Indiana § 35-48-4-1 Dealing in cocaine or narcotic drug

Indiana Statutes

§ 35-48-4-1 — Dealing in cocaine or narcotic drug

Indiana § 35-48-4-1

Art. 48CONTROLLED SUBSTANCES

Ch. 4Offenses Relating to Controlled Substances

This text of Indiana § 35-48-4-1 (Dealing in cocaine or narcotic drug) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-48-4-1 (2026).

Text

(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

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(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;
(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:
(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;
(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.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts
1977, P.L.340, SEC.96; Acts 1979, P.L.303, SEC.8; P.L.296-1987,
SEC.5; P.L.165-1990, SEC.3; P.L.296-1995, SEC.3; P.L.65-1996,
SEC.11; P.L.17-2001, SEC.19; P.L.151-2006, SEC.22; P.L.158-2013,
SEC.622; P.L.168-2014, SEC.91; P.L.226-2014(ts), SEC.6;
P.L.44-2016, SEC.2; P.L.252-2017, SEC.21; P.L.48-2023, SEC.8;
P.L.197-2025, SEC.3.