Indiana criminal charge
Manufacture of paraphernalia in Indiana
Manufacture of paraphernalia is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-8.1. 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 § 35-48-4-8.1.
What is the penalty for manufacture of paraphernalia in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $10,000 (Manufacture of paraphernalia (base offense) — A person manufactures, finances the manufacture of, or designs an instrument, device, or other object intended primarily for introducing a controlled substance into the human body, testing its strength/purity, or enhancing its effect, in violation of the chapter.; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
| Jail / prison | 6 months to 30 months (Manufacture of paraphernalia — subsequent offense — A person knowingly or intentionally violates this section and has a previous judgment for violation of 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 (Manufacture of paraphernalia — subsequent offense — A person knowingly or intentionally violates this section and has a previous judgment for violation of this section.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is manufacture of paraphernalia classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Manufacture of paraphernalia (base offense) | Class A Infraction | A person manufactures, finances the manufacture of, or designs an instrument, device, or other object intended primarily for introducing a controlled substance into the human body, testing its strength/purity, or enhancing its effect, in violation of the chapter. | Ind. Code § 35-48-4-8.1(b) |
| Manufacture of paraphernalia — subsequent offense | Level 6 Felony | A person knowingly or intentionally violates this section and has a previous judgment for violation of this section. | Ind. Code § 35-48-4-8.1(c) |
Common questions about manufacture of paraphernalia in Indiana
Is manufacture of paraphernalia a felony or a misdemeanor in Indiana?
It depends on the circumstances: manufacture of paraphernalia ranges from a Class A Infraction to a Level 6 Felony in Indiana under Ind. Code § 35-48-4-8.1.
Manufacture of paraphernalia (base offense): Class A Infraction (Ind. Code § 35-48-4-8.1(b)) · Manufacture of paraphernalia — subsequent offense: Level 6 Felony (Ind. Code § 35-48-4-8.1(c))
What are the penalties for manufacture of paraphernalia in Indiana?
Which Indiana statute covers manufacture of paraphernalia?
Manufacture of paraphernalia is governed by Ind. Code § 35-48-4-8.1 (Manufacture of 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.