reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-2. Dealing in a Schedule I, Ii, or Iii Controlled Substance or Controlled Substance Analog

Sec. 2. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a controlled substance or controlled substance analog, pure or adulterated, classified in schedule I, except marijuana, hash oil, hashish, or salvia, or a controlled substance, or controlled substance analog, pure or adulterated, classified in schedule II or III; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
a controlled substance or controlled substance analog, pure or adulterated, classified in schedule I, except marijuana, hash oil, hashish, or salvia, or a controlled substance, or controlled substance analog, pure or adulterated, classified in schedule II or III;
commits dealing in a schedule I, II, or III controlled substance, a Level 6 felony, except as provided in subsections (b) through (f).
(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 twenty-eight (28) grams.
(c) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies.
(d) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies.
(e) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies.
(f) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least twenty-eight (28) grams; or
(2) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams and an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.97; Acts 1979, P.L.303, SEC.9; P.L.296-1987, SEC.6; P.L.165-1990, SEC.4; P.L.296-1995, SEC.4; P.L.65-1996, SEC.12; P.L.17-2001, SEC.20; P.L.138-2011, SEC.13; P.L.182-2011, SEC.13; P.L.158-2013, SEC.624; P.L.168-2014, SEC.93; P.L.226-2014(ts), SEC.8; P.L.44-2016, SEC.4; P.L.80-2019, SEC.23; P.L.61-2020, SEC.9.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-3. Dealing in a Schedule Iv Controlled Substance or Controlled Substance Analog

Sec. 3. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a controlled substance or controlled substance analog, pure or adulterated, classified in schedule IV; or
(2) possesses, with intent to manufacture or deliver, a controlled substance or controlled substance analog, pure or adulterated, classified in schedule IV;
commits dealing in a schedule IV controlled substance, a Class A misdemeanor, except as provided in subsections (b) through (f).
(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 or deliver the controlled substance or controlled substance analog; or
(2) the amount of the drug involved is at least twenty-eight (28) grams.
(c) The offense is a Level 6 felony if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies.
(d) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies.
(e) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies.
(f) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least twenty-eight (28) grams; or
(2) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams and an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.98; P.L.296-1987, SEC.7; P.L.165-1990, SEC.5; P.L.296-1995, SEC.5; P.L.65-1996, SEC.13; P.L.17-2001, SEC.21; P.L.158-2013, SEC.625; P.L.168-2014, SEC.94; P.L.226-2014(ts), SEC.9; P.L.44-2016, SEC.5; P.L.80-2019, SEC.24.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-4. Dealing in a Schedule v Controlled Substance or Controlled Substance Analog

Sec. 4. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a controlled substance or controlled substance analog, pure or adulterated, classified in schedule V; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
a controlled substance or controlled substance analog, pure or adulterated, classified in schedule V;
commits dealing in a schedule V controlled substance, a Class B misdemeanor, except as provided in subsections (b) through (f).
(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 twenty-eight (28) grams.
(c) The offense is a Class A misdemeanor if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies.
(d) The offense is a Level 6 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies.
(e) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies.
(f) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least twenty-eight (28) grams; or
(2) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams and an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.99; P.L.296-1987, SEC.8; P.L.165-1990, SEC.6; P.L.296-1995, SEC.6; P.L.65-1996, SEC.14; P.L.17-2001, SEC.22; P.L.158-2013, SEC.626; P.L.168-2014, SEC.95; P.L.226-2014(ts), SEC.10; P.L.44-2016, SEC.6; P.L.80-2019, SEC.25.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-4.1. Dumping Controlled Substance Waste

Sec. 4.1. (a) A person who dumps, discharges, discards, transports, or otherwise disposes of:
(1) chemicals, knowing the chemicals were used in the illegal manufacture of a controlled substance or an immediate precursor; or
(2) waste, knowing that the waste was produced from the illegal manufacture of a controlled substance or an immediate precursor;
commits dumping controlled substance waste, a Level 6 felony.
(b) It is not a defense in a prosecution under subsection (a) that the person did not manufacture the controlled substance or immediate precursor.
As added by P.L.17-2001, SEC.23. Amended by P.L.158-2013, SEC.627.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-4.5. Repealed

