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 the person has a prior conviction for a drug offense.
(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.
(d) It is a defense to a prosecution under subsection (a)(1) based on the possession of a substance containing cannabidiol that:
(1) the person is a patient or caregiver registered under IC 16-42-28.6 for the use of a substance containing cannabidiol;
(2) the person reasonably believed that the substance possessed by the person was a substance containing cannabidiol; and
(3) the substance containing cannabidiol is packaged in a container labeled with the origin, volume, and concentration by weight of total THC, including its precursors and derivatives, and cannabidiol.
(e) It is a defense to a prosecution under this section based on the possession of a substance containing cannabidiol that:
(1) the substance containing cannabidiol has been approved by the federal Food and Drug Administration or the federal Drug Enforcement Agency as a prescription drug; and
(2) the substance was prescribed and dispensed in accordance with the federal approval described in subdivision (1).
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