Drug Crimes

Even a small amount of a controlled substance can lead to criminal charges, and the consequences don’t end after someone has served their time. A drug conviction can affect your job, housing, education, and even your ability to drive over the long term. Fortunately, charges don’t always result in convictions, and an experienced drug crimes defense attorney can help protect your rights.

Whether you were arrested for possession, accused of dealing, or charged with a prescription-related offense, you have legal rights—and you deserve a strong defense tailored to your unique case. Myers & Wallace, LLP has over 50 years of combined experience with drug crime cases in Fort Wayne and throughout Indiana. Contact us to learn more about your options and how we can help.

Indiana Drug Classifications

Indiana classifies controlled substances into five schedules based on how addictive the drug is and whether it has any accepted medical use. Here are the classifications:

Schedule I: Drugs with a high potential for abuse and no accepted medical use (marijuana, heroin, LSD, ecstasy).
Schedule II: Drugs that also carry a high risk of abuse but may have limited medical use with strict regulation (methamphetamine, cocaine, oxycodone, fentanyl).
Schedule III: Substances with a moderate to low potential for dependence (anabolic steroids, ketamine, some medications with codeine).
Schedule IV: Drugs with accepted medical use and a lower risk of abuse (Xanax, Valium, Ativan).
Schedule V: The least restricted drugs, often containing small amounts of narcotics (cough medicines with codeine, some anti-diarrheal medications).

The schedule plays a big role in how a drug offense is charged and what kind of penalties you might face if convicted. Knowing which schedule your charge falls under helps you understand what you’re facing—and how we can begin building your defense.

Types of Drug Charges in Indiana

Our experienced Indiana drug crime defense attorneys can help you if you’ve been charged with any of the following offenses.

Possession of a Controlled Substance

Possession is one of the most common drug charges in Indiana. If police find a controlled substance on you, in your vehicle, or in your home, you can be charged—even if the drugs aren’t yours. If the amount is larger or certain items are found nearby—such as scales, baggies, or large amounts of cash—you may be charged with possession with intent to deliver. That’s a much more serious offense. The penalties depend on the type of drug, how much of it was involved, and whether you have any prior convictions.

Dealing or Manufacturing

Indiana law defines “dealing” broadly. Even giving a drug to a friend can meet the legal definition. Manufacturing charges can apply if you are accused of making or preparing a controlled substance. Law enforcement often looks for signs like packaging materials, cash, text messages, or surveillance footage to claim you intended to distribute the drug. These cases often carry harsher penalties than possession and range from Level 5 to Level 1 felonies.

Prescription Fraud and Controlled Substance Misuse

Prescription medications can lead to criminal charges if they are used or obtained without legal authorization. Forging or altering a prescription, using someone else’s medication, or “doctor shopping” to get more pills than prescribed can all lead to Level 5 or Level 6 felony charges. Opioid-related arrests are especially common. Healthcare workers may also face additional legal problems (like professional discipline) if they are accused of misusing their authority to obtain or distribute controlled substances.

Marijuana, Salvia, and Hashish Charges

Even though many states have legalized marijuana, recreational and medical use is still illegal in Indiana. Possession under 30 grams—or growing marijuana—is typically a misdemeanor. Prior offenses or larger amounts can increase the charge to a felony. Salvia and hashish possession are punished under the same statute.

Types of Drug Crime Offenses and Penalties

In Indiana, penalties for drug offenses can vary based on the number of prior drug convictions a defendant has. Prior convictions can trigger various statutory sentencing enhancements under Indiana law. Here’s what you can expect based on your past experience with the law.

First Offense

A defendant facing prosecution for the first time will face the standard penalties imposed for their charged drug offense. For example, some simple marijuana possession or dealing in Schedule IV or V drugs charges may result in a misdemeanor charge for a defendant with no prior criminal history. However, possession or distribution of Schedule I through III controlled substances typically results in felony charges, with the grading of the felony dependent on the type and quantity of drugs involved.

Some first-time offenders may also qualify for alternative dispositions, which allow a defendant to resolve their drug charges without a trial or conviction. Potential options for first-time offenders include:

Conditional discharge, in which the defendant serves a probation term without a conviction; successful completion results in the dismissal of the charges
Pre-trial diversion, sometimes offered to defendants facing misdemeanor offenses, which includes conditions like community service, substance abuse counseling, and drug testing
Drug court, which involves more intensive supervision of defendants facing charges related to a substance abuse issue

Second Offense

A second offense can increase the penalties imposed for a drug offense in Indiana. Some drug offense statutes include provisions that increase the grading of a charge for a defendant with a prior conviction, such as misdemeanor marijuana possession offenses. Indiana’s drug laws also treat a prior conviction as an “enhancing circumstance,” which can increase the grading of a felony charge under certain circumstances.

The law defines enhancing circumstances to include a prior conviction for drug distribution (except for marijuana, hashish, hash oil, or salvia divinorum). Having a prior conviction that qualifies as an enhancing circumstance can increase the normal grading of a drug offense by one degree.

