Drug possession charges vary in Indiana depending on the substance, amount, and location of the arrest. Possession of Cocaine, Heroin, Ecstasy, LSD, or any other Schedule I (excluding marijuana - read more below) are felonies, but again, vary depending on quantity. In addition to quantity, proximity to school zones is an additional enhancer for any drug charge. All drug charges are elevated if the arrest occurs within 1000 feet of a school. These enhanced charges do not need to have anything to do with selling or supplying school children with the drugs in question. The only factor for an enhancement is that the possession took place in a drug-free zone. Specifics of each drug, quantity, and penalty are listed below.
What are the degrees and penalties of drug possession arrests in Indiana?
A drug possession arrest in Indiana can range from a simple misdemeanor to a Class A felony, and the associated punishment varies depending on the degree of the crime. Although many states have decriminalized or legalized marijuana possession, marijuana is outlawed on every level in Indiana, including medicinal marijuana. The different degrees and possible penalties of drug possession arrests are as follows:
- Under 30 grams of marijuana - Class A Misdemeanor; up to 1 year in jail and a maximum fine of $5,000
- Over 30 grams of marijuana - Class D Felony; 6 months - 3 years prison, fine up to $10,000
- Under 3 grams of Cocaine or Methamphetamine - Class D Felony; 3 years prison, fine up to $10,000 (or Class B, 6-20 years and $10,000 fine in school zone).
- Over 3 grams of Cocaine or Methamphetamine - Class C Felony; 2-8 years in prison, fine up to $10,000 (or Class A, 20-50 years and $10,000 fine in school zone).
- Heroin, MDMA, LSD, or other Schedule I drugs - Class D felony; 3 years prison, fine up to $10,000 (or Class D, 6-20 years and $10,000 fine if under 3 grams in school zone / Class A 20-50 years and $10,000 fine if over 3 grams in school zone).
These guidelines for punishments only take the drug possession arrest into account, and do not have anything to do with possible additional charges resulting from your arrest. Each drug you are found in possession of is considered a separate charge, and can amount to significant penalties of both incarceration time and monetary fines.
What should I do if i have been arrested for drug possession in Indiana?
If you have been arrested and charged with drug possession in Indiana, regardless of the specifics of your case, finding a good defense attorney is essential. Indiana has aggressive drug laws, and the associated penalties can be severe. An attorney familiar with Indiana’s drug laws will help you navigate the complicated legal system and identify the best solutions for your case. Many law offices offer free consultations for drug possession charges, which is a good first step to building a strong case.
Title-Tag: Laws, Penalties, and Consequences of Drug Possession Charges in Indiana
Meta-description: Being arrested for drug possession in Indiana can range from misdemeanor to Felony A charges depending on the circumstances. Read more about the role that substance type, quantity, and location can play in the gravity of drug possession charges.