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When can you be accused of possession of drug paraphernalia?

On Behalf of | Jan 4, 2024 | Drug Crimes

Like most U.S. states, Indiana has very strict drug laws. But what happens if you are found in possession of drug paraphernalia?

Even if you are not caught with drugs, possession of drug paraphernalia could land you in trouble

Possession of paraphernalia is a crime in Indiana

Even if you are not found with actual drugs, the possession, dealing and manufacturing of any drug-related paraphernalia is a criminal offense per the state’s laws. If it is your first offense, you will be charged with an infraction. And while this might not lead to incarceration, you might be fined up to $10,000.

If you are caught once more with drug paraphernalia, however, you will be charged with a felony. In this case, a conviction will lead to $10,000 in fines as well as between six months and two-and-a-half years behind bars.

Situations that can lead to possession of drug paraphernalia accusations

The legal definition of what amounts to drug paraphernalia is generally broad. As such, the court will rely on a number of factors to determine whether the items in your possession at the time of arrest as well as the circumstances of your arrest justify the prosecution’s case against you. That said, you may be charged with possession of drug paraphernalia based on:

  • Your statement to the police during the arrest and interrogation
  • Your prior convictions on drug-related cases
  • Presence of drug residues on the objects in your possession
  • Expert witness’ accounts

Being charged with possession of drug paraphernalia is a big deal. Understanding the state’s drug laws can help you explore your defense options and safeguard your rights and interests while facing possession of drug paraphernalia charges.