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Possession & Sale of Drug Paraphernalia in Illinois


Not only is it illegal to possess certain drugs—except for cannabis—in Illinois, but you may face criminal charges for possessing drug paraphernalia, which includes equipment and materials used to manufacture, produce, harvest, store, test, conceal, inject, ingest, or use a controlled substance. 

Common examples of drug paraphernalia include: 

  • Pipes 

  • Bongs 

  • Syringes 

  • Miniature spoons and vials 

  • Carburetion tubes 

  • Syringes and needles 

  • Bags (e.g. plastic baggies, paper bags, etc.) 

  • Freebase kits 

  • Straws and small mirrors 

  • Aerosol cans, balloons, or tubes of glue 

Possession of drug paraphernalia in Illinois is a Class A misdemeanor, which carries a jail term of up to one year and/or a maximum fine of $2,500. Additionally, a conviction can also result in a mandatory $750 fine (not including court costs and other legal fees). 

Selling drug paraphernalia is a Class 4 felony, punishable by imprisonment for up to three years and/or a maximum fine of $25,000. If a person sells drug paraphernalia to someone who is younger than 18 years old, the offense is considered a Class 3 felony, which can result in a prison sentence of up to five years and/or a maximum fine of $25,000. Selling drug paraphrenia to a pregnant woman is a Class 2 felony, punishable by imprisonment for up to seven years and/or a fine of up to $25,000. 

When it comes to retail stores (headshops) that sell alleged drug paraphernalia, the legal loophole around state laws is promoting such products to only be used to smoke or consume tobacco. Furthermore, anyone who is authorized to possess hypodermic syringes or needles—such as a medical professional or person with diabetes—they cannot be charged with possession of drug paraphernalia. 

If you have been arrested for a drug crime in Chicago, contact the Law Office of Steven Fine today at (312) 436-0638 to schedule a free case evaluation. Hundreds of criminal cases handled throughout Illinois!