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Indiana Marijuana Law, Regulation, Penalties, Attornies & Congressman

Indiana Marijuana Law, Regulation, Penalties, Attornies & Congressman

Offense Penalty Incarceration   Max. Fine  

Possession

Any amount Misdemeanor 180 days $ 1,000
Less than 30 g and prior drug offense Misdemeanor 1 year $ 5,000
30 g or more and prior drug offense Felony 6 months – 2 1/2 years $ 10,000
Conditional discharge may be available for first-time offenders.

Sale or Cultivation

Less than 30 g Misdemeanor 1 year $ 5,000
30 g – less than 10 lbs Felony 6 months – 2 1/2 years $ 10,000
10 lbs or more Felony 1 – 6 years $ 10,000
To a minor Felony 1 – 6 years $ 10,000
Prior drug offense carries a greater penalty. See details section for more information.

Hash & Concentrates

Possession

5 g or more Felony 6 months – 2 1/2 years $ 10,000

Manufacture

Less than 5 g Misdemeanor 1 year $ 5,000
5 g – less than 300 g Felony 6 months – 2 1/2 years $ 10,000
300 g or more Felony 1 – 6 years $ 10,000
Prior drug offense carries a greater penalty. See details section for more information.

Paraphernalia

Possession, Dealing or Manufacture Infraction N/A $ 10,000
Possession, Dealing or Manufacture (subsequent conviction) Felony 6 months – 2 1/2 years $ 10,000

Miscellaneous

Presence where knowledge of drug activity occurs Misdemeanor 6 months $ 1,000
Possession, sale, or distribution conviction will result in a driver’s license suspension.

Penalty Details

Marijuana, which includes hash and hash oil under the Indiana Criminal Code, is listed as a Schedule I drug.

See

  • 35-48-2-1, et seq. of the Indiana Criminal Code
  • 35-48-2-4(d)(22) of the Indiana Criminal Code 
  • 35-48-4-10,11 of the Indiana Criminal Code 

Possession for Personal Use

Possession of marijuana is a Class B misdemeanor punishable by not more than 180 days and a possible fine of not more than $1,000. Possession of less than 30 grams and a prior drug offense is a Class A misdemeanor punishable by up to 1 year imprisonment and a fine of not more than $5,000. Possession of at least 30 grams of marijuana with a prior conviction for a drug offense is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment, with the advisory sentence being 1 year and may be fined not more than $10,000. Possession with intent to manufacture, finance the manufacture of, deliver, or, finance the delivery of shall follow the violations listed under “Sale or Cultivation.” Conditional discharge may be available for first-time offenders.

See

  • 35-48-4-11 of the Indiana Code 
  • 35-48-4-12 of the Indiana Code
  • 35-50-2-7(b) of the Indiana Code 
  • 35-50-3-3 of the Indiana Code 

Sale/Cultivation

The sale of less than 30 grams is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000. A subsequent offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

The sale of 30 grams – less than 10 pounds is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

The sale of 10 pounds or more is a level 5 felony punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.

The sale of any amount to a minor is a level 5 felony punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.

See

  • 35-48-4-10 of the Indiana Code 

Hash & Concentrates

A person who knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, or hashish commits a Class A misdemeanor, punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. Conditional discharge may be available for first-time offenders.

Possession of more than 2 grams of hashish or concentrate, or if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish and is in possession less than 2 grams, then the crime is a level 6 felony, punishable by 6 months to 2 ½ years imprisonment and a maximum fine of $10,000.

See

  • § 35-48-4-10 of the Indiana Code 
  • § 35-48-4-11 of the Indiana Code 
  • § 35-48-4-12 of the Indiana Code 
  • § 35-50-3-2 of the Indiana Code 
  • § 35-5-2-7 of the Indiana Code 

Manufacture or sale of less than 5 grams of hash oil, or hashish is a class A misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. A subsequent offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

If the amount is at least 5 – but less than 300 grams the offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000. A subsequent offense if a person has a prior drug dealing offense is a level 5 felony punishable by punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.

If the amount involved is at least 300 grams the offense is a level 5 felony punishable by a fixed term of imprisonment of 1 – 6 years with the advisory sentence being 3 years and a fine of not more than $10,000.

If the offense involved a sale to a minor the offense is a level 5 felony punishable by a fixed term of imprisonment of 1 – 6 years with the advisory sentence being 3 years and a fine of not more than $10,000.

See

  • § 35-48-4-10 of the Indiana Code

Paraphernalia

Manufacture

Manufacture of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A Subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

See

  • 34-28-5-4 of the Indiana Code 
  • 35-48-4-8.1 of the Indiana Code
Possession

Possession of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

See

  • 34-28-5-4 of the Indiana Code 
  • 35-48-4-8.3 of the Indiana Code 
Sale

Dealing in paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A person is dealing in paraphernalia and has a prior unrelated judgment or conviction may be convicted of a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

See

  • 34-28-5-4 of the Indiana Code 
  • 35-48-4-8.5 of the Indiana Code

Miscellaneous

Presence “where knowledge of drug activity occurs” is a misdemeanor punishable by a maximum sentence of six months imprisonment and a maximum fine of $1,000.

