Indiana Code

Ind. Code § 35-48-4-1 (2026)

Dealing in cocaine or narcotic drug

✓ current as of May 2026

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Sec. 1. (a) A person who:

(1) knowingly or intentionally:

(A) manufactures;

(B) finances the manufacture of;

(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;

(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.

(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.

As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.96; Acts 1979, P.L.303, SEC.8; P.L.296-1987, SEC.5; P.L.165-1990, SEC.3; P.L.296-1995, SEC.3; P.L.65-1996, SEC.11; P.L.17-2001, SEC.19; P.L.151-2006, SEC.22; P.L.158-2013, SEC.622; P.L.168-2014, SEC.91; P.L.226-2014(ts), SEC.6; P.L.44-2016, SEC.2; P.L.252-2017, SEC.21; P.L.48-2023, SEC.8; P.L.197-2025, SEC.3.

Notes of Decisions

Cited in 841 cases (23 in the last 5 years), 1979–2026 · leading case: Kevin M. Clark v. State of Indiana, 994 N.E.2d 252 (Ind. 2013).

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Kevin M. Clark v. State of Indiana, 994 N.E.2d 252 (Ind. 2013). · cites it 6× “As evidence that Clark was attempting to manufacture more than three grams of methamphetamine, the State called Indiana State Trooper Maggie Shortt, who was assigned to a special methamphetamine suppression unit.”

United States v. Smith, 921 F.3d 708 (7th Cir. 2019). · cites it 13× “Smith maintains that one of those convictions-the one under Indiana's "Dealing in cocaine or narcotic drug" statute, Ind. Code § 35-48-4-1 -criminalizes more conduct than the Guidelines' definition of a controlled substance offense.”

Boggs v. State, 928 N.E.2d 855 (Ind. Ct. App. 2010). · cites it 6× “See Ind.Code §§ 35-48-4-1; 35-41-5-1. 2 . See Ind.”

United States v. Joseph Williams, 931 F.3d 570 (7th Cir. 2019). · cites it 5× “Second, he argues that Indiana's statute on dealing cocaine, Ind. Code § 35-48-4-1 (2006), is broader than the ACCA definition of a "serious drug offense.”

Lehman v. State, 926 N.E.2d 35 (Ind. Ct. App. 2010). · cites it 8× “Lehman (Lehman), appeals his conviction for Count I, dealing in cocaine, a Class A felony, Ind.Code § 35-48-4-1; Count II, dealing in a schedule I, II, or III controlled substance, a Class A felony, I.”

French v. State, 778 N.E.2d 816 (Ind. 2002). · cites it 4× “Bartholomew Preschool was "school property" for purposes of the enhancement provided by Indiana Code section 35-48-4-1 for dealing within 1000 feet of a school.”

Stokes v. State, 801 N.E.2d 1263 (Ind. Ct. App. 2004). · cites it 10× “Stokes (Stokes), appeals his convictions for Count I, conspiracy to commit dealing in cocaine, a Class A felony, Ind.Code § 35-48-4-1, and Count II, dealing in cocaine or narcotics, a Class A felony, I.”

Polk v. State, 683 N.E.2d 567 (Ind. 1997). · cites it 13× “Compare Ind. Code § 35-48-4-1 (a)(1) with Ind.Code § 35-48-4-3(a)(l).”

Samm v. State, 893 N.E.2d 761 (Ind. Ct. App. 2008). · cites it 10× “On July 25, 2007, the State filed an Information in LaPorte County Circuit Court, cause number 46D01-0707-FB-402, charging Samm with two Counts of dealing in cocaine, as a Class B felony, Ind.Code § 35-48-4-1, based on events alleged to have occurred on April 26 and May 9, 2007.”

Harrison v. State, 901 N.E.2d 635 (Ind. Ct. App. 2009). · cites it 8× “Our supreme court has concluded that where the same cocaine supports both possession of cocaine pursuant to Indiana Code Section 35-48-4-6 and dealing in cocaine pursuant to Indiana Code Section 35-48-4-1, possession of cocaine is a lesser included offense of dealing in cocaine.”

Shepherd v. State, 924 N.E.2d 1274 (Ind. Ct. App. 2010). · cites it 6× “Ind.Code § 35-48-4-1. 2 . Ind.Code § 35-48-4-6.”

Davis v. State, 791 N.E.2d 266 (Ind. Ct. App. 2003). · cites it 6× “STATEMENT OF THE CASE Appellant-Defendant, Maurice Davis (Davis), appeals his conviction for possession of cocaine with intent to deliver, a Class A felony, Ind.Code § 35-48-4-1. We affirm. ISSUES Davis raises two issues on appeal, which we restate as follows: 1.”

Show all 841 citing cases →

— Ind. Code § 35-48-4-1(1) — 4 cases

Ruse v. Bleeke, 914 N.E.2d 1 (Ind. Ct. App. 2009).

Crowdus v. State, 431 N.E.2d 796 (Ind. 1982).

Murray v. State, 479 N.E.2d 1283 (Ind. 1985).

