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
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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.