Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-10

Sec. 10 . (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;  or

(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.


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