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Clark County Drug
Prosecutions
Almost all crimes relating to controlled
substances under the Indiana Code are classified as felony offenses. By Local Court Rules, all
prosecutions of felony drug offenses in Clark County are filed
by the Prosecuting Attorney in the Clark Superior Court #2, Judge
Jerome F. Jacobi presiding.
Misdemeanor drug offenses may be filed in the
Clark Superior Court #3 or any of the City and Town Courts. Misdemeanor drug offenses include Possession of Marijuana
Under 30 Grams (IC 35-48-4-11), Dealing in Marijuana Under 30 Grams (IC 35-48-4-10), Glue Sniffing
(IC 35-46-6-2), Reckless Possession of Paraphernalia (IC 35-48-4-8.3),
Visiting a Common Nuisance (IC 35-48-4-13), and
Using or Distributing Nitrous Oxide (IC 35-46-6-3). Drug offenses committed by offenders under 18 years of age must be filed in the Juvenile Court, Clark Superior Court #1 Judge Vicki Carmichael presiding.
While the number of drug arrests in Clark County remained steady in 2009, the popularity of prescription drugs continued to increase, especially among young offenders.
| 2009 |
Clark
Superior Court #2
|
All other Clark
County Courts
|
|
CONTROLLED SUBSTANCE
|
POSSESSION
|
DEALING
|
POSSESSION
|
DEALING
|
|
Marijuana
|
86 |
20 |
282 |
01 |
|
Hydrocodone (Lortab/Vicodin)
|
64 |
16 |
45 |
00 |
|
Cocaine / Crack
|
58 |
52 |
13 |
00 |
|
Aprazolam (Xanax)
|
55 |
05 |
32 |
01 |
|
Oxycodone (Oxycontin)
|
39 |
22 |
14 |
00 |
|
Methamphetamine
|
12 |
17 |
05 |
00 |
|
Clonazepam (Klonopin)
|
09 |
02 |
11 |
00 |
|
Diazepam (Valium)
|
11 |
01 |
04 |
00 |
|
Methadone
|
07 |
02 |
04 |
00 |
|
MDMA (Ecstacy)
|
06 |
00 |
01 |
00 |
|
Morphine
|
02 |
02 |
02 |
00 |
|
Oxymorphone (Opana)
|
04 |
02 |
00 |
00 |
|
Amphetamine (Adderall)
|
01 |
00 |
03 |
00 |
|
Buprinorphine (Suboxone)
|
01 |
01 |
02 |
00 |
|
Codeine
|
02 |
00 |
02 |
00 |
|
Dextropropoxyphene (Darvocet)
|
03 |
00 |
01 |
00 |
|
Phentermine
|
00 |
00 |
02 |
00 |
|
Lorazepam (Ativan)
|
01 |
00 |
01 |
00 |
|
Carisoprodol (Soma)
|
02 |
00 |
00 |
00 |
|
Hydromorphone (Dilaudid)
|
00 |
01 |
00 |
00 |
|
Zolpidem (Ambien)
|
00 |
00 |
01 |
00 |
|
Testostrin Propionate (Steroid)
|
01 |
00 |
00 |
00 |
|
Possession of Legend Drug (Class D Felony)
|
18 |
35 |
|
Acquiring Controlled Substance by Fraud (Class D Felony)
|
16 |
00 |
|
Obtaining Legend Drug by Fraud (Class D Felony)
|
01 |
23 |
|
Maintaining a Common Nuisance (Class D Felony)
|
91 |
26 |
|
Visiting a Common Nuisance (Class B Misdemeanor)
|
14 |
20 |
|
Manufacture of Paraphernalia (Class A Misdemeanor)
|
00 |
02 |
|
Possession of Paraphernalia (Class A Misdemeanor)
|
41 |
149 |
|
Dealing in Look-Alike Substance (Class D Felony)
|
03 |
00 |
|
Possession of Look-Alike Substance (Class C Misd)
|
00 |
01 |
|
Possession of Syringe (Class D Felony)
|
04 |
00 |
|
Possession of Device to Interfere w/ Drug Testing (Class B Misdemeanor)
|
01 |
00 |
|
Obstruction of Justice (Class D Felony)
|
01 |
00 |
In 2009, a total of 1,401 drug counts were filed in Clark County Courts against 791 defendants. Most cases involve possession or dealing of more than one type of controlled substance. The chart above reflects the filing of each count of possession or dealing of each type of controlled substance.
"Possession" is defined under Indiana law as knowingly in either actual or constructive possession of a controlled substance, so as to exercise dominion and control.
"Dealing" is defined under Indiana law as knowingly or intentionally manufacturing, financing the manufacture, delivering, or financing the delivery of a controlled substance. There is no requirement of a sale, mere transfer is sufficient. "Dealing" may also include possession with intent to manufacture, with intent to finance the manufacture, with intent to deliver, or with intent to finance the delivery of a controlled substance.
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