Drug Paraphernalia: Can I Be Arrested If I Have A Pipe On Me?

Author: Joe Pioletti Posted on: . Filed in: Criminal Law.

You do not need to be in possession of illegal drugs to be arrested on drug charges. The possession of drug paraphernalia is a crime with or without the possession of drugs. The criminal defense attorneys of Pioletti & Pioletti are experienced in defending criminal cases involving drug paraphernalia. Under current Illinois laws, you can face serious penalties if you are found guilty of possession of drug paraphernalia. You need an experienced criminal defense attorney to help protect your rights.

Understanding Illinois Laws on Drug Paraphernalia

Many people believe that if they are not in possible of illegal drugs they cannot be arrested on a drug charge. This is an incorrect and dangerous assumption. If a police officer stops you for any reason, let’s assume you are speeding, and notices or finds a drug pipe in your vehicle, you will be arrested for possession of drug paraphernalia. Drug paraphernalia is generally defined as equipment, products or materials used in planting, growing, manufacturing, converting, testing, injecting, ingesting, packaging or using drugs. Examples of drug paraphernalia includes but is not limited to:

  • Crack pipes or other pipes used for drugs
  • Bongs
  • Needles
  • Bongs
  • Roach clips/roaches
  • Spoons
  • Scales
  • Baggies/balloons

The list of drug paraphernalia in the Illinois drug statute is not comprehensive. If a prosecutor makes a persuasive argument that an object was used or intended to be used with illegal drugs, the judge may find the person guilty of possession of drug paraphernalia.

Punishment for Possession of Drug Paraphernalia

Most drug paraphernalia charges are filed as a Class A misdemeanor; however, felony charges may be added in certain circumstances. If you are convicted of a Class A misdemeanor drug paraphernalia charge, you will face up to one year in jail and/or a fine up to $2,500. While most of these charges are misdemeanors, in some cases, felony charges may also be added.

For example, if you are convicted on a charge of selling, planning to sell or delivering drug paraphernalia for commercial purposes, you will be charged with a Class 4 felony that carries a minimum fine of $1,000 for each such item is imposed. If you are under 18 years of age and you sell or deliver drug paraphernalia to another person under 18, you will be charged with a Class 3 felony. Felony charges are very serious with long-term consequences for your life beyond the jail time and fines you will pay if found guilty.

With proper representation, you may be able to have your drug paraphernalia charges reduced to receive a lesser sentence or probation. It is very important that you contact our office as soon as possible to discuss your legal options and defenses to a possession of drug paraphernalia charge.

Contact Our Office for a Consultation with an Experienced Illinois Criminal Defense Attorney

The attorneys of Pioletti & Pioletti represent individuals who need experienced illegal drug defense attorneys. We serve clients throughout McLean, Woodford, Tazewell and Peoria counties by providing compassionate, competent legal services. Contact our office at 309-938-4838 to schedule a free consultation with one of our attorneys.

When you need the assistance of an experienced criminal defense attorney in Central Illinois, call the compassionate and skilled attorneys of Pioletti & Pioletti. We are dedicated to providing our clients exceptional service and support throughout the criminal court process.

Joe Pioletti

Joe Pioletti

Attorney Joe C. Pioletti was born and raised in Eureka, IL.Joe received his Bachelor of Arts Degree in Business Management from Eureka College where he also minored in Spanish.Joe then received his Juris Doctor from Southern Illinois University School of Law.While in law school Joe worked in the Domestic Violence Advocacy Clinic and was a three-time recipient of the Charter Class Campaign for Academic Excellence Scholarship.
Joe Pioletti