(a) This section does not apply to:

1. (1) a rolling paper; or
2. (2) an item marketed to detect the presence of a drug or controlled substance, including field test kits and test strips.

(b) A person who knowingly or intentionally possesses an instrument, a device, or another object that the person intends to use for:

1. (1) introducing into the person's body a controlled substance;
2. (2) testing the strength, effectiveness, or purity of a controlled substance; or

3. (3) enhancing the effect of a controlled substance;

   commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated judgment or conviction under this section.

   As added by Acts 1980, P.L.115, SEC.4. Amended by P.L.202-1989, SEC.5; P.L.166-1990, SEC.2; P.L.58-2003, SEC.1; P.L.158-2013, SEC.635; P.L.187-2015, SEC.49; P.L.53-2025, SEC.5.