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Indiana Drug Possession Attorneys

Protecting your rights, challenging the evidence, and defending your future.

What Are Indiana’s Drug Possession Laws?

Indiana drug laws are found in Indiana Code Title 35, Chapter 48. Under Indiana Code § 35-48-4-7, knowingly possessing a controlled substance without a valid prescription commits a Class A misdemeanor, though penalties escalate based on several factors.

Drug Classifications: Indiana follows the federal Controlled Substances Act classification system:

  • Schedule I: High abuse potential, no medical use (heroin, LSD, marijuana, MDMA)
  • Schedule II: High abuse potential, accepted medical uses (cocaine, methamphetamine, oxycodone, fentanyl)
  • Schedule III: Moderate abuse potential (ketamine, anabolic steroids, Tylenol with codeine)
  • Schedule IV: Low abuse potential (Xanax, Valium, Ambien, Tramadol)
  • Schedule V: Lowest abuse potential (codeine cough medications, Lyrica)

Drug Possession Defense Services We Provide

Marijuana Possession: Despite evolving laws nationwide, Indiana maintains strict cannabis penalties. Marijuana possession is typically a Class B misdemeanor but becomes a felony with prior convictions or larger quantities.

Controlled Substance Possession: Charges involving cocaine, heroin, or methamphetamine carry severe felony penalties. We aggressively challenge evidence and advocate for your rights.

Prescription Drug Offenses: Possessing medications like Oxycodone or Xanax without valid prescriptions can result in criminal charges. We explore every legal avenue for charge reduction or dismissal.

Possession with Intent to Distribute: When prosecutors allege intent to sell, you face enhanced felony charges. We challenge prosecution evidence and fight inflated charges based on circumstantial evidence.

Related Criminal Charges: We also defend clients facing related charges such as gun possession and alcohol offense cases that may arise alongside drug charges.

How Serious Are Drug Possession Penalties in Indiana?

Misdemeanor Penalties:

  • Class C Misdemeanor: Up to 60 days jail, $500 fine
  • Class B Misdemeanor: Up to 180 days jail, $1,000 fine
  • Class A Misdemeanor: Up to 1 year jail, $5,000 fine

Felony Penalties:

  • Level 6 Felony: 6 months to 2.5 years prison, up to $10,000 fine
  • Level 5 Felony: 1 to 6 years prison, up to $10,000 fine
  • Level 4 Felony: 2 to 12 years prison, up to $10,000 fine

Enhancing Circumstances increase penalties when involving prior convictions, firearms, school zones, or correctional facilities. These factors can elevate a misdemeanor to a felony under Indiana law.

Proven Defense Strategies for Drug Charges

Constitutional Violations: We examine whether law enforcement violated your Fourth Amendment rights during searches. Evidence from illegal searches can be suppressed, potentially leading to dismissal.

Lack of Possession: We challenge the prosecution’s ability to prove actual or constructive possession, especially when drugs are found in shared spaces.

Prescription Defenses: For prescription drug charges, we investigate valid authorization or prescription confusion.

Crime Lab Issues: We scrutinize chain of custody and laboratory testing for contamination or procedural errors.

Can I Avoid Jail Time for Drug Possession?

Indiana offers several alternatives to traditional criminal penalties:

  • Drug Courts: Specialized courts focus on treatment rather than punishment
  • Conditional Discharge: First-time offenders may qualify for programs resulting in charge dismissal
  • Treatment Programs: Court-ordered substance abuse treatment can substitute for jail time
  • Probation: Many cases resolve with probation rather than incarceration
  • Record Expungement: Many convictions can later be expunged to clear your record

What Should I Do if Arrested for Drug Possession?

If arrested for drug possession in Indiana:

  1. Remain Silent: Exercise your right to remain silent
  2. Request an Attorney: Ask for legal representation immediately
  3. Don’t Consent to Searches: Politely decline search requests
  4. Document Everything: Remember arrest details and potential violations
  5. Contact Kaushal Law LLC: Call immediately for emergency representation

Contact Our Indiana Drug Possession Defense Team

Don’t let a drug possession charge derail your future. From the moment you contact Kaushal Law LLC, you’ll have dedicated legal advocates who listen carefully, act quickly, and fight aggressively for your rights.

