Due to public opinion, political opposition, and current laws in place, penalties for drug crimes can be extremely harsh. Whether you have been charged with misdemeanor possession or a major felony, you may face jail or prison time and steep fines.
In addition to these penalties, having a drug charge on your permanent criminal record will significantly impact your ability to find future employment, obtain government assistance, apply for a loan, and more. Other privileges, such as the right to own or carry a firearm or drive a motor vehicle, may also be at risk.
Because of the complex laws and regulations regarding drugs in Indiana, your charges may seem like a confusing situation to navigate. Fortunately, an Indianapolis drug crime lawyer from Wruble Law LLC is here at your side throughout the entire process. We are able to provide quality defense services, advise you on the most effective course of action, and answer any questions you may have.
Schedule your free, no-obligation drug crimes consultation with us by calling (317)-308-8584.
Understanding Controlled Substances In Indiana
The landscape of drug-related issues in Indiana involves various substances, legal frameworks, and enforcement efforts that shape the state’s approach to drug policy and criminal justice. This section explores the regulations, penalties, and legal implications surrounding controlled substances in our state.
A controlled substance is defined under Indiana Code 35-48-1-9 as any “drug, substance, or immediate precursor in Schedule I, II, III, IV, or V.”
These schedules include the following broad categories of drugs:
- Opium Derivatives
- Hallucinogenic Substances
- Depressants and Stimulants
- Synthetic Drugs
Examples of drugs that fall within these above categories include marijuana, cocaine, fentanyl, methamphetamine, pentobarbital, delta-9 THC, ketamine, LSD, mescaline, MDMA, ecstasy, GHB, heroin, and psilocybin.
Certain drugs found under IC 35-48-2-4 may be illegal to possess, use, or distribute without a valid prescription. Still, they can be legally obtained and used under the supervision of a licensed healthcare professional.
What’s Considered A Drug Crime In Indiana?
In Indiana, drug crimes cover a broad spectrum of activities associated with controlled substances. While these punishable drug offenses stay the same, each specific drug has a set punishment that depends on the amount of the drug in question and other extenuating circumstances.
Broadly, no matter the specific drug involved, many actions are considered “dealing” under IC 35-48-4, the chapter regarding offenses relating to controlled substances.
A person is dealing when they “knowingly or intentionally” do the following activities:
- Manufacture Drugs
- Finance the Manufacturing Of Drugs
- Deliver Drugs
- Finance the Delivery of Drugs
A person is also dealing when they “knowingly or intentionally” possess drugs with an intent to:
- Manufacture Drugs
- Finance the Manufacturing of Drugs
- Deliver Drugs
- Finance the Delivery of Drugs
In addition to addressing drug possession, use, and distribution, Indiana’s laws specifically target illegal activities involving practitioners, such as healthcare providers, who abuse their authorized access to controlled substances.
Possession Of Controlled Substances
Possession is defined as when “a person who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses” a drug. If an individual is found to have done this, they will have committed what’s known as possession of the said drug.
Each drug schedule and most drugs have sections outlining the differences between possession and dealing. The key distinction between possession with intent to deal and simple possession is the amount of the drug they possess, their intentions, and the type of drug involved.
For instance, if the substance being dealt is a Schedule I or II narcotic, cocaine, or meth, an individual found guilty could be charged with a Level 3 felony ranging to a Level 6 felony. Marijuana, hash oil, hashish, or salvia could be charged with a Level 6 felony ranging from a Class B misdemeanor.
However, no universal weight metric applies to all drugs regarding dealing vs. possession – this weight changes depending upon the drug possessed by the accused.
Manufacturing, Dealing or Possession of Paraphernalia
Paraphernalia is defined as an “instrument, device, or other object that is intended to be used primarily for:
- Introducing into the human body a controlled substance;
- Testing the strength, effectiveness, or purity of a controlled substance; or
- Enhancing the effect of a controlled substance.”
Examples of paraphernalia include bongs, water pipes, bubblers, vapes, needles, spoons, and razor blades.
The key distinction between charges surrounding manufacturing, dealing, and possessing paraphernalia is the intent. If the person aims to sell paraphernalia, that’s most likely considered dealing, whereas if someone owns it for personal use, it will likely be considered simple possession.
What Additional Circumstances Could Affect Punishments For Drug Crimes In Indianapolis?
As previously discussed, many factors will influence what penalties a person convicted of drug crimes will receive. Those factors include:
- If an Individual Is A First-Time Offender
- Prior Drug Convictions
- Type and Amount of Drug Possessed
- Dealing Drugs to a Minor
- Committing the Offense While In Possession of a Firearm
- Committing the Offense in the Presence of A Child or Children
Additionally, location plays a huge role in what potential penalty a convicted person will experience. That includes committing the offense:
- Near a Rehabilitation Facility
- In a Correctional Facility
- On a School Bus
- Near a School
- Near a Public Park
Why Choose An Indianapolis Drug Crime Attorney From Wruble Law LLC?
Just because you have been arrested for a drug crime does not mean that you are automatically guilty. In fact, law enforcement officials involved in drug arrests often make mistakes in their investigations and arrest procedures – from improper searches and racial profiling to poor handling of evidence.
So if you or your loved one is overwhelmed or scared after being charged with a drug crime, here are some reasons to consider working with a skilled Indianapolis drug crime attorney:
- Most good drug crime attorneys have decades of experience representing clients charged with drug crimes, they have the knowledge and tools to find holes in the prosecution’s case, as well as the arrest process itself, and work to have your charges dismissed before the case is ever taken to trial.
- Experienced attorneys are able to handle even the most difficult cases, including both state and federal charges. For instance, our lead attorney Stan Wruble at Wruble Law LLC is one of the best drug crimes attorneys in Marion County.
- An attorney can work to mitigate the potential penalties you may face if you are found guilty or decide to plead guilty. They can negotiate with the prosecution for reduced charges or alternative sentencing options, such as drug rehabilitation programs, community service, or probation, depending on the circumstances of your case. Minimizing the consequences can have a significant impact on your future.
- An attorney can provide you with the support and guidance you need during this challenging time. They can explain the legal process, answer your questions, and provide you with realistic expectations. Having someone knowledgeable and experienced by your side can help alleviate anxiety and give you confidence as you navigate the legal system.
Just know there are drug crimes attorneys out there who can stand up for your rights. Most premium drug crime attorneys, like Stan Wruble, offer free case reviews to those with questions about their circumstances.
Arrested for A Drug Crime? You Need To Speak To An Indianapolis Drug Crime Lawyer
With over 25 years of experience working with those accused of drug crimes in Indiana, Stan Wruble is your ally in your fight for justice. Not afraid to take on the hard cases, he will be tireless in your fight for justice.
At Wruble Law, LLC, our Indianapolis drug crime lawyer represents clients who have been charged with the following types of drug crimes:
- Marijuana charges
- Cultivation or Manufacturing
- Trafficking or Distribution
- Prescription Drug Fraud
Even if your or your loved one’s circumstances aren’t on the above list, there’s never a bad reason to contact our team regarding your drug crime. Call us at (317)-308-8584 to speak with a team member today or request your free initial consultation online.