What is the name of your state (only U.S. law)? Illinois
So, I got arrested for posession of drug paraphernalia. I wasn't charged with DUI or anything. I now have a court date and I want to know what are the possible penalties. I was arrested in a suburb tht shares a border with Chicago, but the case will be held at a courthouse in another suburb. I have a clean record, no prior convictions or anything. Has anybody had a similar case? What can I expect? Any tips?
(720 ILCS 600/3.5)
Sec. 3.5. Possession of drug paraphernalia.
(a) A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use, is guilty of a Class A misdemeanor for which the court shall impose a minimum fine of $750 in addition to any other penalty prescribed for a Class A misdemeanor. This subsection (a) does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.
(b) In determining intent under subsection (a), the trier of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia.
(Source: P.A. 93‑392, eff. 7‑25‑03.)
.17.010 Definitions.
Unless the context otherwise requires, the following terms as used in this Chapter have the meanings ascribed to them.
A. “Controlled substance” means any drug or controlled substance as defined under any law of the State or of the United States of America.
B. “Instrument” means a device used, designed for use, or intended for use in ingesting, smoking, administering or preparing cannabis, cocaine, phencyclidine, opium or any derivative thereof, or any other controlled substance, and includes the following:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic marijuana (Cannabis sativa) or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2. Water pipes designed for use or intended for use with marijuana (Cannabis sativa), hashish, hashish oil, or cocaine;
3. Carburation tubes and devices;
4. Smoking and carburation masks;
5. Roach clips;
6. Separation gins designed for use or intended for use in cleaning marijuana;
7. Cocaine spoons and vials;
8. Chamber pipes;
9. Carburetor pipes;
10. Electric pipes;
11. Air-driven pipes;
12. Chilams;
13. Bongs; and
14. Ice pipes or chillers.
C. “Minor” means any person who has not attained eighteen years of age.
(Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1 (part), 1979).
9.17.020 Prohibition.
It is unlawful for any person to have, possess, sell, offer to sell, dispense or give away any instrument adapted for the use of smoking, inhaling or ingesting any controlled substance. (Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1 (part), 1979).
9.17.030 Application.
The provisions of this Chapter shall not apply to:
A. Any person who has been authorized by the Department of Mental Health and Developmental Disabilities, with the approval of the Illinois State Police, to possess and deliver substances containing cannabis;
B. Persons registered under federal law to conduct research with cannabis.
(Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1 (part), 1979)
9.17.040 Violation--Penalty.
A. Any person violating any provision of this Chapter shall be punished as provided in Chapter 1.08 of this Code.
B. In addition to the penalty set forth in subsection A of this section, any person convicted of a violation of this Chapter shall be subject to revocation of the business license, if any, issued by the Village to said person.
C. A violation of this Chapter is declared to be a public nuisance and shall be subject to abatement as provided by law.
(Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1 (part), 1979).
1.08.010 Designated.
A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the Village is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the Village, any person convicted of a misdemeanor under the ordinances of the village shall be punished by a fine not to exceed five hundred dollars, or the entry of an order of supervision pursuant to Section 1005-6-1 of Chapter 38, Illinois Revised Statutes (1979) as may be amended from time to time.
B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the Village is committed, continued or permitted by any such person, and such person is punishable accordingly.
(Ord. 81-15 § 2, 1981; Ord. 77-38 § 1, 1977).
so, I think it is misdemeanor anyway.
