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.

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.

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.

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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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.

Is Weed Legal in Indiana?

Posted on November 11, 2020 by admin

With so many other states in the country making or having made specific amendments to legalize or decriminalize cannabis, it is no surprise that many United States civilians are having trouble keeping track of which states are on board and which are not. This is especially the case with the recent elections taking place. Continue below to learn the current weed laws in Indiana, and what you need to do if you are facing charges for marijuana right now.

Indianapolis Marijuana Criminal Attorney 317-636-7514

Weed is Not Legal in Indiana

Although states like Colorado, Illinois, Arizona, and even Washington have passed laws that allow medical marijuana, or legalized and decriminalized weed in some way, Indiana is not there yet. In Indiana, weed is illegal. In Marion County, on the state level, marijuana crimes have been decriminalized in some way, but that does not mean it is decriminalized on a federal level. Federal law always trumps state law in the case of question. And as for cannabis, it is illegal under federal law by way of the Controlled Substance Act.

Here in Indiana, marijuana possession under 30 grams is a Class A Misdemeanor, which is the most serious misdemeanor level. It is punishable by up to one year in jail, and up to $5,000 in fines. For crimes of marijuana sales, cultivation (growing), and trafficking, the charges jump to a federal level, and the penalties are much harsher.

Indiana Code 35-48-2-1, et seq.; 35-48-4-10, 11 – Marijuana Possession and Sales

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

⚖► Possession Over 30 Grams – Level 6 Felony; ½ to 2 ½ Years in Jail. Up to $10,000 in fines.

⚖► Sales 3o Grams to 10 Pounds– Level 6 Felony; ½ to 2 ½ Years in Jail. Up to $10,000 in fines.

⚖► Sales 10 Pounds or More – Level 5 Felony; 1 to 6 Years in Jail; Up to $10,000 in fines.

Were You Arrested for Marijuana Possession in Indianapolis?

If you were recently arrested for a marijuana crime in Indianapolis, your most critical priority is to hire an aggressive criminal defense lawyer to fight your charges, and avoid conviction. Choose a skilled and experienced criminal attorney who specializes in Indiana marijuana drug crimes.

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. We understand just how unsettling a marijuana charge can be for our clients. We know drug crimes immediately affect several aspects of a person’s life, as well as their families.

Whether arrested for recreational possession or large-scale trafficking, we provide our clients with the most effective legal strategies and options in order to best resolve their legal issues and protect their freedoms. Case dismissals, reductions, and alternative sentencing agreements for marijuana charges are absolutely possible when you call David E. Lewis, Attorney at Law.

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Category Archives: Marijuana