Indiana criminal charge
Possession of paraphernalia in Indiana
Possession of paraphernalia is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-8.3. 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 § 35-48-4-8.3.
What is the penalty for possession of paraphernalia in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Possession of paraphernalia - base offense — A person knowingly or intentionally possesses an instrument, device, or object intended for introducing a controlled substance into the body, testing its strength/effectiveness/purity, or enhancing its effect.) | discretionary | Ind. Code § 35-50-3-4 |
| Fine | up to $500 (Possession of paraphernalia - base offense — A person knowingly or intentionally possesses an instrument, device, or object intended for introducing a controlled substance into the body, testing its strength/effectiveness/purity, or enhancing its effect.) | discretionary | Ind. Code § 35-50-3-4 |
| Jail / prison | up to 1 year (Possession of paraphernalia - prior conviction enhancement — The offense is elevated when the person has a prior unrelated judgment or conviction under this section.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Possession of paraphernalia - prior conviction enhancement — The offense is elevated when the person has a prior unrelated judgment or conviction under this section.) | discretionary | Ind. Code § 35-50-3-2 |
Applies to current.
How is possession of paraphernalia classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of paraphernalia - base offense | Class C Misdemeanor | A person knowingly or intentionally possesses an instrument, device, or object intended for introducing a controlled substance into the body, testing its strength/effectiveness/purity, or enhancing its effect. | Ind. Code § 35-48-4-8.3(b) |
| Possession of paraphernalia - prior conviction enhancement | Class A Misdemeanor | The offense is elevated when the person has a prior unrelated judgment or conviction under this section. | Ind. Code § 35-48-4-8.3(b) |
Common questions about possession of paraphernalia in Indiana
Is possession of paraphernalia a felony or a misdemeanor in Indiana?
It depends on the circumstances: possession of paraphernalia ranges from a Class C Misdemeanor to a Class A Misdemeanor in Indiana under Ind. Code § 35-48-4-8.3.
Possession of paraphernalia - base offense: Class C Misdemeanor (Ind. Code § 35-48-4-8.3(b)) · Possession of paraphernalia - prior conviction enhancement: Class A Misdemeanor (Ind. Code § 35-48-4-8.3(b))
What are the penalties for possession of paraphernalia in Indiana?
Which Indiana statute covers possession of paraphernalia?
Possession of paraphernalia is governed by Ind. Code § 35-48-4-8.3 (Possession 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.