Possession of marijuana is illegal in Indiana and a Marijuana Lawyer is the best person to help you protect your rights if you are arrested.
Although several states have legalized possession of marijuana, it is still illegal in Indiana. Recent changes to the law have lessened the penalties for possession but engaging the services of a marijuana lawyer in Lafayette, Tippecanoe County can ensure that your rights are protected.
Our lawyers at Vonderheide & Knecht want you to understand that even a misdemeanor charge can have serious repercussions. The minimum charge for marijuana possession in Indiana is currently a Class B misdemeanor which carries the possibility of up to 180 days in jail and fines up to $1,000. That is raised to a Class A Misdemeanor if the person has had a prior drug conviction and a Level 6 Felony if there is a prior conviction and the current arrest involves at least 30 grams of marijuana. That takes the jail time up to a possible 2.5 years in prison and up to $10,000 in fines.
Not only are time served and monetary fines a stiff penalty, the record will follow you and may prevent you from attending the school of your choice or of obtaining the job you want.
Possession of marijuana involves having the substance:
- Among your personal belongings
- In your car
- In your home
Another often overlooked aspect of possession is that multiple people can be charged with possession when they are together as in a car. In addition to a charge of possession, there can be secondary charges that raise the penalties. These may include:
- Intent to distribute
- Trafficking or transporting
- Possession of paraphernalia
If a weapon is found when the arrest is made, more serious charges may automatically be filed.
While the penalties related to marijuana possession were lessened, those related to distribution have been increased. The first offense charge remains a Class A Misdemeanor but with a prior drug-related conviction, the charge is elevated to a Level 6 Felony (up to 30 ounces) and a Level 5 Felony if more than 30 ounces are involved or the sale involves a minor. This involves fines of up to $10,000 and jail time from 1 to 6 years.
Surprisingly, no money needs to exchange hands for a person to be charged with dealing marijuana. Simply handing the drug to someone meets the legal definition of dealing - the transfer of a drug from one person to another.
Given the complexity of the situation and the constantly changing laws, a Marijuana Lawyer in Lafayette is your best defense against any charges related to possession or distribution. We offer free consultations so that you can see how we may be able to help you. We will explain your options as well as our fees up front and then proceed to bring about a reduction of the charges or mitigation of the penalty – perhaps even have the charges dropped or the record expunged.
Contact us at Vonderheide & Knecht, your marijuana lawyer in Lafayette.