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Wednesday, July 29, 2009

Ind. Law - "It's the Law: Possessing drug paraphernalia is an offense"

Ken Kosky's NWI Times' "It's the Law" column from July 20th looked at drug paraphernalia. Some quotes:

People who use a pipe to smoke marijuana or crack cocaine, or who use a needle to inject themselves with heroin should know they can get arrested long after the drugs are gone.

Indiana law states it is illegal to possess drug paraphernalia, which is defined as an object used to ingest drugs, test drugs or enhance the effect of drugs.

Jeff Biggs, who supervises the undercover Porter County Drug Task Force, said the most commonly seen paraphernalia includes multicolored glass pipes for smoking marijuana, glass tubes with mesh filters used for smoking crack cocaine, and spoons and needles used to heat and inject heroin.

Biggs said drug sellers and purchasers also often have scales to make sure the amount of drug being sold or purchased is being accurately represented. * * *

Biggs said possession of paraphernalia is generally charged as a misdemeanor if the device has drug residue in it or if there is evidence that the person possessing it used it or was planning to use it. A person can get in trouble for possessing paraphernalia even if the device actually belongs to a friend. A person's second offense under the paraphernalia statute is a felony.

And even the paraphernalia has never been used and the person doesn't know it is even drug paraphernalia, they could receive a citation, Biggs said.

Posted by Marcia Oddi on July 29, 2009 09:30 AM
Posted to Indiana Law