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Ind. Code § 35-48-4-1

Dealing in cocaine or narcotic drug

Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 1. (a) A person who:
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
(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
(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;
(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.
(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; or
(4) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved is less than one (1) gram.
(d) The offense is a Level 3 felony if:
(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;
(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;
(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
(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;
(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.
(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;
(5) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least one (1) gram but less than five (5) grams; or
(6) the drug is a fentanyl containing substance and:
(A) the amount of fentanyl containing substance involved is less than one (1) gram; 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;
(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;
(5) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least five (5) grams; or
(6) the drug is a fentanyl containing substance and:
(A) the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least one (1) gram but less than five (5) grams; and
(B) an enhancing circumstance applies.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.