Caught with Drugs in Indiana? Understanding Possession & Trafficking Charges

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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