Sec. 4. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a controlled substance or controlled substance analog, pure or
adulterated, classified in schedule V; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
a controlled substance or controlled substance analog, pure or
adulterated, classified in schedule V;
commits dealing in a schedule V controlled substance, a Class B
misdemeanor, except as provided in subsections (b) through (f).
(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 Class A misdemeanor if:
(1) the amount of the drug involved is at least one (1) gram but
less than five (5) grams; or
(2) the amount of the drug involved is less than one (1) gram and
an enhancing circumstance applies.
(d) The offense is a Level 6 felony if:
(1) the amount of the drug involved is at least five (5) grams but
less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but
less than five (5) grams and an enhancing circumstance applies.
(e) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least ten (10) grams but
less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) grams but
less than ten (10) grams and an enhancing circumstance applies.
(f) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least twenty-eight (28)
grams; or
(2) the amount of the drug involved is at least ten (10) grams but
less than twenty-eight (28) grams and an enhancing circumstance
applies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts
1977, P.L.340, SEC.99; P.L.296-1987, SEC.8; P.L.165-1990, SEC.6;
P.L.296-1995, SEC.6; P.L.65-1996, SEC.14; P.L.17-2001, SEC.22;
P.L.158-2013, SEC.626; P.L.168-2014, SEC.95; P.L.226-2014(ts),
SEC.10; P.L.44-2016, SEC.6; P.L.80-2019, SEC.25.
Notes of Decisions
Cited in
14
cases, 1991–2020 · leading case:
Conner v. State, 626 N.E.2d 803 (Ind. 1993).
Conner v. State, 626 N.E.2d 803 (Ind. 1993).
· cites it 10× “Conner was convicted of distributing a substance represented to be a controlled substance, a class C felony, Ind. Code Ann. § 35-48-4-4 .6 (West Supp.”
Poling v. State, 938 N.E.2d 1212 (Ind. Ct. App. 2010).
· cites it 12× “Poling contends that the trial court abused its discretion by denying her request to instruct the jury on eriminal conversion as a lesser included offense of theft and that the State committed prosecutorial misconduct during closing arguments by reading Indiana Code section…”
United States v. Hudson, 618 F.3d 700 (7th Cir. 2010).
“container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured,…”
Surplus Store & Exch., Inc. v. City of Delphi, 928 F.2d 788 (7th Cir. 1991).
“Ind.Code § 35-48-4-4(h). The third provision, which is found in the “Defenses” section of the “Theft; Conversion” chapter, shields from criminal liability a person who attempts to return stolen personal property to its owner.”
Street v. Shoe Carnival, Inc., 660 N.E.2d 1054 (Ind. Ct. App. 1996).
“CODE § 35-48-4-4(c) (1998). These undisputed facts alone are sufficient to constitute probable cause, rendering the detention lawful and defeating Street and Heise's *1061 false imprisonment claim.”
Ronald Victor Johnson v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
· cites it 14× “[9] The State charged Johnson with Count IV under Ind. Code § 35-48-4-4 .6(a), which at the time of the offense and sentencing provided: A person who knowingly or intentionally: (1) manufactures; (2) finances the manufacture of; (3) advertises; (4) distributes; or (5) possesses…”
Jimmy Tyree Neal v. State of Indiana (Ind. Ct. App. 2019).
· cites it 10× “He argues the record contains no evidence of distribution of the Court of Appeals of Indiana | Opinion 19A-CR-174 | August 15, 2019 Page 4 of 12 pills.”
Christopher Tiplick v. State of Indiana (Ind. Ct. App. 2015).
· cites it 4× “in a lookalike substance; Count IV, Class C felony dealing in a lookalike substance; Count V, Class C felony conspiracy to commit dealing in a lookalike substance; Count VI, Class C felony dealing in a lookalike substance; Count VII, Class D felony conspiracy to commit dealing…”
Nicholas Burchett v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).
· cites it 2× “) On September 15, 2014, Burchett was approved for the Community Transition Program, “under 1 Ind. Code § 35-48-4-4 .6(a). The offense is now a Level 5 felony.”
Michael D. Johnson v. State of Indiana (Ind. Ct. App. 2019).
· cites it 2× “The security officer notified shift supervisor Matt Miller (“Miller”), who notified Gaming Enforcement Agent 1 Ind. Code § 35-48-4-4 .6(a)(5). 2 Johnson briefly references Article 1, Section 11 of the Indiana Constitution, Indiana’s search and seizure clause, which is to be…”
— Ind. Code § 35-48-4-4(c) — 2 cases
Poling v. State, 938 N.E.2d 1212 (Ind. Ct. App. 2010).
“Poling contends that the trial court abused its discretion by denying her request to instruct the jury on eriminal conversion as a lesser included offense of theft and that the State committed prosecutorial misconduct during closing arguments by reading Indiana Code section…”
Street v. Shoe Carnival, Inc., 660 N.E.2d 1054 (Ind. Ct. App. 1996).
“CODE § 35-48-4-4(c) (1998). These undisputed facts alone are sufficient to constitute probable cause, rendering the detention lawful and defeating Street and Heise's *1061 false imprisonment claim.”
— Ind. Code § 35-48-4-4(e) — 1 case
Poling v. State, 938 N.E.2d 1212 (Ind. Ct. App. 2010).
“Poling contends that the trial court abused its discretion by denying her request to instruct the jury on eriminal conversion as a lesser included offense of theft and that the State committed prosecutorial misconduct during closing arguments by reading Indiana Code section…”
— Ind. Code § 35-48-4-4(h) — 1 case
Surplus Store & Exch., Inc. v. City of Delphi, 928 F.2d 788 (7th Cir. 1991).
“Ind.Code § 35-48-4-4(h). The third provision, which is found in the “Defenses” section of the “Theft; Conversion” chapter, shields from criminal liability a person who attempts to return stolen personal property to its owner.”
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