CRIMINAL LAWAND PROCEDURE
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merchant in a place of business for which the
retail merchant has been issued a registered retail
merchant certificate, the court:
(1) shall recommend the suspension of the
registered retail merchant certificate for
the place of business for one (1) year if the
person’s violation of this section resulted
in a criminal conviction; and
(2) may recommend the suspension of the
registered retail merchant certificate for
the place of business for six (6) months if
the person’s violation of this section
resulted in an adjudication that the per-
son committed an infraction.
(g) The department of state revenue shall sus-
pend the registered retail merchant certificate of
a retain merchant in accordance with the recom-
mendation of the court. Whenever the department
of state revenue is required to suspend a retail mer-
chant’s registered retail merchant certificate under
this section, the department shall immediately
mail a notice to the retail merchant’s address that
must state that the retail merchant’s registered
retail merchant certificate will be suspended for
the period recommended by the court, com-
mencing five (5) days after the date of the notice.
35-48-4-11. Possession of marijuana, hash oil,
hashish or salvia.
(a) A person who:
(1) knowingly or intentionally possesses
(pure or adulterated) marijuana, hash oil,
hashish, or salvia;
(2) knowingly or intentionally grows or
cultivates marijuana; or
(3) knowing that marijuana is growing on
the person’s premises, fails to destroy the
marijuana plants;
commits possession of marijuana, hash oil,
hashish, or salvia, a Class B misdemeanor, except
as provided in subsections (b) through (c).
(b) The offense described in subsection (a) is
a Class A misdemeanor if the person has a prior
conviction for a drug offense.
(c) The offense described in subsection (a) is
a Level 6 felony if:
(1) the person has a prior conviction for a
drug offense; and
(2) the person possesses:
(A)at least thirty (30) grams of mari-
juana; or
(B)at least five (5) grams of hash oil,
hashish, or salvia.
35-48-4-11.5. Possession of a synthetic drug
or a synthetic drug lookalike
substance.
(a) As used in this section, “synthetic drug
lookalike substance” has the meaning set forth in
IC 35-31.5-2-321.5(a)(2).
(b) A person who possesses a synthetic drug
or synthetic drug lookalike substance commits
possession of a synthetic drug or synthetic drug
lookalike substance, a Class B infraction.
(c) A person who knowingly or intentionally
possesses a synthetic drug or synthetic drug looka-
like substance commits possession of a synthetic
drug or synthetic drug lookalike substance, a
Class Amisdemeanor. However, the offense is a
Level 6 felony if the person has a prior unrelated
conviction under this section or under section
10.5 of this chapter.
35-48-4-12. Conditional discharge for
possession as a first offense.
If a person who has no prior conviction of an
offense under this article or under a law of another
jurisdiction relating to controlled substances pleads
guilty to possession of marijuana, hashish, salvia,
or a synthetic drug or a synthetic drug lookalike
substance as a misdemeanor, the court, without
entering a judgment of conviction and with the
consent of the person, may defer further pro-
ceedings and place the person in the custody of the
court under conditions determined by the court.
Upon violation of a condition of the custody, the
court may enter a judgment of conviction.
However, if the person fulfills the conditions of the
custody, the court shall dismiss the charges against
the person. There may be only one (1) dismissal
under this section with respect to a person.
35-48-4-13. Common nuisance.
(a) A person who knowingly or intentionally
visits a building, structure, vehicle or other place
that is used by any person to unlawfully use a con-
trolled substance commits visiting a common nui-
sance, a Class B misdemeanor.
(b) A person who knowingly or intentionally
