Indiana Drug Defense Attorneys

Drug Charges Demand a Defense Built Around the Substance, Weight, and Search.

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Custom Law represents people accused of drug possession, dealing, manufacturing, transportation, and related offenses in Noblesville, Hamilton County, and throughout Indiana.

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Drug Charges in Indiana

Indiana drug cases can begin with a traffic stop, a search warrant, a controlled purchase, an informant, surveillance, or an alleged overdose. The potential charge depends on the substance, weight, alleged intent, prior convictions, and whether prosecutors claim an enhancing circumstance such as proximity to a school, park, youth center, or family housing complex.

Custom Law defends allegations involving marijuana, methamphetamine, cocaine, narcotics, prescription medications, Schedule I through V substances, syringes, and paraphernalia. We examine who controlled the location, whether possession was actual or constructive, how the substance was tested and weighed, and whether the search complied with constitutional requirements.

Cases We Defend

  • Possession of marijuana or another controlled substance
  • Possession of cocaine, methamphetamine, or narcotics
  • Dealing, delivery, or possession with intent to deliver
  • Manufacturing methamphetamine
  • Drug trafficking and transportation
  • Paraphernalia and syringe charges
  • A common penalty for drug offenses is probation — and a single violation can mean a return to custody.

Indiana Drug Classifications and Penalties

Marijuana

Possession under Indiana Code §35-48-4-11 begins as a Class B misdemeanor. A prior drug conviction can raise it to a Class A misdemeanor, and possession of more than 30 grams with a prior may be a Level 6 felony. Dealing marijuana under IC §35-48-4-10 starts as a Class A misdemeanor. It becomes a Level 6 felony for a second or subsequent offense involving up to 30 grams, or a first offense involving 30 grams to 10 pounds. It rises to a Level 5 felony for a second or subsequent offense involving 30 grams to 10 pounds, or a first offense involving more than 10 pounds or a sale to a minor.

Methamphetamine, Cocaine, and Narcotics

Possession under §§35-48-4-6 and 35-48-4-6.1 starts at Level 6 and may increase through Levels 5, 4, or 3 based on weight and enhancing circumstances. Possession over 28 grams is a Level 3 felony. Dealing under §§35-48-4-1 and 35-48-4-1.1 begins at Level 5 and may rise to Level 2.

Possession of Schedule I or II narcotics like methamphetamine or cocaine starts at a Level 6 felony. The charge level increases with the weight involved and with enhancing circumstances — such as being on a bus, or within 500 feet of a school, park, youth center, or family housing complex — climbing through Level 5, Level 4, and up to Level 3 for amounts over 28 grams. Dealing in methamphetamine can be charged as a Level 2 felony if the manufacturing process causes an explosion that seriously injures anyone other than a manufacturer.

Sentencing Ranges

  • Class C misdemeanor: Up to 60 days and $500.
  • Class B misdemeanor: Up to 180 days and $1,000.
  • Class A misdemeanor: Up to one year and $5,000.
  • Level 6 felony: Six months to 2½ years and $10,000.
  • Level 5 felony: One to six years and $10,000.
  • Level 4 felony: Two to 12 years and $10,000.
  • Level 3 felony: Three to 16 years and $10,000.
  • Level 2 felony: 10 to 30 years and $10,000.

Paraphernalia

Possessing drug paraphernalia is prohibited under IC §35-48-4-8.3, which covers instruments, devices, or objects intended for introducing a controlled substance into the body, testing its purity, or enhancing its effects. A paraphernalia charge is typically a Class C misdemeanor, but it rises to a Class A misdemeanor if you have a prior paraphernalia-related conviction.

Building a Drug Defense

Defense strategy may focus on an unlawful stop or search, a defective warrant, lack of possession, another person’s ownership, unreliable informants, laboratory or weight issues, broken evidence handling, or insufficient proof of intent to deal.

Indiana Code §35-48-4-12 may permit conditional discharge for a qualifying first-time marijuana defendant. Judgment is deferred while court conditions are completed, and successful completion can result in dismissal. Other goals may include suppression, dismissal, charge reduction, acquittal, or the lowest available penalty.

Actual vs. Constructive Possession

Not all possession charges are the same — and the difference matters for your defense. Actual possession means the substance was physically on you, such as in a pocket or bag, with no one else able to access it. Constructive possession applies when you knew about and had access to a substance without it being on your person — a theory prosecutors often use when several people had access to the same car, home, or space. Because constructive possession relies on circumstantial evidence, whether the State can actually prove you knew about and controlled the substance is often the central question in building a defense.

Hamilton County Drug Court

For some defendants, Hamilton County's Drug Court offers an alternative to a standard drug conviction. Eligibility depends on the specifics of your case, but the program is built around treatment rather than incarceration — an option that can make a real difference for someone struggling with addiction. An experienced attorney can advocate for admission into the program in place of jail time.

Prepared for What Comes Next

What to Expect from Custom Law

Criminal defense requires more than a quick review of the charging paperwork. Our attorneys look at how the investigation started, how evidence was obtained, what the State must prove, and how the case may affect the client outside the courtroom.

Drawing on more than 20 years of legal experience, former-prosecutor insight, and extensive courtroom work, the team develops a tailored approach for negotiations, hearings, or trial while keeping clients informed from start to finish.

01

Former Prosecutor Insight

As former Indiana prosecutors, our criminal defense attorneys know the tactics that may be used against an accused person. The team has handled countless criminal cases and hundreds of successful jury trials.

02

Prepared for Court

We organize the facts, analyze the law, and prepare each matter with the possibility of hearings or trial in mind.

03

Direct Communication

Clients receive clear explanations, candid advice, and updates needed to make informed decisions throughout the case.

20+
Years of Trial Experience
10,000+
Cases Handled
1:1
Client-Focused Representation

Client Reviews

What Our Clients Say

Rated 5.0 on Google Reviews

From day one they treated my case like it mattered. They fought hard, kept me informed, and got my charges dismissed. I can't recommend this team enough.

James R.

True trial attorneys. The prosecutor clearly did not want to face them. Professional, prepared, and genuinely on my side the whole time.

Michael T.

Responsive, honest, and incredibly knowledgeable. They handled my OWI charge with skill and got me a result I didn't think was possible.

David K.