Indiana Law Blog
When you’re charged with drug possession in Indiana, the stakes are high—and the law can be a minefield. At Harshman Ponist Smith & Rayl, we’re committed to being your “Trusted Counsel Close to Home,” helping Hoosiers untangle complex criminal statutes like Indiana Code § 35-48-4-6. This law governs possession of controlled substances, from marijuana to methamphetamine, and its interpretation by the Indiana Court of Appeals often hinges on one deceptively simple word: “possession.” In 2025, understanding how courts define this term could be your key to a stronger defense. Let’s dive into the statute and see how appellate rulings shape its meaning.
The Drug Possession Statute: Breaking It Down
Under Indiana Code § 35-48-4-6(a), it’s unlawful to “knowingly or intentionally possess” a controlled substance like cocaine or a narcotic drug without a valid prescription. The penalty starts as a Class A misdemeanor (up to 1 year in jail and a $5,000 fine) but can escalate to a Level 6 felony if you have priors or aggravating factors—like possessing near a school. The statute doesn’t explicitly define “possess,” leaving room for courts to interpret what it means to “have” drugs. Is it enough that they’re near you? Do you need them in your pocket? The Indiana Court of Appeals has tackled these questions head-on.