Indiana criminal charge
Possession or sale of drug precursors in Indiana
Possession or sale of drug precursors is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-14.5. 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 § 35-48-4-14.5.
What is the penalty for possession or sale of drug precursors in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Possession of more than 10 grams of ephedrine/pseudoephedrine/phenylpropanolamine — A person possesses more than ten grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated.; 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 more than 10 grams of ephedrine/pseudoephedrine/phenylpropanolamine — A person possesses more than ten grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Possession of more than 10 grams of ephedrine/pseudoephedrine/phenylpropanolamine — firearm or proximity to school/park — The person possessed a firearm while possessing more than ten grams of the substance, or possessed it within 500 feet of school property or a public park while a minor was reasonably expected to be present.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Possession of more than 10 grams of ephedrine/pseudoephedrine/phenylpropanolamine — firearm or proximity to school/park — The person possessed a firearm while possessing more than ten grams of the substance, or possessed it within 500 feet of school property or a public park while a minor was reasonably expected to be present.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 6 months to 30 months (Possession of anhydrous ammonia with intent to manufacture — A person possesses anhydrous ammonia or ammonia solution with intent to manufacture methamphetamine or amphetamine.; 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 anhydrous ammonia with intent to manufacture — A person possesses anhydrous ammonia or ammonia solution with intent to manufacture methamphetamine or amphetamine.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Possession of anhydrous ammonia with intent to manufacture — firearm or proximity to school/park — The person possessed a firearm while possessing anhydrous ammonia with intent to manufacture, or did so within 500 feet of school property or a public park while a minor was reasonably expected to be present.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Possession of anhydrous ammonia with intent to manufacture — firearm or proximity to school/park — The person possessed a firearm while possessing anhydrous ammonia with intent to manufacture, or did so within 500 feet of school property or a public park while a minor was reasonably expected to be present.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 6 months to 30 months (Possession of two or more chemical reagents or precursors with intent to manufacture — A person possesses two or more chemical reagents or precursors with the intent to manufacture a controlled substance.; 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 two or more chemical reagents or precursors with intent to manufacture — A person possesses two or more chemical reagents or precursors with the intent to manufacture a controlled substance.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Possession of two or more chemical reagents or precursors with intent to manufacture — firearm or proximity to school/park — The person possessed a firearm while possessing two or more chemical reagents or precursors with intent to manufacture, or did so within 500 feet of school property or a public park while a minor was reasonably expected to be present.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Possession of two or more chemical reagents or precursors with intent to manufacture — firearm or proximity to school/park — The person possessed a firearm while possessing two or more chemical reagents or precursors with intent to manufacture, or did so within 500 feet of school property or a public park while a minor was reasonably expected to be present.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 6 months to 30 months (Unlawful sale of a precursor — A person sells, transfers, distributes, or furnishes a chemical reagent or precursor to another person knowing or intending it will be used to manufacture a controlled substance.; 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 (Unlawful sale of a precursor — A person sells, transfers, distributes, or furnishes a chemical reagent or precursor to another person knowing or intending it will be used to manufacture a controlled substance.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Unlawful sale of a precursor — more than 10 grams — The person sells, transfers, distributes, or furnishes more than ten grams of ephedrine, pseudoephedrine, or phenylpropanolamine.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Unlawful sale of a precursor — more than 10 grams — The person sells, transfers, distributes, or furnishes more than ten grams of ephedrine, pseudoephedrine, or phenylpropanolamine.