Ind. Code § 35-48-4-6
Possession of cocaine or narcotic drug
Sec. 6. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses cocaine (pure or adulterated) or a narcotic drug (pure or adulterated) classified in schedule I or II, commits possession of cocaine or a narcotic drug, a Level 6 felony, except as provided in subsections (b) through (d).
(b) The offense is a Level 5 felony if:
(1) the amount of the drug involved is at least five (5) but less than ten (10) grams; or
(2) the amount of the drug involved is less than five (5) grams and an enhancing circumstance applies.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams; or
(2) the amount of the drug involved is at least five (5) but less than ten (10) grams and an enhancing circumstance applies.
(d) The offense is a Level 3 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) 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.101; Acts 1979, P.L.303, SEC.10; P.L.138-1983, SEC.3; P.L.296-1987, SEC.9; P.L.296-1995, SEC.7; P.L.65-1996, SEC.15; P.L.188-1999, SEC.7; P.L.17-2001, SEC.24; P.L.151-2006, SEC.24; P.L.158-2013, SEC.631; P.L.168-2014, SEC.98.
Notes of Decisions
Cited in 508
cases (16 in the last 5 years), 1980–2026 · leading case: Allen v. State
Allen v. State (2003)
“STATEMENT OF THE CASE Appellant-Defendant, Lewis Allen (Allen), appeals his convictions for Count I, possession of cocaine and a firearm, a Class C felony, Ind.Code § 35-48-4-6; and Count II, possession of cocaine, a Class D felony, I.”
Abbott v. State (2012)
“See Ind.Code §§ 35-48-4-6(a), 35-50-2-7. The offense is enhanced to a Class B felony if the person possesses less than three grams of cocaine "in, on, or within one thousand (1000) feet of .”
Kendall v. State (2005)
“Belser and Ross and the language of the cocaine possession statute itself instruct us that, like the carrying a handgun without a license and arson statutes, we should regard possession of cocaine under Indiana Code Section 35-48-4-6 (that is, possession without intent to…”
Halsema v. State (2005)
“(B) in, on, or within one thousand (1,000) feet of: (i) school property; (ii) a public park; (iii) a family housing complex; or *673 (iv) a youth program center Ind.Code § 35-48-4-6 (West Supp.2004). We first observe, and all parties seem to agree, the methamphetamine that is…”
Manigault v. State (2008)
“Ind.Code § 35-48-4-6. 2 . Indiana Code section 35-41-1-10.”
Wright v. State (2002)
“107 (citing Ind.Code § 35-48-4-6 (1998)). In refusing this instruction the trial court determined that it did not find that there was any serious evidentiary dispute among the evidence points that were presented to the Jury.”
Timmie Bradley v. State of Indiana (2016)
“Ind.Code § 35-48-4-6(b)(Z). 5 . Ind.Code § 35-48-4-6(b)(l).”
Reed v. State (1999)
“Code § 35-18-4,-6 Reed contends that the portion of Ind. Code § 35-48-4-6 (b)(3)(B) pertaining to the 1,000 foot enhancement is void for vagueness under the First and Fourteenth Amendment to the Constitution of the United States, and article 1, § 9 of the Indiana Constitution.”
Polk v. State (1997)
“CODE § 35-48-4-6 (Supp.1995). [4] Possession of a Schedule IV controlled substance is also ordinarily a Class D felony, but it is elevated to a Class C felony if the possession occurs within 1000 feet of school property.”
Massey v. State (2004)
“The jury also found him guilty of possession of cocaine as a Class A felony, Ind.Code § 35-48-4-6; however, the trial court merged that verdict with the conviction of dealing in cocaine as a Class A felony.”
Richardson v. State (1999)
“Similarly, if a defendant is charged with robbing a particular store on Monday and then again on Friday, the offenses are, facially, not the same. If a defendant is arrested and found to possess both cocaine and marijuana on his person, possession of cocaine under Indiana Code…”
Grim v. State (2003)
“Possession of a Narcotic Drug In order to convict Grim of Count I, possession of a narcotic drug as a Class C felony, the State was required to prove that Grim (1) without a valid prescription, (2) knowingly or intentionally, (3) possessed methamphetamine, (4) while in…”
— Ind. Code § 35-48-4-6(1993) — 1 case
Goliday v. State (1999)
— Ind. Code § 35-48-4-6(a) — 72 cases
Abbott v. State (2012)
“See Ind.Code §§ 35-48-4-6(a), 35-50-2-7. The offense is enhanced to a Class B felony if the person possesses less than three grams of cocaine "in, on, or within one thousand (1000) feet of .”
Wright v. State (2002)
“107 (citing Ind.Code § 35-48-4-6 (1998)). In refusing this instruction the trial court determined that it did not find that there was any serious evidentiary dispute among the evidence points that were presented to the Jury.”
Jones v. State (2007)
Banks v. State (2006)
Polk v. State (1997)
“CODE § 35-48-4-6 (Supp.1995). [4] Possession of a Schedule IV controlled substance is also ordinarily a Class D felony, but it is elevated to a Class C felony if the possession occurs within 1000 feet of school property.”
— Ind. Code § 35-48-4-6(a)(b)(1)(B) — 1 case
Grim v. State (2003)
“Possession of a Narcotic Drug In order to convict Grim of Count I, possession of a narcotic drug as a Class C felony, the State was required to prove that Grim (1) without a valid prescription, (2) knowingly or intentionally, (3) possessed methamphetamine, (4) while in…”
— Ind. Code § 35-48-4-6(a)(b)(l) — 1 case
Cannon v. State (2000)
— Ind. Code § 35-48-4-6(a)(b)(l)(A) — 1 case
Cannon v. State (2000)
— Ind. Code § 35-48-4-6(a)(c)(1) — 1 case
— Ind. Code § 35-48-4-6(b) — 10 cases
Abbott v. State (2012)
“See Ind.Code §§ 35-48-4-6(a), 35-50-2-7. The offense is enhanced to a Class B felony if the person possesses less than three grams of cocaine "in, on, or within one thousand (1000) feet of .”
