Drug possession charges have serious consequences from time in jail or prison to losing your job. Indiana considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances but also the compounds used to manufacture them. Additionally, many medications are also illegal without a valid prescription. Indiana, like most states and the federal government, divides controlled substances into five schedules (I through V). Schedule I drugs are most likely to be abused and have no accepted medical use. The various schedules change frequently. You can see the scheduled at Indiana’s Department of Health website.

Possession of drug related paraphernalia is also illegal. For example, having scales, wrapping papers, pipes, or other devices used in ingestion, distribution, or sale of drugs are all illegal. Having items used in distribution may also land you a charge of dealing not just possession since having them would be evidence of you doing more than just using the drugs personally.


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A bit confusing thing to deal with on possession cases is that you might be deemed to possess more than you realize. Possession can be direct. We all understand that. If it is in your pocket or in your hand, you are possessing it. But possession can also be constructive. To show constructive possession the state must prove an individual had the intent to have dominion and control over the drug or other contraband and the capacity or ability to assert such dominion and control. Control where the item was found and where an individual was known to have been. The item could be quite removed and still support a finding of constructive possession.

Another confusing item is that possession can also be joint. More than one person can possession the same item. And a court may find constructive possession even if the accused was not the only one with control of the area where the item was found. Courts will look at several factors like whether other possessions of the accused were found near the item, whether the accused admitted to owning the item, whether the accused fled, or was otherwise secretive in relation to the item.

If you or someone you love is facing criminal charges, contact us at 888-888-8980 for a consultation. Your future and your freedom deserve to be taken seriously by an experienced attorney who is committed to quality representation and compassionate advocacy, every step of the way.