Possession of Marijuana in Indiana

Here at Hayes Law Office, we understand that you can face up to a year in jail for possession of marijuana in Indiana. Notwithstanding the current legislation regarding marijuana, possession of marijuana is a crime in Indiana. If you find yourself charged with possession of marijuana in Indiana, you may face serious penalties.

Although marijuana has been recently legalized in the surrounds 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. If you or a loved one is charged with possession of marijuana in Indiana, give Hayes Law Office today at (317) 759-1515. Let’s discuss how we can help you in this case to avoid any jail time or legal penalties.

Medical Marijuana in Indiana

What charges could you be facing for Possession of Marijuana in Indiana?

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 punishments for possession are addressed below in turn:

 

  • Class B misdemeanor: is a fine of not more than $1000 and imprisonment of not more than 180 days. Ind. Code § 35-50-3-3(2018);
  • Class A misdemeanor:is a fine of not more than $5000 and imprisonment for not more than one 1 year. Ind. Code § 35-50-3-2(2018);
  • Level 6 Felony:is a fine of not more than $10,000 and imprisonment for between 6 months and 2 and 1/2 years, with an advisory sentence of one year. Ind. Code § 35-50-2-7(2018).

What next?

If you receive a summons or are arrested, you must appear in court. Your first appearance will be an initial hearing, where you will hear the charges against you along with your constitutional rights. Your jurisdiction might allow for pre-trial diversion or the prosecutor may be willing to accept a plea deal. The lawyers at Hayes Law Office will work with you to determine the appropriate next steps and guide you through the process.

Is Smell Probable Cause?

Do you know smell is a probable cause in the state of Indiana? Edmond v. State acknowledges the smell of fresh marijuana is enough to establish probable cause for an officer to search a vehicle. 951 N.E.2d 585, 591 (Ind. Ct. App. 2011). However, only smelling marijuana does not automatically equal a potential conviction of possession, unless marijuana is actually found on the person. (Id.at 592). If an officer smells marijuana, there is probable cause for the officer to begin a search of you and your property.

marijuana possession

What is Constructive Possession of Marijuana in Indiana?

If no proof of actual possession of marijuana exists, the State can still charge you with constructive possession. Under Lampkins v. State, a person constructively possesses marijuana when the person intends to, and has the ability to, maintain “dominion and control” over the drug. 682 N.E.2d 1268, 1275 (Ind.) modified on reh’g 685 N.E.2d 698 (Ind. 1997). This means if you are close to marijuana that is in plain view, a court will impute intent to possess marijuana.

What are the penalties for possession of marijuana 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.

Will the State be fair during my case?

According toBoyd v. State, “the interpretation of a statute is a question of law reserved for the courts.” 889 N.E.2d at 324. This means if your case does not fit exactly into the statute, the courts will hear your case and interpret the statute as needed. It is the State’s burden to present sufficient evidence to convict a person of possession of marijuana. If you are dealing with any type of marijuana possession issues, you need a criminal defense attorney. At Hayes Law Office, we are experienced in drug offenses and can offer you adequate representation in court. Call us at (317) 759-1515 to discuss your case.

driving under the influence of marijuana

Is Medical Marijuana legal in Indiana?

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. Call us today at the Hayes Law Office for a free consultation with some of the top criminal defense attorneys in the state of Indiana.

If you or a loved one has been charged for any level of possession of marijuana in Indiana, give Hayes Law Office a call today at (317) 759-1515. Will have the best attorneys when it comes to drug defense. We solve many cases ranging from Level 5 to Level 6 felonies.

 

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