Quote:
Originally Posted by DeltaHoosier
Also if you look at the statute, it also is for those who are underage and address that those charges are almost always probation and treatment. Indiana ran the same thing. Get caught underage and you get put in to probation and treatment. Everyone knows the earlier in life you start drinking and drugs, them more likely hood you will have bigger issues later.
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Sortof, but you are reading it wrong. Subsection 2 is the general rule, subsection 4 was the carve out for under 21, and subsection 5 provided for a parole and probation assessment for someone under 21 on their first offense. Over 21 and you're stuck with subsection 2.
New rule "flattened" the crime so no distinction between under 21 and 21 and over. New rule is misdemeanor, misdemeanor, gross misdemeanor, felony (on 4th offense). After the change in 2001, all offenders, regardless of age got the option of drug court (diversion program) on 1st and 2nd offenses.