Signed by Governor Mike Pence

Vote Smart's Synopsis:

Vote to pass a bill that amends the criminal code.

Highlights:

• Amends the penalty for an individual who knowingly possesses marijuana, hash oil, hashish, salvia, or a synthetic drug as follows (Sec. 638):
• Existing Law:
• Class A misdemeanor; or
• Class D felony under the following circumstances:
• The individual has a prior conviction of an offense involving marijuana, hash oil, hashish, salvia, or a synthetic drug; or
• The individual possesses more than 30 grams of marijuana or more than 2 grams of hash oil, hashish, salvia.  
• New law:
• Class B misdemeanor;
• Class A misdemeanor if the individual has a prior conviction for a drug offense; or
• Level 6 Felony if the individual has a prior conviction for a drug offence and the amount of the drug involved is at least 30 grams of marijuana or at least 2 grams of hash oil, hashish, salvia, or a synthetic drug.

• Authorizes a court to dismiss a misdemeanor charge and defer proceedings without entering a judgment of conviction for an individual who pleads guilty to the possession of marijuana, hash oil, hashish, salvia, or a synthetic drug under the following circumstances (Sec. 639):
• The individual does not have a prior conviction related to controlled substances; 
• The individual fulfills the conditions determined by the court; and 
• The individual does not have a prior dismissal of a drug related misdemeanor.

• Authorizes a court to suspend any part of a sentence for a felony unless an individual is convicted of  a Level 1 felony, a Level 2 felony, or the individual has any prior unrelated felony conviction (Sec. 654).

• Amends the penalty for an individual who possesses with intent or knowingly manufactures, finances the manufacture of, delivers, or finances the delivery of marijuana, hash oil, hashish, salvia, or a synthetic drug as follows (Sec. 637):
• Existing Law:
• Class A misdemeanor;
• Class D felony under the following circumstances; or
• The intended recipient is under 18 years of age;
• The amount involved is more than 30 grams but less than 10 pounds of marijuana, more than 2 grams but less than 300 grams of hash oil, hashish, or salvia, or more than 2 grams of a synthetic drug;
• The individual has a prior offense involving marijuana, hash oil, hashish, salvia, or a synthetic drug;
• Class C felony under the following circumstances:
• The amount involved is more than 10 pounds of marijuana or more than 300 grams of hashish, hash oil, or salvia;
• The individual delivered or financed the delivery of marijuana, hash oil, hashish, or salvia on a school bus or within 1,000 feet of a school property, public park, family housing complex or youth program center; or
• The amount involved is more than 2 grams of a synthetic drug and the individual delivered or financed the delivery of marijuana, hash oil, hashish, or salvia on a school bus or within 1,000 feet of a school property, public park, family housing complex or youth program center.
• New Law:
• Class A misdemeanor;
• Level 6 felony under the following circumstances; or
• The individual has a prior conviction for a drug offense and the amount involved is less than 30 grams of marijuana or less than 2 grams of hash oil, hashish, salvia, or a synthetic drug; or
• The amount of the drug involved is at least 30 grams but less than 10 pounds of marijuana or at least 2 grams but less than 300 grams of hash oil, hashish, salvia, or a synthetic drug.
• Level 5 felony under the following circumstances:
• The individual has a prior conviction for a drug dealing offense and the amount involved is at least 30 grams but less than 10 pounds of marijuana or at least 2 grams but less than 300 grams of hash oil, hashish, salvia, or a synthetic drug;
• The amount of the drug involved is at least 10 pounds of marijuana or at least 300 grams of hash oil, hashish, salvia, or a synthetic drug; or
• The offense involved a sale to a minor.

• Amends the following minimum sentence for a felony conviction beginning June 30, 2014 (Sec. 652):
• Existing Law:
• 20 years for a Class A felony;
• 6 years for a Class B felony;
• 2 years for a Class C felony; and
• Half of a year for a Class D felony. 
• New Law:
• 20 years for a Level 1 felony;
• 10 years for a Level 2 felony;
• 3 years for a Level 3 felony;
• 2 years for a Level 4 felony;
• 1 years for a Level 5 felony; and 
• Half of a year for a Level 6 felony. 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the criminal code.

