or determine postage. Prosecutors will typically rely on other evidence to suggest the household items were actually paraphernalia.

So, for example, even though most households in Illinois have a drawer with plastic bags stored inside, if those bags just happen to be near illegal drugs or cash, you might be charged with possession of drug paraphernalia. If you find yourself facing charges of drug paraphernalia, you should take these charges seriously. A knowledgeable Buffalo Grove, IL attorney can provide a solid defense on your behalf.  

How Does Illinois Law Define Drug Paraphernalia?

Under the Illinois Drug Paraphernalia Control Act, any equipment or material used to hide, test, make, store, package, process, or use a controlled substance can be considered drug paraphernalia. Certain items have been designated as drug paraphernalia, such as:

• Syringes

• Vials

• Spoons

• Bongs

• Pipes

• Plastic storage bags

• Lighters

• Scales

• Rolling papers

• Chemicals

• Anything that could be used to dilute or cut a controlled substance

Are There Ways a Prosecutor Can Try to Prove an Everyday Item is Drug Paraphernalia?

An everyday item must have drugs or drug residue inside it, although in some cases, proximity to drugs is sufficient to prove possession of drug paraphernalia. One way the prosecutor can prove a normal item is drug paraphernalia is to swab the surface to detect the presence of a controlled substance. Scales and Ziploc baggies are the items most likely to be swabbed; if they test positive for a controlled substance, you could be charged with possession of drug paraphernalia.

What Are the Penalties for Possession of Drug Paraphernalia?

A person who is knowingly in possession of drug paraphernalia with the intent to use it with a controlled substance can be charged with a Class A misdemeanor. There are two words you should note in the above sentence: "knowingly" and "intent." The prosecutor has the burden of proof and must prove that you were aware of the existence of the drug paraphernalia and that you had a clear intent to use the item in conjunction with a controlled substance.

If convicted of a Class A misdemeanor in Illinois, you could face a minimum fine of $750, but potentially as large as $2,500. You could also face up to 364 days in jail and mandatory court assessments. Possession of paraphernalia is not the only charge you might face. It is also unlawful under Illinois law to sell or deliver drug paraphernalia, which is a Class 4 felony. If convicted, fines involve $1,000 per seized item plus additional fines of up to $25,000. You could also face from one to three years in prison.

What Are Some Defenses for Charges of Drug Paraphernalia?

While your defense will depend on the circumstances and evidence surrounding your charges, asserting that you had no knowledge of the paraphernalia is a common defense. Other defenses include:

• The search and seizure at your home, vehicle, or on your person was unlawful and had no reasonable cause basis.

• You possess a legal medical use exception.

• Your use of the paraphernalia was lawful.

• You had no intent to use an ordinary household item as drug paraphernalia despite proximity.

Contact a Lake County, IL Drug Paraphernalia Lawyer

As you can see, drug paraphernalia penalties can be severe. If you are charged with this crime, you need a knowledgeable Barrington, IL drug paraphernalia attorney from The Law Offices of Matthew R. Gebhardt, P.C. to build a strong defense on your behalf. Attorney Matthew Gebhardt previously served as a prosecutor at the Cook County State’s Attorney’s Office. This gives him a unique perspective and the ability to better defend his clients. Call The Law Offices of Matthew R. Gebhardt, P.C. at 847-239-4703 to schedule your free consultation.