Experienced Defense for Marijuana Charges in Central Indiana
Marijuana laws in Indiana are harsher than marijuana laws across the country. While an Indianapolis marijuana attorney will be able to provide you with more detailed information, marijuana can be classified one of several ways:
- In states like Colorado and Washington, private possession of up to 1 oz. by persons 21 or older carries no penalty.
- Possession penalties vary by amount from state to state, but punishment is usually not severe, as maximum fines are just a few hundred dollars.
- Use of marijuana without a medical prescription is punishable as a misdemeanor or felony, depending on state and gravity of offense.
- A state where marijuana use or possession is considered illegal carries the harshest punishment, with potential jail time and fines.
Marijuana Laws in Indiana
In Indiana, marijuana is classified as an illegal substance. It is categorized as a Schedule I drug, which the DEA classifies as the most dangerous drugs with no medical value. Other drugs in this class include LSD, ecstasy, and peyote. Indianapolis marijuana lawyer Chris Eskew has a thorough understanding of the criminal justice system in Indiana and can help you get your charges dismissed or dropped.
Possession of marijuana as a first time offender is classified as a Class B misdemeanor. These carry a maximum sentence of 180 days in jail and a fine of no more than $1,000. For subsequent offenses of possession of less than 30 grams, crimes are labeled as a Class A misdemeanor, which have a maximum sentence of one year and a fine of up to $5,000. For those who have a prior drug conviction and are found to be in possession of more than 30 grams of marijuana, a Level 6 felony charge is possible, carrying a potential sentence of six months to 2.5 years, as well as a maximum fine of $10,000.
Sale or Distribution
Selling or growing marijuana is classified as a Class A misdemeanor if the defendant is selling fewer than 30 grams. Any subsequent convictions are categorized as Level 6 felonies. Selling between 30 grams and 10 pounds of marijuana is punishable as a Level 6 felony.
The sale of more than 10 pounds of marijuana, or the sale of any amount to a minor, is punishable by one to six years in prison and fines up to $10,000. This is a Level 5 felony.
Hash, Hash Oil, and Hashish
Possession and distribution of marijuana concentrates carry stiff penalties in Indiana, as well.
- Possession of hash, hash oil, or hashish, or the manufacture of fewer than five grams, is a Class A misdemeanor for first time offenders.
- Possession of more than two grams, subsequent offenses, or the manufacture of 5 to 300 grams of marijuana concentrates is a Level 6 felony.
- The sale or distribution of over 300 grams, or any amount sold to a minor, is classified as a Level 5 felony.
In the state of Indiana, it is considered unlawful to possess, distribute, or manufacture drug paraphernalia. Conviction of any of these is considered a Class A Infraction and may result in up to a $10,000 fine. Subsequent convictions are categorized as Level 6 felonies and may result in six months to 2.5 years in prison and up to an additional $10,000 in fines.
Contact an Indianapolis Marijuana Attorney for a Consultation
Though Indiana’s laws regarding marijuana use are harsh, the right legal defense can give you the best result possible. If this is your first offense, you may be able to obtain a “conditional release.” This is essentially a free pass – you may be required to do community service or attend a drug abuse class, but the offense will not go on your criminal record.
If you are seeking counsel for repeated offenses, the right Indianapolis criminal defense lawyer can work with you to enter a plea to negotiate a lesser sentence or fee than the maximum allowed by law. It is important to retain counsel as soon as possible.
If you have any questions or wish to utilize our services, contact us for more information.