Tag Archives: drug charge lawyer

Where to Get Information About Indiana Drug Schedules and Categories

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Although every drug is categorized in a schedule, Indiana Code allows the Indiana State Board of Pharmacy to suggest modifications and deletions to the state legislature at any time. If you are facing drug crime charges in the Hoosier state, it is important to educate yourself on these schedules so that you are well-prepared for your initial hearing and the court appearances that follow.

Continue below to learn where you can get information about Indiana drug schedules and categorization that is pertinent to your criminal case.

Drug Charge Lawyers Indianapolis Indiana 317-636-7514
Drug Charge Lawyers Indianapolis Indiana 317-636-7514

Indiana’s Classification of Drugs

In Indiana, a classification system is used to categorize and define all drugs and controlled substances according to their abuse potential and addictive nature. These classifications are called “schedules” and were developed by Federal government and Indiana legislature. They range in number, from 1 to 5, and can also be influenced by other factors, including the level of acceptance for medical treatment, physical dependence, and psychological dependence.

Indiana Drug Schedule 1 Through 5

Schedule 5 (V) drugs are considered to be the least dangerous and addictive, with the lowest risk of dependency (addiction). Examples include non-narcotics such as Tylenol, Codeine, and similar OTC drugs.

Schedule 4 (IV) drugs are considered to have a slight risk of physical or psychological dependency, but a wide range of medically accepted uses. Examples include tranquilizers, clonazepam, diazepam, loprazolam, alprazolam, midazolam, carisoprodol, methohexital, and modafinil, clorazepate, triazolam, temazepam, and similar benzodiazepines.

Schedule 3 (III) drugs are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. Examples include testosterone, anabolic steroids, ketamine, codeine, chlorphentermine, nalorphineand Buprenorphine (Suboxone), phendimetrazine, and benzphetamine.

Schedule 2 (II) drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. Examples include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital, and phenmetrazine.

Schedule 1 (I) drugs are considered to be the most dangerous and have the highest abuse potential. Examples include heroin, mescaline, peyote, benzylpiperazine, psilocybin, methaqualone, MDMA (Ecstasy), LSD (Lysergic Acid Diethylamide), and tetrahydrocannabinols (THC). Yes, that’s right; marijuana is a Schedule one drug in Indiana, so the potential penalties will be high if these are the charges you face. Be sure you have a skilled lawyer working your defense.

To learn everything that you need to know about your current drug charges and how they relate to Indiana’s drug schedule, contact an experienced criminal defense law firm in Indianapolis. Call the Law Office of David E. Lewis at 317-636-7514 to speak with an aggressive and experienced drug charge lawyer in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

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What to Do if You are Facing Prescription Drug Charges in Indianapolis

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Getting caught with illegal prescription drugs is a serious crime in our state. If it happens to you, act now to protect yourself. Don’t fall victim to the maximum penalties for your prescription drug charges in Indiana. Let a seasoned Indianapolis criminal defense attorney build an impactful defense to protect your rights and preserve your freedoms.

Continue below to learn exactly what you need to do to ensure your criminal defense is aggressive enough to reduce or dismiss your Indiana prescription drug charges.

Prescription Drug Charge Lawyer Indiana 317-636-7514
Prescription Drug Charge Lawyer Indiana 317-636-7514

Prescription Medications are a Schedule II Drug in Indiana

According to Indiana Code 35-48-2-6, Schedule two drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. A drug can be classified as a Schedule II if it has high abuse potential, is either medically accepted or has severe medical restrictions, and causes physical and psychological dependence.

Prescription drug crimes have become an exponential epidemic in the United States over the past five years. And Since Indiana does not see drug addiction and usage as a health epidemic, but rather a crime, there will always be a need for a tough criminal defense drug crime lawyer in Indianapolis.

Your First Step After Being Arrested on Prescription Drug Charges

If you have been recently arrested for prescription drug possession or trafficking, you need David E. Lewis, Attorney at Law, on your side. He will build a strong custom defense based on your unique case circumstances to obtain a better outcome for you in court.

Attorney David E. Lewis understands just how damaging a prescription drug conviction can be to a person’s life, as well as the lives of their loved ones. It can negatively affect almost every aspect, from student financial aid and employment possibilities to child custody privileges, housing rental, loans, driving privileges, and much more.

For this reason, the law firm of David E. Lewis stays ahead of the trial and investigates and argues every facet and allegation of a client’s case to preserve their constitutional rights as well as their future. Contact us today at 317-636-7514 so we can begin to fight your Indianapolis IN prescription drug charges. We represent clients all throughout the state of Indiana.

