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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | HOUSE BILL No. 1349 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF INTRODUCED BILL |
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| 6 | 6 | | Citations Affected: IC 35-48-4-11. |
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| 7 | 7 | | Synopsis: Decriminalization of marijuana. Decriminalizes possession |
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| 8 | 8 | | of two ounces or less of marijuana. |
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| 9 | 9 | | Effective: July 1, 2024. |
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| 10 | 10 | | VanNatter, Bartels, Teshka |
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| 11 | 11 | | January 10, 2024, read first time and referred to Committee on Committee on Joint Rules. |
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| 12 | 12 | | 2024 IN 1349—LS 6406/DI 106 Introduced |
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| 13 | 13 | | Second Regular Session of the 123rd General Assembly (2024) |
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| 14 | 14 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 15 | 15 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 16 | 16 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 17 | 17 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 18 | 18 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 19 | 19 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 20 | 20 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 21 | 21 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 22 | 22 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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| 23 | 23 | | HOUSE BILL No. 1349 |
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| 24 | 24 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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| 25 | 25 | | criminal law and procedure. |
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| 26 | 26 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 27 | 27 | | 1 SECTION 1. IC 35-48-4-11, AS AMENDED BY P.L.153-2018, |
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| 28 | 28 | | 2 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 29 | 29 | | 3 JULY 1, 2024]: Sec. 11. (a) A person who: |
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| 30 | 30 | | 4 (1) knowingly or intentionally possesses (pure or adulterated): |
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| 31 | 31 | | 5 (A) more than two (2) ounces of marijuana; |
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| 32 | 32 | | 6 (B) hash oil; |
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| 33 | 33 | | 7 (C) hashish; or |
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| 34 | 34 | | 8 (D) salvia; |
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| 35 | 35 | | 9 (2) knowingly or intentionally grows or cultivates more than two |
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| 36 | 36 | | 10 (2) ounces of marijuana; or |
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| 37 | 37 | | 11 (3) knowing that more than two (2) ounces of marijuana is are |
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| 38 | 38 | | 12 growing on the person's premises, fails to destroy the marijuana |
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| 39 | 39 | | 13 plants; |
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| 40 | 40 | | 14 commits possession of marijuana, hash oil, hashish, or salvia, a Class |
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| 41 | 41 | | 15 B misdemeanor, except as provided in subsections (b) through (c). |
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| 42 | 42 | | 16 (b) The offense described in subsection (a) is a Class A |
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| 43 | 43 | | 17 misdemeanor if: |
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| 44 | 44 | | 2024 IN 1349—LS 6406/DI 106 2 |
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| 45 | 45 | | 1 (1) the person has a prior conviction for a drug offense; or |
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| 46 | 46 | | 2 (2) the: |
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| 47 | 47 | | 3 (A) marijuana, hash oil, hashish, or salvia is packaged in a |
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| 48 | 48 | | 4 manner that appears to be low THC hemp extract; and |
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| 49 | 49 | | 5 (B) person knew or reasonably should have known that the |
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| 50 | 50 | | 6 product was marijuana, hash oil, hashish, or salvia. |
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| 51 | 51 | | 7 (c) The offense described in subsection (a) is a Level 6 felony if: |
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| 52 | 52 | | 8 (1) the person has a prior conviction for a drug offense; and |
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| 53 | 53 | | 9 (2) the person possesses: |
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| 54 | 54 | | 10 (A) at least thirty (30) grams four (4) ounces of marijuana; or |
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| 55 | 55 | | 11 (B) at least five (5) grams of hash oil, hashish, or salvia. |
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| 56 | 56 | | 2024 IN 1349—LS 6406/DI 106 |
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