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Marijuana and Drug Crimes
Marijuana and Drug Crimes Committed before July 1, 2014  

Possession of marijuana or other controlled substances is prosecuted aggressively in Indiana.  Convictions for drug crimes, including possession of marijuana less than 30 grams, are substance offenses under Indiana law. A person who is convicted of three unrelated substance offenses can be adjudicated a habitual substance offender and face a 3 to 8 year sentencing enhancement. Certain drug crimes also require a mandatory driver’s license suspension. Drug charges can also escalate to higher offense levels for allegations of dealing, possession of large amounts of drugs, or by possession or dealing within 1000 feet of a school or public park.

Marijuana Offenses in Indiana (For Offenses After June 30, 2014 Click Here)

Possession of marijuana under 30 grams is a Class A misdemeanor and carries a penalty of up to one year in jail. If a person possesses more than 30 grams of marijuana, the offense elevates to a Class D felony with a sentencing range of 6 months to 3 years in prison. First time marijuana offenders may be able to avoid a conviction by negotiating a conditional discharge or diversion agreement. These agreements often provide that the defendant must complete drug counseling and community service and not get arrest for one year, in exchange for getting the charges dropped. The negotiation of these agreements, and their terms, depends on a person’s criminal history and the facts of each case. If a person is charged with possession of marijuana, they should contact an experienced criminal attorney immediately.

Pills and Controlled Substances

Possession of certain controlled substances without a valid prescription from a doctor is a Class D felony. This includes Xanax, Adderall, ecstasy, and psychedelic mushrooms. However, in certain circumstances, a conviction can be entered as a Class A misdemeanor. If a court finds that a motor vehicle was used in the commission of the offense, a conviction requires a driver’s license suspension between six months and two years.

Cocaine and Methamphetamine

A person who possesses cocaine or methamphetamine commits a Class D felony. However, the offense is a Class C felony if the drug involved weighs more than 3 grams. If a person possesses cocaine or methamphetamine on a school bus or within 1000 feet of a school, the offense is a Class B felony if less than 3 grams is involved and a Class A felony if more than 3 grams is involved. Dealing in cocaine or methamphetamine is a Class B felony and is elevated to a Class A felony if more than 3 grams is involved or the dealing took place on a school bus or within 1000 feet of a school.  A Class B felony carries a sentencing range of 6 to 20 years in prison. A Class A felony carries a sentencing range of 20 to 50 years in prison.

Legal Representation in Marijuana and Drug Cases

Drug charges can arise from merely being in the wrong place, at the wrong time, or being associated with the wrong people. Drug arrests can also result from illegal traffic stops or illegal searches. You should never consent to the search of your car, home, computer, or person. It is unlawful for police to search your property without probable cause and a valid search warrant. If you have been arrested for a drug crime, it is important to consult with an experienced criminal attorney who can evaluate whether your Constitutional rights were violated. If you are arrested on drug charges, you should never give a statement without your attorney present.

Contact Us



Gibson Law Office
133 N. 4th St.
Suite 73
Lafayette, IN 47901

Phone: (765) 742-8440

Gibson Law Office
115 N College Ave
Suite 265
Bloomington, IN 47404

Phone: (812) 269-1508

Fort Wayne
Gibson Law Office
701 S. Clinton St.
Suite 300
Fort Wayne, IN 46802

Phone: (260) 739-5425
Gibson Law Office
1106 Meridian St
Suite 424
Anderson, IN 46016

Phone: (765) 313-7313
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