The state of Indiana has more severe penalties for repeated marijuana
offenses. Because of this, first-time offenders often have lighter
sentences with lesser fines. Indiana does not allow marijuana for
medical purposes. Possessing any form of marijuana is illegal within
state lines.
Offenders will receive punishments for sale, cultivation, and
possession offenses. Since many of Indiana's jails are overcrowded,
marijuana offenders often receive lesser incarceration sentences and
are sometimes subject to early release. This is not the case for every
circumstance.
Possession
Possession offenses in Indiana are based on the amount an individual
has in his or her possession at the time of the arrest. Some states
break these categories even further into whether or not an individual
is a minor or whether or not an individual is a repeated offender.
Possessing fewer than thirty grams of marijuana is a misdemeanor
offense in Indiana.
This misdemeanor offense is penalized by a fine of five thousand
dollars and incarceration of one year, with the possibility of
discharge. Possessing more than thirty grams of marijuana can be either
a misdemeanor offense or a felony offense. On which charge an
individual is sentenced can depend on prior offenses and the
circumstances of the crime. This kind of offense can earn a fine of ten
thousand dollars and imprisonment between six months and three years.
Cultivation
Cultivation offenses, like possession offenses, are categorized by
amount. Cultivating or growing fewer than thirty grams is a misdemeanor
offense that can earn incarceration of one year and fines as high as
five thousand dollars. Cultivating between thirty grams and ten pounds
is a felony offense in Indiana. This offense can earn fines up to ten
thousand dollars and imprisonment terms between six months and three
years.
Any one cultivating more than ten pounds will be charged with a felony
offense. This felony offense is penalized through a fine of ten
thousand dollars and incarceration possibilities between two years and
eight years.
Sale
Rather than divide marijuana sale offenses into categories of amount,
Indiana has two separate categories altogether. Selling any amount of
marijuana to a minor is a felony offense. This offense is punishable by
only incarceration sentencing rather than fine sentencing. This can
include imprisonment between six months and three years.
Selling any amount of marijuana on or within one thousand feet of
school property or any other specified property is also a felony
offense. Distance felony offenses are punishable by fines of ten
thousand dollars and imprisonment sentences between two years and eight
years.
Driving
Some states do not have separate laws in regards to driving under the
influence of illegal drugs or marijuana; however Indiana is one of the
few states that does. Indiana has zero tolerance laws in these cases.
Similar to driving under the influence of alcohol, driving under the
influence of marijuana offense usually can include blood testing and
field sobriety testing.
The charges for driving under the influence of marijuana, or other
illegal drugs, range similar to alcohol-related offenses. All cases
will provide urine and blood test evidence.