§ 220.55 Criminally using drug paraphernalia in the first degree.
  A  person  is  guilty of criminally using drug paraphernalia in the first
degree when he commits the crime of criminally using drug paraphernalia  in
the  second degree and he has previously been convicted of criminally using
drug paraphernalia in the second degree.
  Criminally  using  drug  paraphernalia  in  the first degree is a class D
felony.