Indiana statute

Ind. Code § 35-48-4-1 — Dealing in cocaine or narcotic drug

Current through 2026 Regular Session

Part of Chapter 4: Offenses Relating to Controlled Substances, Indiana Code.

Criminal charges under this statute

Dealing in cocaine or narcotic drug

Full text of Ind. Code § 35-48-4-1

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-48-4-1Primary source, current through the 2026 Regular Session

Sec. 1. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; commits dealing in cocaine or a narcotic drug, a Level 5 felony, except as provided in subsections (b) through (e). (b) A person may be convicted of an offense under subsection (a)(2) only if: (1) there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug; or (2) the amount of the drug involved is at least twenty-eight (28) grams. (c) The offense is a Level 4 felony if: (1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; (2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies; (3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; or (4) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved is less than one (1) gram. (d) The offense is a Level 3 felony if: (1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; (2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies; (3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams but less than twelve (12) grams; (4) the drug is heroin and: (A) the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; and (B) an enhancing circumstance applies; (5) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least one (1) gram but less than five (5) grams; or (6) the drug is a fentanyl containing substance and: (A) the amount of fentanyl containing substance involved is less than one (1) gram; and (B) an enhancing circumstance applies. (e) The offense is a Level 2 felony if: (1) the amount of the drug involved is at least ten (10) grams; (2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies; (3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least twelve (12) grams; (4) the drug is heroin and: (A) the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams but less than twelve (12) grams; and (B) an enhancing circumstance applies; (5) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least five (5) grams; or (6) the drug is a fentanyl containing substance and: (A) the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least one (1) gram but less than five (5) grams; and (B) an enhancing circumstance applies.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.