Indiana Drug Offense Levels
Indiana classifies drug offenses based on the type of substance, quantity, and circumstances of the offense. Understanding where your charge falls is the first step in building an effective defense.
Class B Misdemeanor
Simple possession of marijuana (less than 30 grams) for a first offense is typically charged as a Class B misdemeanor, carrying up to 180 days in jail and a $1,000 fine.
Level 6 Felony
Possession of cocaine, methamphetamine, or other Schedule I/II substances in amounts under 5 grams typically results in a Level 6 felony charge — 6 months to 2.5 years and up to $10,000 fine.
Level 5 Through Level 1 Felony
As quantities increase or when dealing/trafficking is alleged, charges escalate rapidly. A Level 1 felony drug conviction carries 20-40 years in prison. These cases demand immediate, aggressive legal representation.
Key Defense Strategies
Fourth Amendment Suppression
Many drug cases hinge on whether the search that uncovered the drugs was constitutional. If police conducted an illegal search without a warrant, without valid consent, or outside the scope of a lawful stop, the evidence may be suppressed entirely, often resulting in dismissal of charges.
Challenging Constructive Possession
Prosecutors must prove you knowingly possessed the drugs. If the drugs were found in a shared space, we challenge whether the prosecution can prove the drugs were yours beyond a reasonable doubt.
Diversion and Treatment Programs
For first-time or low-level offenders, Indiana offers drug court programs and diversion agreements that can result in charges being dismissed upon successful completion of treatment.
Immigration Consequences
For non-citizens, drug convictions carry particularly severe immigration consequences. Even a single misdemeanor drug conviction can trigger mandatory deportation and permanent bars to re-entry. At Jun Law Firm, we evaluate every drug case through both a criminal defense and immigration law lens.