Navigating Drug Possession Laws in Indiana: A Guide for Hoosiers

Posted on April 19, 2024 by admin

While the topic might not appear to touch everyone’s daily life, drug possession laws in Indiana are far-reaching. Whether you’re a resident, law enforcement officer, or legal professional, understanding the intricacies of these laws can be critical. From recognizing the scope of drug schedules to comprehending potential penalties and available defense strategies, this guide aims to shed light on what you need to know about drug possession in the Hoosier state.

But first, why the fuss? Possession charges, depending on the substance and amount, can lead to fines, probation, and even incarceration. This is a topic that deserves our undivided attention – not as a sensational scare tactic, but as the foundation for informed and responsible citizenry in Indiana. In this expansive post, we’ll break down, step by step, what drug possession laws mean for you or a loved one, should you find yourself in the unfortunate circumstances of facing these charges.

Call 317-636-7514 When You Need a Skilled Drug Possession Attorney in Indianapolis Indiana

Indiana’s Drug Possession Laws

Indiana’s drug possession laws are based on maintaining public safety and health, with an emphasis on reducing drug-related harm. The state classifies drugs into different schedules, determining the severity of possession charges and penalties based on potential for abuse, recognized medical benefits, and other factors.

Drug Schedules

Indiana adheres to a five-level drug schedule, each level representing a particular class of substances. Schedule I includes drugs with a high potential for abuse and no accepted medical use, such as marijuana and LSD. At the other end, Schedule V drugs are considered to have a low potential for abuse and accepted medical use, like certain cough medicines.

Drug Possession Charges

Your understanding of the drug schedule is crucial, as it dictates the legal consequences of possession. Higher scheduled drugs lead to more severe charges. For instance, possession of a schedule I or II controlled substance like heroin can result in a Level 5 felony charge, carrying a potential sentence of up to six years in prison and a fine of $10,000.

How Indiana Law Deals With Drug Possessors

The Indiana code provides specific definitions and penalties for drug possession. However, the state’s approach is not solely punitive; it offers diversion and drug court programming to support rehabilitation efforts.

Marijuana Possession and Indiana Law

Possession of marijuana is regulated by its own set of laws, with recent changes that have decriminalized small amounts for personal use. Despite this, penalties still exist, especially when dealing with greater quantities or in the presence of children or near schools.

Controlled Substances and Their Penalties

The possession of controlled substances, as defined by the schedules mentioned earlier, is strictly regulated. Understanding the nuances of these laws is critical to building a defense or discussing a plea.

Misuse of Prescription Medications

Dealing with prescription drugs, even those legally obtained, without a valid prescription can lead to criminal charges. The state pays close attention to the trafficking and abuse of such substances, particularly those classified under the controlled substance schedules.

Strategies for Defending against Drug Possession Charges

Being charged with drug possession is not the end of the story. There are legal avenues to explore for a robust defense, which includes challenging the legality of the search and seizure that led to the charges, disputing the actual possession or the substance in question, or claiming the drugs were someone else’s and not within your control.

Search and Seizure Challenges

Illegal searches that violate your rights can lead to a favorable outcome in your case. If drugs found in your possession were the result of an unlawful search and seizure, the evidence might be inadmissible in court.

Disputing Possession

Proving actual possession – meaning the drugs were on your person – can be a high bar for the prosecution. If the substances were in an area accessible to multiple individuals, it might be challenging to prove who had actual control over them.

Substance Disputes

The state must prove beyond a reasonable doubt that the substance in question is the controlled substance they claim it to be. This can include challenging the accuracy of drug tests, especially in cases where only a small amount is present.

The “It’s Not Mine” Defense

While this can be more difficult to prove, establishing that the drugs didn’t belong to you and were not in your control can be a valid defense. Typically, this argument should also provide a plausible explanation of why you were in possession of the substance or how it ended up where it was found.

Indiana Drug Court: A Path to Rehabilitation

The Indiana drug court program offers an alternative to traditional sentencing, focusing on rehabilitation and treatment. Entering a drug court program, if eligible, could lead to a reduction or even dismissal of charges upon successful completion.

Eligibility and Requirements

Eligibility requirements for drug court include certain criminal history criteria and a substance abuse assessment. The program requires regular court appearances, random drug testing, and active participation in a treatment plan.

Benefits of the Drug Court Program

Participation in drug court can lead to reduced charges, shorter sentences, or even the dismissal of charges. The program emphasizes recovery and skill-building to address the root causes of substance abuse, offering a more holistic approach to drug-related crime.

Moving Forward After a Criminal Charge for Drugs

When it comes to drug possession charges, knowledge truly is power. This guide provides a solid foundation for understanding what you might face and how to begin navigating the complex legal waters. Remember that each case is unique, and consulting with a qualified criminal defense lawyer will be invaluable.

Contact a Legal Professional

If you or someone you know is facing drug possession charges, the best step is to contact an experienced and dependable criminal defense attorney. A legal professional can provide tailored advice, build a strategic defense, and guide you through the legal process with expertise.

Leverage Local Support and Resources

Local support groups, community organizations, and the Indiana drug court program are there to help individuals struggling with substance abuse. Utilizing these resources can not only strengthen your defense but also pave the way for a better, healthier future.

Stay Informed and Vigilant

The laws around drug possession can change, which is why staying informed and vigilant is crucial. Keep an eye on legislative updates and, when in doubt, seek clarity from knowledgeable legal sources.

Wrapping Up

By educating Hoosiers on the impact of drug possession laws, we’re empowering individuals to make conscious choices and understand their rights. This knowledge might mean the difference between a hefty legal battle and a second chance. For more specific guidance on your situation, it’s best to engage directly with a legal professional—because, in the case of drug possession charges, you never want to be without a knowledgeable ally.

Remember, this guide is just the beginning. The road ahead may be daunting, but arm yourself with information, seek support, and remember that every challenge also presents an opportunity for change. Act wisely, take charge of your path, and turn away from the shadows of substance abuse towards the brighter days ahead.

Looking for aggressive criminal defense that can get you the best possible outcome in court for your possession charges? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned Indianapolis criminal defense lawyer who can skillfully fight your drug possession charges in Indiana. Act now while there is still ample time to build your defense and secure your freedoms.

Unpacking the Legal Status of Marijuana Across the United States

Posted on December 22, 2022 by admin

The cannabis industry is rapidly evolving in the United States as more states legalize cannabis for medical and/or recreational use. With this shift, it can be difficult to keep up with the changing legal status of cannabis across the country. In this blog post, we’ll take a closer look at cannabis laws across the nation, discuss differences between medical and recreational cannabis use, and explore what the future may hold for cannabis legalization nationwide. We’ll also dive into Indiana’s specific laws regarding marijuana.

By understanding these rules, you can stay informed on your rights and responsibilities when it comes to cannabis consumption. Let’s get started!

Call Our Indianapolis Marijuana Criminal Lawyers at 317-636-7514 Today.

Cannabis Laws Across the United States

The marijuana laws across the United States have changed rapidly in recent years, although marijuana is still illegal at the federal level. Each state has adopted different marijuana regulations, resulting in a patchwork of marijuana laws that vary between jurisdictions. Some states are more lenient than others, allowing marijuana use for medicinal purposes while others permit recreational marijuana consumption.

Despite this variance, it’s important to remember that cannabis remains illegal at the federal level and possession and sale of marijuana can lead to serious legal consequences when crossing state lines or entering federal property. With changing public opinion on marijuana, research has indicated that legal marijuana markets can provide economic benefits with proper regulation and taxation. This could be a potential source of revenue for governments struggling with budget deficits due to Covid-19 related loss income.

Differences Between Medical and Recreational Cannabis Use

Cannabis, marijuana, or weed is used for pleasure and medical purposes throughout the world. However, there are significant differences between marijuana used for recreational and medicinal purposes. Generally, marijuana studied for medicinal use contains much higher levels of cannabidiol (CBD), which may only contain a fraction of tetrahydrocannabinol (THC). CBD is known to have calming effects without producing psychoactive effects like THC.

In contrast, marijuana intended for recreational use typically has higher THC levels, which can cause euphoric feelings in users but might also result in adverse effects such as anxiety and paranoia. Furthermore, marijuana used in medical settings is subject to strict legislation, while marijuana purchased on the market outside of medical prescriptions may be illegal even in areas where marijuana has been decriminalized.

