Understanding the Criminal Justice System
In July 2025, a new Indiana law (SEA 324) came into effect, making changes to how fentanyl crimes are charged and increasing the penalties a person could face if they are found guilty. If you’re facing charges for a fentanyl-related crime, you must understand these changes and hire an attorney well-versed in fighting the felony charges against you.
What Has Changed?
Under Indiana Code 35-48-4-1, the amount of the fentanyl-containing substance a person is found with and “enhancing circumstance” determine the felony with which they will be charged. Now, the amount threshold for each felony level has been significantly decreased, while penalties have increased.
What the New Amount Threshold Looks Like
Below is what the changes look like:
| Felony Level | Before SEA 324 | After SEA 324 (Effective July 1, 2025) |
| Level 4 Felony | ≥ 1 gram but less than 3 grams | Any fentanyl-containing substance under 1 gram |
| Level 3 Felony | 3 – <7 grams, or 1-3 grams with “enhancing circumstances” | 1-5 grams or under 1 gram with “enhancing circumstances” |
| Level 2 Felony | 7 grams or more, or 3-7 grams with “enhancing circumstances” | 5 grams or more, or 1-5 grams with “enhancing circumstances” |
Understanding the Changes
“Enhancing circumstances” means that there are other factors that can bump a fentanyl-related charge to a more severe felony level, despite the amount of the substance found. These circumstances include things like past convictions for drugs or violent crimes, the crime is committed while in possession of a firearm, and if the crime is committed near a school or in the presence of children, among others.
It’s also important to know that prosecutors can aggregate the amount of fentanyl substance a person is found with over 90 days. What this means is that even if each incident involves only a small amount of fentanyl, they can add them together over a 90-day window. If the combined weight exceeds a higher threshold, the charge can be elevated to a more serious felony.
Understanding the Penalties
The felony level you are charged with will impact your potential prison sentence, fines, and plea bargain options. Fentanyl-related charges will be categorized as either a Level 4, Level 3, or Level 2 felony. These felonies come with the following penalties:
Level 2 felony: A prison sentence of 10 to 30 years and a fine of up to $10,000.
Level 3 felony: A prison sentence of 3 to 16 years and a fine of up to $10,000.
Level 4 felony: A prison sentence of 2 to 12 years and a fine up to $10,000.
Contact Razumich & Associates for Your Felony Fentanyl Defense
With the penalties for a fentanyl -related crime increased, it’s more important than ever to have a qualified defense attorney on your side. If you’ve been charged with a fentanyl-related crime, the criminal defense attorneys at Razumich & Associates are here to fight for you. Schedule a free case evaluation with one of our qualified attorneys today. Call us at 317-983-5333 or use our contact form.
