CRIMINAL LAWAND PROCEDURE
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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.
35-48-4-6.1. Possession of methamphetamine.
(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 methampheta-
mine (pure or adulterated), commits possession of
methamphetamine, a Level 6 felony, except as pro-
vided 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
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.
35-48-4-7. Possession of a controlled
substance.
(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 a controlled sub-
stance (pure or adulterated) classified in schedule
I, II, III, or IV, except marijuana, hashish, salvia,
or a synthetic cannabinoid, commits possession of
a controlled substance, a Class A misdemeanor,
except as provided in subsection (b).
(b) The offense is a Level 6 felony if the per-
son commits the offense and an enhancing cir-
cumstance applies.
(c) 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 obtains:
(1) more than four (4) ounces of schedule
V controlled substances containing codeine
in any given forty-eight (48) hour period
unless pursuant to a prescription;
(2) a schedule V controlled substance pur-
suant to written or verbal misrepresenta-
tion; or
(3) possession of a schedule V controlled
substance other than by means of a pre-
scription or by means of signing an exempt
narcotic register maintained by a phar-
macy licensed by the Indiana state board
of pharmacy;
commits a Class A misdemeanor.
35-48-4-8.1. Manufacture of paraphernalia.
(a) A person who manufactures, finances the
manufacture of, or designs an instrument, a device,
or other object that is intended to be used prima-
rily for:
(1) introducing into the human body a con-
trolled substance;
(2) testing the strength, effectiveness, or
purity of a controlled substance; or
(3) enhancing the effect of a controlled
substance;
in violation of this chapter commits a Class A
infraction for manufacturing paraphernalia.
(b) A person who:
(1) knowingly or intentionally violates this
section; and
(2) has a previous judgment for violation
of this section;
commits manufacture of paraphernalia, a Level 6
felony.
35-48-4-8.3. Possession of paraphernalia.
(a) Aperson who possesses a raw material, an
instrument, a device, or other object that the per-
son intends to use for:
(1) introducing into the person’s body a
controlled substance;
(2) testing the strength, effectiveness, or
purity of a controlled substance; or
(3) enhancing the effect of a controlled
substance;