CBD Laws in the USA

CBD, or cannabidiol, has become a popular ingredient in health and beauty products because of its potential therapeutic properties. CBD laws in the U.S. can be complicated as CBD is derived from cannabis and hemp plants, both of which have varying levels of legal status in different states. CBD is currently legal as a component of hemp-derived products at a federal level, though some states regulate CBD more than others. Despite this complexity, CBD dispensary businesses have been popping up across the nation due to consumer demand for CBD-infused goods ranging from topicals to edibles. That being said, there still is much confusion about its status so it’s important for potential customers to stay informed on the CBD laws in their own state before making decisions.

Indiana Laws Regarding Marijuana

Indiana laws regarding marijuana are relatively restrictive, but changes have been made to reflect a more permissive stance towards cannabis. Marijuana is still considered illegal for recreational use in Indiana; however, recent legislation allows the sale and consumption of products such as CBD oil, which contain tremendously low levels of THC. Possession or consumption of recreational marijuana can result in fines and jail time; nevertheless, this is only true if an individual has more than 30 grams of the drug.

Presently, medical marijuana use is outlawed in Indiana. This year marks a turning point as 13 cannabis-related bills have been introduced to address issues such as the medicinal application of marijuana and decriminalization of possession. Although changes have been made to Indiana’s marijuana laws, it is important for individuals to understand their rights and responsibilities when it comes to cannabis in the state.

If you have been charged with a marijuana crime in Indianapolis, Indiana, don’t wait another moment to get the help you need. Attorney David E. Lewis is an experienced criminal defense lawyer who will fight for your rights and provide you with the best legal counsel available. Contact us today at 317-636-7514 to schedule a meeting, today.

Can I Get in Trouble for Mailing Weed in Indiana?

Posted on July 5, 2022 by admin

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 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.

Current News on the Decriminalization of Marijuana

Posted on July 15, 2021 by admin

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.

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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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Is Marijuana Legal in Indiana Yet?

Posted on January 8, 2021 by admin

Anyone from the far past who steps foot into our current world might be shocked to see that recreational and medical marijuana usage has been legalized in so many areas of the world. But even though there are so many states in our very own U.S.A., the Hoosier state is not on board quite yet. Although there have been some lenient changes in some Indianapolis jurisdictions, namely Marion County, marijuana usage, possession, horticulture, distribution, and trafficking are all illegal. This means they also come with strict penalties that will reside within your permanent record, forever.

Continue below to learn the Indiana penalties for marijuana charges, and what you need to do to protect your rights after being arrested for a marijuana crime in Indianapolis.

Marijuana is Not Legal in Indianapolis, Nor Anywhere in Indiana.

The Possible Consequences of Violating Marijuana Laws in Indiana

Whether you call it weed, cannabis, pot, or ganja, marijuana is still illegal here in Indiana. If you are caught in possession or weed, or caught using, dealing, growing, or trafficking, you could face a wide scope of penalties, both on a state and federal level. Even juveniles under the age of 18 will be subjected to legal penalties if arrested or charged with marijuana. From joints, blunts, and pipes, to vape pens, edibles, and more, all forms of marijuana are illegal in our state. Furthermore, it is illegal to buy marijuana in Illinois, Chicago, or other state that has legalized recreational use, and bring it back to Indiana. The only exception to the Indiana marijuana rule is that very recently, Marion County granted legal leniency for minor marijuana offenses.

Common Marijuana Offenses include Possession, Possession w/Intent to Distribute, Manufacturing, and Trafficking / Dealing

Defendants Can Be Penalized Further if:

► Manufacturing Marijuana
► Priors for Dealing Drugs
► Dealing to a Minor
► Dealing to Someone 3 Years One’s Junior
► Possession of Firearm
► Crime Took Place in a Drug-Free Zone
► Crime Took Place in the Presence of Children
► Crime Took Place in on School Grounds or Within 500 Feet
► Crime Took Place in on or Within 500 Feet of a Park or School Bus

How Indiana Penalizes Marijuana Crimes:

►► Under 30 Grams: Class A Misdemeanor – Up to 1 Year in Jail – Up to $5,000 in Fines

►► Over 30 Grams: Level 6 Felony – Up to 3 Years in Prison – Up to $10,000 in Fines

Where to Find Aggressive Criminal Defense for Marijuana Charges in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana marijuana charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

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

Posted on February 5, 2019 by admin

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

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 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!