As added by Acts 1981, P.L.305, SEC.1. Amended by P.L.210-1986, SEC.1; P.L.165-1990, SEC.7; P.L.158-2013, SEC.628. Repealed by P.L.80-2019, SEC.26.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-5. Dealing in a Counterfeit Substance

Sec. 5. A person who:
(1) knowingly or intentionally:
(A) creates;
(B) delivers; or
(C) finances the delivery of;
a counterfeit substance; or
(2) possesses, with intent to:
(A) deliver; or
(B) finance the delivery of;
a counterfeit substance;
commits dealing in a counterfeit substance, a Level 6 felony. However, a person may be convicted of an offense under subdivision (2) only if there is evidence in addition to the weight of the counterfeit substance that the person intended to deliver or finance the delivery of the counterfeit substance.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.100; P.L.165-1990, SEC.9; P.L.158-2013, SEC.630; P.L.168-2014, SEC.97; P.L.85-2017, SEC.119.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-6. Possession of Cocaine or Narcotic Drug

Sec. 6. (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 cocaine (pure or adulterated) or a narcotic drug (pure or adulterated) classified in schedule I or II, commits possession of cocaine or a narcotic drug, a Level 6 felony, except as provided in subsections (b) through (d).
(b) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least five (5) but less than ten (10) grams; or
(2) the amount of the drug involved is less than five (5) grams and an enhancing circumstance applies.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) but less than ten (10) grams and an enhancing circumstance applies.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least twenty-eight (28) grams; or
(2) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams and an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.101; Acts 1979, P.L.303, SEC.10; P.L.138-1983, SEC.3; P.L.296-1987, SEC.9; P.L.296-1995, SEC.7; P.L.65-1996, SEC.15; P.L.188-1999, SEC.7; P.L.17-2001, SEC.24; P.L.151-2006, SEC.24; P.L.158-2013, SEC.631; P.L.168-2014, SEC.98.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-6.1. Possession of Methamphetamine

Sec. 6.1. (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 methamphetamine (pure or adulterated) commits possession of methamphetamine, a Level 6 felony, except as provided in subsections (b) through (d).
(b) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least five (5) but less than ten (10) grams; or
(2) the amount of the drug involved is less than five (5) grams and an enhancing circumstance applies.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) but less than ten (10) grams and an enhancing circumstance applies.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least twenty-eight (28) grams; or
(2) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams and an enhancing circumstance applies.
As added by P.L.151-2006, SEC.25. Amended by P.L.158-2013, SEC.632; P.L.168-2014, SEC.99; P.L.226-2014(ts), SEC.11.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-7. Possession of a Controlled Substance or Controlled Substance Analog; Obtaining a Schedule v Controlled Substance

Sec. 7. (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 or controlled substance analog (pure or adulterated), classified in schedule I, except marijuana, hashish, or salvia; or
(2) controlled substance or controlled substance analog (pure or adulterated), classified in schedule II, III, or IV;
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.
(c) 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 obtains:
(1) more than four (4) ounces of schedule V controlled substances containing codeine in any given forty-eight (48) hour period unless pursuant to a prescription;
(2) a schedule V controlled substance pursuant to written or verbal misrepresentation; or
(3) possession of a schedule V controlled substance other than by means of a prescription or by means of signing an exempt narcotic register maintained by a pharmacy licensed by the Indiana state board of pharmacy;
commits a Class A misdemeanor.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.102; P.L.138-1983, SEC.4; P.L.327-1985, SEC.4; P.L.296-1987, SEC.10; P.L.296-1995, SEC.8; P.L.65-1996, SEC.16; P.L.17-2001, SEC.25; P.L.138-2011, SEC.14; P.L.182-2011, SEC.14; P.L.158-2013, SEC.633; P.L.80-2019, SEC.28; P.L.61-2020, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-8. Repealed

As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.103. Repealed by Acts 1980, P.L.115, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-8.1. Manufacture of Paraphernalia

