Indiana criminal charge
Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors in Indiana
Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors is a criminal offense under Indiana law, defined by Ind. Code § 35-48-4-4.6. 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 § 35-48-4-4.6.
What is the penalty for unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Delivery/manufacture/distribution of substance represented to be controlled substance — A person knowingly or intentionally delivers, finances delivery, manufactures, finances manufacture, advertises, distributes, or possesses with intent to do so a substance represented to be 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 (Delivery/manufacture/distribution of substance represented to be controlled substance — A person knowingly or intentionally delivers, finances delivery, manufactures, finances manufacture, advertises, distributes, or possesses with intent to do so a substance represented to be a controlled substance.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Delivery/manufacture/distribution — prior unrelated conviction — The offense under subsection (a) is enhanced when the person has a prior unrelated conviction under this chapter.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Delivery/manufacture/distribution — prior unrelated conviction — The offense under subsection (a) is enhanced when the person has a prior unrelated conviction under this chapter.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | up to 60 days (Possession of substance represented to be controlled substance — A person knowingly or intentionally possesses a substance represented to be a controlled substance.) | discretionary | Ind. Code § 35-50-3-4 |
| Fine | up to $500 (Possession of substance represented to be controlled substance — A person knowingly or intentionally possesses a substance represented to be a controlled substance.) | discretionary | Ind. Code § 35-50-3-4 |
| Jail / prison | up to 1 year (Possession — previous conviction — The possession offense under subsection (c) is enhanced when the person has a previous conviction under this chapter.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Possession — previous conviction — The possession offense under subsection (c) is enhanced when the person has a previous conviction under this chapter.) | discretionary | Ind. Code § 35-50-3-2 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Delivery/manufacture/distribution of substance represented to be controlled substance | Level 6 Felony | A person knowingly or intentionally delivers, finances delivery, manufactures, finances manufacture, advertises, distributes, or possesses with intent to do so a substance represented to be a controlled substance. | Ind. Code § 35-48-4-4.6(a) |
| Delivery/manufacture/distribution — prior unrelated conviction | Level 5 Felony | The offense under subsection (a) is enhanced when the person has a prior unrelated conviction under this chapter. | Ind. Code § 35-48-4-4.6(a) |
| Possession of substance represented to be controlled substance | Class C Misdemeanor | A person knowingly or intentionally possesses a substance represented to be a controlled substance. | Ind. Code § 35-48-4-4.6(c) |
| Possession — previous conviction | Class A Misdemeanor | The possession offense under subsection (c) is enhanced when the person has a previous conviction under this chapter. | Ind. Code § 35-48-4-4.6(c) |
Common questions about unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors in Indiana
Is unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors a felony or a misdemeanor in Indiana?
It depends on the circumstances: unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors ranges from a Class C Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-48-4-4.6.
Delivery/manufacture/distribution of substance represented to be controlled substance: Level 6 Felony (Ind. Code § 35-48-4-4.6(a)) · Delivery/manufacture/distribution — prior unrelated conviction: Level 5 Felony (Ind. Code § 35-48-4-4.6(a)) · Possession of substance represented to be controlled substance: Class C Misdemeanor (Ind. Code § 35-48-4-4.6(c)) · Possession — previous conviction: Class A Misdemeanor (Ind. Code § 35-48-4-4.6(c))
What are the penalties for unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors in Indiana?
Penalties for unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors in Indiana depend on how it is classified — from a Class C Misdemeanor up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-3-4 and Ind. Code § 35-50-3-2; the full table of ranges by variant is published on this page.
Which Indiana statute covers unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors?
Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors is governed by Ind. Code § 35-48-4-4.6 (Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors).
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.