In the state of Indiana, drug-related offenses are treated with utmost seriousness and are subject to stringent penalties. This blog post aims to delve deeper into the specifics of these penalties, providing a detailed understanding of the consequences associated with drug crimes in Indiana.
With over 30 years of experience, Verdelski Miller is a dedicated and seasoned criminal defense lawyer in Evansville. If you are charged with a drug offense, contact our office today for a free case review.
Drug Crimes: Categories and Classifications
Drug offenses in Indiana are categorized based on the nature of the crime (possession, manufacturing, or dealing), the type of drug involved, and the quantity of the drug.
Possession charges are dependent on the type and amount of drug involved. For instance, possession of less than 30 grams of marijuana as a first offense is considered a Class C misdemeanor. However, possession of over 28 grams of cocaine or narcotic drugs is classified as a Level 2 felony.
Manufacturing charges also vary based on the type of drug. Manufacturing marijuana can lead to a Level 6 felony charge. Manufacturing methamphetamine is considered a more serious offense and can result in a Level 2 felony charge.
Dealing charges range from a Class A misdemeanor for dealing less than 30 grams of marijuana (first offense) to a Level 2 felony for dealing over 10 grams of cocaine or narcotic drugs.
Penalties for Drug Crimes in Indiana
The penalties can vary based on the amount and type of drugs and if the defendant is a first-time offender.
Misdemeanors are considered less serious than felonies, but they still carry significant penalties.
- Class C Misdemeanor: The least severe of all charges, a Class C misdemeanor can result in up to 60 days in jail and a fine not exceeding $500. This is typically for first-time offenders with small amounts of marijuana.
- Class B Misdemeanor: A step up from Class C, a Class B misdemeanor includes penalties of up to 180 days in jail and a fine not exceeding $1,000. This could be for possession of a larger amount of marijuana or other controlled substances.
- Class A Misdemeanor: The most serious misdemeanor, a Class A misdemeanor can lead to up to 1 year in jail and a fine not exceeding $5,000. This is often for repeat offenders or possession of harder drugs.
Felonies are more serious crimes that carry heavier penalties.
- Level 6 Felony: The least severe felony, a Level 6 felony includes penalties of between 6 months and 2.5 years in prison and a fine not exceeding $10,000. This could be for manufacturing or dealing marijuana.
- Level 5 Felony: A Level 5 felony carries penalties of between 1 and 6 years in prison and a fine not exceeding $10,000. This could be for dealing or manufacturing harder drugs.
- Level 4 Felony: A Level 4 felony includes penalties of between 2 and 12 years in prison and a fine not exceeding $10,000. This is often for repeat offenders or large-scale drug operations.
- Level 3 Felony: A Level 3 felony carries penalties of between 3 and 16 years in prison and a fine not exceeding $10,000. This is typically for large-scale manufacturing or dealing operations involving harder drugs.
- Level 2 Felony: The most severe charge, a Level 2 felony includes penalties of between 10 and 30 years in prison and a fine not exceeding $10,000. This is often for major drug trafficking operations involving large quantities of hard drugs.
Remember, these are general guidelines and the actual sentence can vary based on the specifics of the case, including the defendant’s criminal history and the circumstances surrounding the crime. Always consult with an attorney for advice specific to your situation.
Indiana Drug Crime Laws and Statutes
The following is an overview of important Indiana laws related to drug crimes.
Indiana Code Section 35-48-4-11 (Marijuana)
Indiana Code § 35-48-4-11 addresses the possession of marijuana. Possession of less than 30 grams of marijuana is classified as a Class B Misdemeanor, but this can escalate to a Class A Misdemeanor if the person has a prior drug offense or if the marijuana is packaged in a manner that appears to be low THC hemp extract.
Indiana Code Section 35-48-4-6 (Cocaine)
Indiana Code Section 35-48-4-6 covers the possession of cocaine or narcotic drugs. The penalties can vary depending on the quantity of cocaine involved and whether the offense occurred near a school property.
Indiana Code Section 35-48-4-6.1 (Methamphetamine)
This section pertains to the possession of methamphetamine. As with cocaine, penalties can vary based on the quantity of methamphetamine involved and proximity to a school property.
Title 856 Indiana Administrative Codes – Article 2 (Controlled Substances)
This part of the Indiana Administrative Code provides regulations related to controlled substances. These are substances that require a prescription and include medication.
The actual charges and penalties can vary based on each case’s specifics, including the defendant’s criminal history and circumstances surrounding the crime.
Call a Seasoned Evansville Criminal Defense Lawyer
The state of Indiana imposes severe penalties for drug-related crimes. If you or someone you know is facing such charges, it’s imperative to reach out to an Evansville criminal defense lawyer. Remember that being charged with a crime does not equate to being guilty.