Drugs of Abuse - Marijuana

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 50 years 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 20 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

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.

Penalties for Possession and Dealing under Indiana Law

Possession of Marijuana (IC 35-46-4-11)

30 grams or less (Class A Misdemeanor Up to 1 yr / $5,000 fine)

30 grams or less and prior conviction (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

more than 30 grams (D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

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.

Possession of Hash Oil or Hashish (IC 35-46-4-11)

2 grams or less (A Misdemeanor Up to 1 yr / $5,000 fine)

2 grams or less and prior conviction (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

more than 2 grams (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

Penalties for all felonies may include a fine of up to $10,000. Penalties for a Class D Felony may include entry of judgment of conviction as a Class A Misdemeanor, in the discretion of the Judge.

Under IC 35-48-4-15, following a conviction for Possession or Dealing in Marijuana, the court shall in addition order the person's operator's license and motor vehicle registrations suspended at least six (6) months but not more than two (2) years.

Possession of Marijuana not only includes possession on the person, but may also include the "constructive possession" of marijuana 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 as a Class A Misdemeanor may have the proceedings deferred, and upon the fulfillment of conditions set by the court, all charges are dismissed without a judgment of conviction. ("conditional discharge")

Dealing in Marijuana (IC 35-48-4-10)

30 grams or less (A Misdemeanor Up to 1 yr / $5,000 fine)

30 grams or less and prior conviction (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

30 grams or less and recipient is less than 18 (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

30 grams or less and in a park, public housing complex, school bus, or within 1000' of school (Class C Felony 2 to 8 yrs, presumptive 4 yrs)

more than 30 grams (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

10 lbs or more (Class C Felony 2 to 8 yrs, presumptive 4 yrs)

Dealing in Hash Oil or Hashish (IC 35-48-4-10)

2 grams or less (Class A Misdemeanor Up to 1 yr / $5,000 fine)

2 grams or less and prior conviction (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

2 grams or less and recipient is less than 18 (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

2 grams or less and in a park, public housing complex, school bus, or within 1000' of school (Class C Felony 2 to 8 yrs, presumptive 4 yrs)

more than 2 grams (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

300 grams or more (Class C Felony 2 to 8 yrs, presumptive 4 yrs)

Penalties for all felonies may include a fine of up to $10,000. Penalties for a Class D Felony may include entry of judgment of conviction as a Class A Misdemeanor, in the discretion of the Judge.

Dealing in Marijuana includes manufacturing, financing the manufacturing, delivering, or financing the delivery of marijuana. Dealing also includes Possession with Intent to Deal. There is no requirement of a sale, mere transfer is sufficient.

Under IC 35-48-4-15, following a conviction for Possession or Dealing in Marijuana, Hash Oil, or Hashish, the court shall in addition order the person's operator's license and motor vehicle registrations suspended at least six (6) months but not more than two (2) years.