Marijuana Dealing Charges in Indiana: What You Need to Know

A Risky Business in the Wrong State

As more and more states move toward decriminalization and legalization of marijuana, it’s easy to assume that selling weed in Indiana might not be that serious. After all, dispensaries are popping up just across the border in Illinois, Michigan, and Ohio. But in Indiana, marijuana remains illegal in all forms, and the penalties for dealing it can be severe.

For those caught with larger amounts of marijuana or accused of selling it, the charges go beyond simple possession. Dealing marijuana in Indiana can lead to felony charges, steep fines, and even years behind bars. If you or a loved one is facing a marijuana dealing charge, knowing the law and your legal defense options is critical.

Is Marijuana Legal in Indiana?

Unlike neighboring states, Indiana has some of the strictest marijuana laws in the Midwest. While some places allow for medical marijuana use or even recreational sales, Indiana has not followed suit.

✅ Possession of any amount is illegal.
✅ Medical marijuana is not permitted.
✅ CBD oil with less than 0.3% THC is legal, but anything stronger is not.

And when it comes to dealing or selling marijuana, the penalties only increase.

What Does "Dealing Marijuana" Mean in Indiana?

Many people assume that you have to be running a full-scale drug operation to be charged with marijuana dealing. However, under Indiana Code 35-48-4-10, a person can face dealing charges if they:

🔹 Sell or deliver marijuana to another person.
🔹 Possess marijuana with the intent to sell or deliver it.
🔹 Manufacture marijuana (growing weed at home counts).
🔹 Finance the sale or distribution of marijuana.

🚨 Important: You don’t have to be caught in the act of selling weed to be charged with dealing. If law enforcement finds larger amounts of marijuana, scales, baggies, or cash, they may assume you intended to sell it and charge you with dealing rather than simple possession.

Penalties for Marijuana Dealing in Indiana

The severity of your charge depends on how much marijuana is involved and any past criminal history.

🔹 Class A Misdemeanor (Small Amount, First Offense)

✅ Less than 30 grams of marijuana (about 1 ounce).
✅ No prior drug convictions.
❌ Penalty: Up to 1 year in jail and a $5,000 fine.

🔹 Level 6 Felony (Larger Amount or Prior Convictions)

✅ More than 30 grams but less than 10 pounds.
✅ Any prior drug conviction.
❌ Penalty: 6 months to 2.5 years in prison and up to $10,000 in fines.

🔹 Level 5 Felony (Serious Cases)

✅ Dealing over 10 pounds of marijuana.
✅ Selling to a minor.
✅ Dealing near a school, park, or housing complex.
❌ Penalty: 1 to 6 years in prison and up to $10,000 in fines.

How a Marijuana Conviction Can Impact Your Life

Even beyond jail time and fines, a marijuana dealing conviction can have lasting consequences:

🚗 Driver’s License Suspension: Even though marijuana dealing isn’t a driving offense, Indiana law allows the BMV to suspend your license after a drug conviction.

💼 Employment Issues: Many employers refuse to hire individuals with a drug conviction on their record.

🏠 Housing Restrictions: Landlords may deny housing applications for felony drug convictions.

📚 College Financial Aid Denials: A conviction could make you ineligible for federal student loans and grants.

🔥 Social Stigma: A drug conviction can have long-term effects on your reputation and future opportunities.

Defenses Against a Marijuana Dealing Charge

If you’ve been charged with dealing marijuana in Indiana, do not assume you’re out of options. There are several legal defenses that could help you fight the charges or reduce penalties.

1️⃣ Illegal Search and Seizure

Law enforcement must have a legal reason to search you, your vehicle, or your home. If the police searched without a warrant or probable cause, any evidence found may be thrown out in court.

✅ Example: If an officer pulled you over and found marijuana in your trunk but had no valid reason for the stop, your attorney could challenge the constitutionality of the search.

2️⃣ No Intent to Sell

If you were caught with a large amount of marijuana, the police might assume you planned to sell it—even if it was for personal use.

✅ Example: Your attorney can argue there’s no concrete evidence of intent to distribute, especially if no scales, baggies, or cash transactions were involved.

3️⃣ Entrapment

If law enforcement pressured or coerced you into selling marijuana, you may have an entrapment defense.

✅ Example: If an undercover officer pushed you into selling weed when you had no prior intent to do so, you may have been entrapped.

4️⃣ Lack of Possession or Control

You may be able to argue that the marijuana wasn’t actually yours or that you had no control over it.

✅ Example: If police found marijuana in a shared apartment or car, they must prove you were the one in possession of it.

What to Do If You’ve Been Charged with Dealing Marijuana

If you’ve been arrested for marijuana dealing in Indiana, the worst thing you can do is talk to the police without an attorney. Instead, follow these steps:

✔️ Stay silent and request a lawyer. Anything you say can be used against you.
✔️ Do not consent to any searches.
✔️ Write down everything about your arrest.
✔️ Contact an experienced Indiana criminal defense attorney immediately.

🚀 A strong legal defense can make the difference between a conviction and a case dismissal.

Why You Need an Experienced Indiana Drug Defense Attorney

Marijuana dealing charges in Indiana carry serious penalties, but an experienced criminal defense attorney can:

✅ Challenge the evidence against you.
✅ Argue for dismissal or reduction of charges.
✅ Negotiate a plea deal to avoid jail time.
✅ Defend your rights in court.

📞 Charged with dealing marijuana? Call Vining Legal at (317) 759-3225 or schedule a consultation today to discuss your case.

Final Thoughts: What You Need to Remember

📌 Marijuana remains illegal in Indiana, and dealing charges can lead to felony convictions, jail time, and fines.
📌 Even possessing large amounts can lead to dealing charges—even if you never sold anything.
📌 A marijuana conviction can impact your job, housing, education, and driver’s license.
📌 There are strong legal defenses available, including illegal search and seizure, lack of intent, and entrapment.
📌 Hiring an attorney immediately can improve your chances of beating or reducing the charges.

📞 Need legal help? Call Vining Legal at (317) 759-3225 or schedule a consultation now.