From Parkinson’s to cancer patients, medical marijuana use is on the rise. You may be considering using it to treat your symptoms, but you’re wondering what the consequences are if you get caught.
Does Indiana prosecute heavily if I get caught with a small amount of marijuana? Are there any plans to legalize it? Do the penalties change depending on the amount I have on me?
These are the types of questions you might be asking yourself while you are making the decision if medical marijuana is a good option to treat your illness.
States have been changing their marijuana laws seemingly constantly, and each state seems to have different laws. Until recently, Indiana has completely outlawed marijuana and enforced some of the most severe penalties in the country.
While at the moment, the use and consumption of marijuana is illegal in Indiana, change might be on the horizon. Lawmakers are currently suggesting that the use of marijuana may become decriminalized if not completely legalized in the future.
Read below for information concerning the marijuana laws in Indiana.
Possession
At the moment, possession of any amount of marijuana is a crime, but anything less than 30 grams is treated as a misdemeanor offense. Over 30 grams is a Class D felony as are any subsequent offenses.
Sale
The sale of very small amounts of marijuana is usually considered a Class A misdemeanor. The sale of 10 pounds or more, or the sale within 1,000 feet of school property is treated as a Class C felony.
The sale of 30 grams to 10 pounds to a minor from a person with a previous conviction can result in a Class D felony.
Penalties
The penalties for a conviction for possession of any amount can result in 180 days of jail and a maximum fine of $1,000. If you have a prior conviction and are caught with less than 30 grams, you can receive up to 1 year in jail and a $5,000 fine. The possession of more than 30 grams with a prior conviction is a felony that carries a jail sentence of 6 months to 2.5 years and a $10,000 fine.
Federal laws
Under federal law, the possession and sale of marijuana is still illegal, regardless of each state’s position. If Indiana legalizes the use of marijuana, you can still be prosecuted under federal laws.
If you have been charged with possession of marijuana, it is important to understand your rights and options. Contact an Indianapolis attorney experienced with criminal defense for advice in handling your drug charge.