CRIMINAL LAWAND PROCEDURE
325
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 5 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 cir-
cumstance applies.
(d) The offense is a Level 4 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 3 felony if:
(1) the amount of the drug involved is at
least ten (10) but less than twenty-eight
(28) 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.
(f) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at
least twenty-eight (28) grams; or
(2) the amount of the drug involved is at
least ten (10) but less than twenty-eight
(28) grams and an enhancing circumstance
applies.
35-48-4-3. Dealing in a Schedule IV
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 IV; or
(2) possesses, with intent to manufacture
or deliver, a controlled substance, pure or
adulterated, classified in schedule IV;
commits dealing in a schedule IV controlled sub-
stance, a ClassAmisdemeanor, except as provided
in subsections (b) through (f).
(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 or deliver the con-
trolled substance.
(c) The offense is a Level 6 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 cir-
cumstance applies.
(d) The offense is a Level 5 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 4 felony if:
(1) the amount of the drug involved is at
least ten (10) but less than twenty-eight
(28) 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.
(f) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at
least twenty-eight (28) grams; or
(2) the amount of the drug involved is at
least ten (10) but less than twenty-eight
(28) grams and an enhancing circumstance
applies.
35-48-4-4. Dealing in a Schedule V 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 V; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of: