Indianapolis Drug Possession Lawyers
Last updated on October 31, 2025
Despite the relaxation of laws in other states, such as allowance for medical use, drug possession is still a serious felony in Indiana. If you or a family member was arrested for drugs in the Indianapolis area, you need to fight the charges to avoid prison and a felony record.
The law firm of Sallee Law, LLC, provides the experience you need to confront allegations of drug possession. We have been successful in motions and at trial in challenging drug charges of all kinds on Fourth Amendment grounds and other defenses. With so much at stake, you need a lawyer whose mindset is to win the case, not merely strike a plea bargain.
Assert your rights. Call us without delay for a free consultation at 317-643-5507. Our Indianapolis firm handles drug cases in all surrounding counties, including Hendricks, Boone and Hamilton counties, and statewide Indiana.
Can The Prosecution Prove Its Case?
Attorney Todd Sallee has practiced criminal defense for over 20 years. Before that, he prosecuted drug crimes and other felony offenses as an assistant prosecutor. His extensive trial experience and knowledge of how drug crimes are investigated give him an extra edge in defending these cases. With the possibility of prison on the line, you need every possible advantage.
We handle all federal and Indiana drug possession cases, including:
- Possession of marijuana (misdemeanor or felony amount)
- Possession of cocaine, heroin, meth or other street drugs
- Possession of controlled substances (OxyContin, Xanax, Adderall, Fentanyl, etc.)
- Possession with intent to distribute (certain quantity or other evidence of dealing)
Although the police or Drug Enforcement Administration (DEA) may say that you were caught with drugs, it is never an open-and-shut case. You are protected under the Constitution against unreasonable search and seizure. This includes illegal traffic stops, being stopped on the street without any reasonable suspicion, or a search of your vehicle or home without your consent or a valid warrant.
We have been successful in challenging drug possession on Fourth Amendment grounds. In one case, we had a blood draw suppressed as the product of unlawful search and seizure. We have also defeated cases in which police smelled pot when they stopped the car and charged everybody in the vehicle with possession. (See examples of our notable case results in drug cases.)
How Drug Charges Impact A Young Person’s Future
A conviction for drug possession, even as a juvenile, can have serious consequences, from difficulty finding employment to possible jail time. Statistics show that 22% of boys and 18% of girls convicted as juveniles eventually end up in adult prison, making it critical to seek strong legal representation to defend your young adult from the long-term effects of a drug conviction.
Indiana offers alternatives such as diversion programs and drug courts for juvenile offenders struggling with addiction. These programs can help your child avoid a conviction on their record and allow them to get the treatment they need. However, getting into these programs often requires skilled legal guidance. A lawyer from Sallee Law, LLC, can advocate for alternative sentencing to help your child avoid a conviction and focus on recovery.
We Know Your Rights And How To Win Cases
We make every attempt to get charges dismissed, to exclude evidence or witnesses, or to convince the prosecutor to reduce the charges. We also prepare for trial because of the severe penalties that accompany a conviction. You may also qualify for diversion programs to keep the conviction off your record or Drug Court to get addiction help rather than prison time.
Is Marijuana Illegal In Indianapolis?
Yes, marijuana is illegal throughout Indiana. We urge individuals to respect the local laws and regulations concerning the possession and use of cannabis. It’s also important to note that transporting marijuana across state lines, even from states where it may be legally purchased, into Indiana is against the law. If you have legal concerns or face charges related to marijuana possession, we’re here to provide legal support and guidance.
Can I Give My Friend My Prescription Drug?
No, it is illegal to distribute your prescription medication to someone else. For an individual to legally possess a prescription drug, they must have their own prescription written by a health care professional. Transferring your prescribed medication to another person, regardless of your intentions, constitutes illegal distribution of a prescription drug. If you find yourself or someone you know in a situation related to this issue, don’t hesitate to reach out to us for legal counsel.
Can I Object To A Search With A Drug Dog?
Yes, you can object to a search conducted with a drug-sniffing dog, although it may not prevent the search from taking place. Law enforcement officials are permitted to use K-9 units to sniff your vehicle and belongings as long as it does not excessively prolong a traffic stop. However, if the police wish to extend the duration of a stop for a thorough search involving a drug dog, they must have reasonable suspicion of criminal activity.
