Statute:

Criminally using drug paraphernalia in the second degree

ยง 220.50 Criminally using drug paraphernalia in the second degree.

A person is guilty of criminally using drug paraphernalia in the
second degree when he knowingly possesses or sells:

1. Diluents, dilutants or adulterants, including but not limited to,
any of the following: quinine hydrochloride, mannitol, mannite, lactose
or dextrose, adapted for the dilution of narcotic drugs or stimulants
under circumstances evincing an intent to use, or under circumstances
evincing knowledge that some person intends to use, the same for
purposes of unlawfully mixing, compounding, or otherwise preparing any
narcotic drug or stimulant; or

2. Gelatine capsules, glassine envelopes, vials, capsules or any other
material suitable for the packaging of individual quantities of narcotic
drugs or stimulants under circumstances evincing an intent to use, or
under circumstances evincing knowledge that some person intends to use,
the same for the purpose of unlawfully manufacturing, packaging or
dispensing of any narcotic drug or stimulant; or

3. Scales and balances used or designed for the purpose of weighing or
measuring controlled substances, under circumstances evincing an intent
to use, or under circumstances evincing knowledge that some person
intends to use, the same for purpose of unlawfully manufacturing,
packaging or dispensing of any narcotic drug or stimulant.

Criminally using drug paraphernalia in the second degree is a class A
misdemeanor.

PEN 220.50 2014-09-22

Criminal Jury Instruction Links:



Diluents, Dilutants or Adulterants - PL 220.50(1)
Material Suitable for Packaging - PL 220.50(2)
Scales and Balances - PL 220.50(3)

Sections:

220. Controlled substances offenses
220.00 - Controlled substances; definitions.
220.03 - Criminal possession of a controlled substance in the seventh degree.
220.06 - Criminal possession of a controlled substance in the fifth degree.
220.09 - Criminal possession of a controlled substance in the fourth degree.
220.16 - Criminal possession of a controlled substance in the third degree.
220.18 - Criminal possession of a controlled substance in the second degree.
220.21 - Criminal possession of a controlled substance in the first degree.
220.25 - Criminal possession of a controlled substance; presumption.
220.28 - Use of a child to commit a controlled substance offense.
220.31 - Criminal sale of a controlled substance in the fifth degree.
220.34 - Criminal sale of a controlled substance in the fourth degree.
220.39 - Criminal sale of a controlled substance in the third degree.
220.41 - Criminal sale of a controlled substance in the second degree.
220.43 - Criminal sale of a controlled substance in the first degree.
220.44 - Criminal sale of a controlled substance in or near school grounds.
220.45 - REPEALED (10/7/2021) Criminally possessing a hypodermic instrument.
220.46 - Criminal injection of a narcotic drug.
220.48 - Criminal sale of a controlled substance to a child.
220.50 - Criminally using drug paraphernalia in the second degree.
220.55 - Criminally using drug paraphernalia in the first degree.
220.60 - Criminal possession of precursors of controlled substances.
220.65 - Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist.
220.70 - Criminal possession of methamphetamine manufacturing material in the second degree.
220.71 - Criminal possession of methamphetamine manufacturing material in the first degree.
220.72 - Criminal possession of precursors of methamphetamine.
220.73 - Unlawful manufacture of methamphetamine in the third degree.
220.74 - Unlawful manufacture of methamphetamine in the second degree.
220.75 - Unlawful manufacture of methamphetamine in the first degree.
220.76 - Unlawful disposal of methamphetamine laboratory material.
220.77 - Operating as a major trafficker.
220.78 - Witness or victim of drug or alcohol overdose.

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