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Indiana Drug Offense Penalties

A drug conviction is a very serious matter, often requiring help from an experienced drug charges defense lawyer in Indianapolis in order to avoid the most serious of consequences. Many drug offenses are felonies under Indiana law, and a conviction can result in a number of long-term consequences that may include:

  • A lengthy jail or prison sentence — perhaps decades
  • Thousands of dollars in fines
  • A permanent criminal record as a drug offender
  • Loss of your job or trouble finding a job
  • Difficulty getting approved for rental housing
  • Loss or denial of a professional license if you want to work as a teacher, doctor, lawyer, nurse, pharmacist, financial professional, or other career requiring a state license
  • Loss of eligibility for federal financial aid if you want to seek or finish a college degree
  • Loss of your immigration visa or green card, denial of citizenship, and possible deportation if you’re a non-U.S. citizen

The penalties for a drug conviction in Indiana can vary based on the type of drug, the amount of the drug involved, whether the offense involved a minor, whether the offense was committed while you possessed a firearm, or whether the offense was committed near a school, park, family housing complex, or youth center.

A skilled Indianapolis drug attorney can explain what you might expect if you’ve been charged in a local court.

A marijuana lawyer in Indianapolis can help you when if offense involves knowingly and intentionally possessing marijuana, hash oil, hashish, or salvia. Indiana’s definition of marijuana possession also includes cultivating or growing marijuana plants, or failing to destroy cannabis plants if you know they’re being grown on your premises. If the offense was committed after July 1, 2014, you also can be charged for possession of synthetic marijuana.

The penalties for a marijuana possession conviction include:

If Committed Before July 1, 2014

  • The basic offense is a Class A misdemeanor, punishable with up to 1 year in jail and a fine of up to $5,000.
  • It’s a Class D felony, punishable by 6 months to 3 years of incarceration and a fine of up to $10,000, if the offense involved possession of more than 30 grams of marijuana or 2 grams of hash oil, hashish, or salvia; or if you have a prior conviction for any marijuana offense.

If Committed After July 1, 2014

  • The basic offense is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000.
  • It’s a Class A misdemeanor if you have any prior drug conviction, and the punishment may include up to 1 year in jail and a fine of up to $5,000.
  • It’s a Level 6 felony, punishable by 6 months to 2 ½ years of incarceration and a fine of up to $10,000, if you have a prior drug conviction and possess 30 grams or more of marijuana or 2 grams or more of hash oil, hashish, salvia, or synthetic marijuana.

When you are convicted of knowingly and intentionally possessing a Schedule I, II, III or IV controlled substance, except marijuana, the penalties may include:

If Committed Before July 1, 2014

  • The basic offense is a Class D felony, punishable by 6 months to 3 years of incarceration and a fine of up to $10,000.
  • It’s a Class C felony, punishable by 2 to 8 years in prison and a fine of up to $10,000, if the offense was committed on a school bus or within 1,000 feet of a school, park, family housing complex, or youth center.

If Committed After July 1, 2014

  • The offense is a Class A misdemeanor, punishable with up to 1 year in jail and a fine of up to $5,000.
  • It’s a Level 6 felony, punishable by 6 months to 2 ½ years of incarceration and a fine of up to $10,000, if committed on a school bus or within 500 feet of a school, park, family housing complex, or youth center.

When you are convicted of knowingly and intentionally obtaining more than 4 ounces of a Schedule V substance containing codeine in any 48-hour period; obtaining a Schedule V controlled substance through misrepresentation; or obtaining possession of a Schedule V controlled substance other than by a prescription or signing an exempt narcotic register, the penalties may include:

If Committed Before July 1, 2014

  • The offense is a Class D felony, punishable by 6 months to 3 years of incarceration and a fine of up to $10,000.

If Committed After July 1, 2014

  • The offense is a Class A misdemeanor, punishable with up to 1 year in jail and a fine of up to $5,000.

