Indiana criminal charge
Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance in Indiana
Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-7. 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 § 35-48-4-7.
What is the penalty for possession of a controlled substance or controlled substance analog; obtaining a schedule v controlled substance in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Possession of a schedule I, II, III, or IV controlled substance (base offense) — A person, without a valid prescription, knowingly or intentionally possesses a controlled substance or controlled substance analog classified in schedule I (except marijuana, hashish, or salvia), or classified in schedule II, III, or IV.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Possession of a schedule I, II, III, or IV controlled substance (base offense) — A person, without a valid prescription, knowingly or intentionally possesses a controlled substance or controlled substance analog classified in schedule I (except marijuana, hashish, or salvia), or classified in schedule II, III, or IV.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Possession of a controlled substance with enhancing circumstance — The offense described in subsection (a) is committed and an enhancing circumstance applies.; 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 (Possession of a controlled substance with enhancing circumstance — The offense described in subsection (a) is committed and an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | up to 1 year (Unlawfully obtaining or possessing schedule V controlled substance — A person, without a valid prescription, knowingly or intentionally obtains more than four ounces of schedule V controlled substances containing codeine in a 48-hour period, obtains a schedule V controlled substance by misrepresentation, or possesses a schedule V controlled substance other than by prescription or exempt narcotic register.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Unlawfully obtaining or possessing schedule V controlled substance — A person, without a valid prescription, knowingly or intentionally obtains more than four ounces of schedule V controlled substances containing codeine in a 48-hour period, obtains a schedule V controlled substance by misrepresentation, or possesses a schedule V controlled substance other than by prescription or exempt narcotic register.) | discretionary | Ind. Code § 35-50-3-2 |
Applies to current.
How is possession of a controlled substance or controlled substance analog; obtaining a schedule v controlled substance classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of a schedule I, II, III, or IV controlled substance (base offense) | Class A Misdemeanor | A person, without a valid prescription, knowingly or intentionally possesses a controlled substance or controlled substance analog classified in schedule I (except marijuana, hashish, or salvia), or classified in schedule II, III, or IV. | Ind. Code § 35-48-4-7(a) |
| Possession of a controlled substance with enhancing circumstance | Level 6 Felony | The offense described in subsection (a) is committed and an enhancing circumstance applies. | Ind. Code § 35-48-4-7(b) |
| Unlawfully obtaining or possessing schedule V controlled substance | Class A Misdemeanor | A person, without a valid prescription, knowingly or intentionally obtains more than four ounces of schedule V controlled substances containing codeine in a 48-hour period, obtains a schedule V controlled substance by misrepresentation, or possesses a schedule V controlled substance other than by prescription or exempt narcotic register. | Ind. Code § 35-48-4-7(c) |
Common questions about possession of a controlled substance or controlled substance analog; obtaining a schedule v controlled substance in Indiana
Is possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance a felony or a misdemeanor in Indiana?
It depends on the circumstances: possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-48-4-7.
Possession of a schedule I, II, III, or IV controlled substance (base offense): Class A Misdemeanor (Ind. Code § 35-48-4-7(a)) · Possession of a controlled substance with enhancing circumstance: Level 6 Felony (Ind. Code § 35-48-4-7(b)) · Unlawfully obtaining or possessing schedule V controlled substance: Class A Misdemeanor (Ind. Code § 35-48-4-7(c))
What are the penalties for possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance in Indiana?
Penalties for possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
Which Indiana statute covers possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance?
Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance is governed by Ind. Code § 35-48-4-7 (Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance).
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.