Illegal drug use is a constant problem throughout the United States, but particularly in Indiana. Whether we are talking about the heroin epidemic or methamphetamine use, the Hoosier State is at the forefront of the so-called "war on drugs."
The state of Indiana has been battling this war for years through its drug possession laws. Basically, it is a criminal offense to possess any illegal drugs in the state. The penalties range from a simple misdemeanor to a more serious felony charge with major penalties either way. The most important factors in any penalty you face depend on both the type of drug you are alleged to possess and the total amount in your possession.
Indiana Drug Possession Laws Overview
The charges and penalties under Indiana’s drug possession laws are detailed below in the following chart. Remember, if you or someone you love is battling a substance abuse problem, seek help right away.
- Indiana Code Section 35-48-4-6 et seq. (cocaine)
- Indiana Code Section 35-42-4-6.1 (methamphetamine)
- Indiana Code Section 35-48-4-11 et. seq. (marijuana)
Drug Classification by Amount
Cocaine, Methamphetamine: Less than three grams, Class D Felony
Cocaine, Methamphetamine: Less than three grams, but within 1000 feet of a school property, Class B Felony
Cocaine, Methamphetamine: More than three grams, Class C Felony
Cocaine, Methamphetamine: More than three grams, but within 1000 feet of a school property, Class A Felony
Heroin, LSD, Ecstasy and other Schedule I Drugs: Class D Felony, but if less than three grams within 1000 feet of a school property, Class B Felony, over three grams and within 1000 feet of school property, Class A Felony
Marijuana: Under 30 grams, Class A Misdemeanor, Over 30 grams, Class D Felony
Cocaine, Methamphetamine Class D Felony: Six months to three years prison, and a fine of up to $10,000. Possibility of reduction to Class A misdemeanor in some circumstances.
Cocaine, Methamphetamine, Class A Felony (School Zone Enhancement): 20 to 50 years in prison, and a fine of up to $10,000.
Cocaine, Methamphetamine, Class B Felony: Six to 20 years in prison, and a fine of up to $10,000.
Cocaine, Methamphetamine, Class C Felony: Two to eight years, and a fine of up to $10,000.
Marijuana: Up to one year in county jail and a fine of up to $5,000, if more than 30 grams, same penalties as Class D felony above
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you have additional questions about the drug laws in Indiana, click on the following links below to learn more:
Arrested for Drug Possession in Indiana? Contact an Attorney
Drug laws carry stiff penalties and collateral consequences. If you or someone you know has been arrested and charged with a drug crime in Indiana, whether it's classified as a misdemeanor or felony, it's best to contact a local drug crime lawyer who can review your case, advise you on the law, and defend you in court, if necessary.