Possession of a controlled substance is often a violation of both federal law and state law and can be either a felony or misdemeanor charge. If a person knowingly or intentionally possesses drugs, they are at risk of prosecution and can face fines, jail time, or even a lengthy prison sentence.
In this article, we’ll help guide you through the Indiana laws and penalties regarding possession of a controlled substance and what that means for you as a person charged with felony or misdemeanor drug possession.
What Is a Controlled Substance?
In the realm of drug laws, a controlled substance refers to any drug or chemical regulated by the government due to its potential for abuse or addiction. These substances are categorized into schedules and penalty groups based on their medical use and potential for dependency.
Understanding what constitutes a controlled substance is crucial for navigating legal challenges related to drug possession. Controlled substances include a wide range of drugs, from illegal narcotics like heroin and cocaine to prescription medications such as anabolic steroids and certain painkillers. A person can even be charged with constructive possession if they are found with drug paraphernalia.
The federal government of the United States of America has laws in place for possessing a controlled substance, but individual states also have their own laws for drug crimes. This means you must be aware of both types of laws to understand what your penalty will be if you are found guilty in court.
Drugs are classified by the United States Department which manages substance possession, the Food and Drug Administration (FDA). Under the Federal Food, Drug, and Cosmetic Act (FD&C) and the Controlled Substances Act (CSA), drugs fall into five schedules, with the first penalty group of drugs being the most restricted due to their high potential for abuse and no accepted medical use.
Understanding Possession of a Controlled Substance
To begin, we first need to understand what possession of a controlled substance means, including what it means to possess illicit drugs and what are considered controlled substances.
What Does Possession Mean?
Legally, possession of a controlled substance means having control over the drug, either directly or indirectly.
There are two types of possession: actual and constructive.
Actual possession occurs when the controlled substance is physically on your person, such as in your pocket or hand. This type of drug possession charge is the most common type of drug-involved crime, and based on the severity of the violation, can lead to different penalty outcomes.
Constructive possession, on the other hand, means you have access to and control over the place where the drugs are found, like in your home or car, even if they are not directly on you. While not as common as active possession, a person convicted of constructive possession of a controlled substance still faces jail time and prosecution through the court.
For example, if drugs are found in your backpack, and you are aware of them, you are considered to be in actual possession. If drugs are found in your car’s glove compartment, and you have the keys and control over the car, you are in constructive possession. In either case, you can be charged with possession of a controlled substance.
Types of Controlled Substances
Now let’s explore what a controlled substance is and how they are classified into penalty groups. These groups are set by the United States Food and Drug Administration, or FDA, and any Indiana house bill regarding the offense of drug possession.
Controlled substances are divided into five schedules under the Controlled Substances Act:
Schedule I: These drugs have a high potential for abuse and no accepted medical use in the United States. Examples include heroin, LSD, marijuana, and ecstasy.
Schedule II: Drugs in this category have a high potential for abuse but also have accepted medical uses with severe restrictions. Examples include cocaine, methamphetamine, and prescription opioids like oxycodone.
Schedule III: These substances have a moderate to low potential for physical and psychological dependence. Examples include anabolic steroid substances, ketamine, and some barbiturates.
Schedule IV: Drugs with a lower potential for abuse relative to the previous penalty group. Examples include Xanax, Valium, and other benzodiazepines.
Schedule V: These substances have the lowest potential for abuse and contain limited quantities of certain narcotics. Examples include cough preparations with less than 200 milligrams of codeine per 100 milliliters.
Penalties for Possession of a Controlled Substance
The penalties for possession of a controlled substance in Indiana can be severe and vary depending on several factors, including the type and amount of the drug, the defendant’s prior convictions, and whether the possession was for personal use or distribution.
Here are a few of the factors that play into the drug possession penalty a defendant might face:
- Misdemeanor vs. felony charges: Simple possession of small amounts of less dangerous drugs may result in misdemeanor charges, while possession of larger quantities or more dangerous drugs can lead to felony charges and more serious prison time.
- Factors influencing severity: The amount of the drug involved, its classification, and prior drug possession charges can influence the severity of the penalties. For instance, possessing a small amount of marijuana might be treated as a misdemeanor, whereas possessing even a small amount of heroin or cocaine could be charged as a felony, depending on if the defendant has been found guilty of a possession crime before.
- Specific penalties in Indiana: In Indiana, possession of Schedule I and II drugs can lead to severe consequences, including lengthy prison sentences and substantial fines. Possession of less dangerous controlled substances, like certain prescription drugs without a valid prescription, might result in lighter sentences but can still have serious repercussions for a defendant.
Legal Consequences
Any type of controlled substance or drug-involved offense can result in serious penalties for a defendant.
Those penalties can include but are not limited to:
- Fines and imprisonment: Penalties for possession of a controlled substance often include significant fines and jail or prison sentences. A person convicted of possession might face anything from a few days in county jail for a misdemeanor to several years in prison for a felony.
- Impact on criminal record: A conviction for drug possession can have a lasting impact on your criminal record, affecting your ability to find employment, secure housing, and access educational opportunities. A prison sentence or felony charge in particular can make it difficult to move forward.
