Current with legislation from 2024 Fiscal and Special Sessions.
Section 5-64-443 - Possession of drug paraphernalia(a) A person who possesses drug paraphernalia with the purpose to use the drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or to store, contain, conceal, or weigh a controlled substance in violation of this chapter upon conviction is guilty of: (1) A Class A misdemeanor; or(2) A Class D felony if the: (A) Controlled substance is methamphetamine, heroin, fentanyl, or cocaine; and(B) Person has been previously convicted of a violation of this chapter.(b) A person who uses or possesses with the purpose to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, or repack a controlled substance in violation of this chapter upon conviction is guilty of a:(2) Class B felony if the controlled substance is methamphetamine, heroin, fentanyl, or cocaine.(c) When the same conduct of a defendant may establish the commission of more than one (1) offense under this section, the defendant may only be convicted of one (1) offense under this section.Amended by Act 2021, No. 453,§ 2, eff. 7/28/2021.Amended by Act 2019, No. 1014,§ 1, eff. 7/24/2019.Amended by Act 2017, No. 888,§ 1, eff. 8/1/2017. Acts 2011, No. 570, § 63.