Indiana's drug trafficking laws are within the context of the state's Uniform Controlled Substances Act, which classifies large-scale drug sales offenses as a felony. Anyone who commits such acts can be charged with trafficking in cocaine or narcotics, and in most cases, this is a Level 5 felony. In addition to drug trafficking offenses, you may face related crimes, such as illegal possession of a firearm, possession of drug-related paraphernalia, and even RICO crimes. Indiana drug laws are very complex and drug possession often becomes a much more serious crime because of the state's classification of controlled substances.
Under federal law, traffic comes with its own statutes and penalties. Someone is guilty of drug trafficking if they sell or transport illegal drugs. While there is no specific law on drug trafficking in the state of Indiana, state courts do classify drug trafficking with a lower weight, meaning that offenders convicted of distributing or transporting drugs on a large scale will face harsher penalties than traffickers who sell smaller quantities. The best way to evaluate the possible application of these defenses to a particular case under Indiana drug laws is an Indiana criminal defense lawyer.
One of the most common criminal offenses under Indiana drug laws is the violation of Indiana's marijuana laws. If you are found guilty of trafficking, Indiana law, § 35-48-4-1, states that the minimum amount of specific Schedule I drugs (1 gram or less), you will face a Level 5 felony. If you are being investigated or have been charged under Indiana drug laws, the first thing to do is to hire the best possible drug lawyer in Indianapolis. For example, if you are found guilty of trafficking less than one gram of a drug included in Schedules II or III, you face a Level 6 felony, punishable by a penalty of six months to 2.5 years in prison.
In addition to the requirement that the State prove its arguments, as seen in previous illegal possession cases, there are other possible defenses to Indiana's drug laws. Federal drug trafficking laws are aimed primarily at the largest active trafficking operations in the illegal drug community. Those convicted of drug trafficking in Indiana face serious penalties, including up to 30 years in prison. In that state, the Indiana Court of Appeals ruled that when the defendant stipulated that he was the owner of the house where the substances were found and that he was the only person present when the search warrant was executed and provided the keys to several lockers, the evidence was sufficient to prove possession since constructive possession can be demonstrated from evidence that the substance was in a place where the defendant exercised dominance and control.
When it comes to understanding Indiana's drug laws, many Indianaans get lost in the minutiae of legal language and nuances contained in Indiana Code 35-48. In some cases, laws related to possession of a narcotic in Indiana allow courts to charge offenders with even more serious crimes. Every criminal case is different depending on the specific facts of each case and Indiana's drug laws are complicated so it's important to talk to an Indiana criminal defense lawyer to discuss the details of your case. Penalties for drug trafficking in Indianapolis depend on the type and quantity of the drug, whether you have a criminal record, and any aggravating circumstances. We decline all liability with respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.
Navigating through Indiana's complex drug laws can be daunting for those facing charges related to drug trafficking. It is important for anyone facing such charges to understand their rights and options under state law and consult with an experienced criminal defense attorney who can provide guidance on how best to proceed with their case. An experienced attorney can help evaluate your case and determine what defenses may be available based on your individual circumstances.
