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Skilled Criminal Defense Attorney for Codeine Cases in Fort Wayne

Determined trial lawyer protects your rights anywhere in Indiana

If you are arrested for codeine possession or dealing in codeine, there are a number of complexities that can influence the outcome of your case. Codeine can be a Schedule II, Schedule III or a Schedule V drug depending on its potency, so how the authorities quantify the drug is very important. Codeine is also legal with a prescription, so how you came into possession of the drug becomes a question for the court when considering whether you broke the law. At the Law Offices of Ryan E. Lackey, we push back against zealous prosecution.

Understanding codeine under Indiana law

Codeine is a narcotic drug available by prescription to relieve mild to moderately severe pain and to suppress coughs. Illicitly, codeine is also used to achieve euphoria similar to that of morphine. Like morphine, codeine is habit-forming, so patients who start on the drug legally can find themselves addicted. A product containing codeine is scheduled as follows:

  • Schedule II — Potency greater than 1.8 grams per 100 milliliters
  • Schedule III — Potency not more than 1.8 grams per 100 milliliters or not more than 90 milligrams per dosage unit
  • Schedule V — Potency less than 200 milligrams per 100 milliliters

Dealing in a Schedule II or III codeine starts as a Level 6 felony with a mandatory minimum sentence of six months. The level of the offenses rises depending on the amount of the drug:

  • Level 5 felony — Amount is at least one gram but less than five grams, or less than one gram with an enhancing circumstance. The mandatory minimum sentence is one year, and the maximum is six years.
  • Level 4 felony — Amount is at least five but less than 10 grams, or at least one but less than five grams with an enhancing circumstance. The minimum sentence is two years, and the maximum is twelve years.
  • Level 3 felony — Amount is at least 10 grams but less than 28, or at least five but less than 10 grams with an enhancing circumstance. The mandatory minimum sentence is three years, and the maximum is 16 years.
  • Level 2 felony — Amount is at least 28 grams, or at least 10 grams but less than 28 with an enhancing circumstance. The mandatory minimum sentence is 10 years, and the maximum is 30 years.

Dealing in Schedule V codeine starts as a Class B misdemeanor but can be more severe depending on the weight in question:

  • Class A misdemeanor — Amount is at least one but less than five grams, or less than one gram with an enhancing circumstance. Maximum sentence is one year in jail and a $5,000 fine.
  • Level 6 felony — Amount is at least five but less than 10 grams, or at least one but less than five grams with an enhancing circumstance. The mandatory minimum sentence is six months.
  • Level 5 felony — Amount is at least 10 grams but less than 28, or at least five but less than 10 grams with an enhancing circumstance. The mandatory minimum sentence is one year, and the maximum is six years.
  • Level 4 felony — Amount is at least 28 grams, or at least 10 grams but less than 28 with an enhancing circumstance. The mandatory minimum sentence is two years, and the maximum is twelve years.

Indiana law requires evidence of intent to sell “in addition to the weight of the drug.”

Possession of Schedule II or III codeine is a Level 6 felony with a mandatory minimum sentence of six months. Additional factors can elevate the crime:

  • Level 5 felony — Amount is at least five but less than 10 grams, or less than five grams with an enhancing circumstance. The mandatory minimum sentence is one year, and the maximum is six years.
  • Level 4 felony — Amount is at least 10 but less than 28 grams, or at least five but less than 10 grams with an enhancing circumstance. The minimum sentence is two years, and the maximum is twelve years.
  • Level 3 felony — Amount is at least 28 grams, or at least 10 grams but less than 28 with an enhancing circumstance. The mandatory minimum sentence is three years, and the maximum is 16 years.

Possession of schedule V codeine is a Class A misdemeanor with a maximum one-year jail sentence and a $5,000 fine. Possession of more than four ounces of schedule V codeine in any 48-hour period is a Level 6 felony.

As your drug crime lawyer, we challenge the authorities on police procedures and forensics. We provide aggressive defense representation, and we never forget our duty to achieve the best possible outcome for your case.

Get effective criminal defense counsel for codeine arrests in Fort Wayne

If you’ve been arrested for codeine, there are a number of legal complexities that could influence how you are charged and what sentence you could face. To get the best results, you need a knowledgeable and skilled defense attorney who knows Indiana drug law. Call the Law Offices of Ryan E. Lackey today at 260-209-1666 or contact our Fort Wayne office online.