Sec. 1. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II;
commits dealing in cocaine or a narcotic drug, a Level 5 felony, except as provided in subsections (b) through (e).
(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 4 felony if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams;
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies; or
(3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams;
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams but less than twelve (12) grams; or
(4) the drug is heroin and:
(A) the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; and
(B) an enhancing circumstance applies.
(e) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least ten (10) grams;
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least twelve (12) grams; or
(4) the drug is heroin and:
(A) the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams but less than twelve (12) grams; and
(B) an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.96; Acts 1979, P.L.303, SEC.8; P.L.296-1987, SEC.5; P.L.165-1990, SEC.3; P.L.296-1995, SEC.3; P.L.65-1996, SEC.11; P.L.17-2001, SEC.19; P.L.151-2006, SEC.22; P.L.158-2013, SEC.622; P.L.168-2014, SEC.91; P.L.226-2014(ts), SEC.6; P.L.44-2016, SEC.2; P.L.252-2017, SEC.21.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 48. Controlled Substances
Chapter 4. Offenses Relating to Controlled Substances
35-48-4-0.1. Application of Certain Amendments to Chapter
35-48-4-0.5. Controlled Substance Analog; Factors
35-48-4-1. Dealing in Cocaine or Narcotic Drug
35-48-4-1.1. Dealing in Methamphetamine
35-48-4-1.2. Manufacturing Methamphetamine
35-48-4-1.5. Dealing in a Controlled Substance by a Practitioner
35-48-4-2. Dealing in a Schedule I, Ii, or Iii Controlled Substance or Controlled Substance Analog
35-48-4-3. Dealing in a Schedule Iv Controlled Substance or Controlled Substance Analog
35-48-4-4. Dealing in a Schedule v Controlled Substance or Controlled Substance Analog
35-48-4-4.1. Dumping Controlled Substance Waste
35-48-4-5. Dealing in a Counterfeit Substance
35-48-4-6. Possession of Cocaine or Narcotic Drug
35-48-4-6.1. Possession of Methamphetamine
35-48-4-8.1. Manufacture of Paraphernalia
35-48-4-8.3. Possession of Paraphernalia
35-48-4-8.5. Dealing in Paraphernalia
35-48-4-10. Dealing in Marijuana, Hash Oil, Hashish, or Salvia
35-48-4-10.1. Dealing in Smokable Hemp; Exception for Transit Through State
35-48-4-11. Possession of Marijuana, Hash Oil, Hashish, or Salvia
35-48-4-12. Conditional Discharge for Possession as First Offense
35-48-4-12.5. Priority Enrollment in Certain Treatment Programs; Exceptions
35-48-4-14. Offenses Relating to Registration Labeling and Prescription Forms
35-48-4-14.3. Extraction Resistant or Conversion Resistant Ephedrine or Pseudoephedrine
35-48-4-14.5. Possession or Sale of Drug Precursors
35-48-4-16. Defenses to Charge of Selling Narcotics Near School or Park