Dockery v. State, 622 N.E.2d 1346 (Ind. Ct. App. 1993).

— Ind. Code § 35-48-4-1(2) — 10 cases

Lampkins v. State, 685 N.E.2d 698 (Ind. 1997).

Everroad v. State, 570 N.E.2d 38 (Ind. Ct. App. 1991).

Lampkins v. State, 682 N.E.2d 1268 (Ind. 1997).

Washington v. State, 740 N.E.2d 1241 (Ind. Ct. App. 2000).

Montego v. State, 517 N.E.2d 74 (Ind. 1987).

— Ind. Code § 35-48-4-1(2)(2)(C) — 1 case

Weiss v. State, 903 N.E.2d 557 (Ind. Ct. App. 2009).

— Ind. Code § 35-48-4-1(A)(1) — 1 case

Johnson v. State, 831 N.E.2d 163 (Ind. Ct. App. 2005).

— Ind. Code § 35-48-4-1(a) — 23 cases

Wenzel Williams v. State of Indiana, 43 N.E.3d 578 (Ind. 2015).

Whitaker v. Brunner, 814 N.E.2d 288 (Ind. Ct. App. 2004).

Whaley v. State, 843 N.E.2d 1 (Ind. Ct. App. 2006).

Harrison v. State, 901 N.E.2d 635 (Ind. Ct. App. 2009). “Our supreme court has concluded that where the same cocaine supports both possession of cocaine pursuant to Indiana Code Section 35-48-4-6 and dealing in cocaine pursuant to Indiana Code Section 35-48-4-1, possession of cocaine is a lesser included offense of dealing in cocaine.”

Eaton v. State, 889 N.E.2d 297 (Ind. 2008).

— Ind. Code § 35-48-4-1(a)(1) — 15 cases

Dockery v. State, 644 N.E.2d 573 (Ind. 1994).

Polk v. State, 683 N.E.2d 567 (Ind. 1997). “Compare Ind. Code § 35-48-4-1 (a)(1) with Ind.Code § 35-48-4-3(a)(l).”

Hayworth v. State, 904 N.E.2d 684 (Ind. Ct. App. 2009).

Tyson v. State, 766 N.E.2d 715 (Ind. 2002).

Smith v. State, 835 N.E.2d 1072 (Ind. Ct. App. 2005).

— Ind. Code § 35-48-4-1(a)(1)(A) — 4 cases

Wilhelmus v. State, 824 N.E.2d 405 (Ind. Ct. App. 2005).

Floyd v. State, 791 N.E.2d 206 (Ind. Ct. App. 2003).

Storey v. State, 830 N.E.2d 1011 (Ind. Ct. App. 2005).

Jacobs v. State, 802 N.E.2d 995 (Ind. Ct. App. 2004).

— Ind. Code § 35-48-4-1(a)(1)(C) — 17 cases

Owens v. State, 822 N.E.2d 1075 (Ind. Ct. App. 2005).

Delao v. State, 940 N.E.2d 849 (Ind. Ct. App. 2011).

Kendall v. State, 825 N.E.2d 439 (Ind. Ct. App. 2005).

Weiss v. State, 903 N.E.2d 557 (Ind. Ct. App. 2009).

Douglas v. State, 746 N.E.2d 424 (Ind. Ct. App. 2001).

— Ind. Code § 35-48-4-1(a)(2) — 31 cases

Kendall v. State, 825 N.E.2d 439 (Ind. Ct. App. 2005).

Polk v. State, 683 N.E.2d 567 (Ind. 1997). “Compare Ind. Code § 35-48-4-1 (a)(1) with Ind.Code § 35-48-4-3(a)(l).”

Kevin Shawn Carter v. State of Indiana, 105 N.E.3d 1121 (Ind. Ct. App. 2018).

Mast v. State, 809 N.E.2d 415 (Ind. Ct. App. 2004).

Jermaine McKinley v. State of Indiana, 45 N.E.3d 25 (Ind. Ct. App. 2015).

— Ind. Code § 35-48-4-1(a)(2)(A) — 1 case

Smith v. State, 809 N.E.2d 938 (Ind. Ct. App. 2004).

— Ind. Code § 35-48-4-1(a)(2)(B) — 1 case

United States v. Smith, 921 F.3d 708 (7th Cir. 2019). “Smith maintains that one of those convictions-the one under Indiana's "Dealing in cocaine or narcotic drug" statute, Ind. Code § 35-48-4-1 -criminalizes more conduct than the Guidelines' definition of a controlled substance offense.”

— Ind. Code § 35-48-4-1(a)(2)(C) — 14 cases

Wilson v. State, 966 N.E.2d 1259 (Ind. Ct. App. 2012).

Evans v. State, 643 N.E.2d 877 (Ind. 1994).

Donnegan v. State, 809 N.E.2d 966 (Ind. Ct. App. 2004).

Eaton v. State, 889 N.E.2d 297 (Ind. 2008).

Upshaw v. State, 934 N.E.2d 178 (Ind. Ct. App. 2010).

