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Getting caught with drugs, even a small amount for personal use, can turn into a criminal record that follows you to job interviews, apartment applications, and school. Drug possession covers having a controlled substance without a valid prescription, whether it’s marijuana, a pill from someone else’s prescription, or a drug like cocaine, methamphetamine, heroin, or fentanyl. In Indiana, the charge you face depends mostly on what the drug is and how much of it police say you had.
Possession of marijuana is generally a Class B misdemeanor, carrying up to 180 days in jail and a fine of up to 1,000 dollars, though it can become a Level 6 felony at 30 grams or more with a prior drug conviction. Possessing many prescription drugs without a valid prescription, like Xanax or Adderall, is generally a Class A misdemeanor, carrying up to a year in jail, and can rise to a Level 6 felony with a prior drug conviction. Cocaine, methamphetamine, and narcotic drugs, including heroin, fentanyl, oxycodone, and hydrocodone, are treated more harshly. Possession of less than 5 grams is a Level 6 felony, carrying six months to two and a half years and a fine of up to 10,000 dollars, and the charge climbs to a Level 5 felony at 5 grams, a Level 4 felony at 10 grams, and a Level 3 felony at 28 grams or more. Certain enhancing circumstances can raise the charge by a level, and prosecutors often add a separate paraphernalia charge for pipes, scales, or other items found with the drugs.
A possession charge is often more open to challenge than people assume. The case may depend on whether the traffic stop or search was legal, whether the drugs were actually yours or were simply found near you in a shared car or home, whether the lab confirmed what the substance was and how much there was, and whether you had a valid prescription for the medication involved. If any piece of that falls apart, the charge may be reduced or dismissed.
Even when the evidence holds up, a conviction isn’t the only possible outcome. Depending on your record and the charge, a first possession offense may qualify for conditional discharge, where the case is dismissed after you complete probation, or for pretrial diversion or a drug court program. Some Level 6 felonies can be entered or later converted to a Class A misdemeanor, and many possession records can be expunged down the road. If prosecutors are claiming the drugs were meant for sale rather than personal use, our Drug Dealing page explains how that charge differs and why it carries far more serious penalties.
Possession cases often turn on the details of a stop, a search, or a lab report, which is exactly where careful, trial-tested attorneys make a difference. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been charged with drug possession, what happens in the first few weeks of the case can shape whether you walk away with a conviction, a reduced charge, or a dismissal. We offer a consultation to review the charges, look at how the evidence was gathered, and explain your options. Reach out to RileyCate today to speak with a drug possession attorney.
