Indiana criminal charge
Dealing in methamphetamine in Indiana
Dealing in methamphetamine is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-1.1. 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 § 35-48-4-1.1.
What is the penalty for dealing in methamphetamine in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Dealing in methamphetamine — base offense — Knowingly or intentionally delivering, financing delivery of, or possessing with intent to deliver or finance delivery of methamphetamine, absent the aggravating amounts/circumstances in subsections (b) through (e).; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Dealing in methamphetamine — base offense — Knowingly or intentionally delivering, financing delivery of, or possessing with intent to deliver or finance delivery of methamphetamine, absent the aggravating amounts/circumstances in subsections (b) through (e).) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Dealing in methamphetamine — 1 to 5 grams — The amount of the drug involved is at least one gram but less than five grams.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Dealing in methamphetamine — 1 to 5 grams — The amount of the drug involved is at least one gram but less than five grams.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 2 years to 12 years (Dealing in methamphetamine — under 1 gram with enhancing circumstance — The amount of the drug involved is less than one gram and an enhancing circumstance applies.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Dealing in methamphetamine — under 1 gram with enhancing circumstance — The amount of the drug involved is less than one gram and an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Dealing in methamphetamine — 5 to 10 grams — The amount of the drug involved is at least five grams but less than ten grams.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Dealing in methamphetamine — 5 to 10 grams — The amount of the drug involved is at least five grams but less than ten grams.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 3 years to 16 years (Dealing in methamphetamine — 1 to 5 grams with enhancing circumstance — The amount of the drug involved is at least one gram but less than five grams and an enhancing circumstance applies.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Dealing in methamphetamine — 1 to 5 grams with enhancing circumstance — The amount of the drug involved is at least one gram but less than five grams and an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Dealing in methamphetamine — 10 grams or more — The amount of the drug involved is at least ten grams.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Dealing in methamphetamine — 10 grams or more — The amount of the drug involved is at least ten grams.) | discretionary | Ind. Code § 35-50-2-4.5 |
| Jail / prison | 10 years to 30 years (Dealing in methamphetamine — 5 to 10 grams with enhancing circumstance — The amount of the drug involved is at least five grams but less than ten grams and an enhancing circumstance applies.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Dealing in methamphetamine — 5 to 10 grams with enhancing circumstance — The amount of the drug involved is at least five grams but less than ten grams and an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is dealing in methamphetamine classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Dealing in methamphetamine — base offense | Level 5 Felony | Knowingly or intentionally delivering, financing delivery of, or possessing with intent to deliver or finance delivery of methamphetamine, absent the aggravating amounts/circumstances in subsections (b) through (e). | Ind. Code § 35-48-4-1.1(a) |
| Dealing in methamphetamine — 1 to 5 grams | Level 4 Felony | The amount of the drug involved is at least one gram but less than five grams. | Ind. Code § 35-48-4-1.1(c) |
| Dealing in methamphetamine — under 1 gram with enhancing circumstance | Level 4 Felony | The amount of the drug involved is less than one gram and an enhancing circumstance applies. | Ind. Code § 35-48-4-1.1(c) |
| Dealing in methamphetamine — 5 to 10 grams | Level 3 Felony | The amount of the drug involved is at least five grams but less than ten grams. | Ind. Code § 35-48-4-1.1(d) |
| Dealing in methamphetamine — 1 to 5 grams with enhancing circumstance | Level 3 Felony | The amount of the drug involved is at least one gram but less than five grams and an enhancing circumstance applies. | Ind. Code § 35-48-4-1.1(d) |
| Dealing in methamphetamine — 10 grams or more | Level 2 Felony | The amount of the drug involved is at least ten grams. | Ind. Code § 35-48-4-1.1(e) |
| Dealing in methamphetamine — 5 to 10 grams with enhancing circumstance | Level 2 Felony | The amount of the drug involved is at least five grams but less than ten grams and an enhancing circumstance applies. | Ind. Code § 35-48-4-1.1(e) |
Common questions about dealing in methamphetamine in Indiana
Is dealing in methamphetamine a felony or a misdemeanor in Indiana?
It depends on the circumstances: dealing in methamphetamine ranges from a Level 5 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-48-4-1.1.
Dealing in methamphetamine — base offense: Level 5 Felony (Ind. Code § 35-48-4-1.1(a)) · Dealing in methamphetamine — 1 to 5 grams: Level 4 Felony (Ind. Code § 35-48-4-1.1(c)) · Dealing in methamphetamine — under 1 gram with enhancing circumstance: Level 4 Felony (Ind. Code § 35-48-4-1.1(c)) · Dealing in methamphetamine — 5 to 10 grams: Level 3 Felony (Ind. Code § 35-48-4-1.1(d)) · Dealing in methamphetamine — 1 to 5 grams with enhancing circumstance: Level 3 Felony (Ind. Code § 35-48-4-1.1(d)) · Dealing in methamphetamine — 10 grams or more: Level 2 Felony (Ind. Code § 35-48-4-1.1(e)) · Dealing in methamphetamine — 5 to 10 grams with enhancing circumstance: Level 2 Felony (Ind. Code § 35-48-4-1.1(e))
What are the penalties for dealing in methamphetamine in Indiana?
Penalties for dealing in methamphetamine in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 2 Felony — with the ranges set by 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 methamphetamine?
Dealing in methamphetamine is governed by Ind. Code § 35-48-4-1.1 (Dealing in methamphetamine).
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.