A Guide to Navigating the Legal System After a Drug Possession Arrest in Indiana

Posted on July 5, 2023 by admin

If you have been arrested for drug possession in Indiana, you may be feeling overwhelmed and uncertain about what to do next. Navigating the legal system can be complicated and intimidating, but it is important to understand your rights and how to protect yourself.

In this blog post, we will provide a guide for navigating the legal system after a drug possession arrest in Indiana. We will discuss the charges that may apply under state law, potential defenses against those charges, and other considerations related to criminal defense in Indiana. With this information in hand, you can make informed decisions about your case as well as seek out professional help from an experienced attorney if needed.

Call 317-636-7514 to Speak With a Drug Possession Lawyer in Indianapolis Indiana

Drug Possession Laws in Indiana

Under Indiana law, a drug possession charge can refer to several different types of criminal offenses. Depending on the type and quantity of drugs involved in the arrest, you may be charged with either a felony or misdemeanor offense. If convicted of a felony, you could face serious consequences such as jail time, fines, and other penalties. Additionally, if convicted of certain drug-related offenses in Indiana, your driver’s license may also be suspended for up to two years.

Indiana Drug Schedules

Indiana Drug Schedules are an essential tool for healthcare providers and law enforcement to manage the distribution and use of controlled substances. These schedules categorize drugs on a scale (I through V) based on their potential for abuse, the likelihood of dependence, and their accepted medical use. The state of Indiana follows the federal drug scheduling system, which ranges from Schedule 1 drugs, like heroin, with no accepted medical use and a high potential for abuse, to Schedule 5 drugs, like cough syrup with codeine, which have low potential for abuse and accepted medical uses. It is important to understand the Indiana Drug Schedules to ensure safe and legal use of these controlled substances.

Possible Defenses for Drug Possession Charges

Fortunately, there are potential defenses that can help you fight these charges in court. For example, if the police conducted an unlawful search and seizure when they arrested you for drug possession, this evidence may not be admissible in court and could result in the dismissal of your charges. Additionally, if you have a valid prescription for the drugs in question, you may be able to use this as a defense against the charges.

It is also important to understand that all drug possession cases are unique and require careful analysis by an experienced criminal defense attorney. An attorney can review the facts of your case, provide advice on potential legal strategies for defending yourself, and ensure that your rights are fully protected throughout the process. In many cases, a lawyer can also help negotiate with prosecutors to reduce or dismiss the charges against you.

In Summary

By understanding your rights and familiarizing yourself with the legal system after a drug possession arrest in Indiana, you will be better equipped to make informed decisions about your case. If you find yourself facing a drug possession charge in Indiana, seek legal advice from an experienced criminal defense attorney right away. With their help, you can better understand the charges against you and make informed decisions about your case.

We hope this guide helps you traverse the legal system after a drug possession arrest in Indiana. If you have any questions or need further assistance, contact the Law Office of David E. Lewis at 317-636-7514 to schedule a no-obligation consultation with an experienced criminal defense lawyer in Indianapolis. We can get you the best possible outcome in court for drug possession charges and more. Act now while there is still time to build a strong case!

Where to Get Information About Indiana Drug Schedules and Categories

Posted on August 26, 2022 by admin

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.

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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.

How are Drugs Categorized in Indiana?

Posted on November 16, 2021 by admin

In Indiana, a classification system categorizes all illicit drugs and controlled substances according to their risk or potential of abuse and addiction. Drug classifications, referred to as schedules, are numbered on a scale from 1 to 5 and can be influenced by several factors, including the level of tolerance for medical treatment, physical dependency, and psychological dependency.

Although drug schedules are developed and regulated by the Federal government and Indiana legislature, the Indiana State Board of Pharmacy is legally permitted to suggest modifications, additions, and omissions to the state legislature at any time. So, while marijuana may be a Schedule I drug now, by next year it could change without warning.

Continue below to learn about schedule 1 through schedule 5 drugs, including possible sentences for such drug convictions in Indiana.

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State Drug Schedules and Examples

Schedule 5 Drugs

A drug is a Schedule 5 substance if it has lower abuse potential than a Schedule 4 drug, is medically accepted, and is less likely to cause physical or psychological dependency than a Schedule 4 drug. This includes non-narcotics such as Tylenol, Codeine, and similar OTC drugs.

