Indiana Drug Manufacturing Laws

The crime of drug manufacturing is a serious felony offense in Indiana – far greater than mere drug possession. A drug manufacturer is essentially being accused by the Indiana district attorney of the actual manufacture and production of a controlled substance, while distribution or trafficking charges are more concerned with the movement or delivery of a controlled substance.

When we are referring to “manufacturing,” it can mean a number of things. Perhaps you’ve found a method of “cooking up” methamphetamine at home and want to try it for personal use. Maybe you decided to cultivate your own, personal marijuana grow house. Or perchance you are running a serious drug business and making “meth” in a sophisticated laboratory. Whatever the vehicle or reason for production, it is always illegal to manufacture controlled substances in Indiana. In fact, this crime may also be charged under federal law depending on the nature of the offense.

Indiana Drug Manufacturing Laws: Overview

The charges and penalties under Indiana’s drug manufacturing laws are detailed in the following chart. Because this crime can be charged under state or federal law, depending on whether the manufacturing activities cross state lines, it is wise to seek legal counsel right away if you’ve been accused.

Statutes

  • Indiana Code Section 35-48-4-1 et seq. (Manufacturing)
  • Indiana Code Section 35-48-4-10 (Manufacturing Marijuana and related drugs)

Drug Classification by Type and Amount

Cocaine, methamphetamine, or any other schedule I or II drug:

  • Level 5 felony: Less than 1 gram
  • Level 4 felony: 1 to 5 grams
  • Level 3 felony: 5 to 10 grams
  • Level 2 felony: At least 10 grams

Marijuana, hash oil, hashish, or salvia, pure or unadulterated:

Level 6 felony:

  • With a prior drug conviction, less than 30 grams of marijuana;  or less than 5 grams of hash oil, hashish, or salvia or
  • Without a prior drug conviction, at least 30 grams but less than 10 pounds of marijuana or at least 5 grams but less than three hundred 300 grams of hash oil, hashish, or salvia

Level 5 felony:

  • With a prior drug dealing conviction, at least 30 grams but less than 10 pounds of marijuana or at least 5 grams but less than three hundred 300 grams of hash oil, hashish, or salvia
  • Without a prior drug dealing conviction, at least 10 pounds of marijuana;  or at least 300 grams of hash oil, hashish, or salvia; or
  • offense involved a sale to a minor.

Penalties

  • Level 6 felony: 6 mos. to 2 1/2 yrs. in prison
  • Level 5 felony: 1 to 6 yrs. in prison
  • Level 4 felony: 2 to 12 yrs. in prison
  • Level 3 felony: 3 to 16 yrs. in prison
  • Level 2 felony: 10 to 30 yrs. in prison

All felony sentences carry a maximum fine of $10,000.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Additional Resources

If you have additional questions about the drug manufacturing laws in Indiana, click on the following links below to learn more:

Next Steps: Get a Free Case Review from an Indiana Criminal Defense Lawyer

Drug manufacturing isn’t as glamorous as you may have seen on popular shows like “Breaking Bad.” While your case might not rise to the notorious Walter White-type levels, it should still be taken seriously nonetheless. Learn more about possible defenses and more from an experienced Indiana criminal defense attorney with a free case review today.

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