CRIMINAL LAWAND PROCEDURE
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three hundred (300) grams of hash oil,
hashish, or salvia.
(d) The offense is a Level 5 felony if:
(1) the person has a prior conviction for a
drug dealing offense and 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
three hundred (300) grams of hash oil,
hashish, or salvia; or
(2) the:
(A) amount of the drug involved is:
(i) at least ten (10) pounds of
marijuana; or
(ii) at least three hundred (300)
grams of hash oil, hashish, or
salvia; or
(B) offense involved a sale to a minor.
35-48-4-10.5. Dealing in a synthetic drug or
a synthetic drug lookalike
substance.
(a) A person who:
(1) manufactures;
(2) finances the manufacture of:
(3) delivers;
(4) finances the delivery of;
(5) possesses, with intent to deliver; or
(6) possesses, with intent to finance the
delivery of;
a synthetic drug or a synthetic drug lookalike
substance commits dealing in a synthetic drug or
synthetic drug lookalike substance, a Class A
infraction. However, the offense is a Level 6
felony if the offense is committed knowingly or
intentionally and the person has a prior unrelated
judgment or conviction under this subsection.
(b) Aperson may be adjudicated or convicted
of an infraction or offense under subsection (a)(5)
or (a)(6) only if there is evidence in addition to the
weight of the synthetic drug or synthetic drug
lookalike substance that the person intended to
deliver or finance the delivery of the synthetic drug
or synthetic drug lookalike substance.
(c) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a synthetic drug or synthetic drug looka-
like substance; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
a synthetic drug or synthetic drug looka-
like substance;
commits dealing in a synthetic drug or synthetic
drug lookalike substance, a Class Amisdemeanor,
except as provided in subsections (d) through (e).
(d) A person may be convicted of an offense
under subsection (c)(2) only if there is evidence
in addition to the weight of the synthetic drug or
synthetic drug lookalike substance that the person
intended to manufacture, finance the manufac-
ture of, deliver, or finance the delivery of the syn-
thetic drug or synthetic drug lookalike substance.
(e) The offense in subsection (c) is:
(1) a Level 6 felony if:
(A) the recipient or intended recipient
is less than eighteen (18) years of age;
(B) the amount involved is more than
five (5) grams; or
(C) the person has a prior conviction of
an offense involving a synthetic drug
or synthetic drug lookalike substance;
and
(2) a Level 5 felony if the amount involved
is more than five (5) grams and the person
delivered or financed the delivery of the
synthetic drug or synthetic drug lookalike
substance:
(A) on a school bus; or
(B) in, on, or within five hundred (500)
feet of:
(i) school property; or
(ii) a public park;
while a person under eighteen (18) years of age
was reasonably expected to be present.
(f) In addition to a criminal or civil penalty
imposed for a violation of this section, if the court
finds that a person has violated this section and the
violation involved the sale of or offer to sell, in the
normal course of business, a synthetic drug or
synthetic drug lookalike substance by a retail