Schedule 4 Drugs

A drug is a Schedule 4 substance if it has lower abuse potential than a Schedule 3 drug, is medically accepted, and causes limited physical or psychological dependency than that of a Schedule 3 drug. This includes drugs like tranquilizers, clonazepam, diazepam, and similar benzodiazepines.

Schedule 3 Drugs

Schedule three drugs are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. This includes drugs like testosterone, anabolic steroids, ketamine, codeine, and Buprenorphine (Suboxone).

Schedule 2 Drugs

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. Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, methamphetamines, amphetamines, hydrocodone, morphine, oxycodone, and methadone.

Schedule 1 Drugs

Schedule one drugs are considered to be the most dangerous and have the highest abuse potential. They have a high potential for physical and psychological dependency, with no legitimate medical purposes or uses. Drugs like this include heroin, mescaline, peyote, tetrahydrocannabinols (THC), MDMA (Ecstasy), and LSD (lysergic acid diethylamide).

What to Expect From a Drug Conviction in Indiana

The level of punishment for drug crimes largely depends on two factors: the type of illegal substance and the quantity of it. Such penalties range in severity, from minor fines and short-term probation to first degree felonies and mandatory jail time. Habitual violations for the same offense or drug, as well as various other factors, will also impact the severity of a person’s drug-related sentence.

Are you currently facing drug charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for intelligent and skilled drug crime attorney in Indianapolis, Indiana. We represent adults and juveniles in drug possession, drug trafficking, and drug manufacturing cases.

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An Introduction to Indiana Drug Schedules

Posted on June 6, 2018 by admin

If you or someone you love was recently arrested on drug charges, whether for possession or trafficking, it is important to understand the penalties they may face. Continue reading to learn the basics surrounding Indiana’s drug schedules, and what you should do if you are facing drug charges right now.

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In our state, the law uses a grouping system to classify and delineate all drugs and controlled substances according to their abuse potential and addictive nature, including both legal and illegal drugs. These groupings, called “schedules”, were developed by the Federal government and Indiana legislature. They range in number and severity, from 1 to 5 (often represented in numeral letters, I – V), and can also be influenced by other factors, including the level of acceptance for medical treatment, physical dependence, and psychological dependence.

Schedule Ⅴ Drugs

Schedule 5 drugs fall under Indiana Code 35-48-2-12. They are considered to be the least dangerous and addictive and pose the lowest risk of dependency. This includes non-narcotics such as Tylenol, Codeine, and similar OTC drugs. A drug is a Schedule 5 substance if it has lower abuse potential than a Schedule 4 drug, is medically accepted, and is less likely to cause physical or psychological dependency than a Schedule 4 drug.

Schedule Ⅳ Drugs

Schedule 4 drugs fall under Indiana Code 35-48-2-10. They are measured to have a slight risk of physical or psychological dependency, but has a wide range of medically-accepted uses. This includes drugs like tranquilizers, clonazepam, diazepam, loprazolam, alprazolam, midazolam, carisoprodol, methohexital, and modafinil, clorazepate, triazolam, temazepam, and similar benzodiazepines.A drug is a Schedule 4 substance if it has lower abuse potential than a Schedule 3 drug, is medically accepted, and causes limited physical or psychological dependency than that of a Schedule 3 drug.

Schedule Ⅲ Drugs

Schedule 3 drugs fall under Indiana Code 35-48-2-8. They are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. This includes drugs like testosterone, anabolic steroids, ketamine, codeine, chlorphentermine, nalorphineand Buprenorphine (Suboxone), phendimetrazine, and benzphetamine.

Schedule Ⅱ Drugs

Schedule 2 drugs fall under Indiana Code 35-48-2-6. They are deliberated 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. Schedule II drugs 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 Ⅰ Drugs

Schedule one drugs fall under Indiana Code 35-48-2-4. They are classified to be the most dangerous and have the highest abuse potential. They have a high potential for physical and psychological dependency, with no legitimate medical purposes or uses. Drugs like this include heroin, mescaline, peyote, benzylpiperazine, psilocybin, tetrahydrocannabinols (THC), methaqualone, MDMA (Ecstacy), and LSD (lysergic acid diethylamide).

For a complete list of controlled substances and Indiana drug schedules, Visit the U.S. Department of Justice Office of Diversion Control website.

Indianapolis Drug Defense You Can Trust

David E. Lewis Criminal Defense Attorney

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense for drug crimes in Indianapolis, Indiana. We never stop fighting to preserve your rights and your freedoms. Plus, we offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your defense!

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