Indiana Heroin Laws

Indiana has a tough stance on heroin-related offenses. This reflects the state’s commitment to fighting against the opioid epidemic going on in the state, which has also swept through the country.

This article provides an overview of heroin laws in Indiana. It discusses the penalties that come with the illegal possession, sale, and drug trafficking of this controlled substance.

Indiana Drug Classification

Each state’s laws have particular drug schedules that classify controlled substances depending on the type of drug and its potential for drug abuse and accepted medical use.

For instance, Schedule I drugs are those that have the highest risk for abuse and presently do not have accepted medical use. Schedule V drugs are those with a widely accepted medical use and low to no risk of drug abuse.

The following provides a detailed enumeration of common drugs that fall under each drug schedule.

Schedule I drugs include:

• Ecstasy
• Heroin
• Peyote
• Lysergic acid diethylamide (LSD)

Schedule II drugs include:

• Fentanyl
• Methamphetamine
• Methadone
• Amphetamine
• Cocaine

Schedule III drugs include:

• Anabolic steroids
• Ketamine
• Testosterone
• Other medications with 90 milligrams of Codeine or less per dose

Schedule IV drugs include:

• Barbital
• Tramadol
• Ambien
• Valium
• Ativan
• Xanax
• Lorcaserin

Schedule V drugs include:

• Lomotil
• Atropine
• Lyrica
• Cough medications such as Robitussin AC with 2000

Penalties for Drug Crimes in Indiana

Both federal and state drug laws regulate illicit drugs like heroin. These overlapping statutes talk about various drug crimes such as drug possession, manufacturing and cultivation, and drug trafficking and distribution.

Although some prosecutors offer plea bargains to first-time offenders, most drug cases can carry severe criminal charges with prison time and heavy fines.

Penalties for Possession of Heroin in Indiana

On July 1, 2014, the Indiana Code changed the state’s felony classification from letters to numbers. The previous classifications are shown in parentheses.

The possession charges for heroin vary depending on the amount of drug involved. For instance, simple possession of heroin for any amount is a Level 6 felony (Class D). The penalty for this drug charge is six months to two and a half years of jail time and a fine of up to $10,000.

Possession of heroin of more than 3 grams is a Level 5 felony (Class C) with a penalty of two to eight years of jail time and a fine of up to $10,000.

Penalties for the Sale of Heroin in Indiana

In Indiana, the penalties for selling heroin are more severe than those for simple possession. The Indiana Code distinguishes the penalties depending on specific scenarios.

For the basic sale of heroin, the law considers it a Level 4 felony (Class B) with a penalty of six to 20 years of jail time and a fine of up to $10,000. Aggravated sale of heroin is a Level 2 felony (Class A) if the amount of the drug involved is more than 3 grams and if other enhancing circumstances are present.

Enhancing Circumstances

For drug crimes, the presence of certain circumstances can enhance the criminal charge. For example:

• A person found in possession of a controlled substance has a prior drug conviction for committing another drug offense
• The substance is within 500 feet of protected zones such as public parks, school properties, or juvenile and detention facilities
• The person committed the drug crime while in possession of a firearm

These enhancing circumstances can increase the penalties that result from a conviction.

Facing Heroin Charges in Indiana? Get Legal Advice From a Criminal Defense Attorney

State drug laws and their enforcement are constantly changing and can vary depending on the jurisdiction and specific facts of your case. If you face heroin-related felony charges in the state of Indiana, it’s a good idea to seek legal advice from a criminal defense attorney specializing in drug crimes.

An Indiana criminal defense lawyer will evaluate your case, provide invaluable advice about the criminal penalties, and seek the best possible outcome under Indiana’s drug laws.