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Dixon & Moseley | Attorneys At Law
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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).
  • How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

    What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

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

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

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