Indiana Drug Dealing Charges

A drug dealing charge can carry years or decades in prison. The substance involved, its weight, and legally defined enhancing circumstances can substantially change the charge and sentencing range. For example, dealing less than one gram of cocaine or methamphetamine generally starts as a Level 5 felony, while dealing ten grams or more generally qualifies as a Level 2 felony carrying 10 to 30 years. Fentanyl-containing substances have separate, more severe thresholds. These cases often involve controlled buys, informants, phone evidence and search warrants, all of which deserve careful review.

As a prosecutor, I reviewed and prosecuted drug dealing cases, including cases built on controlled buys, confidential informants and search warrants, and I tried drug dealing cases before juries, including dealing resulting in death. I know how these investigations are put together and where they break down. I now use that experience to defend people charged with dealing.

What counts as dealing in Indiana?

Dealing covers more than selling. Depending on the substance and statute, prohibited conduct includes knowingly or intentionally delivering a drug, financing its delivery, manufacturing it, financing its manufacture, or possessing it with the required intent. Methamphetamine manufacturing is charged under a separate statute and generally starts as a Level 4 felony.

Delivery includes an actual or constructive transfer of a controlled substance from one person to another, as well as organizing or supervising that transfer. Money does not have to change hands. Giving or sharing drugs with another person can qualify as delivery.

Can I be charged with dealing just because of how much I had?

A small amount does not prevent a dealing charge, but weight alone is not enough to support a possession-with-intent conviction below the applicable statutory threshold. For cocaine, narcotic drugs, methamphetamine, and substances covered by Indiana's schedule I, II or III dealing statute, the law requires evidence of the required intent in addition to weight unless the amount is at least 28 grams. For marijuana, the corresponding threshold is ten pounds.

Prosecutors may rely on packaging, scales, cash, messages, statements or other circumstances to argue intent to deliver. Each item must be considered in context. The State still must prove the offense beyond a reasonable doubt.

How serious is a dealing charge?

For cocaine and methamphetamine, the basic dealing levels are listed below. The narcotic drug statute also contains these ordinary weight provisions, but heroin has additional aggregation provisions and fentanyl-containing substances have separate thresholds.

• Level 5 felony (1 to 6 years): less than 1 gram.
• Level 4 felony (2 to 12 years): 1 gram to less than 5 grams, or less than 1 gram with an enhancing circumstance.
• Level 3 felony (3 to 16 years): 5 grams to less than 10 grams, or 1 to less than 5 grams with an enhancing circumstance.
• Level 2 felony (10 to 30 years): 10 grams or more, or 5 to less than 10 grams with an enhancing circumstance.

Heroin and fentanyl have additional rules. Indiana permits aggregation of heroin amounts over a period of no more than 90 days under specified provisions. Those aggregation provisions can support Level 4, Level 3 or Level 2 charges depending on the amount and enhancing circumstances.

Dealing a fentanyl-containing substance starts at Level 4 for less than one gram. An aggregated amount of at least one but less than five grams over no more than 90 days supports Level 3, and five grams or more supports Level 2. An enhancing circumstance can elevate the lower fentanyl brackets. These thresholds concern the fentanyl-containing substance, not simply the amount of pure fentanyl.

For substances prosecuted under Indiana's schedule I, II or III dealing statute, the offense generally starts as a Level 6 felony and increases with weight and enhancing circumstances. It reaches Level 2 at 28 grams or more, or at ten to less than 28 grams when an enhancing circumstance applies. The applicable statute depends on the particular substance.

Marijuana dealing is covered on my marijuana page. It starts as a Class A misdemeanor and can become a felony based on weight, prior convictions or other circumstances.

A sentencing range does not mean the entire sentence can be suspended. Indiana restricts suspension of Level 2 sentences and certain Level 3 sentences, including Level 3 cases involving qualifying prior felony convictions.

What is an enhancing circumstance?

