(a) A person who:

1. (1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia;
2. (2) knowingly or intentionally grows or cultivates marijuana; or

3. (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:

1. (1) the person has a prior conviction for a drug offense; or

2. (2) the:

   1. (A) marijuana, hash oil, hashish, or salvia is packaged in a manner that appears to be low THC hemp extract; and
   2. (B) person knew or reasonably should have known that the product was marijuana, hash oil, hashish, or salvia.

(c) The offense described in subsection (a) is a Level 6 felony if:

1. (1) the person has a prior conviction for a drug offense; and

2. (2) the person possesses:

   1. (A) at least thirty (30) grams of marijuana; or

   2. (B) at least five (5) grams of hash oil, hashish, or salvia.

      As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.106; Acts 1979, P.L.303, SEC.12; P.L.138-1983, SEC.5; P.L.138-2011, SEC.17; P.L.182-2011, SEC.17; P.L.6-2012, SEC.234; P.L.78-2012, SEC.15; P.L.196-2013, SEC.23; P.L.158-2013, SEC.638; P.L.168-2014, SEC.102; P.L.226-2014(ts), SEC.12; P.L.188-2017, SEC.13; P.L.153-2018, SEC.26.