Mr. Krinkle
Bluelight Crew
- Joined
- Apr 2, 2005
- Messages
- 29,294
INDIANA POSSESSION OF A SYRINGE LAW
Indiana Code 16-42-19-18 – Possession or control of hypodermic needles.
- A person who possesses with intent to violate this chapter; or commit an offense described in IC 35-48-4; a hypodermic syringe or needle or an instrument adapted for the use of a controlled substance or legend drug by injection in a human being commits a Level 6 Felony.
Under the Indiana Drug law, Indiana case results interpreting this statute have gone both ways. For example, in Berkhardt v. State, the Indiana Court of Appeals held that the State did not present sufficient evidence to support defendant’s conviction for level 6 felony unlawful possession of a syringe because there was no drug residue on the syringes found on defendant, no evidence of prior drug-related convictions or current or past drug use, and no other evidence to support the State’s claim defendant possessed the syringes with the specific intent to violate the Indiana Legend Drug Act or to commit a controlled substance offense.
In Cherry v. State, the Indiana Court of Appeals held that evidence was sufficient to sustain defendant’s conviction for unlawful possession of a syringe in violation of IC 16-42-19-18, because a hypodermic syringe was found in defendant’s pocket, he testified that he was a drug user, that he carried paraphernalia, and usually took heroin by injecting it with a syringe.

but then there's this:
they have a state health dept. needle exchange program
