IC 35-48-4-1 Dealing in cocaine or narcotic drug
Sec. 1. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II;
commits dealing in cocaine or a narcotic drug, a Level 5 felony, except as provided in subsections (b) through (e).
(b) A person may be convicted of an offense under subsection (a)(2) only if:
(1) there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug; or
(2) the amount of the drug involved is at least twenty-eight (28) grams.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams;
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; or
(4) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least one (1) gram but less than three (3) grams.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams;
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams but less than twelve (12) grams;
(4) the drug is heroin and:
(A) the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; and
(B) an enhancing circumstance applies;
(5) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; or
(6) the drug is a fentanyl containing substance and:
(A) the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least one (1) gram but less than three (3) grams; and
(B) an enhancing circumstance applies.
(e) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least ten (10) grams;
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least twelve (12) grams;
(4) the drug is heroin and:
(A) the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams but less than twelve (12) grams; and
(B) an enhancing circumstance applies;
(5) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams; or
(6) the drug is a fentanyl containing substance and:
(A) the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; and
(B) an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.96; Acts 1979, P.L.303, SEC.8; P.L.296-1987, SEC.5; P.L.165-1990, SEC.3; P.L.296-1995, SEC.3; P.L.65-1996, SEC.11; P.L.17-2001, SEC.19; P.L.151-2006, SEC.22; P.L.158-2013, SEC.622; P.L.168-2014, SEC.91; P.L.226-2014(ts), SEC.6; P.L.44-2016, SEC.2; P.L.252-2017, SEC.21; P.L.48-2023, SEC.8.
IC 35-48-4-1.1Dealing in methamphetamine
Sec. 1.1. (a) A person who:
(1) knowingly or intentionally:
(A) delivers; or
(B) finances the delivery of;
methamphetamine, pure or adulterated; or
(2) possesses, with intent to:
(A) deliver; or
(B) finance the delivery of;
methamphetamine, pure or adulterated;
commits dealing in methamphetamine, a Level 5 felony, except as provided in subsections (b) through (e).
(b) A person may be convicted of an offense under subsection (a)(2) only if:
(1) there is evidence in addition to the weight of the drug that the person intended to deliver or finance the delivery of the drug; or
(2) the amount of the drug involved is at least twenty-eight (28) grams.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies.
(e) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least ten (10) grams; or
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies.
As added by P.L.151-2006, SEC.23. Amended by P.L.158-2013, SEC.623; P.L.168-2014, SEC.92; P.L.226-2014(ts), SEC.7; P.L.44-2016, SEC.3; P.L.252-2017, SEC.22.
IC 35-48-4-1.2Manufacturing methamphetamine
Sec. 1.2. (a) A person who knowingly or intentionally manufactures or finances the manufacture of methamphetamine, pure or adulterated, commits manufacturing methamphetamine, a Level 4 felony, except as provided in subsections (b) and (c).
(b) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies.
(c) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least ten (10) grams;
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies;
(3) the manufacture of the drug results in serious bodily injury to a person other than the manufacturer; or
(4) the manufacture of the drug results in the death of a person other than the manufacturer.
As added by P.L.252-2017, SEC.23.
IC 35-48-4-1.5Dealing in a controlled substance by a practitioner
Sec. 1.5. A practitioner (as defined by IC 16-42-19-5) who knowingly or intentionally prescribes a schedule I, II, III, IV, or V controlled substance without a legitimate medical purpose commits dealing in a controlled substance by a practitioner, a Level 4 felony. However, the offense is a Level 3 felony if the offense is the proximate cause of another person’s death.
As added by P.L.31-2016, SEC.2.
IC 35-48-4-2Dealing in a schedule I, II, or III controlled substance or controlled substance analog
Sec. 2. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a controlled substance or controlled substance analog, pure or adulterated, classified in schedule I, except marijuana, hash oil, hashish, or salvia, or a controlled substance, or controlled substance analog, pure or adulterated, classified in schedule II or III; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
a controlled substance or controlled substance analog, pure or adulterated, classified in schedule I, except marijuana, hash oil, hashish, or salvia, or a controlled substance, or controlled substance analog, pure or adulterated, classified in schedule II or III;
commits dealing in a schedule I, II, or III controlled substance, a Level 6 felony, except as provided in subsections (b) through (f).
