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How could possession of marijuana result in criminal charges?

On Behalf of | Aug 17, 2022 | Criminal Defense

Indiana lawmakers have discussed legalizing medicinal or recreational marijuana. Cannabis and the plant’s derivatives, however, currently remain unlawful to possess in the Hoosier State. If a law enforcement officer finds you with marijuana, it could result in a criminal charge.

Under Indiana Code Title 35, possessing a small amount of marijuana for personal consumption is a Class A misdemeanor. If the court convicts you of unlawfully possessing cannabis, a sentence may include spending up to one year in jail and paying a fine of no more than $5,000.

When may marijuana possession lead to a felony charge?

A prior misdemeanor conviction of a drug-related offense may elevate a repeat offense. Even if found in possession of a small amount of marijuana, a repeat offense classifies as a Level 6 felony. A conviction may result in a fine of no more than $10,000. Incarceration may last between six months and two-and-a-half years.

If an officer finds you with more than 30 grams of marijuana, he or she may file a Level 6 felony charge. Although it may reflect a first-time offense, holding more than five grams of hashish classifies as a felony under the Hoosier State’s codes.

How may legal cannabis in a neighboring state lead to charges?

The Evansville Courier & Press reports that Hoosiers may buy and consume legal marijuana in Illinois. Indiana’s residents, however, may not bring it back to their homes. If a highway patrol officer stops you after crossing the state border, possessing cannabis may result in a criminal charge.

Marijuana-related charges in the Hoosier State may classify as a misdemeanor or felony. Charged individuals may, however, contest a prosecutor’s alleged evidence in court to avoid conviction.