It’s crucial not to consent to any search, as consenting can affect your rights and any subsequent legal proceedings. If a search occurs despite your objections, make sure to inform your attorney about the details of the encounter. We are prepared to defend your rights and ensure proper procedures are followed.
How Will Previous Convictions Impact My Current Drug Possession Charge?
Having prior drug convictions on your record can lead to much harsher penalties if you face new charges. Indiana courts factor in past offenses during sentencing, which could result in longer prison terms or steeper fines for repeat offenders. Your criminal history heavily influences how the prosecution will handle your case.
Can I Be Charged With Drug Possession If I Have A Prescription?
Yes, even with a prescription, it is illegal to possess medication that was not prescribed to you. Sharing your prescription drugs or having someone else’s prescription without authorization can lead to felony charges. In Indiana, being caught with another person’s prescription medication carries penalties similar to possessing illegal street drugs.
What Does “Possession With Intent To Distribute” Mean?
“Possession with intent to distribute” refers to a situation where authorities believe you planned to sell or distribute the drugs in your possession. This specific charge typically applies when large amounts of drugs, packaging supplies or large sums of cash are found, indicating more than personal use. It is a far more serious charge than simple possession and carries significantly harsher penalties.
Is It Possible To Expunge Drug Possession Charges From My Record?
In Indiana, certain drug possession convictions may be eligible for expungement, which removes them from your public record. Eligibility depends on the nature of the offense and the time that has passed since the conviction. Expungement offers a clean slate, but not all charges qualify, and the process can be complex.
What Are The Different Types Of Drug Possession In Indiana?
In Indiana, drug possession charges vary based on several factors, including how the drugs were found and your relationship to them. Understanding these charges can help you better understand your situation:
- Actual possession: If police find substances in your pocket, purse or hands, you have actual physical control of the drugs.
- Constructive possession: This means you had the knowledge of the drugs and the ability to control them even if they were not physically on you. Drugs found in your car’s glove compartment or in your bedroom drawer can lead to constructive possession charges.
- Joint possession: If police find illegal substances in a shared apartment’s common area, all residents might face joint possession charges.
- Simple possession: This occurs when you have small amounts of controlled substances that you likely intended only for personal use rather than distribution. Law enforcement considers the quantity and circumstances to determine if you kept the drugs only for yourself.
- Possession with intent to distribute: This more serious charge often happens when officers discover packaging materials, scales or large amounts of cash along with the drugs.
Each type of possession carries different legal implications and potential penalties. As your legal allies, we will review your situation and help determine the best defense strategy based on the charges you are facing.
What Are Possible Penalties Of Drug Possession Charges In Indianapolis?
Drug possession charges in Indianapolis carry serious consequences that vary based on several factors under Indiana drug laws. For first-time offenders, penalties range from Class A misdemeanors, which involve up to one-year imprisonment and $5,000 in fines, to Level 6 felony drug charges, which carry a six-month minimum sentence for drug possession. Repeat offenders face substantially more severe consequences, with previous convictions on your criminal record potentially elevating charges to Level 4 or 3 felonies carrying sentences from two to 16 years.
The drug schedule classification plays a crucial role in determining penalties. Schedule I and II substances, such as heroin, cocaine and methamphetamine, carry the harshest penalties. Meanwhile, Schedule III, IV and V drugs, which include some prescription medications, may result in somewhat lighter sentences.
Possession of drug paraphernalia adds separate charges, typically as misdemeanors with additional jail time and fines.
Can I Be Eligible For Indiana’s Drug Court Program After A Drug Possession Charge?
Eligibility for our state’s Drug Court Program requires that you face nonviolent charges, have no serious prior convictions and demonstrate a genuine need for treatment. This can be an option even in cases where officers establish proper probable cause for your arrest.
In this program, participants undergo intensive supervision, regular drug testing, mandatory treatment sessions and frequent court appearances over a period of 12 to 24 months. Completing the program can result in dismissed charges or reduced sentences.
Contact Us Day Or Night For A Free Consultation
Call us immediately at 317-643-5507 if you or a loved one was arrested on drug possession charges, or contact us online. We are available 24/7 to protect your rights.