Drug Law
Indiana criminalizes Controlled Substances which are defined at Indiana Code 35-48-1-9. Indiana law is modeled on the federal Controlled Substances Act of 1970.
In 1970, the Controlled Substances Act of 1970* was signed into law and became Title II of the CDAPCA of 1970 which created scheduling, or categories of controlled substances in ascending order of addiction and harm. Indiana’s scheme is a copy of the federal scheduling of drugs pursuant to the Uniform Controlled Substances Act which the Department of Justice encouraged the states to pass. Recently, the Controlled Substances Act of 1970 was in the news as it was updated to include the “date rape drug,” GHB.
*Note the Controlled Substances Act of 1970 set up a study commission which became known as the Shafer Commission after the chairman. Congressman Shafer in his report from the commission recommended legalizing Marijuana possession as its criminalization undermined the enforcement of the rest of the Controlled Substances Act.
History
Drug Addicts are Human Beings, Williams
The Murderers, Anslinger
Smoke & Mirrors, Gray
Drugs & Thugs, Crandall
The Opium Debate and Chinese Exclusion Laws, Ahmad
History of the War on Drugs, recommended reading:
Schedule I: Marijuana, Heroin, LSD
Schedule II: Cocaine, Methamphetamine, Vicodin
Schedule III: Ketamine, Testosterone
Schedule IV: Xanax, Valium, Ambien, Tramadol
Schedule V: Cough Suppressants
The Schedules (with common examples):
Possession
Possession varies with the type of controlled substance, the amount, priors, location, etc.
Common penalties include:
Marijuana: Class B misdemeanor, enhanced if prior or larger amounts
Cocaine: Level 6 to Level 3 felony, enhanced by the amount
Methamphetamine: Level 6 to Level 3, enhanced by the amount
Note that some drug crimes need not be the controlled substances, e.g.:
Possession of Paraphernalia: pipes, dugouts, bongs, inter alia
Possession of Precursors: non-controlled substances used to manufacture other controlled substances (common in methamphetamine)
Indiana law defines dealing as transferring, even if no money is exchanged. Note that there are two roads to dealing: transfer and possession with the intent to distribute. Possession with the intent to distribute could be seen in the amount, how packaged, messages to others, co-conspirators, inter alia. It is within your best interest to contact an attorney at once if accused of possession or dealing. While political attitudes may be changing for some drug offenses (and we at the Law Office of Kirk Freeman see this as a positive policy change), this does not mean that changes elsewhere impact Indiana law.
Dealing
The Law Office of Kirk Freeman has been fighting to end the Drug War and fighting for our clients for a long time.