Indiana has some of the harshest drug laws in the nation, and individuals who are caught selling or in possession of a controlled substance are subject to some extremely severe penalties. It is for this reason that it is incredibly important to secure representation from a tough, battle-tested Indiana criminal defense lawyer who can fight for your rights and freedom.
Many people consider simple drug possession to be a “victimless” crime, and state lawmakers have recently taken action to drastically reduce the penalties for drug offenders. However, the penalties are still quite harsh compared to other states. The exact charges you will face will depend on the drug in question, as well as the amount that was in your possession. For example:
- Less than 5 grams of cocaine: Level 6 felony
- More than 5, but less than 10 grams: Level 5 felony
- More than 10, but less than 28 grams: Level 4 felony
- More than 28 grams: Level 3 felony
Furthermore, the charges you face can be increased if there were certain enhancing circumstances – for example, if you have a prior conviction for a drug crime, or if you were caught in possession while in a school zone or park.
Sale of Drugs
Although drug possession penalties are harsh, the consequences of selling drugs are even more severe. Depending on the type of drug, as well as the amount you sold (or planned to sell), you could potentially face more than 30 years in prison. Sale of a Schedule I or II drug such as cocaine will automatically be at least a Level 5 felony with up to six years in prison, but the penalties will increase drastically if you have more than one gram.
Indiana Marijuana Laws
There are specific laws in place that address marijuana, although they are very similar to standard drug laws. Essentially, the penalties you will face for marijuana possession or sale will be dependent on the amount of the drug in your possession. Crimes involving marijuana concentrates like hash or oils will also fall under Indiana’s marijuana laws, although there are special “threshold” amounts for these substances.