Sec. 5. A person who:
(1) knowingly or intentionally:
(A) creates;
(B) delivers; or
(C) finances the delivery of;
a counterfeit substance; or
(2) possesses, with intent to:
(A) deliver; or
(B) finance the delivery of;
a counterfeit substance;
commits dealing in a counterfeit substance, a Level 6 felony. However, a person may be convicted of an offense under subdivision (2) only if there is evidence in addition to the weight of the counterfeit substance that the person intended to deliver or finance the delivery of the counterfeit substance.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.100; P.L.165-1990, SEC.9; P.L.158-2013, SEC.630; P.L.168-2014, SEC.97; P.L.85-2017, SEC.119.
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