Possession of methamphetamine is a felony in Indiana. To knowingly and intentionally possess meth without a valid prescription. If you’re convicted, the possible penalties include:

If Committed Before July 1, 2014

  • The basic offense is a Class D felony, punishable by 6 months to 3 years of incarceration and a fine of up to $10,000.
  • It’s a Class C felony, punishable by 2 to 8 years in prison and a fine of up to $10,000, if you are suspected of possessing 3 grams or more, or also of possessing a firearm while you were in possession of meth.
  • It’s a Class B felony, punishable by 6 to 20 years in prison and a fine of up to $10,000, if you are suspected of possessing less than 3 grams, and the offense was committed on a school bus or within 1,000 feet of a school, park, family housing complex, or youth center.
  • It’s a Class A felony, punishable by 20 to 50 years in prison and a fine of up to $10,000, if you are suspected of possessing 3 grams or more, and the offenses was committed on a school bus or within 1,000 feet of a school, park, family housing complex, or youth center.

If Committed After July 1, 2014

  • The offense is a Level 6 felony punishable by 6 months to 2 ½ years of incarceration and a fine of up to $10,000.
  • It’s a Level 5 felony, punishable by 1 to 6 years in prison and a fine of up to $10,000, if the offense involved 3 to 10 grams of meth, or less than 3 grams and was committed on a school bus or within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 4 felony, punishable by 2 to 12 years in prison and a fine of up to $10,000 if the offense involved 10 to 28 grams of meth, or 3 to 10 grams and was committed on a school bus or within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 3 felony, punishable by 3 to 20 years in prison and a fine of up to $10,000, if the offense involved 28 grams or more, or 10 to 28 grams and was committed on a school bus or within 500 feet of a school, park, family housing complex, or youth center.

If you are convicted of knowingly possessing cocaine or a Schedule I or II narcotic without a valid prescription, the possible penalties may include:

If Committed Before July 1, 2014

  • The offense is a Class D felony, punishable by 6 months to 3 years of incarceration and a fine of up to $10,000.
  • It’s a Class C felony, punishable by 2 to 8 years in prison and a fine of up to $10,000, if the offense involved 3 grams or more of cocaine or narcotics, or you were also in possession of a firearm.
  • It’s a Class B felony, punishable by 6 to 20 years in prison and a fine of up to $10,000, if you are suspected of possessing less than 3 grams of cocaine or narcotics on a school bus or within 1,000 feet of a school, park, family housing complex, or youth center.
  • It’s a Class A felony, punishable by 20 to 50 years in prison and a fine of up to $10,000, if you are suspected of possessing 3 grams or more of cocaine or narcotics on a school bus or within 1,000 feet of a school, park, family housing complex, or youth center.

If Committed After July 1, 2014

  • The offense is a Level 6 felony punishable by 6 months to 2 ½ years of incarceration and a fine of up to $10,000.
  • It’s a Level 5 felony, punishable by 1 to 6 years in prison and a fine of up to $10,000, if you are suspected of possessing 3 to 10 grams of cocaine or narcotics, or less than 3 grams on a school bus or within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 4 felony, punishable by 2 to 12 years in prison and a fine of up to $10,000, if you are suspected of possessing 10 to 28 grams of cocaine or narcotics, or 3 to 10 grams on a school bus or within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 3 felony, punishable by 3 to 20 years in prison and a fine of up to $10,000, if you are suspected of possessing 28 grams or more of cocaine or narcotics, or 10 to 28 grams on a school bus or within 500 feet of a school, park, family housing complex, or youth center.

This offense involves knowingly or intentionally manufacturing, delivering, financing the manufacturing or delivery, or possession with intent to deliver marijuana, hashish, hash oil, or salvia. After July 1, 2014, Indiana’s definition of marijuana dealing also includes synthetic marijuana. The possible penalties for a conviction include:

If Committed Before July 1, 2014

  • The offense is a Class A misdemeanor, punishable with up to 1 year in jail and a fine of up to $5,000.
  • It’s a Class D felony, punishable by 6 months to 3 years of incarceration and a fine of up to $10,000, if you are suspected of dealing or intending to deal to a minor under 18; or if the amount involved is 30 grams to 10 pounds of marijuana, or 2 to 300 grams of hash oil, hashish or salvia; or you have a prior conviction for a marijuana offense.
  • It’s a Class C felony, punishable by 2 to 8 years in prison and a fine of up to $10,000, if you are suspected of dealing 10 pounds or more of marijuana or 300 grams or more of hash oil, hashish, or salvia; or of dealing marijuana on a school bus or within 1,000 feet of a park, school, family housing complex, or youth center.

