Caught with Drugs in Indiana? Understanding Possession & Trafficking Charges

Criminal Defense
Written By Nathan Vining

Introduction: Understanding Drug Charges in Indiana

Being charged with drug possession or trafficking in Indiana is a serious legal matter that can lead to fines, jail time, and long-term consequences on your record. Whether you're facing a misdemeanor possession charge or a felony drug trafficking offense, it’s critical to understand Indiana’s drug laws, penalties, and legal options.

This guide will explain:
✔ The difference between drug possession and trafficking in Indiana
✔ Penalties for drug charges based on quantity and type of drug
✔ Legal defenses that may help you avoid a conviction

📞 Charged with a drug offense? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.

Drug Possession vs. Drug Trafficking in Indiana

In Indiana, drug offenses fall into two major categories:

1. Possession of a Controlled Substance

🔹 Possession means you had illegal drugs on your person, in your vehicle, or within your control (such as in a home or backpack).
🔹 Charges depend on the type and amount of the drug.

2. Drug Dealing or Trafficking

🔹 Trafficking means you are accused of selling, delivering, or distributing drugs.
🔹 In Indiana, you don’t have to be caught selling drugs to face trafficking charges—having large quantities, packaging materials, or cash can lead to a dealing charge.

➡ Related Read: Learn more about expunging a drug conviction if you already have a record.

Penalties for Drug Possession in Indiana

Misdemeanor Drug Possession

✅ Possession of Marijuana (Under 30g) – Class B Misdemeanor

  • Penalty: Up to 180 days in jail and a $1,000 fine

  • If you have a prior drug conviction: The charge increases to a Class A misdemeanor (up to 1 year in jail)

✅ Possession of Paraphernalia (Pipes, Baggies, Scales, etc.) – Class C Misdemeanor

  • Penalty: Up to 60 days in jail and a $500 fine

📌 TIP: Even misdemeanor drug convictions stay on your record unless expunged.

Felony Drug Possession

Possession of Schedule I, II, III, IV, or V drugs (such as heroin, meth, cocaine, LSD, or unauthorized prescription drugs) can be charged as a felony:

🚨 Level 6 Felony – Possession of Cocaine, Meth, Heroin, or Schedule I/II Drugs (under 5 grams)

  • Penalty: 6 months to 2.5 years in prison and fines up to $10,000

🚨 Level 4 Felony – Possession of 5-10 grams of Cocaine, Meth, or Heroin

  • Penalty: 2 to 12 years in prison

🚨 Level 3 Felony – Possession of 10-28 grams

  • Penalty: 3 to 16 years in prison

🚨 Level 2 Felony – Possession of over 28 grams

  • Penalty: 10 to 30 years in prison

📌 TIP: Having drugs near a school, park, or daycare increases penalties significantly.

Penalties for Drug Trafficking & Dealing in Indiana

Drug trafficking charges carry much harsher penalties than simple possession.

Felony Drug Dealing Charges

🚨 Level 6 Felony – Dealing Marijuana (Under 30 grams)

  • Penalty: 6 months to 2.5 years in prison

🚨 Level 5 Felony – Dealing Cocaine, Meth, or Heroin (1-5 grams)

  • Penalty: 1 to 6 years in prison

🚨 Level 3 Felony – Dealing Cocaine, Meth, or Heroin (5-10 grams)

  • Penalty: 3 to 16 years in prison

🚨 Level 2 Felony – Large-scale drug trafficking (over 10 grams)

  • Penalty: 10 to 30 years in prison

📌 TIP: If you are caught with large amounts of cash, scales, or baggies, prosecutors may assume you are dealing drugs, even if you didn’t sell anything.

Defenses Against Drug Possession & Trafficking Charges

If you’ve been arrested for drug possession or trafficking, you still have legal options. Common defenses include:

✅ Illegal Search & Seizure – If police found drugs during an unlawful traffic stop or illegal search, evidence may be thrown out.
✅ Lack of Knowledge – If you were unaware of drugs in a shared vehicle or home, you may not be legally responsible.
✅ Mistaken Identity – If the drugs belonged to someone else, your attorney can challenge the charges.
✅ Entrapment – If undercover police pressured you into committing a crime, you may have a defense.

📞 Facing drug charges? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation.

How a Criminal Defense Attorney Can Help

🚨 Don’t face drug charges alone—a criminal defense attorney can:

✔ Fight to get evidence thrown out if police violated your rights
✔ Negotiate for reduced charges or a dismissal
✔ Argue for alternative sentencing options (rehab instead of jail)
✔ Defend you in trial if needed

📞 If you’ve been arrested for drug possession or trafficking, call Vining Legal LLC today at (317) 759-3225 or schedule a consultation.

Conclusion: Protect Your Future

Being caught with drugs in Indiana can lead to jail time, fines, and a criminal record that affects your future. However, you have legal options.

✔ Know the difference between possession and trafficking charges
✔ Understand Indiana’s drug laws and penalties
✔ Work with an experienced defense attorney to fight the charges

📞 Charged with a drug crime? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.

 

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