Third Offense

A defendant convicted of a third drug offense may face enhanced penalties if the state requests that they be designated a “habitual offender” under Indiana law. Someone facing a drug offense graded as a Level 1 through 4 felony may qualify as a habitual offender if the state proves beyond a reasonable doubt that the person has two prior convictions for unrelated felonies, and at least one prior conviction had a higher grading than a Level 6 or Class D felony.

Furthermore, a defendant charged with a Level 5 felony may qualify as a habitual offender if:

They have two prior unrelated felony convictions,
At least one prior conviction had a higher grading than a Level 6 or Class D felony, and,
No more than 10 years have elapsed since the completion of their sentence for at least one of the felonies, if they had a prior Level 5 or 6 felony or Class C or D felony.

A habitual offender designation allows the trial court to add years to a defendant’s sentence following their drug conviction.

Fourth or Subsequent Offense

A defendant convicted of a felony drug offense may also receive a habitual offender designation if the state proves beyond a reasonable doubt that the person:

Has three prior unrelated felony convictions and,
If one of the prior convictions includes a Level 5 or 6 or Class C or D felony, then no more than 10 years have passed since the person’s release from incarceration, probation, or parole (whichever occurs last) for at least one of the three prior felony convictions.

Thus, a fourth or subsequent felony drug offense may lead to enhanced penalties under a habitual offender designation.

Misdemeanor vs. Felony Drug Offenses

Drug offenses in Indiana fall into two main categories: misdemeanors and felonies. Misdemeanor charges typically involve lower-level drug offenses, such as:

Possession of less than 30 grams of marijuana
First-time possession of certain prescription drugs without a valid prescription
Minor paraphernalia charges

These offenses are usually charged as Class A or Class B misdemeanors, which can carry up to one year in jail and fines up to $5,000. Even though the penalties are lower than felonies, a misdemeanor conviction can still affect your record, job opportunities, and housing.

Felony drug charges often involve more serious situations, including:

Possession of Schedule I or II substances
Dealing or manufacturing controlled substances
Possession of large quantities of any drug
Prior drug convictions
Drug activity near schools, parks, or public housing

These can range from Level 6 felonies (the least severe) to Level 2 felonies, which carry longer prison terms and higher fines. For example, a Level 6 felony can result in six months to two and a half years in prison, while a Level 2 felony can lead to 10 to 30 years.

Even if this is your first time being charged with a drug offense, charges can escalate when there are aggravating factors. The presence of a weapon, prior convictions, and where the arrest took place can all increase the potential punishments.

Common Defense Strategies

Not every drug charge leads to a conviction. Depending on your specific case, there may be several legal strategies that apply. A strong defense can lead to reduced charges, dismissal, or alternatives to jail.

Some of the most common drug crime defenses include:

Illegal search and seizure: The Fourth Amendment protects you from unlawful searches. If officers stopped your car without probable cause, searched your home without a warrant, or failed to follow procedure, the evidence they collected may not be admissible in court.
Lack of knowledge or intent: If the drugs were found in a shared space, like a car or apartment, you may have a defense if you didn’t know the drugs were there.
The drugs belonged to someone else: Prosecutors must prove that you had control over the substance, even if it wasn’t found directly on you. This is called constructive possession, and it often depends on the specific facts of where and how the drugs were found.
Entrapment or coercion: If law enforcement pressured you into committing a crime you otherwise wouldn’t have committed, you may have an entrapment defense. This can come up in undercover stings where someone is persuaded or threatened into taking action.

The right defense depends on your unique situation. Myers & Wallace, LLP will review the facts and evidence to determine which strategies will best protect your rights.

Why Choose Myers & Wallace, LLP for Your Drug Crimes Defense?

Drug charges in Fort Wayne and throughout Allen County are handled aggressively by law enforcement and prosecutors. Local officers are trained to investigate quickly, and prosecutors often pursue harsh penalties—especially in cases involving opioids, methamphetamine, or suspected drug dealing. Even within Indiana, each county can approach these cases differently. There are often variations in how charges are filed, how plea deals are offered, and whether diversion programs are available.

Myers & Wallace, LLP understands how the system works in Fort Wayne, because we’ve spent years working within it. We know how to challenge weak evidence, negotiate with prosecutors, and present your side of the story. Whether you’re facing a misdemeanor or a felony, we focus on realistic solutions that reduce the impact on your life.

Our attorneys take a personal, hands-on approach to your defense and make sure you understand each step of the process. That means listening to your concerns and answering your questions at each step.

Start Building Your Defense Today

You don’t have to face a drug charge in Indiana alone. Myers & Wallace, LLP brings over 50 years of combined experience and a deep understanding of relevant drug laws to help protect your future. Contact us today to speak with a drug crimes defense lawyer serving Northeast Indiana, and let’s discuss your path forward.

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