Drug Offenses

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A drug conviction can have numerous ongoing negative impacts on your life including:

• Prison / Loss of Liberty
• Damage to Your Employment
• Harm to Your Immigration Status
• Heavy Fines / Forfeiture of Property

Contact one of our attorneys today to discuss your narcotics charges and begin the process of protecting yourself and your property.

In Indiana, marijuana possession occurs when a person: knowingly or intentionally possesses marijuana, hash oil, hashish, or salvia; knowingly or intentionally grows or cultivates marijuana; or fails to destroy marijuana plants known to be growing on the person’s premises. Some of the penalties for a marijuana possession conviction include:

• The offense is a Class B misdemeanor, punishable up to 180 days imprisonment and a fine of up to $1,000, unless 
• The person has a prior drug offense conviction, then it is a Class A misdemeanor, punishable up to 1 year imprisonment and a fine of up to $5,000; or
• The person has a prior drug offense conviction and possesses at least 30 grams of marijuana or at least 5 grams of hash oil, hashish, or salvia, then it is a Level 6 felony punishable by between 6 months to 2.5 years imprisonment and up to $10,000 in fines.

In Indiana, dealing marijuana involves knowingly or intentionally manufacturing, delivering, financing the manufacturing or delivery, or possession with intent to deliver marijuana, hashish, hash oil, or salvia. Some of the penalties for dealing marijuana include:

• Class A misdemeanor, punishable up to 1 year imprisonment and a fine of up to $5,000.
• Level 6 felony, punishable by 6 months to 2.5 years imprisonment and a fine of up to $10,000, if the person has a prior drug offense conviction and the amount of the drug involved is less than 30 grams of marijuana or less than 2 grams of hash oil, hashish, salvia, or synthetic marijuana.
• Level 5 felony, punishable by 1 to 6 years imprisonment and a fine of up to $10,000, if the person has a prior drug dealing conviction and the amount of the drug involved is between 30 grams and 10 pounds of marijuana or between 5 grams and 300 grams of hash oil, hashish, or salvia. It is also a Level 5 felony for a first offense if the offense involved more than 10 pounds of marijuana or more than 300 grams of hash oil, hashish, salvia, or synthetic marijuana, or a sale to a minor.

In Indiana, possession of a controlled substance occurs when a person, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses a Schedule I, II, III, or IV controlled substance, except marijuana. Some of the penalties for possession of a controlled substance include:

• The offense is a Class A misdemeanor, punishable up to 1 year imprisonment and a fine of up to $5,000, unless
• If the person commits the offense and an enhancing circumstance applies, then the offense is a Level 6 felony, punishable by 6 months to 2.5 years imprisonment and a fine of up to $10,000.

In Indiana, dealing a controlled substance involves knowingly or intentionally manufacturing, delivering, financing the manufacturing or delivery, or possession with intent to deliver a Schedule I, II, or III controlled substance except marijuana. Some of the penalties for dealing controlled substances include:

• Level 5 felony, punishable by 1 to 6 years imprisonment and a fine of up to $10,000, if the amount of the drug involved is between 1 and 5 grams or the amount of the drug involved is less than 1 gram and an enhancing circumstance applies.
• Level 4 felony, punishable by 2 to 12 years imprisonment and a fine of up to $10,000, if the amount of the drug involved is between 5 and 10 grams or the among of the drug involved is between 1 and 5 grams and an enhancing circumstance applies.
• Level 3 felony, punishable by 3 to 20 years imprisonment and a fine of up to $10,000, if the amount of the drug involved is between 10 and 28 grams or the amount of the drug involved is between 5 and 10 grams and an enhancing circumstance applies.
• Level 2 felony, punishable by 10 to 30 years imprisonment and a fine of up to $10,000, if the amount of the drug involved is at least 28 grams or the amount of the drug involved is between 10 and 28 grams and an enhancing circumstance applies.

In Indiana, possession of Methamphetamine involves knowingly and intentionally possessing meth without a valid prescription. Some of the penalties for possession of methamphetamine include:

• The offense is a Level 6 felony, punishable by 6 months to 2.5 years imprisonment and a fine of up to $10,000, unless
• If the offense involved between 3 to 10 grams of meth, or less than 3 grams and an enhancing circumstance applies, then it is a Level 5 felony, punishable by 1 to 6 years imprisonment and a fine of up to $10,000;
• If the offense involved between 10 and 28 grams of meth, or between 3 and 10 grams of meth and an enhancing circumstance applies, then it is a Level 4 felony, punishable by 2 to 12 years imprisonment and a fine of up to $10,000;
• If the offense involved 28 grams or more of meth, or between 10 and 28 grams of meth and an enhancing circumstance applies, then it is a Level 3 felony, punishable by 3 to 20 years imprisonment and a fine of up to $10,000.

