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Current as of June 08, 2021 | Updated by FindLaw Staff
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; or
(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.
(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; or
(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.
(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; or
(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.
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-1 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-48-4-1.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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