Updated: Dec 7, 2021
"Everyone has it" is not a sufficient argument when it comes to possession of marijuana. In Indiana, it is illegal to possess marijuana, and an arrest or charge for possession can lead to serious, life-long consequences. Therefore, it is important that you know the general law surrounding possession of marijuana, the likely penalties, and the best course of action upon being arrested.
What is Possession of Marijuana?
In Indiana, possession of marijuana is defined as (1) knowingly or intentionally possessing marijuana, (2) knowingly or intentionally growing or cultivating marijuana, or (3) knowingly or intentionally failing to destroy marijuana plants located in your premises. Possession of marijuana is typically categorized as a misdemeanor, but it can get elevated to a level 6 felony in certain circumstances.
Consequences of Possession in Indiana
The consequences of possession can vary depending primarily on (1) how much marijuana you possessed and (2) whether you have a prior drug conviction. Here are three possible charges and penalties you might face in Indiana for possession of marijuana:
Class B Misdemeanor – If you are found with less than 30 grams of marijuana AND you have no prior drug conviction, you will probably be charged with a Class B Misdemeanor punishable with up to 180 days in jail and $1,000 fine.
Class A Misdemeanor – If you are found with less than 30 grams of marijuana AND you have a prior drug conviction, you will probably be charged with a Class A misdemeanor punishable with up to 1 year in jail and $5,000 fine.
Level 6 Felony – If you are found with more than 30 grams of marijuana AND you have a prior drug conviction, you can be charged with a level 6 felony punishable with between 6 months and 2.5 years in jail and $10,000 fine.
What You Should Do If You're Arrested For Possession
A charge or a conviction will permanently stay on your criminal record until expunged, and a stained record can severely limit your rights and opportunities. Therefore, if you are arrested for possession, you should immediately contact a lawyer. A lawyer who knows the law and is familiar with the legal processes can identify all of your possible defenses to help reduce your penalties or even dismiss your charge.
If you are arrested for or charged with possession of marijuana and would like an experienced lawyer to assist you, contact Brinkley Law at any time at 317-643-1813.