Possession means knowingly having a controlled substance. Dealing means manufacturing, delivering, financing, or possessing with intent to deliver, and the State does not have to catch a sale; it relies on quantity, packaging, scales, cash, and text messages to argue intent. Indiana grades both by the schedule the substance falls in and by weight, climbing from a misdemeanor for a small amount of marijuana through several felony levels for larger amounts of cocaine, methamphetamine, heroin, and fentanyl. Weight includes any cutting agent.
Several facts raise the level of a drug charge: a prior drug conviction, dealing within a short distance of a school or public park while children are likely to be present, and committing the offense in the presence of a child. A firearm during a dealing offense is its own aggravator. Each enhancement has elements the State must prove, and each is a place the case can be attacked.
Marijuana is sold legally in Illinois and Michigan and remains illegal to possess in Indiana. Buying it in a dispensary and driving it home into Lake County or St. Joseph County is a crime here, and it is one of the most common drug charges we see. A small amount is a misdemeanor; a prior conviction or a larger amount raises it, and concentrates are charged under separate provisions. Paraphernalia, meaning anything used to consume or prepare a drug, is often added as a separate count.
When drugs are found in a car with four people in it, the officer often charges everyone. The State can argue constructive possession, meaning you knew the drugs were there and had the ability and intent to control them, but mere presence is not enough. The law requires additional circumstances pointing to you specifically: proximity, furtive movements, incriminating statements, or ownership of the car or the bag. Many car cases are won on this point alone.
Most drug cases begin with a traffic stop, and most of the defense is about what happened during it. The officer needed a lawful reason to stop the car and could not prolong the stop to wait for a drug dog without separate reasonable suspicion. Consent has to be voluntary, and a search following an unlawful detention is tainted even if you said yes. A warrant must rest on probable cause. Indiana’s own constitution adds protections that are sometimes broader than the Fourth Amendment. Evidence obtained in violation of these rules is suppressed, and without it there is usually no case.
For a first possession offense, Indiana law allows the court to withhold judgment and place the person on probation, with the charge dismissed on completion so that no conviction is entered. Lake, Porter, and St. Joseph Counties also operate problem-solving courts for people whose charges are driven by addiction, trading supervision and treatment for a dismissed or reduced charge. Where treatment is genuinely needed, starting it before the first court date is both right and persuasive.
Do not talk to police without a lawyer, do not consent to any further search, and do not discuss the case by text with anyone who was in the car. The consultation is free and calls are confidential. We will go through the stop, the search, and the charging decision and tell you plainly whether this is a case to suppress, a case to negotiate, or a case to try.
Call either office or send a message; it is free and confidential. Bring the charging information, any paperwork from the jail or the court, and the date of your first hearing. We tell you what the charge actually means, what the realistic outcomes are, and what it will cost, in writing, before you decide anything. Until you have talked to a lawyer, do not talk to the police. More about how we handle criminal cases.
A Chicago-area native who worked in telecommunications and held two jobs to support his family before law school, Jason founded the firm in 2010 on a no-nonsense, plain-spoken approach to solving clients’ problems.
Each state sets its own law, and Indiana has not legalized marijuana. Possession here is a crime regardless of where it was purchased. The charge is defensible, but the dispensary receipt is not a defense.
The State can pursue constructive possession, but it must prove you knew about the drugs and had the ability and intent to control them. Being in the car or the house is not enough, and these cases are frequently dismissed or won at trial.
It can, and a felony is far worse than a misdemeanor. That is why the first goal is to avoid a conviction through suppression, conditional discharge, or a problem-solving court, and why expungement is worth discussing for anything already on your record.
Each county’s program has its own eligibility rules, and dealing charges and some prior records can disqualify you. If you qualify, it is often the best available outcome.
The consultation is free and confidential. We will tell you what you are facing and what can be done about it.