Indiana criminal charge
Dealing in cocaine or narcotic drug in Indiana
Dealing in cocaine or narcotic drug is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-1. 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.
What is the penalty for dealing in cocaine or narcotic drug in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Base offense — dealing in cocaine or narcotic drug — Knowing or intentional manufacture, finance of manufacture, delivery, or finance of delivery of cocaine or a schedule I or II narcotic drug, or possession with intent to do the same, absent the aggravating circumstances in subsections (b) through (e).; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Base offense — dealing in cocaine or narcotic drug — Knowing or intentional manufacture, finance of manufacture, delivery, or finance of delivery of cocaine or a schedule I or II narcotic drug, or possession with intent to do the same, absent the aggravating circumstances in subsections (b) through (e).) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Level 4 felony — 1 to 5 grams, or under 1 gram with enhancing circumstance, or heroin 3-7 grams, or fentanyl under 1 gram — The amount of drug is at least 1 gram but less than 5 grams; or less than 1 gram with an enhancing circumstance; or heroin aggregated 3 to 7 grams over 90 days; or fentanyl containing substance under 1 gram.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Level 4 felony — 1 to 5 grams, or under 1 gram with enhancing circumstance, or heroin 3-7 grams, or fentanyl under 1 gram — The amount of drug is at least 1 gram but less than 5 grams; or less than 1 gram with an enhancing circumstance; or heroin aggregated 3 to 7 grams over 90 days; or fentanyl containing substance under 1 gram.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Level 3 felony — 5 to 10 grams, or 1-5 grams with enhancing circumstance, or heroin/fentanyl thresholds — The amount of drug is at least 5 grams but less than 10 grams; or 1 to 5 grams with an enhancing circumstance; or heroin aggregated 7 to 12 grams (or 3-7 grams with an enhancing circumstance); or fentanyl aggregated 1 to 5 grams (or under 1 gram with an enhancing circumstance).; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Level 3 felony — 5 to 10 grams, or 1-5 grams with enhancing circumstance, or heroin/fentanyl thresholds — The amount of drug is at least 5 grams but less than 10 grams; or 1 to 5 grams with an enhancing circumstance; or heroin aggregated 7 to 12 grams (or 3-7 grams with an enhancing circumstance); or fentanyl aggregated 1 to 5 grams (or under 1 gram with an enhancing circumstance).) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Level 2 felony — 10+ grams, or 5-10 grams with enhancing circumstance, or heroin/fentanyl higher thresholds — The amount of drug is at least 10 grams; or 5 to 10 grams with an enhancing circumstance; or heroin aggregated 12+ grams (or 7-12 grams with an enhancing circumstance); or fentanyl aggregated 5+ grams (or 1-5 grams with an enhancing circumstance).; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Level 2 felony — 10+ grams, or 5-10 grams with enhancing circumstance, or heroin/fentanyl higher thresholds — The amount of drug is at least 10 grams; or 5 to 10 grams with an enhancing circumstance; or heroin aggregated 12+ grams (or 7-12 grams with an enhancing circumstance); or fentanyl aggregated 5+ grams (or 1-5 grams with an enhancing circumstance).) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is dealing in cocaine or narcotic drug classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense — dealing in cocaine or narcotic drug | Level 5 Felony | Knowing or intentional manufacture, finance of manufacture, delivery, or finance of delivery of cocaine or a schedule I or II narcotic drug, or possession with intent to do the same, absent the aggravating circumstances in subsections (b) through (e). | Ind. Code § 35-48-4-1(a) |
| Level 4 felony — 1 to 5 grams, or under 1 gram with enhancing circumstance, or heroin 3-7 grams, or fentanyl under 1 gram | Level 4 Felony | The amount of drug is at least 1 gram but less than 5 grams; or less than 1 gram with an enhancing circumstance; or heroin aggregated 3 to 7 grams over 90 days; or fentanyl containing substance under 1 gram. | Ind. Code § 35-48-4-1(c) |
| Level 3 felony — 5 to 10 grams, or 1-5 grams with enhancing circumstance, or heroin/fentanyl thresholds | Level 3 Felony | The amount of drug is at least 5 grams but less than 10 grams; or 1 to 5 grams with an enhancing circumstance; or heroin aggregated 7 to 12 grams (or 3-7 grams with an enhancing circumstance); or fentanyl aggregated 1 to 5 grams (or under 1 gram with an enhancing circumstance). | Ind. Code § 35-48-4-1(d) |
| Level 2 felony — 10+ grams, or 5-10 grams with enhancing circumstance, or heroin/fentanyl higher thresholds | Level 2 Felony | The amount of drug is at least 10 grams; or 5 to 10 grams with an enhancing circumstance; or heroin aggregated 12+ grams (or 7-12 grams with an enhancing circumstance); or fentanyl aggregated 5+ grams (or 1-5 grams with an enhancing circumstance). | Ind. Code § 35-48-4-1(e) |
Common questions about dealing in cocaine or narcotic drug in Indiana
Is dealing in cocaine or narcotic drug a felony or a misdemeanor in Indiana?
It depends on the circumstances: dealing in cocaine or narcotic drug ranges from a Level 5 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-48-4-1.
Base offense — dealing in cocaine or narcotic drug: Level 5 Felony (Ind. Code § 35-48-4-1(a)) · Level 4 felony — 1 to 5 grams, or under 1 gram with enhancing circumstance, or heroin 3-7 grams, or fentanyl under 1 gram: Level 4 Felony (Ind. Code § 35-48-4-1(c)) · Level 3 felony — 5 to 10 grams, or 1-5 grams with enhancing circumstance, or heroin/fentanyl thresholds: Level 3 Felony (Ind. Code § 35-48-4-1(d)) · Level 2 felony — 10+ grams, or 5-10 grams with enhancing circumstance, or heroin/fentanyl higher thresholds: Level 2 Felony (Ind. Code § 35-48-4-1(e))
What are the penalties for dealing in cocaine or narcotic drug in Indiana?
Penalties for dealing in cocaine or narcotic drug in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers dealing in cocaine or narcotic drug?
Dealing in cocaine or narcotic drug is governed by Ind. Code § 35-48-4-1 (Dealing in cocaine or narcotic drug).
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.