(b) A person may be convicted of an offense under subsection (a)(2) only if:
(1) there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug; or
(2) the amount of the drug involved is at least twenty-eight (28) grams.
(c) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies.
(d) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies.
(e) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies.
(f) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least twenty-eight (28) grams; or
(2) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams and an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.97; Acts 1979, P.L.303, SEC.9; P.L.296-1987, SEC.6; P.L.165-1990, SEC.4; P.L.296-1995, SEC.4; P.L.65-1996, SEC.12; P.L.17-2001, SEC.20; P.L.138-2011, SEC.13; P.L.182-2011, SEC.13; P.L.158-2013, SEC.624; P.L.168-2014, SEC.93; P.L.226-2014(ts), SEC.8; P.L.44-2016, SEC.4; P.L.80-2019, SEC.23; P.L.61-2020, SEC.9.
IC 35-48-4-3Dealing in a schedule IV controlled substance or controlled substance analog
Sec. 3. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a controlled substance or controlled substance analog, pure or adulterated, classified in schedule IV; or
(2) possesses, with intent to manufacture or deliver, a controlled substance or controlled substance analog, pure or adulterated, classified in schedule IV;
commits dealing in a schedule IV controlled substance, a Class A misdemeanor, except as provided in subsections (b) through (f).
(b) A person may be convicted of an offense under subsection (a)(2) only if:
(1) there is evidence in addition to the weight of the drug that the person intended to manufacture or deliver the controlled substance or controlled substance analog; or
(2) the amount of the drug involved is at least twenty-eight (28) grams.
(c) The offense is a Level 6 felony if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies.
(d) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies.
(e) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies.
(f) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least twenty-eight (28) grams; or
(2) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams and an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.98; P.L.296-1987, SEC.7; P.L.165-1990, SEC.5; P.L.296-1995, SEC.5; P.L.65-1996, SEC.13; P.L.17-2001, SEC.21; P.L.158-2013, SEC.625; P.L.168-2014, SEC.94; P.L.226-2014(ts), SEC.9; P.L.44-2016, SEC.5; P.L.80-2019, SEC.24.
IC 35-48-4-4Dealing in a schedule V controlled substance or controlled substance analog
Sec. 4. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a controlled substance or controlled substance analog, pure or adulterated, classified in schedule V; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
a controlled substance or controlled substance analog, pure or adulterated, classified in schedule V;
commits dealing in a schedule V controlled substance, a Class B misdemeanor, except as provided in subsections (b) through (f).
(b) A person may be convicted of an offense under subsection (a)(2) only if:
(1) there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug; or
(2) the amount of the drug involved is at least twenty-eight (28) grams.
(c) The offense is a Class A misdemeanor if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies.
(d) The offense is a Level 6 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies.
(e) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies.
(f) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least twenty-eight (28) grams; or
(2) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams and an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.99; P.L.296-1987, SEC.8; P.L.165-1990, SEC.6; P.L.296-1995, SEC.6; P.L.65-1996, SEC.14; P.L.17-2001, SEC.22; P.L.158-2013, SEC.626; P.L.168-2014, SEC.95; P.L.226-2014(ts), SEC.10; P.L.44-2016, SEC.6; P.L.80-2019, SEC.25.
IC 35-48-4-4.1Dumping controlled substance waste
Sec. 4.1. (a) A person who dumps, discharges, discards, transports, or otherwise disposes of:
(1) chemicals, knowing the chemicals were used in the illegal manufacture of a controlled substance or an immediate precursor; or
(2) waste, knowing that the waste was produced from the illegal manufacture of a controlled substance or an immediate precursor;
commits dumping controlled substance waste, a Level 6 felony.
(b) It is not a defense in a prosecution under subsection (a) that the person did not manufacture the controlled substance or immediate precursor.
