Indiana Drug Possession Laws

Drug possession charges are one of the most common drug crimes across the country. The specifics of the laws that address this offense vary from state to state. In Indiana, drug possession laws are stringent and multifaceted, reflecting the state’s tough stance on controlled substances.

This article details Indiana’s drug possession laws, explains the state’s scheduling system, and outlines the potential penalties for violating its drug laws.

Definition of Drug Possession

Under Indiana law, drug possession refers to the physical control of a controlled substance. Physical control refers to the actual or constructive possession of the substance.

• Actual possession occurs when the drug is found in the person’s possession, such as in their pocket or hand
• Constructive possession is when the drug is in a location that the person has control over, such as their car or home

Drug Schedule in Indiana

The drug schedule of substances in the state of Indiana ranges from Schedule I to V. The controlled substances are classified based on the potential for drug abuse and the current accepted medical use. It is crucial to understand these drug schedules as they play a vital role when assessing the penalties and the severity of drug possession charges.

Schedule I Drugs

Schedule I drugs are those that have the highest potential for drug abuse and no accepted medical use. In Indiana, this includes drugs like ecstasy or LSD.

Schedule II Drugs

Schedule II substances have some accepted medical use but also a high risk for drug abuse. Some examples of these types of drugs are methamphetamine, cocaine, and prescribed opioids such as oxycodone.

Schedule III Drugs

Schedule III substances have less potential for drug abuse than Schedule I or Schedule II substances, while also having accepted medical uses. Some examples of these drugs are anabolic steroids and prescribed medications that have low dosages of codeine.

Schedule IV Drugs

Schedule IV controlled substances have a lower risk for drug abuse than Schedule III substances. They also have accepted medical uses. Some examples of these types of drugs are Valium and Xanax.

Schedule V Drugs

Out of all Indiana’s drug schedules, substances that fall under Schedule V have the lowest potential for drug abuse and the most prevalent medical uses. These often include over-the-counter medicines containing low dosages of narcotics, such as a cough medicine like Robitussin.

Marijuana

Although many other states have lessened sanctions against marijuana (cannabis), it remains illegal in Indiana. It’s classified as a Schedule I drug, albeit with its own set of rules and penalties.

Penalties for Drug Possession in Indiana

The penalties for drug possession in Indiana vary depending on several factors. These factors include the amount of drug in possession, the type of drug involved, and other circumstances that enhance the criminal charge. The following is the breakdown of penalties for illegal possession of a controlled substance in Indiana:

Enhancing Circumstances under Indiana Code

• Under Indiana Code, any of the following situations qualify as “enhancing circumstances” that can increase penalties:
• Prior conviction: Having a prior criminal history of drug dealing or prior drug offenses
• Possession of a firearm: Committing an offense while having possession of a firearm
• Proximity to schools or public parks: Committing the offense on a school bus or within 500 feet of a school property or public park while minors under 18 could be present
• Commission of the offense in a correctional facility: Committing the offense in a penal or juvenile facility
• Commission of the offense in proximity to a treatment facility: Committing the offense within 100 feet of a treatment facility

These enhancing circumstances can increase the penalties and impact the severity of the criminal charges.

Note: Laws are subject to change through various means, including higher court decisions and newly passed legislation. Consider conducting your legal research or contacting an attorney near you to verify the laws of your state.

Additional Resources

If you have additional questions about the drug laws in Indiana, click on the following links below to learn more:

• Drug Manufacturing and Cultivation
• State Drug Distribution Laws
• Indiana Criminal Statute of Limitations

Arrested for Illegal Possession of Drugs in Indiana? Contact an Attorney

Facing drug charges can be overwhelming. It’s not a great idea to try to face this legal challenge alone. Getting legal advice from a criminal defense attorney specializing in drug crimes can make a huge difference. They can help protect your rights and explore factors that minimize potential penalties. They can also help you assess the strength of the evidence against you and develop a defense strategy.