Our Indiana attorneys know and understand the necessary experience needed in successfully defending drug possession cases. But all cases are different and it is important to speak with a criminal defense attorney as soon as possible and they 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
According to the Indiana Legislature, classify drugs according to “schedule”. The schedule of drugs is determined by the addictive nature of the drug and is used to determine criminal charges and penalties involving the drugs.
Schedule 5: State that the drugs in this schedule are considered to have a low potential for abuse relative to substances listed in Schedule IV and consist primarily of preparations containing limited quantities of certain narcotics.
Schedule 4: States that all of the medicines in drug classification Schedule IV /Schedule 4 can and are abused and can be addictive or create a dependency, but less than those of Schedules 1, 2, and 3.
Schedule 3: States that these drugs have the potential for abuse for Schedule III/IIIN medicines is less than substances in drugs classified as Schedule I or II/IIN and abuse may lead to moderate or low physical dependence or high psychological dependence.
Schedule 2: States that these drugs have a high potential for abuse which may lead to severe psychological or physical dependence. Drug Schedule II/IIN substances are considered to have medical value.
Schedule 1: States that these drugs have no currently accepted medical use and aren’t considered safe to use even under medical supervision. They have a high potential for abuse and dependency.
Indiana Drug Possession (Controlled Substance) Laws
In Indiana, the penalty you face for possession of a controlled substance depends on two factors:
- Type of drug
- Amount of drugs in your possession
| Drug Substance/Amount | Criminal Charge | Potential Sentence |
| Cocaine or other narcotic, less than 3 grams | Level 6 Felony | 6 months-3 years in prison, $10,000 in fines |
| Cocaine or other narcotic, more than 3 grams | Level 5 Felony | 2-8 years in prison, $10,000 in fines |
| Methamphetamine, less than 3 grams | Level 6 Felony | 6 months-3 years in prison, $10,000 in fines |
| Methamphetamine, more than 3 grams | Level 5 Felony | 2-8 years in prison, $10,000 in fines |
| Other controlled substances (other than marijuana) | Level6 Felony | 6 months-3 years in prison, $10,000 in fines |
Drug Possession Penalty Enhancements
There is a penalty enhancement if there is the possession of any controlled substance within 1,000 feet of a:
- School
- Park
- Housing complex
- Youth center
Based on the controlled substance in possession, the drug possession charge can be elevated to as much as Level 1 felony which is punishable by no less than 20-50 years in prison.
Drug Possession In Indiana?
If you are facing felony drug possession charges in Indiana, it is important to know the potential penalties and prepare the best defense available. Our Indiana criminal defense attorneys are available and are ready to help. Everyone deserves fair treatment in criminal court. Call 317-891-4518 to discuss your case, and find out how we can help you protect your rights and freedom.
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