Marijuana & OVWI in Indiana: Why I’m Fired Up to Fight These Cases

Initially posted: 1/27/2025 | #MarijuanaLaws #OVWI

By: Attorney Sly Ayoubi

If you think Indiana is stuck in the past when it comes to marijuana laws, you’re absolutely right. While nearly every state surrounding us has embraced some form of legalization, Indiana still treats marijuana possession like it’s the 1980s—harsh penalties, no medical exceptions, and absolutely no leniency. But here’s what really gets me fired up: law enforcement isn’t just handing out possession charges anymore. They’ve shifted gears, aggressively using Operating a Vehicle While Intoxicated (OVWI) laws to go after marijuana users—even when there’s zero proof of impairment.

And that’s where I come in.

As an attorney who thrives on challenging outdated, overreaching laws, I’m more excited than ever to fight these cases using constitutional arguments and legal strategies that I haven’t seen other lawyers use yet. The way Indiana prosecutes marijuana-related OVWIs is riddled with flaws, contradictions, and opportunities for strong defenses—and I plan on exposing every single one of them.

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Indiana’s Backward Marijuana Laws: The Perfect Storm for Overreach

Indiana doesn’t just criminalize marijuana use—it punishes it severely:

• Possession
• Under 30 grams? Class B misdemeanor, up to180 days in jailand a $1,000 fine.
• Over 30 grams or prior convictions?Felony chargeswith even harsher penalties.
• Distribution
• Intent to distribute? That’s afelony, with potentialprison time.
• Medical Marijuana? Forget It.
• Have a medical card from another state?Doesn’t matter.Indiana doesn’t care if your doctor prescribed it—you’re still getting charged.

The kicker? Every state touching Indiana has legalized some form of marijuana. Drive a few miles west into Illinois or north into Michigan, and you’re perfectly legal. But cross the border back into Indiana? Now you’re a criminal.

And if that’s not bad enough, the state has found a sneakier way to go after marijuana users: OVWI charges.

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OVWI: The New Favorite Weapon in Indiana’s Anti-Marijuana War

Indiana law enforcement has figured out that charging people with OVWI (Operating a Vehicle While Intoxicated) is even easier than charging them with simple possession. Here’s why:

• They Don’t Need to Prove You Had Weed On You.
• Unlike a possession charge, where they actually have to find marijuana, an OVWI chargeonly requires THC to be in your system.
• No Proof of Impairment? No Problem.
• Thanks to Indiana’szero-tolerancepolicy, they don’t need to prove you were high when driving.
• Even if you smoked aweek ago, if THC shows up in a chemical test,boom—you’re charged.
• Harsher Penalties = More Leverage Against You.
• OVWI charges can come withautomatic license suspension (minimum 180 days), mandatory drug programs, and steep fines.
• This makes people more likely toplead guiltyrather than fight back.

This lazy, overreaching prosecution strategy is exactly why I’m so pumped to take on these cases. And here’s why you should hire me if you’re facing an OVWI charge:

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I’m Ready to Throw Every Constitutional Argument at These Cases—And I Haven’t Seen Other Lawyers Doing It

While most defense attorneys focus on the same old strategies—plea deals, technicalities, and generic challenges—I take a different approach. I love digging into the constitutional flaws in how Indiana prosecutes these cases. And trust me, there are plenty.

1. Where’s the Proof of Impairment?

Unlike alcohol, which has a clear impairment threshold (0.08 BAC), marijuana doesn’t. Scientific studies show that THC lingers in the body for weeks—meaning a completely sober driver can still test positive. That’s a massive due process violation and something the courts haven’t properly addressed yet.

2. Illegal Searches and Traffic Stops

Indiana officers often justify searches based on the smell of marijuana (State v. Hawkins). But if marijuana is legal just across the border, how reliable is that claim? I’m challenging the constitutionality of these searches at every turn.

3. The THC Test Itself Is Garbage

Chemical testing for THC is wildly unreliable. Factors like metabolism, diet, and even secondhand exposure can lead to false positives. Plus, there’s no standard for what level of THC actually causes impairment. Why is Indiana convicting people based on junk science?

4. Selective and Unfair Enforcement

As surrounding states legalize marijuana, Indiana police ramp up enforcement instead of adjusting to the times. People legally consuming marijuana in Michigan or Illinois can unknowingly get hit with an OVWI in Indiana days later. This is ripe for equal protection challenges.

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Recent Cases That Prove The State’s Flaws

Courts are already questioning the state’s handling of marijuana cases:

• Easler v. State, 233 N.E.3d 982
• Reversed a marijuana conviction because the statecouldn’t prove the THC concentrationin the alleged marijuana cigarette.
• Lakes v. State, 224 N.E.3d 373
• Several marijuana convictionsvacateddue to lack of THC evidence.

If Indiana courts are already tossing weak marijuana cases, OVWI charges based on bad science and unconstitutional enforcement are next in line to crumble.

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Facing an OVWI Charge? You Need an Aggressive Defense. You Need Sly Law LLC.

I don’t take these cases just to go through the motions—I take them because I love exposing the flaws in Indiana’s marijuana enforcement.

• I challenge the chemical tests.
• I attack the legality of the stop and search.
• I make constitutional arguments other lawyers aren’t using.

I want to take on these cases because I believe Indiana’s laws are outdated, unfair, and ripe for challenge. And if you’ve been charged, I want to fight for you.

Don’t let Indiana’s overreach ruin your future. Contact me today for a consultation, and let’s build a defense that not only protects your rights—but also pushes back against a broken system.

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Your rights. Your license. Your future. Let’s fight for them—together.