Possession of paraphernalia.

Authors: Senator Rodric Bray, Senator James Tomes

Co-authors: Senator Karen Tallian

Sponsors: Representative Wendy McNamara


Excludes possession of rolling papers and raw materials from the crime of possession of paraphernalia, and removes possession of paraphernalia as an infraction. Makes the knowing or intentional possession of paraphernalia a Class C misdemeanor, and increases the penalty to a Class A misdemeanor if the person has a prior unrelated judgment or conviction. Makes it a Level 6 felony to possess a hypodermic needle with intent to commit a controlled substance offense. (Under current law, the offense only applies if committed with intent to violate the legend drug act). Specifies that the sentencing enhancement that applies to the legend drug act also applies to the new offense.