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(1) the amount of the drug involved is at
least one (1) gram but less than five (5)
grams; or
(2) the amount of the drug involved is less
than one (1) gram and an enhancing cir-
cumstance applies.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at
least five (5) but less than ten (10) grams;
or
(2) the amount of the drug involved is at
least one (1) gram but less than five (5)
grams and an enhancing circumstance
applies.
(e) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at
least ten (10) grams; or
(2) the amount of the drug involved is at
least five (5) but less than ten (10) grams
and an enhancing circumstance applies.
35-48-4-1.1. Dealing in methamphetamine.
(a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of:
methamphetamine, pure or adulterated; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of:
(C) deliver; or
(D) finance the delivery of;
methamphetamine, pure or adulterated;
commits dealing in methamphetamine, a Level 5
felony, except as provided in subsections (b)
through (e).
(b) A person may be convicted of an offense
under subsection (a)(2) only if there is evidence
in addition to the weight of the drug that the per-
son intended to manufacture, finance the manu-
facture of, deliver, or finance the delivery of the
drug.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at
least one (1) gram but less than five (5)
grams; or
(2) the amount of the drug involved is
less than one (1) gram and an enhancing
circumstance applies.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at
least five (5) but less than ten (10) grams;
or
(2) the amount of the drug involved is at
least one (1) gram but less than five (5)
grams and an enhancing circumstance
applies.
(e) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at
least ten (10) grams; or
(2) the amount of the drug involved is at
least five (5) but less than ten (10) grams
and an enhancing circumstance applies;
or
(3) the person is manufacturing the drug
and the manufacture results in an explosion
causing serious bodily injury to a person
other than the manufacturer.
35-48-4-2. Dealing in a Schedule I, II, or III
controlled substance.
(a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of:
a controlled substance, pure or adulter-
ated, classified in schedule I, II, or III,
except marijuana, hash oil, hashish, salvia,
or a synthetic drug; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of:
(C) deliver; or
(D) finance the delivery of;
a controlled substance, pure or adulter-
ated, classified in schedule I, II or III,
except marijuana, hash oil, hashish, salvia,
or a synthetic drug;
commits dealing in a schedule I, II, or III con-
trolled substance, a Level 6 felony, except as pro-
vided in subsections (b) through (f).
(b) A person may be convicted of an offense
under subsection (a)(2) only if there is evidence