Indiana: Possession of a Controlled Substance

Possession of a Controlled Substance: How substances are classified

Controlled substances are drugs that the government classifies as having potential for abuse. Indiana uses schedules to classify controlled substances.

The Indiana General Assembly organized controlled substances into the following categories:

• Schedule I – Drugs that have a very high potential of being abused and have no known medical uses, such as LSD, peyote, heroin, and ecstasy. Marijuana is included in this schedule.
• Schedule II – The drugs in this schedule also have a high risk of being abused, but there are medical uses for these drugs in restricted situations. Drugs in this Schedule II include Ritalin, methadone, Vicodin, OxyContin, cocaine, and Demerol.
• Schedule III – Drugs in Schedule III have less of a risk of being abused and have accepted medical uses. Drugs in this schedule include testosterone, anabolic, and Tylenol with codeine.
• Schedule IV – The drugs in this schedule have a low risk of being abused but are still considered controlled substances. Drugs in Schedule IV include Valium, Xanax, Ambien, and Darvon.
• Schedule V – The controlled substances in Schedule V have a low risk for abuse and are routinely prescribed for medical conditions. These drugs include Lomotil, Lyrica, and cough syrups with less than 200 mg of codeine.

As you can see, controlled substances include drugs that can be purchased on the street and drugs that doctors prescribe. You must have a valid prescription to possess pharmaceutical drugs legally. The drugs must be dispensed by a pharmacy licensed to provide controlled substances. 

Overview of Possession of Controlled Substances in Indiana.

Examples of statutes criminalizing possession of a controlled substance or related materials include:

• Possession of cocaine or a narcotic drug under Indiana Code § 35-48-4-6 can range from a Level 6 felony to a Level 3 felony
• Possession of methamphetamine under Indiana Code § 35-48-4-6.1 can also range from a Level 6 felony to a Level 3 felony
• Possession of paraphernalia under Indiana Code § 35-48-4-8.3 can be a Class C misdemeanor or a Class A misdemeanor
• Possession of marijuana under Indiana Code § 35-48-4-11 can range from a Class B misdemeanor to a Level 6 felony
• Possession or sale of precursors under Indiana Code § 38-48-4-14.5 can be either a Level 5 or a Level 6 felony

Factors that can increase the level of the offense include the amount of the drug, paraphernalia, or precursors someone possesses, whether the accused also possess a firearm, and whether the offense was within 1,000 feet of a school or public park.

Talk to a Criminal Defense Attorney:

If you are facing charges for possession of a controlled substance in Indiana don’t go at it alone. Contact our office to set up a consultation to discuss your case. Our attorneys will fight to represent your rights.