What are the penalties for drug possession in Indiana?

Penalties depend on the substance and amount. Possession of a Schedule I-IV controlled substance is a Class A misdemeanor (up to 1 year in jail, $5,000 fine). More severe offenses, such as possession of large amounts of methamphetamine or cocaine, can be felonies with prison time.

What is constructive possession in Indiana?

Constructive possession means you have control over a drug even if it's not physically on you. This applies in cases where drugs are found in your home or car. Learn more about constructive possession here: https://indianalawyer.esq/blog/constructive-possession-indiana-drug-defense?rq=constructive%20possession.

What are enhancing circumstances for Indiana drug charges?

Certain factors can increase penalties, including prior convictions, possession near schools, or possession of a firearm.

What defenses are available for drug possession charges?

Common defenses include illegal search and seizure, lack of possession or control, and insufficient evidence. Read more about evidence suppression here: https://indianalawyer.esq/blog/understanding-evidence-suppression-in-indiana-criminal-cases-a-defendants-guide?rq=suppression.

Indiana Drug Possession Laws: A Comprehensive Guide

Criminal Defense

Feb 9

Written By Nathan Vining

Drug possession is a serious offense in Indiana, carrying severe legal consequences. Whether you're facing a misdemeanor or felony charge, understanding Indiana's drug laws, penalties, and potential defenses is crucial. This guide provides an in-depth look at drug possession laws in Indiana, including controlled substances, penalties, and possible legal defenses.

Drug Possession in Indiana: An Overview

Under Indiana Code 35-48-4-7, drug possession refers to knowingly or intentionally possessing a controlled substance without a valid prescription. There are two primary types of possession:

Actual Possession: The drug is found on your person (e.g., in a pocket or bag).
Constructive Possession: The drug is found in an area you control (e.g., in your car or home), even if it's not on your person.

Indiana law differentiates between simple possession and possession with intent to distribute, with more severe penalties for the latter.

Controlled Substances in Indiana

Controlled substances in Indiana are classified into five schedules based on their potential for abuse and accepted medical use:

Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD, ecstasy).
Schedule II: High potential for abuse, limited medical use (e.g., cocaine, methamphetamine, fentanyl).
Schedule III: Moderate abuse potential, accepted medical use (e.g., anabolic steroids, ketamine).
Schedule IV: Low abuse potential, accepted medical use (e.g., Xanax, Valium, Ambien).
Schedule V: Lowest abuse potential, accepted medical use (e.g., cough syrups with codeine).

Marijuana Laws in Indiana

Marijuana remains illegal in Indiana, with penalties varying based on the amount possessed and prior offenses.

Penalties for Drug Possession in Indiana

Penalties by Drug Type & Quantity

    
            Drug Type
            Classification
            Penalty
        
            Possession of a Controlled Substance (Schedule I–IV)
            Class A Misdemeanor
            Up to 1 year in jail, $5,000 fine
        
            Marijuana Possession (<30g)
            Class B Misdemeanor
            Up to 180 days in jail, $1,000 fine
        
            Marijuana Possession (>30g, prior offense)
            Class A Misdemeanor
            Up to 1 year in jail, $5,000 fine
        
            Cocaine/Methamphetamine/Narcotics (<5g)
            Level 6 Felony
            6 months – 2.5 years in prison, $10,000 fine
        
            Cocaine/Methamphetamine/Narcotics (5–10g)
            Level 5 Felony
            1–6 years in prison, $10,000 fine
        
            Cocaine/Methamphetamine/Narcotics (10–28g)
            Level 4 Felony
            2–12 years in prison, $10,000 fine
        
            Cocaine/Methamphetamine/Narcotics (>28g)
            Level 3 Felony
            3–16 years in prison, $10,000 fine

Drug Type	Classification	Penalty
Possession of a Controlled Substance (Schedule I–IV)	Class A Misdemeanor	Up to 1 year in jail, $5,000 fine
Marijuana Possession (<30g)	Class B Misdemeanor	Up to 180 days in jail, $1,000 fine
Marijuana Possession (>30g, prior offense)	Class A Misdemeanor	Up to 1 year in jail, $5,000 fine
Cocaine/Methamphetamine/Narcotics (<5g)	Level 6 Felony	6 months – 2.5 years in prison, $10,000 fine
Cocaine/Methamphetamine/Narcotics (5–10g)	Level 5 Felony	1–6 years in prison, $10,000 fine
Cocaine/Methamphetamine/Narcotics (10–28g)	Level 4 Felony	2–12 years in prison, $10,000 fine
Cocaine/Methamphetamine/Narcotics (>28g)	Level 3 Felony	3–16 years in prison, $10,000 fine

Enhancing Circumstances

Penalties can increase under certain circumstances, including:

Prior drug convictions.
Possessing drugs near a school or park.
Possessing a firearm while committing a drug offense.
Distributing drugs to minors.

Defenses to Drug Possession Charges

Potential Legal Defenses

Illegal Search and Seizure: Law enforcement may have violated your constitutional rights in obtaining evidence. Learn more about evidence suppression here.
Lack of Possession: Proving you did not knowingly possess the drugs. Read about constructive possession defenses here.
Insufficient Evidence: Challenging the prosecution’s evidence.
Entrapment: Law enforcement improperly induced you into committing the offense.
Mistake of Fact: You were unaware that the substance was illegal.
Valid Prescription: If you had a legal prescription for the controlled substance.

Each case is unique, and an experienced Indiana drug crime lawyer can help build a strong defense.

Why You Need an Experienced Indiana Drug Crime Lawyer

Drug possession charges can be complex, and the right legal strategy can significantly impact your case. A skilled attorney can:

Evaluate the legality of the arrest and search procedures.
Challenge weak prosecution evidence.
Negotiate for reduced charges or alternative sentencing.

If you’re facing a drug possession charge, consulting an experienced attorney is crucial.

Conclusion

Understanding Indiana’s drug possession laws is essential if you're facing charges. With the right defense strategy, it may be possible to reduce or dismiss charges. Seeking legal counsel early can make all the difference in protecting your rights.

Need Legal Help? Contact Us Today

Call (317) 759-3225 or visit IndianaLawyer.esq/contact to schedule a consultation and discuss your defense options.

Nathan Vining