Dealing/Possession of Marijuana
Marijuana remains illegal in Indiana, even for medical purposes. Unlike many other states, Indiana has not legalized marijuana in any form, and those caught in possession or dealing can face severe legal consequences. Possession of even small amounts of marijuana is punishable by jail time and significant fines. While Indiana has approved a legislative commission to study medical marijuana, as of now, all forms of possession and distribution remain criminal offenses.
What Are the Penalties for Marijuana Offenses in Indiana?
The penalties for marijuana offenses depend on the amount in possession and whether dealing is involved. Charges can range from misdemeanors to felonies, with escalating consequences for repeat offenders.
Possession of Marijuana
Indiana Code 35-48-4-11 defines the penalties for marijuana possession:
| Charge | Offense Details | Penalty |
|---|---|---|
| B Misdemeanor | Possession of less than 30 grams of marijuana, hash oil, hashish, or salvia. | Up to 180 days in jail and a fine of up to $1,000. |
| A Misdemeanor | Possession of any amount of marijuana, hash oil, hashish, or salvia with a prior drug conviction. | Up to one year in jail and a fine of up to $5,000. |
| Level 6 Felony | Possession of 30+ grams of marijuana or 5+ grams of hash oil, hashish, or salvia with a prior drug conviction. | Six months to 2.5 years in prison, fines up to $10,000. |
Dealing Marijuana
The penalties for manufacturing, financing, delivering, or possessing marijuana with intent to distribute are more severe.
| Charge | Offense Details | Penalty |
|---|---|---|
| A Misdemeanor | Knowingly or intentionally dealing (manufacturing, financing, or delivering) less than 30 grams of marijuana. | Up to one year in jail and a fine of up to $5,000. |
| Level 6 Felony |
- Dealing any amount with a prior drug conviction. - Dealing 30g–10 lbs of marijuana or 5g–300g of hash oil/hashish/salvia. |
Six months to 2.5 years in prison, fines up to $10,000. |
| Level 5 Felony |
- Dealing with a prior drug dealing conviction and 30g–10 lbs of marijuana or 5g–300g of hash oil/hashish/salvia. - Dealing 10+ lbs of marijuana or 300+ grams of hash oil/hashish/salvia. - Selling to a minor. |
One to six years in prison, fines up to $10,000. |
Common Defenses for Marijuana Charges
If you are facing a marijuana-related charge, there are several legal defenses that may apply to your case. An experienced attorney can evaluate your case and determine the best defense strategy. Some common defenses include:
✅ Illegal Search and Seizure – If law enforcement violated your Fourth Amendment rights by conducting an unlawful search, evidence obtained may be inadmissible in court.
📌 Learn more about evidence suppression in Indiana criminal cases: Understanding Evidence Suppression in Indiana
✅ Lack of Possession – Prosecutors must prove that the marijuana was in your possession or control. If the drugs were found in a shared space, you may have a defense.
📌 Learn more about constructive possession in Indiana drug defense: Constructive Possession in Indiana
✅ Entrapment – If law enforcement coerced or pressured you into committing a crime that you would not have otherwise committed, entrapment may be a valid defense.
✅ Medical Necessity – While Indiana does not allow medical marijuana, there may be unique circumstances where a medical necessity defense could be argued.
✅ Lab Analysis Issues – The prosecution must prove that the substance seized is actually marijuana. If there are errors in lab testing or chain of custody, the evidence may be challenged.
✅ Violation of Miranda Rights – If police failed to read you your rights or coerced a confession, your statements may be excluded from evidence.
📌 Learn more about your Miranda Rights in Indiana: Understanding Your Miranda Rights
Each case is unique, and a skilled attorney will thoroughly review the details to determine the most effective defense strategy.
How Vining Legal Can Help
Marijuana charges in Indiana can lead to serious legal and personal consequences, including potential incarceration, steep fines, and a permanent criminal record. However, having an experienced defense attorney can make all the difference.
At Vining Legal, we provide aggressive legal representation for individuals charged with marijuana-related offenses. Whether you’re facing possession, dealing, or distribution charges, our team will:
✅ Analyze the details of your case and review all available evidence.
✅ Challenge unlawful searches and seizures by law enforcement.
✅ Negotiate for charge reductions or alternative sentencing where possible.
✅ Defend your rights in court and build the strongest case possible.
📞 Call or text Vining Legal at (317) 759-3225 or schedule a consultation today for a free case evaluation.
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Don't let criminal charges define your future. At Vining Legal, we provide expert defense tailored to your unique circumstances. Whether you're facing a minor infraction or a serious charge, we are here to fight for your rights, minimize the impact on your life, and guide you toward the best possible outcome. Time is critical—start building your defense strategy now. Call or text us today at (317) 279-5668 to take the first step toward protecting your future.