Tanzillo Stassin & Babcock P.C.

Sep 28, 2018

CRIMINAL DEFENSE

Four Indiana people are facing felony charges after being caught distributing and trafficking marijuana across state lines. The special crimes unit found 50 pounds of marijuana in July after months of investigation.

Jeffery S. Moore and Larry W. Fagin are facing charges of dealing in marijuana, corrupt business influence and maintaining a common nuisance, and conspiracy to deal in marijuana. Katie L. Lindeman is also charged with corrupt business influence and maintaining a common nuisance and Joshua C. Fleek has been charged with dealing in marijuana, corrupt business influence, and conspiracy to deal in marijuana.

Marijuana Crimes in Indiana

The possession, manufacture, or sale of marijuana in Indiana is regulated by both the state and federal laws. In Indiana, marijuana is considered a schedule 1 substance, meaning it has a high potential for abuse and no recognized medical value. Types of marijuana-related crimes include the following:

Marijuana Possession

In Indiana, it is illegal to intentionally or knowingly possess marijuana. A person who grows plants is also in violation of the possession law. Penalties are based on the amount of marijuana in a person’s possession and include the following:

  • Up to 30 grams: This is a Class A misdemeanor that is punishable by as much as one year in jail and a fine of up to $5,000.
  • Over 30 grams or prior convictions: People found in possession of over 30 grams or have had one or more previous convictions is a Class D felony charge, which is punishable by as much as three years in prison and a fine up to $10,000.

Distribution and Manufacture

It is against the law to distribute or manufacture marijuana or possess marijuana with the intent to distribute it. Penalties are based on the amount of marijuana distributed or manufactured and are as follows:

  • Up to 30 grams: This is a Class A misdemeanor that is punishable with up to one year in jail and a fine of up to $5,000.
  • Between 30 grams and 10 pounds: This is a Class D felony charge which is punishable with up to three years in prison and a fine up to $10,000.
  • More than 10 pounds: This is also a Class D felony charge which is punishable with up to eight years in prison and a fine up to $10,000.

Sales that occur in a school zone are considered to be a Class two felony and are punishable with up to eight years in prison and a fine up to $10,000. Sales to minors are classified as a Class three felony that is punishable by up to three years in prison and a fine up to $10,000. Second and subsequent violations are Class D felonies and are punishable by up to three years in prison and a fine of up to $10,000.

Contact an Experienced Criminal Defense Attorney

If you have been charged with a marijuana-related crime, it is easy to see how the penalties can be life-altering, especially if the charge is for a felony. With so much at risk, it is imperative to have an experienced criminal defense attorney on your side.

The attorneys at Tanzillo, Stassin, and Babcock, P.C. will review your case and craft the best defense strategy possible. Contact them today to schedule a consultation at their Dyer, Indiana office.