Marijuana possession laws in Indiana

On Behalf of | Feb 15, 2023 | Criminal Defense

Marijuana use is relatively common in Indiana. Many people use marijuana in different forms for recreational use. People may smoke it, there are also gummies, they may vape it and consume it in other forms as well. While there are many people who use it and it may not seem like that big of a deal to many in Indiana, it is still illegal to possess it in the state.

Convictions for marijuana possession may not be as harsh as convictions for possession of other types of drugs, but these convictions still carry serious consequences. Convictions will also be on people’s criminal record and could affect them in the future when applying for jobs or renting.

Potential penalties for marijuana possession

According to Indiana statutes, the potential penalties for marijuana possession vary, depending a number of factors.

  • It is a Class B misdemeanor for people caught with simple possession of any form of marijuana; are caught growing marijuana or fail to destroy marijuana plants growing on their property
  • It is a Class A misdemeanor if people have a previous conviction for drug possession or a person selling it packages it in packaging indicating low THC hemp extract even though they know it contains higher amounts of THC
  • It is a Level 6 felony if people have a previous conviction and they have at least 30 grams of marijuana or 5 grams of hash oil, hashish or salvia

A conviction of any of these offenses is serious, but people can only receive the harsh punishments if they are found guilty of the offense beyond a reasonable doubt. There is still a presumption of innocence after being charged and people may have defenses that can allow them to avoid convictions.

Marijuana possession in Indiana is still taken seriously and convictions can affect people’s lives in a variety of ways. People do not need a mistake like this affecting them for their foreseeable future. Understanding the criminal justice system and the potential defenses is important to help people avoid convictions. Experienced attorneys not only understand the laws but also the system and may be able to guide one through it.