Indiana 2024 Regular Session

Indiana House Bill HB1349 Latest Draft

Bill / Introduced Version Filed 01/10/2024

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