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Possession of Marijuana and Dealing in Marijuana – Indiana Criminal Defense – Warsaw, IN and Wabash, IN

Thursday, October 1, 2020

Indiana remains one of about 26 states that has not at least partially decriminalized simple marijuana possession.

There are several different types of marijuana charges you can receive, a few are; Possession of Marijuana, Dealing in Marijuana or Maintaining a Common Nuisance.

What charges could you be facing for Possession of Marijuana?

  • Class B Misdemeanor: fine of not more than $1000 and imprisonment of not more than 180 days. Ind. Code § 35-50-3-3(2018);
  • Class A Misdemeanor: fine of not more than $5000 and imprisonment for not more than one 1 year. Ind. Code § 35-50-3-2(2018);
  • Level 6 Felony: fine of not more than $10,000 and imprisonment for between 6 months and 2 and 1/2 years, with an advisory sentence of one year. Ind. Code § 35-50-2-7(2018).

What charges could you be facing for Dealing in Marijuana?

  • The distribution of marijuana, or possession with the intent to sell, is a Class A           misdemeanor. With a prior drug offense conviction, this could jump to a Level 6 felony     which carries up to 2½ years in prison and a significant fine of up to $10,000.
  • With a prior drug offense, an amount between 30 grams and 10 pounds can become   a Level 5 felony with a jail sentence between one and six years, and/or a fine of up to $10,000.
  • For amounts of 10 pounds or more, it is automatically a Level 5 felony which carries a            potential $10,000 fine, and a possible prison sentence between one and six years.

What charges could you be facing for Maintaining a Common Nuisance?

Maintaining a Common Nuisance is a Level 6 Felony. A Common Nuisance is defined by statute as: a building, structure, vehicle or other place that is used “to unlawfully use, manufacture, keep, offer for sale, sell, and deliver of finance the delivery of a controlled substance.”

Have you been charged with any of the above marijuana charges in Kosciusko or in the surrounding area? If so, our criminal defense attorneys at Vanderpool Law Firm, PC can provide the tough legal representation you need. We have assisted several clients in Kosciusko, Wabash and several other counties. Give us a call or use our contact us form for a consultation today!