Marijuana is still illegal in Indiana
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Marijuana is still illegal in Indiana

On Behalf of | Sep 2, 2022 | Drug Crimes |

If you live in Indiana, especially if you’ve moved here from another state, it’s important to make sure you clearly understand traffic laws and other regulations that may affect your daily life. For instance, speed limits vary by state and so do drug laws. If you previously resided in a state where marijuana has been legalized, you’ll want to note that that is not the case in this state.  

Indiana has what’s known as “mixed” legalization of marijuana. The drug has not been fully decriminalized, although you might have a medical reason to use CBD oil, which is legal throughout the state. There are stringent penalties for conviction of marijuana crimes in this state. In fact, you can be charged with a misdemeanor crime for simply being present in a location where you know that drugs are being used at the time.  

Driving under the influence of marijuana in Indiana 

Indiana law categorizes marijuana as a Schedule I controlled substance. If a police officer pulls you over for suspected impaired driving, you could wind up in the back of a patrol car on your way to a county jail if the officer in question establishes probable cause to arrest you. Driving under the influence of marijuana is punishable by up to one year in jail and $5,000 in fines.  

If you take a blood test that registers the amount of marijuana in your system less than a specific amount, state law states that, at that point, you are not intoxicated. Many people use this as a defense against DUI-marijuana charges.  

Hash and hash oil are also illegal in this state 

Products containing hash or hash oil are listed with marijuana as a Schedule I controlled substance in Indiana. If you intentionally possess these drugs within state borders, you are committing a Class A misdemeanor crime. If you are arrested, you may be able to secure a conditional release, meaning that the judge would allow you to leave jail and continue your daily life at home, while awaiting your trial.  

Marijuana stays in your system for a week or more 

Complex issues can arise regarding marijuana in your system. It is typically traceable for weeks if you take a blood test. Suppose you travel to another state where it is legal to use the drug, then return to Indiana a week later and get pulled over or are involved in a car accident. You might encounter some serious legal problems if you take a blood test that registers positive for marijuana, even though you did not possess or use it in Indiana.  

It’s important to know your rights regarding traffic stops, DUI-marijuana arrests, as well as to understand the adjudication process and how the criminal justice system functions. If you’re charged with a drug crime, you are guaranteed an opportunity to refute the charges in court, which you do not have to do alone. You may request legal support immediately following your arrest.