Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-11
Search Indiana Code
Search by Keyword or Citation
(1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia;
(2) knowingly or intentionally grows or cultivates marijuana; or
(3) knowing that marijuana is growing on the person’s premises, fails to destroy the marijuana plants;
commits possession of marijuana, hash oil, hashish, or salvia, a Class B misdemeanor, except as provided in subsections (b) through (c).
(b) The offense described in subsection (a) is a Class A misdemeanor if the person has a prior conviction for a drug offense.
(c) The offense described in subsection (a) is a Level 6 felony if:
(1) the person has a prior conviction for a drug offense; and
(2) the person possesses:
(A) at least thirty (30) grams of marijuana; or
(B) at least five (5) grams of hash oil, hashish, or salvia.
(d) It is a defense to a prosecution under subsection (a)(1) based on the possession of a substance containing cannabidiol that:
(1) the person is a patient or caregiver registered under IC 16-42-28.6 for the use of a substance containing cannabidiol;
(2) the person reasonably believed that the substance possessed by the person was a substance containing cannabidiol; and
(3) the substance containing cannabidiol is packaged in a container labeled with the origin, volume, and concentration by weight of total THC, including its precursors and derivatives, and cannabidiol.
(e) It is a defense to a prosecution under this section based on the possession of a substance containing cannabidiol that:
(1) the substance containing cannabidiol has been approved by the federal Food and Drug Administration or the federal Drug Enforcement Agency as a prescription drug; and
(2) the substance was prescribed and dispensed in accordance with the federal approval described in subdivision (1).
Indiana Title 35. Criminal Law and Procedure Section 35-48-4-11. Read the code on FindLaw
Being caught with marijuana and charged with a crime of marijuana possession in Indiana is a common drug charge. However, this does not mean it should be taken lightly. Depending on the circumstances of your case you could be facing significant fines, a permanent criminal record, and even jail time.
A conviction for marijuana possession and the criminal record that would come with it is something that can seriously impact your life and your future. It can be critical to get solid legal advice about your options in defending your rights and protecting your future.
‘center’, ‘clear’ => ”, ‘margin_top’ => ”, ‘margin_bottom’ => ”, ‘padding_top’ => ”, ‘padding_bottom’ => ”), array(), array()) –>
Charged with a crime in Indiana? Please call (888) 632-5650
And there are excellent defense options. If this is a first offense marijuana charge, you may qualify for more lenient sentencing or a “conditional release”.
As your attorneys it would be our job to ensure that your rights are being looked after at every stage of the criminal justice process. We would work diligently to ensure you got the best possible result on your day in court.
Indiana Marijuana Possession – Laws & Penalties
If you are charged with possession, the penalty you face depends on how much marijuana you allegedly had in your possession.
If you had less than 30 grams of marijuana , you will likely face a Class A misdemeanor charge with potential penalties of up to one year in jail and $5,000 in fines.
If you were caught with more than 30 grams , your charge is elevated to a Class D felony and you face 6 months to 3 years in prison as well as maximum fines of $10,000.
If this is your first drug charge in Indiana, you may be eligible for “conditional discharge”. This simply means that Indiana gives you one free pass on a marijuana charge.
You may be required to do community service, pay fines, or attend a drug education class, but if completed successfully, the conviction will not appear on your record. Keeping your record clean can be a key goal of your legal defense strategy.
Indiana Marijuana Possession with Intent – Laws & Penalties
If you are charged with delivering, manufacturing or possessing marijuana with the intent to deliver, you could be facing this more severe charge.
Intent to sell or deliver marijuana can be a subjective charge based on circumstances or packaging, and isn’t related to the quantity. As your attorney, we can argue that the charge should be reduced to simple possession if the pot was for your personal use.
If the amount you were caught with is less than 30 grams you face only Class A misdemeanor charges and 1 year in jail with fines reaching up to $5,000.
However, if there was more than 30 grams, the charge is elevated to a Class D felony with a potential sentence of 6 months to 3 years in prison and fines up to $10,000.
If there are more than 10 pounds of marijuana or the offense occurred within 1,000 feet of a school, public park, or community center, the charge is elevated to a Class C felony. Class C felonies carry a potential sentence of 2 to 8 years in prison and fines up to $10,000.
Busted for Marijuana Possession? Get Legal Advice. No Obligation.
Not all marijuana charges are simple. We know what you are up against and want to help you. Our attorneys have experienced fighting drug charges in Indiana courts, and can help you work out your options and help determine the best defense for you. Call us to discuss the details of your case today.
Free Legal Consultation
Contact our attorneys for a free legal case evaluation on any criminal charge by calling:
Accused of possession of marijuana in Indiana? Get experienced help from a defense lawyer in Indiana who knows how to fight marijuana possession charges.