Tag Archives: possession

Cannabis Plant Is Lawful To Possess in Indiana!!!

 

The cops listen to the attorney at (out) law advice. Legal advice is outlaw advice.  Indiana statutes make it clear that it is lawful to possess the marijuana plant.

(22) Marijuana (7360)– Burns Ind. Code Ann. § 35-48-2-4 (under Schedule I control substance).

Let’s pretend the weed plant is the marijuana plant. An ultimate user under law is allowed to possess the weed plant.   As long as the person use the weed plant for their personal use and not for sale, the ultimate user law protect them.

(e) The following persons need not register and may lawfully possess controlled substances under this article:

(1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent’s or employee’s business or employment.
(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.
(3) An ultimate user or a person in possession of any controlled substance under a lawful order of a practitioner or in lawful possession of a schedule V substance.”–  Burns Ind. Code Ann. § 35-48-3-3

“Ultimate user” means a person who lawfully possesses a controlled substance for the person’s own use, for the use of a member of the person’s household, or for administering to an animal owned by the person or by a member of the person’s household.” -Burns Ind. Code Ann. § 35-48-1-27

The ultimate user doesn’t need a prescription.  No where in statute it state that the ultimate user needs a prescription to possess a control substance. The pharmacist needs a prescription to possess a control substance.  The pharmacist is the one acting in the course of their professional practice.

The definition of marijuana make it clear that the mature stalk is exempt  The marijuana bud is not a control substance under statutes.

“(a) “Marijuana” means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
(b) The term does not include:
(1) the mature stalks of the plant;
(2) fiber produced from the stalks;
(3) oil or cake made from the seeds of the plant;
(4) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom);
(5) the sterilized seed of the plant which is incapable of germination;
(6) hemp (as defined by IC 15-15-13-6);
(7) low THC hemp extract; or
(8) smokable hemp.” -Burns Ind. Code Ann. § 35-48-1-19

The possession statutes applies to testing or verification. Florida statutes define possession as temporary possession for the purpose of testing or verification. Testing or verifying marijuana for the purpose of sale is what the possession statutes applies to.

““Possession” includes temporary possession for the purpose of verification or testing, irrespective of dominion or control.”– Florida Statutes 893.02