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.
Last modified: May 24, 2006