Indiana Cocaine Laws
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 28, 2024
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In the state of Indiana, possession of even a small amount of cocaine can lead to serious legal consequences. Cocaine, whether in crack or powder form, is one of the most heavily trafficked substances in the state. In response, state laws provide stringent penalties for cocaine-related drug crimes.
This article looks into the regulations in Indiana on cocaine charges. We'll examine how the state classifies cocaine and the penalties associated with its possession and sale.
Schedule of Controlled Substances
Indiana drug laws, like those of other states, classify controlled substances according to schedule. The laws determine the danger presented by each drug based on its potential for drug abuse and its accepted medical use. Under Indiana laws, cocaine is a Schedule II controlled substance.
Schedule II controlled substances are drugs with a high risk for drug abuse that possess accepted medical use. They carry a high risk for severe physical or psychological dependence. This drug classification places cocaine in a similar category as methamphetamine, fentanyl, oxycodone, and other opiates.
Penalties for Possession of Cocaine in Indiana
Indiana law treats drug possession charges as a criminal offense with penalties that vary based on the amount of the drug and the circumstances surrounding the case. The penalties for cocaine possession in Indiana are the following:
- Simple possession of cocaine without a valid prescription is a level 6 felony. The penalty ranges from a prison sentence of six months to two and a half years and a fine of up to $10,000.
- The offense for possession of cocaine becomes a level 5 felony if the amount of cocaine involved is 5 to 10 grams. The prison sentence ranges from one to six years and a fine of up to $10,000.
- The offense of possession of cocaine is a level 4 felony if the amount of cocaine is 10 to 28 grams. The prison sentence ranges from two to 12 years and a fine of up to $10,000.
- The criminal penalty escalates to a level 3 felony if the amount of cocaine involved is 28 grams or more. The prison sentence is three to 16 years and a fine of $10,000.
The penalties for these drug offenses increase when enhancing circumstances are present. These include prior criminal convictions, possession near the zone of danger, or involvement of minors in a criminal offense.
Penalties for Sale of Cocaine in Indiana
Indiana code delivers severe penalties on the distribution and sale of cocaine. Under state law, dealing includes possession of cocaine in an amount that indicates the intent to deliver or manufacture. The definition allows for a more strict prosecution of cocaine-related offenses.
Indiana state law considers drug trafficking as a felony charge with a prison sentence of up to thirty years. Indiana Code Section 35-48-4-1 provides the following penalties for the dealing of cocaine and other narcotic drugs:
- Simple possession of cocaine without a valid prescription is a level 6 felony. The penalty ranges from six months to two and a half years of prison and a fine of up to $10,000.
- The offense for possession of cocaine becomes a level 5 felony if the amount of cocaine involved is 5 to 10 grams. The prison sentence ranges from one to six years and a fine of up to $10,000.
- The offense of possession of cocaine is a level 4 felony if the amount of cocaine is 10 to 28 grams. The prison sentence ranges from two to 12 years and a fine of up to $10,000.
- The criminal penalty escalates to a level 3 felony if the amount of cocaine involved is 28 grams or more. The prison sentence is three to 16 years and a fine of $10,000.
Indiana code defines dealing as the knowing or intentional delivering, manufacturing, financing the manufacture, or financing the delivery of cocaine. This criminal offense also includes drug possession with intent to deal with these controlled substances.
Related Laws:
- Indiana Heroin Laws
- Indiana Drug Trafficking Laws
- Indiana Drug Possession Laws
- Indiana Drug Manufacturing Laws
Seek Legal Advice From a Criminal Defense Attorney
If you or someone you know is facing cocaine-related drug charges or other drug crimes, it's time to seek legal advice from a criminal defense attorney. They can evaluate the specifics of your case and identify possible mitigating factors and defense strategies. A lawyer will represent you in court if your case goes to trial.
FindLaw has a directory of drug crime attorneys in Indiana. Here, you can find their law office address and contact information. Reach out today and seek legal advice related to your case.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex drug crimes usually require a lawyer
- Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
- Drug crime laws involve many specifics that can quickly change a case
Get tailored legal advice and ask a lawyer questions. Many Indiana attorneys offer free consultations for Drug Crime.
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