Medical marijuana is a topic of controversy nationally, with some states allowing its use and others firmly outlawing it. Although there have been many laws introduced here, medical marijuana is not legal in Indiana. In this post, attorney Joseph M. Roberts examines legislative attempts to decriminalize this substance and what to do if you are facing marijuana charges in Indiana.
All Marijuana Use Is Illegal in Indiana
Although it’s surrounded by other states with laws allowing medical marijuana use, Indiana remains one of only 12 states that continue to criminalize all marijuana use. Previous Governor Eric Holcomb did sign Senate Bill 52 in 2018, which allowed those with epilepsy and other seizure disorders to use low-THC CBD oil. These products have less than 0.3% of THC and do not induce the high associated with more traditional marijuana products.
Nonetheless, Gov. Holcomb was staunchly against legalization for medical and recreational purposes. When asked about this topic during gubernatorial debates prior to the election, new Governor Mike Braun indicated he believes it may be time for Indiana to consider passing laws that allow medical use. However, he also signed House Bill 1390, outlawing billboards in Indiana that advertise marijuana products from neighboring states.
Penalties Resulting From Marijuana Charges in Indiana
Until things change, any use, sale, possession, or cultivation of marijuana for any purpose remains strictly illegal. Those caught violating the Indiana law on controlled substances can face steep charges and penalties, including:
- Class C misdemeanor: Possession of marijuana paraphernalia carries up to 60 days in jail and $500 in fines.
- Class B misdemeanor: Up to 180 days of imprisonment and a $1000 fine for possession of 30 grams or less of marijuana
- Class A misdemeanor: Prior possession conviction(s) for possessing marijuana or paraphernalia result in up to 1 year in jail, a $5000 fine, or both
- Level 6 felony: Between 6 months and 2 1/2 years incarceration and maximum fines of $10,000 for previous convictions involving over 30 grams of marijuana
On top of these state charges, marijuana is still a Schedule One Drug under federal law, so any violations on federal lands, such as in national parks, could also carry federal charges. Prosecuting attorneys may add drug trafficking charges to possession, especially if the person crossed state lines.
What Should You Do if You’re Arrested for Marijuana-Related Charges?
Remember that anything you say to the police can be used against you, so the first step is to remain calm and stay quiet. Ask what the charges are and ask to speak to your lawyer. Cooperate during the booking process and don’t answer any questions, either from the police officers or the prosecuting attorney, before you’re released.
If you’re released on bail, speak with a criminal defense attorney immediately and avoid talking to anyone else about the charges. If they don’t release you, you still have the right to legal counsel, so your lawyer will meet with you and represent you at your arraignment and other hearings.
Be honest with your lawyer about your situation to give them the strongest chance of building a defense for your case. They will negotiate with the prosecuting attorney to reduce or dismiss your charges, using whatever evidence is available to demonstrate your innocence. At The Law Offices of Joseph M. Roberts, we are ready to stand by your side when you contact us for a consultation today.