Indiana criminal charge
Possession of cocaine or narcotic drug in Indiana
Possession of cocaine or narcotic drug is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-6. 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 § 35-48-4-6.
What is the penalty for possession of cocaine or narcotic drug in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Possession of cocaine or narcotic drug — base offense — Knowing or intentional possession of cocaine or a schedule I or II narcotic drug without a valid prescription, absent the amount/enhancement circumstances in subsections (b)-(d).; 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 (Possession of cocaine or narcotic drug — base offense — Knowing or intentional possession of cocaine or a schedule I or II narcotic drug without a valid prescription, absent the amount/enhancement circumstances in subsections (b)-(d).) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Possession of cocaine or narcotic drug — 5 to 10 grams, or under 5 grams with enhancing circumstance — The amount of the drug involved is at least 5 but less than 10 grams, or is less than 5 grams and an enhancing circumstance applies.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Possession of cocaine or narcotic drug — 5 to 10 grams, or under 5 grams with enhancing circumstance — The amount of the drug involved is at least 5 but less than 10 grams, or is less than 5 grams and an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Possession of cocaine or narcotic drug — 10 to 28 grams, or 5 to 10 grams with enhancing circumstance — The amount of the drug involved is at least 10 but less than 28 grams, or is at least 5 but less than 10 grams and an enhancing circumstance applies.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Possession of cocaine or narcotic drug — 10 to 28 grams, or 5 to 10 grams with enhancing circumstance — The amount of the drug involved is at least 10 but less than 28 grams, or is at least 5 but less than 10 grams and an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Possession of cocaine or narcotic drug — 28 grams or more, or 10 to 28 grams with enhancing circumstance — The amount of the drug involved is at least 28 grams, or is at least 10 but less than 28 grams and an enhancing circumstance applies.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Possession of cocaine or narcotic drug — 28 grams or more, or 10 to 28 grams with enhancing circumstance — The amount of the drug involved is at least 28 grams, or is at least 10 but less than 28 grams and an enhancing circumstance applies.) | discretionary | Ind. Code § 35-50-2-5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is possession of cocaine or narcotic drug classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of cocaine or narcotic drug — base offense | Level 6 Felony | Knowing or intentional possession of cocaine or a schedule I or II narcotic drug without a valid prescription, absent the amount/enhancement circumstances in subsections (b)-(d). | Ind. Code § 35-48-4-6(a) |
| Possession of cocaine or narcotic drug — 5 to 10 grams, or under 5 grams with enhancing circumstance | Level 5 Felony | The amount of the drug involved is at least 5 but less than 10 grams, or is less than 5 grams and an enhancing circumstance applies. | Ind. Code § 35-48-4-6(b) |
| Possession of cocaine or narcotic drug — 10 to 28 grams, or 5 to 10 grams with enhancing circumstance | Level 4 Felony | The amount of the drug involved is at least 10 but less than 28 grams, or is at least 5 but less than 10 grams and an enhancing circumstance applies. | Ind. Code § 35-48-4-6(c) |
| Possession of cocaine or narcotic drug — 28 grams or more, or 10 to 28 grams with enhancing circumstance | Level 3 Felony | The amount of the drug involved is at least 28 grams, or is at least 10 but less than 28 grams and an enhancing circumstance applies. | Ind. Code § 35-48-4-6(d) |
Common questions about possession of cocaine or narcotic drug in Indiana
Is possession of cocaine or narcotic drug a felony or a misdemeanor in Indiana?
It depends on the circumstances: possession of cocaine or narcotic drug ranges from a Level 6 Felony to a Level 3 Felony in Indiana under Ind. Code § 35-48-4-6.
Possession of cocaine or narcotic drug — base offense: Level 6 Felony (Ind. Code § 35-48-4-6(a)) · Possession of cocaine or narcotic drug — 5 to 10 grams, or under 5 grams with enhancing circumstance: Level 5 Felony (Ind. Code § 35-48-4-6(b)) · Possession of cocaine or narcotic drug — 10 to 28 grams, or 5 to 10 grams with enhancing circumstance: Level 4 Felony (Ind. Code § 35-48-4-6(c)) · Possession of cocaine or narcotic drug — 28 grams or more, or 10 to 28 grams with enhancing circumstance: Level 3 Felony (Ind. Code § 35-48-4-6(d))
What are the penalties for possession of cocaine or narcotic drug in Indiana?
Penalties for possession of cocaine or narcotic drug in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 3 Felony — with the ranges set by 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 possession of cocaine or narcotic drug?
Possession of cocaine or narcotic drug is governed by Ind. Code § 35-48-4-6 (Possession of 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.