Article 48 of Title 35 of the Indiana Code lists several different drug crimes a person can be charged with in Fort
Wayne. The various chapters of this article concern drug manufacture,
possession with intent, and simple possession.
Some examples of Indiana drug crimes and the level at which they can be
charged are as follows:
Dealing in cocaine or a narcotic drug (IC 35-48-4-1): A person commits this offense if they manufacture or possess with intent
to manufacture cocaine or a narcotic drug. Charges may be levied as follows:
-
Level 5 felony when the amount of the drug is:
-
Level 4 felony when the amount of the drug is:
- At least 1 gram but less than 5 grams; or
- Less than 1 gram and an enhancing circumstance was present
-
Level 3 felony when the amount of the drug is:
- At least 5 grams but less than 10 grams;
- At least 1 gram but less than 5 grams and an enhancing circumstance was present;
- If the drug is heroin, at least 7 grams but less than 12 grams; or
- If the drug is heroin, at least 3 grams but less than 7 grams and an enhancing
circumstance was present
-
Level 2 felony when the amount of the drug is:
- At least 10 grams;
- At least 5 grams but less than 10 grams and an enhancing circumstance was present;
- If the drug is heroin, at least 12 grams; or
- If the drug is heroin, at least 7 grams but less than 12 grams and an enhancing
circumstance was present
Dealing in methamphetamine (IC 35-48-4-1.1): Under this statute, it is illegal for anyone to knowingly or intentionally
deliver or possess with intent to deliver methamphetamine. Charges are
as follows:
-
Level 5 felony when the amount of the drug is:
-
Level 4 felony when the amount of the drug is:
- At least 1 gram but less than 5 grams; or
- Less than 1 gram and an enhancing circumstance was present
-
Level 3 felony when the amount of the drug is:
- At least 5 grams but less than 10 grams; or
- At least 1 gram but less than 5 grams and an enhancing circumstance was present
-
Level 2 felony when the amount of the drug is:
- At least 10 grams; or
- At least 5 grams but less than 10 grams and an enhancing circumstance was present
Manufacturing methamphetamine (IC 35-48-4-1.2): This statute prohibits anyone from knowingly or intentionally producing
meth. The following are the possible charges for the offense:
-
Level 4 felony when the amount of the drug is:
-
Level 3 felony when the amount of the drug is:
- At least 5 grams but less than 10 grams; or
- At least 1 gram but less than 5 grams and an enhancing circumstance was present
-
Level 2 felony when the amount of the drug is:
- At least 10 grams;
- At least 5 grams but less than 10 grams and an enhancing circumstance was
present; or
- When the offense resulted in serious bodily injury or death of another
Dealing in Schedule I, II, or III controlled substances (IC 35-48-4-2): A person may be accused of this offense if they knowingly or intentionally
produced or delivered, or possessed with intent to do either, a Schedule
I, II, or III drug. Charges may be levied as follows:
-
Level 6 felony when the amount of the drug is:
-
Level 5 felony when the amount of the drug is:
- At least 1 gram but less than 5 grams; or
- Less than 1 gram and an enhancing circumstance was present
-
Level 4 felony when the amount of the drug is:
- At least 5 grams but less than 10 grams; or
- At least 1 gram but less than 5 grams and an enhancing circumstance was present
-
Level 3 felony when the amount of the drug is:
- At least 10 grams but less than 28 grams; or
- At least 5 grams but less than 10 grams and an enhancing circumstance was present
-
Level 2 felony when the amount of the drug is:
Dealing in a Schedule V controlled substance (IC 35-48-4-4): This offense is committed when a person knowingly or intentionally manufactures,
delivers, or possesses with intent to do either a Schedule V controlled
substance. Alleged offenders may be prosecuted as follows:
-
Class B misdemeanor when the amount of the drug is:
-
Class A misdemeanor when the amount of the drug is:
