Sec. 7. (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 a:
(1) controlled substance or controlled substance analog (pure or
adulterated), classified in schedule I, except marijuana, hashish,
or salvia; or
(2) controlled substance or controlled substance analog (pure or
adulterated), classified in schedule II, III, or IV;
commits possession of a controlled substance, a Class A misdemeanor,
except as provided in subsection (b).
(b) The offense is a Level 6 felony if the person commits the offense
and an enhancing circumstance applies.
(c) 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 obtains:
(1) more than four (4) ounces of schedule V controlled substances
containing codeine in any given forty-eight (48) hour period
unless pursuant to a prescription;
(2) a schedule V controlled substance pursuant to written or
verbal misrepresentation; or
(3) possession of a schedule V controlled substance other than by
means of a prescription or by means of signing an exempt
narcotic register maintained by a pharmacy licensed by the
Indiana state board of pharmacy;
commits a Class A misdemeanor.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts
1977, P.L.340, SEC.102; P.L.138-1983, SEC.4; P.L.327-1985, SEC.4;
P.L.296-1987, SEC.10; P.L.296-1995, SEC.8; P.L.65-1996, SEC.16;
P.L.17-2001, SEC.25; P.L.138-2011, SEC.14; P.L.182-2011, SEC.14;
P.L.158-2013, SEC.633; P.L.80-2019, SEC.28; P.L.61-2020,
SEC.10.
Notes of Decisions
Cited in
151
cases (
4 in the last 5 years), 1980–2026 · leading case:
Polk v. State, 683 N.E.2d 567 (Ind. 1997).
Polk v. State, 683 N.E.2d 567 (Ind. 1997).
· cites it 12× “CODE § 35-48-4-7 (Supp.1995). The jury found that both of these enhancements were supported by the evidence.”
Stringer v. State, 853 N.E.2d 543 (Ind. Ct. App. 2006).
· cites it 6× “Code § 35-48-4-6; Count II, possession of a controlled substance, as a Class C felony, I.C. § 35-48-4-7; and Count IV, resisting law enforcement, as a Class A misdemeanor, I.”
Massey v. State, 816 N.E.2d 979 (Ind. Ct. App. 2004).
· cites it 4× “[4] Ind.Code § 35-48-4-7. [5] Ind.Code § 35-48-4-11.”
Polk v. State, 822 N.E.2d 239 (Ind. Ct. App. 2005).
· cites it 4× “[3] Ind.Code § 35-48-4-7(a) (Supp.1995). [4] Ind.”
Williams v. State, 930 N.E.2d 602 (Ind. Ct. App. 2010).
· cites it 4× “" Ind.Code § 35-48-4-7(a). Count 4 of the State's charging information alleged that "Williams, while within 1000 feet of a public park .”
Antonio Garcia v. State of Indiana, 47 N.E.3d 1196 (Ind. 2016).
· cites it 2× “In doing so, we hold that the search of Garcia’s person, which included opening the container, was within the scope of a search incident to a lawful arrest and reasonable under Article 1, Section 11 of the Indiana Constitution.”
Amalfitano v. State, 956 N.E.2d 208 (Ind. Ct. App. 2011).
· cites it 2× “His convictions include felony conspiracy to commit burglary and misdemeanor possession of burglary tools in New York in 1985, felony larceny/grand theft and misdemeanor issuing worthless checks in Florida in 2003, two counts of possession of narcotic equipment in Florida in…”
Moore v. State, 401 N.E.2d 676 (Ind. 1980).
· cites it 4× “); four counts of possession of a controlled substance, a class D felony, Ind. Code § 35-48-4-7 (Burns 1979 Repl.); and one count of possession of a controlled substance, a class C felony, Ind.”
Kail v. State, 528 N.E.2d 799 (Ind. Ct. App. 1988).
· cites it 4× “Kail is correct that his conviction of Ind. Code § 35-48-4-7 required proof that he “knowingly or intentionally” possessed a controlled substance.”
Cash v. State, 557 N.E.2d 1023 (Ind. 1990).
· cites it 4× “One of appellant's two prior unrelated felony convictions was a Class D felony offense under Ind. Code § 35-48-4-7 . Indiana Code § 35-50-2-8(e) provides in pertinent part that: "[I]f at least one (1) of the offenses relied upon to establish that the person has accumulated two…”
Shirley v. State, 803 N.E.2d 251 (Ind. Ct. App. 2004).
· cites it 4× “See Ind.Code § 35-48-4-7(a). According to Officer Campbell's trial testimony, Shirley was riding his bicycle at 2:20 a.”
Stephenson v. State, 796 N.E.2d 811 (Ind. Ct. App. 2003).
· cites it 4× “[5] Ind.Code § 35-48-4-7. [6] Ind.Code § 35-46-1-4.”
— Ind. Code § 35-48-4-7(a) — 39 cases
Polk v. State, 683 N.E.2d 567 (Ind. 1997).
“CODE § 35-48-4-7 (Supp.1995). The jury found that both of these enhancements were supported by the evidence.”
Polk v. State, 822 N.E.2d 239 (Ind. Ct. App. 2005).
“[3] Ind.Code § 35-48-4-7(a) (Supp.1995). [4] Ind.”
Williams v. State, 930 N.E.2d 602 (Ind. Ct. App. 2010).
“" Ind.Code § 35-48-4-7(a). Count 4 of the State's charging information alleged that "Williams, while within 1000 feet of a public park .”
Amalfitano v. State, 956 N.E.2d 208 (Ind. Ct. App. 2011).
“His convictions include felony conspiracy to commit burglary and misdemeanor possession of burglary tools in New York in 1985, felony larceny/grand theft and misdemeanor issuing worthless checks in Florida in 2003, two counts of possession of narcotic equipment in Florida in…”
Shirley v. State, 803 N.E.2d 251 (Ind. Ct. App. 2004).
“See Ind.Code § 35-48-4-7(a). According to Officer Campbell's trial testimony, Shirley was riding his bicycle at 2:20 a.”
— Ind. Code § 35-48-4-7(a)(1) — 1 case
— Ind. Code § 35-48-4-7(a)(2) — 2 cases
— Ind. Code § 35-48-4-7(a)(2)(B) — 1 case
— Ind. Code § 35-48-4-7(a)(b) — 1 case
— Ind. Code § 35-48-4-7(b) — 2 cases
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treatment. Dots show Syfertize treatment of the citing case itself.