Indianapolis Marijuana Defense Attorney
Have you been arrested for a crime related to marijuana? If so, now is the time to fight for your freedom.
Indiana classifies marijuana as a Schedule I illegal substance. This classification means that marijuana is assigned as one of the most dangerous drugs with no known medical value. Activities such as the possession or distribution of any amount of marijuana can result in serious penalties.
After being charged with possession of marijuana in Indiana, don’t wait to contact our Indiana marijuana defense lawyer at the Law Office of B.D. Williams by calling 317-953-2199. With attorney Brian Williams, you will have more than 20 years of experience standing behind you each step of the way.
Indiana Marijuana Laws
With Indiana marijuana laws, a misdemeanor marijuana charge can quickly become a major felony case if certain evidence is found. To stand any chance of fighting these charges in court, you will need an experienced marijuana defense attorney to represent you.
Penalties For Possession Of Marijuana
Possession of marijuana in Indiana is a Class B misdemeanor punishable by up to 180 days in prison and up to a $1,000 fine. If someone has a prior drug offense and is found to be in possession of fewer than 30 grams of marijuana, the charge becomes a Class A misdemeanor punishable by up to a one-year imprisonment and a fine of up to $5,000.
If found in possession of 30 grams or more of marijuana and the accused has a prior conviction for a drug offense, the charge becomes a Level 6 felony punishable by six months to 2 ½ years of imprisonment. In this instance, the advisory sentence is one year with a possible fine of up to $10,000. Possession with intent to manufacture, finance the manufacture of, deliver or finance the delivery of marijuana will follow the violations listed under the sale and cultivation section, below.
First-time marijuana possession offenders may be eligible for a conditional discharge. If you have been charged with the possession of marijuana for personal use in Indiana, it is important that you contact our Indiana marijuana defense lawyer at 317-953-2199 for the best legal representation available now. Time is of the essence.
Sale And Cultivation Of Marijuana
In Indiana, selling less than 30 grams of marijuana is a Class A misdemeanor punishable by a maximum sentence of a one-year imprisonment and a maximum fine of $5,000. A subsequent offense is considered a Level 6 felony and is punishable by a six-month to 2 ½-year imprisonment and a maximum fine of $10,000.
The charge for selling between 30 grams but less than 10 pounds is a Level 6 felony. The punishment for this is imprisonment for six months to 2 ½ years and a maximum fine of $10,000.
Selling more than 10 or more pounds of marijuana is a Level 5 felony. The punishment of which is between one and six years of imprisonment and a maximum fine of $10,000. Lastly, selling any amount of marijuana to a minor is a Level 5 felony punishable by one to six years of imprisonment and a maximum fine of $10,000.
Possession Of Hash And Concentrates
A person who knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil or hashish commits a Class A misdemeanor, punishable by a maximum sentence of a one-year imprisonment and a maximum fine of $5,000.
In regard to hashish or marijuana concentrate, possessing more than 2 grams is a Level 6 felony. Additionally, if the person has a prior conviction of an offense involving marijuana, hash oil or hashish and is in possession of fewer than 2 grams, the crime is also a Level 6 felony. The punishment of which is six months to 2½ years of imprisonment and a maximum fine of $10,000.
The punishment for the manufacture or sale of fewer than 5 grams of hash oil or hashish is a maximum sentence of a one-year imprisonment and a maximum fine of $5,000. This is considered a Class A misdemeanor. If a person is caught again, the offense is a Level 6 felony, the punishment of which is six months to 2 ½ years of imprisonment and a maximum fine of $10,000.
Manufacturing or selling at least 5 grams but less than 300 grams of hashish or hash oil is a Level 6 felony. If an individual is convicted again, the subsequent offense is a Level 5 felony punishable by a $10,000 fine and between one to six years of imprisonment.
If the amount involved 300 grams or more or the sale was to a minor, the offense is also a Level 5 felony.
A marijuana defense law firm is key in helping to provide an adequate defense in a hash and marijuana possession charge.
Marijuana paraphernalia is considered to be any equipment, product or accessory that is intended or modified for making, using or concealing marijuana, typically for recreational purposes. It is illegal in Indiana to manufacture, possess or sell marijuana paraphernalia. Retaining a marijuana paraphernalia defense attorney in Indiana is imperative in creating a clear and strong defense. Call our criminal defense lawyer at the Law Office of B.D. Williams to get started, as manufacturing, selling or possessing marijuana paraphernalia is a Class A infraction punishable by up to a $10,000 fine.
A subsequent conviction of manufacturing, selling or possessing paraphernalia is a Level 6 felony punishable by six months to 2 ½ years of imprisonment and a maximum fine of $10,000.
Other Marijuana Laws In Indiana
Marijuana laws are complicated in Indiana. Having a knowledgeable attorney can help guide and defend you if you are being charged with a marijuana crime. For example, merely being present “where knowledge of drug activity occurs” is a misdemeanor punishable by a maximum sentence of six months of imprisonment and a maximum fine of $1,000.
Additionally, in Indiana, a possession, sale or distribution conviction will result in a driver’s license suspension of between six months to two years. It’s important to know that there are several states in which marijuana possession has been legalized; however, in all states, it is still against federal law to possess marijuana.
Marijuana Possession Defense Law Firm
There are some common marijuana defenses that are used by a marijuana defense attorney when someone is charged with the suspicion of possession of marijuana. The most common marijuana possession defense is that the officer made an illegal search. There are some situations in which the driver of the vehicle or the one who is actually the possessor of the marijuana readily gives it over to the police officer. Law enforcement officers are very skilled in getting people to hand over paraphernalia, such as marijuana pipes, papers or grinders. However, there are times when they do need to perform a search for them to discover the marijuana. Make sure that you have retained a marijuana defense lawyer to help with your case.