Possession of Marijuana

- 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.