Indiana Code 35-48-4-12. Conditional discharge for possession as first offense
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Terms Used In Indiana Code 35-48-4-12
- Conviction: A judgement of guilt against a criminal defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
Sec. 12. If a person who has no prior conviction of an offense under this article relating to controlled substances pleads guilty to possession of marijuana, hashish, salvia, or smokable hemp as a misdemeanor, the court, without entering a judgment of conviction and with the consent of the person, may defer further proceedings 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.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.107; P.L.138-2011, SEC.18; P.L.182-2011, SEC.18; P.L.78-2012, SEC.16; P.L.196-2013, SEC.25; P.L.158-2013, SEC.639; P.L.168-2014, SEC.104; P.L.80-2019, SEC.31; P.L.190-2019, SEC.32; P.L.142-2020, SEC.82; P.L.156-2020, SEC.134.