While many states have started legalizing marijuana to different degrees, Indiana still punishes all forms of possession or dealing marijuana as a criminal violation. The legislature has lessened the penalties over the year, but it still remains a crime to possess or deal in marijuana.
So, for today’s blog we take a look at the laws that are currently in effect in Indiana regarding marijuana. We will start by taking a look at Indiana Code 35-48-4-10. This section of the code creates the laws regarding dealing in marijuana(among other substances). If you knowingly or intentionally manufacture, finance the manufacture, deliver or finance the delivery of marijuana or if you possess it with the intent of manufacturing or financing the marijuana then you can be charged with dealing in marijuana a Class A Misdemeanor.
Dealing in Marijuana
Dealing in marijuana can be enhanced to a felony charge if additional circumstances exist. The charge becomes a Level 6 Felony if the amount of the marijuana was less than thirty (30) grams of marijuana and the defendant has a prior conviction for a drug offense. Additionally, the charge becomes a Level 6 Felony if the amount of the drug involved it at least thirty (30) grams but less than ten (10) pounds of marijuana.
Dealing in marijuana can even become a Level 5 Felony. The dealing of marijuana becomes a Level 5 Felony if the amount is in excess of ten (10) pounds if they have a prior dealing offense; if the amount is over ten (10) pounds; or if the offense involved a sale to a minor.
Possession of Marijuana
As one would suspect, in Indiana it is also a crime to possess marijuana; regardless of your intent to deal or not. Pursuant to Indiana Code 35-48-4-11, if you possess marijuana and the amount is under thirty (30) grams, the penalty is an B Misdemeanor(carrying a penalty of up 0 to 180 days in jail). However, it is an A misdemeanor(carrying a penalty of 0 to 365 days in jail) if it is more than 30 grams. This includes possessing, cultivating or growing marijuana.
In most counties in Indiana, if it is your first offense and your charge is an B misdemeanor the State will likely offer you a diversion(prosecutor run program) or a conditional discharge(court run program) where if you comply with certain terms during a fixed period of time, your charge will be dismissed.
While Indiana has lessened the penalties for possession and dealing in marijuana, at the time of this blog they are both still considered criminal conduct. There continues to be discussions in the legislature about continuing to reduce the punishments for marijuana in Indiana, but change is slow to come in the Hoosier state.
Should you find yourself facing a marijuana charge in Indiana you may be facing jail time or other substantial penalties such as probation. Many times in these cases there are search and seizure issues that are fairly complex and could substantially impact the outcome on your case. The Indianapolis Criminal Defense Attorneys at Banks & Brower understand the law regarding marijuana related crimes and stand at the ready to help you with your criminal charges.
For more information regarding our criminal practice click here. For more information about the substantial criminal law experience of our attorneys click here. You can also contact us by calling (317) 870-0019 or shoot us an email at info@banksbrower.com.
Editor’s note: This blog was refreshed in October, 2017 with the current laws regarding marijuana in Indiana.