Section 35-48-4-1 - Dealing in cocaine or narcotic drug(a) A person who: (1) knowingly or intentionally: (B) finances the manufacture of;(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: (B) finance the manufacture of;(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.Amended by P.L. 48-2023,SEC. 8, eff. 7/1/2023.Amended by P.L. 252-2017,SEC. 21, eff. 7/1/2017.Amended by P.L. 44-2016, SEC. 2, eff. 7/1/2016.Amended by P.L. 226-2014, SEC. 6, eff. 7/1/2014.Amended by P.L. 168-2014, SEC. 91, eff. 7/1/2014.Amended by P.L. 158-2013, SEC. 622, eff. 7/1/2014.As added by Acts1976 , P.L. 148, SEC.7. Amended by Acts1977 , P.L. 340, SEC.96; Acts1979 , 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.