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Dealing in Marijuana Lawyer in Indianapolis

Dealing in marijuana is illegal in Indiana, and you can be charged with at least a Class A misdemeanor if convicted, which is up to one year in jail. When facing serious marijuana offenses and charges, rely on elite criminal defense to obtain the best case result.

Gemma & Karimi Law is an outstanding Indianapolis marijuana crimes lawyer. They are aggressive, experienced criminal defense attorneys who will fiercely defend your innocence and rights. Talk to one of our marijuana possession or dealing marijuana attorneys now to get started on your defense. We offer a free legal consultation at (317) 602-5970.

Understanding Indiana Marijuana Laws

Recreational use of marijuana is illegal in Indiana, and it considers the drug a controlled substance. You can go to jail for possessing, dealing with, or distributing marijuana. Possession of any amount is classified as a criminal offense.

Generally, a first-time offense involving less than 30 grams is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000. If you have a prior drug conviction, the charge escalates to a Class A misdemeanor – up to 1 year in jail and a $5,000 fine – for less than 30 grams, or a Level 6 felony – 6 months to 2.5 years in prison and a $10,000 fine – for 30 grams or more.

Cultivation, sale, or intent to distribute carries even harsher penalties, often escalating to felony charges depending on the quantity and circumstances.

Note that Marion County, where Indianapolis is, has a prosecutorial policy, enacted in 2019 under Prosecutor Ryan Mears, to not pursue charges for possession of less than 1 ounce (about 28 grams) as a standalone offense.

However, this is not a change in law; possession remains illegal statewide, and police can still arrest you. This policy could shift with a new prosecutor or legal challenge, and it doesn’t apply to cases involving other crimes, such as driving under the influence.

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Facing criminal charges in Indianapolis?

Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!

Dealing in Marijuana Charges and Penalties

In Indiana, “dealing in marijuana” refers to the illegal sale, delivery, or intent to distribute marijuana, and the penalties are significantly harsher than those for simple possession. These charges are outlined under Indiana Code 35-48-4-10 and depend on factors like the amount involved, prior convictions, and aggravating circumstances (e.g., proximity to schools or involving minors). As of March 31, 2025, here’s how it breaks down:

Dealing Less Than 30 Grams – Class A Misdemeanor

The penalty is up to a year in county jail and a $500 fine. This is for small-time dealing without an aggravating factor, such as a prior conviction or dealing to minors.

Dealing 30 Grams to Less Than 10 Pounds – Level 6 Felony

The penalty is six months to 2.5 years in jail and a fine up to $10,000. A dealing charge is likely if you were arrested with scales, cash, and packaging.

Dealing 10 Pounds or More – Level 5 Felony

This felony crime results in one to six years in prison and up to a $10,000 fine. Large quantities of marijuana, hash oil, hashish, and hash oil hashish suggest major trafficking operations, a serious drug offense.

Effective Defense Strategies for Marijuana Cases

Defending against marijuana charges in Indiana, whether possession or dealing, requires a tailored strategy by your criminal charges lawyer. The effectiveness of a defense depends on the case’s specifics: the charge, the evidence, and the circumstances of the arrest. Potential defenses for your marijuana hash oil hashish or hash oil hashish case include:

Challenge the Stop, Search, or Seizure

The Fourth Amendment protects against unreasonable searches and seizures. If police lacked probable cause or a valid warrant, evidence (marijuana, paraphernalia, etc.) can be suppressed.

For a traffic stop, police need reasonable suspicion (e.g., speeding, broken taillight). Smell of marijuana can justify a search, but if the stop itself was baseless or the search exceeded its scope (e.g., digging through a locked trunk without consent or a warrant), the evidence might get tossed.

Question the Evidence

Prosecutors must prove the substance is marijuana and the quantity matches the charge. Mistakes in testing, chain of custody, or weight calculations can weaken their case. Labs test for THC presence, but wet marijuana (not fully dried) weighs more, potentially inflating the amount past felony thresholds. Chain-of-custody errors, like untracked evidence bags, can also cast doubt.

Argue Lack of Intent (Dealing Cases)

Dealing charges require intent to distribute, not just possession. It’s harder to convict without clear evidence. such as large amounts of cash and baggies. Indiana Code 35-48-4-10 hinges on intent. Prosecutors often infer it from quantity or paraphernalia, but that’s not always airtight.

Exploit Procedural Errors

Police and prosecutors must follow protocol. Missed Miranda rights, delayed arraignment, or sloppy paperwork can derail a case. You must be read your rights if questioned in custody. If not, statements you made could be excluded. Ditto if evidence logs are incomplete.

Frequently Asked Questions

What constitutes “Dealing in Marijuana” under Indiana law?

