Indiana statute

Ind. Code § 35-48-4-4 — Dealing in a schedule V 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

Dealing in a schedule V controlled substance or controlled substance analog

Full text of Ind. Code § 35-48-4-4

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 § 35-48-4-4Primary source, current through the 2026 Regular Session

Sec. 4. (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 V; 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 V; commits dealing in a schedule V controlled substance, a Class B misdemeanor, 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 Class A misdemeanor 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 6 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 5 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 4 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 V controlled substance or controlled substance analog a felony or a misdemeanor in Indiana?

It depends on the circumstances: dealing in a schedule V controlled substance or controlled substance analog ranges from a Class B Misdemeanor to a Level 4 Felony in Indiana under Ind. Code § 35-48-4-4.

Base offense — no aggravating amount or circumstance: Class B Misdemeanor (Ind. Code § 35-48-4-4(a)) · Dealing (1–5 grams, or under 1 gram with enhancing circumstance): Class A Misdemeanor (Ind. Code § 35-48-4-4(c)) · Dealing (5–10 grams, or 1–5 grams with enhancing circumstance): Level 6 Felony (Ind. Code § 35-48-4-4(d)) · Dealing (10–28 grams, or 5–10 grams with enhancing circumstance): Level 5 Felony (Ind. Code § 35-48-4-4(e)) · Dealing (28+ grams, or 10–28 grams with enhancing circumstance): Level 4 Felony (Ind. Code § 35-48-4-4(f))

Which Indiana statute covers dealing in a schedule V controlled substance or controlled substance analog?

Dealing in a schedule V controlled substance or controlled substance analog is governed by Ind. Code § 35-48-4-4 (Dealing in a schedule V controlled substance or controlled substance analog).

This reference is informational and is not legal advice.