- Long-term effects: Beyond immediate legal penalties, a drug possession charge can lead to long-term social and economic consequences. The stigma of a felony drug conviction or a lengthy prison stay can affect personal relationships and overall quality of life.
Defenses Against Possession Charges
There are several defenses that a skilled criminal defense attorney can employ to fight possession charges. Understanding these defenses can be crucial in mounting an effective legal strategy to avoid prison time or a felony charge.
Unlawful search and seizure: If the drugs were discovered during an illegal search, your attorney could argue that your Fourth Amendment rights were violated, leading to the exclusion of the evidence.
Lack of possession or knowledge: You may be able to argue that you did not knowingly possess the drugs, or that they belonged to someone else.
Entrapment: If law enforcement officers induced you to commit a crime that you otherwise would not have committed, this could serve as a defense.
Medical necessity: For certain prescribed medications, if you can prove that you had a valid prescription issued by a doctor, this can be a viable defense.
The Legal Process for Drug Possession Cases
Any drug-involved case or controlled substance case has several steps that must be followed to protect the rights of the defendant and ensure the law is followed.
Steps in a Drug Possession Case
Understanding the legal process can help demystify what happens after an arrest for possession of a controlled substance.
Arrest and booking: The process begins with your arrest and booking into jail. At this stage, you are formally charged with possession, and the exact penalty group that you are being charged under will be given to you.
Arraignment and plea options: You will appear before a judge to hear the charges against you and enter a plea (guilty, not guilty, or no contest).
Pre-trial motions and hearings: Your attorney may file motions to suppress evidence or dismiss charges entirely. Pre-trial hearings are held to address these motions and other legal matters.
Trial process: If the case goes to trial, both sides will present evidence and arguments. A judge or jury will then determine your guilt or innocence and, if guilty, formally convict you of a crime.
Sentencing and appeals: If convicted, you will be sentenced. Depending on the circumstances, you may be able to appeal the conviction or sentence.
Role of Legal Representation
Legal representation is highly recommended for a defendant facing a felony or misdemeanor drug offense that can lead to prison or other lengthy sentences.
- Importance of hiring a skilled criminal defense attorney: The right attorney can make a significant difference in the outcome of your case, including helping you avoid prison time or a felony charge. They will help you navigate the complexities of the legal system and build a strong defense.
- How a lawyer can help: An experienced lawyer will challenge the prosecution’s evidence, negotiate plea deals, and represent you in court. For example, a felony charge with an attached prison sentence might be negotiated down to a misdemeanor with a fine.
- Finding the right attorney: Look for an attorney with a proven track record of defending clients against drug charges. The partnership with your attorney is critical for achieving the best possible outcome and avoiding felony charges and prison time.
Alternative Sentencing and Rehabilitation
Indiana offers various alternative sentencing options that focus on rehabilitation rather than felony punishment.
- Drug Diversion Programs: These programs provide an opportunity to avoid a criminal conviction by completing a treatment program.
- Probation and Community Service: Instead of prison or jail time, you may be sentenced to probation, which includes regular check-ins with a probation officer, or community service.
- Substance Abuse Treatment and Counseling: Participation in treatment programs can address underlying addiction issues and reduce the likelihood of reoffending.
Benefits of Rehabilitation Programs
A felony is a serious charge to overcome, so following a rehabilitation program can help many people avoid life-changing consequences and instead push toward improving their lives.
- Reducing recidivism: Rehabilitation programs aim to address the root causes of drug abuse, helping to reduce the chances of future offenses and felony charges.
- Addressing underlying addiction issues: Treatment programs offer medical and psychological support to help individuals overcome addiction.
- Successful reintegration into society: Completing a rehabilitation program can help individuals rebuild their lives and reintegrate into society, improving their overall quality of life.
Possession of Controlled Substance and Its Impact on Life
The repercussions of a possession charge extend beyond legal penalties. There are also personal and social consequences that a person guilty of an offense must face, except as otherwise stated where a rehabilitation program can be used for diversion instead of a serious felony charge.
- Stigma and social impact: A drug conviction or a felony charge can lead to social stigma, affecting personal and professional relationships.
- Effects on family and relationships: The stress and consequences of a felony conviction can strain family dynamics and relationships.
- Psychological impact: Dealing with the aftermath of a conviction can lead to psychological challenges, including anxiety and depression.
Strategies for Moving Forward
A drug possession charge can be life changing. However, there are ways to overcome these circumstances and move forward to a better lifestyle.
- Seeking support and counseling: Professional counseling and support groups can provide necessary emotional support.
- Expungement of criminal record: Under certain conditions, you may be eligible to have your record expunged, removing the conviction from your public record.
- Building a positive future: Focus on rehabilitation, education, and employment opportunities to rebuild your life after a conviction.
Contact Zentz & Roberts for Your Drug Crimes
Understanding the laws and penalties related to the possession of a controlled substance is crucial for anyone facing drug possession charges. The consequences can be severe, but there are defenses and alternative sentencing options available.
If you are facing drug possession charges, it is vital to seek legal advice immediately. The right legal team can make all the difference in your case. Zentz & Roberts is committed to fighting for your rights with fierce determination and unwavering commitment. We believe in empowerment through action and will work tirelessly to achieve the best possible outcome for you.
Contact us today at 317-220-6056.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***