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Indiana Marijuana Law Change: Part 2

The penalties for dealing marijuana are about to change under Indiana’s new criminal code. While the Indiana legislature recently reduced the penalty for possession of marijuana, the penalties for dealing marijuana have been increased at the same time, making it more likely that you can be charged with a felony or qualify for a more serious felony than before.

Currently, dealing marijuana is a Class A misdemeanor, enhanced to a Class D felony if the recipient or intended recipient is under 18 years of age, if the amount involved is more than 30 grams but less than 10 pounds, or if the person has a prior offense involving marijuana. The offense is raised to a Class C felony if the amount involved is 10 pounds or more, or the person delivered the marijuana on a school bus or within 1000 feet of a school property, public park, family housing complex, or youth program center.

Starting July 1, 2014, the offense remains a Class A misdemeanor, but the offense becomes a Level 6 felony if the person has a prior conviction for any drug offense and the person deals less than 30 grams of marijuana, or, without a prior conviction, if the amount of marijuana involved is less than 10 pounds. The offense becomes a Level 5 felony if the person has a prior conviction for any drug offense and the person deals at least 30 grams of marijuana but less than 10 pounds or if, again, without conviction, the amount of marijuana involved is at least 10 pounds or the offense involved a sale to a minor.

Dealing marijuana in Indiana is defined as the delivery of marijuana. Delivery means a transfer from one person to another person of a drug. No money needs to exchange hands. The act of handing someone else marijuana makes you a drug dealer in Indiana. If you handed marijuana to another person, you are punishable by law.

The penalties for crimes are dramatically changing. Make sure you consult with experienced lawyers like the attorneys of Vonderheide & Knecht to understand and mitigate the possible penalties for a criminal offense.

<Click Here to read Part 1 of our series on Marijuana Law Changes in Indiana>

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