As the legal system is not universal, laws vary from state to state and jurisdiction to jurisdiction. Being found with drugs on your person in one state can be a serious offence, but in another, it can be minor, depending on the amount of the drug or what the intent is. If you are wondering, “What are the most serious drug charges in Indiana?” you should enlist the help of an experienced Terre Haute drug crime attorney to walk you through the process and explain the laws.
Indiana Drug Laws
A few years ago, Indiana drug laws went through some significant changes. In many cases, the penalties for several drug offenses were lowered. One of the most common Indiana drug charges involves the possession of marijuana, charges of which vary from Class B misdemeanors to Level 5 felonies.
Possession of Marijuana in Indiana
Under Indiana’s marijuana possession laws, penalties include not just having the drug on your person, but also growing it, or being aware that it is being grown on the premises. Most often, the amount is a major deciding factor when it comes to law and penalties. If you have under thirty grams of marijuana, that is considered a Class B misdemeanor. If, however, the person being charged has already been convicted of a drug offense, then the offense is elevated to a Class A misdemeanor. If the individual has a prior offense and is in possession of more than thirty grams of marijuana, the offense becomes more serious— a Level 6 felony. While marijuana offenses are the most common, the penalties are dependent upon the personal history of the individual in possession and the amount of marijuana they have in possession.
Indiana Drug Dealing Laws
Drug offenses in the state of Indiana are also affected by whether the individual has the intent to deal the drug. This is where the penalties progress in severity as the penalties associated with dealing a controlled substance range from Level 6 to Level 2 felonies.
Indiana Drug Schedules
Under Indiana state law, the severity of drug-related penalties depends upon the category of the drug that is assigned by the state in terms of how addictive and potentially harmful they are to the public. The higher the rating of the drug on the schedule, the more serious the penalty associated with its possession. The range is from Schedule 1 to Schedule 5:
- Schedule 1 refers to drugs with a high-abuse potential and no known use in medical treatment.
- Schedule 2 refers to drugs with high abuse-potential but also have an accepted use in medical treatment; these drugs are known to cause additional complications if abused.
- Schedule 3 are drugs or substances that are less likely to be abused, are currently used in medical treatment, and are less likely to result in addiction.
- Schedule 4 drugs are even less potentially harmful than those in Schedule 3.
- Schedule 5 also has a low potential for abuse or addiction.
The most serious drug charges in Indiana include possession of large amounts and intent to distribute those drugs amongst the public. The more potentially harmful or addictive the drug is, the higher the penalties.