List of Drug Charges in Indiana
If you or a loved one is facing a drug-related arrest in Indiana, understanding the potential legal consequences is critical. This list of Indiana drug charges and sentences provides a clear breakdown of the offenses outlined in Indiana Code 35-48 including drug possession, drug dealing, manufacturing, and maintaining a common nuisance. Whether you’re seeking to understand the difference between a misdemeanor and a Level 2 felony or need clarity on how sentencing enhancements work, this guide outlines the key charges, offense levels, and potential penalties under Indiana law. That said, this list of Indiana drug charges and sentences is no substitute for actual legal advice. If you need to speak with an Indiana criminal defense lawyer, contact Keffer Hirschauer LLP today at 317-648-9560 or complete our online contact form. Our attorneys have extensive experience handling drug crimes in Indiana, and know what it takes to secure the optimal outcome in the case against you.
List of Indiana Drug Charges, Offense Levels, and Enhancements
| Offense | IC Section | Base Level | Enhancement Factors | Enhanced Level |
|---|---|---|---|---|
| Dealing in Cocaine or Narcotic Drug | IC 35-48-4-1 | Level 5 Felony | >10g, firearm, school zone, prior offenses | Up to Level 2 Felony |
| Dealing in Methamphetamine | IC 35-48-4-1.1 | Level 4 Felony | >28g, firearm, school zone, prior offenses | Up to Level 2 Felony |
| Dealing in Schedule I/II Controlled Substance | IC 35-48-4-2 | Level 5 Felony | School zone, weapon, quantity, minors involved | Up to Level 2 Felony |
| Dealing in Schedule III/IV/V Substance | IC 35-48-4-2-1 | Level 6 Felony | Quantity, firearm, prior drug convictions | Up to Level 4 Felony |
| Possession of Cocaine/Narcotic Drug | IC 35-48-4-6 | Level 6 Felony | >5g, weapon, school zone, prior conviction | Up to Level 3 Felony |
| Possession of Methamphetamine | IC 35-48-4-6.1 | Level 6 Felony | >10g, firearm, near protected area | Up to Level 3 Felony |
| Possession of Controlled Substance | IC 35-48-4-7 | Class A Misdemeanor | Prior conviction, school zone | Level 6 Felony |
| Dealing in Marijuana/Hash Oil/Salvia | IC 35-48-4-10 | Class A Misdemeanor | >30g, school zone, prior convictions, remuneration | Up to Level 5 Felony |
| Possession of Marijuana/Hash Oil/Salvia | IC 35-48-4-11 | Class B Misdemeanor | >30g, prior drug convictions | Level 6 Felony |
| Dealing Synthetic or Counterfeit Drug | IC 35-48-4-10.5 / -5 | Level 6 Felony | Large quantity, minors involved, school zone | Up to Level 3 Felony |
| Maintaining a Common Nuisance | IC 35-48-4-13 | Level 6 Felony | Repeat offenses, multiple substances present | N/A |
Common Sentence Ranges by Felony Level
As part of this comprehensive list of Indiana drug charges and sentences, it’s important to understand how the sentencing guidelines in Indiana work. Each drug offense is categorized by a specific felony or misdemeanor level, with corresponding penalties that vary in severity. The state’s felony system ranges from Level 6 (the least serious) to Level 1 (the most severe), with Indiana sentencing guidelines established by statute. The chart below provides an overview of the common sentence ranges by felony level, offering a clearer picture of the potential consequences tied to a drug-related conviction in Indiana.
| Felony Level | Advisory Sentence | Possible Range |
|---|---|---|
| Level 2 Felony | 17.5 years | 10 to 30 years |
| Level 3 Felony | 9 years | 3 to 16 years |
| Level 4 Felony | 6 years | 2 to 12 years |
| Level 5 Felony | 3 years | 1 to 6 years |
| Level 6 Felony | 1 year | 6 months to 2.5 years |
| Misdemeanor A | 1 year max | 0 to 365 days |
| Misdemeanor B | 180 days max | 0 to 180 days |
Enhancement Triggers under Indiana Drug Law
When reviewing the list of Indiana drug charges and sentences, it’s essential to understand that the base penalties can increase significantly depending on certain aggravating circumstances. These enhancement triggers under Indiana drug law can elevate a lower-level offense to a much more serious felony, often resulting in longer prison terms and harsher consequences. Factors such as proximity to schools, the involvement of firearms, prior convictions, and large drug quantities can all lead to enhanced sentencing. The section below outlines the most common statutory enhancing circumstances in Indiana, each of which courts consider when determining penalties for drug-related offenses.
Enhancements can escalate a charge to a higher felony level under these circumstances:
- Proximity to Schools/Parks: Offense occurred within 500 feet of a school, park, youth center.
- Firearm Involvement: Drug offense committed while in possession of a gun.
- Large Quantity: Higher drug weights (e.g., >10g of heroin or >28g of meth) trigger increased penalties.
- Dealing to Minors: Selling to or involving minors significantly elevates the offense.
- Prior Convictions: Repeat drug offenders face harsher classifications.
Further Questions about Indiana Drug Charges and Sentences?
If you’re facing drug-related charges or simply trying to understand the complexities of Indiana’s drug laws, you don’t have to navigate the legal system alone. The consequences of a conviction can be life-altering, especially when Indiana sentencing enhancements or prior offenses come into play. At Keffer Hirschauer LLP, our experienced Indiana drug crime defense attorneys are well-versed in the nuances of the law and are committed to protecting your rights at every stage of the process. Whether you’re seeking clarification on the list of Indiana drug charges and sentences or need aggressive representation in court, we’re here to help. Contact us today at 317-648-9560 or complete our online contact form.
