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Indiana statute

Ind. Code § 35-48-4-7 — Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance

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 § 35-48-4-7

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 § 35-48-4-7Primary source, current through the 2026 Regular Session
Sec. 7. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses a: (1) controlled substance or controlled substance analog (pure or adulterated), classified in schedule I, except marijuana, hashish, or salvia; or (2) controlled substance or controlled substance analog (pure or adulterated), classified in schedule II, III, or IV; commits possession of a controlled substance, a Class A misdemeanor, except as provided in subsection (b). (b) The offense is a Level 6 felony if the person commits the offense and an enhancing circumstance applies. (c) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally obtains: (1) more than four (4) ounces of schedule V controlled substances containing codeine in any given forty-eight (48) hour period unless pursuant to a prescription; (2) a schedule V controlled substance pursuant to written or verbal misrepresentation; or (3) possession of a schedule V controlled substance other than by means of a prescription or by means of signing an exempt narcotic register maintained by a pharmacy licensed by the Indiana state board of pharmacy; commits a Class A misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.