Indiana criminal charge
Manufacturing methamphetamine in Indiana
Manufacturing methamphetamine is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-1.2. 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 § 35-48-4-1.2.
What is the penalty for manufacturing methamphetamine in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 12 years (Manufacturing methamphetamine — base offense — A person knowingly or intentionally manufactures or finances the manufacture of methamphetamine, unless subsection (b) or (c) applies.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Manufacturing methamphetamine — base offense — A person knowingly or intentionally manufactures or finances the manufacture of methamphetamine, unless subsection (b) or (c) applies.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Manufacturing methamphetamine (5–10 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 (Manufacturing methamphetamine (5–10 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 (Manufacturing methamphetamine (1–5 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 (Manufacturing methamphetamine (1–5 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 (Manufacturing 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 (Manufacturing 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 (Manufacturing methamphetamine (5–10 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 (Manufacturing methamphetamine (5–10 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 |
| Jail / prison | 10 years to 30 years (Manufacturing methamphetamine resulting in serious bodily injury — The manufacture of the drug results in serious bodily injury to a person other than the manufacturer.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Manufacturing methamphetamine resulting in serious bodily injury — The manufacture of the drug results in serious bodily injury to a person other than the manufacturer.) | discretionary | Ind. Code § 35-50-2-4.5 |
| Jail / prison | 10 years to 30 years (Manufacturing methamphetamine resulting in death — The manufacture of the drug results in the death of a person other than the manufacturer.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Manufacturing methamphetamine resulting in death — The manufacture of the drug results in the death of a person other than the manufacturer.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is manufacturing methamphetamine classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Manufacturing methamphetamine — base offense | Level 4 Felony | A person knowingly or intentionally manufactures or finances the manufacture of methamphetamine, unless subsection (b) or (c) applies. | Ind. Code § 35-48-4-1.2(a) |
| Manufacturing methamphetamine (5–10 grams) | Level 3 Felony | The amount of the drug involved is at least five grams but less than ten grams. | Ind. Code § 35-48-4-1.2(b) |
| Manufacturing methamphetamine (1–5 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 § 35-48-4-1.2(b) |
| Manufacturing methamphetamine (10 grams or more) | Level 2 Felony | The amount of the drug involved is at least ten grams. | Ind. Code § 35-48-4-1.2(c) |
| Manufacturing methamphetamine (5–10 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 § 35-48-4-1.2(c) |
| Manufacturing methamphetamine resulting in serious bodily injury | Level 2 Felony | The manufacture of the drug results in serious bodily injury to a person other than the manufacturer. | Ind. Code § 35-48-4-1.2(c) |
| Manufacturing methamphetamine resulting in death | Level 2 Felony | The manufacture of the drug results in the death of a person other than the manufacturer. | Ind. Code § 35-48-4-1.2(c) |
Common questions about manufacturing methamphetamine in Indiana
Is manufacturing methamphetamine a felony or a misdemeanor in Indiana?
It depends on the circumstances: manufacturing methamphetamine ranges from a Level 4 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-48-4-1.2.
Manufacturing methamphetamine — base offense: Level 4 Felony (Ind. Code § 35-48-4-1.2(a)) · Manufacturing methamphetamine (5–10 grams): Level 3 Felony (Ind. Code § 35-48-4-1.2(b)) · Manufacturing methamphetamine (1–5 grams with enhancing circumstance): Level 3 Felony (Ind. Code § 35-48-4-1.2(b)) · Manufacturing methamphetamine (10 grams or more): Level 2 Felony (Ind. Code § 35-48-4-1.2(c)) · Manufacturing methamphetamine (5–10 grams with enhancing circumstance): Level 2 Felony (Ind. Code § 35-48-4-1.2(c)) · Manufacturing methamphetamine resulting in serious bodily injury: Level 2 Felony (Ind. Code § 35-48-4-1.2(c)) · Manufacturing methamphetamine resulting in death: Level 2 Felony (Ind. Code § 35-48-4-1.2(c))
What are the penalties for manufacturing methamphetamine in Indiana?
Penalties for manufacturing methamphetamine in Indiana depend on how it is classified — from a Level 4 Felony up to a Level 2 Felony — with the ranges set by 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 manufacturing methamphetamine?
Manufacturing methamphetamine is governed by Ind. Code § 35-48-4-1.2 (Manufacturing 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.