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Indiana statute

Ind. Code § 35-48-4-2 — Dealing in a schedule I, II, or III controlled substance or controlled substance analog

Current through 2026 Regular Session

Part of Chapter 4: Offenses Relating to Controlled Substances, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 35-48-4-2

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-48-4-2Primary source, current through the 2026 Regular Session
Sec. 2. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; a controlled substance or controlled substance analog, pure or adulterated, classified in schedule I, except marijuana, hash oil, hashish, or salvia, or a controlled substance, or controlled substance analog, pure or adulterated, classified in schedule II or III; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; a controlled substance or controlled substance analog, pure or adulterated, classified in schedule I, except marijuana, hash oil, hashish, or salvia, or a controlled substance, or controlled substance analog, pure or adulterated, classified in schedule II or III; commits dealing in a schedule I, II, or III controlled substance, a Level 6 felony, except as provided in subsections (b) through (f). (b) A person may be convicted of an offense under subsection (a)(2) only if: (1) there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug; or (2) the amount of the drug involved is at least twenty-eight (28) grams. (c) The offense is a Level 5 felony if: (1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or (2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies. (d) The offense is a Level 4 felony if: (1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or (2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies. (e) The offense is a Level 3 felony if: (1) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams; or (2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies. (f) The offense is a Level 2 felony if: (1) the amount of the drug involved is at least twenty-eight (28) grams; or (2) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams and an enhancing circumstance applies.

Official sources

Legal terms used in this section

Questions this section answers

Is dealing in a schedule I, II, or III controlled substance or controlled substance analog a felony or a misdemeanor in Indiana?

It depends on the circumstances: dealing in a schedule I, II, or III controlled substance or controlled substance analog ranges from a Level 6 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-48-4-2.

Base dealing offense: Level 6 Felony (Ind. Code § 35-48-4-2(a)) · Dealing (1–5 grams): Level 5 Felony (Ind. Code § 35-48-4-2(c)) · Dealing (5–10 grams): Level 4 Felony (Ind. Code § 35-48-4-2(d)) · Dealing (10–28 grams): Level 3 Felony (Ind. Code § 35-48-4-2(e)) · Dealing (28+ grams): Level 2 Felony (Ind. Code § 35-48-4-2(f))

Which Indiana statute covers dealing in a schedule I, II, or III controlled substance or controlled substance analog?

Dealing in a schedule I, II, or III controlled substance or controlled substance analog is governed by Ind. Code § 35-48-4-2 (Dealing in a schedule I, II, or III controlled substance or controlled substance analog).

This reference is informational and is not legal advice.