Possession offenses range from a Class B misdemeanor to a Level 3 felony. Penalties by level of crime can be found below (Sentences for felony and misdemeanor convictions in Indiana). Illegal possession of cocaine, Schedule I or II narcotics, and methamphetamine can be punished as a Level 3, 4, 5, or 6 felony. Possession is a Level 3 felony if the amount of the drug involved was 28 grams or more.
Possession is a Level 4 felony if the amount of the drug involved was less than at least ten grams but less than 28 grams. Increases to a Level 3 felony if it is an aggravating circumstance. A Level 3 felony is punishable by a term of imprisonment of three to 16 years, with a warning sentence of nine years. The state of Indiana has been fighting this war for years through its drug possession laws.
Basically, it's a crime to possess any illegal drug in the state. Penalties range from a simple misdemeanor to a more serious felony charge with significant penalties either way. The most important factors in any sanction you face depend both on the type of drug you are alleged to have and the total amount in your possession. For example, if police officers find drugs in a car occupied by several people, anyone in the car could be charged with possession of a controlled substance.
Possession of marijuana can lead to a Class B misdemeanor charge if you have 30 grams or less in your possession and have no previous drug arrests. A person who intentionally obtains or intentionally possesses this type of drug must comply with the law to avoid a possession charge. However, under Indiana drug possession laws, even simple possession is a felony that carries the possibility of imprisonment. We have extensive experience representing clients facing all types of charges under Indiana possession laws.
If you or someone you know has been arrested and charged with a drug offense in Indiana, whether it is classified as a misdemeanor or a felony, it is best to contact a local drug crime lawyer who can review your case, advise you on the law, and defend you in court, if necessary. Schedule I drugs have the greatest potential for abuse and no accepted medical use, and Schedule V drugs have accepted medical uses and the least potential for abuse. Constructive possession means that you had knowledge of the drugs, but the drugs were not in your person. Possession is a Level 5 felony if the amount of drug involved was five grams or more but less than ten grams.
Let us help you protect your freedom and your future by aggressively fighting drug possession charges in Indiana. Under Indiana possession laws, anyone in possession of a controlled substance without a valid prescription is guilty of a Class A misdemeanor. In their strictest form, these laws prohibit drivers from driving a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i. If a defendant pleads guilty to a misdemeanor of possession of marijuana, hashish, hashish, or sage), the court may delay filing a conviction and instead place the person under supervision of conditions, such as drug counseling.
