Marijuana remains illegal in Indiana, and possession can lead to a criminal charge even if the marijuana was legally purchased in another state. Depending on the amount involved, your prior record, and the circumstances, you could face a misdemeanor or felony charge. But an arrest does not automatically mean a conviction.

Why Choose Us?

For many people, a marijuana arrest is their first experience with the criminal justice system. You may be more concerned about your job, school, professional license, or record than the possibility of jail.

Whalin Legal defends people accused of marijuana possession, dealing, and related drug offenses in Noblesville, Hamilton County, and throughout Indiana. Attorney Trampas A. Whalin reviews how the marijuana was found, whether the search was lawful, and what options may be available to resolve the charge while protecting your record.

When you work with Whalin Legal, you benefit from:

  • 17 years of Indiana legal experience, including work as a public defender
  • Extensive experience defending misdemeanor and felony criminal charges
  • Familiarity with Hamilton County courts, prosecutors, and local procedures
  • Experience examining traffic stops, searches, seizures, and other evidence
  • Experience pursuing diversion, dismissal, and other alternatives when available
  • Direct access to Attorney Trampas Whalin throughout your case
  • Free, confidential consultations

The sooner you contact us, the better we can protect your rights, freedom and future.

No. Indiana law prohibits possessing marijuana, hash oil, hashish, or salvia unless an exception under state or federal law applies. Marijuana possession is addressed under Indiana Code § 35-48-4-11.

That can create confusion for people traveling into Indiana from states where recreational marijuana is legal. Crossing a state line does not make marijuana legal once you are in Indiana.

A possession case can also involve questions about who actually possessed the marijuana. If it was found in a vehicle, home, or other space shared by several people, the fact that you were nearby does not by itself answer every question about possession or control.

What Are the Penalties for Marijuana Possession in Indiana?

The potential charge depends on factors including your prior criminal history and the amount of marijuana involved.

Simple marijuana possession can be charged as a misdemeanor, while certain circumstances can increase the level of the offense. A conviction can potentially mean incarceration, fines, court costs, probation, and a criminal record.

The practical consequences may matter just as much. A marijuana conviction can create problems with employment, professional licensing, education, and future background checks.

Before deciding how to handle the charge, it is important to determine exactly what the state alleges and what evidence supports it.

Can a Marijuana Possession Charge Be Dismissed?

Possibly. The outcome depends on the facts of the case, the evidence, your criminal history, and whether an alternative resolution is available.

Some marijuana possession cases may qualify for pretrial diversion. A diversion agreement typically requires you to complete specific conditions established by the prosecutor. Successful completion may result in dismissal rather than a criminal conviction. Whalin Legal identifies possession of marijuana as one of the offenses that may qualify for diversion, although eligibility varies based on the individual case and prosecutor’s policies.

Other cases may have evidentiary or constitutional issues that affect whether the prosecution can proceed.

Can Police Search Your Car for Marijuana in Indiana?

Police searches are governed by constitutional and other legal requirements. Whether officers had lawful grounds to search a vehicle depends on what happened before and during the search.

A marijuana defense should therefore look beyond what police say they found. Attorney Whalin examines why the vehicle was stopped, how long you were detained, what officers observed, whether consent was requested or given, and what legal basis officers relied on to conduct the search.

If evidence was obtained through an unlawful search or seizure, the defense may ask the court to suppress it. Losing important evidence can significantly change the prosecution’s case.

What If You Are Accused of Dealing Marijuana?

Allegations involving selling, delivering, financing the delivery of, or possessing marijuana with intent to deliver can carry more serious consequences than simple possession.

The amount involved and other circumstances can affect the level of the charge. Prosecutors may also rely on evidence beyond the marijuana itself when alleging intent to deal.

A defense attorney can examine what evidence actually supports the allegation and whether the state can prove more than possession.

Yes. In addition to marijuana cases, Whalin Legal represents people facing other drug-related allegations, including possession of controlled substances, dealing offenses, drug paraphernalia charges, syringe-related offenses, and related criminal charges.

When multiple charges arise from the same stop, search, or investigation, we look at the case as a whole rather than treating each allegation in isolation.

Talk to a Noblesville Marijuana Defense Attorney

If you have been cited, arrested, or charged with a marijuana offense, turn to Whalin Legal. You can rely on Attorney Trampas Whalin to choose the best line of defense and protect your rights. Call today for a free consultation. 

Frequently Asked Questions

Is marijuana possession a felony in Indiana?

Marijuana possession is not automatically a felony. The level of the charge depends on the circumstances, including the amount involved and certain aspects of the person’s criminal history. More serious marijuana allegations can potentially result in felony charges.

Can you go to jail for marijuana possession in Indiana?

A marijuana possession conviction can potentially carry incarceration, depending on the level of the offense and other circumstances. Actual sentencing depends on the charge, criminal history, case resolution, and other factors.

Can a first marijuana charge be dismissed in Indiana?

It is possible, but dismissal is not automatic. Some first-time or low-level marijuana possession cases may be candidates for pretrial diversion. Other cases may have defenses that could support suppression or dismissal. Whalin Legal’s diversion guidance specifically lists marijuana possession among offenses that may qualify, subject to case-specific and local requirements.

Can an Indiana marijuana charge be expunged?

Many eligible Indiana arrest and conviction records can eventually be expunged or sealed under Indiana’s Second Chance Law. Eligibility and waiting periods depend on how the case was resolved and other factors. Whalin Legal notes that arrest records associated with dismissed charges or successfully completed diversion may also qualify for expungement.