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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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Can I Get in Trouble for Mailing Weed in Indiana?

Can I Get in Trouble for Mailing Weed in Indiana?

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Marijuana is legal for medicinal and recreational use in an increasing number of states across the country, but not Indiana. In the Hoosier state, cannabis is still illegal in all regards. Yet, there is a buzzing confusion among Indiana residents on shipping or transporting legal marijuana back home. As a result, many cannabis users continue to find out the hard way that mailing weed or weed products in and out of Indiana is a recipe for trouble, legal trouble to be specific.

Scroll below to review some facts about what happens if you get caught shipping marijuana in Indiana, as well as the consequences for transporting legally-purchased cannabis products back to Indiana.

Marijuana Criminal Lawyer Indianapolis Indiana 317-636-7514
Marijuana Criminal Lawyer Indianapolis Indiana 317-636-7514

Marijuana Shipment is Illegal in Indiana

Not only is the shipping of marijuana and cannabis products illegal in Indiana, but it is also a violation of Federal law seeing as though the United States Postal Service (USPS) is a branch of federal government. This means that the consequences for committing such offenses are more serious for those charged and convicted. Having a misdemeanor on your permanent record is one thing but a felony can have lasting negative effects on your overall quality of life.

Marijuana in all forms is illegal in Indiana, including flower form, plant form, THC oil, edible and drinkable cannabis goods, and seeds. The only exception is low THC level oil obtained from industrial hemp, which is legal to ship in Indiana and under Federal law.

Common Penalties for Mailing Weed and Cannabis Products

So, what happens if you mail marijuana and get caught? Well, let’s start by noting that Indiana Drug Trafficking Laws are among the strictest, and mailing marijuana is considered trafficking. Whether you knowingly or intentionally mailed marijuana or received it in the mail from another party, you face serious penalties if caught and convicted.

No Previous Drug Convictions, Under 30 Grams:

□ Class A Misdemeanor
□ Up to 1 Year in Jail
□ Up to $5,000 in Fines
□ Miscellaneous Court Orders
□ Probation

No Previous Drug Convictions, 30 Grams to 10 LBS:

□ Level 6 Felony
□ 6 Months to 2.5 Years in Jail
□ Up to $10,000 in Fines
□ Miscellaneous Court Orders
□ Probation

Previous Drug Conviction Under 30 Grams:

□ Level 6 Felony
□ 6 Months to 2.5 Years in Jail
□ Up to $10,000 in Fines
□ Miscellaneous Court Orders
□ Probation

Previous Drug Conviction Under 30 Grams:

□ Level 5 Felony
□ 1 to 6 Years in Jail
□ Up to $10,000 in Fines
□ Miscellaneous Court Orders
□ Probation

What to Do if You are Arrested For Mailing Drugs in Indiana

Whether you have just been released on bond after being arrested for mailing illegal substances in or out of Indiana or simply suspect that you soon will be, your best option is to contact a licensed criminal defense attorney in Indianapolis. They can take full control of your case, protecting your rights and preserving your freedoms.

Ready to speak with a skilled and qualified lawyer about your case? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and experienced criminal defense for drug crimes in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

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Can I Get Arrested For My Friend’s Drugs?
How a Pretrial Diversion Program May Reduce Your Sentence

Current News on the Decriminalization of Marijuana

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Currently in Indiana, and under federal law, marijuana consumption, possession, distribution, trafficking, and cultivation are all illegal, and punishable by jail time, fines, and much more. Although several states within the country have decriminalized marijuana on local and state levels, marijuana continues to be against the law in the eyes of the federal government. However, Senate Democrats have recently unveiled a new bill that would decriminalize marijuana on a federal level.

Continue reading to learn some facts regarding the current news on the decriminalization of marijuana, as well as what you need to do right now if you are facing marijuana drug crimes in Indiana.

