Marijuana-related crimes are some of the most common drug crimes in the country, and the Indianapolis, IN area, is no exception, making marijuana related offenses a frequent issue under Indiana drug laws. Marijuana crimes are charged differently from other drug crimes for this reason and many involve the possession of marijuana for personal use. Additionally, Indiana has a very low tolerance for any kind of marijuana offense, levying serious penalties for even small convictions involving an illegal substance that remains illegal in Indiana.
So if you or a loved one have been criminally accused and are facing a marijuana-related crime, do not hesitate to contact a skilled Indianapolis marijuana attorney like Stan Wruble immediately to secure the right legal defense.
Why Choose The Experts From Wruble Law LLC?
Quality legal representation from Wruble Law LLC may be able to assist you with fighting back against marijuana conviction risks. Our Indianapolis drug crime lawyers have helped numerous clients with their marijuana crime charges, including simple possession, drug paraphernalia, and other marijuana related offenses, and have developed a tested and proven method of litigation that we can put to work on your behalf.
Don’t wait to obtain assistance for your marijuana-related case. Our Indiana marijuana defense lawyer makes getting started simple – just call the Wruble Law LLC team at (317)-308-8584.
The Legal Landscape of Marijuana And Cannabis In The United States
Are you confused about the legality of marijuana in Indiana and current marijuana laws? We understand. The legal landscape of this drug has been shifting ever since the 1937 passage of the Marijuana Tax Act. It wasn’t until 1970, that the federal government officially codified that the possession, manufacturing, importation, distribution, and use of marijuana was illegal by passing Controlled Substances Act, classifying marijuana as a schedule I drug.
However, in the over 50 years since the passage of this legislation, there have been efforts at the state level to allow certain populations of residents the ability to smoke or ingest marijuana products. In 1996, California was the first state to legalize cannabis for medical uses. In 2012, Colorado and Washington were the first states to legalize recreational usage.
States across the country continued to pass medical or recreational marijuana programs and have done so at a much more expedient rate thanks to the Obama Administration’s Department of Justice ruling that it would not challenge state laws that legalized the drug.
So while the federal government has appeared to leave this de facto approach to the states, marijuana is still a Level I controlled substance (meaning the use of the plant had a high potential for abuse with no acceptable medical usage). The outcome of this conflicting approach to marijuana and cannabis regulation is that some states, like Indiana, still consider marijuana illegal to use or possess.
Marijuana Violations & Penalties In Indianapolis
Marijuana charges and marijuana possession cases can be levied in a wide variety of ways, and you should always take them seriously, as you would with any other type of drug crime. As detailed below, the basic crimes remain the same as other controlled substances but have different penalties, depending on the amount of marijuana use or possesion, intent, and whether there was a prior conviction, or prior drug offense. Marijuana crimes in Indiana include:
- Possession: Possession of any amount under 30g is a class B misdemeanor, but can become a felony with subsequent offenses if you are a repeat offender and are found with 30g or more. A misdemeanor charge is a misdemeanor punishable by a jail sentence and a possible fine, while felony possession can result in an advisory sentence, a maximum fine, a minimum of six months in jail and a fine of up to $10,000, depending on the circumstances.
- Sale and/or Cultivation: Selling or growing less than 30 grams of marijuana is a misdemeanor. Anything over 30 grams or any sale to a minor is a felony that also carries minimum jail time and a fine of up to $10,000 and can result in a conviction for a drug offense.
- Paraphernalia: Possession, sale, or creation of marijuana paraphernalia, including blunt papers, water pipes, and more, is an infraction, but a repeat offense escalates automatically to a class C misdemeanor or felony with a minimum jail sentence of six months and a fine of up to $10,000.
- Hash and concentrates: Marijuana concentrates such as hash oil or hashish are a felony charge in all cases, except when you manufacture less than five grams worth of them, at which point it is a misdemeanor. In all felony cases, you could be facing severe penalties with significant jail time between one and six years, or more, and a fine of up to $10,000.
How Law Enforcement Can Get It Wrong About Marijuana Violations
While there are many exemplary law enforcement officers out there, there can be bad actors who try to manipulate the system to bring marijuana charges against you or a loved one without proper probable cause or a prior drug conviction.
That’s why it’s important to understand that specific circumstances could drastically change the outcomes of your case, especially for first time offenders or those facing a first offense charge.
Here are some examples:
- Police intimidate or trick the accused into allowing them to search a home or owned property in which marijuana was found.
- Police use a search warrant for large stolen materials as an excuse to search drawers, crawl spaces, closets, and other areas in which it would be impossible to hide said stolen item. During this process, they find marijuana.
- An individual is confiscating marijuana from another as a designated driver or bouncer. Police assert the marijuana belongs to the individual who confiscated it.
- There is ambiguity over who owns the marijuana, as it is in property owned/rented by one person, but accessed by many people.
Part of crafting an expert defense for a marijuana violation is understanding the circumstances and context that lead to the charges and identifying potential defenses that may help you gain a fresh start instead of being convicted.
At Wruble Law LLC, our Indianapolis criminal defense lawyer makes it a point to take a deep dive into your case to offer you a premium consultation in our case review process. You or your loved one have nothing to lose and everything to gain from contacting us about the specifics regarding your case.
Get In Touch With An Indianapolis Marijuana Attorney Today
We always recommend those who experience these types of criminal charges or their family members contact an experienced criminal defense attorney like Stan Wruble.
Don’t wait to secure a strong defense and exceptional representation for your case; contact the Wruble Law LLC team for your free marijuana violations case review by booking online today or by calling (317)-308-8584.