Drug Crime Defense Attorney in Central Indiana

Indiana Drug Laws — The Framework

Indiana's drug offense statutes are found primarily in IC 35-48-4, within the broader framework of Indiana's Controlled Substances Act (IC 35-48). The Act classifies controlled substances into five schedules based on their potential for abuse and accepted medical use, and it defines separate offense categories for possession, dealing, and drug-related conduct — each carrying different sentencing exposures depending on the substance involved and the quantity.

Indiana's Controlled Substance Schedules

Indiana classifies controlled substances into Schedules I through V under IC 35-48-2, broadly paralleling the federal schedule structure:

• Schedule I: No accepted medical use; high abuse potential. Includes heroin, LSD, MDMA (ecstasy), psilocybin mushrooms, and — under Indiana law — marijuana.
• Schedule II: High abuse potential with some accepted medical use under severe restrictions. Includes cocaine, methamphetamine, fentanyl, oxycodone, hydrocodone (in certain formulations), and amphetamines.
• Schedule III: Moderate abuse potential. Includes anabolic steroids and certain prescription combinations.
• Schedule IV: Lower abuse potential. Includes benzodiazepines (Xanax, Valium), tramadol, and similar prescription drugs.
• Schedule V: Lowest abuse potential; accepted medical use. Includes certain cough preparations containing codeine.

The schedule of the substance directly determines the felony level for possession and dealing offenses, along with the quantity involved.

Marijuana in Indiana

Marijuana remains a Schedule I controlled substance in Indiana and is illegal for both recreational and medical use. A medical marijuana card from another state provides no protection under Indiana law. Possession of marijuana of 30 grams or less for a first offense is a Class B misdemeanor under IC 35-48-4-11, carrying up to 180 days in jail and a $1,000 fine. Prior convictions elevate subsequent marijuana possession to a Class A misdemeanor or Level 6 felony. Dealing in marijuana carries felony charges, with the level depending on quantity and circumstances.

Possession vs. Dealing vs. Trafficking

Indiana draws important distinctions between possession, dealing, and trafficking:

• Possession: Knowingly or intentionally possessing a controlled substance without a valid prescription. The felony level depends on the substance and quantity.
• Dealing: Manufacturing, financing, delivering, or distributing a controlled substance — or possessing it with intent to deliver. Dealing charges carry substantially higher sentencing exposure than possession. Intent to deliver can be proven circumstantially through evidence of large quantities, packaging, scales, currency, communications, or other indicia.
• Trafficking: A subset of dealing that typically involves larger quantities or organized distribution. Level 1 and Level 2 felony drug charges generally involve trafficking-level quantities of the most serious controlled substances.

Felony Levels and Penalties for Drug Offenses

Drug offense sentencing levels under IC 35-48-4 range from misdemeanor to Level 1 felony depending on the substance and quantity:

• Level 1 Felony Dealing: Largest quantities of Schedule I or II substances (e.g., dealing in 10+ grams of cocaine or meth). Advisory sentence 30 years; range 20 to 40 years.
• Level 2 Felony Dealing: Smaller dealing quantities or certain enhancements. Range 10 to 30 years.
• Level 3 Felony Dealing: Intermediate quantities. Range 3 to 16 years.
• Level 4 Felony Dealing: Lower dealing quantities. Range 2 to 12 years.
• Level 5 Felony Possession/Dealing: Smaller quantities or lower schedule substances. Range 1 to 6 years.
• Level 6 Felony Possession: Minimum threshold possession for Schedule I/II substances, including any amount of methamphetamine. Range 6 months to 2.5 years.
• Misdemeanor Possession: Certain substances in small quantities, including first-offense marijuana possession under 30 grams.

Methamphetamine Enhancements

Methamphetamine offenses receive particularly severe treatment under Indiana law. Unlike many other Schedule II substances, there is no misdemeanor possession of methamphetamine in Indiana — possession of any amount is a Level 6 felony. Dealing in methamphetamine scales from Level 5 up to Level 2 based on quantity, with Level 2 applying to dealing in 10 or more grams. Enhancements apply when the offense occurs near a school, involves a minor, or occurs in a dwelling.

Pretrial Diversion

Pretrial diversion is an agreement that allows a defendant to avoid conviction by completing a set of conditions — which typically include drug treatment or education, regular check-ins, drug testing, community service, and no new criminal charges — over a defined period. If the defendant successfully completes the program, the charge is dismissed and no conviction is entered. Eligibility depends on the charge, the defendant's prior record, and the policies of the specific county prosecutor's office. Diversion is not available in every jurisdiction or for every offense, but it is a meaningful option for eligible defendants that warrants evaluation in every drug case.

Drug Charges and Expungement

The interaction between drug charges and Indiana's expungement statute (IC 35-38-9) is worth understanding from the outset of a case. Misdemeanor drug convictions may be eligible for expungement after five years. Level 6 felony drug convictions may be eligible after eight years. Higher-level felony drug convictions may be eligible after ten years, typically requiring the prosecutor's consent. Certain serious trafficking convictions are excluded. The one-time nature of the expungement petition — you generally get one chance — means planning for expungement eligibility should be part of resolving any drug case.

Constitutional Challenges in Drug Cases

Many drug cases involve evidence obtained through searches — of vehicles, homes, persons, or electronic devices. The Fourth Amendment prohibits unreasonable searches and seizures, and evidence obtained without a valid warrant or recognized exception may be subject to a motion to suppress. Common issues include traffic stops that lacked reasonable suspicion, vehicle searches beyond the scope of a valid stop, searches of homes without a warrant or valid consent, and the reliability and execution of search warrants. A successful suppression motion can eliminate the prosecution's primary evidence, dramatically changing the posture of a case.

Frequently Asked Questions