Experienced Drug Possession Attorney in West Lafayette, IN
Being convicted of a drug possession charge can result in fines, jail or prison time, and many collateral consequences on your employment, financial wealth, and other opportunities in life. A West Lafayette drug possession lawyer can help you safeguard your rights and your future. A lawyer helps you find the right defense for your charges and could enable you to avoid conviction or face less-severe penalties.
About the West Lafayette Drug Crime Lawyer Team at The Criminal Defense Team
At The Criminal Defense Team of Baldwin Perry & Wiley P.C., we can help you build an aggressive defense against drug possession charges. Our team includes five Board-Certified Criminal Trial Specialists, one attorney with experience in major felony cases on the prosecution’s side, experienced and skilled defense attorneys, and seasoned paralegals.* Our five specialists in criminal trials are five of the six total specialists in the state.
Our team has more than 100 years of collective legal experience. When we handle new cases, teams of at least two attorneys and a paralegal manage them. Our firm also brainstorms cases. This approach helps our clients get more responsive legal guidance and greater adaptability and experience in their legal defense. When you need compassionate support and fierce legal advocacy, our firm can help you.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.
Drug Possession Offenses in West Lafayette
From 2022 to 2025, the Indiana Management Performance Hub reported the following drug possession offenses in Tippecanoe County:
- 961 methamphetamine possession offenses
- 798 marijuana possession offenses
- 152 cocaine possession offenses
- 220 opioid possession offenses
- Three possession offenses for cocaine, narcotics, or opioids
- 1,028 controlled substance possession offenses
- 984 drug paraphernalia possession offenses
If you have been arrested by agencies like the West Lafayette Police Department or the Tippecanoe County Sheriff’s Office, you need an experienced attorney by your side to protect your interests.
West Lafayette Drug Possession Charges
Possession of a controlled substance with a valid order or prescription, intentionally or knowingly, is generally a Class A misdemeanor. This includes the possession of Schedule I substances other than marijuana, salvia, or hashish, the possession of Schedule II, III, or IV substances, and the possession of any analog of those substances. When enhancements apply, the offense is a Level 6 felony.
It is also a Class A misdemeanor to purposefully or knowingly obtain any of the following without a valid order or prescription:
- Over four ounces of a Schedule V controlled substance that contains codeine within a 48-hour period
- A Schedule V controlled substance through misrepresentation
- A Schedule V controlled substance when possession is secured without a prescription or by signing a licensed pharmacy’s exempt narcotic register
Possession of cocaine, a narcotic drug classified in Schedule I or II, or methamphetamine is a Level 6 felony. The offense can have stricter penalties in the following cases:
- Level 5 felony: This applies if there is between five grams and 10 grams of the substance, or less than five grams but an enhancing circumstance applies.
- Level 4 felony: This is charged if there is between 10 grams and 28 grams of the substance, or if there is less than 10 grams but enhancing circumstances apply.
- Level 3 felony: This applies when there is at least 28 grams of the substance present. If there is between 10 grams and 28 grams, but an enhancing circumstance applies, it is also a Level 3 felony.
Possession of marijuana, hashish, salvia, or hash oil is a Class B misdemeanor. It can become a Class A misdemeanor when you have a prior drug offense, and can become a Level 6 felony when you have a prior drug offense, and there are 30 grams of marijuana or five grams of any of the other substances present in the offense.
Enhancing Circumstances in Drug Possessions
Enhancing circumstances in Indiana law include factors like:
- Having a prior conviction of dealing a controlled substance other than marijuana, hashish, salvia, or hash oil
- Possession of a firearm
- Committing the offense on a school bus
- Committing the offenses within 500 feet of school property or a public park when someone under the age of 18 was likely present
FAQs
Is Drug Possession a Felony in Indiana?
In Indiana, certain drug possession offenses are felonies, but some are charged as misdemeanors. A basic possession offense is charged as a Class A misdemeanor, but can be charged as a Level 6 felony with aggravating circumstances.
Possession of certain substances, like cocaine, a narcotic, or methamphetamine, is always a felony. Possession of marijuana can be charged as a Class B or Class A misdemeanor, but may be a felony if a substantial amount of the substance is present.
What Is the Statute of Possession of a Controlled Substance in Indiana?
The basic statute for the possession of a controlled substance in Indiana is Indiana Code 35-48-4-7, or Title 35: Criminal Law and Procedure, Article 48: Controlled Substances, Chapter 4: Offenses Relating to Controlled Substances, Section 7: Possession of a controlled substance or controlled substance analog. There are other possession statutes for specific substances like cocaine and methamphetamine.
How Can You Beat a Possession Charge in Indiana?
The most effective way to beat a possession charge in Indiana is to hire a drug possession lawyer. Every case is unique, and so a defense needs to be tailored to the specific charges, facts of your arrest, and other specifics. A lawyer can review the case the prosecution has against you and determine the ideal method for defense. They can talk you through your options and potential outcomes so that you know what to expect.
What Are the Elements of Possession of a Controlled Substance?
The elements of possession of a controlled substance require that you 1) possess a controlled substance, 2) possess it knowingly or intentionally, and 3) do not have a valid prescription for the substance or a practitioner’s order when acting in their professional practice. Potential defenses may be that you didn’t have control over or possession of the substance, or that you did not know you possessed it.
Hire a Drug Possession Lawyer in West Lafayette
You need experienced legal defense that can handle high-capacity cases and has a team of Board-Certified Criminal Trial Specialists. At The Criminal Defense Team, we have an on-call attorney available 24/7. Contact us today.