Indianapolis Criminal Defense Attorney: Dealing in Marijuana
When you are accused of dealing in marijuana, you need an experienced criminal defense attorney on your side. You probably have many questions about the charges, your potential defenses, the criminal process and what to expect. Chambers Law Office is here to help.
Dealing in Marijuana
IC 35-48-4-10 lays out the law for dealing in marijuana, hash oil, hashish, or salvia. The code states that a person who knowingly or intentionally manufactures, finances the manufacture of, delivers or finances the delivery of marijuana, hash oil, hashish, or salvia, pure or adulterated, or a person who possesses, with intent to manufacture, finance the manufacture of, deliver, finance the delivery of marijuana, hash oil, hashish, or salvia, pure or adulterated commits dealing in marijuana, hash oil, hashish, or salvia, a Class A misdemeanor.
However, except in some circumstances, a person may only be convicted of dealing in marijuana through possession if there is evidence, in addition to the weight of the drug, that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug, or the amount of the drug involved is at least ten (10) pounds, if the drug is marijuana or three hundred (300) grams, if the drug is hash oil, hashish, or salvia.
Dealing in Marijuana is raised to a Level 6 felony if the person has a prior conviction for a drug offense and the amount of the drug involved is less than thirty (30) grams of marijuana or less than five (5) grams of hash oil, hashish, or salvia, or the amount of the drug involved is at least thirty (30) grams but less than ten (10) pounds of marijuana or at least five (5) grams but less than three hundred (300) grams of hash oil, hashish, or salvia.
The offense is a Level 5 felony if the person has a prior conviction for a drug dealing offense and the amount of the drug involved is at least thirty (30) grams but less than ten (10) pounds of marijuana or at least five (5) grams but less than three hundred (300) grams of hash oil, hashish, or salvia or the amount of the drug involved is at least ten (10) pounds of marijuana or at least three hundred (300) grams of hash oil, hashish, or salvia; or (B) offense involved a sale to a minor.
Possible Consequences for Dealing in Marijuana
If filed as a Class A misdemeanor, the possible penalties range from zero days to one (1) year in jail and up to a $5000 fine.
For a Level 6 Felony dealing conviction, the possible sentence ranges from six months to 2 1/2 years with an advisory sentence of one (1) year and up to a $10,000 fine. However, in some circumstances, a judge may enter a conviction for a Class A misdemeanor instead of a Level 6 felony.
The possible penalties for a Level 5 Felony dealing conviction is anywhere from one (1) to six (6) years with an advisory sentence of three (3) years and up to a $10,000 fine.
Along with possible incarceration and fines, if you are convicted of a felony dealing in marijuana charge, you may be facing the loss of job opportunities or housing assistance, the inability to obtain financial aid for school or even deportation if you are not a U.S. citizen.
Accused of Dealing in Marijuana? What Next?
If you have been accused dealing in marijuana, one of the first things your lawyer will do is review the facts and look for any weaknesses in the State’s case. Is there an issue with identity? Was the alleged marijuana tested properly? Is there evidence of dealing or intent to distribute or finance distribution? Was there a valid warrant? Were there confidential informants involved and are they reliable? Were there any constitutional violations that can be used to contest the warrant or arrest? These are just some of the issues that should be reviewed with your attorney in preparing a strong defense for trial or even to prepare for plea negotiations, if necessary.
Contact Chambers Law Office today to discuss your case!
Attorney Julie Chambers focuses the majority of her practice on criminal defense, including dealing cases and drug possession charges. She will take the time to meet with you to make sure you fully understand the charges against you and all of your possible options. If you or a family member have been accused of dealing in marijuana in Indianapolis or any of the surrounding counties, including Johnson, Hancock, Hamilton, Madison, Boone or Hendricks counties, contact Chambers Law Office to speak with a lawyer about your case.