Being arrested for possession of marijuana in Indianapolis or any part of Indiana can have serious consequences.  There are several levels of criminal liability for possession of marijuana with varying penalties.

If you are alleged or arrested for possession of marijuana after June 30, 2014, you could be faced with the following penalties:

Possession of Marijuana as a Class B Misdemeanor

This is the lowest level of crime that you can be charged with if you are caught with marijuana.  If you are convicted, you can be sentenced from anywhere between 0 and 180 days in jail, and may be fined up to $1,000.  However you can be placed on probation from anywhere between 0 days and 2 years, with drug treatment classes, community service and other conditions.  Depending on your other criminal history there are different types of diversion agreements that can be negotiated which may result in your case being dismissed.

Possession of Marijuana as a Class A Misdemeanor 

If a person has been convicted of an offense involving any drug in the past, the offense becomes a Class A Misdemeanor, a higher level of crime.  If you are convicted of a Class A Misdemeanor, you can be sentenced from anywhere between 0 days and 365 days in jail, and may be fined up to $5,000.

Possession of Marijuana as a Level 6 Felony

A person can be charged with possessing marijuana as a Level 6 Felony: (1) If the person is caught with over 30 grams of marijuana; and (2) If the person is has been convicted of an offense involving any drug in the past.  If you are convicted of a Level 6 Felony you can be sentenced to anywhere between 6 months and 2.5 years and may be fined up to $10,000.

What happens do my driver’s license if I am caught with marijuana in my car?

One of the biggest concerns in these case is retaining your driver’s license.  If a court finds that a motor vehicle was used in connection with possessing marijuana, your license can be suspended anywhere from 6 months to 2 years.   This is actually a harsher penalty than most first time drunk driving offenses.

 

If you were charged with possession of marijuana prior to July 1, 2014, you may have received the following penalties:

Possession of Marijuana as a Class A Misdemeanor:

This is the lowest level of crime that you could be charged with if you were caught with marijuana prior to July 1, 2014.  If you were convicted, you may have been sentenced from anywhere between 0 and 365 days in jail.

Possession of Marijuana as a Level Class D Felony

Prior to July 1, 2013, there were two ways a person could be charged with possessing marijuana as a Class D Felony: (1) If the person was caught with over 30 grams of marijuana; and (2) If the person had been convicted of an offense involving any drug in the past.  If you were convicted of a D Felony you may be sentenced from anywhere between 6 months and 3 years and may be fined up to $10,000.

Free Consultation

These are the general penalties you may face.  Your particular case will most likely be determined by the strength of the evidence against you, whether the police found the marijuana due to an illegal search, and then on your background, character, and criminal history.

If you or someone you know has been arrested for possession of marijuana and you would like a free consultation about your case, call attorney Andrew Riedle at (317)377-4435.