Drug possession laws in Indianapolis, Indiana are outlined in Indiana Code 35-48-4-7.According to this code, anyone found in possession of a controlled substance without a valid prescription is guilty of a Class A misdemeanor. This includes drugs such as marijuana, heroin, and cocaine, as well as the compounds used to make them. In some cases, controlled substances can be legally possessed with a valid prescription. The penalties for possession of a controlled substance depend on the type and quantity of drug involved, as well as any aggravating circumstances. Possession crimes range from a Class B misdemeanor to a Level 3 felony.
Illegal possession of cocaine, Schedule I or II narcotics, and methamphetamine can be punished as a Level 3, 4, 5, or 6 felony. If the amount of the drug involved was 28 grams or more, it is considered a Level 3 felony. If the amount was less than ten grams but more than five grams, it is considered a Level 5 felony. If the amount was less than five grams, it is considered a Level 6 felony.
If there are aggravating circumstances present, the penalty level increases accordingly. The intentional possession of any other Schedule I, II, III, or IV controlled substance (not including marijuana, hashish, or saliva) is a Class A misdemeanor. It is also a Class A misdemeanor to illegally possess a Schedule V controlled substance without a valid prescription or through a false statement. Possession of marijuana, hashish oil, hashish, or saliva carries penalties for minor and serious crimes. If the defendant pleads guilty to a misdemeanor of possession of marijuana, hashish, hashish oil, or sage, the court can postpone the conviction and instead place the person under supervision with conditions such as drug counseling. If the defendant satisfies the conditions set by the court, the charges will be dismissed.
Otherwise, the court can issue a conviction and impose a sentence. Possession of drug-related paraphernalia is also illegal in Indianapolis. Drug paraphernalia includes any instrument, device, or object used primarily to introduce a controlled substance into the body or test its strength, effectiveness, or purity. Smoking papers are not considered paraphernalia. The penalties for drug possession range from three to sixteen years in prison for Level 3 felonies to conditional dismissal for misdemeanors involving marijuana and other substances. A conviction for possession of controlled substances (even misdemeanors) can have lifelong consequences such as difficulty finding work or housing. It is important to understand all charges and possible outcomes when facing drug-related charges in Indianapolis.
An experienced criminal defense lawyer specializing in drug-related crimes can help evaluate all possible defenses and determine which one is most applicable in each case. Indiana drug laws have separate laws for methamphetamine that are more stringent than those for other controlled substances. It is illegal to operate a motor vehicle if there is a detectable level of an illegal drug or drug metabolite present in the body. Being in possession of one type of drug may entail a misdemeanor charge while being in possession of another class of drug may mean that an individual is facing serious felony charges. State law exempts CBD (cannabidiol) products from the state's criminal definition of marijuana. The best way to evaluate possible defenses under Indiana Drug Laws is with an Indiana criminal defense lawyer. Hessler Law PC is an experienced criminal defense law firm based in downtown Indianapolis that serves clients throughout Marion County and beyond. Drug possession laws in Indianapolis are complex and vary depending on the type and quantity of drugs involved.
It is important to understand all charges and possible outcomes when facing drug-related charges in Indianapolis. An experienced criminal defense lawyer specializing in drug-related crimes can help evaluate all possible defenses and determine which one is most applicable in each case.
