| IC 35-48-4-8.3 |
NARCOTIC NEWS
Drug Law in Indiana IC 35-48-4-8.3
Drug Law in Indiana IC 35-48-4-8.3
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
Possession of Paraphernalia
Sec. 8.3. (a) A person who possesses a raw material, an instrument, a device,
or other object that the person intends to use for:
(1) introducing into the person's body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits a Class A infraction for possessing
paraphernalia.
(b) A person who knowingly or intentionally violates subsection (a) commits a
Class A misdemeanor. However, the offense is a Class D felony if the person
has a prior unrelated judgment or conviction under this section.
(c) A person who recklessly possesses a raw material, an instrument, a
device, or other object that is to be used primarily for:
(1) introducing into the person's body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits reckless possession of paraphernalia, a
Class B misdemeanor. However, the offense is a Class D felony if the person
has a previous judgment or conviction under this section.
As added by Acts 1980, P.L.115, SEC.4. Amended by P.L.202-1989,
SEC.5; P.L.166-1990, SEC.2; P.L.58-2003, SEC.1.
or other object that the person intends to use for:
(1) introducing into the person's body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits a Class A infraction for possessing
paraphernalia.
(b) A person who knowingly or intentionally violates subsection (a) commits a
Class A misdemeanor. However, the offense is a Class D felony if the person
has a prior unrelated judgment or conviction under this section.
(c) A person who recklessly possesses a raw material, an instrument, a
device, or other object that is to be used primarily for:
(1) introducing into the person's body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits reckless possession of paraphernalia, a
Class B misdemeanor. However, the offense is a Class D felony if the person
has a previous judgment or conviction under this section.
As added by Acts 1980, P.L.115, SEC.4. Amended by P.L.202-1989,
SEC.5; P.L.166-1990, SEC.2; P.L.58-2003, SEC.1.