Indiana Drug Possession Lawyers

Drug Possession Charges in Indiana

Indiana Code §35-48-4 governs many possession and paraphernalia offenses. A possession case may involve actual possession on a person or constructive possession based on alleged control over a vehicle, home, bag, or other location. Proximity alone does not answer who knew about the substance or who intended to control it.

Controlled substances are organized into Schedules I through V based on accepted medical use and potential for abuse. The source page identifies examples including heroin, LSD, marijuana, cocaine, methadone, Vicodin, steroids, Xanax, Ambien, Lyrica, and codeine products. Prescription status may be central when a substance has accepted medical use.

What May Be Charged

• Marijuana possession
• Cocaine, methamphetamine, or heroin possession
• Possession of prescription medication without authorization
• Possession of drug paraphernalia
• Possession of a syringe for illegal use
• Possession near a school, park, youth center, or family housing complex

Defenses and Conditional Discharge

We examine the legality of the stop, detention, search, and seizure; whether a warrant was supported and properly executed; whether the accused person knew the substance was present; whether someone else controlled the location; and whether testing and chain-of-custody records support the charge.

A qualifying first-time marijuana offender may be eligible for conditional discharge. The person pleads guilty, but the court defers judgment while conditions such as random testing are completed. Successful completion results in dismissal.