Possession with Intent to Distribute in Indiana

Experienced Fort Wayne lawyers defend serious drug charges

When it comes to home shopping, there are times when it’s advantageous to buy in bulk. But what’s good for household staples can be huge trouble when it comes to illicit drugs. Instead of being arrested for simple drug possession, which is serious enough, you might find yourself charged with possession with intent to distribute. In Indiana, a conviction for this crime can take years, even decades, of your freedom away. You need determined and experienced criminal defense representation, which you can find at The Law Offices of Ryan E. Lackey in Fort Wayne.

What is possession with intent to distribute?

Drug possession is knowingly holding a controlled substance or exercising control over it. When a drug seized comes in small amounts, authorities will take it for granted that those drugs were for your personal use. However, when you surpass a threshold weight of a substance, the law allows authorities to infer you intended to sell those drugs for profit. What was actually in your mind, your true intent, is irrelevant. You are not charged as a user but as a supplier. 

Drug possession vs intent to distribute in Indiana

Possession with intent to distribute is also known as drug trafficking. Under Indiana law, authorities do not have to catch you in the act of selling, delivering or purchasing the illegal drugs. All that’s required is for you to possess the threshold amount. Then, instead of being charged with a misdemeanor, you face felony charges. 

Briefly, here are the elements of a drug trafficking charge:

• Quantity — Depending on the Schedule of the drug, you can be charged with trafficking for amounts reaching the threshold amounts of five, 10 or 28 grams.
• Knowing possession — All the authorities must show is that you were in willing and intentional possession.

A common misunderstanding is that that elements such as manufacture, sale or movement of drugs are necessary to prove trafficking, but under state law, they are irrelevant. Moreover, you can be charged with violating federal law, which allows for even lengthier sentencing.

Is marijuana classified as a controlled substance in Indiana?

Although marijuana laws are being reformed across the country, marijuana has not been decriminalized in Indiana. The drug remains a controlled substance with severe penalties for possession. Indiana does not even permit medical marijuana usage.

Penalties when charged with intent to distributed in Indiana

Potential penalties for possession of drugs with intent to distribute depends on the schedule of the substance and the amount. If the drugs were Schedule I or II substances, such as cocaine or methamphetamine, you might face penalties as follows:

• Less than 5 grams — Level 6 felony (six months to two-and-a-half years in prison)
• At least 5 grams but less than 10 grams — Level 5 felony (one to six years in prison)
• At least 10 grams but less than 28 grams — Level 4 felony (two to 12 years in prison)
• 28 grams or more — Level 3 felony (three to 16 years in prison)

Given the seriousness of the charges, you need to contact an Indiana drug crimes attorney immediately to protect your rights and formulate a compelling drug possession defense.

Contact our criminal defense attorney to fight Indiana drug trafficking charges

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