A marijuana arrest can cause problems that reach well past the arrest itself. A record can affect your job, your school, your housing, and every background check after that.
Before anything else, you need to know whether the evidence is as strong as police say.
Former prosecutor Eric Blankenship leads the Valparaiso marijuana defense lawyers at Blankenship Law, LLC. He began in the Hamilton County prosecutor’s case-screening department and later supervised 4 felony courts in Marion County.
The firm secured a conditional discharge in a Huntington County marijuana possession case. Police found marijuana in the client’s car after a traffic stop, and the case ended without a conviction.
We know how prosecutors weigh drug cases and where their evidence can be challenged. We seek a dismissal, a conditional discharge, or a reduced charge when the facts support it.
Reach out today to schedule a consultation. Tell us what you were charged with and what you stand to lose and we can lay out your options.
A marijuana case can involve possession, a car search, a dealing allegation, or extra charges for items police find. We handle these cases as part of our Valparaiso drug crime defense work.
Our defense work covers these charges:
How police found the marijuana can matter as much as the marijuana itself. We look at how police got the evidence, who controlled it, and whether the State can prove each part of the charge.
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Indiana sets the charge level by your drug record and, in some cases, by weight. The base offense under IC 35-48-4-11 is a Class B misdemeanor.
The penalties climb in 3 steps:
Judges can suspend jail time and order probation instead. Hash oil and hashish follow the same steps, with a 5 gram cutoff for the felony step.
Under 10 pounds, weight alone does not prove dealing. Prosecutors need more evidence, like scales, packaging, cash, or messages.
Before any plea is discussed, we test how the State plans to prove weight, possession, and intent.
Police can add a paraphernalia charge when they find a pipe, bong, vape, or similar item. It is a Class C misdemeanor, with up to 60 days in jail and a $500 fine. A prior paraphernalia conviction makes it a Class A misdemeanor, with up to 1 year in jail and a $5,000 fine.
The State must prove the item was yours. It must also prove you meant to use it with a controlled substance. Shared homes and cars make that harder, because several people may use the same space. Rolling papers do not count.
Indiana’s Court of Appeals has also ruled that a grinder is not paraphernalia, because a grinder only prepares marijuana for use.
A traffic stop can turn into a drug case in minutes. We start by looking at how the stop developed.
We check these points:
Location matters too. A driver can be charged for marijuana in a glove box or trunk, even if the driver never touched it. With several people in the car, the State needs more than your seat to link you to the marijuana.
A Huntington County case shows how this works. Police stopped the client for a traffic infraction and found marijuana in her car. She had no criminal history and cooperated with police.
If police also say you drove after using marijuana, an OWI charge can follow.
Marijuana misdemeanors from Valparaiso can be filed in Porter County Superior Court 4 at 16 Lincolnway. The Porter County Prosecutor’s Valparaiso office at 157 Franklin Street handles that court’s cases.
Cases filed in the Portage courts are heard at the North County Annex, 3560 Willowcreek Road. That office has its own prosecutors.
A first-time Class B possession charge may qualify for a conditional discharge under IC 35-48-4-12. If you have no prior controlled substance conviction and plead guilty, the judge can pause the case and set conditions. When you meet them, the case is dismissed and no conviction is entered.
Whether this option fits depends on your record and the charges filed, so we look at both early.
What you say and do after an arrest can affect the evidence later. These steps protect your options:
A lawyer can start on the police report, the search, and your statements before your first court date.
A defense starts with how the State got its evidence.
Our approach has 5 steps:
Eric Blankenship has practiced law in Indiana since 2002 and has tried more than 100 court and jury trials.
We weigh every plea offer against what a trial would likely bring.
| Outcome | Case Type |
|---|---|
| Conditional discharge, no conviction | Possession of Marijuana, Class B misdemeanor, Huntington County. Police found marijuana in the client’s car after a traffic stop, and the client had no criminal history. |
| All charges dismissed | 2 counts of Contributing to the Delinquency of a Minor and 1 count of Visiting a Common Nuisance, Porter County. The client was near minors who used drugs, and the State had no proof she helped. |
| All charges dismissed | Neglect of a Dependent and Possession of a Syringe, both Level 6 felonies, Porter County. The defense showed the syringe was not the client’s. She was also meeting her counseling and child welfare requirements. |
Prior results do not guarantee a similar outcome.
The judge reads the charge, explains your rights, and sets the terms for your release if needed. A not guilty plea at this stage keeps your defenses open. Bring any paperwork the police gave you, and we will explain what comes next.
Yes, in some cases. A conditional discharge ends in dismissal once you meet the court’s conditions. We have secured one on a marijuana charge, along with dismissals in other drug cases. We can tell you quickly if your facts fit.
No. Illinois and Michigan law ends at the state line, and Indiana can charge you for the same marijuana. Talk to us before you explain where it came from to the police.
Officers can cite odor as a reason for a search, and that claim can be challenged. We check when the officer says they smelled it. We check what the video shows and whether the stop was lawful.
The State can charge anyone it ties to the marijuana, but sitting in the car is not enough. It must show you knew about the marijuana and could control it. Each person needs their own defense, and we can build yours.
A charge appears in public court records while the case is open. A dismissal or conditional discharge ends the case without a conviction. We can look into an expungement afterward.
Yes. The first phone conversation about your marijuana charge is free and confidential. We can also go over fees on that call, so you know the cost before you decide.
A marijuana case can move from a traffic stop to a court date quickly. The earlier you understand the accusation and the evidence behind it, the clearer your choices become.
Blankenship Law, LLC offers a free consultation with a Valparaiso marijuana defense lawyer. We can tell you your charge level, the penalty you face, and which defenses fit your facts.
Use our contact form to schedule your call.
For charges involving other drugs, see our Valparaiso drug crime defense page.
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