While many states across the country have legalized marijuana for medical or recreational use, Indiana has not. Here, marijuana remains illegal, and even small amounts can lead to an arrest, fines, and jail time. Prosecutors continue to aggressively pursue marijuana cases, from simple possession to large-scale distribution.
At Hayes Law Office, we understand how overwhelming a drug charge can be. Lead attorney Philip Hayes has more than 20 years of experience defending clients in Indianapolis and across Central Indiana. Whether you are accused of possessing a small amount of marijuana or facing felony-level distribution charges, we are ready to fight for your rights and your future.
Common Marijuana Charges in Indiana
Indiana law treats marijuana as a controlled substance, and penalties vary based on the amount involved and the circumstances of the case. Some of the most common charges include:
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Possession of Marijuana – Having any amount of marijuana is illegal. Possession of under 30 grams is a misdemeanor, while 30 grams or more can result in felony charges.
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Distribution and Dealing – Selling, delivering, or giving marijuana to another person is a felony offense. Penalties increase with the quantity involved or if minors are involved.
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Cultivation or Growing Marijuana – Growing marijuana plants can lead to felony charges, even if for personal use.
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Possession with Intent to Distribute – Even if no sale is completed, prosecutors may pursue this charge if packaging, scales, or large amounts of cash are present.
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Paraphernalia Charges – Possession of pipes, bongs, grinders, or other marijuana-related items can also lead to criminal charges.
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Hash, Oils, and Concentrates – Possessing marijuana extracts or concentrates, such as THC oils or edibles, often carries harsher penalties than leaf marijuana.
Many cases begin with traffic stops or vehicle searches. Others arise from DUI investigations, tips, or surveillance. Regardless of how charges start, it’s critical to have a lawyer review whether your constitutional rights were violated.
What Are the Penalties for Marijuana Crimes in Indiana?
Unlike many states, Indiana imposes strict penalties for marijuana offenses. Depending on the circumstances, you could face:
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Misdemeanor possession – Up to 180 days in jail and $1,000 in fines (under 30 grams, first offense).
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Felony possession – Up to 2.5 years in prison and $10,000 in fines (30 grams or more, or repeat offense).
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Distribution or dealing – Felony charges with penalties ranging from 1 to 6 years in prison, with longer sentences for larger amounts or repeat convictions.
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Cultivation – Treated similarly to distribution and subject to felony penalties.
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Paraphernalia – Up to 60 days in jail and $500 in fines.
In addition to jail or prison, a conviction can lead to:
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A permanent criminal record that affects job opportunities and housing
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Driver’s license suspension
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Immigration consequences for non-citizens
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Harsher penalties for future charges
How Hayes Law Office Can Help
When you hire Hayes Law Office, you get more than just a defense lawyer—you get an advocate who understands how Indiana drug laws are applied and how prosecutors build their cases. Our defense strategies may include:
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Challenging unlawful searches and seizures
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Questioning whether the marijuana truly belonged to you
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Reviewing police conduct for errors or misconduct
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Ensuring lab testing of substances is accurate and reliable
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Investigating whether evidence was mishandled, lost, or tampered with
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Arguing entrapment or other violations of your constitutional rights
In some cases, we may be able to negotiate reduced charges, secure entry into diversion programs, or fight for dismissal. In others, trial may be the best option. Every case is different, and we build a defense strategy that fits your unique situation.
Call an Indianapolis Marijuana Defense Lawyer Today
If you’ve been arrested for marijuana possession, distribution, or cultivation in Indiana, you still have rights—and you need an experienced defense attorney to protect them. At Hayes Law Office, we will carefully review your case, fight aggressively for the best possible outcome, and stand with you every step of the way. Call today to schedule a free consultation with an Indianapolis marijuana defense lawyer.
Hayes Law Office proudly serves clients in Marion County, Hamilton County, Hancock County, Hendricks County, Johnson County, Boone County, Madison County, Shelby County, and throughout Central Indiana.
Frequently Asked Questions About Marijuana Charges in Indiana
Is marijuana legal for medical use in Indiana?
No. Unlike many states, Indiana has not legalized medical or recreational marijuana. Only CBD products with less than 0.3% THC are legal.
What happens if I’m caught with a small amount of marijuana?
Possession of less than 30 grams is typically a misdemeanor, but it can still result in jail time, fines, and a permanent record.
Can I be charged with intent to distribute if I never sold marijuana?
Yes. Prosecutors may charge you with intent to distribute if you are found with larger amounts, packaging materials, or other items suggesting dealing.
What if the police searched my car without a warrant?
If the search was unlawful, any evidence found could be suppressed. This is one of the most common defense strategies in marijuana cases.
Can I get my marijuana conviction expunged in Indiana?
In some cases, yes. After a waiting period, certain misdemeanor and lower-level felony convictions may be eligible for expungement. An attorney can advise on your eligibility.
