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Fort Wayne Drug Crimes Attorneys

Standing Up for Those Accused of Controlled Substance Offenses in Allen County, IN

Drug crimes include the manufacture, delivery, possession, or distribution of controlled substances. Regardless of the underlying conduct, these offenses are serious. Depending on the type and amount of drug, as well as whether any aggravating factors were present, an Indiana drug crime can be charged as a misdemeanor or felony. A conviction can result in incarceration, fines, and other sanctions. If you have been accused of an offense, it is crucial that you retain legal representation immediately, as your future and rights are at stake.

At Arnold Terrill, P.C., our Fort Wayne drug crime lawyers have over 75 years of combined legal experience and a passion for protecting the rights of the accused. We provide personalized attention and work closely with those we helped to build innovative and sound defense strategies. As a local criminal defense firm, we have handled controlled substance cases throughout Allen County. We know the tactics prosecutors use to attempt to prove guilt, and we develop defenses to aggressively counter their arguments and seek favorable results on behalf of our clients. When you choose us, you can rest assured that we will explore every legal option to pursue an optimal outcome in your case.

We offer a free initial consultation. Call us at
(888) 912-7220 or contact us online today.

Indiana's Schedule of Controlled Substances

In Indiana, drugs are classified into five different categories. These categories are referred to as controlled substances schedules and are based on the dangerousness of drugs. Many drug crime offenses enumerated in the Indiana Code specifically refer to the schedule a controlled substance is in.

The schedules of controlled substances are as follows:

  • Schedule I:
    • High potential for abuse
    • No accepted medical use
  • Schedule II:
    • High potential for abuse
    • Accepted medical use
    • May lead to severe psychological or physical dependence
  • Schedule III:
    • Lower potential for abuse than Schedule I or II drugs
    • Accepted medical use
    • May lead to moderate or low physical dependence and high psychological dependence
  • Schedule IV:
    • Lower potential for abuse than Schedule III drugs
    • Accepted medical use
    • Limited physical or psychological dependence compared to Schedule III drugs
  • Schedule V:
    • Lower potential for abuse than Schedule IV drugs
    • Accepted medical use
    • Limited physical or psychological dependence compared to Schedule IV drugs

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Types of Drug Crimes in Indiana

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:
    • Less than 1 gram
  • 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:
    • Less than 1 gram
  • 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:
    • Less than 5 grams
  • 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:
    • Less than 1 gram
  • 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:
    • At least 28 grams; or
    • At least 10 grams but less than 28 grams and an enhancing circumstance was present

    • Dealing in a Schedule IV controlled substance (IC 35-48-4-3): Accusations for this crime arise when a person manufactures or possesses with intent to manufacture a Schedule V drug. Violators face the following charges:

    • Class A misdemeanor when the amount of the drug is:
      • Less than 1 gram
    • Level 6 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 5 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 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

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:
    • Less than 1 gram
  • 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:
    • Less than 5 grams
  • 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:
    • Less than 5 grams
  • 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

Schedule a free consultation today by calling (888) 912-7220
or by filling out our online form.

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What Are the Penalties for Drug Crimes in Indiana?

As mentioned before, the level of charge for a Fort Wayne drug crime depends on the conduct involved, the type and amount of drug, and whether any enhancing circumstances were present at the time of the offense. The penalties a court can impose are tied to whether the crime was a misdemeanor or felony.

Below are the possible punishments for drug crime offenses:

  • Class B misdemeanor:

    • Up to 180 days of incarceration

    • Up to $1,000 in fines

  • Class A misdemeanor:

    • Up to 1 year of incarceration

    • Up to $5,000 in fines

  • Level 6 felony:

    • Between 6 months and 2 ½ years of incarceration

    • Up to $10,000 in fines

  • Level 5 felony:

    • Between 1 and 6 years of incarceration

    • Up to $10,000 in fines

  • Level 4 felony:

    • Between 2 and 12 years of incarceration

    • Up to $10,000 in fines

  • Level 3 felony:

    • Between 3 and 16 years of incarceration

    • Up to $10,000 in fines

  • Level 2 felony:

    • Between 10 and 30 years of incarceration

    • Up to $10,000 in fines

You also risk losing your driver's or professional license. A controlled substance offense conviction will result in a mark on your criminal record, which can make it difficult to gain employment or find a place to live.

By retaining the services of an aggressive defense lawyer, you increase the chances of avoiding severe penalties. Reach out to our Fort Wayne drug crimes attorneys today.

Start Building Your Drug Crime Defense

In a controlled substance matter, overzealous law enforcement officials often step beyond the bounds of their authority, conducting, for instance, illegal searches and seizures. A range of defenses may be raised in these types of cases.

At Arnold Terrill, P.C., our Fort Wayne drug crimes lawyers work to uncover mistakes or misconduct occurring at any stage of the investigation or arrest process and vigorously defend the accused.

Start Building Your Defense

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