Indiana statute

Ind. Code § 35-48-4-8.5 — Dealing in paraphernalia

Current through 2026 Regular Session

Part of Chapter 4: Offenses Relating to Controlled Substances, Indiana Code.

Criminal charges under this statute

Dealing in paraphernalia

Full text of Ind. Code § 35-48-4-8.5

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-48-4-8.5Primary source, current through the 2026 Regular Session

Sec. 8.5. (a) A person who keeps for sale, offers for sale, delivers, or finances the delivery of a raw material, an instrument, a device, or other object that is intended to be or that is designed or marketed to be used primarily for: (1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance; (2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance; (3) enhancing the effect of a controlled substance; (4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance; (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance by individuals; or (6) any purpose announced or described by the seller that is in violation of this chapter; commits a Class A infraction for dealing in paraphernalia. (b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated judgment or conviction under this section. (c) This section does not apply to the following: (1) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale. (2) Items marketed for or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance. (3) A qualified entity (as defined in IC 16-41-7.5-3 ) that provides a syringe or needle as part of a program under IC 16-41-7.5 . (4) Any entity or person that provides funding to a qualified entity (as defined in IC 16-41-7.5-3 ) to operate a program described in IC 16-41-7.5 . (5) Items marketed to detect the presence of a drug or controlled substance, including field test kits and test strips.

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Indiana statute covers dealing in paraphernalia?

Dealing in paraphernalia is governed by Ind. Code § 35-48-4-8.5 (Dealing in paraphernalia).

This reference is informational and is not legal advice.