Indiana Laws and Programs

Drug Laws

The Indiana Code addresses controlled substances in Chapter 35, Article 48. The Indiana Legislature ultimately determines which substances are controlled. The legislature acts on the advice of the Indiana Board of Pharmacy, which is in turn advised by the Controlled Substance Advisory Committee. In practice the Indiana schedule of controlled substances follows the federal schedule, although the Board of Pharmacy may object to designating or rescheduling a substance to either a more or less restrictive category based on changes in federal law. Indiana law thus generally follows the scheduling and nomenclature of federal law, as discussed elsewhere in this volume.

Indiana classifies offenses as Murder and Class A, B, C, or D felonies. Class A felonies are the most serious offenses (other than murder) and carry an advisory sentence of 30 years. Sentences for each offense classification are prescribed by law and the statutes also provide “advisory sentences,” although the court is not obligated to heed this guidance. The advisory sentences for lesser felonies are 10 years for a Class B felony, four years for a Class C felony, and one and a half years for a Class D felony. Indiana uses a similar classification system for misdemeanors. A Class A misdemeanor carries a maximum sentence of 1 year, a Class B misdemeanor has a maximum sentence of 180 days, and a Class C misdemeanor has a maximum sentence of 60 days.

As applied to the regulation of controlled substances, dealing in cocaine or narcotics is a Class B felony, although it may be prosecuted as a Class A felony under aggravating circumstances. Dealing in other Schedule I, II, III, or IV controlled substances are also Class B felonies. Dealing in a Schedule V substance is a Class D felony. The Indiana Code also addresses dealing in counterfeit substances.

Generally possession of cocaine, narcotics, methamphetamine, or other Schedule I, II, or III substances is a class D felony. The classification is more severe if the quantity in possession is above certain levels, or if the offense is committed near schools, public parks, family housing projects, or youth program centers. Penalties are also provided for manufacturing, possessing, and dealing in paraphernalia. Dealing in marijuana, hash oil, or hashish is a Class A misdemeanor, as is possession of these substances. Persons pleading guilty to possession of marijuana or cocaine may be eligible for deferment of proceedings and dismissal of charges upon fulfillment of conditions imposed by the court.

Indiana has also made efforts to control the possession and sale of drug precursors, especially those used in manufacturing methamphetamines, such as ephedrine and anhydrous ammonia. The sale of ephedrine and pseudoephedrine are subject to laws intended to prevent their sale in quantities sufficient to be used in the manufacture of methamphetamines.

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