Sec. 3. (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 IV; or
(2) possesses, with intent to manufacture or deliver, a controlled substance or controlled substance analog, pure or adulterated, classified in schedule IV;
commits dealing in a schedule IV controlled substance, a Class A 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 or deliver the controlled substance or controlled substance analog; or
(2) the amount of the drug involved is at least twenty-eight (28) grams.
(c) The offense is a Level 6 felony 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 5 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 4 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 3 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.