Wrongful Possession Of Drug Paraphernalia In Chicago
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Offenses, such as drug trafficking, are typically felony charges. Under the federal statute, the maximum sentence for selling paraphernalia is three years plus a fine. As noted above, federal law does not outlaw possession, per se. Under state law, penalties can vary.
California law is lenient for first-time offenders. You can avoid incarceration through a drug diversion program or probation for your first conviction. Whether or not you will face jail time for your charges will vary depending on the nature and quantity of the substance involved.
(a) Any person who keeps for sale, offers for sale, sells, or delivers for any commercial consideration any item of drug paraphernalia commits a Class 4 felony for which a minimum fine of $1,000 for each such item shall be imposed.
Penalties for possession of heroin, cocaine, morphine, LSD, and specified hallucinogenic substances depend on the amount of the substance involved in the crime: 15 to 99 grams: Punishable by incarceration of 4 to 15 years. 100 to 399 grams: Punishable by incarceration of 6 to 30 years.
Possession of drug paraphernalia is a criminal offense covered under California Health and Safety Code 11364. It's basically defined as any type of equipment or material that is modified to make, use, or hide illegal controlled substances.
Possession of less than 15 grams is a Class 4 felony, punishable by one to three years in prison and up to $25,000 in fines. Possession of more than 15 grams is a Class 1 felony, punishable by fines up to $200,000 and jail time of four to 50 years, depending on the amount of the controlled substance.
The term drug paraphernalia refers to any equipment that is used to produce, conceal, and consume illicit drugs. It includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes.
