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Criminal Defense In Bloomington, Indiana
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Can I give drug paraphernalia as a holiday gift?

The support for recreational marijuana is higher than ever. A few states have even decriminalized the use of marijuana for non-medicinal purposes. Indiana is not yet one of those states-- in our state, possessing marijuana is illegal, and so is giving it as a gift.

You may be wondering, though: What about paraphernalia? Marijuana advocates may wish to give the gift of paraphernalia to their fellow cannabis enthusiasts. However, you may want to think twice before giving a pipe as a present or wrapping a bong in a bow. Even if you find it humorous, gifting drug paraphernalia could land you—and the recipient—in serious trouble.

The legality of drug paraphernalia varies state by state. There are also several federal rules about paraphernalia. So, what do these laws mean when it comes to giving paraphernalia as a gift?

Selling paraphernalia

There is a federal rule against selling drug paraphernalia. That means that anyone who sells it to you is technically committing a crime. It would be wise not to participate in any sales transactions of paraphernalia, even if you don’t intend to use it yourself.

Importing and exporting paraphernalia

It’s possible to purchase drug paraphernalia online—but that’s probably not a great idea. Importing or exporting paraphernalia is a federal offense. If you are doing your holiday shopping online this year, it is probably best to shop websites that offer more mainstream gifts.

Mailing or transporting paraphernalia

If you have been thinking about mailing paraphernalia to someone on your Christmas list, you should know that sending paraphernalia through the mail is against the law. It is also illegal to ship paraphernalia between states. Doing either of these could result in serious criminal charges.

Possession

In the state of Indiana, it is illegal to possess any equipment intended for drug use. In fact, the state can even legally count household items like spoons or kitchen scales as paraphernalia. It doesn’t matter whether these items are sitting under a Christmas tree, wrapped in a bow: It could still count as criminal possession of paraphernalia.

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