For those facing drug dealing charges in Indiana, it's important to understand that the potential consequences are among the most severe. If convicted of drug dealing charges in Indiana, you could face up to 30 years in prison. Therefore, whether the charges have already been placed against you or you are currently under investigation for drug dealing, you should speak with an experienced Indiana criminal defense attorney immediately. Time is of the essence, as your entire future is at stake. For more on the legal issues discussed here, see our drug crime defense overview and What is Possession of a Controlled Substance in Indiana? guide.
Dealing Cocaine or Narcotics in Indiana
Indiana Code 35-48-4-1 states that, "a person who knowingly or intentionally manufactures; finances the manufacture of; delivers; or finances the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or possesses, with intent to manufacture; finance the manufacture of; deliver; or finance the delivery of cocaine or a narcotic drug (such as fentanyl, heroin or other opioids), pure or adulterated, classified in schedule I or II; commits dealing in cocaine or a narcotic drug, a Level 5 felony." This conviction, however, can be escalated to a higher-level felony under certain circumstances, including:
- Level 4 Felony: If the amount of the drug involved is more than 1 gram, but less than 5 grams; or the amount of the drug involved is less than 1 gram, and enhancing circumstances apply; or the drug is heroin and the amount of the drug, aggregated over a period of no more than 90 days, is at least 3 grams but less than 7 grams.
- Level 3 Felony: If the amount of the drug involved is more than 5 grams, but less than 10 grams; or the amount of the drug involved is at least 1 gram but less than 5 grams, and enhancing circumstances apply; or the drug is heroin and the amount of the drug, aggregated over a period of no more than 90 days, is at least 7 grams but less than 12 grams; or the drug is heroin and the amount of the drug, aggregated over a period of no more than 90 days, is at least 3 grams but less than 7 grams, and enhancing circumstances apply.
- Level 2 Felony: If the amount of the drug involved is at least 10 grams; or the amount of the drug involved is at least 5 grams but less than 10 grams, and enhancing circumstances apply; or the drug is heroin and the amount of the drug, aggregated over a period of no more than 90 days, is at least 12 grams; or the drug is heroin and the amount of the drug, aggregated over a period of no more than 90 days, is at least 7 grams but less than 12 grams, and enhancing circumstances apply.
Dealing Marijuana, Hash Oil, Hashish, or Salvia in Indiana
Indiana marijuana laws contained in Indiana Code 35-48-4-10 stipulate that any individual who knowingly or intentionally manufactures (or finances the manufacturing of) marijuana, hash oil, hashish, or salvia; delivers (or finances the delivery) of marijuana, hash oil, hashish, or salvia; or possesses marijuana, hash oil, hashish, or salvia with the intent to take any of the preceding actions commits a Class A Misdemeanor.
This offense may be elevated to a Level 6 felony if the individual has a prior conviction for a drug offense AND the amount of marijuana, is less than 30 grams of marijuana or less than 5 grams of hash oil, hashish, or salvia; or the individual lacks a previous drug-related conviction, but the amount they possessed was between 30 grams and 10 pounds of marijuana or between 5 grams and 300 grams of hash oil, hashish, or salvia.
Furthermore, the offense can be elevated to a Level 5 felony if an individual has a previous drug conviction for a drug dealing offense and the amount of the drug involved is between 30 grams and 10 pounds of marijuana or between 5 grams and 300 grams of hash oil, hashish, or salvia; the amount of marijuana involved is at least 10 pounds or 300 grams of hash oil, hashish, or salvia; the offense involved a sale to a minor; or the person is a retailer who was selling a product that appeared to be hash oil, hashish, or salvia, but had reasonable knowledge that it was marijuana, hash oil, hashish, or salvia.
Dealing Methamphetamine in Indiana
A person who knowingly or intentionally delivers or finances the delivery of methamphetamine, pure or adulterated; or possesses, with intent to deliver or finance the delivery of methamphetamine, pure or adulterated; commits dealing in methamphetamine, a Level 5 felony. Per Indiana Code 35-48-4-1.2, this conviction can be escalated to a higher-level felony under certain circumstances, including:
- Level 4 Felony: If the amount of the drug involved is more than 1 gram, but less than 5 grams; or the amount of the drug involved is less than 1 gram, and enhancing circumstances apply.
- Level 3 Felony: If the amount of the drug involved is more than 5 grams, but less than 10 grams; or the amount of the drug involved is at least 1 gram but less than 5 grams, and enhancing circumstances apply.
- Level 2 Felony: If the amount of the drug involved is at least 10 grams; or the amount of the drug involved is at least 5 grams but less than 10 grams, and enhancing circumstances apply.
Dealing a Schedule I, II, or III Drug in Indiana
Indiana Code 35-48-4-2 states that a person who knowingly or intentionally manufactures; finances the manufacture of; delivers; or finances the delivery of a drug or analog, pure or adulterated, classified in schedule I, II, or III (except marijuana, hashish, hash oil, or salvia) or possesses, with intent to manufacture; finance the manufacture of; deliver; or finance the delivery of a drug or analog, pure or adulterated, classified in schedule I, II, or III, commits a Level 6 felony in Indiana. This conviction can be escalated to a higher-level felony under certain circumstances, including:
- Level 5 Felony: If the amount of the drug involved is more than 1 gram, but less than 5 grams; or the amount of the drug involved is less than 1 gram, and enhancing circumstances apply.
- Level 4 Felony: If the amount of the drug involved is more than 5 grams, but less than 10 grams; or the amount of the drug involved is at least 1 gram but less than 5 grams, and enhancing circumstances apply.
- Level 3 Felony: If the amount of the drug involved is at least 10 grams, but less than 28 grams; or the amount of the drug involved is at least 5 grams but less than 10 grams, and enhancing circumstances apply.
- Level 2 Felony: If the amount of the drug involved is at least 28 grams, or the amount of the drug involved is at least 10 grams but less than 28 grams, and enhancing circumstances apply.
__Facing Drug Dealing Charges in Indiana? Call Mo Today!__
If you're currently under investigation for or facing drug dealing charges in Indiana, you need to contact an Indianapolis drug crimes attorney as soon as possible. These charges carry severe penalties and can have an immensely negative impact on your professional life and reputation going forward. Don't procrastinate when it comes to protecting your rights and your future, instead contact Mo. To schedule your free consultation call us today at (347) 889-4944 or complete our online contact form.
Written by
Moawia K. AlMahareeq