As medical marijuana becomes legal in more states, questions arise about its use as a defense in drug possession cases. In Indiana, marijuana remains illegal for both recreational and medical use.
This creates challenges for those who may use medical marijuana legally in another state but are caught with it in Indiana.
Marijuana laws in Indiana
Indiana has some of the strictest marijuana laws in the country. Possession of marijuana, even for medical reasons, is illegal in the state. First-time possession of less than 30 grams is a misdemeanor, but larger amounts or repeat offenses can lead to felony charges.
Indiana does not recognize out-of-state medical marijuana cards, which means that even patients using marijuana legally in another state may still face criminal charges in Indiana.
Medical marijuana as a defense
Since Indiana does not allow medical marijuana use, claiming it as a defense is not typically successful in drug possession cases. Courts in Indiana do not accept medical marijuana as a valid reason for possessing the drug. This means that those caught with marijuana, even if they have a prescription from another state, cannot use that prescription as a defense.
Possible defense options
While medical marijuana use cannot be used as a defense, other legal strategies might help reduce or dismiss charges. Challenging the evidence, questioning the legality of the traffic stop, or proving the marijuana did not belong to the defendant are possible defenses. Working with a criminal defense attorney who understands Indiana’s strict drug laws can be necessary in these cases.
Navigating Indiana’s marijuana laws
Indiana’s strict stance on marijuana makes it challenging to use medical marijuana as a defense in drug possession cases. Those facing charges should understand their legal options as they work to build a strong defense.