Sec. 8.1. (a) A person who manufactures, finances the manufacture of, or designs an instrument, a device, or other object that is intended to be used primarily for:
(1) introducing into the human body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits a Class A infraction for manufacturing paraphernalia.
(b) A person who:
(1) knowingly or intentionally violates this section; and
(2) has a previous judgment for violation of this section;
commits manufacture of paraphernalia, a Level 6 felony.
As added by Acts 1980, P.L.115, SEC.2. Amended by P.L.202-1989, SEC.3; P.L.165-1990, SEC.10; P.L.158-2013, SEC.634.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-8.2. Repealed

As added by Acts 1980, P.L.115, SEC.3. Amended by P.L.210-1986, SEC.3; P.L.202-1989, SEC.4; P.L.165-1990, SEC.11; P.L.166-1990, SEC.1. Repealed by P.L.1-1991, SEC.205.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-8.3. Possession of Paraphernalia

Sec. 8.3. (a) This section does not apply to a rolling paper.
(b) A person who knowingly or intentionally possesses an instrument, a device, or another object that the person intends to use for:
(1) introducing into the person's body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled substance; or
(3) enhancing the effect of a controlled substance;
commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated judgment or conviction under this section.
As added by Acts 1980, P.L.115, SEC.4. Amended by P.L.202-1989, SEC.5; P.L.166-1990, SEC.2; P.L.58-2003, SEC.1; P.L.158-2013, SEC.635; P.L.187-2015, SEC.49.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-8.5. Dealing in Paraphernalia

Sec. 8.5. (a) A person who keeps for sale, offers for sale, delivers, or finances the delivery of a raw material, an instrument, a device, or other object that is intended to be or that is designed or marketed to be used primarily for:
(1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;
(3) enhancing the effect of a controlled substance;
(4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance by individuals; or
(6) any purpose announced or described by the seller that is in violation of this chapter;
commits a Class A infraction for dealing in paraphernalia.
(b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated judgment or conviction under this section.
(c) This section does not apply to the following:
(1) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.
(2) Items marketed for or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.
(3) A qualified entity (as defined in IC 16-41-7.5-3) that provides a syringe or needle as part of a program under IC 16-41-7.5.
(4) Any entity or person that provides funding to a qualified entity (as defined in IC 16-41-7.5-3) to operate a program described in IC 16-41-7.5.
As added by P.L.1-1991, SEC.206. Amended by P.L.58-2003, SEC.2; P.L.138-2011, SEC.15; P.L.182-2011, SEC.15; P.L.78-2012, SEC.13; P.L.158-2013, SEC.636; P.L.208-2015, SEC.18; P.L.188-2017, SEC.12; P.L.153-2018, SEC.24.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-9. Repealed

As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.103. Repealed by Acts 1980, P.L.115, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-10. Dealing in Marijuana, Hash Oil, Hashish, or Salvia

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;
(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; or
(3) the:
(A) person is a retailer;
(B) marijuana, hash oil, hashish, or salvia is packaged in a manner that appears to be low THC hemp extract; and
(C) person knew or reasonably should have known that the product was marijuana, hash oil, hashish, or salvia.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.105; Acts 1979, P.L.303, SEC.11; Acts 1982, P.L.204, SEC.38; P.L.296-1987, SEC.11; P.L.165-1990, SEC.12; P.L.296-1995, SEC.9; P.L.65-1996, SEC.17; P.L.17-2001, SEC.26; P.L.138-2011, SEC.16; P.L.182-2011, SEC.16; P.L.78-2012, SEC.14; P.L.196-2013, SEC.21; P.L.158-2013, SEC.637; P.L.168-2014, SEC.100; P.L.44-2016, SEC.8; P.L.153-2018, SEC.25.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-10.1. Dealing in Smokable Hemp; Exception for Transit Through State

Sec. 10.1. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers;
(D) finances the delivery of; or
(E) possesses;
smokable hemp; or
(2) possesses smokable hemp with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
smokable hemp;
commits dealing in smokable hemp, a Class A misdemeanor.
(b) Subsection (a)(1)(B), (a)(1)(D), (a)(2)(B), and (a)(2)(D) do not apply to:
(1) a financial institution organized or reorganized under the laws of Indiana, any other state, or the United States; or
(2) any agency or instrumentality of the state or the United States.
(c) Subsection (a)(1)(C), (a)(1)(D), (a)(1)(E), (a)(2)(C), and (a)(2)(D) do not apply to the shipment of smokable hemp from a licensed producer in another state in continuous transit through Indiana to a licensed handler in any state.
As added by P.L.190-2019, SEC.31. Amended by P.L.142-2020, SEC.81.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-10.5. Repealed

