While neighboring states have made recreational or medical marijuana legal, Indiana upholds strict prohibition. Classified as a Schedule I controlled substance, marijuana possession and distribution are penalized under stringent state laws. Knowing the law’s stance on marijuana is essential if you’re facing charges. Here’s what you need to know about possession, dealing, and other circumstances that can impact your charges, and why hiring a knowledgeable attorney is critical to navigating Indiana’s complex marijuana laws.
What is the Legal Classification of Marijuana in Indiana?
In Indiana, marijuana is classified as a Schedule I controlled substance, which means it is deemed to have no accepted medical use and a high potential for abuse. This classification results in marijuana being penalized heavily under state law. While neighboring states may allow personal use for medical or recreational purposes, Indiana enforces penalties that vary depending on factors like the amount of marijuana in possession, prior offenses, and aggravating factors such as the presence of a firearm.
Understanding Marijuana Possession Charges in Indiana
Possession charges in Indiana vary significantly based on factors like the amount of marijuana found and whether there are prior drug convictions. Here’s a breakdown of potential possession charges:
- Class B Misdemeanor: For first-time offenders caught with 30 grams or less of marijuana, charges often start as a Class B misdemeanor, which can lead to up to 180 days in jail and a fine of $1,000.
- Class A Misdemeanor: If you have a prior drug offense on record, a new possession charge can be elevated to a Class A misdemeanor, carrying a maximum penalty of one year in jail and a fine of $5,000.
- Level 6 Felony: If an individual with a prior drug conviction is found in possession of 30 grams or more of marijuana, or at least 5 grams of hash oil or hashish, they can be charged with a Level 6 felony. Conviction at this level can bring more severe penalties, including a longer jail sentence and steeper fines.
Dealing in Marijuana Under Indiana Law
The classification of a marijuana-related offense as “dealing” rather than possession depends on whether there is intent to manufacture, deliver, or finance the delivery of marijuana or related substances like hash oil or hashish. Under Indiana Code (IC) 35-48-4-10, dealing can be charged as a misdemeanor or a felony, with penalties varying based on the quantity of marijuana involved, prior offenses, and additional statutory enhancements like proximity to certain locations or the presence of firearms.
When is Dealing a Misdemeanor?
Dealing marijuana starts as a Class A misdemeanor when a person knowingly or intentionally:
- Manufactures marijuana;
- Finances the manufacturing or delivery of marijuana;
- Delivers marijuana; or
- Possesses marijuana with intent to manufacture or deliver.
To establish intent to distribute based solely on possession, the prosecution must provide “evidence in addition to the weight of the drug.” This can include items like baggies, scales, or large sums of cash that imply a commercial purpose. Without corroborative evidence of intent to distribute, the state cannot simply charge dealing based on possession alone.
When Does Dealing Become a Felony?
Dealing charges become felonies under specific conditions outlined in Indiana statutes. The law provides for escalating penalties based on prior convictions, the quantity of marijuana involved, and aggravating circumstances.
- Level 6 Felony:
- A dealing charge rises to a Level 6 felony if:
- The person has a prior drug conviction, and the amount in possession is less than 30 grams (or less than 5 grams for hash oil or hashish); or
- The person possesses 30 grams to 10 pounds of marijuana (or 5 grams to 300 grams of hash oil or hashish).
- Level 5 Felony:
- A Level 5 felony applies if:
- There is a prior conviction for dealing, and the amount in possession is 30 grams to 10 pounds (or 5 to 300 grams of hash oil or hashish);
- The amount in possession is over 10 pounds of marijuana or over 300 grams of hash oil or hashish; or
- The offense involves distributing to a minor.
- Enhanced Penalties Based on Aggravating Factors:
- Indiana law stipulates that certain enhancing factors can escalate a dealing charge to a higher felony level, including:
- Presence of a Firearm: If a firearm is present during a dealing offense, the charge can be escalated, given the potential safety risks involved.
- Location of the Offense: If the offense occurs within 1,000 feet of a school, park, or youth center, the charge is subject to enhancement.
- Sale to a Minor: Selling marijuana to a minor automatically escalates the offense to a Level 5 felony, regardless of the quantity involved.
Enhancing Circumstances and the Impact on Sentencing
In addition to the quantity of marijuana and evidence of intent to distribute, enhancing circumstances can further elevate charges and increase sentencing. For example:
- Firearms: The presence of a firearm during the offense can transform a possession or lower-level dealing charge into a more serious felony due to the heightened risk of harm.
- Proximity to Schools, Parks, or Youth Centers: Conducting a marijuana-related offense within 1,000 feet of areas where minors are likely present can lead to escalated charges.
- Repeat Offenses: Prior convictions for drug offenses also impact the severity of new charges, increasing the likelihood of felony charges and harsher sentences.
Marijuana and DUI / OWI : What You Need to Know
In Indiana, operating a vehicle with any trace of THC (the psychoactive ingredient in marijuana) in your system, even inactive THC, can lead to an OWI (Operating While Intoxicated) charge. This is considered a strict liability offense, meaning that the presence of THC alone is sufficient to trigger an OWI charge, regardless of whether you were impaired while driving.
For residents who travel to neighboring states where marijuana use is legal, it’s crucial to understand that crossing back into Indiana with THC in your system—even from legal use—can still lead to criminal charges. An OWI for marijuana in Indiana can result in a loss of driving privileges, fines, and even incarceration.
Why Hiring a Defense Attorney is Essential
Indiana’s complex laws on marijuana possession and dealing require an in-depth understanding of the criminal code and experience in navigating marijuana-related charges. Whether you’re facing a misdemeanor or a felony, the right attorney can make a substantial difference in the outcome of your case by:
- Analyzing the Evidence: An experienced attorney can review the circumstances of your arrest, such as the presence of additional evidence or lack thereof, and any procedural missteps that may have occurred.
- Negotiating Lesser Charges or Penalties: For individuals facing possession or misdemeanor charges, an attorney may be able to negotiate reduced penalties or alternative sentencing, such as a diversion program.
- Challenging Aggravating Circumstances: If aggravating factors like firearms or proximity to schools are at issue, a skilled attorney can work to mitigate these circumstances and advocate for a fair outcome.
- Protecting Your Rights: From ensuring lawful procedure to challenging search warrants or evidence obtained through questionable means, your attorney will help uphold your legal rights throughout the process.
Make The Right Call
Indiana’s marijuana laws are among the strictest in the Midwest, with significant penalties for both possession and dealing. Whether you’re facing a misdemeanor for simple possession or a felony for a more severe charge, understanding the specifics of Indiana law and your rights is critical. A skilled defense attorney can help protect your future and advocate on your behalf, giving you the best chance at a favorable outcome.
If you’re facing marijuana charges in Indiana, the attorneys at the Marc Lopez Law Firm are here to help. With years of experience in defending clients against drug charges, we understand Indiana’s stringent marijuana laws and are dedicated to providing aggressive and knowledgeable representation. Contact us today at 317-632-3642, and remember—always plead the Fifth!