A possession, sale, or distribution conviction will result in a driver’s license suspension for 6 months- 2 years.

See

  • 9-30-4-6(b)(6) of the Indiana Code
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

MEDICAL CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.

Indiana Drunk Driving

In Indiana, a person in guilty of DUI if he or she operates a vehicle while a controlled substance or its metabolite is present in the person’s body. Ind. Code Ann. § 9-30-5-1(c) (West 2010).

NOTE: Actual impairment is not an element of this offense. Cannabis metabolites can be detected in a person’s body up to one month after use, thus it is possible to be convicted of this offense weeks after a person last ingested cannabis.

Affirmative Defense

It is a defense that the driver consumed the controlled substance under a valid prescription or order of a practitioner who acted in the course of the practitioner’s professional practice. Id. § 9-30-5-1(d).

NOTE: A doctor’s recommendation to use cannabis is NOT a valid prescription.

Implied Consent

  • A person who operates a vehicle impliedly consents to submit to chemical tests as a condition of operating a vehicle in Indiana. Id. § 9-30-6-1. A person must submit to each chemical test offered by an officer, or it will be considered a refusal. Id. § 9-30-6-2(d).
  • If the person refuses, the officer will immediately revoke the driver’s license and driving privileges will be suspended for one year. Id. § 9-30-6-7(b); Id. 9-30-6-9(b)(1)(A). The driver is entitled to an appeal hearing. Id. § 9-30-6-10.
  • The chemical tests must be administered within three hours after the law enforcement officer has probable cause to believe the person is driving while under the influence. Id. § 9-30-6-2(c).
  • At any proceeding for driving under the influence, refusal to submit to a chemical test is admissible into evidence. Id. § 9-30-6-3(b).

Penalties

  • First offense Misdemeanor– jail for a minimum of 5 days up to 60 days; up to 180 hours of community service; fine of up to $500; license suspension up to 2 years; court fees of at least $300; probation up to 2 years. Id. § 9-30-5-1(a); Id. § 9-30-5-15(a); Id. § 9-30-5-10
  • Second offense Class “D” Felony – jail for a minimum of 5 days up to 3 years; fine of up to $10,000; license suspension for a minimum of 180 days up to 2 years; probation up to 2 years. Id. § 9-30-5-3(1); Id. § 9-30-5-15(b); 9-30-5-10
  • Third offense Class “D” Felony – jail for a minimum of 10 days up to 3 years; fine of up to $10,000; license suspension for a minimum of 1 year; probation of up to 2 years. Id. § 9-30-5-15(c); Id. § 9-30-5-10.

Other Penalties & Penalty Enhancers

  • If serious bodily injury or death results. Id. §§ 9-30-5-4, 5.
  • If a passenger under 18 years of age is in the vehicle. Id. § 9-30-5-3(a)(2).
  • The courts shall recommend suspension or revocation of the person’s driving privileges for at least 6 months, because marijuana is a schedule I controlled substance. Id. § 9-30-5-10(c).
  • Restitution of no more than $1,000 to the state for the cost of emergency medical services. Id. § 9-30-5-17(a)(2).

Sobriety Checkpoints

Indiana allows law enforcement officials to conduct roadblocks under the Federal Constitution.

  • Avoiding a checkpoint was sufficient cause to conduct a stop. Police officer must have reasonable facts to base suspicion, not mere speculation. Snyder v. State, 538 N.E.2d 961 (1989).
  • Drug interdiction checkpoint held a violation of Constitution. Indianapolis v. Edmond, 121 S.Ct. 447 (2000).

Case Law

Brown v. State, 744 N.E.2d 989 (2001) — concern of the DUID statute was not how the metabolite entered the blood but rather whether a metabolite is present in said blood.

Hoornaert v. State, 652 N.E.2d 874 (1995) — Court of Appeals could not infer that defendant had marijuana in his blood to support conviction for operating vehicle with controlled substance in his blood, even though he exhibited signs of impairment and refused urinalysis, and even if he was impaired by marijuana use.

Estes v. State, 656 N.E.2d 528 (1995) — Urine test indicating defendant had marijuana metabolites in system was insufficient to prove that defendant had marijuana in his blood, and did not support conviction for operating vehicle with controlled substance in blood.

Radick v. State, 863 N.E.2d 356 (2007) – Evidence was sufficient to convict where defendant was operating vehicle at time of one-vehicle accident, defendant told emergency personnel that that he had used marijuana, lab tests revealed that defendant had THC in his blood.

