Our Marijuana Defense Lawyers Can Help You — Call Now
Despite the growing trend toward marijuana legalization in neighboring states, Indiana remains firm in its stance against recreational and medical marijuana.
In Indiana, possession, distribution, and cultivation of marijuana are still illegal. Efforts to legalize marijuana are ongoing, but as of now, all marijuana-related offenses are considered crimes.
If you’ve been charged with a marijuana offense in Indiana, the criminal defense lawyers of Hessler Law are here to help. Contact us today to schedule a free consultation.
Common Marijuana Charges in Indianapolis
Here’s an overview of common marijuana charges in Indiana:
Possession of Marijuana
The most common marijuana-related charge in Indiana is possession. This charge under Indiana Code 35-48-4-11 applies to individuals found with small amounts of marijuana for personal use. Even minor possession offenses can result in legal consequences, including fines and possible jail time.
Possession of Marijuana with Intent to Distribute
Possession with intent to distribute is a more serious offense than simple possession. This charge is typically applied if authorities believe there is an intention to sell or distribute marijuana. Evidence like large quantities of marijuana, scales, or cash can lead to this charge.
Driving Under the Influence of Marijuana
In Indiana, DUI charges don’t just apply to alcohol; they also apply to marijuana and other controlled substances. Even if marijuana is used legally in another state, driving under its influence in Indiana can lead to a DUI.
Cultivation and Manufacturing of Marijuana
Growing or manufacturing marijuana in Indiana is strictly prohibited. Cultivation, even in small amounts, can lead to felony charges. Individuals found with marijuana plants or equipment used for growing can face severe penalties.
Marijuana Paraphernalia Charges
Indiana law also penalizes the possession or dealing of drug paraphernalia, such as pipes, bongs, or other devices associated with marijuana use. Even if no marijuana is found, possessing these items can lead to criminal charges and fines under Indiana Code 35-48-4-8.3.
Criminal Penalties for Marijuana Convictions in Indiana
In Indiana, marijuana offenses range from misdemeanors to felonies. A small amount of marijuana for personal use typically results in a misdemeanor, but larger quantities or evidence of intent to sell can lead to felony charges. Felonies carry much steeper consequences, including longer jail sentences and larger fines.
Misdemeanor marijuana possession of less than 30 grams can result in up to 180 days in jail and a fine of up to $1,000. Felony charges, depending on the severity, can lead to longer prison terms and significant fines of up to $10,000. Additional penalties may include probation, community service, or mandatory drug counseling.
Repeat offenders are often subject to enhanced penalties, meaning that even a second minor possession charge could result in a harsher sentence. Judges are more likely to impose stricter penalties on individuals with multiple drug convictions.
Are There Other Consequences For Being Convicted of Marijuana Charges?
A marijuana conviction in Indiana can create lasting effects beyond fines and jail time. For many, it poses serious barriers to employment, as criminal background checks are routine in hiring processes, and many employers may hesitate to hire individuals with drug-related convictions.
Housing can also become more challenging to secure, as landlords often consider applicants’ criminal backgrounds, which could result in limited rental options.
Additionally, some professions require special licensing—such as healthcare, law, or education—and a drug-related conviction may disqualify individuals from obtaining or maintaining such licenses.
Can I Defend Against Marijuana-Related Charges in Indiana?
Several potential defenses can be used in marijuana cases in Indiana. An attorney may challenge the legality of a search or seizure if it was conducted without a warrant or probable cause, potentially resulting in the dismissal of illegally obtained evidence.
Another defense may involve questioning the handling and accuracy of the evidence itself, such as lab results or chain-of-custody issues, which can sometimes reveal flaws that weaken the prosecution’s case.
Each defense is tailored to the case’s unique facts, and an Indiana marijuana defense lawyer will work to identify the most effective strategies for achieving a favorable outcome.
How an Indiana Marijuana Defense Lawyer Can Help
A skilled Indianapolis drug defense lawyer can provide invaluable support as soon as you’re charged, explaining the legal process and protecting your rights at every step. They can negotiate with prosecutors to seek reduced charges or alternative sentencing options, such as probation or treatment programs, which can lessen the impact of a conviction.
In court, a defense lawyer presents evidence, challenges weak points in the prosecution’s case, and advocates for the most favorable outcome possible. With a deep understanding of Indiana drug laws and a commitment to defending your future, a qualified attorney works to minimize penalties and protect your long-term interests.
FAQs about Marijuana Charges in Indiana
Is any form of marijuana legal in Indiana?
No, Indiana does not currently allow recreational or medical marijuana use. Even small amounts of marijuana for personal use are illegal, and the state has strict penalties for possession, distribution, and cultivation. While CBD products with less than 0.3% THC are legal, anything over that limit is considered illegal.
Does Indiana have medical marijuana laws?
Indiana does not currently have medical marijuana laws. The state has resisted legalizing marijuana even for medical purposes, though some advocacy groups are pushing for change. Until laws change, medical marijuana use remains illegal in Indiana.
Can I get a marijuana conviction expunged in Indiana?
Yes, in some cases. Eligibility for expungement in Indiana depends on factors like the severity of the charge and the time elapsed since the conviction. Your marijuana defense lawyer can help you understand if expungement is an option in your situation.
Call a Marijuana Defense Lawyer in Indiana Today
If you’re dealing with a marijuana charge in Indiana, don’t face it alone. Contact our experienced Indiana marijuana defense team today for a consultation. We’re here to discuss your case, outline your options, and build a strong defense strategy tailored to your needs.
Call (317) 886-8800 today for a free consultation.