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What are Indiana’s drug paraphernalia laws?

On Behalf of | Aug 30, 2022 | Drug Charges

In Indiana, drug charges are common. Sometimes, a person can be charged with a crime involving paraphernalia. This can stand alone or accompany more serious charges involving illicit substances.

Drug paraphernalia laws in Indiana

A person can face charges of possession of drug paraphernalia if they are found to have certain items on their person or in their possession. It is normally classified as a class C misdemeanor, which means a person could face up to 60 days in jail and a fine of up to $500 if convicted of a first offense. However, if the defendant has any prior convictions for drug crimes, the penalties they face may be higher.

There are also laws regarding the manufacture of or dealing drug paraphernalia that can adversely affect one’s life. Convictions for these crimes are classified as a class C misdemeanor, which carries up to one year in jail and a maximum fine of $5,000.

If a person knowingly and intentionally has certain items, devices or instruments that are known to be used to take controlled substances, they can be charged with a drug paraphernalia crime. The items can include roach clips, pipes, bongs, syringes, miniature spoons and scales, just to name a few.

Possible defenses for drug paraphernalia charges

After a charge involving a drug paraphernalia crime, there are certain defenses that might be used in the case. One of the most common is to argue that the police conducted an illegal search. For example, if there was no warrant present, this defense might work to get the charges dropped.

Another potential defense against drug paraphernalia charges is that the defendant did not knowingly possess the paraphernalia. If the individual was driving and police pulled them over without reasonable suspicion, the defense can argue that fact as well.

Any drug charges can negatively impact many aspects of your life.