Possession of Controlled Substance — PG 1
Knowingly or intentionally possesses a controlled substance in Penalty Group 1 (cocaine, heroin, methamphetamine, fentanyl, ketamine, oxycodone, hydrocodone in higher concentrations, most opioids). Aggregate weight includes adulterants and dilutants.
The base classification is Graded by weight, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- PG 1 substance
- <1 g aggregate (incl. adulterants/dilutants)
Knowingly or intentionally possesses a controlled substance in Penalty Group 1 (cocaine, heroin, methamphetamine, fentanyl, ketamine, oxycodone, hydrocodone in higher concentrations, most opioids). Aggregate weight includes adulterants and dilutants.
| If this condition applies… | Charge escalates to |
|---|---|
| <1 g | State jail felony |
| ≥1 g but <4 g | 3rd degree felony |
| ≥4 g but <200 g | 2nd degree felony |
| ≥200 g but <400 g | 1st degree felony |
| ≥400 g | 10–99 yrs or life; fine up to $100,000 |
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Worked examples
Possession of less than one gram of a Penalty Group 1 substance ('POSS CS PG1 <1G') is what level of offense?
- Class A misdemeanor
- State jail felony Correct
- 3rd degree felony
- 2nd degree felony
Possession of one gram or more but less than four grams of a Penalty Group 1 substance is what level of offense?
- State jail felony
- 3rd degree felony Correct
- 2nd degree felony
- 1st degree felony
Possession of 4 grams or more but less than 200 grams of a Penalty Group 1 substance is what level of offense?
- 3rd degree felony
- 2nd degree felony Correct
- 1st degree felony
- Enhanced 1st degree (5–99 or life, fine up to $50,000)