Indiana Drug Possession Penalties (2026)

Possession of controlled substances (cocaine, heroin, meth, pills) charges in Indiana: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing drug possession charges in Indiana, consult a licensed Indiana criminal defense attorney.

Indiana Drug Possession Penalties

AmountPenalty
Small AmountLevel 6 felony: 6 months–2.5 years, $10,000 fine
Large AmountLevel 5 felony: 1–6 years prison

IC §35-48-4-7; penalty level depends on drug schedule and prior history

Drug Possession Statute of Limitations in Indiana

In Indiana, the statute of limitations for felony drug charges is generally 5 years. Misdemeanor drug offenses carry a 2 years limit.

See all Indiana statutes of limitations →

Defending Against Drug Possession Charges in Indiana

Common defenses in Indiana drug possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Indiana criminal defense attorney for advice.

Related Indiana Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication