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

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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.

Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-1 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-48-4-1.html


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