Most people are familiar with the term trafficking in the context of moving large quantities of illicit drugs, often from other countries and across state lines. Federal drug trafficking laws target the most extensive drug operations. These operations often involve multiple states.
While most state laws do not have designated drug trafficking laws, they criminalize the unauthorized sale of controlled substances. Someone who drives a van full of uncut cocaine across the border will face much stiffer penalties than someone selling a gram of cocaine on the street corner.
Indiana's drug trafficking laws are comprehensive, covering various types of drugs and specific threshold amounts. This article highlights Indiana's drug dealing and trafficking laws and the penalties under the state’s criminal law.
Schedule of Controlled Substances in Indiana
Indiana Code classifies controlled substances from Schedule I to V. Schedule I drugs have a high risk for drug abuse and no accepted medical use. Schedule V substances offer a low potential for drug abuse and have accepted medical uses. The following provides further detail on the schedule of controlled substances in Indiana:
Schedule I Drugs
These are substances that have the highest tendency for drug abuse and no accepted medical use. Examples of Schedule I drugs are Lysergic acid (LSD), heroin, ecstasy, and peyote.
Schedule II Drugs
These are substances with a high risk for drug abuse but have accepted medical use with severe restrictions. The abuse of the drugs listed under Schedule II could lead to severe physical or psychological dependence. Examples of Schedule II drugs include cocaine, methamphetamine, methadone, amphetamine, fentanyl, and oxycodone.
Schedule III Drugs
These substances are those that have a lower likelihood of drug abuse than Schedule I and II drugs. Schedule III drugs also have accepted medical use but could lead to minor physical dependence or significant psychological dependence. Examples of Schedule III drugs include ketamine, testosterone, anabolic steroids, and medicines containing 90 milligrams or less of codeine per dosage.
Schedule IV Drugs
These substances have a lower risk for drug abuse than those under Schedule III. Schedule IV drugs also have accepted medical use. The drug abuse of these substances could result in minimal physical or psychological dependence compared to other substances. Examples of Schedule IV drugs are Xanax, Lorcaserin, Valium, Ativan, and Tramadol.
Schedule V Drugs
These drugs have a low likelihood of drug abuse compared to other substances in Schedule IV. They also have accepted medical use. Schedule V drugs include cough preparations such as Robitussin AC with less than 2000 milligrams of codeine and other medications such as Motofen, Lomotil, and Parepectolin.
Indiana’s Threshold Amount for Drug Sales
Under the Indiana Code, the following is the threshold amount for drug trafficking charges in Indiana. The threshold amount varies depending on the type of drug involved.
Cocaine, narcotics (heroin, etc.), or methamphetamine:
- Less than 1 gram: Level 5 felony
- 1 to 5 grams: Level 4 felony
- 5 to 10 grams: Level 3 felony
- At least 10 grams: Level 2 felony
Other Schedule I, II, or III drugs, except marijuana and other synthetic drugs:
- Less than 1 gram: Level 6 felony
- 1 to 5 grams: Level 5 felony
- 5 to 10 grams: Level 4 felony
- 10 to 28 grams: Level 3 felony
- At least 28 grams: Level 2 felony
Marijuana, hash oil, hashish, or salvia, pure or adulterated:
- Less than 30 grams of marijuana or 5 grams of hash oil, hashish, or salvia: Class A misdemeanor
- Less than 30 grams of marijuana or 5 grams of hash oil, hashish, or salvia and a prior conviction; or 30 grams to 10 pounds of marijuana; or 5 grams to 300 grams of hash oil, hashish, or salvia: Level 6 felony
- 30 grams to 10 pounds of marijuana or 5 grams to 300 grams of hash oil, hashish, or salvia and a prior drug charge conviction; or more than 10 pounds of marijuana or more than 300 grams hash oil, hashish, or salvia: Level 5 felony
Schedule IV drugs:
- Less than 1 gram: Class A misdemeanor
- 1 to 5 grams: Level 6 felony
- 5 to 10 grams: Level 5 felony
- 10 to 28 grams: Level 4 felony
- At least 28 grams: Level 3 felony
Schedule V drugs:
- Less than 1 gram: Class B misdemeanor
- 1 to 5 grams: Class A misdemeanor
- 5 to 10 grams: Level 6 felony
- 10 to 28 grams: Level 5 felony
- At least 28 grams: Level 4 felony
Elements to Prove Drug Trafficking
For a conviction for drug trafficking to occur in Indiana, the prosecutor must prove the following key elements:
- The defendant has knowledge or intent to engage in the prohibited activity
- The activity involves financing the manufacture of, delivering, or financing the delivery of controlled substances
- The type of drug and the amount of the drugs involved
- Other circumstances that prove the intent to engage in drug trafficking
Penalties for Drug Trafficking
The following is the breakdown of potential penalties for drug trafficking in Indiana:
- Class B misdemeanor: Up to 180 days in jail, up to $1,000 fine
- Class A misdemeanor: Up to one year in jail, up to $5,000 fine
- Level 6 felony: six mos. to 2 1/2 years in prison
- Level 5 felony: one to six years in prison
- Level 4 felony: two to 12 years in prison
- Level 3 felony: three to 16 years in prison
- Level 2 felony: 10 to 30 years in prison
All trafficking offenses carry a maximum fine of $10,000. Indiana laws can enhance jail time and fines when certain circumstances are present. Examples of this include a defendant who has prior criminal offenses or committed the crime near schools or public parks. A person may be charged with federal and state crimes for the same drug offense.
Note: State laws are subject to change. While we strive to provide the most current information, please consult an attorney to learn how Indiana law applies to your unique situation.
Related Laws:
Seek Legal Advice
To convict you of drug trafficking in the state of Indiana, a prosecutor must prove that you intended to sell or transport drugs in addition to providing evidence that you possessed a certain amount of drugs.
If you are facing criminal charges related to drug offenses in Indiana, contact a criminal defense attorney experienced with drug crimes. They can assist you with evaluating your case and identifying a solid defense under Indiana’s drug laws. An attorney can help you develop a strong defense strategy and find the best possible outcome for your case.