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Indiana criminal charge

Dealing in paraphernalia in Indiana

Current through 2026 Indiana legislative session

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?

Penalties for Dealing in paraphernalia
PenaltyRangeBasisAuthority
Fineup 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)discretionaryInd. Code § 34-28-5-4
Jail / prisonup to 1 year (Dealing in paraphernalia — knowing or intentional violation — A person knowingly or intentionally violates subsection (a).)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Dealing in paraphernalia — knowing or intentional violation — A person knowingly or intentionally violates subsection (a).)discretionaryInd. Code § 35-50-3-2
Jail / prison6 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)))presumptiveInd. Code § 35-50-2-7
Fineup 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.)discretionaryInd. Code § 35-50-2-7

Applies to current.

How is dealing in paraphernalia classified in Indiana?

The classification depends on the circumstances:

Classification variants for Dealing in paraphernalia
VariantClassificationWhen it appliesStatute
Dealing in paraphernalia (base offense)Class A InfractionA 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 violationClass A MisdemeanorA person knowingly or intentionally violates subsection (a).Ind. Code § 35-48-4-8.5(b)
Dealing in paraphernalia — knowing or intentional violation with prior convictionLevel 6 FelonyA 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?

Penalties for dealing in paraphernalia in Indiana depend on how it is classified — from a Class A Infraction up to a Level 6 Felony — with the ranges set by Ind. Code § 34-28-5-4, Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.

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.