Cannabis is an ancient hallucinogenic drug derived from the hemp plant. The plant is not indigenous to any particular area and may be found growing wild almost anywhere. The term "marijuana" commonly refers to the flowering tops and leaves of the plant Cannabis Sativa L, or to any part of the plant that induces psychic change. IC 35-48-1-19 defines marijuana as "all parts of the plant genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including Hashish and Hash Oil.

Despite almost a century of prohibition against marijuana in the United States, recent figures confirm that marijuana is ranked among corn, wheat, and soybeans as one of the four main cash crops grown in terms of dollar volume of sales.

The active psychoactive ingredient in marijuana is delta-9 THC tetrahydrocannabinol, which creates mild hallucinogenic effects and acts as a depressant to the central nervous system. Similarities have been noted between mild doses of marijuana and alcohol.

While all parts of the plant contain psychoactive substances, the highest THC concentrations are found in the flowering tops. The plant itself is a hardy weed growing to a height of 5-15 feet, sticky to the touch, with lance-shaped, serrated leaves, ordinarily green in color. The plant is easily cultivated and is most commonly cut, dried, chopped and smoked as cigarettes or "joints," or in a pipe.

The dried resinous extract from the flowering tops is called hashish or charas. Bhang refers to the dried tops of uncultivated female plants. The resinous mass from the smaller leaves is termed ganja. Marijuana ordinarily available in the Kentuckiana area has low (1%-2%) concentrations of THC and is sometimes found treated with PCP or other psychoactive ingredients to increase its potency. The general range of THC content in hashish is 10-20%.

While there is no evidence of consistent tolerance or physical dependence on the drug, there is evidence of strong psychological dependence. The subjective effects of the drug are dependent upon various factors, including the dosage, means of administration, the personality of the user and circumstances in which it is used. The degree of harmful long-term side effects of the drug is a source of debate among the scientific community.

Marijuana has become the most widely used controlled substance in the U.S. The ease of cultivation and its relative cheap price also makes it the most available. No more than 50 years ago, it was classified as a narcotic and mere possession punished similar to heroin. With scientific research more available and the dangerousness of the drug disputed, penalties have gradually decreased to the point of decriminalization in several states. The drug has few current accepted medical purposes.

Street Names: Pot, grass, weed, Mary Jane, dope, reefer, skunk, boom, gold, griff, loco weed, bud, smoke, rope.

Marijuana is commonly packaged for street sale in small amounts (1/4 oz.-1 oz.) in clear plastic sandwich bags, then rolled up and taped or tied. The street selling price for marijuana differs wildly depending upon the location of sale and the origin and quality of the marijuana.

See U.S. Department of Justice, Drug Enforcement Administration -
Drugs of Abuse | A DEA Resource Guide: 2020 EDITION.

Possession of Marijuana / Hashish ( IC 35-48-4-11) is a Class B Misdemeanor offense. It is a Class A Misdemeanor if the person has a prior conviction for a drug offense.

It is a Level 6 Felony if the person has a prior conviction for a drug offense, AND the amount of marijuana is at least 30 grams, or the amount of hashish is at least 5 grams.

The above penalties also apply to knowingly or intentionally cultivating or growing marijuana, and to failure to destroy marijuana plants knowing that they are growing on the premises.

A Class B Misdemeanor is punishable by up to 180 days incarceration and $1,000 fine.
A Class A Misdemeanor is punishable by up to 1 year incarceration and $5,000 fine.
A Level 6 Felony is punishable by 1/2 to 2 1/2 years incarceration and $10,000 fine.
(Penalties for a Class D Felony may alternatively include entry of judgment of conviction and sentencing as a Class A Misdemeanor, in the discretion of the Judge. The Judge may also suspend and probate all or part of any sentence.)

Possession of Marijuana / Hashish not only includes possession on the person, but may also include the "constructive possession" of Marijuana / Hashish found in any area over which dominion and control are exercised. For example, the driver of a car may be in constructive possession of marijuana found inside the glove compartment or trunk. The resident owner of a home may be in constructive possession of marijuana found in the kitchen or bedroom.

Under IC 35-48-4-12, a first-time offender who pleads guilty to Possession of Marijuana, Hash Oil, or Hashish may have the proceedings deferred, and upon the fulfillment of conditions set by the court, all charges are dismissed without entry of a Judgment of Conviction. ("Conditional Discharge")

Penalties for Dealing in Marijuana / Hashish under Indiana Law

Dealing in Marijuana / Hashish (IC 35-48-4-10) is a Class A Misdemeanor offense.

In order to constitute "Dealing" it must be proved that the Defendant knowingly or intentionally:
(1) manufactured, OR
(2) financed the manufacture, OR
(3) delivered; OR
(4) financed the delivery, OR
(5) possessed with intent to do any of the above,
marijuana, hash oil, hashish, or salvia.

"Delivery" does not require an exchange of money or property, but only requires a mere transfer.

To prove "intent" to do any of the above, there must be evidence in addition to the weight of the drug, unless the amount of the drug involved is at least 10 pounds of marijuana, or 300 grams of hash oil, hashish, or salvia.

It is a Level 6 Felony if the amount of the drug involved is at least 30 grams of marijuana or 5 grams of hashish. It is also a Level 6 Felony if the person has a prior conviction for a drug offense, AND the amount of marijuana is less than 30 grams, or the amount of hashish is less than 5 grams.

It is a Level 5 Felony if the amount of the drug involved is at least 10 pounds of marijuana or 300 grams of hashish. It is also a Level 5 Felony if the person has a prior conviction for a drug dealing offense, AND the amount of marijuana is at least 30 grams, or the amount of hashish is at least 5 grams. It is also a Level 5 Felony if the offense involved a sale to a minor. It is also a Level 5 Felony if the person is a retailer, and offers for sale "low THC hemp extract" when they reasonably should have known that the product was marijuana, hash oil, hashish, or salvia.

A Class A Misdemeanor is punishable by up to 1 year incarceration and $5,000 fine.
A Level 6 Felony is punishable by 1/2 to 2 1/2 years incarceration and $10,000 fine.
(Penalties for a Class D Felony may alternatively include entry of judgment of conviction and sentencing as a Class A Misdemeanor, in the discretion of the Judge.

A Level 5 Felony is punishable by 1 to 6 years incarceration and $10,000 fine.
The Judge may also suspend and probate all or part of any sentence.)