Drug Charge Lawyer in Indianapolis

Facing a drug charge? Here are your options.

Call Wynn. (317) 832-1182

Free consultation · Calls answered 24/7

By Myekeal Wynn, Attorney at Law

A drug charge can follow you to job applications, housing, and your family's future. Many drug cases are won or lost on how the police got the evidence and how they weighed it. I look at every step, and I defend drug cases in both state and federal court.

Charges I defend

• Possession of marijuana

• Possession of a controlled substance, including pills without a prescription

• Possession of cocaine, heroin, fentanyl, other narcotics, or meth

• Dealing and possession with intent to deal

• Possession of paraphernalia

• Charges involving THC vapes, hemp, and delta-8 products

• Federal drug charges

• Trafficking with an inmate (bringing drugs into a jail or prison)

How serious is the charge?

• Marijuana possession is usually a misdemeanor. It can become a felony with a prior drug conviction and a larger amount.

• Possession of cocaine, narcotics, or meth starts as a Level 6 felony and goes up with the weight.

• Dealing cocaine, narcotics, or meth starts as a Level 5 felony and can reach Level 2.

• The charge can go up a level if police say you had a gun, were near a school or park while kids were around, were in front of a child, or have a prior dealing conviction.

Marijuana is still illegal in Indiana in 2026, and Indiana has no medical marijuana program. Recent federal changes did not change Indiana law.

The statutes behind the charge

• Possession of marijuana. Class B misdemeanor. Class A misdemeanor with a prior drug conviction. Ind. Code § 35-48-4-11.

• Possession of a controlled substance. Class A misdemeanor. Level 6 felony if an enhancing circumstance applies. Ind. Code § 35-48-4-7.

• Possession of cocaine or a narcotic drug. Level 6 felony, higher with weight. Ind. Code § 35-48-4-6.

• Possession of methamphetamine. Level 6 felony, higher with weight. Ind. Code § 35-48-4-6.1.

• Dealing in cocaine or a narcotic drug. Level 5 felony, higher with weight. Ind. Code § 35-48-4-1.

• Dealing in methamphetamine. Level 5 felony, higher with weight. Ind. Code § 35-48-4-1.1.

• Dealing in marijuana. Class A misdemeanor, higher with weight or a prior. Ind. Code § 35-48-4-10.

• Possession of paraphernalia. Class C misdemeanor. Ind. Code § 35-48-4-8.3.

Bringing drugs into a jail or prison

Indiana calls this trafficking with an inmate. It is charged against visitors, family members, staff, and contractors, and it is a separate charge from any possession or dealing count. Ind. Code § 35-44.1-3-5. Read more about trafficking with an inmate.

• What it covers. Delivering an item to an inmate, or carrying it into a jail, prison, or juvenile facility with intent to deliver it, without the facility’s prior authorization. It also covers carrying items out, and using a drone.

• The basic charge. Class A misdemeanor.

• When the item is a controlled substance. Level 5 felony, which carries one to six years. Ind. Code §§ 35-44.1-3-5(b), 35-50-2-6(b).

• What the State has to prove. That you acted knowingly or intentionally, and for items carried in, that you intended to deliver them to an inmate. Having something on you when you walked in is not the same as intending to deliver it.

• How I defend it. These cases turn on facility video, search procedures, recorded calls and messages, and who actually handled the item. I get all of it.

How I defend you

• The search. You are protected by the U.S. Constitution and by the Indiana Constitution, which has its own test for whether police acted reasonably. Indiana also has a rule most states don't: if you are in custody, police must tell you that you have the right to a lawyer before asking to search your home or car.

• Whose drugs were they? Being near drugs is not the same as possessing them. In a shared car or home, the State has to prove you knew about the drugs and meant to control them.

• The weight. I don't take the police's number at face value. Drugs weighed in their packaging, scales that aren't calibrated, and estimates instead of lab weights can all tip the scale. A few grams can move a charge up a level, and that can mean years more of exposure.

• The lab. Was it tested? Was the evidence handled properly? In marijuana cases, the State must prove it was marijuana and not legal hemp.

• "Intent to deal." Under 28 grams, weight alone is not enough to prove dealing. The State needs more evidence.

• Trial. I prepare every case for trial, and I am never afraid to try one.

Options that keep a conviction off your record

Depending on the charge and your history, there may be programs that end in a dismissal or a lower conviction, such as pretrial diversion, first-time marijuana dismissal, or drug court. I'll make sure you know every option and the trade-offs, and the decision is always yours.

What a drug conviction does not do anymore

• Indiana no longer suspends your driver's license for a drug conviction. That law was repealed in 2020.

• A drug conviction no longer affects federal student aid.

Already have an old drug conviction? Learn about expungement.

Common questions

Is marijuana possession still a crime in Indiana? Yes. It is a Class B misdemeanor, and it goes up with a prior drug conviction. Ind. Code § 35-48-4-11.

Can I be charged if the drugs were not on me? Yes, but the State has to prove you knew about them and meant to control them. Being nearby is not enough.

What makes it dealing instead of possession? The State has to prove intent to deliver. For some amounts, the statute requires evidence beyond the weight of the drug.

I was arrested bringing something to someone in jail. How serious is it? It depends on the item. A controlled substance makes it a Level 5 felony.

What happens next

1. Free consultation. You or a family member can call. Consultations are by phone or Zoom.

2. Evidence. I get the reports, body cam, and lab results.

3. Strategy. We decide together: fight at trial or push for a dismissal.

4. Court. I stand with you at every hearing.

Related: federal criminal defense, probation violations, warrants, criminal defense.

Don't face a drug charge alone

Call Wynn. (317) 832-1182