Unlike many other states, Indiana has not legalized marijuana, even for medical purposes. The state continues to enforce penalties for possessing, distributing, and cultivating any amount of marijuana.
Indiana’s marijuana laws are strict, and the penalties for being convicted can be severe, even for a minor offense. Because of the gravity of the consequences, you should hire a skilled and experienced Merrillville criminal defense lawyer as soon as possible to start preparing your defense.
Contact The Law Office of Joseph M. Roberts LLC to consult with an experienced Merrillville marijuana charges defense attorney. We stand ready to help you navigate the legal system and defend against any marijuana charge you face.
The Penalties for Marijuana Charges in Indiana
In Indiana, you can be charged with a crime for possessing, distributing, or cultivating marijuana, and even for having marijuana-related paraphernalia in your possession. The specific penalties a conviction carries are largely based on the quantity of marijuana.
The Possession of Marijuana (Indiana Code § 35-48-4-11)
The typical penalties for simple possession of marijuana in Indiana are as follows:
- Possessing less than 30 grams of marijuana is classified as a Class B misdemeanor with penalties of up to 180 days in jail and a $1,000 fine for a first offense.
- Possessing 30 grams or more of marijuana is classified as a Class A misdemeanor, which carries a potential sentence of 1 year in jail and up to $5,000 in fines. If you have ever been convicted of a drug offense at any time in your past, any subsequent charge involving less than 30 grams will be charged as a Class A misdemeanor.
- Possessing at least 30 grams with a prior conviction will be charged as a Level 6 felony, carrying six months to 2.5 years in prison and a fine of up to $10,000.
Distribution and Cultivation of Marijuana (Indiana Code § 35-48-4-10)
The penalties associated with distributing or cultivating marijuana in Indiana are more severe. Distributing or cultivating less than 30 grams of marijuana is classified as a Class A misdemeanor, carrying up to 1 year in jail and a $5,000 fine. However, if the offense involves more than 30 grams of marijuana, it can be classified as a Level 6 felony, carrying a sentence of 6 months to 2.5 years in prison and fines of up to $10,000.
Regardless of the quantity, selling marijuana to a minor will be classified as a felony offense with penalties ranging from 1 to 6 years in prison and a fine of up to $10,000. Similarly, cultivating larger quantities of marijuana can lead to even more severe charges than those listed above.
The Collateral Consequences of a Marijuana Conviction
Beyond the potential jail time and fines, being convicted for a marijuana charge in Merrillville can negatively affect your life in other ways. Not only can a conviction result in serious damage to your reputation, but it can also lead to other collateral consequences, such as:
- Difficulty securing employment or housing
- Loss of certain professional licenses or educational opportunities; and
- Ineligibility for certain federal programs, including financial aid.
The severity of both the criminal and collateral consequences underscore the importance of an experienced Merrillville marijuana charges attorney, who can help get the charges dismissed, reduced, or mitigate the consequences of being convicted.
How a Merrillville Marijuana Charges Defense Lawyer Can Help
Being caught while in possession of marijuana, or while selling, or cultivating the drug may seem like an easy case for the prosecution to win. But just because you were caught does not actually mean that you will be found guilty of the charge.
A skilled marijuana charges defense lawyer in Merrillville may be able to get the charges reduced or dismissed. If you are a first-time offender, your attorney may even pursue a conditional release, where the charges against you can be dismissed after you complete a period of probation.
Contact The Law Office of Joseph M. Roberts LLC for a Marijuana Charges Attorney in Merrillville
It is very important to remember that marijuana is still illegal in Indiana and under federal law, and being caught possessing, selling, or cultivating marijuana still carries serious legal penalties.
If you or someone you care about has been arrested for a marijuana-related offense in Merrillville, contact The Law Office of Joseph M. Roberts LLC for your free case evaluation. The sooner you get us involved, the more effective we can be in defending the charges.