Dealing in marijuana is not limited to the actual sale of the drug. Under Indiana law, you can be charged with dealing if you knowingly or intentionally manufacture marijuana, deliver it to someone else, or possess it with the intent to deliver. This means simply having a large quantity, even without catching a transaction on tape, can lead to dealing charges.

What is the difference between possession and dealing charges?

Possession charges usually imply the drugs were for personal use, while dealing charges imply you intended to distribute them. Prosecutors often elevate possession to dealing based on circumstantial evidence, such as the presence of scales, individual baggies, large amounts of cash, or the total weight of the marijuana found.

What are the penalties for dealing marijuana in Indiana?

Penalties vary significantly based on the amount of marijuana involved and prior convictions. Charges can range from a Class A Misdemeanor (for small amounts with no priors) to a Level 5 Felony (carrying 1-6 years in prison) for amounts between 30 grams and 10 pounds. Dealing over 10 pounds is a Level 5 Felony, and prior offenses can enhance these charges further.

How do I hire a marijuana lawyer in Indianapolis?

To hire a marijuana lawyer, contact a criminal defense firm immediately after your arrest or upon learning of an investigation. Look for a firm like Gemma & Karimi that specializes in drug crimes and has a track record of challenging illegal searches and seizures in Marion County courts.

What rights do I have when arrested for marijuana dealing?

You have the right to remain silent and the right to an attorney. You also have the right to refuse consent to a search of your vehicle, home, or person unless the police have a warrant. Exercising these rights immediately is critical to your legal defense steps.

What is a drug crimes attorney?

A drug crimes attorney is a legal professional specializing in the defense of individuals charged with controlled substance offenses. They understand the nuances of Indiana drug statutes, constitutional search and seizure laws, and how to negotiate with prosecutors to reduce or dismiss marijuana distribution charges.

How can I defend against marijuana trafficking charges?

Defense strategies often focus on Fourth Amendment violations. If the police stopped you without reasonable suspicion or searched you without probable cause, the evidence (drugs) may be suppressed. Other defenses include proving “constructive possession” (the drugs belonged to someone else) or lack of intent to distribute.

How does the weight of the marijuana affect the charges?

The weight of the drug is the primary factor in determining the severity of the felony. For example, dealing less than 30 grams is generally a Level 6 Felony (or Class A Misdemeanor with no priors), while dealing between 30 grams and 10 pounds elevates the charge to a Level 5 Felony.

What should I expect in a marijuana distribution case?

Expect a legal process that begins with an initial hearing where bail is set. Your attorney will then enter the “discovery” phase to review police reports and evidence. This is followed by suppression hearings to challenge how evidence was gathered, plea negotiations, and potentially a trial if a favorable agreement cannot be reached.

Can I be charged with dealing if no money was exchanged?

Yes. “Delivery” in Indiana includes transferring marijuana from one person to another, regardless of whether money changed hands. Furthermore, you can be charged with dealing based solely on “possession with intent,” meaning the police believe you planned to sell it, even if no sale occurred.

Will I go to jail for a first-time dealing offense?

While jail time is a possibility for any felony conviction, it is not guaranteed. A skilled marijuana lawyer can often negotiate for alternatives such as probation, house arrest (community corrections), or conditional discharge programs, especially for first-time offenders with strong legal representation.

How do prosecutors prove “intent to deliver”?

Prosecutors rely on the “totality of the circumstances.” If they find a large quantity of marijuana that is inconsistent with personal use, along with text messages, pay-owe sheets, scales, or large sums of cash, they will argue these factors prove you intended to sell the drugs.

What if the police searched my car without a warrant?

Warrantless searches are a common point of contention in drug cases. If the police did not have probable cause or a valid exception to the warrant requirement (such as the smell of marijuana, which is increasingly contested), your attorney can file a Motion to Suppress to have the evidence thrown out.

Are dealing charges enhanced if I am near a school?

Yes. Indiana law allows for sentence enhancements if the dealing activity occurred within 500 feet of a school or public park when children were present. This can increase the felony level and the mandatory minimum sentence you face.

Why choose Gemma & Karimi for my marijuana defense?

Gemma & Karimi provide aggressive, experienced legal representation for drug crimes in Indianapolis. We understand the high stakes of marijuana distribution charges and work tirelessly to protect your freedom by challenging the prosecution’s evidence and fighting for the best possible outcome.

Get a Strong Defense with Our Indianapolis Law Office

If you’ve been charged with a marijuana-related offense, you need a highly skilled criminal defense attorney on your side. Gemma & Karimi Law will provide the tough, uncompromising defense you need to win your case. We will craft a strong defense to dismiss the case; otherwise, we will seek the best deal offered. Contact us today to schedule a free consultation and learn more about how we can help you at (317) 602-5970.

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