Call Today for Free Consultation 260.833.7249
Unwavering Commitment to Protecting Your Rights Fort Wayne Criminal Defense Firm

A Drug Buyer isn't a Drug Dealer

Indiana law defines dealing as "a person who knowingly or intentionally delivers or finances the delivery of a controlled substance." So, since a drug buyer pays for the drugs, whether marijuana, cocaine or meth, is he or she "financing" the delivery and thereby "dealing"? The Indiana Court of Appeals says no.

In Hyche v. State, 934 N.E.2d 1176 (Ind. Ct. App. 2010), the Court colorfully explained that "[t]he fact that Defendant called another person to request drugs no more makes him a dealer in ecstasy than it would make a customer who calls the florist a dealer in flowers." The Court also noted purchasing drugs doesn't equal financing the delivery of drugs. Specifically, the Court said "[b]ecause Defendant acted merely as a purchaser and not as a creditor or an investor, he could no more be deemed to be financing the delivery of ecstasy than a grocery shopper could be deemed to be financing the supermarket's inventory."

I don't know if the Justice's had just been on a shopping trip to Meijer's, but the imagery is important nonetheless.

Gregory A. Miller is an experienced Fort Wayne Criminal Defense Lawyer, who can assist with cases involving drug manufacturing, dealing or possession, and can be reached at (260) 426-6666.