Is Marijuana Possession with Intent a Crime in Indiana?
Under the Indiana Code, there is no specific offense that is called “possession with intent” or “possession with intent to distribute,” but there are other laws that prohibit such a substantial amount of a drug or controlled substance that a person can face charges for unlawful delivery, manufacture, or distribution. While these offenses are in place for a wide range of controlled substances that are identified from Schedule I through Schedule V, it is essential to know that you can face related charges for the possession of a significant amount of marijuana or its derivatives. Our Indiana drug crime defense lawyers can tell you more, and we are here to help you with your defense if you are facing marijuana-related charges.
Even Possessing a Small Amount of Marijuana Violates Indiana Law
While many other states have made the possession of marijuana lawful in smaller amounts for individual, recreational purposes, Indiana is not yet one of those states. Accordingly, even the possession of a small amount of marijuana, hash oil, hashish, or salvia under IC 35-48-4-11 can be charged from a Class A misdemeanor up to a Level 6 felony, depending on the amount in possession and other aggravating factors.
Indiana lawmakers recently introduced a bill to make recreational marijuana legal in the state, which would mean that possession of a small amount of marijuana would no longer result in criminal charges. However, House Bill 1360 was only recently introduced in January 2025, so it will take time before the law could take effect — and that is only if it is passed. To be clear, even if this law were to pass, charges for “dealing,” which we will explain below, would still be possible — even with the passage of a recreational marijuana law, it would remain unlawful to possess a significant weight of marijuana and related drugs.
Marijuana Possession “With Intent”
As we explained above, there is no specific offense for possession of marijuana or any controlled substance “with intent” to distribute, but there are offenses for possession of marijuana related to dealing.
Under IC 35-48-4-10, a person can be convicted of “dealing in marijuana, hash oil, hashish, or salvia” if that person “possesses, with intent to” to do one of the following with marijuana, hash oil, hashish, or salvia:
- Manufacture;
- Finance the manufacture of;
- Deliver; or
- Finance the delivery of.
To be convicted under this section of the Indiana Code as a first-time offender, a person must be in possession of one of the following:
- At least 10 pounds of marijuana; or
- 300 grams of hash oil, hashish, or salvia.
A person can face more serious penalties for possessing a smaller amount but with a prior drug offense conviction.
Contact an Indianapolis Drug Crimes Defense Lawyer Today
If you are facing serious drug charges for marijuana possession, including charges related to dealing in marijuana or related substances, it is critical to seek legal assistance with your defense as soon as possible. As we noted above, depending on the particular facts of the case, you could be facing up to a Level 5 felony offense, which could result in a significant term of imprisonment in the event of a conviction. One of the experienced Indianapolis drug crime defense lawyers at Rigney Law LLC can assess the facts of your case and help you to develop a strong defense that is tailored to the details of your arrest. Contact us today for assistance with your defense.
Sources:
law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-11/
law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-10/
iga.in.gov/legislative/2025/bills/house/1630/details
