Lafayette IN Marijuana Lawyer
If you are facing a marijuana-related charge, you need a Lafayette IN marijuana lawyer by your side. Although personal marijuana use has become more mainstream, marijuana laws in Indiana are still quite strict. Marijuana is an illegal substance and if you are found to be possessing it, selling it, transporting it, or otherwise associating with the drug, you may face serious criminal penalties.
At Hall-Justice Law Firm, our Lafayette IN criminal defense lawyer has extensive experience helping people avoid the harshest criminal penalties associated with marijuana crimes. Call us today at (765) 388-3142 to find out how we can help you.
Marijuana Laws in Indiana
Unlike places like California or Colorado, marijuana is still considered a completely illegal substance in Indiana. It is categorized by the state and federal governments as a Schedule I drug, which means the Drug Enforcement Administration (DEA) believes it is a dangerous drug with no medical value. Other drugs also classified as Schedule I drugs include heroin, LSD, cocaine, and peyote.
A Lafayette IN marijuana lawyer can help you if you are facing charges of a marijuana-related crime in Indiana. We understand the harsh penalties you may be facing, and we will subsequently guide you through the court system. Call us as soon as possible after an arrest.
Possession of Marijuana
It is illegal to knowingly or intentionally possess marijuana or marijuana paraphernalia and products, such as hash and other concentrates. There are no exceptions for medical use, even if you have an out-of-state medical marijuana card. Illegal activities may include:
- Possession of any amount of marijuana – Class B misdemeanor
- Subsequent offense, possessing less than 30 grams of marijuana – Class A misdemeanor
- Subsequent offense, possessing more than 30 grams of marijuana – Level 6 felony
- Possession of under 5 grams of hash or other concentrates – Class A misdemeanor
- Possessing 5 grams or more of hash or other concentrates – Level 6 felony
- Possession of drug paraphernalia – Class A infraction
- Subsequent possession of drug paraphernalia – Level 6 felony
Sale or Distribution of Marijuana
It is also illegal to possess marijuana or related products for sale or distribution in Indiana. That includes:
- Selling or growing under 30 grams of marijuana – Class A misdemeanor
- Subsequent offense or selling between 30 grams and 10 pounds of marijuana – Level 6 felony
- Selling or growing more than 10 pounds of marijuana – Level 5 felony
- Sale of marijuana to a minor – Level 5 felony
- Sale or distribution of over 300 grams of marijuana concentrate – Level 5 felony
Penalties for Marijuana Crimes
Marijuana-related crimes range from infractions up to felonies. The severity of penalties depends on the amount in question and previous criminal convictions. If convicted of a marijuana crime, you may face the following:
- Infraction, Class A – Fine of up to $10,000
- Misdemeanor, Class B – Up to 180 days in jail and a $1,000 fine
- Misdemeanor, Class A – Up to one year in jail and a $5,000 fine
- Level 6 felony – Between six months and 2.5 years in prison and a fine of up to $10,000
- Level 5 felony – Between one and six years in prison and a fine of up to $10,000
You can plead many of these crimes down to a lesser charge. A Lafayette IN marijuana lawyer can help you negotiate with the prosecution and seek the best outcome possible in your case.
Defenses to Marijuana Charges
If you are facing charges of a marijuana-related crime, you need the help of a Lafayette IN marijuana lawyer. Some cases don’t even have to get to court. We will listen to your story and make sure the prosecution hears your side. We may use one of the following defenses to get the court to reduce or drop your charges:
- You didn’t knowingly possess the drugs or paraphernalia. The prosecution must prove that you knew you were in possession. If the substances were put there by another person, you did not have the requisite intent.
- The search and seizure were invalid. The Fourth Amendment to the U.S. Constitution protects private citizens from unreasonable searches and seizures. The police must have either probable cause to obtain a search warrant or consent to complete a voluntary search. Otherwise, evidence obtained may be excluded from the case. Never consent to a search of your house or vehicle without a search warrant.
In addition to these defenses, you may be able to seek reduced penalties through a diversion program. By seeking drug treatment, you may thus be able to avoid some of the penalties if you complete a program. A Lafayette IN marijuana lawyer can discuss alternative punishments with the prosecution.
A Lafayette IN Marijuana Lawyer Can Help You
If you are under investigation for a crime, or if you are already facing charges, you need a Lafayette IN marijuana lawyer who can help you navigate the complex Indiana drug court system. You may be able to avoid charges altogether or seek reduced penalties. Call Hall-Justice Law Firm today at (765) 388-3142 to find out more.