CRIMINAL LAWAND PROCEDURE
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(C) deliver; or
(D) finance the delivery of;
a controlled substance, pure or adulter-
ated, classified in schedule V;
commits dealing in a schedule V controlled sub-
stance, a Class B misdemeanor, 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, finance the manu-
facture of, deliver, or finance the delivery of the
drug.
(c) The offense is a Class A misdemeanor 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 6 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 5 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 4 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.
35-48-4-4.1. Dumping controlled substance
waste.
(a) Aperson who dumps, discharges, discards,
transports, or otherwise disposes of:
(1) chemicals, knowing the chemicals were
used in the illegal manufacture of a con-
trolled substance or an immediate precur-
sor; or
(2) waste, knowing that the waste was pro-
duced from the illegal manufacture of a
controlled substance or an immediate pre-
cursor;
commits dumping controlled substance waste, a
Level 6 felony.
(b) It is not a defense in a prosecution under
subsection (a) that the person did not manufacture
the controlled substance or immediate precursor.
35-48-4-4.5. Dealing in a substance
represented to be a
controlled substance.
(a) A person who knowingly or intentionally
delivers or finances the delivery of any substance,
other than a controlled substance or a drug for
which a prescription is required under federal or
state law, that:
(1) is expressly or impliedly represented to
be a controlled substance;
(2) is distributed under circumstances that
would lead a reasonable person to believe
that the substance is a controlled substance;
or
(3) by overall dosage unit appearance,
including shape, color, size, markings, or
lack of markings, taste, consistency, or
any other identifying physical character-
istics of the substance, would lead a rea-
sonable person to believe the substance is
a controlled substance;
commits dealing in a substance represented to be
a controlled substance, a Level 6 felony.
(b) In determining whether representations
have been made, subject to subsection (a)(1), or
whether circumstances of distribution exist, sub-
ject to subsection (a)(2), the trier of fact may con-
sider, in addition to other relevant factors, the
following:
(1) Statements made by the owner or other
person in control of the substance, con-
cerning the substance’s nature, use, or
effect.
(2) Statements made by any person, to the
buyer or recipient of the substance, that the
substance may be resold for profit.
(3) Whether the substance is packaged in
