Legal implications of marijuana possession in Indiana
In March 2018, Indiana allowed the sale, purchase and possession of cannabidiol, or CBD. It is a product derived from cannabis and has less than 0.3 percent THC, the main psychoactive component of cannabis. However, marijuana is still illegal in the state and the sale, purchase or possession of marijuana can attract serious consequences that can range from incarceration of three months and $1,000 in fines for the least offense to incarceration of six years and $10,000 in fines for the most serious offense.
Per current laws, if an individual in Indiana is found to be in possession of marijuana, it is a misdemeanor and can lead to incarceration of three months and a fine of up to $1,000. For repeat offenders, penalties depend on the amount in possession. For possession of less than 30 grams, it is a misdemeanor and can lead to incarceration of one year and fines of up to $5,000; for possession of more than 30 grams, it is a felony and can lead to incarceration of six to 30 months along with fines of up to $10,000.
In addition to the possession of the actual drug, it is an offense to possess, manufacture or sell marijuana paraphernalia in Indiana. The first conviction is considered an infraction and can lead to fines of up to $10,000. For those with prior convictions, the offense is a felony and can lead to incarceration of six to 30 months and fines if up to $10,000. Interestingly, the mere knowledge of any marijuana-related offense taking place is a misdemeanor that can lead to six months in prison and up to $1,000 in fines.
Marijuana-related charges can lead to some worrisome consequences. In order to make sure that the drug-related charge is tackled effectively, it is important for the accused to seek legal guidance at the earliest possible opportunity. The right legal guidance can go a long way in making sure that the rights of the accused are protected even in hostile circumstances. This is especially true for those people who are actually innocent but who made the mistake of just trying to experience the “high” of marijuana.In March 2018, Indiana allowed the sale, purchase and possession of cannabidiol, or CBD. It is a product derived from … Drug Crimes
Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-11
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(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 ]]>