As added by P.L.196-2013, SEC.22. Amended by P.L.168-2014, SEC.101. Repealed by P.L.80-2019, SEC.29.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-11. Possession of Marijuana, Hash Oil, Hashish, or Salvia

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.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.106; Acts 1979, P.L.303, SEC.12; P.L.138-1983, SEC.5; P.L.138-2011, SEC.17; P.L.182-2011, SEC.17; P.L.6-2012, SEC.234; P.L.78-2012, SEC.15; P.L.196-2013, SEC.23; P.L.158-2013, SEC.638; P.L.168-2014, SEC.102; P.L.226-2014(ts), SEC.12; P.L.188-2017, SEC.13; P.L.153-2018, SEC.26.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-11.5. Repealed

As added by P.L.196-2013, SEC.24. Amended by P.L.185-2013, SEC.7; P.L.168-2014, SEC.103. Repealed by P.L.80-2019, SEC.30.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-12. Conditional Discharge for Possession as First Offense

Sec. 12. If a person who has no prior conviction of an offense under this article relating to controlled substances pleads guilty to possession of marijuana, hashish, salvia, or smokable hemp as a misdemeanor, the court, without entering a judgment of conviction and with the consent of the person, may defer further proceedings and place the person in the custody of the court under conditions determined by the court. Upon violation of a condition of the custody, the court may enter a judgment of conviction. However, if the person fulfills the conditions of the custody, the court shall dismiss the charges against the person. There may be only one (1) dismissal under this section with respect to a person.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.107; P.L.138-2011, SEC.18; P.L.182-2011, SEC.18; P.L.78-2012, SEC.16; P.L.196-2013, SEC.25; P.L.158-2013, SEC.639; P.L.168-2014, SEC.104; P.L.80-2019, SEC.31; P.L.190-2019, SEC.32; P.L.142-2020, SEC.82; P.L.156-2020, SEC.134.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-12.5. Priority Enrollment in Certain Treatment Programs; Exceptions

Sec. 12.5. (a) This section applies to a person:
(1) charged with or convicted of a violation of section 6 of this chapter based on the possession of a narcotic drug classified in schedule I or II; and
(2) who was administered an overdose intervention drug (as defined in IC 16-18-2-263.9) for an acute opioid overdose.
(b) Except as provided in subsection (c), a person to whom this section applies is entitled to be enrolled on a priority basis in:
(1) a forensic diversion program (as described in IC 11-12-3.7) providing a treatment plan for a person with an addictive disorder;
(2) a pretrial diversion program offered by the prosecuting attorney that mandates treatment for addictive disorders; or
(3) another county program, including a drug court program, that provides treatment for persons suffering from addictive disorders who have been charged with or convicted of a drug offense.
(c) A person to whom this section applies is not entitled to enrollment in a program described in subsection (b) if:
(1) an appropriate program is not available in the county;
(2) the person is not eligible for an appropriate program; or
(3) placement in a program is not appropriate due to the person's criminal history.
As added by P.L.125-2017, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-13. Repealed

As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.108; P.L.210-1986, SEC.4; P.L.165-1990, SEC.13; P.L.1-1991, SEC.207; P.L.31-1998, SEC.11; P.L.17-2001, SEC.27; P.L.158-2013, SEC.640. Repealed by P.L.59-2016, SEC.8.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-13.3. Repealed

As added by P.L.225-2003, SEC.4. Amended by P.L.158-2013, SEC.641. Repealed by P.L.59-2016, SEC.9.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-14.3. Extraction Resistant or Conversion Resistant Ephedrine or Pseudoephedrine

