Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-3

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, pure or adulterated, classified in schedule IV;  or

(2) possesses, with intent to manufacture or deliver, a controlled substance, 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

(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.


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