Indiana criminal charge
Dealing in paraphernalia in Indiana
Dealing in paraphernalia is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-8.5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-48-4-8.5.
What is the penalty for dealing in paraphernalia in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $10,000 (Dealing in paraphernalia (base offense) — A person keeps for sale, offers for sale, delivers, or finances delivery of paraphernalia intended or marketed primarily for drug-related uses described in (a)(1)-(6).; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
| Jail / prison | up to 1 year (Dealing in paraphernalia — knowing or intentional violation — A person knowingly or intentionally violates subsection (a).) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Dealing in paraphernalia — knowing or intentional violation — A person knowingly or intentionally violates subsection (a).) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Dealing in paraphernalia — knowing or intentional violation with prior conviction — A person knowingly or intentionally violates subsection (a) and has a prior unrelated judgment or conviction under this section.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Dealing in paraphernalia — knowing or intentional violation with prior conviction — A person knowingly or intentionally violates subsection (a) and has a prior unrelated judgment or conviction under this section.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is dealing in paraphernalia classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Dealing in paraphernalia (base offense) | Class A Infraction | A person keeps for sale, offers for sale, delivers, or finances delivery of paraphernalia intended or marketed primarily for drug-related uses described in (a)(1)-(6). | Ind. Code § 35-48-4-8.5(a) |
| Dealing in paraphernalia — knowing or intentional violation | Class A Misdemeanor | A person knowingly or intentionally violates subsection (a). | Ind. Code § 35-48-4-8.5(b) |
| Dealing in paraphernalia — knowing or intentional violation with prior conviction | Level 6 Felony | A person knowingly or intentionally violates subsection (a) and has a prior unrelated judgment or conviction under this section. | Ind. Code § 35-48-4-8.5(b) |
Common questions about dealing in paraphernalia in Indiana
Is dealing in paraphernalia a felony or a misdemeanor in Indiana?
It depends on the circumstances: dealing in paraphernalia ranges from a Class A Infraction to a Level 6 Felony in Indiana under Ind. Code § 35-48-4-8.5.
Dealing in paraphernalia (base offense): Class A Infraction (Ind. Code § 35-48-4-8.5(a)) · Dealing in paraphernalia — knowing or intentional violation: Class A Misdemeanor (Ind. Code § 35-48-4-8.5(b)) · Dealing in paraphernalia — knowing or intentional violation with prior conviction: Level 6 Felony (Ind. Code § 35-48-4-8.5(b))
What are the penalties for dealing in paraphernalia in Indiana?
Which Indiana statute covers dealing in paraphernalia?
Dealing in paraphernalia is governed by Ind. Code § 35-48-4-8.5 (Dealing in paraphernalia).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.