Introduction to Indiana Drug Laws

Introduction to Indiana Drug Laws

November 12th, 2018 by McNeely | Stephenson

How Indiana controlled dangerous substances (CDS) crimes are classified varies depending on possession or sale, the type of drug and amount. No matter the possible crime, if you learn you’re under investigation for such a crime or have been arrested for one, you need to talk to a defense attorney to best defend your legal rights and freedom.

Indiana has five CDS schedules based on their potential for abuse and whether they’re approved for medical use.

  • Schedule I drugs (including opiates and heroin) have a high potential for abuse, no accepted medical use or are unsafe for use in treatment, even under medical supervision.
  • Schedule II drugs (including morphine and opium) also have a high potential for abuse, but they have an accepted medical use. They may cause severe psychological and physical dependence.
  • Schedule III drugs (including LSD and anabolic steroids) have a lower potential for abuse, have an accepted medical use, may cause low or moderate physical dependence but high psychological dependence.
  • Schedule IV drugs (including diazepam) have a lower potential for abuse than Schedule III drugs, have an accepted medical use and may lead to limited psychological and physical dependence compared to Schedule III drugs.
  • Schedule V drugs are considered the least dangerous. They have the least potential for abuse, are currently accepted for medical use and are likely to lead to limited physical or psychological dependence. They include medications that have very small amounts of specified narcotic drugs.

Typical Indiana Drug Law Charges

A felony conviction for possessing a CDS could carry a long period of incarceration and heavy financial penalties. Classification of the crime varies according to several factors. For the intentional possession of cocaine, Schedule I or II narcotics, or methamphetamine:

  • Class A: If the amount weighs at least three grams and it occurred on a school bus or within 1,000 feet of school property, public housing or a youth program center.
  • Class B: If the amount is less than three grams, occurred on a school bus or within 1,000 feet of school property, public housing or a youth program center.
  • Class C: If the amount was three grams or more or the defendant was in possession of a firearm.
  • Class D: Possession in a situation other than what’s discussed above.

The delivery, possession with the intent to deliver or financing the delivery of three grams or more of cocaine, Schedule I or II narcotics, or methamphetamine is a Class A felony.

The delivery, possession with the intent to deliver, or financing the delivery of any amount of Schedule I, II, or III CDS is a Class A felony if the defendant …

  • Delivered or financed the delivery of the drug to someone under the age of 18 who was at least three years younger than the defendant, or,
  • Committed the offense on a school bus, or within 1,000 feet of a public park, public housing complex or youth program center.

Under other circumstances, the delivery, possession with the intent to deliver, or financing the delivery of Schedule I, II, or III CDS is a Class B felony.

The delivery, possession with the intent to deliver, or financing the delivery of any Schedule IV or V CDS is a Class B felony if the defendant …

  • Delivered or financed the delivery of the drug to a person under the age of 18 who was at least three years younger than the defendant, or,
  • Committed the offense on a school bus, or within 1,000 feet of a public park, public housing complex or youth program center.

The delivery of, or possession with the intent to deliver, or financing the delivery of any amount of Schedule IV or V CDS is a Class C felony.

Typical Indiana Drug Law Sentencing

Possible sentences for the different felony classes include a fine of up to $10,000 and incarceration as follows:

  • Class A: 20 to 50 years.
  • Class B: Six to 20 years.
  • Class C: Two to eight years.
  • Class D: Six months to three years.

No matter the type of drug or crime, if you’re facing an Indiana drug charge you need to take it seriously and contact our office for help.

McNeely Stephenson has faithfully served the people and communities of Indiana for several years in a variety of criminal defense cases and will help you create a strategy that gives you the chance for the best possible outcome. With offices in New Albany and attorneys who are licensed to serve the Kentuckiana area, we have the knowledge, experience and resources to help. To ask a question or to set up a consultation, contact us today.