Kendall v. State (2005)
“Belser and Ross and the language of the cocaine possession statute itself instruct us that, like the carrying a handgun without a license and arson statutes, we should regard possession of cocaine under Indiana Code Section 35-48-4-6 (that is, possession without intent to…”
Toney v. State (1999)
Watson v. State (2005)
Abbott v. State (2011)
— Ind. Code § 35-48-4-6(b)(1) — 7 cases
Taylor v. State (2006)
Lewis v. State (2001)
Powell v. State (1994)
Carpenter v. State (2011)
— Ind. Code § 35-48-4-6(b)(1)(A) — 10 cases
Walker v. State (2010)
Perry v. State (2011)
Allen v. State (2003)
Brown v. State (2008)
Taylor v. State (2010)
— Ind. Code § 35-48-4-6(b)(1)(B) — 7 cases
Kendall v. State (2005)
“Belser and Ross and the language of the cocaine possession statute itself instruct us that, like the carrying a handgun without a license and arson statutes, we should regard possession of cocaine under Indiana Code Section 35-48-4-6 (that is, possession without intent to…”
Allen v. State (2003)
“STATEMENT OF THE CASE Appellant-Defendant, Lewis Allen (Allen), appeals his convictions for Count I, possession of cocaine and a firearm, a Class C felony, Ind.Code § 35-48-4-6; and Count II, possession of cocaine, a Class D felony, I.”
Allen v. State (2003)
Scott v. State (2006)
Cooper v. State (2008)
— Ind. Code § 35-48-4-6(b)(2) — 14 cases
Halsema v. State (2005)
“(B) in, on, or within one thousand (1,000) feet of: (i) school property; (ii) a public park; (iii) a family housing complex; or *673 (iv) a youth program center Ind.Code § 35-48-4-6 (West Supp.2004). We first observe, and all parties seem to agree, the methamphetamine that is…”
Abbott v. State (2012)
“See Ind.Code §§ 35-48-4-6(a), 35-50-2-7. The offense is enhanced to a Class B felony if the person possesses less than three grams of cocaine "in, on, or within one thousand (1000) feet of .”
Griffin v. State (2010)
Chandler v. State (2004)
May v. State (1999)
— Ind. Code § 35-48-4-6(b)(2)(B) — 4 cases
Atwood v. State (2009)
Scott v. State (2006)
Robinson v. State (2008)
Griffin v. State (2009)
— Ind. Code § 35-48-4-6(b)(2)(B)(G) — 1 case
Johnican v. State (2004)
— Ind. Code § 35-48-4-6(b)(2)(B)(i) — 3 cases
Abbott v. State (2012)
“See Ind.Code §§ 35-48-4-6(a), 35-50-2-7. The offense is enhanced to a Class B felony if the person possesses less than three grams of cocaine "in, on, or within one thousand (1000) feet of .”
— Ind. Code § 35-48-4-6(b)(2)(B)(iii) — 2 cases
— Ind. Code § 35-48-4-6(b)(3) — 2 cases
Kendall v. State (2005)
“Belser and Ross and the language of the cocaine possession statute itself instruct us that, like the carrying a handgun without a license and arson statutes, we should regard possession of cocaine under Indiana Code Section 35-48-4-6 (that is, possession without intent to…”
— Ind. Code § 35-48-4-6(b)(3)(B) — 1 case
Reed v. State (1999)
“Code § 35-18-4,-6 Reed contends that the portion of Ind. Code § 35-48-4-6 (b)(3)(B) pertaining to the 1,000 foot enhancement is void for vagueness under the First and Fourteenth Amendment to the Constitution of the United States, and article 1, § 9 of the Indiana Constitution.”
— Ind. Code § 35-48-4-6(b)(3)(B)(ii) — 1 case
Ware v. State (2003)
— Ind. Code § 35-48-4-6(b)(8) — 1 case
Taylor v. State (2010)
— Ind. Code § 35-48-4-6(b)(8)(B)(iv) — 1 case
Whatley v. State (2009)
— Ind. Code § 35-48-4-6(b)(B)(3) — 1 case
Reed v. State (1999)
“Code § 35-18-4,-6 Reed contends that the portion of Ind. Code § 35-48-4-6 (b)(3)(B) pertaining to the 1,000 foot enhancement is void for vagueness under the First and Fourteenth Amendment to the Constitution of the United States, and article 1, § 9 of the Indiana Constitution.”
— Ind. Code § 35-48-4-6(b)(Z) — 1 case
Timmie Bradley v. State of Indiana (2016)
“Ind.Code § 35-48-4-6(b)(Z). 5 . Ind.Code § 35-48-4-6(b)(l).”
— Ind. Code § 35-48-4-6(b)(l) — 3 cases
Timmie Bradley v. State of Indiana (2016)
“Ind.Code § 35-48-4-6(b)(Z). 5 . Ind.Code § 35-48-4-6(b)(l).”
Carpenter v. State (2011)
— Ind. Code § 35-48-4-6(b)(l)(B) — 1 case
Cooper v. State (2008)
— Ind. Code § 35-48-4-6(c) — 1 case
— Ind. Code § 35-48-4-6(c)(2) — 2 cases
— Ind. Code § 35-48-4-6(d)(1) — 2 cases
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treatment. Dots show Syfertize treatment of the citing case itself.