Ind. Code § 35-48-4-2

Current through P.L. 171-2024
Section 35-48-4-2 - Dealing in a schedule I, II, or III controlled substance or controlled substance analog
(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.

IC 35-48-4-2

Amended by P.L. 61-2020,SEC. 9, eff. 7/1/2020.
Amended by P.L. 80-2019,SEC. 23, eff. 7/1/2019.
Amended by P.L. 44-2016, SEC. 4, eff. 7/1/2016.
Amended by P.L. 226-2014, SEC. 8, eff. 7/1/2014.
Amended by P.L. 168-2014, SEC. 93, eff. 7/1/2014.
Amended by P.L. 158-2013, SEC. 624, eff. 7/1/2014.
Amended by P.L. 138-2011, SEC. 13, eff. 7/1/2011.
Amended by P.L. 182-2011, SEC. 13, eff. 7/1/2011.
As added by Acts1976 , P.L. 148, SEC.7. Amended by Acts1977 , P.L. 340, SEC.97; Acts1979 , 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.