Indianapolis Marijuana Crime Lawyers
Indianapolis Marijuana Crime Lawyers 317-636-7514

Facts About the New Federal Marijuana Decriminalization Bill

Yesterday, Wednesday, July 14th, Democratic Leader Chuck Schumer and Senators Cory Booker and Ron Wyden led the unveiling of the new Federal marijuana decriminalization bill. Although this new draft does not legalize the sales and distribution of cannabis products and marijuana itself, it does decriminalize it by ending federal enforcement against marijuana crimes.

During the unveiling of this new potential bill, Sen. Cory Booker pointed out that in 2019 alone, there were more arrests for minor marijuana offenses than there were for violent crimes. Ultimately, the Democrat’s mission is to in the war marijuana.

How the Bill Can Help

Senate Democrats suggest that this could be monumentally advantageous to our economies, and as a state in whole. According to Sen. Ron Wyden, the passing of this bill would help generate revenues that would be directly applied to the support and restoration of those whose lives were affected by the war on drugs.

Democratic Leader Chuck Schumer stated that many of these outdated federal laws, such as the one on minor, non-violent marijuana crimes, significantly impact people’s lives in a negative way, holding them back from employment opportunities, good income, good credit, and simply being able to live a normal life.

In addition to promoting leniency against minor marijuana offenses, this new bill also pushes for justice for minority groups.

There are Many Who are Opposed

However, there are some opposed to this new potential marijuana decriminalization bill. For instance, Luke Niforatos with Smart Approaches to Marijuana insists that if this bill were to be passed, it would be harmful to our society. He strongly believes that this idea of decriminalizing marijuana is aligned with the same type of company missions created by tobacco, alcohol and big Pharma, stating, “It’s invested in by tobacco, alcohol and pharma — the drug is much more potent and much more addictive than it’s ever been (…)”.

Will it Pass?

If this bill were to pass, it would decriminalize marijuana on a federal level, but still allow states to keep marijuana illegal on a state level. In addition to legislation removing marijuana from the list of federal controlled substances, thus allowing cannabis-based business to be eligible for banking, as well as regulate and tax all marijuana sales.

Upon the passing this bill, marijuana sales up to 10 ounces for individuals 21 and older would be permitted. Furthermore, there would also be criminal expungement rights to seal or destroy criminal records for those who were charged and convicted with a minor or non-violent marijuana offense in the past.

In order for the new federal marijuana decriminalization bill to be passed, at least 10 Republicans must be in agreements and vote for the bill to move forward. It is very likely that this bill will see more revisions before it is officially introduced.

Current CBD and Marijuana Laws in Indiana

Currently in Indiana, possession of just a single marijuana joint is punishable by up to one year in jail and a fine of up to $5,000. Our state is one of the few state’s left that still imposes imprisonment penalties for minor and nonviolent marijuana offenses.

CBD oils and vape pens have been legal in Indiana since 2018, when Gov. Eric Holcomb legalized low-THC CBD derived from industrial hemp. There are now many CBD stores and retailers all across the state that sell a wide variety of CBD-based products, legally. So long as a CBD product meets certain labeling requirements and has 0.3 percent or less THC content, it is perfectly legal under state and federal law.

Are you currently facing misdemeanor or felony marijuana charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned marijuana crime lawyer in Indianapolis, Indiana. Get started on your drug crime defense now!

You Should Also Read:

Marion County Grants Legal Leniency for Minor Marijuana Offenses
Is it Legal to Buy Marijuana in Illinois and Bring it Back to Indiana?
Can I Buy Marijuana in Michigan and Bring it Home to Indiana?

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Can I Buy Marijuana in Michigan and Bring it Home to Indiana?

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Michigan has joined the various other states in their 2018 ballot initiative to legalize recreational and medical marijuana consumption. This means that Michigan residents, 21 years and older, are able to possess, transport, use, and even grow marijuana. As a bordering state to Indiana, many Hoosiers want to know if they can visit Michigan, purchase marijuana products, and then bring them home to Indiana for personal use. This is a very relevant and predictable inquiry, as marijuana laws are constantly changing around the country, every day.

