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How to Avoid a Marijuana Possession Charge in Indiana

Posted on Thursday, November 11th, 2021 at 4:56 pm    

Being charged with a drug crime is serious. The charge can have widespread ramifications in your life, affecting your employment, your options for housing, your reputation, and your personal relationships.

It’s important to obtain adequate legal representation for your defense. The Criminal Defense Team goes above and beyond just providing adequate representation. We work hard to provide you with a vigorous defense to fight your charges and have successfully defended clients throughout Indiana for decades.

How to Avoid Being Charged with Marijuana Possession

Marijuana use is much more common throughout the U.S. than it used to be due to the legalization and decriminalization of it in multiple states. Still, some states continue to prohibit marijuana use, including Indiana. Even if you travel to another state and use marijuana legally there, be sure to never travel with it out of state, and especially not to Indiana, where marijuana is still illegal.

You should also be aware of what is in your property, including your home and your vehicle. This means you have to be mindful of passengers in your vehicle and guests in your home or on your property. If marijuana is found on property you own, you could be charged with marijuana possession. Whether the marijuana is yours or not, if it is found on your property (or in your property, in the case of your car), it is considered to be yours.

Consequences of a Marijuana Possession Charge in Indiana

The state of Indiana takes drug possession crimes seriously, and as such, can levy serious penalties against those who are charged with it.

You can be charged with marijuana possession if you possess marijuana or a derivative of marijuana (salvia, hashish, or hash oil), if you grow or cultivate marijuana, or if you allow marijuana to be grown or cultivated on your property and do not destroy the plants.

Marijuana possession is either a misdemeanor or a felony in Indiana. Whether you’ve been charged with a drug crime previously and the amount of marijuana in your possession determine the level of the criminal charges brought against you. If you’ve been charged with a drug crime before, or if you are knowingly in possession of low-THC hemp extract marijuana or a marijuana derivative, that is a Class A misdemeanor. A Class A misdemeanor in Indiana carries a penalty of up to one year of imprisonment and up to $5,000 in fines.

If you’ve been both charged with a drug crime before and, in this offense, you were in possession of 30 or more grams of marijuana or five or more grams of a marijuana-derivative, that is a level 6 felony. A level 6 felony in Indiana carries a penalty of between six months and 2.5 years in prison and a fine of up to $10,000.

You can also be charged with possession of marijuana paraphernalia. If you’re found in possession of a device or instrument that can be used for marijuana, you may be charged with a Class C misdemeanor. This misdemeanor carries a penalty of up to 60 days’ imprisonment and up to $500 in fines. If you have a prior drug charge and are found in possession of marijuana paraphernalia, you may be charged with a Class A misdemeanor.

We fight hard to defend our clients against the charges brought upon them. We have years of experience going up against prosecutors. We use the insight we’ve gained as previous prosecutors and our understanding of the inner workings of the system to devise the best strategy to defend you and help you beat your charges.

Five of our attorneys at The Criminal Defense Team are Board Certified by the National Board of Trial Advocacy as Criminal Trial Lawyers. There are only six board-certified lawyers in the entire state. Our team has a combined 120 years of experience advocating to protect the life and liberty of the people of Indiana. We have a reputation throughout Indiana for being relentless in our defense of the rights of our clients.

Contact The Criminal Defense Team Today

If you’re charged with marijuana possession in Indiana, the penalties can be serious if you’re convicted. When your life and liberty are on the line, you can’t afford anything less than top-notch legal representation. The Criminal Defense Team has decades of experience and a reputation for fighting hard to protect the rights of our clients. We will mount a rigorous defense on your behalf.

For a free consultation, call us today at (317) 687-8326 or contact us online.

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More than 15,000 lawyers practice in Indiana, but only 6 can claim the title of Board Certified* Criminal Law Specialist. Amazingly, 5 of those 6 certified specialists work closely together in the same law firm…our firm. Our team has been assembled by design, not happenstance.

Board Certification is an elite title reserved for those lawyers who have expertise and dedication in one area of law as well as extensive trial experience. We are proud of that title and what it represents. Our Board Certified* lawyers fight for our clients and work with all of our lawyers every day to help obtain the best possible outcome for our clients.

You wouldn’t want a general practice doctor who is not board certified to handle your heart condition, why would you want a general practice law firm with no Board Certified Criminal Trial Specialists to handle your criminal case?

*Andrew Baldwin, Mark Kamish, Kathie Perry, Maxwell Wiley, and Carrie Miles are certified Criminal Trial Specialists by the National Board of Trial Advocacy (NBTA), a nonprofit organization that certifies attorneys of various legal focuses. To earn an NTBA certification, an attorney must demonstrably show the highest levels of trial experience, competence and integrity.

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