— Ind. Code § 35-48-4-1(a)(2)(C)(b) — 1 case

Davis v. State, 791 N.E.2d 266 (Ind. Ct. App. 2003). “STATEMENT OF THE CASE Appellant-Defendant, Maurice Davis (Davis), appeals his conviction for possession of cocaine with intent to deliver, a Class A felony, Ind.Code § 35-48-4-1. We affirm. ISSUES Davis raises two issues on appeal, which we restate as follows: 1.”

— Ind. Code § 35-48-4-1(a)(2)(c) — 1 case

Dietrich D. Smith, Jr v. State of Indiana (Ind. Ct. App. 2014).

— Ind. Code § 35-48-4-1(b) — 23 cases

Sebastian Durstock v. State of Indiana, 113 N.E.3d 1272 (Ind. Ct. App. 2018).

Chandler v. State, 581 N.E.2d 1233 (Ind. 1991).

Kevin Shawn Carter v. State of Indiana, 105 N.E.3d 1121 (Ind. Ct. App. 2018).

Danner v. State, 931 N.E.2d 421 (Ind. Ct. App. 2010).

Eaton v. State, 889 N.E.2d 297 (Ind. 2008).

— Ind. Code § 35-48-4-1(b)(1) — 21 cases

Mitchell v. State, 745 N.E.2d 775 (Ind. 2001).

Taylor v. State, 842 N.E.2d 327 (Ind. 2006).

Woodford v. State, 752 N.E.2d 1278 (Ind. 2001).

Jenkins v. State, 909 N.E.2d 1080 (Ind. Ct. App. 2009).

Kendall v. State, 825 N.E.2d 439 (Ind. Ct. App. 2005).

— Ind. Code § 35-48-4-1(b)(2) — 1 case

Hayworth v. State, 798 N.E.2d 503 (Ind. Ct. App. 2003).

— Ind. Code § 35-48-4-1(b)(3) — 2 cases

Polk v. State, 683 N.E.2d 567 (Ind. 1997). “Compare Ind. Code § 35-48-4-1 (a)(1) with Ind.Code § 35-48-4-3(a)(l).”

Whatley v. State, 928 N.E.2d 202 (Ind. 2010).

— Ind. Code § 35-48-4-1(b)(3)(B) — 1 case

— Ind. Code § 35-48-4-1(b)(3)(B)(I) — 1 case

Dixon v. State, 712 N.E.2d 1086 (Ind. Ct. App. 1999).

— Ind. Code § 35-48-4-1(b)(3)(B)(i) — 1 case

Kevin Pendleton v. State of Indiana (Ind. Ct. App. 2013).

— Ind. Code § 35-48-4-1(b)(3)(B)(ii) — 1 case

Savane Williams v. State of Indiana (Ind. Ct. App. 2012).

— Ind. Code § 35-48-4-1(b)(3)(B)(iii) — 2 cases

Buford G. Lee v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).

Shane Kervin v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).

— Ind. Code § 35-48-4-1(b)(3)(iii) — 1 case

Netiko Jones v. State of Indiana (Ind. Ct. App. 2012).

— Ind. Code § 35-48-4-1(b)(4) — 3 cases

Harwei, Inc. v. State, 459 N.E.2d 52 (Ind. Ct. App. 1984).

Dunnuck v. State, 644 N.E.2d 1275 (Ind. Ct. App. 1994).

Wright v. State, 754 N.E.2d 550 (Ind. Ct. App. 2001).

— Ind. Code § 35-48-4-1(b)(8) — 4 cases

Whatley v. State, 928 N.E.2d 202 (Ind. 2010).

Kellems v. State, 651 N.E.2d 326 (Ind. Ct. App. 1995).

Owens v. State, 911 N.E.2d 18 (Ind. Ct. App. 2009).

Bailey v. State, 603 N.E.2d 1376 (Ind. Ct. App. 1992).

— Ind. Code § 35-48-4-1(b)(8)(B) — 2 cases

Goodson v. State, 747 N.E.2d 1181 (Ind. Ct. App. 2001).

Gallagher v. State, 906 N.E.2d 272 (Ind. Ct. App. 2009).

— Ind. Code § 35-48-4-1(c) — 1 case

Robert L. Moore v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).

— Ind. Code § 35-48-4-1(c)(1) — 2 cases

Jeffery C. Hatcher, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).

Farry Cannon v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).

— Ind. Code § 35-48-4-1(c)(2) — 1 case

Jennifer L. Hall v. State of Indiana (Ind. Ct. App. 2019).

— Ind. Code § 35-48-4-1(d) — 1 case

Gary T. Hunter, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).

— Ind. Code § 35-48-4-1(d)(1) — 1 case

Farry Cannon v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).

— Ind. Code § 35-48-4-1(e) — 2 cases

Francisco Gallardo-Cortes v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).

Darron T. Carter v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).

— Ind. Code § 35-48-4-1(e)(1) — 3 cases

Bruce Ashby v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).

Mark A. Eason, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).

Jarmone Davis v. State of Indiana (Ind. Ct. App. 2020).

— Ind. Code § 35-48-4-1(e)(2) — 1 case

Jeffrey Roberts v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).

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