Laws Related to Drugs and Alcohol

Here are a few of the laws in regards to alcohol and drugs. Do not think that this list is exhaustive, there are more. These are the commonly encountered laws by IU Police Officers. The following laws are current as of January 2003. The following text should be used as a guide not the definitive answer. Some text from the excerpts was omitted.  Search the Indiana Code.

Alcohol Related

  • IC 7.1-5-7-1 False statements of age Sec. 1. (a) It is a Class C infraction for a minor to make a false statement of the minor's age or to present or offer false or fraudulent evidence of majority or identity to a permittee for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure an alcoholic beverage. (b) In addition to the penalty under subsection (a), a minor who: (1) uses a false or altered driver's license or the driver's license of another person as evidence of majority under this section; or (2) is convicted of purchasing or procuring an alcoholic beverage with or without using a false or altered driver's license; shall have the minor's driver's license suspended for up to one (1) year in accordance with IC 9-24-18-8 and IC 9-30-4-9. (c) Upon entering a judgment for the infraction under this section, the court shall forward a copy of the judgment to the bureau of motor vehicles for the purpose of complying with subsection (b).
  • IC 7.1-5-7-2 Furnishing false evidence of identification Sec. 2. It is a Class C misdemeanor for a person to sell, give, or furnish to a minor false or fraudulent evidence of majority or identity with the intent to violate a provision of this title.
  • IC 7.1-5-7-3 Possession of false identity Sec. 3. It is a Class C infraction for a minor to have in his possession false or fraudulent evidence of majority or identity with the intent to violate a provision of this title.
  • IC 7.1-5-7-7 Illegal possession Sec. 7. (a) It is a Class C misdemeanor for a minor to knowingly: (1) possess an alcoholic beverage; (2) consume it; or (3) transport it on a public highway when not accompanied by at least one (1) of his parents or guardians. (b) If a minor is found to have violated subsection (a) while operating a motor vehicle, the court may order the minor's driver's license suspended for up to one (1) year. However, if the minor is less than eighteen (18) years of age, the court shall order the minor's driver's license suspended for at least sixty (60) days. (c) The court shall deliver any order suspending the minor's driver's license under this section to the bureau of motor vehicles, which shall suspend the minor's driver's license under IC 9-24-18-12 for the period ordered by the court.
  • IC 7.1-5-7-8 Sales to minors prohibited Sec. 8. (a) It is a Class C misdemeanor for a person to recklessly sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor. (b) This section shall not be construed to impose civil liability upon any educational institution of higher learning, including but not limited to public and private universities and colleges, business schools, vocational schools, and schools for continuing education, or its agents for injury to any person or property sustained in consequence of a violation of this section unless such institution or its agent sells, barters, exchanges, provides, or furnishes an alcoholic beverage to a minor.
  • IC 7.1-5-7-15 Aiding unlawful possession Sec. 15. A person twenty-one (21) years of age or older who knowingly or intentionally encourages, aids, or induces a minor to unlawfully possess an alcoholic beverage commits a Class C infraction.
  • IC 7.1-5-1-3 Public intoxication prohibited Sec. 3. It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9).
  • IC 7.1-5-1-6 Intoxication upon common carrier prohibited Sec. 6. It is a Class B misdemeanor for a person to be, or to become, intoxicated as a result of the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9) in or upon a vehicle commonly used for the public transportation of passengers, or in or upon a common carrier, or in or about a depot, station, airport, ticket office, waiting room or platform.

