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Indiana criminal charge

Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors in Indiana

Current through 2026 Indiana legislative session

Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-4.6. 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 § 35-48-4-4.6.

What is the penalty for unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors in Indiana?

Penalties for Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors
PenaltyRangeBasisAuthority
Jail / prison6 months to 30 months (Delivery/manufacture/distribution of substance represented to be controlled substance — A person knowingly or intentionally delivers, finances delivery, manufactures, finances manufacture, advertises, distributes, or possesses with intent to do so a substance represented to be a controlled substance.; 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)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Delivery/manufacture/distribution of substance represented to be controlled substance — A person knowingly or intentionally delivers, finances delivery, manufactures, finances manufacture, advertises, distributes, or possesses with intent to do so a substance represented to be a controlled substance.)discretionaryInd. Code § 35-50-2-7
Jail / prison1 years to 6 years (Delivery/manufacture/distribution — prior unrelated conviction — The offense under subsection (a) is enhanced when the person has a prior unrelated conviction under this chapter.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Delivery/manufacture/distribution — prior unrelated conviction — The offense under subsection (a) is enhanced when the person has a prior unrelated conviction under this chapter.)discretionaryInd. Code § 35-50-2-6
Jail / prisonup to 60 days (Possession of substance represented to be controlled substance — A person knowingly or intentionally possesses a substance represented to be a controlled substance.)discretionaryInd. Code § 35-50-3-4
Fineup to $500 (Possession of substance represented to be controlled substance — A person knowingly or intentionally possesses a substance represented to be a controlled substance.)discretionaryInd. Code § 35-50-3-4
Jail / prisonup to 1 year (Possession — previous conviction — The possession offense under subsection (c) is enhanced when the person has a previous conviction under this chapter.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Possession — previous conviction — The possession offense under subsection (c) is enhanced when the person has a previous conviction under this chapter.)discretionaryInd. Code § 35-50-3-2

Applies to offenses committed after June 30, 2014 (P.L.158-2013).

How is unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors classified in Indiana?

The classification depends on the circumstances:

Classification variants for Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors
VariantClassificationWhen it appliesStatute
Delivery/manufacture/distribution of substance represented to be controlled substanceLevel 6 FelonyA person knowingly or intentionally delivers, finances delivery, manufactures, finances manufacture, advertises, distributes, or possesses with intent to do so a substance represented to be a controlled substance.Ind. Code § 35-48-4-4.6(a)
Delivery/manufacture/distribution — prior unrelated convictionLevel 5 FelonyThe offense under subsection (a) is enhanced when the person has a prior unrelated conviction under this chapter.Ind. Code § 35-48-4-4.6(a)
Possession of substance represented to be controlled substanceClass C MisdemeanorA person knowingly or intentionally possesses a substance represented to be a controlled substance.Ind. Code § 35-48-4-4.6(c)
Possession — previous convictionClass A MisdemeanorThe possession offense under subsection (c) is enhanced when the person has a previous conviction under this chapter.Ind. Code § 35-48-4-4.6(c)

Common questions about unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors in Indiana

Is unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors a felony or a misdemeanor in Indiana?

It depends on the circumstances: unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors ranges from a Class C Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-48-4-4.6.

Delivery/manufacture/distribution of substance represented to be controlled substance: Level 6 Felony (Ind. Code § 35-48-4-4.6(a)) · Delivery/manufacture/distribution — prior unrelated conviction: Level 5 Felony (Ind. Code § 35-48-4-4.6(a)) · Possession of substance represented to be controlled substance: Class C Misdemeanor (Ind. Code § 35-48-4-4.6(c)) · Possession — previous conviction: Class A Misdemeanor (Ind. Code § 35-48-4-4.6(c))

What are the penalties for unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors in Indiana?

Penalties for unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors in Indiana depend on how it is classified — from a Class C Misdemeanor up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-3-4 and Ind. Code § 35-50-3-2; the full table of ranges by variant is published on this page.

Which Indiana statute covers unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors?

Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors is governed by Ind. Code § 35-48-4-4.6 (Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors).

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.