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.

Give us a call!

574-522-1900

Testimonials

Read what our former clients have to say:

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.