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Illinois Compiled Statutes

720 ILCS 600/3.5 (2026)

Possession of drug paraphernalia

✓ current as of May 2026
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(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 a controlled substance into the human body, or in preparing 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 controlled substances to drug paraphernalia or the presence of a controlled substance on the drug paraphernalia.
(Source: P.A. 101-593, eff. 12-4-19.)

    
Notes of Decisions
Cited in 138 cases (28 in the last 5 years), 1997–2026 · leading case: People v. Easley, 680 N.E.2d 776 (Ill. App. Ct. 1997).
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People v. Easley, 680 N.E.2d 776 (Ill. App. Ct. 1997). · cites it 6× “Terrill, were convicted of unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 1994)) and unlawful possession of cannabis (720 ILCS 550/4(c) (West 1994)).”
People v. Cosby, 898 N.E.2d 603 (Ill. 2008). · cites it 2× “BACKGROUND Michael Cosby The State initially charged Cosby with unlawful possession of drug paraphernalia (720 ILCS 600/3.5 (West 2000)) and unlawful possession of cocaine (720 ILCS 570/402(c) (West 2000)), resulting from a search of Cosby's vehicle and of a cigarette pack…”
People v. Comage, 946 N.E.2d 313 (Ill. 2011). · cites it 2× “" The State also charged defendant with unlawful possession of drug paraphernalia (720 ILCS 600/3.5 (West 2006)) and resisting a peace officer (720 ILCS 5/31-1 (West 2006)).”
People v. Kipfer, 824 N.E.2d 1246 (Ill. App. Ct. 2005). · cites it 2× “Defendant filed a pretrial motion to quash arrest and suppress evidence, alleging that the police officer seized him without probable cause *1248 to arrest or a reasonable, articulable suspicion that he had committed a crime.”
People v. Schmalz, 740 N.E.2d 775 (Ill. 2000). · cites it 2× “Schmalz, guilty beyond a reasonable doubt of unlawful possession of cannabis (720 ILCS 550/4(a) (West 1996)) and drug paraphernalia (720 ILCS 600/3.5(a) (West 1996)). In the circuit court of Peoria County, following a bench trial the defendant was found guilty of both offenses…”
People v. Stehman, 783 N.E.2d 1 (Ill. 2002). · cites it 2× “Justice RARICK delivered the opinion of the court: Defendant, Michael Stehman, was arrested for unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 1998)). His motion to suppress evidence and quash arrest was granted by the circuit court of De Kalb County and…”
People v. Driggers, 853 N.E.2d 414 (Ill. 2006). · cites it 2× “Driggers, was charged by information with possession of drug paraphernalia (720 ILCS 600/3.5 (West 2000)) and unlawful possession of more than 2.”
People v. Beler, 763 N.E.2d 925 (Ill. App. Ct. 2002). · cites it 2× “Beler, of (1) possession of a controlled substance (720 ILCS 570/402(a)(2)(B) (West 1998) (effective July 30, 1998)); (2) possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(B) (West 1998) (effective June 19, 1998)); (3) possession of drug…”
People v. Sparks, 734 N.E.2d 216 (Ill. App. Ct. 2000). · cites it 2× “The grand jury additionally indicted Sparks for unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 1998)) and unlawful possession of less than 15 grams of a controlled substance (720 ILCS 570/402(c) (West 1998)).”
People v. Miller, 803 N.E.2d 610 (Ill. App. Ct. 2004). · cites it 4× “Miller, with unlawful possession with intent to deliver cannabis (720 ILCS 550/5(c) (West 2002)) and unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 2002)). Defendant filed a motion to quash the arrest and suppress evidence.”
People v. Ash, 805 N.E.2d 649 (Ill. App. Ct. 2004). · cites it 2× “608(a)(9)) and his right to due process by allowing voir dire to proceed off the record; (2) defense counsel rendered ineffective assistance by waiving the reporting of voir dire; (3) the trial court erroneously admitted evidence of an uncharged crime, possession of drug…”
People v. Harrell, 795 N.E.2d 1022 (Ill. App. Ct. 2003). · cites it 2× “Harrell, was convicted of two counts of theft from the person (720 ILCS 5/16 — 1(a), (b) (West 2000)), theft (720 ILCS 5/16 — 1(a) (West 2000)), and possession of drug paraphernalia (720 ILCS 600/3.5 (West 2000)). Defendant appeals, contending that (1) the State failed to prove…”
Show all 138 citing cases →
— 720 ILCS 600/3.5(a) — 101 cases
People v. Easley, 680 N.E.2d 776 (Ill. App. Ct. 1997). “Terrill, were convicted of unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 1994)) and unlawful possession of cannabis (720 ILCS 550/4(c) (West 1994)).”
People v. Kipfer, 824 N.E.2d 1246 (Ill. App. Ct. 2005). “Defendant filed a pretrial motion to quash arrest and suppress evidence, alleging that the police officer seized him without probable cause *1248 to arrest or a reasonable, articulable suspicion that he had committed a crime.”
People v. Schmalz, 740 N.E.2d 775 (Ill. 2000). “Schmalz, guilty beyond a reasonable doubt of unlawful possession of cannabis (720 ILCS 550/4(a) (West 1996)) and drug paraphernalia (720 ILCS 600/3.5(a) (West 1996)). In the circuit court of Peoria County, following a bench trial the defendant was found guilty of both offenses…”
People v. Stehman, 783 N.E.2d 1 (Ill. 2002). “Justice RARICK delivered the opinion of the court: Defendant, Michael Stehman, was arrested for unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 1998)). His motion to suppress evidence and quash arrest was granted by the circuit court of De Kalb County and…”
People v. Beler, 763 N.E.2d 925 (Ill. App. Ct. 2002). “Beler, of (1) possession of a controlled substance (720 ILCS 570/402(a)(2)(B) (West 1998) (effective July 30, 1998)); (2) possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(B) (West 1998) (effective June 19, 1998)); (3) possession of drug…”
— 720 ILCS 600/3.5(b) — 4 cases
People v. Easley, 680 N.E.2d 776 (Ill. App. Ct. 1997). “Terrill, were convicted of unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 1994)) and unlawful possession of cannabis (720 ILCS 550/4(c) (West 1994)).”
People v. Reeves, 762 N.E.2d 1124 (Ill. App. Ct. 2002).
People v. Reeves (Ill. App. Ct. 2002).
People v. Easley (Ill. App. Ct. 1997).
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