Dealing in marijuana is illegal in Indiana, and you can be charged with at least a Class A misdemeanor if convicted, which is up to one year in jail. When facing serious marijuana offenses and charges, rely on elite criminal defense to obtain the best case result.
Gemma & Karimi Law is an outstanding Indianapolis marijuana crimes lawyer. They are aggressive, experienced criminal defense attorneys who will fiercely defend your innocence and rights. Talk to one of our marijuana possession or dealing marijuana attorneys now to get started on your defense. We offer a free legal consultation at (317) 602-5970.
Understanding Indiana Marijuana Laws
Recreational use of marijuana is illegal in Indiana, and it considers the drug a controlled substance. You can go to jail for possessing, dealing with, or distributing marijuana. Possession of any amount is classified as a criminal offense.
Generally, a first-time offense involving less than 30 grams is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000. If you have a prior drug conviction, the charge escalates to a Class A misdemeanor – up to 1 year in jail and a $5,000 fine – for less than 30 grams, or a Level 6 felony – 6 months to 2.5 years in prison and a $10,000 fine – for 30 grams or more.
Cultivation, sale, or intent to distribute carries even harsher penalties, often escalating to felony charges depending on the quantity and circumstances.
Note that Marion County, where Indianapolis is, has a prosecutorial policy, enacted in 2019 under Prosecutor Ryan Mears, to not pursue charges for possession of less than 1 ounce (about 28 grams) as a standalone offense.
However, this is not a change in law; possession remains illegal statewide, and police can still arrest you. This policy could shift with a new prosecutor or legal challenge, and it doesn’t apply to cases involving other crimes, such as driving under the influence.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
Dealing in Marijuana Charges and Penalties
In Indiana, “dealing in marijuana” refers to the illegal sale, delivery, or intent to distribute marijuana, and the penalties are significantly harsher than those for simple possession. These charges are outlined under Indiana Code 35-48-4-10 and depend on factors like the amount involved, prior convictions, and aggravating circumstances (e.g., proximity to schools or involving minors). As of March 31, 2025, here’s how it breaks down:
Dealing Less Than 30 Grams – Class A Misdemeanor
The penalty is up to a year in county jail and a $500 fine. This is for small-time dealing without an aggravating factor, such as a prior conviction or dealing to minors.
Dealing 30 Grams to Less Than 10 Pounds – Level 6 Felony
The penalty is six months to 2.5 years in jail and a fine up to $10,000. A dealing charge is likely if you were arrested with scales, cash, and packaging.
Dealing 10 Pounds or More – Level 5 Felony
This felony crime results in one to six years in prison and up to a $10,000 fine. Large quantities of marijuana, hash oil, hashish, and hash oil hashish suggest major trafficking operations, a serious drug offense.
Effective Defense Strategies for Marijuana Cases
Defending against marijuana charges in Indiana, whether possession or dealing, requires a tailored strategy by your criminal charges lawyer. The effectiveness of a defense depends on the case’s specifics: the charge, the evidence, and the circumstances of the arrest. Potential defenses for your marijuana hash oil hashish or hash oil hashish case include:
Challenge the Stop, Search, or Seizure
The Fourth Amendment protects against unreasonable searches and seizures. If police lacked probable cause or a valid warrant, evidence (marijuana, paraphernalia, etc.) can be suppressed.
For a traffic stop, police need reasonable suspicion (e.g., speeding, broken taillight). Smell of marijuana can justify a search, but if the stop itself was baseless or the search exceeded its scope (e.g., digging through a locked trunk without consent or a warrant), the evidence might get tossed.
Question the Evidence
Prosecutors must prove the substance is marijuana and the quantity matches the charge. Mistakes in testing, chain of custody, or weight calculations can weaken their case. Labs test for THC presence, but wet marijuana (not fully dried) weighs more, potentially inflating the amount past felony thresholds. Chain-of-custody errors, like untracked evidence bags, can also cast doubt.
Argue Lack of Intent (Dealing Cases)
Dealing charges require intent to distribute, not just possession. It’s harder to convict without clear evidence. such as large amounts of cash and baggies. Indiana Code 35-48-4-10 hinges on intent. Prosecutors often infer it from quantity or paraphernalia, but that’s not always airtight.
Exploit Procedural Errors
Police and prosecutors must follow protocol. Missed Miranda rights, delayed arraignment, or sloppy paperwork can derail a case. You must be read your rights if questioned in custody. If not, statements you made could be excluded. Ditto if evidence logs are incomplete.
Frequently Asked Questions
Selling less than 30 grams is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $5,000. If the person has a prior drug conviction, it becomes a Level 6 felony, with a penalty of 6 months to 2.5 years in prison and a fine of up to $10,000.
In Indiana, dealing marijuana can indeed be classified as a felony, depending on the circumstances. The state’s laws categorize marijuana-related offenses based on factors like the amount involved and whether there’s intent to distribute. Less than 30 grams of marijuana is a misdemeanor, but it is a Level 6 felony if more than 30 grams.
Possession refers to knowingly or intentionally having a controlled substance without a valid prescription. It’s about personal use or control, not distribution. Dealing involves the intent to distribute, sell, manufacture, or deliver a controlled substance to others.
Get a Strong Defense with Our Indianapolis Law Office
If you’ve been charged with a marijuana-related offense, you need a highly skilled criminal defense attorney on your side. Gemma & Karimi Law will provide the tough, uncompromising defense you need to win your case. We will craft a strong defense to dismiss the case; otherwise, we will seek the best deal offered. Contact us today to schedule a free consultation and learn more about how we can help you at (317) 602-5970.
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