South Bend Drug Crimes Criminal Defense Lawyers

Illegal drug activity remains a significant issue in Indiana. Methamphetamine-related arrests have continued to rise, and marijuana possession charges remain one of the most frequently filed offenses in counties across the state. Despite national trends toward legalization, Indiana maintains strict drug laws that can result in serious, long-lasting consequences.

If you’re arrested on a drug charge, you may be facing jail time, large fines, a criminal record, and loss of employment. At Wilson & Kinsman, LLC, our South Bend drug crimes criminal defense lawyers know what’s at stake. We are dedicated advocates who work tirelessly to defend your rights and protect your future.

What Drugs Are Considered Controlled Substances in Indiana?

Indiana classifies drugs into five categories, known as “schedules,” based on their risk for abuse and accepted medical use:

• Schedule I: Substances with a high potential for abuse and no accepted medical use, such as heroin, LSD, MDMA (ecstasy), and synthetic cannabinoids.
• Schedule II: Highly addictive drugs that have some approved medical uses, including methamphetamine, cocaine, oxycodone, fentanyl, morphine, and Adderall.
• Schedule III: Drugs with a moderate risk of dependence, like ketamine, anabolic steroids, and certain pain medications such as Tylenol with codeine.
• Schedule IV: Medications with a lower risk of abuse, such as Xanax, Valium, Ativan, and Ambien.
• Schedule V: Substances with the least potential for abuse, including cough medicines with small amounts of codeine.

It is illegal to possess controlled substances without a valid prescription. Even non-controlled prescription drugs, known as legend drugs, can result in criminal charges if they’re obtained or possessed unlawfully.

Is Marijuana Legal in Indiana?

Indiana has not legalized marijuana for recreational or broad medical use. The possession of marijuana, even in small amounts, remains a criminal offense under state law:

• Possession of Any Amount: A Class B misdemeanor, punishable by up to 180 days in jail and a $1,000 fine.
• Second Offense (Under 30 Grams): A Class A misdemeanor, with penalties of up to one year in jail and up to a $5,000 fine.
• Possession of 30 Grams or More: Charged as a Level 6 felony, carrying a potential sentence of six months to two and a half years in prison and fines up to $10,000.

Although several attempts to legalize marijuana in Indiana have been introduced, none have passed. The only legal cannabis-related products in the state are cannabidiol (CBD) products with less than 0.3% THC.

What Types of Drug Charges Can You Face?

The exact charge depends on the type and quantity of the substance, whether there was intent to sell or distribute, and where or how the drug activity took place. Common charges may include:

• Possession of a Controlled Substance: Simply having an illegal drug or a prescription drug not issued to you can result in criminal charges.
• Possession With Intent to Distribute: If law enforcement finds individually packaged drugs, scales, or large amounts of cash, they may infer intent to sell, even if no transaction occurred.
• Dealing or Delivery of a Controlled Substance: Selling or giving drugs to another person results in more serious felony charges. Penalties increase if minors are involved or if the activity occurs near a school or park.
• Manufacturing or Cultivating Drugs: Producing methamphetamine or cultivating marijuana plants can result in felony charges with lengthy prison terms.
• Possession of Drug Paraphernalia: Pipes, syringes, grinders, baggies, and similar items can lead to charges, even without traces of drugs.
• Prescription Fraud and Legend Drug Violations: Using forged prescriptions or obtaining drugs through deception, including visiting multiple doctors, can result in separate felony charges.
• Aiding, Abetting, or Conspiracy: Helping someone else commit a drug crime—even without physically possessing the drugs—can lead to criminal liability.
• Maintaining a Common Nuisance: Permitting your home, car, or other property to be used for drug use, dealing, or manufacturing can result in additional charges.

Depending on the circumstances, you could face multiple charges from a single arrest.

What Are the Penalties for Drug Crimes in Indiana?

Penalties vary based on several factors, including the drug type, amount, your criminal record, and whether the offense involved aggravating factors, such as weapons or proximity to children. Some general guidelines include:

• Possession of a Controlled Substance: Misdemeanors carry up to one year in jail and fines up to $5,000; felonies carry prison sentences from six months to over 12 years, depending on the schedule and amount.
• Possession of Marijuana:
• Class B misdemeanor (first offense under 30 grams): Up to 180 days in jail.
• Class A misdemeanor (second offense or aggravating factors): Up to one year in jail.
• Level 6 felony (30 grams or more): Six months to 2.5 years in prison and up to a $10,000 fine.
• Dealing, Trafficking, or Manufacturing Drugs: Felonies range from Level 6 up to Level 2, with sentences from six months to 30 years.
• Enhanced Penalties: Apply if the offense occurs within 500 feet of a school, park, or youth center, or if a firearm is involved, regardless of use. Prior convictions also increase penalties.

Indiana prosecutors often pursue the harshest charges allowed by law, so skilled legal defense is critical.

What Should I Do If I’m Arrested for a Drug Crime?

If you’re arrested, your actions in the moments that follow can impact your case significantly. Follow these tips:

• Remain Calm and Respectful: Do not resist or argue with officers.
• Invoke Your Right to Remain Silent: Do not answer questions about drugs without a lawyer present. Request a lawyer immediately.
• Do Not Consent to Searches: Unless law enforcement has a valid warrant.
• Avoid Discussing Your Case: This includes texts, emails, and social media posts.
• Document What Happened: Record who was present, what was said, and how officers acted.
• Preserve Evidence: Keep receipts, prescription bottles, and any related paperwork.
• Remember, being charged is not the same as being convicted. A strong defense can challenge evidence, reduce charges, or even get your case dismissed.

Call Our South Bend Drug Crimes Defense Lawyers at Wilson & Kinsman, LLC Today

A drug conviction can affect your life for years, impacting your reputation, job prospects, and freedom. If you face drug charges, contact our South Bend drug crimes defense lawyers at Wilson & Kinsman, LLC for aggressive, experienced legal defense. Call 574-522-1900, book online now, or submit a form for your free consultation. Located in Elkhart and South Bend, Indiana, we serve clients in Marshall, Lagrange, Kosciusko, Laporte, Porter, Lake, Noble, Whitley, Elkhart, and St. Joseph.