An enhancing circumstance can increase the felony level under the applicable drug statute. Indiana law lists these:

• a prior conviction for dealing a drug other than marijuana, hash oil, hashish or salvia;
• possessing a firearm while committing the offense;
• committing the offense on a school bus, or within 500 feet of school property or a public park while a person under 18 was reasonably expected to be there;
• delivering or financing delivery of the drug to someone under 18 who is at least three years younger than the accused;
• manufacturing or financing manufacture of the drug;
• committing the offense in the physical presence of a child under 18, knowing the child was present and might see or hear it;
• committing the offense on the property of a jail, prison or juvenile facility; or
• knowingly committing the offense in, on or within 100 feet of a qualifying treatment or recovery facility, including certain places used for recovery or support group meetings.

These facts can add years. Each one is something the State must prove, and each one deserves a close look.

Is there a defense to the school or park enhancement?

Yes, two. It is a defense if you were only briefly within 500 feet of the school or park and no one under 18 who was at least three years younger than you was within 500 feet at the time. It is also a defense if you were there at the request or suggestion of a police officer or someone working with police, such as an informant who set the meeting place.

These defenses apply only to the school or park element, not to the dealing charge itself.

What if someone died after using the drugs?

Indiana has a separate, more serious offense called dealing in a controlled substance resulting in death. Depending on the drug, it can be a Level 1, Level 2 or Level 3 felony. See my page on Indiana murder and homicide charges.

How are drug dealing cases usually investigated?

• Controlled buys. Police use an informant or undercover officer to buy drugs, usually while recording. The recording, the search of the informant before and after, and the chain of custody of the drugs all matter.
• Confidential informants. Informants may receive payment, charging consideration or other benefits. Their incentives, reliability and prior statements matter. Whether the defense can obtain identifying information or controlled-buy recordings depends on the evidence, the applicable privilege, and the defendant's need to prepare a fair defense.
• Search warrants. A warrant must be supported by probable cause. Stale information, unreliable informants, or an affidavit that overstates the facts can lead to suppression of the evidence.
• Traffic stops. A stop must be lawful, and police generally cannot prolong a traffic stop for a drug dog investigation without independent reasonable suspicion or another lawful basis. The timing of the investigation and the justification for any vehicle search require close review.
• Phones. Messages and other digital evidence may be important to the State's case. Searching digital information on a seized phone generally requires a warrant, although consent or another recognized exception may apply.
• Lab testing and weight. The State must prove what the substance is and how much there was. Whether packaging was included, how the lab tested it, and whether the scale was accurate can decide the level of the charge.

How is a drug dealing charge defended?

Every case is different, but these are questions I look at in every dealing case:

• Was the search legal? If the stop, the warrant or the search was unlawful, the evidence may be suppressed.
• Can the State prove possession? Being near drugs in a shared home or vehicle does not automatically establish possession. When the State relies on constructive possession, it must prove the required ability and intent to exercise control, including circumstances supporting knowledge when possession of the premises is shared.
• Is there real evidence of intent to deliver? Or does the evidence fit personal use?
• Is the weight right? A small change in weight can change the level of the charge.
• Can the enhancing circumstance be proven? Was a child actually reasonably expected at the park? Was the gun really possessed during the offense? Does a defense apply?
• Is the informant credible? What deals were made, and what do the recordings actually show?

Depending on the evidence, your history and available local options, a case may be resolved through dismissal, a reduced charge such as possession, or an eligible alternative program. No particular outcome is guaranteed.

What should I do if I am charged or under investigation?

• Do not talk to police without a lawyer, including about who the drugs belonged to.
• Do not voluntarily consent to a search without legal advice. You may clearly state that you do not consent. Refusing consent does not prevent police from searching when they have a warrant or another lawful basis. Do not physically resist.
• Discuss the facts privately with your lawyer. Ordinary jail calls and messages may be monitored or recorded, and communications with other people may become evidence. Ask your lawyer how to communicate confidentially.
• Do not agree to work as an informant without consulting a lawyer. Have counsel review who has authority to make any agreement, what is being promised, and what obligations or risks the agreement creates.
• Call a lawyer early. Video, recordings and lab records need to be requested and reviewed quickly.

Every case depends on its own facts. This page is general information, not legal advice, and past results do not guarantee a similar outcome.