Continue reading to learn what you need to know as an Indiana resident visiting Michigan.

Marijuana Possession Lawyer 317-636-7514
Marijuana Possession Lawyer 317-636-7514

Michigan Residents

Before Michigan enacted their marijuana legalization laws, possession of marijuana was a misdemeanor crime, punishable by 1 year in jail and $2000 in fines. Trafficking and cultivation rendered even more serious penalties. But in late 2018, Michigan inducted the Michigan Regulation and Taxation of Marijuana Act (MRTMA) after their ballot to legalize recreational and medical marijuana was approved by voters.

So Michigan state law now permits the consumption and possession of recreational and medical marijuana. But keep in mind that even though it is legal under state law, it is still illegal under Federal law throughout the entire country by way of the Controlled Substance Act. For Michigan residents, this means that, at any time, the state laws regarding marijuana can be overturned by Federal legislation.

Indiana Residents

Here in Indiana, marijuana is illegal across the board. And there is no talk of legalizing it anytime soon. So if you decide to visit Michigan and purchase marijuana, you CANNOT bring it back across Indiana borders. If you do, and you are caught by law enforcement, you will be prosecuted according to Indiana’s drug schedule. Read our blog, “An Introduction to Indiana Drug Schedules” to learn what this could mean in terms of penalties and repercussions.

Charged With a Marijuana Crime?

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your marijuana drug charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

Current Law Enforcement Trends for Detecting High Driving

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Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

Many states with the U.S. are moving toward some form of legalization for cannabis, or marijuana. However, Indiana is not one of those states. Driving high will render you the same legal consequences as driving drunk here in the Hoosier state. But how do cops know a person is under the influence of marijuana? Testing for alcohol is a much easier process, but law enforcement is finding new ways every day to monitor and regulate the increasing amounts of high drivers.

Driving Drunk

When is a driver is suspected of being under the influence, cops simply use a variety of tests to read gauge their level of intoxication, otherwise known as blood alcohol level (BAC). This includes breathalyzer tests, which have been used since the early 1930’s, as well as, field observation tests and blood tests. Having a blood alcohol level higher than 0.08% will get you a drunk driving charge, which is a serious criminal offense in Indiana. Sadly, the majority of fatal car crashes are alcohol-related. Regulating blood alcohol levels is easy to do, and has been for quite some time, however, the story is not so similar in terms of driving high.

Driving High

Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

Currently in Indiana, there is not an accurate, roadside equivalent test for marijuana, but there is a zero tolerance policy for driving high. And although it is more difficult to test for cannabis during a routine traffic stop, it may be possible. Officers are trained to look for a wide range of visual, physical, and behavioral signals that are known indicators of intoxication. This includes impaired speech, bloodshot eyes, lack of focus, odd behavior, residual marijuana smell (or smoke), and more. They can also implement standardized field sobriety tests (horizontal gaze nystagmus, walk and turn test, one-leg stand) to gauge a person’s reflexes and agility.

There are a variety of roadside oral fluid testing devices being tested by select law enforcement departments. These devices basically swab a person’s saliva, but they are not yet proven or even approved methods of measuring THC in Indiana. In states where recreational or medicinal marijuana are legal, it is allowed to drive with a certain, pre-determined level of THC, or Tetrahydrachloride (the chemical in cannabis that appears on drug screens). For example, Colorado allows up to 4 nanograms of THC in a drivers system, legally. Anything higher is considered intoxicated driving.

Indianapolis Criminal Defense Lawyer

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing marijuana drug charges in Indiana. Our law firm works day and night to develop a strong and impactful defense for your case. We do everything in our power to protect your rights, preserve your freedoms, and obtain the fairest outcome possible for your case. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer who will fight for you.