A routine traffic stop, a search of a backpack or a substance found in a shared apartment can each lead to a possession charge. Knowing how the law works may help you explore what legal options you might have available.
Drug schedules under Indiana law
Indiana organizes controlled substances through its version of the Uniform Controlled Substances Act. The law sorts drugs into the following five schedules based on their potential for abuse and whether they have an accepted medical use:
- Schedule I: Heroin, LSD and marijuana, drugs the state says have no accepted medical use.
- Schedule II: Cocaine, methamphetamine and fentanyl, which carry a high risk of abuse.
- Schedule III: Ketamine, steroids and some sedatives with a moderate risk.
- Schedule IV: Anti-anxiety drugs such as Xanax and Valium with a lower risk.
- Schedule V: Low-dose codeine medicines with the least risk.
The state also recognizes constructive possession, which applies when you have both the ability and the intent to control a substance found in an area, even if it is not on your person.
Penalties for possession offenses
Consequences depend on the type of substance, the amount involved and your criminal history. Common charges can include:
- Marijuana, first offense: Class B misdemeanor with up to 180 days in jail and a $1,000 fine.
- Marijuana with a prior drug offense: Class A misdemeanor, rising to a Level 6 felony at 30 grams or more.
- Other scheduled substances without a valid prescription: Class A misdemeanor with up to one year in jail and a $5,000 fine.
- Cocaine, methamphetamine or narcotics: Level 6 felony carrying six months to two and a half years in prison.
- 28 grams or more of those substances: Level 3 felony with a sentence of up to 16 years.
Certain aggravating factors can raise a charge by one level, including a prior conviction for dealing a controlled substance (other than marijuana), a firearm during the offense, an offense inside a correctional facility or an offense near a school or public park while minors could be present.
Defenses against criminal charges
Many possession cases rise or fall on how police found the evidence. A search of your vehicle, home or belongings without a warrant or a recognized exception can lead a court to suppress what officers found. This may leave the prosecution without a workable case.
The state must also prove you knowingly possessed the substance. In constructive possession cases involving shared cars or apartments, the defense may show the drugs belonged to someone else or that you did not know they were there.
A valid prescription might defeat charges involving many scheduled medicines. Indiana law permits conditional discharge for some first-time marijuana offenses, which can end in dismissal once you complete court-ordered terms.