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??

Thanks.

Key wording here being "controlled substances". These devices are marketed to be used with tobacco. You and I know that about 1% of the tobacco smokers are using these products. That would leave 99% of their use or application to be for illegal reasons. If we encounter a product or device that has been used with a "controlled substance" then obviously it is illegal and the person apprehended who is in possession is charged with reckless possession of paraphernalia. A second conviction would be a felony.