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Indiana criminal charge

Dealing in a schedule IV controlled substance or controlled substance analog in Indiana

Current through 2026 Indiana legislative session

Dealing in a schedule IV controlled substance or controlled substance analog is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-3. 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 § 35-48-4-3.

What is the penalty for dealing in a schedule iv controlled substance or controlled substance analog in Indiana?

Penalties for Dealing in a schedule IV controlled substance or controlled substance analog
PenaltyRangeBasisAuthority
Jail / prisonup to 1 year (Base offense — Manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to manufacture or deliver a schedule IV controlled substance or analog, absent the aggravating amounts/circumstances in subsections (b)-(f).)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Base offense — Manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to manufacture or deliver a schedule IV controlled substance or analog, absent the aggravating amounts/circumstances in subsections (b)-(f).)discretionaryInd. Code § 35-50-3-2
Jail / prison6 months to 30 months (Dealing (1-5 grams, or under 1 gram with enhancing circumstance) — Amount involved is at least 1 gram but less than 5 grams, or less than 1 gram with an enhancing circumstance.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Dealing (1-5 grams, or under 1 gram with enhancing circumstance) — Amount involved is at least 1 gram but less than 5 grams, or less than 1 gram with an enhancing circumstance.)discretionaryInd. Code § 35-50-2-7
Jail / prison1 years to 6 years (Dealing (5-10 grams, or 1-5 grams with enhancing circumstance) — Amount involved is at least 5 grams but less than 10 grams, or at least 1 gram but less than 5 grams with an enhancing circumstance.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Dealing (5-10 grams, or 1-5 grams with enhancing circumstance) — Amount involved is at least 5 grams but less than 10 grams, or at least 1 gram but less than 5 grams with an enhancing circumstance.)discretionaryInd. Code § 35-50-2-6
Jail / prison2 years to 12 years (Dealing (10-28 grams, or 5-10 grams with enhancing circumstance) — Amount involved is at least 10 grams but less than 28 grams, or at least 5 grams but less than 10 grams with an enhancing circumstance.; fixed term; advisory sentence 6 years)presumptiveInd. Code § 35-50-2-5.5
Fineup to $10,000 (Dealing (10-28 grams, or 5-10 grams with enhancing circumstance) — Amount involved is at least 10 grams but less than 28 grams, or at least 5 grams but less than 10 grams with an enhancing circumstance.)discretionaryInd. Code § 35-50-2-5.5
Jail / prison3 years to 16 years (Dealing (28 grams or more, or 10-28 grams with enhancing circumstance) — Amount involved is at least 28 grams, or at least 10 grams but less than 28 grams with an enhancing circumstance.; fixed term; advisory sentence 9 years)presumptiveInd. Code § 35-50-2-5
Fineup to $10,000 (Dealing (28 grams or more, or 10-28 grams with enhancing circumstance) — Amount involved is at least 28 grams, or at least 10 grams but less than 28 grams with an enhancing circumstance.)discretionaryInd. Code § 35-50-2-5

Applies to current.

How is dealing in a schedule iv controlled substance or controlled substance analog classified in Indiana?

The classification depends on the circumstances:

Classification variants for Dealing in a schedule IV controlled substance or controlled substance analog
VariantClassificationWhen it appliesStatute
Base offenseClass A MisdemeanorManufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to manufacture or deliver a schedule IV controlled substance or analog, absent the aggravating amounts/circumstances in subsections (b)-(f).Ind. Code § 35-48-4-3(a)
Dealing (1-5 grams, or under 1 gram with enhancing circumstance)Level 6 FelonyAmount involved is at least 1 gram but less than 5 grams, or less than 1 gram with an enhancing circumstance.Ind. Code § 35-48-4-3(c)
Dealing (5-10 grams, or 1-5 grams with enhancing circumstance)Level 5 FelonyAmount involved is at least 5 grams but less than 10 grams, or at least 1 gram but less than 5 grams with an enhancing circumstance.Ind. Code § 35-48-4-3(d)
Dealing (10-28 grams, or 5-10 grams with enhancing circumstance)Level 4 FelonyAmount involved is at least 10 grams but less than 28 grams, or at least 5 grams but less than 10 grams with an enhancing circumstance.Ind. Code § 35-48-4-3(e)
Dealing (28 grams or more, or 10-28 grams with enhancing circumstance)Level 3 FelonyAmount involved is at least 28 grams, or at least 10 grams but less than 28 grams with an enhancing circumstance.Ind. Code § 35-48-4-3(f)

Common questions about dealing in a schedule iv controlled substance or controlled substance analog in Indiana

Is dealing in a schedule IV controlled substance or controlled substance analog a felony or a misdemeanor in Indiana?

It depends on the circumstances: dealing in a schedule IV controlled substance or controlled substance analog ranges from a Class A Misdemeanor to a Level 3 Felony in Indiana under Ind. Code § 35-48-4-3.

Base offense: Class A Misdemeanor (Ind. Code § 35-48-4-3(a)) · Dealing (1-5 grams, or under 1 gram with enhancing circumstance): Level 6 Felony (Ind. Code § 35-48-4-3(c)) · Dealing (5-10 grams, or 1-5 grams with enhancing circumstance): Level 5 Felony (Ind. Code § 35-48-4-3(d)) · Dealing (10-28 grams, or 5-10 grams with enhancing circumstance): Level 4 Felony (Ind. Code § 35-48-4-3(e)) · Dealing (28 grams or more, or 10-28 grams with enhancing circumstance): Level 3 Felony (Ind. Code § 35-48-4-3(f))

What are the penalties for dealing in a schedule IV controlled substance or controlled substance analog in Indiana?

Penalties for dealing in a schedule IV controlled substance or controlled substance analog in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 3 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, 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 schedule IV controlled substance or controlled substance analog?

Dealing in a schedule IV controlled substance or controlled substance analog is governed by Ind. Code § 35-48-4-3 (Dealing in a schedule IV controlled substance or controlled substance analog).

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.