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in violation of this chapter commits a Class A
infraction for possession paraphernalia.
(b) A person who knowingly or intentionally
violates subsection (a) commits a Class Amisde-
meanor. However, the offense is a Level 6 felony
if the person has a prior unrelated judgment or con-
viction under this section.
35-48-4-8.5. Dealing in paraphernalia.
(a) A person who keeps for sale, offers for
sale, delivers, or finances the delivery of a raw
material, an instrument, a device, or other object
that is intended to be or that is designed or mar-
keted to be used primarily for:
(1) ingesting, inhaling, or otherwise intro-
ducing into the human body marijuana,
hash oil, hashish, salvia, a synthetic drug,
or a controlled substance;
(2) testing the strength, effectiveness, or
purity of marijuana, hash oil, hashish,
salvia, a synthetic drug, or a controlled
substance;
(3) enhancing the effect of a controlled
substance;
(4) manufacturing, compounding, con-
verting, producing, processing, or prepar-
ing marijuana, hash oil, hashish, salvia, a
synthetic drug, or a controlled substance;
(5) diluting or adulterating marijuana, hash
oil, hashish, salvia, a synthetic drug, or a
controlled substance by individuals; or
(6) any purpose announced or described by
the seller that is in violation of this chap-
ter;
commits a Class A infraction for dealing in para-
phernalia.
(b) A person who knowingly or intentionally
violates subsection (a) commits a Class Amisde-
meanor. However, the offense is a Level 6 felony
if the person has a prior unrelated judgment or con-
viction under this section.
(c) This section does not apply to the follow-
ing:
(1) Items marketed for use in the prepara-
tion, compounding, packaging, labeling, or
other use of marijuana, hash oil, hashish,
salvia, a synthetic drug, or a controlled
substance as an incident to lawful research,
teaching, or chemical analysis and not for
sale.
(2) Items marketed for or historically and
customarily used in connection with the
planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding,
converting, producing, processing, prepar-
ing, testing, analyzing, packaging, repack-
aging, storing, containing, concealing,
injecting, ingesting, or inhaling of tobacco
or any other lawful substance.
35-48-4-10. Dealing in marijuana, hash oil,
hashish or salvia.
(a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
marijuana, hash oil, hashish, or salvia,
pure or adulterated; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
marijuana, hash oil, hashish, or salvia,
pure or adulterated;
commits dealing in marijuana, hash oil, hashish,
salvia, a Class A misdemeanor, except as pro-
vided in subsections (b) through (d).
(b) A person may be convicted of an offense
under subsection (a)(2) only if there is evidence
in addition to the weight of the drug that the per-
son intended to manufacture, finance the manu-
facture of, deliver, or finance the delivery of the
drug.
(c) The offense is a Level 6 felony if:
(1) the person has a prior conviction for a
drug offense and the amount of the drug
involved is:
(A) less than thirty (30) grams of mar-
ijuana; or
(B) less than five (5) grams of hash oil,
hashish, or salvia; or
(2) the amount of the drug involved is:
(A) at least thirty (30) grams but less
than ten (10) pounds of marijuana; or
(B) at least five (5) grams but less than