- At least 1 gram but less than 5 grams; or
- Less than 1 gram and an enhancing circumstance was present
-
Level 6 felony when the amount of the drug is:
- At least 5 grams but less than 10 grams; or
- At least 1 gram but less than 5 grams and an enhancing circumstance was present
-
Level 5 felony when the amount of the drug is:
- At least 10 grams but less than 28 grams; or
- At least 5 grams but less than 10 grams and an enhancing circumstance was present
-
Level 4 felony when the amount of the drug is:
- At least 28 grams; or
- At least 10 grams but less than 28 grams and an enhancing circumstance
was present
Possession of cocaine or narcotic drug (IC 35-48-4-6): A person may be charged with this offense if they possess cocaine but
do not have a valid prescription for it. Charges are as follows:
-
Level 6 felony when the amount of the drug is:
-
Level 5 felony when the amount of the drug is:
- At least 5 grams but less than 10 grams; or
- Less than 5 grams and an enhancing circumstance was present
-
Level 4 felony when the amount of the drug is:
- At least 10 grams but less than 28 grams; or
- At least 5 grams but less than 10 grams and an enhancing circumstance was present
-
Level 3 felony when the amount of the drug is:
- At least 28 grams; or
- At least 10 grams but less than 28 grams and an enhancing circumstance
was present
Possession of methamphetamine (IC 35-48-4-6.1): A person violates this statute if they possess meth without a valid prescription.
The charges for this offense are as follows:
-
Level 6 felony when the amount of the drug is:
-
Level 5 felony when the amount of the drug is:
- At least 5 grams but less than 10 grams; or
- Less than 5 grams and an enhancing circumstance was present
-
Level 4 felony when the amount of the drug is:
- At least 10 grams but less than 28 grams; or
- At least 5 grams but less than 10 grams and an enhancing circumstance was present
-
Level 3 felony when the amount of the drug is:
- At least 28 grams; or
- At least 10 but less than 28 grams and an enhancing circumstance was present
Possession of a controlled substance (IC 35-48-4-7): It is unlawful for anyone to knowingly or intentionally possess a Schedule
I drug or a Schedule II, III, IV, or V drug without a valid prescription.
This offense may be charged as follows:
- Class A misdemeanor
- Level 6 felony when enhancing circumstances are present (applies to Schedule
I, II, III, and IV controlled substances)
Dealing in marijuana (IC 35-48-4-10): This law prohibits anyone from knowingly or intentionally manufacturing
or possessing with intent to manufacture marijuana, hash oil, hashish,
or salvia. The charges for this offense may be levied as follows:
- Class A misdemeanor
-
Level 6 felony when:
-
The defendant has a prior drug crime conviction, and they had
- Less than 30 grams of marijuana; or
- Less than 5 grams of hash oil, hashish, or salvia; or
-
The defendant had:
- At least 30 grams but less than 10 pounds of marijuana; or
- At least 5 grams but less than 300 grams of hash oil, hashish, or salvia
-
Level 5 felony when:
-
The defendant has a prior drug crime conviction, and they had
- At least 30 grams but less than 10 pounds of marijuana; or
- At least 5 grams but less than 300 grams of hash oil, hashish, or salvia; or
-
The defendant had:
- At least 10 pounds of marijuana; or
- At least 300 grams of hash oil, hashish, or salvia; or
- The defendant sold the drug to a minor
Possession of marijuana (IC 35-48-4-11): A person may be accused of this offense if they intentionally possess marijuana,
hash oil, hashish, or salvia; or they intentionally grow marijuana. The
following are the charges levied for this offense:
- Class B misdemeanor
-
Class A misdemeanor when:
- The defendant has a prior drug crime conviction, and
- The drug appeared to be low THC hemp extract
-
Level 6 felony when:
-
The defendant has a prior drug crime conviction, and they had
- At least 30 grams of marijuana; or
- At least 5 grams of hash oil, hashish, or salvia
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