Drug-related offenses in Indiana can carry serious legal consequences, but not all drug charges are created equal. Two of the most common charges—drug possession and drug trafficking—have very different legal definitions, penalties, and implications for your future.
At JK Sanchez Law, we help individuals across Indiana understand their charges and build strong defenses. Whether you're facing a misdemeanor possession charge or a felony trafficking allegation, knowing the differences between these offenses is the first step toward protecting your rights and future.
What Is Drug Possession in Indiana?
Drug possession involves having a controlled substance in your control, either physically or constructively (e.g., in your vehicle or home), without a valid prescription. Charges are based on the type and quantity of the substance and whether you have any prior offenses.
Common Controlled Substances
- Marijuana
- Cocaine
- Heroin
- Methamphetamine
- Prescription drugs without a valid prescription
Penalties for Drug Possession
- Simple Possession: Often a Class A misdemeanor for first-time marijuana offenses, with up to 1 year in jail and fines up to $5,000.
- Possession of a Schedule I or II substance: Typically charged as a Level 6 felony, punishable by 6 months to 2.5 years in prison.
- Aggravating factors: Prior convictions, possession near schools or parks, or larger quantities may enhance charges and penalties.
What Is Drug Trafficking in Indiana?
Drug trafficking, also referred to as “dealing” or “distribution,” involves the manufacturing, transporting, or sale of illegal drugs. In Indiana, trafficking is a much more serious offense than possession and almost always charged as a felony—even for small amounts—if the intent to distribute is established.
How Trafficking Is Determined
The state may charge you with trafficking based on evidence such as:
- Large quantities of drugs beyond what is considered for personal use
- Packaging materials (bags, scales, etc.)
- Large amounts of cash
- Text messages or communication indicating distribution
Penalties for Drug Trafficking
- Level 5 to Level 2 felonies: Depending on the drug type and quantity, penalties range from 1 year to 30 years in prison and tens of thousands in fines.
- Aggravating factors: Trafficking near schools, involving minors, or trafficking large quantities will significantly increase sentencing exposure.
Key Differences Between Possession and Trafficking
| Aspect | Drug Possession | Drug Trafficking |
|---|---|---|
| Definition | Having a controlled substance for personal use | Selling, transporting, or distributing controlled substances |
| Typical Charge | Misdemeanor or Level 6 felony | Level 5 to Level 2 felony |
| Penalties | Up to 2.5 years in prison | Up to 30 years in prison |
| Evidence | Small quantities, no paraphernalia for distribution | Large quantities, packaging, cash, communications |
Why Legal Representation Matters
Indiana prosecutors take drug offenses seriously and often push for the maximum penalties allowed by law. Whether you’ve been charged with possession or trafficking, the consequences can follow you for years—affecting employment, housing, education, and more.
At JK Sanchez Law, we meticulously examine the details of your arrest, including how evidence was gathered and whether your rights were violated. From challenging unlawful searches to negotiating reduced charges, our goal is to build the strongest possible defense for your case.
Contact Us for a Strategic Defense
Facing drug charges in Indiana is overwhelming, but you don’t have to go through it alone. Contact us today to schedule a confidential consultation. JK Sanchez Law is committed to protecting your freedom, your rights, and your future.