Sec. 14.3. (a) The board shall adopt:
(1) a rule under IC 4-22-2; or
(2) an emergency rule in the manner provided under IC 4-22-2-37.1;
to declare that a product is an extraction resistant or a conversion resistant form of ephedrine or pseudoephedrine.
(b) The board, in consultation with the state police, shall find that a product is an extraction resistant or a conversion resistant form of ephedrine or pseudoephedrine if the board determines that the product does not pose a significant risk of being used in the manufacture of methamphetamine. In making its determination under this subsection, the board may receive information from the federal Drug Enforcement Administration (DEA) as to whether a product is extraction resistant or conversion resistant.
As added by P.L.4-2016, SEC.3. Amended by P.L.5-2016, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-15. Repealed

As added by P.L.67-1990, SEC.13. Amended by P.L.107-1991, SEC.3; P.L.129-1993, SEC.2; P.L.64-1994, SEC.6; P.L.76-2004, SEC.23; P.L.125-2012, SEC.415; P.L.217-2014, SEC.194; P.L.252-2017, SEC.26. Repealed by P.L.110-2020, SEC.13.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-16. Defenses to Charge of Selling Narcotics Near School or Park

Sec. 16. (a) For an offense under this chapter that requires proof of:
(1) delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance;
(2) financing the delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance; or
(3) possession of cocaine, a narcotic drug, methamphetamine, or a controlled substance;
within five hundred (500) feet of school property or a public park while a person less than eighteen (18) years of age was reasonably expected to be present, the person charged may assert the defense in subsection (b) or (c).
(b) It is a defense for a person charged under this chapter with an offense that contains an element listed in subsection (a) that:
(1) a person was briefly in, on, or within five hundred (500) feet of school property or a public park while a person less than eighteen (18) years of age was reasonably expected to be present; and
(2) no person under eighteen (18) years of age at least three (3) years junior to the person was in, on, or within five hundred (500) feet of the school property or public park at the time of the offense.
(c) It is a defense for a person charged under this chapter with an offense that contains an element listed in subsection (a) that a person was in, on, or within five hundred (500) feet of school property or a public park:
(1) at the request or suggestion of a law enforcement officer or an agent of a law enforcement officer; and
(2) while a person less than eighteen (18) years of age was reasonably expected to be present.
(d) The defense under this section applies only to the element of the offense that requires proof that the delivery, financing of the delivery, or possession of cocaine, a narcotic drug, methamphetamine, or a controlled substance occurred in, on, or within five hundred (500) feet of school property or a public park while a person less than eighteen (18) years of age was reasonably expected to be present.
As added by P.L.17-2001, SEC.29. Amended by P.L.158-2013, SEC.644.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-17. Restitution for Environmental Cleanup

Sec. 17. (a) In addition to any other penalty imposed for conviction of an offense under this chapter involving the manufacture or intent to manufacture methamphetamine, a court shall order restitution under IC 35-50-5-3 to cover the costs, if necessary, of an environmental cleanup incurred by a law enforcement agency or other person as a result of the offense.
(b) The amount collected under subsection (a) shall be used to reimburse the law enforcement agency that assumed the costs associated with the environmental cleanup described in subsection (a).
As added by P.L.225-2003, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 1. Definitions › 35-49-1-3. "Matter"

Sec. 3. "Matter" means:
(1) any book, magazine, newspaper, or other printed or written material;
(2) any picture, drawing, photograph, motion picture, digitized image, or other pictorial representation;
(3) any statue or other figure;
(4) any recording, transcription, or mechanical, chemical, or electrical reproduction; or
(5) any other articles, equipment, machines, or materials.
As added by P.L.311-1983, SEC.33. Amended by P.L.3-2002, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 1. Definitions › 35-49-1-5. "Nudity"

Sec. 5. "Nudity" means:
(1) the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering;
(2) the showing of the female breast with less than a fully opaque covering of any part of the nipple; or
(3) the depiction of covered male genitals in a discernibly turgid state.
As added by P.L.311-1983, SEC.33.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 1. Definitions › 35-49-1-7. "Performance"

Sec. 7. "Performance" means any play, motion picture, dance, or other exhibition or presentation, whether pictured, animated, or live, performed before an audience of one (1) or more persons.
As added by P.L.311-1983, SEC.33.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 1. Definitions › 35-49-1-8. "Sado-Masochistic Abuse"

Sec. 8. "Sado-masochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
As added by P.L.311-1983, SEC.33.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 1. Definitions › 35-49-1-9. "Sexual Conduct"

