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Indianapolis Drug Possession Lawyer

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Drug possession charges often lead to very stiff penalties that most often include a jail or prison sentence and hefty fines. Drug charges are prosecuted to the full extent of the law. If facing a drug possession charge, the right lawyer is imperative. This lawyer should have knowledge and experience dealing with drug possession charges and presenting the best defense possible in these cases.

Hayes Law Office is dedicated to helping you avoid serious criminal penalties. Attorney Philip Hayes understands that many people who are charged with drug possession are battling substance abuse issues, which is why he can also help you get the treatment and counseling necessary to overcome your drug addiction.

If you or a loved one has been charged with drug possession in Indianapolis, contact Hayes Law Office today at (317) 759-1515 for a free consultation.

What are Indiana’s Drug Possession Laws?

Under Indiana Law (§ 35-48-4-7), possession of a controlled substance without a valid prescription can result in a charge of a Class A misdemeanor or a Level 6 felony. Both illegal drugs and controlled substances are classified according to schedules. Schedule I narcotics are the most addictive with no accepted medical value, while Schedule V substances are not addictive and used in the medical field.

The following are examples of Schedules I-V:

  • Schedule I: heroin, marijuana, ecstasy

  • Schedule II: cocaine, Adderall, methadone

  • Schedule III: anabolic steroids, ketamine

  • Schedule IV: Xanax, Valium, Tramadol

  • Schedule V: Lyrica, Lomotil

Penalties for Drug Possession

The potential penalties for possession of a small of a certain controlled substance are either a Class A misdemeanor or a Level 6 felony. For example, a methamphetamine possession charge involving less than five grams of the drug is generally always treated as a Level 6 felony, which carries a fine up to $10,000 with a prison sentence of up to two-and-a-half years. Additionally, if an enhancing circumstance applies, which might include possession on school property or having a prior conviction, one may be convicted of a more serious felony offense.

While Indiana state penalties can be harsh, federal laws can be even more so. Currently, federal law requires a minimum prison sentence of 5 years for possession of any amount over 5 grams, with a maximum sentence of 40 years.

Indiana Marijuana Possession Laws

Although marijuana has been recently legalized for recreational use in surrounding states like Michigan and Illinois, marijuana is still classified as a Schedule I substance. Also, in Indiana driving under the influence of marijuana is under the same rules and laws as of DUI or drunk driving.

In Indiana, “(a) A person who: (1) knowingly or intentionally possesses (pure or adulterated) marijuana… [commits] a Class B misdemeanor…” Ind. Code § 35-48-4-11 (2018). However, if a person has a prior drug offense, the Class B misdemeanor is elevated to a Class A misdemeanor. If a person has a prior drug conviction or “possesses at least thirty (30) grams of marijuana,” the class B misdemeanor becomes a Level 6 Felony. Ind. Code § 35-48-4-11 (2018).

The following are the potential penalties for marijuana possession in Indiana:

  • Possession of any amount if the defendant has no prior or passes possession of marijuana convictions. Any violation is considered a class A misdemeanor, can lead up to 6 months (180 days) in jail. A fine of up to $1,000 or more.

  • Possession of fewer than 30 grams, if the defendant has no prior or passes possession of marijuana convictions. Any violation is considered a level 5-6 felony, can lead up to 6 months to 1 and a half years in jail. A fine of up to $5,000 or more.

  • If you or a loved one have possession of more than 30 grams with a pass possession of marijuana convictions. Any violation will result in a level 5-6 level felony, this could possibly result in 1 to 6 years in prison, and a penalty adding up to $10,000 or more.

  • Caught selling to a minor. With or without a prior or pass possession of marijuana convictions. Will be valued as a level 5 felony, you will be facing 1-6 years in prison, and/or a penalty adding up to $10,000 or more.

Furthermore, several states throughout the states allow medical marijuana without facing any charges for possession of marijuana. Medical marijuana is not legal in Indiana as of the year 2020. All possession of marijuana in Indiana is considered criminalized including possession, manufacture, sales, and use of any kind. It’s talks that marijuana will soon be legalized in the state of Indiana in the next coming years.

If you or a loved one has been charged for any level of possession of marijuana in Indiana, call Hayes Law Office today at (317) 759-1515 to learn how we can help you.

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