It is against the law in Indiana to possess an illegal controlled substance, such as cocaine or a narcotic drug. Controlled substances are classified according a schedule. The schedule categorizes drugs according important factors, such as its risk to the public, the actual or relative potential for abuse, and the history or current pattern of abuse. A conviction for drug possession can result in a term of incarceration and a fine.
Drug Possession in Indiana
According to Indiana code, a person is guilty of possession of cocaine or other narcotic drug if:
- The person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses cocaine (pure or adulterated) or a narcotic drug (pure or adulterated) classified in schedule I or II, commits possession of cocaine or a narcotic drug.
The circumstances of each case will determine the felony class. Depending on the weight, the type of drug, whether a firearm was involved, and where the possession occurred, will determine whether the offense is a Class A, B, C, or D felony.
Drug Possession Penalties in Indiana
The penalty for drug possession will vary according to the felony class. Indiana uses the following guidelines:
- Class D felony: imprisonment for a fixed term between 6 months and three years and a fine of not more than $10,000
- Class C felony: imprisonment for a fixed term between two and 8 years and a fine of not more than $10,000
- Class B felony: imprisonment for a fixed term between 6 and 20 years and a fine of not more than $10,000
- Class A felony: imprisonment for a fixed term between 20 and 50 years and a fine of not more than $10,000
If the person has two prior unrelated substance offenses categorized as a Class A misdemeanor or felony, the prosecutor can request to have the person sentenced as a habitual substance offender. The sentence may not be less than the advisory sentence, but it may not be more than three times the advisory sentence. The additional sentence may not exceed 30 years.
Legal Help from a Criminal Defense Attorney
A conviction for drug possession is a serious offense the can result in jail time. If you have been charged with drug possession in Indiana, contact an Indiana criminal defense attorney for help.