Sec. 9. "Sexual conduct" means:
(1) sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5);
(2) exhibition of the uncovered genitals in the context of masturbation or other sexual activity;
(3) exhibition of the uncovered genitals of a person under sixteen (16) years of age;
(4) sado-masochistic abuse; or
(5) sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with an animal.
As added by P.L.311-1983, SEC.33. Amended by P.L.158-2013, SEC.645.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 1. Definitions › 35-49-1-10. "Sexual Excitement"

Sec. 10. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
As added by P.L.311-1983, SEC.33.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 2. General Provisions › 35-49-2-1. Obscene Matter or Performance

Sec. 1. A matter or performance is obscene for purposes of this article if:
(1) the average person, applying contemporary community standards, finds that the dominant theme of the matter or performance, taken as a whole, appeals to the prurient interest in sex;
(2) the matter or performance depicts or describes, in a patently offensive way, sexual conduct; and
(3) the matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.
As added by P.L.311-1983, SEC.33.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 2. General Provisions › 35-49-2-2. Matter or Performance Harmful to Minors

Sec. 2. A matter or performance is harmful to minors for purposes of this article if:
(1) it describes or represents, in any form, nudity, sexual conduct, sexual excitement, or sado-masochistic abuse;
(2) considered as a whole, it appeals to the prurient interest in sex of minors;
(3) it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors; and
(4) considered as a whole, it lacks serious literary, artistic, political, or scientific value for minors.
As added by P.L.311-1983, SEC.33.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 2. General Provisions › 35-49-2-3. Arrest; Search; Seizure of Matter; Motion Pictures

Sec. 3. (a) Whenever a person:
(1) offers matter for distribution to the public as stock-in-trade of a lawful business or activity; or
(2) exhibits matter at a commercial theater showing regularly scheduled performances to the general public;
the person may be arrested under this article only if the arresting officer has first obtained an arrest warrant, and matter may be seized as evidence only if a search warrant has first been obtained.
(b) The quantity of matter seized may encompass no more than is reasonable and necessary for the purpose of obtaining evidence.
(c) If:
(1) the subject of a seizure under this chapter is a motion picture that is allegedly harmful to minors; and
(2) the defendant or owner of the motion picture proves that other copies of the motion picture are not available for exhibition;
the court shall order that the defendant or owner may, at his own expense, copy the motion picture and continue showing the motion picture to adults pending a preliminary determination under section 4(b) of this chapter.
As added by P.L.311-1983, SEC.33.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 2. General Provisions › 35-49-2-4. Adversary Hearing; Application; Preliminary Determination

Sec. 4. (a) Within ten (10) days after:
(1) matter is obtained by seizure or by purchase under this article; or
(2) the defendant is arrested under this article;
whichever is later, and before trial, the state, the defendant, an owner, or any other party in interest of any matter seized or purchased may apply for and obtain a prompt adversary hearing for the purpose described in subsection (b).
(b) At the adversary hearing, the court shall make a preliminary determination of whether the matter is:
(1) probably obscene; or
(2) probably harmful to minors.
As added by P.L.311-1983, SEC.33.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 3. Crimes › 35-49-3-1. Sale, Distribution, or Exhibition of Obscene Matter

Sec. 1. A person who knowingly or intentionally:
(1) sends or brings into Indiana obscene matter for sale or distribution; or
(2) offers to distribute, distributes, or exhibits to another person obscene matter;
commits a Class A misdemeanor. However, the offense is a Level 6 felony if the obscene matter depicts or describes sexual conduct involving any person who is or appears to be under eighteen (18) years of age.
As added by P.L.311-1983, SEC.33. Amended by P.L.214-2013, SEC.41; P.L.158-2013, SEC.646; P.L.168-2014, SEC.106.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 3. Crimes › 35-49-3-2. Obscene Performance

Sec. 2. A person who knowingly or intentionally engages in, participates in, manages, produces, sponsors, presents, exhibits, photographs, films, or videotapes any obscene performance commits a Class A misdemeanor. However, the offense is a Level 6 felony if the obscene performance depicts or describes sexual conduct involving any person who is or appears to be under eighteen (18) years of age.
As added by P.L.311-1983, SEC.33. Amended by P.L.214-2013, SEC.42; P.L.158-2013, SEC.647; P.L.168-2014, SEC.107.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 3. Crimes › 35-49-3-3. Dissemination of Matter or Conducting Performance Harmful to Minors