Our experienced Indiana drug possession attorneys understand controlled substances law complexities and have successfully defended hundreds of clients. We’re committed to protecting your constitutional rights, challenging weak evidence, and pursuing the best possible outcome.

Call today for a confidential consultation with an Indiana drug possession attorney who will fight for your future.


The information on this page is for educational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. Contact our office to discuss your particular situation with an experienced criminal defense attorney.

Most Asked Topics

What Are the Long-term Consequences of Drug Possession Convictions?

Beyond criminal penalties, drug convictions can affect employment, professional licensing, housing, education funding, immigration status, and driving privileges. Our attorneys work to minimize these collateral consequences through strategic defense. We also help clients pursue record expungement when eligible to restore opportunities.

Can Police Search My Phone During a Drug Arrest?

Generally, police need a warrant to search your phone’s contents. However, they may examine the phone’s exterior and access emergency information. Never consent to phone searches and immediately request an attorney if arrested.

How Long Do Drug Possession Cases Take in Indiana?

Case duration varies widely depending on complexity, court schedules, and whether you accept a plea deal or go to trial. Simple possession cases may resolve in 2-4 months, while complex felony cases can take 6-12 months or longer.

What Should I Expect During a Drug Possession Court Case?

Drug possession cases typically involve arraignment, pre-trial motions, discovery, plea negotiations, and potentially trial. Most cases resolve through plea agreements, but having an experienced attorney ensures your rights are protected throughout the process. Our attorneys also handle related charges like OVWI that may arise during traffic stops.

Can Drug Convictions Be Expunged in Indiana?

Many drug convictions can be expunged after meeting specific waiting periods and requirements. Misdemeanor convictions may be eligible after 5 years, while felony convictions require 8-10 years. We help eligible clients clear their records through Indiana’s expungement process.

What Happens if I’m Caught with Drugs in My Car in Indiana?

Vehicle drug possession cases involve complex search and seizure laws. Police need reasonable suspicion or consent to search your vehicle. Evidence from illegal searches can be suppressed, potentially leading to case dismissal.

Can I Get Drug Possession Charges Reduced in Indiana?

Yes, experienced attorneys can often negotiate charge reductions through plea bargaining, challenging evidence, or demonstrating mitigating circumstances. Factors like first-time offender status, small quantities, and cooperation can lead to reduced charges.

Can Drug Possession Charges Be Dismissed in Indiana?

Yes, charges can be dismissed based on constitutional violations, lack of evidence, or successful completion of diversion programs. Common dismissal grounds include illegal searches, improper evidence handling, and prosecutorial misconduct.

Will I Go to Jail for First-time Drug Possession?

Not necessarily. First-time offenders often qualify for alternative sentencing, probation, or treatment programs. Indiana’s drug courts and diversion programs prioritize rehabilitation over incarceration for eligible defendants.

How Much Does a Drug Possession Lawyer Cost in Indiana?

Attorney fees vary based on case complexity, charges severity, and required legal work. Many attorneys offer payment plans or flat fees for drug possession cases. Contact Kaushal Law LLC for a consultation to discuss costs specific to your situation.

What’s the Difference Between Actual and Constructive Possession?

Actual possession means drugs are found directly on your person. Constructive possession requires proving you had knowledge and control over drugs found in vehicles, homes, or shared spaces, even if not physically on you.

How Are Drug Possession Charges Classified in Indiana?

Classifications depend on substance type, quantity, and circumstances. Marijuana possession is typically a misdemeanor, while cocaine or heroin possession usually results in felony charges. Schedule I and II substances carry harsher penalties than Schedule III-V drugs.

What Indiana Cities Can We Handle Your Drug Possession Case?

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