Being charged with a drug possession crime in Indiana can be frightening and stressful. Any Indiana drug charges are serious offenses, and demand an aggressive defense in court to assure that your rights are protected.
“Drug offender” is a label no one wants to carry. You are likely frightened of what a drug conviction can mean for your future. In addition to jail time and fines, some convictions make it harder to gain employment and you will be stuck with a permanent criminal record.
Our Indiana drug possession defense attorneys are always prepared to fight on your behalf. We will often file a motion to suppress evidence against you, on grounds of an illegal search. Police officers can only search you or your home or person under specifically defined circumstances. You have a right to be free from unreasonable search under Indiana law and the US Constitution.
We have handled many drug cases and know that experience can be critical. But all cases are different and we need to hear the specifics of your case, and go over the facts to design the best defense possible.
The first step is always a consultation. And we provide that for free with no obligation, so please contact us today to take advantage.
Indiana Criminal Drug Classifications
The Federal government and the Indiana Legislature, classify drugs according to “schedule”. The schedule is determined by the addictive nature of the drug and is used to determine criminal charges and penalties involving the drugs.
Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD, heroin and mescaline.
Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like opium, cocaine, crack, PCP, methadone, methamphetamines, and amphetamines.
Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse. Schedule III substances include anabolic steroids, testosterone, ketamine, and codeine.
Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are clonazepam, tranquilizers, and valium.
Schedule V substances have a very low risk of dependency and include things like Tylenol with Codeine.
Indiana Drug Possession (Controlled Substance) Laws
In Indiana, the penalty you face for possession of a controlled substance depends on two factors:
1. What the controlled substance was
2. How much you had in your possession
| Drug Substance/Amount | Criminal Charge | Potential Sentence |
| Cocaine or other narcotic, less than 3 grams | Class D Felony | 6 months-3 years in prison, $10,000 in fines |
| Cocaine or other narcotic, more than 3 grams | Class C Felony | 2-8 years in prison, $10,000 in fines |
| Methamphetamine, less than 3 grams | Class D Felony | 6 months-3 years in prison, $10,000 in fines |
| Methamphetamine, more than 3 grams | Class C Felony | 2-8 years in prison, $10,000 in fines |
| Other controlled substances (other than marijuana) | Class D felony | 6 months-3 years in prison, $10,000 in fines |
For Marijuana possession laws & penalties, see my marijuana possession page.
School Zone Drug Possession Penalty Enhancements
If you are found in possession of any controlled substance within 1,000 feet of a school, park, housing complex, or youth center, your charge can be elevated considerably. Depending on the substance you are caught with, the charge can be elevated to a Class A felony which is punishable by 20-50 years in prison.
Ref: IC 35-48-4
Charged with Drug Possession In Indiana? Get a Defense Consultation
If you are facing misdemeanor or felony drug charges in Indiana, you have every right to be worried about the future. We know what you are facing and want to help. You deserve an aggressive defense and fair treatment in criminal court. Call today to discuss your case, and find out how we can help you protect your rights and freedom.