Hello, some colleagues of mine got in a debate today regarding drug paraphernalia. Our question is, does the item have to have drug residue on it to be considered drug paraphernalia? According to the research that I have done....
“Drug paraphernalia” includes “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 ... ingesting, inhaling, or otherwise introducing into the human body ... a controlled substance.” Ind. Code § 35-48-4-8.5(a)(1). The law makes it a crime to possess paraphernalia with the intent to use it in violation of the section. Ind. Code § 35-48-4-8.3. Violation is a Class A misdemeanor, punishable by imprisonment for a fixed term of not more than one year.
Can you answer this question for me??