07-09-12 Council Agenda & Packet

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Indiana Code 35-48-4 Page 3 of 4 IC 35-45-4-3 Dealing in a schedule IV controlled substance Sec. 3. (a)A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; a controlled substance, pure or adulterated, classified in schedule IV; or (2) possesses, with intent to manufacture or deliver, a controlled substance, pure or adulterated, classified in schedule IV; commits dealing in a schedule IV controlled substance, a Class C felony, except as provided in subsection (b). (b) The offense is a Class B felony if. (1) the person: (A) delivered; or (B) financed the delivery of; the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or (2) the person delivered or financed the delivery of the substance: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of- (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.98; P.L.296-1987, SEC 7,•P.L.165-1990, SEC5; P.L.296-1995, SEC.5; P.L.65-1996, SEC.13; P.L.17-2001, SEC.21. IC 35-48-4-4 Dealing in a schedule V controlled substance ,Sec. 4. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of, a controlled substance, pure or adulterated, classified in schedule V; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of, a controlled substance, pure or adulterated, classified in schedule V; commits dealing in a schedule V controlled substance, a Class D felony, except as provided in subsection (b). (b) The offense is a Class B felony if: (1) the person: (A) delivered; or http://www.in.gov/Iegislative/ic/code/title35/ar48/ch4.html 6/28/2012