2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-1. Dealing in Cocaine or Narcotic Drug

Sec. 1. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II;
commits dealing in cocaine or a narcotic drug, a Level 5 felony, except as provided in subsections (b) through (e).
(b) A person may be convicted of an offense under subsection (a)(2) only if:
(1) there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug; or
(2) the amount of the drug involved is at least twenty-eight (28) grams.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams;
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; or
(4) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least one (1) gram but less than three (3) grams.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams;
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams but less than twelve (12) grams;
(4) the drug is heroin and:
(A) the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; and
(B) an enhancing circumstance applies;
(5) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; or
(6) the drug is a fentanyl containing substance and:
(A) the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least one (1) gram but less than three (3) grams; and
(B) an enhancing circumstance applies.
(e) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least ten (10) grams;
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies;
(3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least twelve (12) grams;
(4) the drug is heroin and:
(A) the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams but less than twelve (12) grams; and
(B) an enhancing circumstance applies;
(5) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams; or
(6) the drug is a fentanyl containing substance and:
(A) the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; and
(B) an enhancing circumstance applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.96; Acts 1979, P.L.303, SEC.8; P.L.296-1987, SEC.5; P.L.165-1990, SEC.3; P.L.296-1995, SEC.3; P.L.65-1996, SEC.11; P.L.17-2001, SEC.19; P.L.151-2006, SEC.22; P.L.158-2013, SEC.622; P.L.168-2014, SEC.91; P.L.226-2014(ts), SEC.6; P.L.44-2016, SEC.2; P.L.252-2017, SEC.21; P.L.48-2023, SEC.8.