Indiana Code Title 35. Criminal Law and Procedure IN CODE § 35-48-4-1




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 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.

(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;  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 3 felony if:

(1) the amount of the drug involved is at least five (5) 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 2 felony if:

(1) the amount of the drug involved is at least ten (10) grams;  or

(2) the amount of the drug involved is at least five (5) but less than ten (10) grams and an enhancing circumstance applies.


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