Indiana criminal charge
Possession of marijuana, hash oil, hashish, or salvia in Indiana
Possession of marijuana, hash oil, hashish, or salvia is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-11. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-48-4-11.
What is the penalty for possession of marijuana, hash oil, hashish, or salvia in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Base possession of marijuana, hash oil, hashish, or salvia — A person knowingly or intentionally possesses, grows/cultivates marijuana, or fails to destroy marijuana plants growing on their premises, with no aggravating factors under subsections (b) or (c).) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Base possession of marijuana, hash oil, hashish, or salvia — A person knowingly or intentionally possesses, grows/cultivates marijuana, or fails to destroy marijuana plants growing on their premises, with no aggravating factors under subsections (b) or (c).) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up to 1 year (Possession with prior drug conviction — The person committing the offense described in subsection (a) has a prior conviction for a drug offense.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Possession with prior drug conviction — The person committing the offense described in subsection (a) has a prior conviction for a drug offense.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | up to 1 year (Possession packaged as low THC hemp extract — The marijuana, hash oil, hashish, or salvia is packaged to appear as low THC hemp extract and the person knew or reasonably should have known it was actually marijuana, hash oil, hashish, or salvia.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Possession packaged as low THC hemp extract — The marijuana, hash oil, hashish, or salvia is packaged to appear as low THC hemp extract and the person knew or reasonably should have known it was actually marijuana, hash oil, hashish, or salvia.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Possession with prior conviction and larger quantity — The person has a prior conviction for a drug offense and possesses at least thirty (30) grams of marijuana or at least five (5) grams of hash oil, hashish, or salvia.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Possession with prior conviction and larger quantity — The person has a prior conviction for a drug offense and possesses at least thirty (30) grams of marijuana or at least five (5) grams of hash oil, hashish, or salvia.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is possession of marijuana, hash oil, hashish, or salvia classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base possession of marijuana, hash oil, hashish, or salvia | Class B Misdemeanor | A person knowingly or intentionally possesses, grows/cultivates marijuana, or fails to destroy marijuana plants growing on their premises, with no aggravating factors under subsections (b) or (c). | Ind. Code § 35-48-4-11(a) |
| Possession with prior drug conviction | Class A Misdemeanor | The person committing the offense described in subsection (a) has a prior conviction for a drug offense. | Ind. Code § 35-48-4-11(b) |
| Possession packaged as low THC hemp extract | Class A Misdemeanor | The marijuana, hash oil, hashish, or salvia is packaged to appear as low THC hemp extract and the person knew or reasonably should have known it was actually marijuana, hash oil, hashish, or salvia. | Ind. Code § 35-48-4-11(b) |
| Possession with prior conviction and larger quantity | Level 6 Felony | The person has a prior conviction for a drug offense and possesses at least thirty (30) grams of marijuana or at least five (5) grams of hash oil, hashish, or salvia. | Ind. Code § 35-48-4-11(c) |
Common questions about possession of marijuana, hash oil, hashish, or salvia in Indiana
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))
What are the penalties for possession of marijuana, hash oil, hashish, or salvia in Indiana?
Penalties for possession of marijuana, hash oil, hashish, or salvia in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-3, Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
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).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.