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  5. Breaking News: Indiana Court of Appeals Determines Marijuana Grinder Not Paraphernalia Under Statute

Breaking News: Indiana Court of Appeals Determines Marijuana Grinder Not Paraphernalia Under Statute

On Behalf of Dixon & Moseley, P.C. | Nov 6, 2018 | Appellate Practice, Criminal Appeals, Drug Possession, Indiana Court of Appeals

“Paraphernalia” is a strange word, but one that most of us have heard at some point in our lives. But what exactly does it mean? And what are the legal consequences involved if it is criminal contraband? The term paraphernalia is used in many contexts and has varying legal consequences depending on circumstances, such as, whether you are in possession of paraphernalia or whether you manufacture paraphernalia. In the (penal) drug world, possession of paraphernalia in defined as possession of “an instrument, a device, or another object that the person intends to use for” (1) introducing drugs into one’s body; (2) testing drugs; or (3) enhancing the effect of drugs1.  As you may guess, defining paraphernalia is not always cut and dry.  The Indiana Court of Appeals just dealt with this thorny issue in its recent opinion of Granger v. State2, which is the focus of this blog post. Granger illustrates the balance toward a strict interpretation of criminal acts to preserve individual freedom from the dangers of potentially criminalizing everything.

In Granger, the Court of Appeals had to decide whether a grinder used to “grind marijuana into finer pieces for ‘easier’ consumption”3 constituted paraphernalia in accordance with the Indiana Statute.  If it did, Granger committed a criminal act. If not, the grinder was a legal object.  Specifically, in Granger, the Defendant was pulled over by a police officer after speeding. During the traffic stop, the police officer noticed the “grinder” sitting in the door of the vehicle. The grinder had marijuana inside of it, but nothing else incriminating was found in the Defendant’s vehicle. The Defendant was subsequently charged with possession of paraphernalia as a Class C misdemeanor. On appeal, the Defendant argued that the State presented insufficient evidence to support his conviction of paraphernalia possession. The Court of Appeals agreed with the Defendant and reversed the decision of the trial court.

In making its determination, the Court of Appeals focused heavily on the wording of the statute.  Criminal statutes are strictly construed to make clear what acts are criminal, and which ones are not. The importance, and purpose, of this strict interpretation, is the potential loss of your freedom.  The Court pointed out that the State was required to show that the Defendant intended to use the grinder for “introducing into [his] body a controlled substance.4” The Court went on to define what “introduce into the body” meant and determined that a grinder cannot be used to introduce drugs into the body. It merely changes the drug, but cannot be used to introduce the drug into your body. In reaching this conclusion, the Court stated, “there is a material distinction between possession of an instrument or device that can only be used to prepare a controlled substance for consumption and possession of an instrument or device that can be used to introduce a controlled substance into the body.5” As such, a grinder used only for the preparation of using marijuana is not paraphernalia in accordance with the statute.

This area of law is extremely technical, while also having the potential to completely change the course of your life. An individual who is unaware of their rights may have them violated without even knowing, leading to a negative (criminal) result for you. The importance of understanding the status of developments in the law is the key to avoiding criminal liability, as well as being an engaged citizen in our participatory system of government. This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who handle criminal defense cases and appeals of criminal convictions throughout the state. Knowing the law is a key to be an engaged citizen.  Having criminal defense counsel current on the latest developments in law provides you with the best criminal defense. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Ind. Code 35-48-4-8.3
  • Granger v. State, 18A-CR-1494 (Ind. Ct. App. 2018).
  • Id.
  • Ind. Code 35-48-4-8.3(b)(1).
  • Granger v. State, 18A-CR-1494 (Ind. Ct. App. 2018).
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

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    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

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    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

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    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

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    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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