Indiana criminal charge
Dealing in a schedule I, II, or III controlled substance or controlled substance analog in Indiana
Dealing in a schedule I, II, or III controlled substance or controlled substance analog is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-48-4-2.
What is the penalty for dealing in a schedule i, ii, or iii controlled substance or controlled substance analog in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Base dealing offense — Manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to do so a schedule I (except marijuana, hash oil, hashish, or salvia), II, or III controlled substance or analog, except as enhanced by subsections (b) through (f).; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Base dealing offense — Manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to do so a schedule I (except marijuana, hash oil, hashish, or salvia), II, or III controlled substance or analog, except as enhanced by subsections (b) through (f).) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Dealing (1–5 grams) — The amount of the drug involved is at least 1 gram but less than 5 grams, or less than 1 gram with an enhancing circumstance.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Dealing (1–5 grams) — The amount of the drug involved is at least 1 gram but less than 5 grams, or less than 1 gram with an enhancing circumstance.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Dealing (5–10 grams) — The amount of the drug involved is at least 5 grams but less than 10 grams, or at least 1 gram but less than 5 grams with an enhancing circumstance.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Dealing (5–10 grams) — The amount of the drug involved is at least 5 grams but less than 10 grams, or at least 1 gram but less than 5 grams with an enhancing circumstance.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Dealing (10–28 grams) — The amount of the drug involved is at least 10 grams but less than 28 grams, or at least 5 grams but less than 10 grams with an enhancing circumstance.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Dealing (10–28 grams) — The amount of the drug involved is at least 10 grams but less than 28 grams, or at least 5 grams but less than 10 grams with an enhancing circumstance.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Dealing (28+ grams) — The amount of the drug involved is at least 28 grams, or at least 10 grams but less than 28 grams with an enhancing circumstance.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Dealing (28+ grams) — The amount of the drug involved is at least 28 grams, or at least 10 grams but less than 28 grams with an enhancing circumstance.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is dealing in a schedule i, ii, or iii controlled substance or controlled substance analog classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base dealing offense | Level 6 Felony | Manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to do so a schedule I (except marijuana, hash oil, hashish, or salvia), II, or III controlled substance or analog, except as enhanced by subsections (b) through (f). | Ind. Code § 35-48-4-2(a) |
| Dealing (1–5 grams) | Level 5 Felony | The amount of the drug involved is at least 1 gram but less than 5 grams, or less than 1 gram with an enhancing circumstance. | Ind. Code § 35-48-4-2(c) |
| Dealing (5–10 grams) | Level 4 Felony | The amount of the drug involved is at least 5 grams but less than 10 grams, or at least 1 gram but less than 5 grams with an enhancing circumstance. | Ind. Code § 35-48-4-2(d) |
| Dealing (10–28 grams) | Level 3 Felony | The amount of the drug involved is at least 10 grams but less than 28 grams, or at least 5 grams but less than 10 grams with an enhancing circumstance. | Ind. Code § 35-48-4-2(e) |
| Dealing (28+ grams) | Level 2 Felony | The amount of the drug involved is at least 28 grams, or at least 10 grams but less than 28 grams with an enhancing circumstance. | Ind. Code § 35-48-4-2(f) |
Common questions about dealing in a schedule i, ii, or iii controlled substance or controlled substance analog in Indiana
Is dealing in a schedule I, II, or III controlled substance or controlled substance analog a felony or a misdemeanor in Indiana?
It depends on the circumstances: dealing in a schedule I, II, or III controlled substance or controlled substance analog ranges from a Level 6 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-48-4-2.
Base dealing offense: Level 6 Felony (Ind. Code § 35-48-4-2(a)) · Dealing (1–5 grams): Level 5 Felony (Ind. Code § 35-48-4-2(c)) · Dealing (5–10 grams): Level 4 Felony (Ind. Code § 35-48-4-2(d)) · Dealing (10–28 grams): Level 3 Felony (Ind. Code § 35-48-4-2(e)) · Dealing (28+ grams): Level 2 Felony (Ind. Code § 35-48-4-2(f))
What are the penalties for dealing in a schedule I, II, or III controlled substance or controlled substance analog in Indiana?
Penalties for dealing in a schedule I, II, or III controlled substance or controlled substance analog in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers dealing in a schedule I, II, or III controlled substance or controlled substance analog?
Dealing in a schedule I, II, or III controlled substance or controlled substance analog is governed by Ind. Code § 35-48-4-2 (Dealing in a schedule I, II, or III controlled substance or controlled substance analog).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.