Highlights:

• Amends the penalty for an individual who knowingly possesses marijuana, hash oil, hashish, salvia, or a synthetic drug as follows (Sec. 638):
• Existing Law:
• Class A misdemeanor; or
• Class D felony under the following circumstances:
• The individual has a prior conviction of an offense involving marijuana, hash oil, hashish, salvia, or a synthetic drug; or
• The individual possesses more than 30 grams of marijuana or more than 2 grams of hash oil, hashish, salvia.  
• New law:
• Class C misdemeanor;
• Class B misdemeanor under the following circumstances; or
• The individual has a prior conviction for a drug offence and the amount of the drug involved was less than 30 grams of marijuana or 2 grams of hash oil, hashish, salvia, or a synthetic drug; or
• The individual possessed at least 30 grams but less than 30 pounds of marijuana or at least 2 grams but less than 300 grams of hash oil, hashish, salvia, or a synthetic drug.
• Class A misdemeanor if the individual possessed at least 10 pounds of marijuana or at least 300 grams of hash oil, hashish, salvia, or a synthetic drug.

• Authorizes a court to dismiss a misdemeanor charge and defer proceedings without entering a judgment of conviction for an individual who pleads guilty to the possession of marijuana, hash oil, hashish, salvia, or a synthetic drug under the following circumstances (Sec. 639):
• The individual does not have a prior conviction related to controlled substances; 
• The individual fulfills the conditions determined by the court; and 
• The individual does not have a prior dismissal of a drug related misdemeanor. 

• Authorizes a court to suspend part of a sentence for a felony unless an individual is convicted of murder, a Level 1 felony, a Level 2 felony, or the individual has any prior unrelated felony conviction (Sec. 654).

• Amends the penalty for an individual who possesses with intent or knowingly manufactures, finances the manufacture of, delivers, or finances the delivery of marijuana, hash oil, hashish, salvia, or a synthetic drug as follows (Sec. 636):
• Existing Law:
• Class A misdemeanor;
• Class D felony under the following circumstances; or
• The intended recipient is under 18 years of age;
• The amount involved is more than 30 grams but less than 10 pounds of marijuana, more than 2 grams but less than 300 grams of hash oil, hashish, or salvia, or more than 2 grams of a synthetic drug; or
• The individual has a prior offense involving marijuana, hash oil, hashish, salvia, or a synthetic drug.
• Class C felony under the following circumstances:
• The amount involved is more than 10 pounds of marijuana or more than 300 grams of hashish, hash oil, or salvia;
• The individual delivered or financed the delivery of marijuana, hash oil, hashish, or salvia on a school bus or within 1,000 feet of a school property, public park, family housing complex or youth program center; or
• The amount involved is more than 2 grams of a synthetic drug and the individual delivered or financed the delivery of marijuana, hash oil, hashish, or salvia on a school bus or within 1,000 feet of a school property, public park, family housing complex or youth program center.
• New Law:
• Class B misdemeanor;
• Class A misdemeanor under the following circumstances; 
• The individual has a prior conviction for a drug offense and the amount involved is less than 30 grams of marijuana or less than 2 grams of hash oil, hashish, salvia, or a synthetic drug; or
• The amount of the drug involved is at least 30 grams but less than 10 pounds of marijuana or at least 2 grams but less than 300 grams of hash oil, hashish, salvia, or a synthetic drug. 
• Level 6 felony under the following circumstances; or
• The individual has a prior conviction for a drug offense and the amount involved is at least 30 grams but less than 10 pounds of marijuana or at least 2 grams but less than 300 grams of hash oil, hashish, salvia, or a synthetic drug; or
• The amount involved is at least 10 pounds of marijuana but less than 50 pounds of marijuana or at least 300 grams but less than 1,500 grams of hash oil, hashish, salvia, or a synthetic drug.
• Level 5 felony if the amount of the drug involved is at least 50 pounds of marijuana or at least 1,500 grams of hash oil, hashish, salvia, or a synthetic drug. 

• Classifies the production of marijuana as a Class A misdemeanor, except as follows (Sec. 637):
• A Level 6 felony under the following circumstances; or
• The individual has a prior drug conviction and is possession of less than 10 plants; or
• The individual does not have a prior drug conviction and is in possession of at least 10 but no more than 50 plants.
• A Level 5 felony under the following circumstances:
• The individual has a prior drug conviction and is in possession of at least 10 but no more than 50 plants; or
• The individual does not have a prior drug conviction and is in possession of at least 50 plants.

• Amends the following minimum sentence for a felony conviction beginning June 30, 2014 (Sec. 652):
• Existing Law:
• 20 years for a Class A felony;
• 6 years for a Class B felony;
• 2 years for a Class C felony; and
• Half of a year for a Class D felony. 
• New Law:
• 30 years for a Level 1 felony;
• 20 years for a Level 2 felony;
• 12 years for a Level 3 felony;
• 6 years for a Level 4 felony;
• 2 years for a Level 5 felony; and 
• Half of a year for a Level 6 felony. 

Full Bill Text