Criminal charges and related penalties for dealing marijuana in Indiana can have serious impacts on the lives of people accused of this offense. Various factors in these cases can affect the level of charges filed against a defendant as well as the consequences involved. An experienced Indianapolis marijuana defense lawyer can review your case, evaluate the facts, and build a defense to protect your rights and freedom.
What Does an Indianapolis Marijuana Defense Lawyer Do?
Your Indianapolis marijuana defense lawyer should have a thorough understanding of the laws that apply to Indiana marijuana dealing defense, and he or she must also be able to interpret and apply those laws to the specific facts of your case.
Marijuana is classified as a Schedule I substance under Indiana Code § 35-48-2-4. Accusations of dealing in marijuana, hash oil, hashish, or salvia in Indiana can result in misdemeanor or felony charges, depending on the circumstances. Mounting a successful Central Indiana dealing in marijuana defense requires your attorney to evaluate all elements of your case and apply the strategies particular to marijuana defense that will best protect your interests.
Charges and Penalties for Dealing in Marijuana in Indiana
Dealing in marijuana can result in Class A misdemeanor, Level 6 felony, or Level 5 felony charges under Indiana Code § 35-48-4-10. All levels of charges require evidence that the accused “knowingly and intentionally” manufactured, delivered, or financially supported the manufacture or delivery of marijuana, hash products, or salvia.
Individuals can also be charged under Indiana Code § 35-48-4-10 if they possess marijuana or related substances and evidence exists that they intended to manufacture or deliver the products or provided financial support for those acts.
A marijuana dealing offense is a Class A misdemeanor when the following conditions apply:
- The amount of marijuana involved is less than 30 grams (or less than 5 grams of hash oil, hashish, or salvia); and
- The person does not have a prior conviction for a drug offense.
A Class A misdemeanor is punishable with up to a year in prison and a fine of as much as $5,000.
If a person has a previous drug-related conviction and is accused of dealing marijuana in the quantities noted above, he or she can be charged with a Level 6 felony. A Level 6 felony can carry six months to two and a half years in prison and up to $10,000 in fines. Marijuana dealing is a Level 6 felony in Indiana in these cases:
- The amount of marijuana involved in at least 30 grams but less than ten pounds; or
- The amount of hash oil, hashish, or salvia is at least 5 grams but less than 300 grams.
An individual can be charged with a Level 6 offense for marijuana dealing even without a prior offense if the amounts involved included at least 30 grams but less than ten pounds of marijuana or at least five grams but less than 300 grams of hash oil, hashish, or salvia.
With a prior conviction and an accusation of manufacturing or delivering more than the amounts listed above, the charge can be increased to a Level 5 felony. A Level 5 felony charge can also be imposed for marijuana dealing in these cases:
- The amount of marijuana involved is at least ten pounds; or
- The amount of hash oil, hashish, or salvia is at least five grams but less than 300 grams.
Even without a prior drug-related offense, the offense may be charged as a Level 5 felony if any of the following apply:
- The amount of marijuana involved is ten pounds or more;
- The amount of hash oil, hashish, or salvia involved is 300 grams or more;
- The drugs were sold to a minor;
- The person accused is a retailer;
- The packaging of the drugs represents the products as low THC hemp extract; or
- The accused knew or had reason to know that the item involved was marijuana, hash oil, hashish, or salvia.
A Level 5 felony in Indiana is punishable by one to six years in prison and as much as $10,000 in fines.
Minimizing or eliminating the charges and penalties listed here requires a strong and competent Indiana marijuana dealing defense, and that is best provided by a knowledgeable Indiana marijuana defense attorney.
Ask Your Indianapolis Marijuana Defense Lawyer about Additional Factors
Other factors related to a marijuana dealing case in Indiana can also impact the charges and sentencing imposed. For example, under Indiana Code § 35-50-2-13, when a person commits the crime of dealing marijuana while in possession of a firearm, additional prison time may be requested by the prosecution.
On the other hand, first offenses offer an example that can be in the defendant’s favor. If your Indiana marijuana defense attorney can thwart the prosecution’s attempt to prove that you intended to deliver marijuana or other related substances, you can request that the charges against you be dismissed. However, you must meet certain conditions to qualify for discharge, and an individual can only receive one dismissal of this kind. As a result, consulting with an experienced Indianapolis marijuana defense lawyer as early as possible can be critical.
Contact an Indianapolis Marijuana Defense Lawyer Today
A skilled Indiana marijuana defense attorney can evaluate and question the validity of evidence; represent you in hearings; negotiate bail, dismissal, a continuance, or a plea agreement; address issues related to parole, probation, and community supervision; and generally provide a customized strategy for your Central Indiana dealing in marijuana defense.
Your attorney can also look for and address any issues related to the conditions of your arrest, like improper procedures by police or the courts, including infringement upon your Fourth Amendment right to be free of unlawful search and seizure.
An Indianapolis marijuana defense lawyer at Camden & Meridew, P.C. can provide these legal services and more, helping you protect your rights and interests. To schedule a meeting to discuss your Indiana marijuana dealing defense, call them today at 317-771-0000 or fill out this online contact form.