Indiana criminal charge
Possession of methamphetamine in Indiana
Possession of methamphetamine is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-6.1. 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 § 35-48-4-6.1.
What is the penalty for possession of methamphetamine in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Base possession of methamphetamine — Possession of methamphetamine without a valid prescription, when none of the aggravating amount/circumstance conditions in subsections (b)-(d) apply.; 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 (Base possession of methamphetamine — Possession of methamphetamine without a valid prescription, when none of the aggravating amount/circumstance conditions in subsections (b)-(d) apply.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Possession (5-10 grams, or under 5 grams with enhancing circumstance) — The amount involved is at least 5 but less than 10 grams, or the amount 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 (5-10 grams, or under 5 grams with enhancing circumstance) — The amount involved is at least 5 but less than 10 grams, or the amount 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 (10-28 grams, or 5-10 grams with enhancing circumstance) — The amount involved is at least 10 but less than 28 grams, or the amount 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 (10-28 grams, or 5-10 grams with enhancing circumstance) — The amount involved is at least 10 but less than 28 grams, or the amount 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 (28 grams or more, or 10-28 grams with enhancing circumstance) — The amount involved is at least 28 grams, or the amount 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 (28 grams or more, or 10-28 grams with enhancing circumstance) — The amount involved is at least 28 grams, or the amount 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 methamphetamine classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base possession of methamphetamine | Level 6 Felony | Possession of methamphetamine without a valid prescription, when none of the aggravating amount/circumstance conditions in subsections (b)-(d) apply. | Ind. Code § 35-48-4-6.1(a) |
| Possession (5-10 grams, or under 5 grams with enhancing circumstance) | Level 5 Felony | The amount involved is at least 5 but less than 10 grams, or the amount is less than 5 grams and an enhancing circumstance applies. | Ind. Code § 35-48-4-6.1(b) |
| Possession (10-28 grams, or 5-10 grams with enhancing circumstance) | Level 4 Felony | The amount involved is at least 10 but less than 28 grams, or the amount is at least 5 but less than 10 grams and an enhancing circumstance applies. | Ind. Code § 35-48-4-6.1(c) |
| Possession (28 grams or more, or 10-28 grams with enhancing circumstance) | Level 3 Felony | The amount involved is at least 28 grams, or the amount is at least 10 but less than 28 grams and an enhancing circumstance applies. | Ind. Code § 35-48-4-6.1(d) |
Common questions about possession of methamphetamine in Indiana
Is possession of methamphetamine a felony or a misdemeanor in Indiana?
It depends on the circumstances: possession of methamphetamine ranges from a Level 6 Felony to a Level 3 Felony in Indiana under Ind. Code § 35-48-4-6.1.
Base possession of methamphetamine: Level 6 Felony (Ind. Code § 35-48-4-6.1(a)) · Possession (5-10 grams, or under 5 grams with enhancing circumstance): Level 5 Felony (Ind. Code § 35-48-4-6.1(b)) · Possession (10-28 grams, or 5-10 grams with enhancing circumstance): Level 4 Felony (Ind. Code § 35-48-4-6.1(c)) · Possession (28 grams or more, or 10-28 grams with enhancing circumstance): Level 3 Felony (Ind. Code § 35-48-4-6.1(d))
What are the penalties for possession of methamphetamine in Indiana?
Penalties for possession of methamphetamine 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 methamphetamine?
Possession of methamphetamine is governed by Ind. Code § 35-48-4-6.1 (Possession of methamphetamine).
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.