Drug Possession

You need an attorney who will vigilantly fight for your freedom when all cards are stacked against you: the defendant.

Contact The Law Office of Jerry L. Garner today to begin the battle.

Indiana Drug Possession Attorney

Experienced Drug Possession Defense Lawyer Serving Evansville, Newburgh, Boonville, Tell City, Rockport, Santa Claus, and Nearby Communities.

If you or someone you care about is facing drug possession charges, you need a legal team with experience and dedication on your side. We provide strong, reliable representation to help you navigate this challenging time.

Attorney Jerry L. Garner is a seasoned Indiana drug possession lawyer with in-depth knowledge of both state and federal drug laws. He understands the complexities of these cases and is committed to guiding you through every step of the legal process. We recognize how serious and life-altering drug possession charges can be, which is why we fight tirelessly to secure the best possible outcome for you.

Our approach is personalized. We take the time to understand your unique situation, and then build a defense strategy tailored to your needs. Our team will thoroughly examine the evidence, challenge any unlawful searches, and explore every available defense option. If negotiations are in your best interest, we will work to secure reduced charges or favorable plea agreements.

When your future is on the line, you deserve a legal team that will advocate for you with skill and determination. Let us stand by your side and protect your rights.

Classification of Drug Possession Charges

Marijuana Possession: 

• Possession of under 30 grams is a Class B misdemeanor. 

• Possession becomes a Level 6 felony if the person has a prior conviction for a drug offense and the amount is less than 30 grams, or if the amount is at least 30 grams but less than 10  pounds.  

• The offense becomes a Level 5 felony when the amount is at least 30 grams but less than 10 pounds, or when the amount is at least 10 pounds. 

Schedule I & II Narcotics:

Drug schedules I & II include substances with a high potential for abuse. This includes narcotics such as heroin, LSD, ecstasy, methamphetamine (meth), fentanyl, and cocaine.

• Possession of cocaine or a narcotic drug without a valid prescription is a Level 6 felony. 

• The offense becomes a Level 5 felony if the amount is at least five grams but less than ten (10) grams, or if the amount is less than five (5) grams and an enhancing circumstance applies 

• The offense is a Level 4 felony if the amount is at least ten grams but less than twenty-eight (28) grams, or if the amount is less than ten grams and an enhancing circumstance applies. 

• The offense is a Level 3 felony if the amount is at least twenty-eight (28) grams, or if the amount is at least ten grams but less than twenty-eight grams and an enhancing circumstance applies. 

Prescription Drugs: 

• Possession of a Schedule I through Schedule IV controlled substance or its analog without a valid prescription is a Class A misdemeanor. 

• The offense becomes a Level 6 felony if an enhancing circumstance applies.

Enhancements for Aggravating Factors

• Near a School or Public Park: Possession near a school, park, or youth program can escalate charges.

• Prior Convictions: Repeat offenders face higher-level felonies and longer sentences.

• Intent to Distribute: Possession of large quantities, packaging materials, or cash may lead to distribution charges, which carry significantly harsher penalties.

Frequently Asked Questions (FAQ) – Drug Possession Laws in Indiana

What are the penalties for drug possession in Indiana?

The penalties depend on the type and amount of the controlled substance:

• Marijuana (under 30g) – Class B misdemeanor (up to 180 days in jail & $1,000 fine).

• Marijuana (over 30g or prior offense) – Level 6 felony (6 months to 2.5 years in prison).

• Cocaine, Heroin, Methamphetamine – Typically a Level 6 felony (up to 2.5 years in prison). Larger amounts increase penalties.

• Prescription Drugs (without a prescription) – Can result in misdemeanor or felony charges.

Will I go to jail for a first-time drug possession offense?

Not necessarily. First-time offenders may qualify for diversion programs that include rehabilitation, community service, and/or other probation-related terms and conditions instead of jail time. You need a skilled attorney who will fight for your freedom.

What should I do if I’m charged with drug possession in Indiana?

• Remain silent and do not admit to anything.

• Contact a criminal defense attorney immediately.

• Avoid discussing your case with anyone other than your lawyer.

Can I be charged if drugs weren’t on me but were in my car or home?

Yes. Indiana law recognizes constructive possession, meaning you can be charged if drugs are found in an area under your control (e.g., your car, home, or personal belongings), even if they weren’t on your person.

Are drug possession charges worse if I’m near a school or park?

Yes. If you’re caught possessing drugs in close proximity to a school property, public park, family housing complex, or youth program center, the charge can be enhanced to a higher-level charge with a harsher penalty.

Can a drug possession charge be dismissed?

Yes, in some cases. Charges may be dismissed if:

• The search was unlawful (e.g., violation of Fourth Amendment rights).

• The drugs did not belong to you and you had no knowledge of them.

• You successfully complete a pretrial diversion or drug court program.

What are Indiana’s marijuana possession laws?

Marijuana is not legal in Indiana for recreational use. Possession of under 30 grams is a misdemeanor, while possession of over 30 grams or a repeat offense is a felony.

What if I have a prescription for a controlled substance?

If you have a valid prescription, you should not face charges for possessing the prescribed drug. However, sharing or selling your prescription medication is illegal and can result in felony charges.

Can I get my drug possession charge expunged in Indiana?

Yes. Indiana allows expungement of certain misdemeanor and felony drug possession convictions after a waiting period, typically:

• Misdemeanors – 5 years after conviction.

• Level 6 Felonies – 8 years after conviction.
  Consult a criminal defense attorney to determine if you qualify.

Should I hire a lawyer for a drug possession charge in Indiana?

Yes. An experienced criminal defense lawyer can help you fight the charge, negotiate for lesser penalties, or explore options like pretrial diversion. Without legal representation, you may face harsher consequences.