As added by P.L.17-2001, SEC.23. Amended by P.L.158-2013, SEC.627.
IC 35-48-4-4.5Repealed
As added by Acts 1981, P.L.305, SEC.1. Amended by P.L.210-1986, SEC.1; P.L.165-1990, SEC.7; P.L.158-2013, SEC.628. Repealed by P.L.80-2019, SEC.26.
IC 35-48-4-4.6Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors
Sec. 4.6. (a) A person who knowingly or intentionally:
(1) delivers;
(2) finances the delivery of;
(3) manufactures;
(4) finances the manufacture of;
(5) advertises;
(6) distributes; or
(7) possesses with intent to deliver, finance the delivery of, manufacture, finance the manufacture of, advertise, or distribute;
a substance represented to be a controlled substance commits a Level 6 felony. However, the offense is a Level 5 felony if the person has a prior unrelated conviction under this chapter.
(b) A person may be convicted of an offense under subsection (a)(7) only if:
(1) there is evidence in addition to the weight of the substance that the person intended to deliver, finance the delivery of, manufacture, finance the manufacture of, advertise, or distribute the substance; or
(2) the amount of the substance involved is at least twenty-eight (28) grams.
(c) A person who knowingly or intentionally possesses a substance represented to be a controlled substance commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous conviction under this chapter.
(d) In any prosecution brought under this section it is not a defense that the person believed the substance actually was a controlled substance.
(e) This section does not apply to the following:
(1) The manufacture, financing the manufacture of, processing, packaging, distribution, or sale of noncontrolled substances to licensed medical practitioners for use as placebos in professional practice or research.
(2) Persons acting in the course and legitimate scope of their employment as law enforcement officers.
(3) The retention of production samples of noncontrolled substances produced before September 1, 1986, where such samples are required by federal law.
(f) For purposes of this section, a substance represented to be a controlled substance includes any substance, other than a controlled substance or a drug for which a prescription is required under federal or state law, that:
(1) is expressly or impliedly represented to be a controlled substance;
(2) is distributed under circumstances that would lead a reasonable person to believe that the substance is a controlled substance; or
(3) by overall dosage unit appearance, including shape, color, size, markings or lack of markings, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe the substance is a controlled substance.
(g) In determining whether the representations described in subsection (f)(1) have been made, or whether the circumstances of distribution exist as described in subsection (f)(2), the trier of fact may consider the following:
(1) The overall appearance of a dosage unit of the substance, including its shape, color, size, markings or lack of markings, taste, consistency, and any other identifying physical characteristics.
(2) How the substance is packaged for sale or distribution, including the shape, color, size, markings or lack of markings, and any other identifying physical characteristics of the packaging.
(3) Any statement made by the owner or person in control of the substance concerning the substance’s nature, use, or effect.
(4) Any statement made to the buyer or recipient of the substance suggesting or implying that the substance is a controlled substance.
(5) Any statement made to the buyer or recipient of the substance suggesting or implying that the substance may be resold for profit.
(6) The overall circumstances under which the substance is distributed, including whether:
(A) the distribution included an exchange of, or demand for, money or other property as consideration; and
(B) the amount of the consideration was substantially greater than the reasonable retail market value of the substance.
(7) Any other relevant factors.
As added by P.L.210-1986, SEC.2. Amended by P.L.165-1990, SEC.8; P.L.150-1999, SEC.1; P.L.225-2003, SEC.3; P.L.158-2013, SEC.629; P.L.168-2014, SEC.96; P.L.44-2016, SEC.7; P.L.80-2019, SEC.27.
IC 35-48-4-5Dealing in a counterfeit substance
Sec. 5. A person who:
(1) knowingly or intentionally:
(A) creates;
(B) delivers; or
(C) finances the delivery of;
a counterfeit substance; or
(2) possesses, with intent to:
(A) deliver; or
(B) finance the delivery of;
a counterfeit substance;
commits dealing in a counterfeit substance, a Level 6 felony. However, a person may be convicted of an offense under subdivision (2) only if there is evidence in addition to the weight of the counterfeit substance that the person intended to deliver or finance the delivery of the counterfeit substance.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.100; P.L.165-1990, SEC.9; P.L.158-2013, SEC.630; P.L.168-2014, SEC.97; P.L.85-2017, SEC.119.
