Court of Appeals of Indiana | Opinion 19A-CR-2951 | March 25, 2020 Page 1 of 3

ATTORNEY FOR APPELLANT

Jon A. Keyes

Allen Wellman McNew Harvey, LLP

Greenfield, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Ellen H. Meilaender

Supervising Deputy Attorney 

General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Jermaine T. Dearman,

Appellant-Defendant,

v. 

State of Indiana, 

Appellee-Plaintiff. 

March 25, 2020 

Court of Appeals Case No.

19A-CR-2951 

Appeal from the Hancock Superior

Court

The Honorable Dan E. Marshall, 

Judge

Trial Court Cause No. 

30D02-1906-F6-1149 

Najam, Judge. 

Statement of the Case

[1] Jermaine Dearman appeals his conviction for possession of a controlled

substance, as a Level 6 felony, following a bench trial. Dearman presents a
Court of Appeals of Indiana | Opinion 19A-CR-2951 | March 25, 2020 Page 2 of 3

single issue for our review, namely, whether the State presented sufficient 

evidence to support his conviction. We reverse.

Facts and Procedural History

[2] On June 10, 2019, the State charged Dearman with possession of a controlled 

substance, as a Level 6 felony (“Count I”), and possession of marijuana, as a 

Class A misdemeanor (“Count II”). The information for Count I alleged that 

Dearman violated Indiana Code Section 35-48-4-7(a) (2019) when he possessed 

“Tetrahydrocannabinols [‘THC’] (pure or adulterated) listed in Schedule I” 

while in the possession of a handgun. Appellant’s App. Vol. 2 at 13. Dearman 

pleaded guilty to Count II.

[3] At a bench trial on Count I, the parties stipulated to the facts, including that 

Dearman possessed vape cartridges containing hash oil. In his opening 

statement, defense counsel argued that Dearman could not be convicted as 

charged because Indiana Code Section 35-48-4-7(a) “specifically excludes

marijuana,” which is defined in relevant part as hash oil. Tr. at 14. The trial

court took the matter under advisement and found Dearman guilty as charged 

and entered judgment of conviction for Count I. This appeal ensued.

Discussion and Decision

[4] Dearman contends, and the State agrees, that his conviction on Count I must be 

vacated. At trial on Count I, the parties stipulated that Dearman possessed

“vape cartridges containing THC hash oil.” Agreed Stipulation of Facts at 1. 
Court of Appeals of Indiana | Opinion 19A-CR-2951 | March 25, 2020 Page 3 of 3

Again, Dearman was charged and convicted under Indiana Code Section 35-

48-4-7, which provides in relevant part that 

(a) A person who, without a valid prescription or order of a 

practitioner acting in the course of the practitioner’s professional 

practice, knowingly or intentionally possesses a:

(1) controlled substance (pure or adulterated); or

(2) controlled substance analog (pure or adulterated);

classified in schedule I, II, III, or IV, except marijuana, hashish, or 

salvia, commits possession of a controlled substance, a Class A 

misdemeanor, except as provided in subsection (b).

(b) The offense is a Level 6 felony if the person commits the 

offense and an enhancing circumstance applies.

(Emphasis added). As the parties acknowledge on appeal, “marijuana” is 

defined in relevant part as “including hashish and hash oil.” I.C. § 35-48-1-

19(a). Thus, a defendant’s possession of hash oil is not a violation of Indiana 

Code Section 35-48-4-7.

[5] We hold that, because the undisputed evidence shows that Dearman possessed 

hash oil, his conviction for possession of a controlled substance, as a Level 6 

felony, must be vacated.

[6] Reversed.

Kirsch, J., and Brown, J., concur.