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 3. (a) Except as provided in subsection (b), a person who knowingly or intentionally:
(1) disseminates matter to minors that is harmful to minors;
(2) displays matter that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;
(3) sells, rents, or displays for sale or rent to any person matter that is harmful to minors within five hundred (500) feet of the nearest property line of a school or church;
(4) engages in or conducts a performance before minors that is harmful to minors;
(5) engages in or conducts a performance that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;
(6) misrepresents the minor's age for the purpose of obtaining admission to an area from which minors are restricted because of the display of matter or a performance that is harmful to minors; or
(7) misrepresents that the person is a parent or guardian of a minor for the purpose of obtaining admission of the minor to an area where minors are being restricted because of display of matter or performance that is harmful to minors;
commits a Level 6 felony.
(b) This section does not apply if a person disseminates, displays, or makes available the matter described in subsection (a) through the Internet, computer electronic transfer, or a computer network unless:
(1) the matter is obscene under IC 35-49-2-1;
(2) the matter is child pornography under IC 35-42-4-4; or
(3) the person distributes the matter to a child less than eighteen (18) years of age believing or intending that the recipient is a child less than eighteen (18) years of age.
As added by P.L.311-1983, SEC.33. Amended by P.L.59-1995, SEC.4; P.L.3-2002, SEC.4; P.L.140-2006, SEC.35; P.L.158-2013, SEC.648.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 49. Obscenity and Pornography › Chapter 3. Crimes › 35-49-3-3-b. Dissemination of Matter or Conducting Performance Harmful to Minors

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 3. (a) Except as provided in subsection (b) and section 4 of this chapter, a person who knowingly or intentionally:
(1) disseminates matter to minors that is harmful to minors (as described in IC 35-49-2);
(2) displays matter that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;
(3) sells, rents, or displays for sale or rent to any person matter that is harmful to minors within five hundred (500) feet of the nearest property line of a school or church;
(4) engages in or conducts a performance before minors that is harmful to minors;
(5) engages in or conducts a performance that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;
(6) misrepresents the minor's age for the purpose of obtaining admission to an area from which minors are restricted because of the display of matter or a performance that is harmful to minors; or
(7) misrepresents that the person is a parent or guardian of a minor for the purpose of obtaining admission of the minor to an area where minors are being restricted because of display of matter or performance that is harmful to minors;
commits a Level 6 felony.
(b) This section does not apply if a person disseminates, displays, or makes available the matter described in subsection (a) through the Internet, computer electronic transfer, or a computer network unless:
(1) the matter is obscene under IC 35-49-2-1;
(2) the matter is child pornography under IC 35-42-4-4; or
(3) the person distributes the matter to a child less than eighteen (18) years of age believing or intending that the recipient is a child less than eighteen (18) years of age.
As added by P.L.311-1983, SEC.33. Amended by P.L.59-1995, SEC.4; P.L.3-2002, SEC.4; P.L.140-2006, SEC.35; P.L.158-2013, SEC.648; P.L.234-2023, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 1. General Provisions › 35-50-1-1. Authority to Sentence

Sec. 1. The court shall fix the penalty of and sentence a person convicted of an offense.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.110.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 1. General Provisions › 35-50-1-3. Repealed

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.112; Acts 1979, P.L.304, SEC.1. Repealed by P.L.305-1987, SEC.38.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 1. General Provisions › 35-50-1-5. Postconviction Remedy; Imposition of Penalty More Severe Than Originally Imposed; Credit for Time Served

Sec. 5. If:
(1) prosecution is initiated against a petitioner who has successfully sought relief under any proceeding for postconviction remedy and a conviction is subsequently obtained; or
(2) a sentence has been set aside under a postconviction remedy and the successful petitioner is to be resentenced;
the sentencing court may impose a more severe penalty than that originally imposed. However, the petitioner shall receive credit time accrued or earned while serving the previous sentence.
As added by P.L.179-1984, SEC.3. Amended by P.L.74-2015, SEC.27.