2018 Indiana Code
TITLE 35. Criminal Law and Procedure
ARTICLE 48. CONTROLLED SUBSTANCES
CHAPTER 4. Offenses Relating to Controlled Substances
35-48-4-11. Possession of marijuana, hash oil, hashish, or salvia
Sec. 11. (a) A person who:
(1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia;
(2) knowingly or intentionally grows or cultivates marijuana; or
(3) knowing that marijuana is growing on the person's premises, fails to destroy the marijuana plants;
commits possession of marijuana, hash oil, hashish, or salvia, a Class B misdemeanor, except as provided in subsections (b) through (c).
(b) The offense described in subsection (a) is a Class A misdemeanor if:
(1) the person has a prior conviction for a drug offense; or
(2) the:
(A) marijuana, hash oil, hashish, or salvia is packaged in a manner that appears to be low THC hemp extract; and
(B) person knew or reasonably should have known that the product was marijuana, hash oil, hashish, or salvia.
(c) The offense described in subsection (a) is a Level 6 felony if:
(1) the person has a prior conviction for a drug offense; and
(2) the person possesses:
(A) at least thirty (30) grams of marijuana; or
(B) at least five (5) grams of hash oil, hashish, or salvia.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.106; Acts 1979, P.L.303, SEC.12; P.L.138-1983, SEC.5; P.L.138-2011, SEC.17; P.L.182-2011, SEC.17; P.L.6-2012, SEC.234; P.L.78-2012, SEC.15; P.L.196-2013, SEC.23; P.L.158-2013, SEC.638; P.L.168-2014, SEC.102; P.L.226-2014(ts), SEC.12; P.L.188-2017, SEC.13; P.L.153-2018, SEC.26.
