Section 35-48-4-11 - Possession of marijuana, hash oil, hashish, or salvia(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.Amended by P.L. 153-2018,SEC. 26, eff. 3/21/2018.Amended by P.L. 188-2017,SEC. 13, eff. 7/1/2017.Amended by P.L. 226-2014, SEC. 12, eff. 7/1/2014.Amended by P.L. 168-2014, SEC. 102, eff. 7/1/2014.Amended by P.L. 196-2013, SEC. 23, eff. 5/7/2013.Amended by P.L. 78-2012, SEC. 15, eff. 3/15/2012.Amended by P.L. 6-2012, SEC. 234, eff. 2/22/2012.Amended by P.L. 182-2011, SEC. 17, eff. 7/1/2011.Amended by P.L. 138-2011, SEC. 17, eff. 7/1/2011.As added by Acts1976 , P.L. 148, SEC.7. Amended by Acts1977 , P.L. 340, SEC.106; Acts1979 , P.L. 303, SEC.12; P.L. 138-1983, SEC.5.