What is Possession of a Controlled Substance in Indiana?

Drug possession charges are serious criminal offenses. A conviction for possession of a controlled substance in Indiana can result in a lengthy prison sentence, hefty fines, and lasting consequences for your career and reputation. For more on the legal issues discussed here, see our drug crime defense overview and Can You Get in Trouble for Your Roommate's Drugs? guide.

If you have been accused of possession of a controlled substance in Indianapolis, contact Mo AlMahareeq Law today at (347) 889-4944 for immediate legal assistance.

What are Controlled Substances?

Indiana classifies controlled substances into schedules. A controlled substance is a drug the government has classified as having potential for abuse.

The Indiana General Assembly organizes controlled substances into the following categories:

- Schedule I – Drugs with a very high potential for abuse and no accepted medical use, such as LSD, peyote, heroin, and ecstasy. Marijuana is also included in this schedule. - Schedule II – Drugs with a high potential for abuse that have accepted medical uses in restricted situations. Schedule II drugs include Ritalin, methadone, Vicodin, OxyContin, cocaine, and Demerol. - Schedule III – Drugs with a lower potential for abuse and accepted medical uses, including testosterone, anabolic steroids, and Tylenol with codeine. - Schedule IV – Drugs with a low potential for abuse that are still considered controlled substances, such as Valium, Xanax, Ambien, and Darvon. - Schedule V – Drugs with the lowest potential for abuse that are routinely prescribed for medical conditions, including Lomotil, Lyrica, and cough syrups containing less than 200 milligrams of codeine.

As this list shows, controlled substances range from street drugs to medications doctors prescribe every day. To possess a pharmaceutical drug legally, you must have a valid prescription, and the drug must be dispensed by a pharmacy licensed to provide controlled substances.

What is the Difference Between Possession and Possession with Intent to Distribute?

A simple possession charge is associated with personal use — the state is not accusing you of trying to sell or distribute drugs to others.

Under Indiana Code § 35-48-4-7, you commit possession of a controlled substance, a Class A misdemeanor, if:

- You knowingly or intentionally possess a Schedule I, II, III, or IV substance (other than hashish, marijuana, synthetic cannabinoids, or salvia); AND - You do not have a valid prescription or an order from a practitioner.

The statute also makes it a crime to possess more than four ounces of a Schedule V substance containing codeine within any 48-hour period. The only exceptions are having a valid prescription or signing the exempt narcotic register maintained by an Indiana-licensed pharmacy. Anyone who obtains or possesses this type of medication should be careful to follow these requirements to avoid a possession charge.

While simple possession generally carries lighter penalties than other drug crimes, it is still a serious offense that should not be taken lightly.

Possession with intent to distribute is a different matter. This charge means the state suspects you intended to sell, deliver, or otherwise distribute a controlled substance.

Prosecutors typically pursue an intent-to-distribute charge when the quantity of drugs is large enough to suggest it was not for personal use. Other evidence that may support this charge includes drugs divided into individual bags or containers, the presence of scales or other measuring equipment, and large amounts of cash.

Actual Possession of Drugs vs Constructive Possession of Drugs

There are two ways prosecutors can charge someone with possession of a controlled substance: actual possession and constructive possession.

Actual possession means the drugs were found on your person — in your pocket, wallet, or otherwise under your direct physical control. In other words, you were physically holding or carrying the drugs at the time of the arrest.

Constructive possession means the drugs were not on your person, but you knew about them and had both the intent and the ability to control them. For example, drugs found in your vehicle's glove compartment or trunk could support a constructive possession charge, and the same is true for drugs found in your home.

The key takeaway is that you do not need to have drugs physically on you to face possession charges. Prosecutors only need to show you knew the drugs were there and had the capability and intent to exercise control over them.

Penalties for Drug Possession

In Indiana, possession of a controlled substance can be charged as either a misdemeanor or a felony. Several factors determine the severity of the charge:

- The type of controlled substance involved - The quantity in your possession - The location of the alleged offense (certain locations, such as school zones, can enhance the charge) - Whether you possessed a handgun or other weapon at the time - Your prior criminal history

Controlled substances are classified into schedules, with Schedule I drugs carrying the harshest penalties and Schedule V drugs the least severe. Possession of a Schedule I or II drug can be charged as a Level 6 felony, and aggravating circumstances can elevate the charge to a more serious felony. Possession of a Schedule III, IV, or V drug is typically a misdemeanor, though certain circumstances can raise it to a felony as well.

Marijuana possession follows its own rules. Possessing 30 grams or less with no prior drug convictions is a Class B misdemeanor. A previous drug conviction elevates the charge to a Class A misdemeanor, and possessing more than 30 grams is a Level 6 felony.

The consequences of a conviction extend beyond prison time and fines. You could lose your driver's license temporarily or permanently, and a criminal record can make it harder to find a job or rent a home. If you hold a professional license, a conviction could result in its suspension or revocation.

Contact Mo Today

Charges for possession of a controlled substance can be confusing. The level of the crime varies depending on many factors. You could be charged with a crime you did not commit.

Contact an Indianapolis drug possession lawyer for a free consultation (347) 889-4944. Let Mo help you protect your freedom and your future by aggressively fighting drug possession charges in Indiana.