The Gaunt | Law Office

More Than 20 Years Of Experience With Criminal Matters

Can you go to jail for marijuana possession in Indiana?

On Behalf of | Feb 22, 2024 | Drug-related Charges

In Indiana, possession of marijuana is illegal under state law. However, the penalties for marijuana possession can vary depending on the amount of marijuana involved and whether it is a first or subsequent offense.

Understanding the laws regarding marijuana possession is important for residents and visitors alike.

Marijuana possession laws

In Indiana, marijuana is illegal for both recreational and medicinal use. Thus, possession of even a small amount of marijuana can result in criminal charges. Possession of marijuana is a misdemeanor for small amounts and a felony for larger amounts. Per, possession of less than 30 grams of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. Possession of more than 30 grams is a felony, with penalties including imprisonment of six months to 2.5 years and fines up to $10,000. Possession of marijuana within 1,000 feet of a school or youth center can result in enhanced penalties.

Possible defenses and alternatives

While marijuana possession is illegal, there may be defenses or alternatives available to those facing charges. For example, people may be eligible for pretrial diversion programs, drug courts or probation instead of jail time. Some may also have legal defenses such as illegal search and seizure or lack of possession.

While the laws regarding marijuana possession are strict, there may be options available to those facing charges. Understanding the legal landscape and potential defenses is important for anyone navigating the criminal justice system and hoping to achieve the best possible outcome.