Indiana Drug Crimes Attorney
Why Choose Our Drug Crimes Attorney in Indiana?
Drug-related crimes are serious offenses. While there may be a push in other states to legalize certain substances or reduce the amount of jail time for certain offenses, that isn’t the case in Indiana. All drug-related crimes are viewed as serious offenses that carry the very real threat of serious consequences for a conviction. Many people don’t realize how serious those consequences can be until it is too late.
If you have been charged with a drug-related offense, the time to hire a skilled criminal defense lawyer is now. Don’t wait because you think the charges aren’t going to be “that serious.” You need the help of our Indiana criminal defense attorneys from The Criminal Defense Team immediately. We can build a strategic defense strategy from day one while protecting your legal rights. You deserve quality legal representation, and our Board Certified* defense attorneys are ready to help.
Types Of Drug-related Crimes
Indiana law covers a wide variety of drug-related crimes. From possession to manufacturing to drug dealing, the law delves into all aspects of the drug trade and drug usage. Drug-related offenses are taken quite seriously in Indiana and can carry serious criminal penalties. In addition to criminal consequences, a conviction can also result in serious repercussions for an individual’s career, future job prospects, and even their housing situation and personal relationships. Some of the most common drug-related crimes include:
Drug Possession
Drug possession sounds like it is one simple type of criminal charge. It isn’t. There are several different distinctions that Indiana law makes when it comes to the possession of illegal drugs. Those unique distinctions make a significant difference in the penalty phase of a court proceeding if an individual is convicted of a possession crime. In the event you are being charged for drug possession, call our drug possession lawyer in Indiana today.
Drug possession is technically considered the act of knowingly or intentionally possessing a controlled substance without a valid prescription. Possessing an item means that you have it on you physically. This could be in a pocket, purse, or even hidden in a shoe. In some cases, a person can be charged with possession if they were witnessed throwing the substance out a window or on the ground so as to make it seem like it wasn’t in their possession.
Possession charges can carry a significant range of penalties depending on the type and amount of drug found in an individual’s possession. Typically, the higher the schedule and the greater the quantity of the drug, the more serious the charge. A possession charge can be a Class A misdemeanor for possession of a Schedule V controlled substance, all the way up to a Level 3 felony for possessing a large amount of cocaine, narcotics, or methamphetamine.
Dealing Drugs
An individual charged with dealing drugs or controlled substances will face much more severe penalties than someone who is charged with mere possession. Dealing in drugs is defined as anyone that knowingly manufactures or finances the manufacture of drugs as well as anyone that knowingly delivers or finances the delivery of drugs.
As with other drug offenses, there is a wide range of drug dealing offenses that an individual could be charged with depending on the type and amount of substance found in the individual’s possession. Those dealing in drugs that are classified as Schedule I, II, or III controlled substance may find themselves facing anywhere from a Level 5 to a Level 2 felony charge. Dealing in a Schedule IV substance can result in a Level 6 to a Level 3 felony, depending on the circumstances. Those that deal in Schedule V substances may find themselves facing a Class A misdemeanor all the way up to a Level 4 felony.
Drug Manufacturing
Television and movies have glamorized underground drug manufacturing rings. There is nothing glamorous about being charged with a manufacturing crime. The manufacturing of controlled substances is a profoundly serious crime in the state of Indiana. One of the most common manufacturing crimes is the manufacturing of methamphetamine. While there are charges dealing with other types of drug manufacturing, the ingredients used to make methamphetamine are widely available and can be easier to come by than the ingredients for other types of drugs.
Manufacturing methamphetamine is defined as any person who knowingly manufactures or finances the manufacture of methamphetamine. This can be anywhere from a Level 4 felony offense, all the way up to a Level 2 felony offense depending on the quantity of the drug or if the manufacturing process results in the serious bodily injury or death of another person.
Marijuana Charges
The legalization of marijuana continues sweeping through states, but that is not the case in Indiana. Despite it being easier and easier to come by, marijuana is still considered an illegal drug in the state, and being caught in possession of it can still net an individual some serious consequences. Indiana has several laws the address marijuana, from dealing in marijuana, dealing in smokable hemp, and possession of marijuana. Charges can range from a Class B misdemeanor to a Level 5 felony. Being caught with marijuana is not a harmless offense. It can cause major legal repercussions and needs to be taken just as seriously as other drug-related offenses.
How Indiana Classifies Drugs And Controlled Substances
The state of Indiana classifies drugs into five different and separate “schedules.” Drugs are placed into a designated schedule based on their potential for abuse and if they are approved for any form of legitimate medical use. While Indiana places the drugs themselves into schedules, they also categorize the components used to manufacture those drugs into schedules as well. The penalties assigned for certain drug-related crimes can depend on what schedule the drug is and the amount of the drug found in an individual’s possession. Indiana’s drug classification system is as follows:
Schedule I– Drugs with a high potential for abuse and have no accepted medical use or value. Opiates and opiate derivatives.
- Fentanyl
- Hydroxypethidine
- Normethadone
- Codeine-N-Oxide
- Heroin
- Marijuana
- Peyote
- Morphine methylbromide
Schedule II– Drugs with a high potential for abuse and some accepted medical applications, which can result in dependency if abused.
- Raw opium
- Codeine
- Hydrocodone
- Oxycodone
- Morphine
- Cocaine
- Methadone
- Amphetamine
- Methamphetamine
- Pentobarbital
Schedule III– Drugs that have a potential for abuse that is less than a Schedule I or II substance and have some medical use with limited physical dependence but high psychological dependence.
- Anabolic steroid
- LSD
- Dronabinol
- Lysergic acid amide
- Chlorhexadol
- Benzphetamine
- Zolazepam
Schedule IV– Drugs with a lower potential for abuse than Schedule III substances and have an acceptable medical use that can lead to limited dependence.
- Barbital
- Clonazepam
- Diazepam
- Fenfluramine
- Flunitrazepam
- Loprazolam
- Methohexital
- Zolpidem (Ambien)
- Tramadol
Schedule V– Drugs that have the lowest potential for abuse and have an accepted medical use. This may include certain medications that contain a very small amount of narcotics.
- Brivaracetam
- Epidiolex
- Medications with less than 200 milligrams of codeine
- Medications with less than 100 milligrams of dihydrocodeine
- Medications with less than 100 milligrams of opium
Penalties For Drug-related Crimes
Many people operate under the assumption that drug-related crimes aren’t as serious as other types of crime. That is categorically false. Drug-related crimes are taken extremely seriously in Indiana. Even being found in possession of a small amount of a controlled substance could result in significant penalties. Marijuana is often seen as a “harmless” indulgence because so many other states have voted to legalize the drug. That isn’t the case in Indiana, and being caught possessing or distributing marijuana can still result in stiff consequences. A drug conviction can mean jail time, probation, fines, and even prison time for more serious offenses.
Class B Misdemeanor
- Up to 180 days in jail
- Fines up to $1,000
Class A Misdemeanor
- Up to 1 year in jail
- Fines up to $5,000
Level 6 Felony
- 6 months to 2 ½ years in prison
- Fines up to $10,000
Level 5 Felony
- 1 to 6 years in prison
- Fines up to $10,000
Level 4 Felony
- 2 to 12 years in prison
- Fines up to $10,000
Level 3 Felony
- 3 to 16 years in prison
- Fines up to $10,000
Level 2 Felony
- 10 to 30 years in prison
- Fines up to $10,000
Level 1 Felony
- 20 to 40 years in prison
- Fines up to $10,000