A Look at Drug Related Crimes

Offense Related to Controlled Substances

In this blog, we take a look at some of the offense involving controlled substances. The most common criminal acts related to controlled substances involve dealing, possessing, or manufacturing the controlled substance. The level of severity varies with both the specific act and the type of controlled substance involved. Dealing and manufacturing come with the highest criminal penalties to deter people from bringing these drugs to the market in the first place. For an overview of penalties, click here.

(1) Dealing in a Controlled Substance:

(a) Cocaine or Narcotic Drugs

IC 35-48-4-1(a) provides that it is a Level 5 Felony to knowingly or intentionally (a) manufacture; (b) finance the manufacture; (c) deliver; or (d) finance the delivery of cocaine or a narcotic drug under Schedules I or II. Also, IC 35-48-4-6(a) provides that it is a Level 6 Felony to possess cocaine or a narcotic drug under Schedules I or II.

IC 35-48-4-1(b) enhances the crime under the following circumstances: (i) delivered or financed the delivery to a person under eighteen (18) at least three (3) years junior to the person; (ii) delivered or financed the delivery on a school bus; (iii) delivered or financed the delivery within one thousand (1,000) feet of a school, park, family housing complex, or youth center; or (iv) the amount is greater than or equal to one (1) gram.

(b) Methamphetamines

IC 35-48-4-1.1(a) provides that it is a Level 5 Felony in Indiana to knowingly or intentionally (a) manufacture; (b) finance manufacturing; (c) deliver; or (d) finance the delivery of methamphetamine. Also, IC 35-48-4-6.1(a) provides that it is a Level 6 Felony to possess methamphetamine.

IC 35-48-4-1.1(b) enhances the crime under the following circumstances: (i) delivered or financed the delivery to a person under eighteen (18) at least three (3) years junior to the person; (ii) delivered or financed the delivery on a school bus; (iii) delivered or financed the delivery within one thousand (1,000) feet of a school, park, family housing complex, or youth center; or (iv) the methamphetamine amount is greater than or equal to one (1) gram.

(c) Schedule I, II, or II Controlled Substances

IC 35-48-4-2(a) states that it is a Level 6 Felony to knowingly or intentionally (a) manufacture; (b) finance the manufacture; (c) deliver; or (d) finance the delivery of a Schedule I, II, or III controlled substance. Further, IC 35-48-4-7(a) makes it a Level 5 Felony to possess a Schedule I, II, or III controlled substance. However, it is important to note that this statute is not applicable to marijuana hash oil, hashish, saliva, or synthetic cannabinoid.

IC 35-48-4-2(b) enhances the crime  under the following circumstances: (i) delivered or financed the delivery to a person under eighteen (18) at least three (3) years junior to the person; (ii) delivered or financed the delivery on a school bus; or (iii) delivered or financed the delivery within one thousand (1,000) feet of a school, park, family housing complex, or youth center.

(d) Schedule IV Controlled Substance

IC 35-48-4-3(a) makes it a Class-A Misdemeanor to knowingly or intentionally (a) manufacture; (b) finance the manufacture; (c) deliver; or (d) finance the delivery of a Schedule IV controlled substance. Further, IC 35-48-4-7(a) makes it a Class-A Misdemeanor to possess a Schedule IV controlled substance.

IC 35-48-4-3(b) enhances the crime under the following circumstances: (i) delivered or financed the delivery to a person under eighteen (18) at least three (3) years junior to the person; (ii) delivered or financed the delivery on a school bus; or (iii) delivered or financed the delivery within one thousand (1,000) feet of a school, park, family housing complex, or youth center.

(e) Schedule V Controlled Substance

IC 35-48-4-4(a) makes it a Class-B Misdemeanor to knowingly or intentionally (a) manufacture; (b) finance the manufacture; (c) deliver; or (d) finance the delivery of a Schedule V controlled substance.

IC 35-48-4-4(b) enhances the crime under the following circumstances: (i) delivered or financed the delivery to a person under eighteen (18) at least three (3) years junior to the person; (ii) delivered or financed the delivery on a school bus; or (iii) delivered or financed the delivery within one thousand (1,000) feet of a school, park, family housing complex, or youth center.

