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Overview of Indianas Marijuana Laws Steve Dillon July 25, 2011

I. POSSESSION OF MARIJUANA A. Definition: IC 35-48-1-19 B. Classification: IC 35-48-2-4 C. Penalties: IC 35-48-4-11 1. 1st offense (a) possession greater than 30 grams marijuana (A/M) 0 1 year plus/or $5000 fine (or greater than 2 grams hashish or hash oil) (b) or conditional discharge IC 35-48-4-12 (c) possession greater than 30 grams of marijuana or 2 grams hashish or hash oil (D/F) 1/2 3 years plus/or $10,000 fine 2. 2nd offense (a) possession of marijuana or hashish (D/F) 1/2 3 years plus/or $10,000 fine II. DEALING MARIJUANA A. Definition Delivery: IC 35-48-1-11 B. Classification: IC 35-48-2-4 C. Penalties: IC 35-48-4-10 1. Dealing marijuana or hashish or hash oil A/M 0 1 year plus/or $5000 fine 2. Dealing marijuana more than 30 grams or more than 2 grams hashish or hash oil but less than 10 pounds marijuana or 300 grams hashish or hash oil (D/F) 1/2 3 years plus/or $10,000 fine 3. Dealing marijuana 10 pounds or more, or more than 300 grams hashish or hash oil or delivery of any amount (a) on a school bus; or (b) within 1000 feet of school property; a public park; a family housing complex; or a youth program center. III. MANDATORY DRIVERS LICENSE SUSPENSION A. Definition: IC 35-48-4-15 A person convicted of possession of marijuana, hashish oil, or dealing, or conspiracy and if Court finds that a motor vehicle was used in the commission of the offense, shall have his operators license, existing motor vehicle registrations, and ability to register a motor vehicle suspended for a period of at least 6 months 2 years. (See also IC 9-30-4-6(b))

2 IV. RELATED MARIJUANA LAWS A. Common Nuisance 1. Definition: IC 35-48-4-13 2. Visiting a Common Nuisance: IC 35-48-4-13(a): person visits a building, structure, vehicle, or other place to use a controlled substance B/M 0-6 months plus/or $1,000 fine 3. Maintaining a Common Nuisance: IC 35-48-4-13(b): person maintains building, structure, vehicle, or other place to use or manufacture, or keep , or sells a controlled substance, or drug paraphernalia D/F year 3 years plus/or $10,000 fine B. Paraphernalia 1. Definition: IC 35-48-4-8.1 2. Manufacture: IC 35-48-4-8.1(a) 1st offense A/Infraction up to $500 fine 2nd offense D/F year 3 years plus/or $10,000 fine 3. Possession of paraphernalia: IC 35-48-4-8.3 1st offense A/Infraction up to $500 fine 1st offense (knowing or intentional) A/M 0-1year plus/or $5,000 fine 2nd offense D/F year 3 years plus/or $10,000 fine 4. Dealing in Paraphernalia: IC 35-48-4-8.5 1st offense A/Infraction up to $500 fine 1st offense (knowing or intentional) A/M 0-1 year plus/or $5,000 fine 2nd offense D/F - 3years plus/or $10,000 fine (a) Reckless Dealing: IC 35-48-4-8.5(c) 1st offense B/M 0 6 months plus/or $1,000 fine 2nd offense D/F year- 3 years plus/or $10,000 fine C. OWI with controlled substance (Sched. I) or Metabolites in Persons Body 1. Definition: IC 9-30-5-1(c) 2. 1st offense C/M 0-60 days plus/or $500 fine 2nd offense D/F -3 years plus/or $10,000 fine Mandatory drivers license suspension 90 days 2 years 3. OWI causing death: IC 9-30-5-5(a)(2) with controlled substance or metabolites in persons blood C/F 2 8 years plus/or $10,000 fine (a) if person at least 21 years old B/F 6 20 years plus/or $10,000 fine IC 930-5-5(b) D. Civil Forfeiture 1. Definition: IC 34-24-1-1 2. Person can forfeit his personal or real property which is: a. traceable as proceeds from dealing marijuana, hashish, hash oil b. used to facilitate the violation of a criminal statute, or c. purchased with proceeds traceable from the violation of a criminal statute. E. Habitual Controlled Substance Offender (Enhancement) 1. Definition: IC 35-50-2-10 2. Penalties: Court shall sentence person found to be an Habitual Substance Offender to an additional fixed term of at least 3 years, but not more than 10 years.