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 6 months to 30 months (Possession of a precursor by a drug offender — A person previously convicted of a drug-related felony knowingly or intentionally possesses ephedrine, pseudoephedrine, or phenylpropanolamine within seven years of sentencing for that felony, excluding prescribed drugs.; 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 a precursor by a drug offender — A person previously convicted of a drug-related felony knowingly or intentionally possesses ephedrine, pseudoephedrine, or phenylpropanolamine within seven years of sentencing for that felony, excluding prescribed drugs.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is possession or sale of drug precursors classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of more than 10 grams of ephedrine/pseudoephedrine/phenylpropanolamine | Level 6 Felony | A person possesses more than ten grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated. | Ind. Code § 35-48-4-14.5(b) |
| Possession of more than 10 grams of ephedrine/pseudoephedrine/phenylpropanolamine — firearm or proximity to school/park | Level 5 Felony | The person possessed a firearm while possessing more than ten grams of the substance, or possessed it within 500 feet of school property or a public park while a minor was reasonably expected to be present. | Ind. Code § 35-48-4-14.5(b) |
| Possession of anhydrous ammonia with intent to manufacture | Level 6 Felony | A person possesses anhydrous ammonia or ammonia solution with intent to manufacture methamphetamine or amphetamine. | Ind. Code § 35-48-4-14.5(c) |
| Possession of anhydrous ammonia with intent to manufacture — firearm or proximity to school/park | Level 5 Felony | The person possessed a firearm while possessing anhydrous ammonia with intent to manufacture, or did so within 500 feet of school property or a public park while a minor was reasonably expected to be present. | Ind. Code § 35-48-4-14.5(c) |
| Possession of two or more chemical reagents or precursors with intent to manufacture | Level 6 Felony | A person possesses two or more chemical reagents or precursors with the intent to manufacture a controlled substance. | Ind. Code § 35-48-4-14.5(e) |
| Possession of two or more chemical reagents or precursors with intent to manufacture — firearm or proximity to school/park | Level 5 Felony | The person possessed a firearm while possessing two or more chemical reagents or precursors with intent to manufacture, or did so within 500 feet of school property or a public park while a minor was reasonably expected to be present. | Ind. Code § 35-48-4-14.5(f) |
| Unlawful sale of a precursor | Level 6 Felony | A person sells, transfers, distributes, or furnishes a chemical reagent or precursor to another person knowing or intending it will be used to manufacture a controlled substance. | Ind. Code § 35-48-4-14.5(g) |
| Unlawful sale of a precursor — more than 10 grams | Level 5 Felony | The person sells, transfers, distributes, or furnishes more than ten grams of ephedrine, pseudoephedrine, or phenylpropanolamine. | Ind. Code § 35-48-4-14.5(g) |
| Possession of a precursor by a drug offender | Level 6 Felony | A person previously convicted of a drug-related felony knowingly or intentionally possesses ephedrine, pseudoephedrine, or phenylpropanolamine within seven years of sentencing for that felony, excluding prescribed drugs. | Ind. Code § 35-48-4-14.5(h) |
Common questions about possession or sale of drug precursors in Indiana
Is possession or sale of drug precursors a felony or a misdemeanor in Indiana?
It depends on the circumstances: possession or sale of drug precursors ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-48-4-14.5.
Possession of more than 10 grams of ephedrine/pseudoephedrine/phenylpropanolamine: Level 6 Felony (Ind. Code § 35-48-4-14.5(b)) · Possession of more than 10 grams of ephedrine/pseudoephedrine/phenylpropanolamine — firearm or proximity to school/park: Level 5 Felony (Ind. Code § 35-48-4-14.5(b)) · Possession of anhydrous ammonia with intent to manufacture: Level 6 Felony (Ind. Code § 35-48-4-14.5(c)) · Possession of anhydrous ammonia with intent to manufacture — firearm or proximity to school/park: Level 5 Felony (Ind. Code § 35-48-4-14.5(c)) · Possession of two or more chemical reagents or precursors with intent to manufacture: Level 6 Felony (Ind. Code § 35-48-4-14.5(e)) · Possession of two or more chemical reagents or precursors with intent to manufacture — firearm or proximity to school/park: Level 5 Felony (Ind. Code § 35-48-4-14.5(f)) · Unlawful sale of a precursor: Level 6 Felony (Ind. Code § 35-48-4-14.5(g)) · Unlawful sale of a precursor — more than 10 grams: Level 5 Felony (Ind. Code § 35-48-4-14.5(g)) · Possession of a precursor by a drug offender: Level 6 Felony (Ind. Code § 35-48-4-14.5(h))
What are the penalties for possession or sale of drug precursors in Indiana?
Which Indiana statute covers possession or sale of drug precursors?
Possession or sale of drug precursors is governed by Ind. Code § 35-48-4-14.5 (Possession or sale of drug precursors).
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.