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 or controlled substance analog, 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 or controlled substance analog, pure or adulterated, classified in schedule V; commits dealing in a schedule V controlled substance, a Class B misdemeanor, except as provided in subsections (b) through (f). (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 Class A misdemeanor if: (1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or (2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies. (d) The offense is a Level 6 felony if: (1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or (2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies. (e) The offense is a Level 5 felony if: (1) the amount of the drug involved is at least ten (10) grams but less than twenty-eight (28) grams; or (2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies. (f) The offense is a Level 4 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) grams but less than twenty-eight (28) grams and an enhancing circumstance applies.
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