Indiana criminal charge
Dealing in a schedule IV controlled substance or controlled substance analog in Indiana
Dealing in a schedule IV controlled substance or controlled substance analog is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-3. 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 § 35-48-4-3.
What is the penalty for dealing in a schedule iv controlled substance or controlled substance analog in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Base offense — Manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to manufacture or deliver a schedule IV controlled substance or analog, absent the aggravating amounts/circumstances in subsections (b)-(f).) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Base offense — Manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to manufacture or deliver a schedule IV controlled substance or analog, absent the aggravating amounts/circumstances in subsections (b)-(f).) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Dealing (1-5 grams, or under 1 gram with enhancing circumstance) — Amount involved is at least 1 gram but less than 5 grams, or less than 1 gram with an enhancing circumstance.; 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 (Dealing (1-5 grams, or under 1 gram with enhancing circumstance) — Amount involved is at least 1 gram but less than 5 grams, or less than 1 gram with an enhancing circumstance.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Dealing (5-10 grams, or 1-5 grams with enhancing circumstance) — Amount 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 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Dealing (5-10 grams, or 1-5 grams with enhancing circumstance) — Amount 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 § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Dealing (10-28 grams, or 5-10 grams with enhancing circumstance) — Amount 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 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Dealing (10-28 grams, or 5-10 grams with enhancing circumstance) — Amount 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 § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Dealing (28 grams or more, or 10-28 grams with enhancing circumstance) — Amount involved is at least 28 grams, or at least 10 grams but less than 28 grams with an enhancing circumstance.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Dealing (28 grams or more, or 10-28 grams with enhancing circumstance) — Amount involved is at least 28 grams, or at least 10 grams but less than 28 grams with an enhancing circumstance.) | discretionary | Ind. Code § 35-50-2-5 |
Applies to current.
How is dealing in a schedule iv controlled substance or controlled substance analog classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense | Class A Misdemeanor | Manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to manufacture or deliver a schedule IV controlled substance or analog, absent the aggravating amounts/circumstances in subsections (b)-(f). | Ind. Code § 35-48-4-3(a) |
| Dealing (1-5 grams, or under 1 gram with enhancing circumstance) | Level 6 Felony | Amount involved is at least 1 gram but less than 5 grams, or less than 1 gram with an enhancing circumstance. | Ind. Code § 35-48-4-3(c) |
| Dealing (5-10 grams, or 1-5 grams with enhancing circumstance) | Level 5 Felony | Amount 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 § 35-48-4-3(d) |
| Dealing (10-28 grams, or 5-10 grams with enhancing circumstance) | Level 4 Felony | Amount 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 § 35-48-4-3(e) |
| Dealing (28 grams or more, or 10-28 grams with enhancing circumstance) | Level 3 Felony | Amount involved is at least 28 grams, or at least 10 grams but less than 28 grams with an enhancing circumstance. | Ind. Code § 35-48-4-3(f) |
Common questions about dealing in a schedule iv controlled substance or controlled substance analog in Indiana
Is dealing in a schedule IV controlled substance or controlled substance analog a felony or a misdemeanor in Indiana?
It depends on the circumstances: dealing in a schedule IV controlled substance or controlled substance analog ranges from a Class A Misdemeanor to a Level 3 Felony in Indiana under Ind. Code § 35-48-4-3.
Base offense: Class A Misdemeanor (Ind. Code § 35-48-4-3(a)) · Dealing (1-5 grams, or under 1 gram with enhancing circumstance): Level 6 Felony (Ind. Code § 35-48-4-3(c)) · Dealing (5-10 grams, or 1-5 grams with enhancing circumstance): Level 5 Felony (Ind. Code § 35-48-4-3(d)) · Dealing (10-28 grams, or 5-10 grams with enhancing circumstance): Level 4 Felony (Ind. Code § 35-48-4-3(e)) · Dealing (28 grams or more, or 10-28 grams with enhancing circumstance): Level 3 Felony (Ind. Code § 35-48-4-3(f))
What are the penalties for dealing in a schedule IV controlled substance or controlled substance analog in Indiana?
Penalties for dealing in a schedule IV controlled substance or controlled substance analog in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 3 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-5; the full table of ranges by variant is published on this page.
Which Indiana statute covers dealing in a schedule IV controlled substance or controlled substance analog?
Dealing in a schedule IV controlled substance or controlled substance analog is governed by Ind. Code § 35-48-4-3 (Dealing in a schedule IV 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.