In Indiana, dealing methamphetamine involves knowingly or intentionally delivering or financing the delivery of, or possessing with the intent to deliver or finance the delivery of methamphetamine, pure or adulterated. Some of the penalties for dealing methamphetamine include:

• Level 5 felony, punishable by 1 to 6 years imprisonment and a fine of up to $10,000.
• Level 4 felony, punishable by 2 to 12 years imprisonment and a fine of up to $10,000, if the amount of the drug involved is between 1 and 5 grams, or the amount of the drug involved is less than 1 gram and an enhancing circumstance applies.
• Level 3 felony, punishable by 3 to 20 years imprisonment and a fine of up to $10,000, if the amount of the drug involved is between 5 and 10 grams, or the amount of the drug involved is between 1 and 5 grams and an enhancing circumstance applies.
• Level 2 felony, punishable by 10 to 30 years imprisonment and a fine of up to $10,000, if the amount of the drug involved is at least 10 grams, or the amount of the drug involved is between 5 and 10 grams and an enhancing circumstance applies.

In Indiana, possession of cocaine or narcotics involves, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possessing cocaine or a narcotic drug classified in schedule I or II. Some of the penalties for possession of cocaine or a narcotic drug include:

• The offense is a Level 6 felony, punishable by 6 months to 2.5 years imprisonment and a fine of up to $10,000, unless
• If the amount of the drug involved is between 5 and 10 grams or the amount of the drug involved is less than 5 grams and an enhancing circumstance applies, then it is a Level 5 felony, punishable by 1 to 6 years imprisonment and a fine of up to $10,000;
• If the amount of the drug involved is between 10 and 28 grams or the amount of the drug involved is between 5 and 10 grams and an enhancing circumstance applies, then it is a Level 4 felony, punishable by 2 to 12 years imprisonment and a fine of up to $10,000;
• If the amount of the drug involved is at least 28 grams or the amount of the drug involved is between 10 and 28 grams and an enhancing circumstance applies, then it is a Level 3 felony, punishable by 3 to 20 years imprisonment and a fine of up to $10,000.

In Indiana, dealing cocaine or narcotics involves knowingly or intentionally manufacturing, financing the manufacture of, delivering, or financing the delivery of cocaine or Schedule I or II narcotics, or possessing with the intent to manufacture, finance the manufacture of, deliver, or finance the delivery of cocaine or Schedule I or II narcotics. Some of the penalties for dealing cocaine or narcotics include:

• Level 5 felony, punishable by 1 to 6 years imprisonment and a fine of up to $10,000.
• Level 4 felony, punishable by 2 to 12 years imprisonment and a fine of up to $10,000, if the amount of the drug involved is between 1 and 5 grams, the amount of the drug involved is less than 1 gram and an enhancing circumstance applies, or the drug is heroin and the amount involved aggregated over a period of not more than 90 days is between 3 and 7 grams.
• Level 3 felony, punishable by 3 to 20 years imprisonment and a fine of up to $10,000, if the amount of the drug involved is between 5 and 10 grams, the amount of the drug involved is between 1 and 5 grams and an enhancing circumstance applies, the drug is heroin and the amount involved aggregated over a period of not more than 90 days is between 7 and 12 grams, or the drug is heroin and the amount involved aggregated over a period of not more than 90 days is between 3 and 7 grams and an enhancing circumstance applies.
• Level 2 felony, punishable by 10 to 30 years imprisonment and a fine of up to $10,000, if the amount of the drug involved is at least 10 grams, the amount of the drug involved is between 5 and 10 grams and an enhancing circumstance applies, the drug is heroin and the amount involved aggregated over a period of not more than 90 days is at least 12 grams, or the drug is heroin and the amount involved aggregated over a period of not more than 90 days is between 7 and 12 grams and an enhancing circumstance applies.

An “enhancing circumstance” ultimately is a statutory factor that courts will consider when deciding how severe of a sentence to provide to a defendant. Legally speaking, Indiana Code §35-48-1-16.5 defines an enhancing circumstance to mean one or more of the following:

• The person has a prior conviction for dealing in a controlled substance that is not marijuana, hashish, hash oil, salvia divinorum, or a synthetic drug, including an attempt or conspiracy to commit the offense.
• The person committed the offense while in possession of a firearm.
• The person committed the offense on a school bus or in, on or within five hundred feet of: (i) school property while a person under 18 years of age was reasonably expected to be present; or (ii) a public park while a person under 18 years of age was reasonably expected to be present.
• The person delivered or financed the delivery of the drug to a person under 18 years of age at least 3 years junior to the person.
• The person manufactured or financed the manufacture of the drug.
• The person committed the offense in the physical presence of a child less than 18 years of age, knowing that the child was present and might be able to see or hear the offense.

If you are facing misdemeanor or felony drug charges in Indiana, we know what you are facing and can be your aggressive defense team in court. Our defense lawyers are prepared to fight on your behalf, so call us today and find out how we can help protect your rights and freedom.