You just got arrested in Indianapolis. The officer mentioned something about drug charges, but you are uncertain whether it’s for possession or trafficking. Understanding the distinction is critical because under Indiana law, one charge could result in months of incarceration, while the other could lead to decades behind bars.
What is drug possession?
Drug possession means you had illegal drugs for your own use. Perhaps police discovered less than 5 grams of cocaine in your pocket or unprescribed pills in your vehicle. Indiana law categorizes this as a personal amount, meaning you are not being accused of selling or distributing these substances. The charge centers solely on the fact that you possessed them.
Possession charges start as misdemeanors for marijuana, which can result in up to 180 days of incarceration and fines reaching $1,000. For cocaine, heroin or meth, any amount, even less than 5 grams, triggers a Level 6 felony. This carries a sentence of about six months to two and a half years in prison. The penalties escalate based on the amount you possessed and whether you have any prior drug-related convictions on your record.
What is drug trafficking?
Drug trafficking in Indiana is legally referred to as “dealing.” This charge means prosecutors believe you intended to sell, distribute or manufacture drugs. Dealing falls under a felony offense. The penalties are severe and you could face anywhere from one year to 30 years in prison, depending on the drug type and amount.
You don’t have to actually sell anything to face dealing charges. Simply having drugs with the intent to distribute is enough. Indiana law has two ways to establish intent to distribute:
First, through quantity alone. Under Indiana Code, possessing 28 grams or more of cocaine, heroin or meth constitutes automatic dealing charges. No other evidence needed. The law assumes that the amount is for distribution.
Second, through circumstantial evidence, even when you possess less than 28 grams. Scales, plastic baggies, large amounts of cash or text messages about sales all support a dealing charge. Law enforcement can discover these items and build their case around your intent to distribute.
Understanding your charges matters
The line between possession and trafficking is not always clear, but the consequences are drastically different. The stakes are high, and understanding Indiana’s drug laws is the first step in protecting yourself.