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Indiana statute

Ind. Code § 35-48-4-11 — Possession of marijuana, hash oil, hashish, or salvia

Current through 2026 Regular Session

Part of Chapter 4: Offenses Relating to Controlled Substances, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 35-48-4-11

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-48-4-11Primary source, current through the 2026 Regular Session
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.

Official sources

Legal terms used in this section

Questions this section answers

Is possession of marijuana, hash oil, hashish, or salvia a felony or a misdemeanor in Indiana?

It depends on the circumstances: possession of marijuana, hash oil, hashish, or salvia ranges from a Class B Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-48-4-11.

Base possession of marijuana, hash oil, hashish, or salvia: Class B Misdemeanor (Ind. Code § 35-48-4-11(a)) · Possession with prior drug conviction: Class A Misdemeanor (Ind. Code § 35-48-4-11(b)) · Possession packaged as low THC hemp extract: Class A Misdemeanor (Ind. Code § 35-48-4-11(b)) · Possession with prior conviction and larger quantity: Level 6 Felony (Ind. Code § 35-48-4-11(c))

Which Indiana statute covers possession of marijuana, hash oil, hashish, or salvia?

Possession of marijuana, hash oil, hashish, or salvia is governed by Ind. Code § 35-48-4-11 (Possession of marijuana, hash oil, hashish, or salvia).

This reference is informational and is not legal advice.