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Understanding Indiana’s Drug Possession Laws

Written by on September 19, 2021

In America, drug possession charges are classified as grave drug crimes. Shockingly, according to the Center for American Progress, someone in the United States is arrested for being in possession of drugs every 25 seconds. If you are charged with having a controlled substance in Indiana, you face lengthy prison sentences and substantial fines. 

Have you been accused of being in possession of a controlled substance in Indiana? If so, you should definitely consider contacting an Indiana drug possession attorney to seek legal advice. At The Bellinger Law Office, we can help you understand the criminal charges you face and let you know your legal rights.

What Are The Different Controlled Substance Categories

Similar to other states in America, Indiana has five different categories or schedules of controlled substances. Controlled substances are classified according to their characteristics. For example, their potentiality for substance abuse and their medicinal properties.

Additionally, Schedule I drugs have the highest potential for abuse and are not recognized as acceptable for medicinal use. In contrast, Schedule V drugs are accepted for medicinal use and have the lowest potential for abuse. Below are the five controlled substance categories. 

  • Anabolic steroids. 
  • Narcotics.
  • Stimulants.
  • Hallucinogens.
  • Depressants. 

What Is Classified As a Controlled Substance in Indiana?

Under Indiana drug possession law, anyone found to be in possession of a controlled substance without a valid doctor’s prescription could be charged with a Class A misdemeanor or a Level 6 felony. Below we have given examples of the types of drugs that count as controlled substances and their schedule rating. 

  • Schedule I: Ecstasy, heroin, peyote, and marijuana.
  • Schedule II: Methadone, cocaine, Ritalin, and Adderall.
  • Schedule III: Ketamine, testosterone, and anabolic steroids. 
  • Schedule IV: Tramadol, Xanax, Ambien, and valium.
  • Schedule V: Lomotil, motofen, and Lyrica. 

The Different Types Of Possession

In Indiana, there are different types of possession. These different types apply to all drug possession offenses in the state. These two types are known as simple possession and possession with the intent to distribute. Usually, these two types are differentiated based on the amount of substance involved in the crime. Essentially the more you have on your person, the more likely you will be charged with possession with the intent to distribute. 

Examples Of The Penalties For Being In Possession Of A Controlled Substance In Indiana

There are many different charges and penalties under Indiana law. What you are charged with and the sentence you face will depend on the controlled substance found in your possession, the circumstances surrounding where it was found and how much of it you had with you or on your person. Below we have listed a few examples of the different types of penalties you could face. 

  • Methamphetamine and cocaine: Classified as a Class D felony if you had less than 3 grams in your possession. You could face between six months to three years in prison and a fine of up to $10,000.
  • Methamphetamine and cocaine: Classified as a Class C felony if you are found with more than 3 grams in your possession. You could face between two to eight years in prison and a fine of up to $10,000.
  • Marijuana: Classified as a Class A misdemeanor if 30 grams or less is found in your possession but as a Class D felony if more than 30 grams is found in your possession. With a Class A misdemeanor, you could end up needing to serve one year in jail and pay a fine of up to $5,000. 

Contact An Indiana Drug Possession Attorney Today For A Consultation

Indiana’s drug laws are challenging to understand and challenging to navigate without the assistance of an attorney. That’s why you should consider consulting with an Indiana drug possession attorney. If you or someone you care about has been charged with being in possession of a controlled substance, get in contact with The Bellinger Law Office. We can review your case and advise you on what you should do next or defend you in court if needed.

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Contact The Bellinger Law Office in Fort Wayne, Indiana, to learn how we can provide you with legal representation tailored to your precise needs. We listen to your concerns, learn about your case and act decisively to protect your rights. Call 260-428-2214 to learn how attorney Robert Bellinger can advocate for you. Or complete the intake form below to get started.

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