People v. Fiumetto

In consolidated cases, State appealed from judgment dismissing charges of knowingly possessing a hypodermic syringe against 2 defendants, and dismissing charge of possessing drug paraphernalia against 1 defendant. Legislature intended Section 1(b) of Syringes Act not to describe the offense, but to except certain persons or acts from criminal liability. An ordinary spoon, as charged here, does not constitute drug paraphernalia. It is the intended use of the item, as opposed to the intent of the defendant, that determines whether an item is drug paraphernalia, and the location where the spoon was found, near hypodermic syringers, does not mean that it is drug paraphernalia.(McLAREN and SPENCE, concurring.)