If Committed After July 1, 2014

  • The offense is a Class A misdemeanor, punishable with up to 1 year in jail and a fine of up to $5,000.
  • It’s a Level 6 felony, punishable by 6 months to 2 ½ years of incarceration and a fine of up to $10,000, if you have a prior drug conviction and the offense involves less than 30 grams of marijuana or less than 2 grams of hash oil, hashish, or salvia. It’s also a Level 6 felony if you have no priors but the offense involves 30 grams to 10 pounds of marijuana or 2 to 300 grams of hash oil, hashish, salvia, or synthetic marijuana.
  • It’s a Level 5 felony, punishable by 1 to 6 years in prison and a fine of up to $10,000, if you have a prior drug dealing conviction and your current offense involves 30 grams to 10 pounds of marijuana or 2 to 300 grams of hash oil, hashish, salvia, or synthetic marijuana. It’s also a Level 5 felony on a first offense if the offense involved more than 10 pounds of marijuana or more than 300 grams of hash oil, hashish, salvia, or synthetic marijuana, or a sale to a minor.

This offense involves knowingly or intentionally manufacturing, delivering, financing the manufacturing or delivery, or possession with intent to deliver a Schedule I, II, or III controlled substance except marijuana. The penalties for a conviction include:

If Committed Before July 1, 2014

  • The offense is a Class B felony punishable by 6 to 20 years in prison and a fine of up to $10,000.
  • It’s a Class A felony, punishable by 20 to 50 years in prison and a fine of up to $10,000, if you are suspected of dealing to minor under 18 and you’re at least 3 years older than the minor, or if you are suspected of dealing controlled substances within 1000 feet of a school, park, family housing complex, or youth center.

If Committed After July 1, 2014

  • The offense is a Level 5 felony punishable by 1 to 6 years in prison and a fine of up to $10,000.
  • It’s a Level 4 felony, punishable by 2 to 12 years in prison and a fine of up to $10,000, if the offense involved 3 to 10 grams or was committed within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 3 felony, punishable by 3 to 20 years in prison and a fine of up to $10,000, if the offense involved 10 to 28 grams, or 3 to 10 grams and or was committed within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 2 felony, punishable by 10 to 30 years in prison and a fine of up to $10,000, if the offense involved more than 28 grams, or 10 to 28 grams and or was committed within 500 feet of a school, park, family housing complex, or youth center.

When you are convicted of dealing in a Schedule IV controlled substance, the penalties can include:

If Committed Before July 1, 2014

  • The offense is a Class C felony punishable by 2 to 8 years in prison and a fine of up to $10,000.
  • It’s a Class B felony, punishable by 6 to 20 years in prison and a fine of up to $10,000, if you are suspected of dealing to minor under 18 and you’re at least 3 years older than the minor, or the offense was committed within 1000 feet of a school, park, family housing complex, or youth center.

If Committed After July 1, 2014

  • The offense is a Level 6 felony punishable by 6 months to 2 ½ years of incarceration and a fine of up to $10,000.
  • It’s a Level 5 felony, punishable by 1 to 6 years in prison and a fine of up to $10,000, if the offense involved 3 to 10 grams or was committed within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 4 felony, punishable by 2 to 12 years in prison and a fine of up to $10,000, if the offense involved 10 to 28 grams, or 3 to 10 grams and was committed within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 3 felony, punishable by 3 to 20 years in prison and a fine of up to $10,000, if the offense involved more than 28 grams, or 10 to 28 grams and was committed within 500 feet of a school, park, family housing complex, or youth center.

When you are convicted of dealing in a Schedule V controlled substance, the possible penalties include:

If Committed Before July 1, 2014

  • The offense is a Class D felony punishable by 6 months to 3 years of incarceration and a fine of up to $10,000.
  • It’s a Class B felony, punishable by 6 to 20 years in prison and a fine of up to $10,000, if you are suspected of dealing to minor under 18 and you’re at least 3 years older than the minor, or the offense was committed within 1000 feet of a school, park, family housing complex, or youth center.

