What Are the Types of Drug Possession Charges in Indiana?

What Are the Types of Drug Possession Charges in Indiana?

At Worthley Law, we recognize the panic that can set in upon hearing a charge with the words “drug possession” in it. However, it’s important to know that while all are serious, not all drug possession charges are treated the same under Indiana law. The classification of the charge and its corresponding penalties can vary dramatically based on factors such as the drug’s schedule, the quantity possessed, and even prior convictions. It is vital to have a clear understanding of the specific charges you face when determining what the impacts may be.

Here’s what you need to know about Indiana drug possession charges:

• Actual vs constructive possession matters
• You don’t need the drugs on you to be charged due to constructive possession
• The amount helps determine the charge severity
• First-time offenders may have alternative sentencing options

What Are the Categories of Drug Possession in Indiana?

In general, drug possession can be either actual or constructive.

Actual possession is straightforward: You have direct physical control over the controlled substance. The drugs are on your person, in your pocket, or in your hand.

Constructive possession is more complex. Under Indiana law, you can be charged even if drugs aren’t physically on you. Prosecutors must prove you had both the intent and capability to maintain control of the substance. This often comes into play when drugs are found in a shared vehicle, home, or other location where multiple people have access.

Why Can Constructive Possession Create Legal Challenges?

Constructive possession cases can be particularly difficult to defend and to prosecute. Proving intent and control in shared spaces, especially, often requires additional evidence pointing to your knowledge of the drugs’ presence. This can include:

• Incriminating statements you made
• Your proximity to the drugs
• Drugs found near items belonging to you
• Attempted flight or suspicious behavior

A person’s mere presence at a location where drugs were found is typically not sufficient for a conviction. This can become a situation where experienced legal representation is nonetheless essential for your defense.

What Are the Felony Thresholds and Penalty Levels for Possession?

While penalties can vary by schedule, let’s look at one specific example. Indiana Code § 35-48-4-6 governs possession charges for cocaine and Schedule I or II narcotics. The base charge is a Level 6 felony, but penalties will escalate based on the amount:

• Level 6 felony: Less than 5 grams
• Level 5 felony: 5 to 10 grams, or less than 5 grams with an enhancing circumstance
• Level 4 felony: 10 to 28 grams, or 5 to 10 grams with an enhancing circumstance
• Level 3 felony: 28 grams or more, or 10 to 28 grams with an enhancing circumstance

These thresholds apply to pure or adulterated substances. “Enhancing circumstances” can include factors like possession near a school, prior convictions, or involvement of minors.

Are There Any Alternatives for First-Time Offenders?

Indiana offers a few paths to avoid or decrease charges for eligible first-time drug offenders.

• Pretrial diversion programs allow qualifying individuals to complete requirements (like treatment, community service, or monitoring) in exchange for dismissal of charges. These programs require prosecutor consent and typically involve fees and regular check-ins.
• Conditional discharge applies specifically to first-time possession of marijuana, hashish, salvia, or smokable hemp as a misdemeanor. With your consent, the court can defer proceedings and place you under supervision. If you complete all the conditions the court determines, the charges are dismissed. This option can only be used once.
• Drug courts offer another alternative. These problem-solving courts combine judicial supervision with treatment and support services for individuals struggling with substance abuse. They focus on rehabilitation rather than punishment and may be available for certain individuals.

Acting Today to Protect Your Future

Drug possession charges carry serious consequences beyond potential jail time, including loss of driving privileges, difficulty finding employment, and impacts on housing and educational opportunities. The specific facts of your case matter enormously.

At Worthley Law, we examine every detail: how the drugs were found, who had access to the location, what statements were made, and whether your constitutional rights were protected. With Attorney Mark Worthley’s experience as both a prosecutor and public defender, we understand both how the State builds its case and how to build a strong defense.

No matter how big or small, don’t face drug possession charges alone. Reach out to Worthley Law today for a consultation.