Penalties for Possessing Marijuana in Indiana

Recreational marijuana has been legalized in 19 states and Washington D.C. Indiana, however, has not legalized marijuana, so you can still be convicted for possessing it. Here are the penalties you may face if you are caught possessing marijuana in Indiana.

Possession of marijuana is prohibited by Indiana Code § 35-48-4-11. This statute states that a person who knowingly possesses or grows marijuana commits a Class B misdemeanor. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than 180 days. In addition, the person may be fined not more than $1,000.

Possession of marijuana jumps to a Class A misdemeanor if the offender has a prior conviction for a drug offense. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than 1 year. In addition, the person may be fined not more than $5,000.

Finally, possession of marijuana can be a Level 6 felony if (1) the person has a prior conviction for a drug offense and (2) is in possession of at least 30 grams of marijuana. A person who commits a Level 6 felony shall be imprisoned for a fixed term of 6 months to 2 ½ years, with an advisory sentence of 1 ½ years. An advisory sentence is the generally suggested sentence period. In addition, the person may be fined not more than $10,000.

It is important to note that Marion County has stopped prosecuting people with less than 30 grams of marijuana in their possession. However, this is not a law. Marion County Prosecutor, Ryan Mears, adopted this policy for the Marion County Prosecutor’s Office. Because this is a Prosecutor’s policy, this policy can be revoked and does not apply to other counties. This policy also does not apply to dealing marijuana.

If you have been charged with a marijuana possession or any other crime, contact McNeelyLaw LLP today. Call us at 317-825-5110 to talk with an experienced Indiana criminal defense attorney who can help you navigate through the complexities of your case.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.