What Are Indiana’s Drug Possession Penalty Levels?

Indiana’s drug possession penalties depend on the drug, the amount, and whether prior convictions or other aggravating facts apply. Charges range from a misdemeanor for a small amount of marijuana to a serious felony for larger amounts of cocaine, methamphetamine, or other narcotics.

Misdemeanor or Felony: How Indiana Classifies a Possession Charge

Indiana’s baseline possession statute treats most Schedule I, II, III, and IV drugs the same way. A person who knowingly or intentionally possesses a controlled substance in these schedules without a valid prescription commits a Class A misdemeanor, under Indiana’s controlled substance possession law. That carries up to a year in jail and a fine of up to $5,000.

It becomes a Level 6 felony if an enhancing circumstance applies. That is a fact that raises the charge, such as having a firearm or being near a school or public park when minors are expected.

Schedule I and II Drug Possession Penalties by Weight

Cocaine, methamphetamine, and other narcotic drugs classified in schedule I or II follow a steeper scale under Indiana’s cocaine and narcotic possession statute. Methamphetamine uses the same weights under its own section.

• Less than 5 grams, no enhancing circumstance: Level 6 felony
• Less than 5 grams with an enhancing circumstance, or at least 5 but less than 10 grams: Level 5 felony, one to six years
• At least 5 but less than 10 grams with an enhancing circumstance, or at least 10 but less than 28 grams: Level 4 felony, two to twelve years
• 28 grams or more, or at least 10 but less than 28 grams with an enhancing circumstance: Level 3 felony, three to sixteen years, the top of Indiana’s possession scale

Marijuana Possession Penalties in Indiana

Marijuana, hash oil, hashish, and salvia carry lighter penalties in Indiana. Possession is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000.

With a prior drug conviction, it becomes a Class A misdemeanor. Packaging that looks like legal low-THC hemp extract can also raise it to a Class A misdemeanor if the person knew, or should have known, what it was.

With a prior drug conviction and at least 30 grams of marijuana, or 5 grams of hash oil, hashish, or salvia, it becomes a Level 6 felony, with 6 months to 2½ years.

Frequently Asked Questions

What happens if you get caught with drugs in Indiana for the first time?

A first offense often lands as a misdemeanor for smaller amounts, though cocaine, meth, and narcotics in schedules I and II start at a Level 6 felony even for a first arrest. The exact outcome depends on the drug’s schedule and weight, so getting the police report reviewed before entering a plea is a useful next step.

How much marijuana leads to a felony charge in Indiana?

Simple possession of any amount usually stays a misdemeanor. A felony applies only when the person has a prior drug conviction and has at least 30 grams of marijuana. For hash oil, hashish, or salvia, the amount is 5 grams.

Can a Level 6 felony drug conviction be reduced to a misdemeanor?

Sometimes. Indiana law allows some Level 6 felonies to be entered, or later converted, as Class A misdemeanors if specific court findings are met. It is not automatic.

What counts as an enhancing circumstance in an Indiana drug case?

Indiana law defines “enhancing circumstances” that raise a charge a level:

• Having a firearm during the offense
• Being on a school bus, or on or within 500 feet of a school or public park, when a person under 18 was reasonably expected to be there
• Manufacturing or financing manufacture of the drug
• Being on prison, jail, or juvenile facility property
• Knowingly being in or within 100 feet of a drug treatment or recovery facility
• Delivering the drug to someone under 18 who is at least 3 years younger
• Acting in the physical presence of a child under 18, knowing the child was there and might see or hear it
• A prior conviction for dealing any drug other than marijuana, hashish, hash oil, or salvia

The Criminal Defense Team: Your Indiana Drug Possession Defense Law Firm

Whether your charge is a Class B misdemeanor or a Level 3 felony, every detail matters. Contact our Indiana drug possession lawyer today to talk through what your specific charge means and what comes next.