Dealing/Possession of Marijuana
Marijuana is illegal in Indiana – it is not even legal for medical purposes. Possession of even small amounts of marijuana is punishable by up to a year of incarceration and a fine of up to $5,000. Currently 29 states have medical marijuana programs in place and Indiana has recently approved a legislative commission to study medical marijuana. At this time, however, there are still criminal penalties in place for the sale and possession of marijuana.
WHAT ARE THE PENALTIES FOR MARIJUANA OFFENSES IN INDIANA?
The penalties can vary depending on the amount you have in your possession and whether or not you are charged with dealing.
POSSESSION OF MARIJUANA
Indiana Code 35-48-4-11 lays out the penalties for possession of marijuana in Indiana which varies based on the amount. If you are charged with possession of less than thirty (30) grams, the penalty is a B misdemeanor which carries a penalty of up to 180 days in jail. If you have a prior drug conviction, the offense is a class A misdemeanor which can carry up to one year in jail.
| B Misdemeanor | knowingly or intentionally possesses (pure or adulterated) marijuana (less than 30 grams), hash oil (less than 5 grams), hashish, or salvia. |
| A Misdomeanor | knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia and the person has a prior conviction for a drug offense. |
| Level 6 Felony | the person has a prior conviction for a drug offense; and the person possesses: (A) at least thirty (30) grams of marijuana; or (B) at least five (5) grams of hash oil, hashish, or salvia. |
DEALING MARIJUANA
Indiana Code 35-48-4-11 lays out the penalties for possession of marijuana in Indiana which varies based on the amount. If you are charged with possession of less than thirty (30) grams, the penalty is a B Misdemeanor which carries a penalty of up to 180 days in jail.
| A Misdemeanor | a person who knowingly or intentionally manufactures; finances the manufacture of; delivers; or finances the delivery of marijuana, hash oil, hashish, or salvia, pure or adulterated commits dealing in marijuana, hash oil, hashish, or salvi |
| Level 6 Felony | the offense can be a level 6 felony in two circumstances (1) the person has a prior conviction for a drug offense and the amount of the drug involved is: (A) less than thirty (30) grams of marijuana; or (B) less than five (5) grams of hash oil, hashish, or salvia; or (2) the amount of the drug involved is: (A) at least thirty (30) grams but less than ten (10) pounds of marijuana; or (B) at least five (5) grams but less than three hundred (300) grams of hash oil, hashish, or salvia. |
| Level 5 Felony | the offense can be a level 5 felony in two circumstances: (1) the person has a prior conviction for a drug dealing offense and the amount of the drug involved is: (A) at least thirty (30) grams but less than ten (10) pounds of marijuana; or (B) at least five (5) grams but less than three hundred (300) grams of hash oil, hashish, or salvia; or (2) the: (A) amount of the drug involved is: (i) at least ten (10) pounds of marijuana; or (ii) at least three hundred (300) grams of hash oil, hashish, or salvia; or (B) offense involved a sale to a minor. |
HOW VINING LEGAL CAN HELP
There are several ways to approach a marijuana case and you will need to hire someone who can review the alleged facts and help build your case. At Vining Legal, we have represented people facing marijuana charges throughout Indiana and would be able to work with you to help answer your questions and build your case. If you are facing any kind of marijuana charge, please call us today at (317) 759-3225 for a free consultation about your case
Contact us.
Call us today to schedule a free case evaluation to review what you can be doing about pending criminal charges. You can text or call (317) 759-3225 to get your questions answered immediately or you can fill out the following form and one of my team members will reply ASAP.