Sec. 1. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; commits dealing in cocaine or a narcotic drug, a Level 5 felony, except as provided in subsections (b) through (e). (b) A person may be convicted of an offense under subsection (a)(2) only if: (1) there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug; or (2) the amount of the drug involved is at least twenty-eight (28) grams. (c) The offense is a Level 4 felony if: (1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; (2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies; (3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; or (4) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved is less than one (1) gram. (d) The offense is a Level 3 felony if: (1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; (2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies; (3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams but less than twelve (12) grams; (4) the drug is heroin and: (A) the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least three (3) grams but less than seven (7) grams; and (B) an enhancing circumstance applies; (5) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least one (1) gram but less than five (5) grams; or (6) the drug is a fentanyl containing substance and: (A) the amount of fentanyl containing substance involved is less than one (1) gram; and (B) an enhancing circumstance applies. (e) The offense is a Level 2 felony if: (1) the amount of the drug involved is at least ten (10) grams; (2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies; (3) the drug is heroin and the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least twelve (12) grams; (4) the drug is heroin and: (A) the amount of heroin involved, aggregated over a period of not more than ninety (90) days, is at least seven (7) grams but less than twelve (12) grams; and (B) an enhancing circumstance applies; (5) the drug is a fentanyl containing substance and the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least five (5) grams; or (6) the drug is a fentanyl containing substance and: (A) the amount of fentanyl containing substance involved, aggregated over a period of not more than ninety (90) days, is at least one (1) gram but less than five (5) grams; and (B) an enhancing circumstance applies.
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