CRIMINAL LAWAND PROCEDURE
327
a manner uniquely used for the illegal dis-
tribution of controlled substances.
(4) Whether:
(A) the distribution included an
exchange of, or demand for, money or
other property as consideration; and
(B) the amount of the consideration
was substantially greater than the rea-
sonable retail market value of the sub-
stance.
35-48-4-4.6. Dealing or possessing a look-a-
like substance.
(a) A person who knowingly or intentionally:
(1) manufactures;
(2) finances the manufacture of;
(3) advertises;
(4) distributes; or
(5) possesses with intent to manufacture,
finance the manufacture of, advertise, or
distribute:
a substance described in section 4.5 of this chap-
ter commits a Level 5 felony.
(b) A person may be convicted of an offense
under subsection (a)(5) only if there is evidence
in addition to the weight of the substance that the
person intended to manufacture, finance the man-
ufacture of, advertise, or distribute the substance.
(c) A person who knowingly or intentionally
possesses a substance described in section 4.5 of
this chapter commits a Class C misdemeanor.
However, the offense is a Class A misdemeanor
if the person has a previous conviction under this
section.
(d) In any prosecution brought under this sec-
tion it is not a defense that the person believed the
substance actually was a controlled substance.
(e) This section does not apply to the follow-
ing:
(1) The manufacture, financing the man-
ufacture of, processing, packaging, distri-
bution, or sale of noncontrolled substances
to licensed medical practitioners for use as
placebos in professional practice or
research.
(2) Persons acting in the course and legit-
imate scope of their employment as law
enforcement officers.
(3) The retention of production samples
of noncontrolled substances produced
before September 1, 1986, where such
samples are required by federal law.
35-48-4-5. Dealing in a counterfeit substance.
A person who:
(1) knowingly or intentionally:
(A) creates;
(B) delivers; or
(C) finances the delivery of;
a counterfeit substance; or
(2) possesses, with intent to:
(A) deliver; or
(B) finance the delivery of;
a counterfeit substance;
commits dealing in a counterfeit substance, a
Level 6 felony. However, a person may be con-
victed of an offense under subsection (a)(2) only
if there is evidence in addition to the weight of the
counterfeit substance that the person intended to
deliver or finance the delivery of the counterfeit
substance.
35-48-4-6. Possession of cocaine or a narcotic
drug.
(a) Aperson who, without a valid prescription
or order of a practitioner acting in the course of
the practitioner’s professional practice, know-
ingly or intentionally possesses cocaine (pure or
adulterated) or a narcotic drug (pure or adulterated)
classified in schedule I or II, commits possession
of cocaine or a narcotic drug, a Level 6 felony,
except as provided in subsections (b) through (d).
(b) 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 less
than five (5) grams and an enhancing cir-
cumstance applies.
(c) 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.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at
