Sec. 10. (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, or salvia, a Class A misdemeanor, except as provided in subsections (b) through (d). (b) A person may be convicted of an offense under subsection (a)(2) only if: (1) there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug; or (2) the amount of the drug involved is at least: (A) ten (10) pounds, if the drug is marijuana; or (B) three hundred (300) grams, if the drug is hash oil, hashish, or salvia. (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 marijuana; 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 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; (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; or (3) the: (A) person is a retailer; (B) marijuana, hash oil, hashish, or salvia is packaged in a manner that appears to be low THC hemp extract; and (C) person knew or reasonably should have known that the product was marijuana, hash oil, hashish, or salvia.
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