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IN HB1365
Bill
Status
1/14/2015
Primary Sponsor
Gregory Steuerwald
Click for details
AI Summary
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Amends IC 35-48-4-10 to establish possession thresholds for marijuana and controlled substances that create a presumption of intent to deliver based solely on drug amount.
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Possession of at least 5 pounds of marijuana or 150 grams of hash oil, hashish, or salvia allows conviction for possession with intent to deliver without additional evidence of intent beyond the weight.
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For amounts below these thresholds, conviction under possession with intent to deliver requires evidence in addition to the drug's weight showing intent to manufacture, finance manufacture, deliver, or finance delivery.
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Establishes tiered felony penalties: Level 6 felony for smaller amounts (less than 30 grams marijuana or less than 5 grams hash oil/hashish/salvia, or with prior drug conviction); Level 5 felony for larger amounts (at least 10 pounds marijuana or 300 grams hash oil/hashish/salvia) or sales to minors.
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Effective date: July 1, 2015.
Legislative Description
Marijuana penalties. Provides that a person who possesses at least five pounds of marijuana, or at least 150 grams of hash oil, hashish, or salvia, may be convicted of possession with intent to deliver even if the only evidence of intent is the amount of the drug involved.
Last Action
First Reading: referred to Committee on Courts and Criminal Code
1/14/2015