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Drug paraphernalia
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Post Drug paraphernalia 
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??


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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.

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