Can I Get Arrested for CBD Oil?

Although there are many United States local governments that have legalized medical and/or recreational cannabis use under state law, Indiana is not yet one of them. However, on July 1st earlier this year, the Indiana General Assembly did approve the possession and usage of cannabidiol oil, more commonly known as CBD oil, for recreational use or dietary consumption under Indiana Code (IC) 35-48-1-17.5.

So it can’t get you in trouble with the law anymore, right? WRONG. Continue reading to learn why.

Indianapolis OWI Attorney 317-636-7514

Indianapolis OWI Attorney 317-636-7514

It is Legal to Have CBD Products, However

So what does this mean in common language? Well, it is now legal to possess “low THC hemp extract” products, such as CBD oil or those that contain it, which the state defines as, “products that are derived from Cannabis sativa L.”, or contain no more than 0.3% delta-9-THC (including precursors).” Such products that fit this description are no longer considered controlled substances in the eyes of Indiana.

BEWARE: Indiana is a Metabolite State

With this new legal language in place for Hoosiers, you can have CBD oil products on your person without the risk of any legal prosecution. However, this does not mean you are in the clear. You see, Indiana is known as a “Metabolite State” when it comes to OWI charges. Basically, if a person is arrested under the suspicious of operating a vehicle while intoxicated, they may be given a blood test to confirm their alcohol toxicity levels. If the person’s blood work shows any metabolites (leftover traces) of a foreign substance with an observable drug-based chemistry, they can be charged with a DUI with a controlled substance (or its metabolite). This includes cannabidiol oil.

What’s the Penalty for Such a Charge?

Under IC 9-30-5-1, a person charged with an OWI with a controlled substance or its metabolite may face a Class C Misdemeanor, which includes up to 60 days in jail and fines of up to $500. Even in the case that the discovered metabolite in their blood is an inactive compound (or a type that wouldn’t cause intoxication if it were in their system), a defendant can still be charged and convicted of the crime.

Facing DUI or Drug Possession Charges in Indiana?

If you are facing DUI or drug possession charges, you need a skilled Indianapolis criminal defense attorney working your case. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.

How to Get Started on Your Defense

David E. Lewis Criminal Defense Attorney

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

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!

You Have Only 10 Days to Save Your Driving Privileges After a DUI Arrest

In Indiana, a criminal defense attorney has only 10 days to save your driving privileges. So if you are facing DUI charges from a recent arrest, you need to get in touch with a licensed crime lawyer ASAP! You may still have a chance at maintaining a reliable and consistent means of transportation.

Indianapolis Drunk Driving Attorney 317-636-7514

Indianapolis Drunk Driving Attorney 317-636-7514

Were you recently arrested for a drink driving charge?

If you didn’t refuse a chemical test, and it hasn’t been 10 days since the arrest, you may qualify to have your driving privileges saved from suspension! What was once called a “hardship” or “probationary” license is now referred to a “specialized driving privileges” (SDP) in Indiana. It is important to contact Attorney David E. Lewis as soon as possible following an OWI charge to see if you have a chance at being granted specialized driving privileges.

Depending on several factors, a judge can choose to grant a wide spectrum of driving authorizations for an offender. They may only allow a person to drive to and from school or work, or simply allow offenders to drive during specified times of the day. They may also assign an ignition interlock device on their vehicle to prevent future intoxicated driving if they are a habitual offender.

If you want to avoid jail or have your charges dropped or reduced, you need to hire a criminal lawyer. You can opt for a public defender, but you have a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements by using private defense.

Attorney David E. Lewis Can Help You

Attorney David E. Lewis can be reached at his office during regular business hours, Monday through Friday. He offers a wide range of criminal defense, from DUIs and drug charges, to felonies, expungements, and more. You can count on his aggressive representation to preserve your rights and protect your freedoms.

Call TODAY!

David E. Lewis Attorney at Law

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

If you do not already have a licensed Indianapolis criminal defense lawyer working on your DUI defense, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there is no out-of-pocket obligations to you.