An increasing number of states have legalized, decriminalized, or do not press charges for marijuana possession. Unfortunately for some otherwise law-abiding citizens, Indiana is not one of those states. So, while our neighbors in Michigan and Illinois enjoy legalized recreational use of marijuana, and folks in Kentucky and Ohio are allowed to use medical marijuana, Indiana’s strict penalties remain intact.
Current status
Indiana is one of about half the states in the country that have not at least partially decriminalized marijuana possession. Possession of even a small amount of marijuana here is punishable with jail time or a hefty fine, which makes it one of the most draconian among the states with laws still on the books. These include:
- Any amount in possession is a Class A misdemeanor, which consists of a maximum fine of $1,000 and up to 180 days in jail.
- Those with a previous drug conviction in possession of fewer than 30 grams of marijuana face a potential $10,000 fine and one year in jail.
- Those with more than 30 grams also face a $10,000 fine, but it is a Level 6 felony with the potential for two-and-a-half years in jail.
- Those possessing hashish or concentrates face stiffer penalties with or without a previous conviction.
While cannabidiol products (CBD) with less than .3% of THC is allowed, those who use marijuana illegally for medicinal purposes are charged as any other person would be. Those in possession of marijuana paraphernalia can also be charged.
Legal help can make a difference
Anyone who faces charges should take these matters seriously. These can go on any convicted individuals criminal record, which can impact their ability to work, get student aid, and in other ways like tarnishing one’s reputation. The attorneys at Kammen & Moudy have experience defending clients against these charges, often with positive results.