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Information You Need to Know About Prescription Drug Abuse in Indiana
State and Federal Penalties for Getting Caught With Prescription Drugs
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Examples of Federal Laws That Conflict With State Laws

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Just because an act is legal under state law does not mean it is legal under Federal law, and vice versa. Continue reading to learn a couple of examples that fit this scenario, as well as, what you should do if you are facing prosecution for such laws.

Indiana Criminal Defense Lawyer 317-636-7514

Indiana Criminal Defense Lawyer 317-636-7514


In our country, there is a definite history of conflict between state and federal laws. Today, you can still find such conflicts surrounding controversial topics. Two of the most publicized laws that conflict between state and federal rule are same sex marriage and marijuana use.

Marijuana Usage

Recreational and medical marijuana use is legal in some state, but it is illegal under federal law. Currently, Washington and Colorado are the only two states that permit the legal recreation use of marijuana, while many other states permit legal medical marijuana use with a valid doctor’s prescription. This can cause conflicts in court since marijuana use is not legal under federal law since it is deemed a controlled substance. Even growers and possessors of marijuana in the state-allotted amounts can be arrested by federal authorities and prosecuted. And although businesses are legally allowed to sell marijuana, and even given state-licenses to do so, they cannot open bank accounts nor accept credit card payments because banks are not allowed to do business with them under federal law.

Same Sex Marriage

Since marriage licenses are issued by local governments, marriage is traditionally a state issue. When it comes to same sex marriage, it is legal in many states, but not all, and federal law can trump this. Back in 2013, California voters enacted a law to ban gay marriage, but federal law deemed this enactment unconstitutional, so it was overturned. When this decision was appealed, the U.S. Supreme Court refused to make a ruling on the appeal. As of 2015, same sex married couples in the United States have equal access to all the federal benefits that married opposite-sex couples have, even if it is illegal under state law.

Rules for Conflicting Law

There are some resolutions that come into play when state and federal law conflict:

⚖ When a person has more rights under state law than they do under federal law, the state law will legally prevail.

⚖ If state law enforces more responsibility on its citizens than federal law does, the state law will legally prevail.

⚖ If state and federal law clearly conflict, the federal law will prevail. For instance, when a state law specifically permits an act that the federal law specifically forbids, federal law will overcome state law.

Charged With a Misdemeanor or Felony Offense in Indiana?

David E. Lewis Attorney at Law 317-636-7514

David E. Lewis Attorney at Law 317-636-7514

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Are Synthetic Drugs Illegal?

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Drug Crime Lawyer Indianapolis Indiana

Drug Crime Lawyer 317-636-7514

Synthetic drugs are artificial versions of well-known illegal street drugs like marijuana, cocaine, and heroin. They have gained a substantial amount of popularity over the years because they give similar highs at a lower cost. From marijuana knock-offs like Spice and K2, to synthetic versions of opiates like cocaine and heroin, artificial drugs come in a variety of forms, and are consumed by kids, teens, and adults alike. But are synthetic drugs legal? Many people are under the impression that artificial drugs are legal since they are “fake.” But these people are misinformed.

Continue reading to learn the basics surrounding the legalities of synthetic drugs so that you are better protected and prepared
for the consequences of possession and use.

Illegal in Indiana

Synthetic drugs are illegal in Indiana, as well as, most states across the country. And the laws surrounding the prosecution for possession, consumption, and distribution are highly-complex. In fact, there have been a couple recent cases where the Indiana Court of Appeals said the synthetic drug laws are unconstitutional because they are too vague and complex for a regular person to understand.

Regardless if artificial or not, in order for a person to be convicted of drug possession or trafficking, the prosecution must prove that the defendant knew the drug was an illegal substance. But this also presumes that if a substance is listed in the state’s statutes, a person should know it’s illegal. For this reason, it is complicated for the state to prosecute someone, so it is ultimately at the discretion of the Indiana Supreme Court to decide the validity of synthetic drug laws.

Although these complexities exist, it does not mean you are safe from conviction. You can still be convicted for a synthetic drug charge in Indiana. This is why it is critical to your future and your freedom to retain the services of a skilled criminal defense attorney that can challenge and scrutinize the prosecution in your synthetic drug charge case.

Indiana Criminal Defense

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced drug crimes lawyer in Indianapolis, Indiana. When you are facing drug charges in Indiana, you need a skilled criminal lawyer that will fight for your rights in order to preserve your freedoms. He is that criminal defense lawyer in Indiana you can trust when you are charged with drug possession in Indianapolis and its surrounding counties. Call 317-636-7514 for schedule a free initial consultation to discuss the best strategies for defense, today.