Marijuana possession still illegal in Indiana

On Behalf of | Jan 16, 2019 | Criminal Defense |

With so many changes regarding cannabis possession laws recently, it can be confusing to know what is legal and what is prohibited. Even though CBD oil is now legal in Indiana, it remains highly uncertain whether cannabis will be legal anytime soon. Here are the penalties for marijuana possession in Indiana, and some possible alternatives to traditional punishment.

A Misdemeanor Offense

If you get convicted of marijuana possession of under 30 grams for the first time, you receive a Class B misdemeanor which can lead to up to 180 days in jail and a maximum fine of 1,000 dollars. A prior drug conviction means that you will receive a Class A misdemeanor that can get you up to a year in jail and a fine of up to 5,000 dollars.

When Possession Becomes A Felony

If you have a prior drug charge on your record and you get caught with over 30 grams, which is a little over an ounce, you can get charged with a Level 6 felony which carries at least six months in jail and up to 10,000 dollars in fines.

Alternatives To Jail

First-time offenders without any additional criminal charges may get offered a pre-trial diversion option or a conditional discharge with alternative sentencing. A pre-trial diversion avoids prosecution in exchange for paying a fee and attending substance abuse awareness education. To earn a conditional discharge, you have to plead guilty, but after completion of time served in probation or taking substance abuse classes, the charge gets dismissed.

Some think that legalizing CBD oil is the first step in the process to get medicinal marijuana legalized, and then later for marijuana to be decriminalized as a whole. It remains to be seen, however, and will most likely take a long time or not happen at all.