Reform efforts to decriminalize marijuana possession nationwide are ongoing, and so far 19 states and Washington, D.C., have decriminalized possession of marijuana in small amounts. Indiana, however, is not one of those states.

Here you face the possibility of jail time, a heavy fine and driver’s license suspension if you’re convicted of marijuana possession. The smart thing to do in these circumstances is to contact a criminal defense attorney as soon as possible and explore your defense options.

If it’s your first time being prosecuted for a marijuana offense, then your options may include conditional release or alternative sentencing, which usually means you can choose probation instead of going to trial. Once probation is completed, the charge does not show up on your criminal record.

In Indiana, being charged with possession of marijuana for the first time means that you’re facing a Class B misdemeanor punishable by up to 180 days in jail and a maximum fine of $1,000. If you have a prior drug conviction and you’re charged with possession of less than 30 grams of marijuana, then you’re facing a Class A misdemeanor punishable by up to a year in jail and a maximum fine of $5,000.

The offense becomes a felony if you’re charged with possession of more than 30 grams and you have a prior drug conviction. In that case, you face the possibility of six months to 2.5 years in jail and a fine of up to $10,000.

At Sweeney Hayes LLC, we fight to protect the rights and freedom of people who are accused of marijuana offenses. Often the evidence in these cases is not as straightforward as the prosecution would have you believe, and we explore every available option to have the evidence suppressed. We also investigate each drug case to determine whether our client’s constitutional rights were violated in any way.

To learn more, please see our Drug Crime overview.