Facing a drug charge for the first time can be overwhelming, especially in Indiana, where drug laws are among the strictest in the country. If you've been arrested for drug possession, understanding your rights and the potential legal consequences is important to your case. The penalties for drug-related offenses vary based on the type and quantity of the substance involved, as well as any prior convictions.
If you are dealing with a first-time drug charge, securing experienced legal representation as soon as possible is important. Depending on where the arrest took place prosecutors may take an aggressive approach, which could result in serious consequences, including possible jail time. Attorney Philip Hayes has the experience you need to right to defend your charges.
Understanding Indiana’s Drug Possession Laws
Indiana classifies drugs into five schedules based on their medical use and potential for abuse. Schedule I substances, such as heroin and LSD, are considered the most dangerous, while Schedule V drugs have recognized medical uses and a lower risk of dependency.
Drug possession penalties range from misdemeanors to felonies. For example:
- Marijuana Possession: If you are caught with less than 30 grams and have no prior offenses, it is typically charged as a Class B misdemeanor. However, if you have previous drug convictions, the charge can be elevated to a Class A misdemeanor, which carries steeper penalties.
- Methamphetamine, Cocaine, and Narcotics: Possessing less than 5 grams of these substances can result in a Level 6 felony charge. If the quantity exceeds 10 grams, the offense escalates to a Level 4 felony, which carries harsher penalties.
Sentencing for First-Time Drug Offenses in Indiana
Those convicted of drug possession in Indiana must go through a sentencing hearing. The judge will consider several factors, including:
- The severity of the offense
- The individual’s prior criminal history
- Any aggravating or mitigating circumstances
Prosecutors often push for strict penalties, but defendants have the opportunity to present evidence that may reduce their sentence. Demonstrating rehabilitation efforts, a clean prior record, or other mitigating factors can sometimes lead to a lighter sentence.
In some cases, first-time offenders may qualify for alternative sentencing options, such as probation, court-ordered treatment, or diversion programs. These alternatives can help avoid incarceration, especially for low-level drug offenses.
First-Time Cannabis Possession in Indiana
While cannabis remains classified as a Schedule I drug under Indiana law, penalties for possession are generally less severe compared to other controlled substances. A first-time offense involving marijuana, hash, or hash oil is typically charged as a Class B misdemeanor. However, if the product is packaged in a way that mimics low-THC hemp extract, the charges could be enhanced.
First-Time Possession of Narcotics and Methamphetamine
Indiana law imposes much stricter penalties for possessing narcotics or methamphetamine. A first-time offense involving cocaine, heroin, or methamphetamine is often charged as a Level 6 felony, which can lead to jail time. If the amount in possession exceeds 5 grams, the charge may be elevated, leading to more severe legal consequences.
Substances classified as narcotics in Indiana include:
- Opium and its derivatives
- Certain opioid medications without a valid prescription
- Poppy straw and related compounds
Because the penalties for possessing these substances can be severe, having an experienced defense attorney is critical to navigating the legal process.
Potential Penalties for First-Time Possession
In many first-time possession cases, individuals face lower-level charges. The possible penalties under Indiana law include:
- Class B Misdemeanor: Up to 180 days in jail and a fine of up to $1,000
- Class A Misdemeanor: Up to one year in jail and a fine of up to $5,000
- Level 6 Felony: Six months to two and a half years in prison, with potential fines of up to $10,000
Indiana law does provide some leniency for first-time offenders convicted of possessing marijuana, hashish, or smokable hemp. Those who plead guilty to a misdemeanor charge may be placed under court supervision with specific conditions. If these conditions are met, the charges may be dismissed. However, failing to comply could result in a conviction.
Prescription Drugs vs. Illegal Substances
Not all drug-related charges involve street drugs like heroin or methamphetamine. In Indiana, it is illegal to possess prescription medications without a valid prescription. Possession of controlled substances from Schedules I through IV without proper authorization is classified as a Class A misdemeanor, except for:
- Marijuana
- Hashish
- Synthetic cannabinoids
- Salvia
Possessing more than four ounces of a Schedule V medication containing codeine within a 48-hour period without a prescription may also result in criminal charges.
Frequently Asked Questions
How many grams of marijuana are illegal in Indiana?
Possessing any amount of marijuana is illegal in Indiana. However, if you have less than 30 grams and no prior drug convictions, it is typically a misdemeanor offense.
How long is the jail sentence for drug possession in Indiana?
The sentence depends on the type of drug and the amount involved. Simple possession of a controlled substance can be classified as a felony, carrying a sentence of up to three years in prison and a fine of up to $10,000.
Contact The Hayes Law Office for Legal Assistance
If you or a loved one is facing drug possession charges in Indiana, legal guidance is essential. The Hayes Law Office has experience defending individuals against drug-related offenses in Indianapolis and throughout the state. Contact us today to discuss your case and explore your legal options.