(f) Marijuana, Hash Oil, Hashish, and Salvia

The last substance we will cover is marijuana. IC 35-48-4-10 makes it a Level 6 Felony to knowingly or intentionally (a) manufacture; (b) finance the manufacture; (c) deliver; or (d) finance the delivery of marijuana, hash oil, hashish, or salvia.

However, IC 35-48-4-10(b)(1) enhances the crime under the following instances: (i) if the recipient is under eighteen (18) years old; (ii) amount of marijuana is greater than thirty (30) grams but less than ten (10) pounds; (iii) amount of hash oil, hashish, or salvia is greater than two (2) grams but less than three hundred (300) grams; or (iv) the person has a prior conviction under this statute. Additionally, IC 35-48-4-10(b)(2) makes it a Level 5 Felony in the following instances:

(i) amount of marijuana is greater than or equal to ten (10) pounds; (ii) amount of hash oil, hashish, or salvia is greater than or equal to three hundred (300) grams; (iii) a person delivered or financed the delivery of marijuana, hash oil, hashish, or salvia on a school bus or within one thousand (1,000) feet of a school, park, family housing complex, or youth center.

(2) Possession

(a) Cocaine or Narcotic Drugs

Indiana does not make it a crime to possess if the person has a valid prescription from a practitioner acting in their professional practice. IC 35-48-4-6(a) makes it a Level 6 Felony to knowingly or intentionally possess cocaine or a narcotic drug in Schedule I or II.

However, there are several provisions which enhance possession above a Level 6 Felony. First, the crime becomes a Level 5 Felony if the amount is at least 5 but less than 10 grams. Second, the crime becomes a Level 4 Felony if one possesses at least 10 but less than 28 grams. Third, the crime becomes a Level 3 felony if one possesses at least 28 grams. The enhancing circumstances for dealing also apply to any possession charge.

(b) Methamphetamine

Indiana does not make it a crime to possess if the person has a valid prescription from a practitioner acting in their professional practice. IC 35-48-4-6.1(a) makes it a Level 6 Felony to knowingly or intentionally possess methamphetamine.

However, there are several provisions which enhance possession above a Level 6 Felony. First, the crime becomes a Level 5 Felony if the amount is at least 5 but less than 10 grams. Second, the crime becomes a Level 4 Felony if one possesses at least 10 but less than 28 grams. Third, the crime becomes a Level 3 felony if one possesses at least 28 grams. The enhancing circumstances for dealing also apply to any possession charge.

(c) Schedule I-V

Indiana does not make it a crime to possess if the person has a valid prescription from a practitioner acting in their profession. IC 35-48-4-7(a) makes it a Class-A Misdemeanor to knowingly or intentionally possess a Schedule I, II, III, or IV controlled substance. Although, the following are not included: possession of marijuana, hashish, salvia, or a synthetic cannabinoid. This crime is enhanced if possession is on a school bus or within one thousand (1,000) feet of school property, a park, a family housing complex, or a youth program center.

Moreover, IC 35-48-4-7(b) makes it a Level 6 Felony to knowingly or intentionally obtain: (i) in a forty-eight (48) hour period without a prescription, greater than four (4) ounces of Schedule V substances containing codeine; (ii) a Schedule V substance by means of misrepresentation; or (iii) possession of a Schedule V substance by alternative means of a prescription or signing an exempt narcotic register by a pharmacy licensed by the state regulatory board.

(d) Marijuana, Hash Oil, Hashish, and Salvia

In Indiana, IC 35-48-4-11 makes it a Class-B Misdemeanor to knowingly or intentionally possess marijuana, hash oil, hashish, or salvia or grow or cultivate marijuana. Further, it is a Class A Misdemeanor to fail to destroy a marijuana plant on one’s property if they know that marijuana is growing.

This is enhanced to a Level 6 Felony in the following instances: (a) if the amount of marijuana is greater than thirty (30) grams; (b) if the amount of hash oil, hashish, or salvia is greater than two (2) grams; or (c) the person has a prior conviction under this statute.

If you are facing a criminal charge related to manufacturing, dealing, or possession of a controlled substance, give the experienced Indianapolis Criminal Defense Attorneys at Banks & Brower a call today. Our number is 317.870.0019. We answer our phones 24/7/365. Or, shoot us an e-mail today at info@banksbrower.com.  You can schedule a free no obligation consultation at our main office in Indianapolis, or our satellite office in Fishers.  Contact us now.