Rhoades v. State, 675 N.E.2d 698 (1996) — Evidence that defendant was involved in automobile accident, that pipe which smelled of burned marijuana was found on front seat of automobile, and that defendant’s urine contained marijuana metabolites formed sufficient factual basis to support guilty plea to operating vehicle with controlled substance in blood.

Per Se Drugged Driving Laws

Indiana has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (Indiana Code Annotated, Section 9-30-5-1 & Section 9-30-5-2)

Violating the law is punishable by up to 60 days in jail upon conviction for a first offense.

Indiana Hemp Law

Year Passed: 2014
Summary: Senate Bill 357 authorizes state regulators to begin the process of licensing farmers to grow hemp commercially.

The American Farm Bureau recently endorsed ending the federal prohibition on industrial hemp at its annual meeting in January. Most recently, the US House of Representatives approved language in the federal Farm Bill to allow pilot studies specific to hemp cultivation to take place in states that have authorized them. Indiana’s farmers ought to be able to take advantage of this pending change in federal law.
Statute: Ind. Code § 15-15-13-7 (2014)

Indiana Tax Stamps

Stamp
State Code § 6-7-3-8
Tax Rate $3.50/gram
Penalty for Nonpayment (Civil and Criminal ) 200% of Tax
Additional Information
Tax found to violate double jeopardy protections in Fassinger v. State, 656 N.E.2d 1163. As a result, tax stamp violations must be processed separately from criminal proceedings.

The lack of due process and the Department of Revenue’s levying of the tax for constructive possession alone were challenged unsuccessfully in Hurst v. Department of Revenue, 720 N.E.2d 370 (Ind. Tax. 1999) and Hall v. Department of Revenue, 720 N.E.2d 1287 (Ind. Tax 1999).

For more information, call the Department of Revenue’s Criminal Investigations Division at (317)232-3360

 

Christopher Michael Eskew

317-974-0177

Christopher Michael Eskew

Eskew Law LLC
1 N. Meridian St. Suite 600

IndianapolisIN 46204

www.eskewlaw.com

Phone: 317-974-0177

Stephen Ward Dillon

317-923-9391

Stephen Ward Dillon

Dillon Law Office
3601 Pennsylvania

IndianapolisIN 46205

www.stevedillonlaw.com

Phone: 317-923-9391

Jeffrey Philip Terrill

260-420-7777

Jeffrey Philip Terrill

Arnold Terrill Anzini, P.C.
127 W Berry Street Suite 700

Fort WayneIN 46802

www.fortwaynedefense.com

Phone: 260-420-7777

William Henry Martin

317-989-9161

William Henry Martin

Law Office of William H Martin
3601 North Pennsylvania St.

IndianapolisIN 46205

www.whmartinlaw.com

Phone: 317-989-9161

Julie Chambers

317-450-2971

Julie  Chambers

Chambers Law Office, LLC
9120 Otis Avenue, Suite 106A

IndianapolisIN 46216

www.defendindy.com

Phone: 317-450-2971

Rock Lee

317-759-2599

Rock Christopher  Lee

Suhre & Associates, LLC
101 W. Ohio Street Suite 2000

IndianapolisIN 46204

www.suhrelawindianapolis.com

Phone: 317-759-2599

Sean K. Hessler

317-886-8800

Sean Kelly Hessler

Hessler Law PC
156 East Market St. Ste 510

IndianapolisIN 46204

www.hesslerlaw.com

Phone: 317-886-8800

Paul Stanko

888-778-2656

Paul David Stanko

Law Offices of Paul Stanko
105 E. Jefferson Blvd. Suite 800

South BendIN 46601

www.northernindianacriminaldefense.com

Phone: 888-778-2656

 

 

Indiana Congressman

Senators

Dan Coats (R)

INDIANA

 

Grade: D

Votes

 

No sponsorships or comments

 

Joe Donnelly (D)

INDIANA

 

Grade: D

Votes

 

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House of Representatives

Andre Carson (D)

INDIANA

 

Grade: B

Votes

 

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Pete Visclosky (D)

INDIANA

 

Grade: B

Votes

 

Cosponsor

H.R. 1538 CARERS Act of 2015

 

Todd Young (R)

INDIANA

 

Grade: B

Votes

 

Cosponsor

*H.R. 525 Industrial Hemp Farming Act of 2015
H.R. 1635 Charlotte’s Web Medical Access Act of 2015

 

Susan Brooks (R)

INDIANA

 

Grade: D

Votes

 

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Larry Bucshon (R)

INDIANA

 

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Votes

 

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Luke Messer (R)

INDIANA

 

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Todd Rokita (R)

INDIANA

 

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Votes

 

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Marlin Stutzman (R)

INDIANA

 

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Votes

 

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Jackie Walorski (R)

INDIANA

 

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