Paraphernalia is a vague term, and many of the people charged with possession of drug paraphernalia likely don't understand exactly what's going on. In Illinois, possession of drug paraphernalia is defined as possessing “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.” Possession of drug paraphernalia is a class A misdemeanor, meaning that a guilty verdict could come with up to a year in jail as well as fines upward of $750.
Drug paraphernalia charges can be hard to fight, but they aren't impossible to shake off. The state is constitutionally required to prove beyond reasonable doubt that the item was intended to use with drugs. To escape these misdemeanor charges, you need to show reasonable doubt. Reasonable doubt starts with the facts of your case; a person caught with rolling papers can and should argue that these are also used for perfectly legal tobacco use, a person caught with a scale should argue that scales have use in any situation that requires measurement, etc.
If you're looking to argue that there is reasonable doubt in the facts of your case, you should contact a criminal defense lawyer experienced with drug possession laws as soon as possible. The criminal defense team at John W. Callahan LTD has handled hundreds of drug possession and DUI cases, and have all the skills and experience necessary to fight for your constitutional right to a fair trial.
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