Drug Related

  • IC 35-48-4-11 Possession of marijuana, hash oil, or hashish Sec. 11. A person who: (1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, or hashish; (2) knowingly or intentionally grows or cultivates marijuana; or (3) knowing that marijuana is growing on his premises, fails to destroy the marijuana plants; commits possession of marijuana, hash oil, or hashish, a Class A misdemeanor. However, the offense is a Class D felony (i) if the amount involved is more than thirty (30) grams of marijuana or two (2) grams of hash oil or hashish, or (ii) if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish.
  • IC 35-48-4-8.3 Possession of paraphernalia Sec. 8.3. (a) A person who possesses a raw material, an instrument, a device, or other object that the person intends to use for: (1) introducing into the person's body a controlled substance; (2) testing the strength, effectiveness, or purity of a controlled substance; or (3) enhancing the effect of a controlled substance; in violation of this chapter commits a Class A infraction for possessing paraphernalia. (b) A person who: (1) knowingly or intentionally violates subsection (a); and (2) has a previous judgment or conviction under this section; commits possession of paraphernalia, a Class D felony. (c) A person who recklessly possesses a raw material, an instrument, a device, or other object that is to be used primarily for: (1) introducing into the person's body a controlled substance; (2) testing the strength, effectiveness, or purity of a controlled substance; or (3) enhancing the effect of a controlled substance; in violation of this chapter commits reckless possession of paraphernalia, a Class A misdemeanor. However, the offense is a Class D felony if the person has a previous judgment or conviction under this section.
  • IC 35-48-4-13 Visiting or maintaining a common nuisance Sec. 13. (a) A person who knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any person to unlawfully use a controlled substance commits visiting a common nuisance, a Class B misdemeanor. (b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used one (1) or more times: (1) by persons to unlawfully use controlled substances; or (2) for unlawfully: (A) manufacturing; (B) keeping; (C) offering for sale; (D) selling; (E) delivering; or (F) financing the delivery of; controlled substances, or items of drug paraphernalia as described in IC 35-48-4-8.5; commits maintaining a common nuisance, a Class D felony.
  • IC 35-48-4-10 Dealing in marijuana, hash oil, or hashish Sec. 10. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; marijuana, hash oil, or hashish, pure or adulterated; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; marijuana, hash oil, or hashish, pure or adulterated; commits dealing in marijuana, hash oil, or hashish, a Class A misdemeanor, except as provided in subsection (b). (b) The offense is: (1) a Class D felony if: (A) the recipient or intended recipient is under eighteen (18) years of age; (B) the amount involved is more than thirty (30) grams but less than ten (10) pounds of marijuana or two (2) grams but less than three hundred (300) grams of hash oil or hashish; or (C) the person has a prior conviction of an offense involving marijuana, hash oil, or hashish; and (2) a Class C felony if the amount involved is ten (10) pounds or more of marijuana or three hundred (300) or more grams of hash oil or hashish or the person delivered or financed the delivery of marijuana, hash oil, or hashish: (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.
  • IC 35-48-4-6 Possession of cocaine or narcotic drug Sec. 6. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses cocaine (pure or adulterated), a narcotic drug (pure or adulterated) classified in schedule I or II, or methamphetamine (pure or adulterated) commits possession of cocaine, a narcotic drug, or methamphetamine, a Class D felony, except as provided in subsection (b). (b) The offense is: (1) a Class C felony if: (A) the amount of the drug involved (pure or adulterated) weighs three (3) grams or more; or (B) the person was also in possession of a firearm (as defined in IC 35-47-1-5); (2) a Class B felony if the person in possession of the cocaine, narcotic drug, or methamphetamine possesses less than three (3) grams of pure or adulterated cocaine, a narcotic drug, or methamphetamine: (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; and (3) a Class A felony if the person possesses the cocaine, narcotic drug, or methamphetamine in an amount (pure or adulterated) weighing at least three (3) grams: (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.
  • IC 35-48-4-5 Dealing in a counterfeit substance Sec. 5. A person who: (1) knowingly or intentionally: (A) creates; (B) delivers; or (C) finances the delivery of; a counterfeit substance; or (2) possesses, with intent to: (A) deliver; or (B) finance the delivery of; a counterfeit substance; commits dealing in a counterfeit substance, a Class D felony.
  • 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)