IC 35-48-4-6Possession of cocaine or narcotic drug
Sec. 6. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses cocaine (pure or adulterated) or a narcotic drug (pure or adulterated) classified in schedule I or II, commits possession of cocaine or a narcotic drug, a Level 6 felony, except as provided in subsections (b) through (d).
(b) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least five (5) but less than ten (10) grams; or
(2) the amount of the drug involved is less than five (5) grams and an enhancing circumstance applies.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) but less than ten (10) grams and an enhancing circumstance applies.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least twenty-eight (28) grams; or
(2) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams and an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.101; Acts 1979, P.L.303, SEC.10; P.L.138-1983, SEC.3; P.L.296-1987, SEC.9; P.L.296-1995, SEC.7; P.L.65-1996, SEC.15; P.L.188-1999, SEC.7; P.L.17-2001, SEC.24; P.L.151-2006, SEC.24; P.L.158-2013, SEC.631; P.L.168-2014, SEC.98.
IC 35-48-4-6.1Possession of methamphetamine
Sec. 6.1. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses methamphetamine (pure or adulterated) commits possession of methamphetamine, a Level 6 felony, except as provided in subsections (b) through (d).
(b) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least five (5) but less than ten (10) grams; or
(2) the amount of the drug involved is less than five (5) grams and an enhancing circumstance applies.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) but less than ten (10) grams and an enhancing circumstance applies.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least twenty-eight (28) grams; or
(2) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams and an enhancing circumstance applies.
As added by P.L.151-2006, SEC.25. Amended by P.L.158-2013, SEC.632; P.L.168-2014, SEC.99; P.L.226-2014(ts), SEC.11.
IC 35-48-4-7Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance
Sec. 7. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses a:
(1) controlled substance or controlled substance analog (pure or adulterated), classified in schedule I, except marijuana, hashish, or salvia; or
(2) controlled substance or controlled substance analog (pure or adulterated), classified in schedule II, III, or IV;
commits possession of a controlled substance, a Class A misdemeanor, except as provided in subsection (b).
(b) The offense is a Level 6 felony if the person commits the offense and an enhancing circumstance applies.
(c) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally obtains:
(1) more than four (4) ounces of schedule V controlled substances containing codeine in any given forty-eight (48) hour period unless pursuant to a prescription;
(2) a schedule V controlled substance pursuant to written or verbal misrepresentation; or
(3) possession of a schedule V controlled substance other than by means of a prescription or by means of signing an exempt narcotic register maintained by a pharmacy licensed by the Indiana state board of pharmacy;
commits a Class A misdemeanor.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.102; P.L.138-1983, SEC.4; P.L.327-1985, SEC.4; P.L.296-1987, SEC.10; P.L.296-1995, SEC.8; P.L.65-1996, SEC.16; P.L.17-2001, SEC.25; P.L.138-2011, SEC.14; P.L.182-2011, SEC.14; P.L.158-2013, SEC.633; P.L.80-2019, SEC.28; P.L.61-2020, SEC.10.
IC 35-48-4-8Repealed
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.103. Repealed by Acts 1980, P.L.115, SEC.5.
IC 35-48-4-8.1Manufacture of paraphernalia
Sec. 8.1. (a) A person who manufactures, finances the manufacture of, or designs an instrument, a device, or other object that is intended to be used primarily for:
(1) introducing into the human body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits a Class A infraction for manufacturing paraphernalia.
(b) A person who:
(1) knowingly or intentionally violates this section; and
(2) has a previous judgment for violation of this section;
commits manufacture of paraphernalia, a Level 6 felony.
As added by Acts 1980, P.L.115, SEC.2. Amended by P.L.202-1989, SEC.3; P.L.165-1990, SEC.10; P.L.158-2013, SEC.634.
