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Marijuana possession

Indiana Lawyer for Marijuana Possession Charges

Fort Wayne lawyer provides defense for marijuana charges

 Reform of marijuana laws in several states has turned the country into a patchwork of conflicting regimes. In some, eligible consumers can access medically prescribed marijuana, while in others, recreational use is legal. Still other states that restrict marijuana use have nevertheless decriminalized possession for personal use. However, Indiana remains strident in its objection to any use of marijuana. Therefore, if you’ve been arrested here, you face serious legal consequences. At The Law Offices of Ryan E. Lackey in Fort Wayne, an Indiana lawyer for marijuana possession charges is ready to help.

Is marijuana legal in Indiana?

Holding only a little weed may get you a free pass in San Francisco or New York City. But Indiana law still classifies marijuana as a Schedule I controlled substance, at the same level as heroin and cocaine. The Indiana Code also groups marijuana with hash oil, hashish, salvia and synthetic cannabinoids when determining the level of the drug offense.

Penalties for marijuana possession in Indiana

Penalties for possession are based on the amount of marijuana as well as enhancing circumstances and the defendant’s prior record. The following is a summary of the offenses and penalties:

  • Possession of less than 30 grams of marijuana, cultivating marijuana plants or failing to destroy marijuana plants known to be on one’s property is a Class B misdemeanor (up to one year in jail and a $5,000 fine).
  • Knowing or intentional manufacturing, financing, or delivery of marijuana, or possession with the intent to manufacture, finance or deliver is a Class A misdemeanor (up to one year in jail and a $5,000 fine).
  • Possession of less than 30 grams of marijuana or 5 grams of hash oil/hashish, by a person with a prior drug offense conviction is a Level 6 felony (six months to two-and-a-half years in prison).
  • Possession of at least 30 grams but less than 10 pounds of marijuana by a person with a prior drug dealing conviction is a Level 5 felony (one to six years in prison).
  • Possession of at least 10 pounds of marijuana, or 300 grams if hash oil, hashish, or salvia, by someone with no prior drug conviction is a Level 5 felony (one to six years in prison).
  • Sale of marijuana to a minor is a Level 5 felony (one to six years in prison).

Felony counts also come with fines up to $10,000. Given the severity of the charges, you should immediately contact a qualified drug possession defense attorney.

Avoiding a marijuana possession conviction in Indiana

Even though public attitudes towards marijuana use are changing, a drug offense conviction can have lasting consequences, even after you’ve served your sentence. However, with proper legal representation, you might obtain a favorable outcome, such as having the charges dismissed or reduced.

Ways to have marijuana possession charges dismissed

Many drug cases get dismissed because police tactics raise questions about civil rights violations and the admissibility of evidence. If you were subjected to an illegal traffic stop or an illegal search, drug evidence the cops seized cannot be shown in court. An experienced defense attorney might convince a prosecutor that your case isn’t worth the time in court. 

Indiana diversion programs for marijuana possession cases

Defendants facing first-time drug charges including marijuana possession can often have their cases diverted to drug court. The criminal court suspends adjudication of the criminal case, and if the defendant completes the program recommended in drug court, the charges can be dismissed. You can avoid jail time and a criminal record. But first, your attorney must persuade the judge that you are an appropriate candidate for the diversion program.

Contact our Indiana defense attorney to fight marijuana possession charges

The Law Offices of Ryan E. Lackey provides solid criminal defense representation for clients charged with marijuana possession. For a free consultation, please contact the firm online or call us at 260-222-7364.

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  • Fort Wayne Office
    1519 Spy Run Ave.
    Fort Wayne, Indiana 46805
    Phone: 260-437-0197
    Fax: 260-745-4703