If Committed After July 1, 2014

  • The offense is a Class B misdemeanor punishable by 180 days in jail and a fine of up to $1,000.
  • It’s a Class A misdemeanor, punishable with up to 1 year in jail and a fine of up to $5,000, if the offense involved 1 to 5 grams, or less than 1 gram but was committed on a school bus or near a school, park, family housing, or youth center.
  • It’s a Level 6 felony, punishable by 6 months to 2 ½ years of incarceration and a fine of up to $10,000, if the offense involved 5 to 10 grams, or 1 to 5 grams and was committed within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 5 felony, punishable by 1 to 6 years in prison and a fine of up to $10,000, if the offense involved 10 to 28 grams, or 5 to 10 grams and was committed within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 4 felony, punishable by 2 to 12 years in prison and a fine of up to $10,000, if the offense involved more than 28 grams, or 10 to 28 grams and was committed within 500 feet of a school, park, family housing complex, or youth center.

This offense involves knowingly or intentionally manufacturing, delivering, financing the manufacturing or delivery, or possession with intent to deliver methamphetamine. The possible penalties for a conviction include:

If Committed Before July 1, 2014

  • The offense is a Class B felony punishable by 6 to 20 years in prison and a fine of up to $10,000.
  • It’s a Class A felony, punishable by 20 to 50 years in prison and a fine of up to $10,000, if the offense involves 3 grams or more of meth, or you are suspected of delivering or financed the delivery of meth to minors under 18 and at least 3 years younger than you. It’s also a Class A felony if committed within 1000 feet of a school, park, family housing, or youth center.

If Committed After July 1, 2014

  • The offense is a Level 5 felony punishable by 1 to 6 years in prison and a fine of up to $10,000.
  • It’s a Level 4 felony, punishable by 2 to 12 years in prison and a fine of up to $10,000, if the offense involves dealing in 3 to 10 grams of meth or was committed within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 3 felony, punishable by 3 to 20 years in prison and a fine of up to $10,000, if the offense involves 10 to 28 grams, or 3 to 10 grams and was committed within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 2 felony, punishable by 10 to 30 years in prison and a fine of up to $10,000, if the offense involves more than 28 grams, or 10 to 28 grams and was committed within 500 feet of a school, park, family housing complex, or youth center, or if the manufacturing resulted in explosion that caused someone serious injury.

Dealing in cocaine or narcotics encompasses knowingly or intentionally manufacturing, delivering, financing manufacturing or delivery of cocaine or Schedule I or II narcotics, or possession of the drugs with the intent to deliver. Schedule I and II narcotics include drugs such as heroin, morphine, hydrocodone, oxycodone, ecstasy, and LSD.

The possible penalties for a conviction of dealing cocaine or narcotics can include:

If Committed Before July 1, 2014

  • The basic offense is a Class B felony punishable by 6 to 20 years in prison and a fine of up to $10,000.
  • It’s a Class A felony, punishable by 20 to 50 years in prison and a fine of up to $10,000, if the offense involves dealing 3 grams or more, or delivery or financing delivery to minors, or when committed within 1000 feet of a school, park, family housing complex, or youth center.

If Committed After July 1 2014

  • The basic offense is Level 5 felony punishable by 1 to 6 years in prison and a fine of up to $10,000.
  • It’s a Level 4 felony, punishable by 2 to 12 years in prison and a fine of up to $10,000, if the offense involves 3 to 10 grams, or less than 3 grams but was committed within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 3 felony, punishable by 3 to 20 years in prison and a fine of up to $10,000, if the offense involves 10 to 28 grams, or 3 to 10 grams but was committed within 500 feet of a school, park, family housing complex, or youth center.
  • It’s a Level 2 felony, punishable by 10 to 30 years in prison and a fine of up to $10,000, if the offense involves more than 28 grams, or 10 to 28 and was committed within 500 feet of a school, park, family housing complex, or youth center.

How a Drug Charges Defense Lawyer in Indianapolis Can Help You

If you or a family member has been charged with a drug offense in Indiana, you need to take the charge seriously and seek help from an experienced drug defense lawyer. Call Indianapolis criminal defense lawyer Sean Hessler at (317) 886-8800 for a free, initial phone consultation.