Indiana criminal charge
Dealing in a controlled substance by a practitioner in Indiana
Dealing in a controlled substance by a practitioner is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-1.5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-48-4-1.5.
What is the penalty for dealing in a controlled substance by a practitioner in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 12 years (Dealing in a controlled substance by a practitioner (base offense) — A practitioner knowingly or intentionally prescribes a schedule I, II, III, IV, or V controlled substance without a legitimate medical purpose.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Dealing in a controlled substance by a practitioner (base offense) — A practitioner knowingly or intentionally prescribes a schedule I, II, III, IV, or V controlled substance without a legitimate medical purpose.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Dealing in a controlled substance by a practitioner — resulting in death — The offense (as described above) is elevated when it is the proximate cause of another person's death.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Dealing in a controlled substance by a practitioner — resulting in death — The offense (as described above) is elevated when it is the proximate cause of another person's death.) | discretionary | Ind. Code § 35-50-2-5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is dealing in a controlled substance by a practitioner classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Dealing in a controlled substance by a practitioner (base offense) | Level 4 Felony | A practitioner knowingly or intentionally prescribes a schedule I, II, III, IV, or V controlled substance without a legitimate medical purpose. | Ind. Code § 35-48-4-1.5undefined |
| Dealing in a controlled substance by a practitioner — resulting in death | Level 3 Felony | The offense (as described above) is elevated when it is the proximate cause of another person's death. | Ind. Code § 35-48-4-1.5undefined |
Common questions about dealing in a controlled substance by a practitioner in Indiana
Is dealing in a controlled substance by a practitioner a felony or a misdemeanor in Indiana?
It depends on the circumstances: dealing in a controlled substance by a practitioner ranges from a Level 4 Felony to a Level 3 Felony in Indiana under Ind. Code § 35-48-4-1.5.
Dealing in a controlled substance by a practitioner (base offense): Level 4 Felony (Ind. Code § 35-48-4-1.5) · Dealing in a controlled substance by a practitioner — resulting in death: Level 3 Felony (Ind. Code § 35-48-4-1.5)
What are the penalties for dealing in a controlled substance by a practitioner in Indiana?
Penalties for dealing in a controlled substance by a practitioner in Indiana depend on how it is classified — from a Level 4 Felony up to a Level 3 Felony — with the ranges set by Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-5; the full table of ranges by variant is published on this page.
Which Indiana statute covers dealing in a controlled substance by a practitioner?
Dealing in a controlled substance by a practitioner is governed by Ind. Code § 35-48-4-1.5 (Dealing in a controlled substance by a practitioner).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.