Possession of Cocaine: What to Know
Were you recently arrested for possession of a controlled substance in the Indianapolis area? It will be important to have a clear understanding of the elements of the possession offense you are facing, and to know that possession offenses vary depending on the type and amount of controlled substance in a person’s possession. In other words, the law varies when it comes to possession of marijuana versus possession of a narcotic drug, for example, and the law also varies when it comes to possession of a small amount of a substance versus a significant amount that suggests you planned to sell or distribute the drug.
Our Indianapolis drug crime defense lawyers want to tell you more about the possession of cocaine specifically, including the statutory elements of the offense and potential penalties upon conviction. If you are facing any charges related to cocaine possession, it is important to seek assistance from an attorney who can begin working with you on a defense strategy that is tailored to the facts of your case.
Indiana’s Cocaine Possession Law
Offenses involving cocaine possession in Indiana are outlined under Indiana Code Section 35-48-4-6, which includes the possession of cocaine or a narcotic drug.
Under Indiana law, cocaine is defined as “coca leaves and any salt, compound, or derivative of coca leaves, and any salt, compound, isomer, derivative, or preparation which is chemically equivalent or identical to any of these substances.” Indiana law then defines a narcotic drug as “opium, opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.” The definition also includes “opium poppy and poppy straw,” as well as “any compound, mixture, or preparation” that contains any of the substances identified above.
Penalties for Possession of Cocaine or a Narcotic Drug
Possession of any amount of cocaine or a narcotic drug is unlawful — meaning having the drug on your body (such as in a pocket, or in a purse or backpack), or otherwise under your immediate control, such as in the glove compartment of your vehicle you are driving.
Possessing any amount of cocaine or a narcotic drug, even a small amount, is a Level 6 felony that can result in a sentence of more than 2 years in prison and a fine of up to $10,000. If you are accused of possessing a larger amount of cocaine or a narcotic drug, and there is an “enhancing circumstance” that is applicable to your case, you could be facing up to a Level 3 felony, which can result in up to 16 years in prison.
Contact Our Indianapolis Drug Crimes Defense Attorneys Today for Assistance
Are you facing allegations of cocaine possession in Indiana, or any related offenses? It is extremely important to tailor a defense strategy to the specific facts of your case. An experienced Indianapolis drug crime defense lawyer at Rigney Law LLC can talk with you today to learn more about the details of your case, and we can discuss options with you for defending against any drug possession charges you are facing. As we noted above, a conviction for possession of cocaine or a narcotic drug is a felony offense that can result in a significant term of incarceration in addition to other penalties. Contact us today to begin working on a defense.
Sources:
law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-6/
law.justia.com/codes/indiana/title-35/article-48/chapter-1/section-35-48-1-20/
