When is Drug Possession a Felony in Indiana?

When is Drug Possession a Felony in Indiana?

Understanding the legal landscape surrounding drug possession in Indiana is crucial. The state takes drug-related offenses seriously, and the severity of the consequences can have a lasting impact on your life. While some drug possession charges result in misdemeanors, others escalate to felonies, carrying more severe penalties. Knowing the difference is essential for protecting your rights and your future. If you or a loved one is facing such charges, understanding when drug possession becomes a felony is the first step toward building a strong defense. Worthley Law offers comprehensive guidance through your criminal case. 

What Elevates Drug Possession to a Felony in Indiana?

Indiana law specifies several factors that determine whether drug possession is considered a misdemeanor or a felony. Below, we outline the most critical circumstances that can elevate possession charges.

1. Type of Drug in Possession

The type of drug plays a significant role in the severity of the charge. Indiana categorizes controlled substances into five schedules, with Schedule I being the most serious. Common examples include:

• Schedule I Drugs (e.g., heroin, LSD): Highly addictive and illegal for any purpose. Possession of these drugs is often charged as a felony.
• Schedule II Drugs (e.g., methamphetamine, cocaine): While some drugs in this category have medical uses, unauthorized possession can lead to felony charges.
• Drugs in lower schedules may result in misdemeanor charges unless additional factors are present.

2. Amount of the Substances

The quantity of the drug in your possession also impacts the charge. Larger quantities often indicate an intent to distribute, which raises the offense from possession to a more serious felony. For instance:

• Cocaine or Methamphetamine: Possession of more than 28 grams constitutes a Level 3 felony.
• Marijuana: Possession of over 30 grams may result in felony charges, especially if there have been multiple offenses.

3. Enhancing Circumstances

Certain situations can “enhance” drug possession charges, turning a misdemeanor into a felony. These include:

• Possession Near Certain Locations: Being in possession of drugs within 500 feet of a school, park or daycare.
• Prior Convictions: A history of drug-related offenses can escalate current charges.
• Combination with Other Crimes: Possession tied to violent crimes or carrying a firearm can lead to harsher felony penalties.

The Impact of a Felony Drug Possession Charge

The repercussions of a felony conviction are severe. Apart from significant fines and possible imprisonment, a felony drug charge can damage your personal and professional life. A felony may limit your employment opportunities, affect child custody arrangements and restrict your right to vote or own firearms. This is why it’s vital to act quickly and strategically when faced with these charges.

Contact Worthley Law for Guidance

When your future hangs in the balance, partnering with an experienced defense attorney can make all the difference. An attorney will carefully examine the details of your case, challenge the evidence and protect your rights throughout the legal process. At Worthley Law, we understand how complex Indiana drug possession laws can be. Facing a felony drug charge is daunting, but you don’t have to do it alone. With our personalized approach, we can guide you through the legal process, advocate for your best interests, and help you work toward the best possible outcome.

If you’re facing a drug possession charge, don’t wait. Contact Worthley Law today to schedule a consultation and take the first step toward defending your future.