Ind. Code § 35-48-4-10 : CRIMINAL LAW AND PROCEDURE — CONTROLLED SUBSTANCES — OFFENSES RELATING TO CONTROLLED SUBSTANCES —48-4-10 - Dealing in marijuana, hash oil, hashish, or salvia

(a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;

marijuana, hash oil, hashish, or salvia, pure or adulterated; or

(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;

marijuana, hash oil, hashish, or salvia, pure or adulterated;

commits dealing in marijuana, hash oil, hashish, or salvia, a Class A misdemeanor, except as provided in subsections (b) through (d).

(b) A person may be convicted of an offense under subsection (a)(2) only if:
(1) there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug; or
(2) the amount of the drug involved is at least:
(A) ten (10) pounds, if the drug is marijuana; or
(B) three hundred (300) grams, if the drug is hash oil, hashish, or salvia.
(c) The offense is a Level 6 felony if:
(1) the person has a prior conviction for a drug offense and the amount of the drug involved is:
(A) less than thirty (30) grams of marijuana; or
(B) less than five (5) grams of hash oil, hashish, or salvia; or
(2) the amount of the drug involved is:
(A) at least thirty (30) grams but less than ten (10) pounds of marijuana; or
(B) at least five (5) grams but less than three hundred (300) grams of hash oil, hashish, or salvia.
(d) The offense is a Level 5 felony if:
(1) the person has a prior conviction for a drug dealing offense and the amount of the drug involved is:
(A) at least thirty (30) grams but less than ten (10) pounds of marijuana; or
(B) at least five (5) grams but less than three hundred (300) grams of hash oil, hashish, or salvia;
(2) the:
(A) amount of the drug involved is:
(i) at least ten (10) pounds of marijuana; or
(ii) at least three hundred (300) grams of hash oil, hashish, or salvia; or
(B) offense involved a sale to a minor; or
(3) the:
(A) person is a retailer;
(B) marijuana, hash oil, hashish, or salvia is packaged in a manner that appears to be low THC hemp extract; and
(C) person knew or reasonably should have known that the product was marijuana, hash oil, hashish, or salvia.

IC 35-48-4-10

Amended by P.L. 153-2018,SEC. 25, eff. 3/21/2018.
Amended by P.L. 44-2016, SEC. 8, eff. 7/1/2016.
Amended by P.L. 168-2014, SEC. 100, eff. 7/1/2014.
Amended by P.L. 196-2013, SEC. 21, eff. 5/7/2013.
Amended by P.L. 78-2012, SEC. 14, eff. 3/15/2012.
Amended by P.L. 182-2011, SEC. 16, eff. 7/1/2011.
Amended by P.L. 138-2011, SEC. 16, eff. 7/1/2011.
As added by Acts1976 , P.L. 148, SEC.7. Amended by Acts1977 , P.L. 340, SEC.105; Acts1979 , P.L. 303, SEC.11; Acts1982 , P.L. 204, SEC.38; P.L. 296-1987, SEC.11; P.L. 165-1990, SEC.12; P.L. 296-1995, SEC.9; P.L. 65-1996, SEC.17; P.L. 17-2001, SEC.26.
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