Indiana criminal charge
Dealing in a schedule V controlled substance or controlled substance analog in Indiana
Dealing in a schedule V controlled substance or controlled substance analog is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-4. 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 § 35-48-4-4.
What is the penalty for dealing in a schedule v controlled substance or controlled substance analog in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Base offense — no aggravating amount or circumstance — Knowingly or intentionally manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to do the same, a schedule V controlled substance or analog, absent the enhancements in subsections (b) through (f).) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Base offense — no aggravating amount or circumstance — Knowingly or intentionally manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to do the same, a schedule V controlled substance or analog, absent the enhancements in subsections (b) through (f).) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up to 1 year (Dealing (1–5 grams, or under 1 gram with enhancing circumstance) — The amount of the drug involved is at least one gram but less than five grams, or less than one gram if an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Dealing (1–5 grams, or under 1 gram with enhancing circumstance) — The amount of the drug involved is at least one gram but less than five grams, or less than one gram if an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Dealing (5–10 grams, or 1–5 grams with enhancing circumstance) — The amount of the drug involved is at least five grams but less than ten grams, or at least one gram but less than five grams if an enhancing circumstance applies.; 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))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Dealing (5–10 grams, or 1–5 grams with enhancing circumstance) — The amount of the drug involved is at least five grams but less than ten grams, or at least one gram but less than five grams if an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Dealing (10–28 grams, or 5–10 grams with enhancing circumstance) — The amount of the drug involved is at least ten grams but less than twenty-eight grams, or at least five grams but less than ten grams if an enhancing circumstance applies.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Dealing (10–28 grams, or 5–10 grams with enhancing circumstance) — The amount of the drug involved is at least ten grams but less than twenty-eight grams, or at least five grams but less than ten grams if an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Dealing (28+ grams, or 10–28 grams with enhancing circumstance) — The amount of the drug involved is at least twenty-eight grams, or at least ten grams but less than twenty-eight grams if an enhancing circumstance applies.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Dealing (28+ grams, or 10–28 grams with enhancing circumstance) — The amount of the drug involved is at least twenty-eight grams, or at least ten grams but less than twenty-eight grams if an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to current.
How is dealing in a schedule v controlled substance or controlled substance analog classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense — no aggravating amount or circumstance | Class B Misdemeanor | Knowingly or intentionally manufacturing, financing manufacture, delivering, financing delivery, or possessing with intent to do the same, a schedule V controlled substance or analog, absent the enhancements in subsections (b) through (f). | Ind. Code § 35-48-4-4(a) |
| Dealing (1–5 grams, or under 1 gram with enhancing circumstance) | Class A Misdemeanor | The amount of the drug involved is at least one gram but less than five grams, or less than one gram if an enhancing circumstance applies. | Ind. Code § 35-48-4-4(c) |
| Dealing (5–10 grams, or 1–5 grams with enhancing circumstance) | Level 6 Felony | The amount of the drug involved is at least five grams but less than ten grams, or at least one gram but less than five grams if an enhancing circumstance applies. | Ind. Code § 35-48-4-4(d) |
| Dealing (10–28 grams, or 5–10 grams with enhancing circumstance) | Level 5 Felony | The amount of the drug involved is at least ten grams but less than twenty-eight grams, or at least five grams but less than ten grams if an enhancing circumstance applies. | Ind. Code § 35-48-4-4(e) |
| Dealing (28+ grams, or 10–28 grams with enhancing circumstance) | Level 4 Felony | The amount of the drug involved is at least twenty-eight grams, or at least ten grams but less than twenty-eight grams if an enhancing circumstance applies. | Ind. Code § 35-48-4-4(f) |
Common questions about dealing in a schedule v controlled substance or controlled substance analog in Indiana
Is dealing in a schedule V controlled substance or controlled substance analog a felony or a misdemeanor in Indiana?
It depends on the circumstances: dealing in a schedule V controlled substance or controlled substance analog ranges from a Class B Misdemeanor to a Level 4 Felony in Indiana under Ind. Code § 35-48-4-4.
Base offense — no aggravating amount or circumstance: Class B Misdemeanor (Ind. Code § 35-48-4-4(a)) · Dealing (1–5 grams, or under 1 gram with enhancing circumstance): Class A Misdemeanor (Ind. Code § 35-48-4-4(c)) · Dealing (5–10 grams, or 1–5 grams with enhancing circumstance): Level 6 Felony (Ind. Code § 35-48-4-4(d)) · Dealing (10–28 grams, or 5–10 grams with enhancing circumstance): Level 5 Felony (Ind. Code § 35-48-4-4(e)) · Dealing (28+ grams, or 10–28 grams with enhancing circumstance): Level 4 Felony (Ind. Code § 35-48-4-4(f))
What are the penalties for dealing in a schedule V controlled substance or controlled substance analog in Indiana?
Penalties for dealing in a schedule V controlled substance or controlled substance analog in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-3-3, Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers dealing in a schedule V controlled substance or controlled substance analog?
Dealing in a schedule V controlled substance or controlled substance analog is governed by Ind. Code § 35-48-4-4 (Dealing in a schedule V 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.