What Are The Charges For Marijuana Crimes In Indiana?

Right now, marijuana is legal in 37 states. Indiana is not one of those states. Growing,  possessing, and selling marijuana in Indiana is still illegal and regularly prosecuted.

The Legality Of Marijuana In Indiana 

Marijuana is illegal in Indiana and, as such, the basic Possession of Marijuana is a Class B misdemeanor. If “dealing” is alleged, the minimum charge is a Class A misdemeanor.

Either the possession or the dealing charge can be enhanced with a prior drug conviction or if the weight is more than 10 pounds.  The maximum possession charge is a level 6 felony.  The maximum dealing charge is a level 5 felony, wherein both a prior conviction and the weight over 10 pounds must apply.

Growing any amount of marijuana is also illegal in Indiana.  The most basic charge is the Class B misdemeanor. But, if the individual has a prior drug conviction, they can be charged with a Class A misdemeanor. If the amount grown is more than 30 grams, they can be charged with a Level 6 felony.

The specific charges for these marijuana crimes are as follows:

• Class A Misdemeanor – Maximum Of 1-Year In Prison & A Maximum Fine Of $5,000
• Class B Misdemeanor – Maximum Of 6-Months In Prison & A Maximum Fine Of $1,000
• Level 6 Felony – 6-Months To 2.5-Years In Prison And A Maximum Fine Of $10,000 

The Legality Of Medical Marijuana 

Medical marijuana is illegal in Indiana.  For this reason, police nor prosecutors are not under any legal obligation to honor out of state prescriptions. Therefore possessing any amount of marijuana, or growing marijuana, for your own medical use, can lead to the same charges as any other marijuana possession.

 The Legality Of CBD Oil 

CBD oil is legal under federal, and State law in Indiana. But, it must be derived from hemp, if it is derived from marijuana, then it is illegal.

While hemp-derived CBD products are legal, the cannot contain more than 0.3% of THC.  The laws outlawing marijuana apply to any product containing more than 0.3% of THC.

Penalty ranges are from a Class A misdemeanor up to a level 6 felony.  If the quantity is less than 5 grams, they can be charged with the Class B misdemeanor. If the amount is over 5 grams, they can be charged with a Class A misdemeanor. If they possess more than 5 grams and has a prior drug conviction, they can be charged with a Level 6 felony.

• Level 6 Felony – 6-Months To 2.5-Years In Prison And A Maximum Fine Of $10,000
• Class A Misdemeanor – Maximum Of 1-Year In Prison & A Maximum Fine Of $5,000
• Class B Misdemeanor – Maximum Of 6-Months In Prison & A Maximum Fine Of $1,000 

Speak With An Indianapolis Marijuana Lawyer Today 

Out of all the states in the United States, the marijuana laws in Indiana are some of the strictest. Being caught with any amount of marijuana, in any context, can lead to criminal charges.

Speak with a skilled and experienced Indiana marijuana lawyer today. We will assist you in creating the best possible legal outcome.

Sources: 

ncsl.org/research/health/state-medical-marijuana-laws.aspx

codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-48-4-11.html

law.justia.com/codes/indiana/2021/title-35/article-50/chapter-3/section-35-50-3-3/

law.justia.com/codes/indiana/2021/title-35/article-50/chapter-2/section-35-50-2-7/

iga.in.gov/legislative/2018/bills/senate/52#document-6a10d137

I.C. 35-48-4-10

I.C. 35-48-4-11