Except for certain products with low THC content, recreational marijuana remains illegal in Indiana.
Someone caught with any marijuana, no matter the weight, faces the possibility of a criminal conviction, up to 180 days in jail and a $1,000 fine. Indiana does allow the drug for medicinal use.
Those who possess even a small amount of marijuana and have prior convictions for drug crimes will face the possibility of 1 year in jail and a $5,000 fine. Someone who possesses more than 30 grams of the drug will face a felony if they have prior drug convictions.
As a fair warning, those accused of selling or giving away the drug or cultivating or manufacturing THC products face stiffer penalties.
For example, someone who sells marijuana weighing 30 grams or more, even one time, will face the possibility of a drug felony. Any sale of the drug to a minor, as well as sales of 10 pounds or more of marijuana, can land a person in prison for several years.
A person accused of possessing marijuana has legal options available
For an Evansville-area resident who has little experience with the criminal justice system, a conditional discharge may be available after a marijuana possession charge.
Although details may depend on a person’s circumstances, the basic idea is that a person will admit to the marijuana offense and agree to follow certain rules.
For example, the court may expect the person to take and pass random drug tests and complete classes. If the person completes these requirements, they can avoid a criminal conviction.
However, in some situations, it may be better for an accused person to defend themselves against the charges. As with any drug charge, there are a number of possible defenses to possession of marijuana.