Indiana Drug Manufacturing Laws

Drug offenses come in various forms. Most people are familiar with drug possession charges, which often involve a person in control of a small quantity of a controlled substance. Another is the unauthorized production and processing of controlled substances, often called drug manufacturing.

Indiana's broad drug manufacturing charges cover not only the production of controlled substances but also related activities such as unauthorized packaging or repackaging. This article provides an overview of drug manufacturing laws in Indiana. It defines the crime and outlines the penalties associated with it.

Definition of Manufacturing of Drugs in Indiana

Indiana law has a broad approach when defining drug manufacturing. The state considers various activities as qualifying, including the following:

• Preparation of controlled substances
• Production of controlled substances
• Propagation of plants used to produce these controlled substances
• Processing of controlled substances

A person committing this crime can carry out the act using various methods, including chemical synthesis, extraction from natural sources, or a combination of techniques.

The comprehensive approach allows law enforcement authorities to apprehend people involved in any stage of the drug manufacturing process, from production to packaging of the controlled substance.

Classification of Controlled Substances in Indiana

Controlled substances under the Indiana Code are classified into five drug schedules. Schedule I drugs are those that pose a high risk for drug abuse and presently do not have accepted medical use. Schedule V drugs have a low risk for drug abuse and are presently used for medical purposes.

Indiana's drug schedule is listed below, with examples of controlled substances that fall under each category. Note that it differs in some ways from the federal drug schedule under the Controlled Substances Act.

Schedule I Drugs

These types of drugs are those with the highest potential for drug abuse that do not have accepted medical use. Some examples of Schedule I drugs in Indiana are heroin, ecstasy, LSD, and peyote.

Schedule II Drugs

These types of drugs also have a high potential for drug abuse, but have some accepted medical use despite severe restrictions. Examples of Schedule II drugs are opiates and opium derivatives. It also includes methamphetamine, methadone, cocaine, fentanyl, amphetamine, and oxycodone.

Schedule III Drugs

Compared to Schedules I and II, Schedule III drugs have a lower potential for drug abuse. They also have accepted medical use. Some examples of drugs that fall under this drug schedule are ketamine, anabolic steroids, testosterone, and medications with less than 90 milligrams of codeine in each dose.

Schedule IV Drugs

These types of drugs have a low risk for drug abuse, and their use results in minimal physical or psychological dependence compared to substances under Schedule III. Some examples of Schedule IV drugs are Barbital, Valium, Ativan, Tramadol, Xanax, and Lorcaserin.

Schedule V Drugs

Among all the drug schedules, Schedule V drugs have the lowest risk for drug abuse and widely accepted medical use. Substances under this drug schedule include cough medications such as Robitussin AC with 2000 milligrams or less of codeine, Lomotil, Atropine, and Lyrica.

General Charges for Drug Manufacturing

The drug charges for manufacturing in Indiana depend on the type of drug and the amount involved. Other enhancing circumstances can also affect these drug charges, such as committing the crime within a certain distance of specific locations or with a minor present. The table below provides a general overview of drug manufacturing charges in Indiana:

Enhanced Penalties

Indiana law also discusses factors that enhance the penalties for these drug offenses. These enhancing circumstances aim to give the offender harsher punishment for committing the act under certain circumstances. The following are some examples of enhancing circumstances as defined by the Indiana Code:

• Prior conviction: The offender has a prior criminal record for dealing with controlled substances
• Firearm possession: The offender committed the criminal offense while in possession of a firearm
• Committing the drug crime within a certain distance of protected zones: These zones include within 500 feet of a school property, public parks, and juvenile or penal facilities
• Involvement of minors: Applies if the offender knowingly commits a crime with a minor present or delivers illegal drugs to a minor who is at least three years younger

The act of drug manufacturing in itself is an enhancing circumstance. To have a better understanding of these charges, seek legal advice from a criminal defense attorney specializing in drug crimes.

Related Laws and Resources

The following provisions under the Indiana Code provide more detailed information about Indiana drug laws:

• Section 35-48-4-1 (Dealing in Cocaine or Narcotic Drug)
• Section 35-48-4-1.2 (Manufacturing Methamphetamine)
• Section 35-48-4-2 (Dealing in a Schedule I, II, or III Controlled Substance)
• Section 35-48-4-3 (Dealing in a Schedule IV Controlled Substance)
• Section 35-48-4-4 (Dealing in a Schedule V Controlled Substance)
• Section 35-48-4-10 (Dealing in Marijuana, Hash Oil, Hashish, or Salvia)
• Section 35-48-4-4.6 (Unlawful Manufacture, Distribution, or Possession of Counterfeit Substance)
• Section 35-48-4-8.1 (Manufacture of Paraphernalia)
• Section 35-48-4-10.5 (Dealing in a Synthetic Drug)

Related Resources

• Indiana Drug Possession Laws
• Indiana Drug Trafficking Laws
• Indiana Criminal Laws

Need Legal Advice About Drug Manufacturing Charges? Talk to an Indiana Criminal Defense Attorney

Drug crimes can carry severe and life-altering consequences. If you are facing drug manufacturing charges in Indiana, seek legal advice from a criminal defense attorney. A criminal defense attorney specializing in drug crimes can help evaluate your case and develop a solid legal defense tailored to your situation. They can also help you understand the drug charges under Indiana state law and explore your options.