A Look at Indiana’s Most Common Drug Dealing Statutes
More and more often, our firm receives calls of defendants being charged with dealing in drugs; thus, it goes without saying that detectives and the state of Indiana must be focusing more and more on charging people with it. That’s because whenever drugs are involved, police and prosecutors are actively looking to add a dealing charge on top of any possession charges they may file. Why? Typically dealing is a higher level offense, and by threatening to file it, they can force defendants to cooperate with them and hand over the names of other, bigger-named dealers, etc.
The old expression of, “it takes a little fish to catch a big fish” comes to mind.
But, what are the most common charges in Indiana for dealing, and what are the penalties? This blog will focus on the most common filings. In almost every single statute, the term “dealing” incorporates the following acts: (1) manufacturing, financing, and/or delivering a drug, and/or (2) possession with intent to manufacture, finance, and/or deliver a drug. So, if a defendant is partaking in any part of the dealing process from manufacturing, to financing, or possessing with intent to do the same, that person is then committing the crime of “dealing.” (Whether you disagree or not!)
Let’s take a look at the most commonly charged crimes.
DEALING IN MARIJUANA: IC 35-48-4-10
When the state of Indiana believes an individual has knowingly or intentionally dealt marijuana, they will files charges as a Class-A Misdemeanor. However, they can file a Level 6 Felony if the person purchasing the drugs is under eighteen (18), the amount involved exceeds thirty (30) grams but less than ten (10) pounds or more than two (2) grams but less than three hundred (300) grams of hashish, hashish oil, salvia, or the person has a prior dealing in marijuana case. The charge can become a Level 5 Felony if the marijuana being dealt is over ten (10) pounds or over three hundred (300) grams of hashish oil, hashish, or salvia on a school bus or within 1,000 feet of a school, public park, family housing complex, or youth center.
DEALING IN COCAINE: IC 35-48-4-1
Any person who knowingly or intentionally deals in cocaine or a narcotic drug (pure or adulterated), as a schedule I or II drug, has committed a Level 5 Felony. However, it can be charged as a Level 4 Felony if there is at least 1 gram, but less than 5 grams, or if there is less than 1 gram and an enhancing circumstance applies. Also, it can be charged as a Level 3 Felony if there are at least 5 grams, but less than 10 grams, or less than 5 grams and an enhancing circumstance applies. Finally, one may be charged with a Level 2 Felony if there were at least 10 grams or at least 5 grams but less than 10 grams and an enhancing circumstance applies. An enhancing circumstance may include the fact that the drug was delivered to someone eighteen (18) or younger and at least three (3) years the junior of the defendant, or , as deals with under this chapter, within a thousand (1,000) feet of a school, public park, family housing complex, or youth center.
DEALING IN METHAMPHETAMINE: IC 35-48-4-1.1
Any individual who knowingly/intentionally deals in methamphetamine commits a Level 5 Felony. However, much like Dealing in Cocaine, it can be a Level 4 Felony if there is at least 1 but less than 5 grams or there is less than 1 gram and an enhancing circumstance applies. It can be a level 3 felony if there are at least 5 grams, but less than 10 grams, or less than 5 grams and an enhancing circumstance applies. It may be charged as a Level 2 Felony if there is at least 10 grams, or at least 5, but less than 10 grams and an enhancing circumstance applies. The enhancing circumstances for dealing in cocaine are the same as those previously listed.
DEALING IN A SCHEDULE I, II, OR III CONTROLLED SUBSTANCE: IC 35-48-4-2
To Read What Qualifies as a Schedule I, II, or III Drug, Click Here.
If a defendant is intentionally or knowingly deals in a Schedule I, II, or III drug (except for marijuana, hash oil, hashish, salvia, or synthetic cannabinoid), commits a Level 6 Felony.Once more, it can be charged as a Level 5 Felony if there is at least 1 gram but less than 5 grams or if there is less than one gram and an enhancing circumstance applies. Also, it can be charged as a Level 4 Felony if there was at least 5 grams but less than 10 grams or if there are less than 5 grams and an enhancing circumstance applies. It can be a Level 3 Felony if there are at least 10 grams but less than 28 grams or at least 5 but less than 10 grams and enhancing circumstances apply. Finally, it can be a Level 2 Felony if there are at least 28 grams or there is at least 10 but less than 28 grams and an enhancing circumstance applies.
DEALING IN A SCHEDULE IV CONTROLLED SUBSTANCE: IC 35-48-4-3
To Read What Qualifies as a Schedule IV Drug, Click Here.
Any criminally charged person alleged to have dealt a Schedule IV drug (pure or adulterated), commits a Class-A Misdemeanor. Once more, it can be charged as a Level 6 Felony if there is at least 1 gram but less than 5 grams or if there is less than one gram and an enhancing circumstance applies. Also, it can be charged as a Level 5 Felony if there was at least 5 grams but less than 10 grams or if there are less than 5 grams and an enhancing circumstance applies. It can be a Level 4 Felony if there are at least 10 grams but less than 28 grams or at least 5 but less than 10 grams and enhancing circumstances apply. Finally, it can be a Level 3 Felony if there are at least 28 grams or there is at least 10 but less than 28 grams and an enhancing circumstance applies.
DEALING IN A SCHEDULE V CONTROLLED SUBSTANCE: IC 35-48-4-4
To Read What Qualifies as a Schedule V Drug, Click Here.
If a defendant is alleged to have dealt a Schedule V drug (pure or adulterated), they have committed a Class-B Misdemeanor. Once more, it can be charged as a Class-A Misdemeanor if there is at least 1 gram but less than 5 grams or if there is less than one gram and an enhancing circumstance applies. Also, it can be charged as a Level 6 Felony if there was at least 5 grams but less than 10 grams or if there are less than 5 grams and an enhancing circumstance applies. It can be a Level 5 Felony if there are at least 10 grams but less than 28 grams or at least 5 but less than 10 grams and enhancing circumstances apply. Finally, it can be a Level 4 Felony if there are at least 28 grams or there is at least 10 but less than 28 grams and an enhancing circumstance applies.
DEALING IN A LOOKALIKE CONTROLLED SUBSTANCE: IC 35-48-4-4.5
When a defendant is accused of knowingly or intentionally dealing a lookalike controlled substance that is being held out as a true controlled substance, that person will be charged with a Level 6 Felony. If the substance involved is more than 5 grams or delivered or financed on a school bus or within 500 feet of school property or public park while a person under 18 was reasonably expected to be present, that person will be charged with a Level 5 Felony.
DEALING IN A COUNTERFEIT SUBSTANCE: IC 35-48-4-5
If a person deals in a counterfeit substance, that person has committed a Level 6 Felony.
CONCLUSION:
As anyone can see, the state has an enormous hammer over a defendant’s head when threatening to file a dealing charge along with a possession charge.
Typically, the state is looking for individually wrapped drugs, baggies, grinders, scales, heavier poundage or grams, within a known drug area, etc. However, as the state begins to look to file these cases even more, it’s becoming more and more prevalent that possession of a heavier amount of drugs ALONE may result in a defendant being charged with dealing, too.
If you or a loved one find yourself charged with a dealing related charge, the stakes couldn’t be higher. It’s essential that you hire a law firm with experience litigators that know how to fight these charges where appropriate. As former prosecutors, Brad Banks & Adam Brower both have dealt with hundreds of drug-related offenses. Give them a call today at (317) 870-0019 – 24/7/365 or email them at info@banksbrower.com. We stand ready to defend.