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Cocaine is a powerful central nervous system stimulant derived from the leaves of the coca plant (erythroxylon coca), indigenous to the Andes Mountains in South America. Coca has been used for centuries by the natives of Peru and Bolivia, who chew or suck the leaves to increase endurance and relieve hunger. Its effects are similar to those of amphetamines.
The leaves of the coca plant are made into a paste and its contents heated with hydrochloric acid to produce cocaine hydrochloride. This most common form of cocaine is a white, crystalline powder, freely soluble in water, but rarely used internally or injected. The most popular method of use is to separate the powder into fine "lines" of approximately 1/4 gram, 4-6 inches long. A small straw is then used to "snort" the cocaine into the nose.
Cocaine stimulates the cells of the central nervous system and cardiovascular system. The feeling of stimulation that comes from cocaine use is due to its activation of nerve cells in the brain that release dopamine, a chemical associated with pleasure and a sense of alertness. Physical symptoms include an accelerated heart rate and breathing, and higher blood pressure and temperature. The two most important factors in determining the effect of the drug are the amount taken and the method of ingestion. Intravenous use ordinarily produces a euphoria within 20-30 seconds, whereas snorting may take from 3-5 minutes. The effects of smoking cocaine or crack are almost immediate.
The common street selling price of cocaine hydrochloride powder is $80-$100 per gram. The purity of the drug is almost always diluted by dealers wanting to increase the volume of the cocaine to multiply profits. Popular "cutting" agents include lactose, inositol, mannitol, lidocaine, and even cornstarch, talcum powder, or sugar.
Street names: Coke, Charlie, Snow, Flake, Blow, Toot, Aunt, Uptown, Yao, Dream, Foo-Foo Dust, White Dragon
Freebase cocaine is cocaine without its water-soluble component, or "base." It is prepared by dissolving cocaine hydrochloride with a strong alkali, and drawing out the cocaine from its impurities. The preparation of freebase cocaine involves the use of highly explosive solvents such as ether. "Crack" or "rock" cocaine is the street name given to freebase cocaine processed from cocaine hydrochloride to a base, then using ammonia or baking soda and heating it to remove the hydrochloride. The resulting mixture is allowed to harden, then broken into small pieces or rocks, which can be easily smoked in a pipe. The term "crack" refers to the crackling sound made when the mixture is smoked.
While prices for crack vary according to purity, quantity, and place of sale, its relatively cheap price has caused this form of cocaine to become very popular in the inner cities. Common street prices for a rock are $40 (1/4 gram) or $10-$25 (1/10 gram). Smoking delivers large quantities of cocaine into the lungs, reaching the brain in a few seconds, and producing a high more intense than cocaine powder. The "high" lasts 15-30 minutes followed by a more crushing depression. Following its introduction in the mid-1980's, crack has quickly attracted a loyal following, and has brought with it increased drug abuse problems and violence.
See U.S. Department of Justice, Drug Enforcement Administration -
Indiana law makes no distinction between cocaine hydrochloride powder, freebase, or crack. All are included in the definition of "cocaine" in IC 35-48-1-7, which is listed as a Schedule II controlled substance under IC 35-48-2-6(b)(4).
Penalties for possession and dealing cocaine are the same as for all other Schedule I or II narcotic substances (Heroin, Morphine, Hydromorphone, Oxycodone) and Methamphetamine. It is a Level 5 Felony if the amount of cocaine (pure or adulterated) is at least 5 grams. It is also a Level 5 Felony if the amount of cocaine is less than 5 grams, AND an enhancing circumstance applies. It is a Level 4 Felony if the amount of cocaine (pure or adulterated) is at least 10 grams. It is also a Level 4 Felony if the amount of cocaine is less than 10 grams, AND an enhancing circumstance applies. It is a Level 3 Felony if the amount of cocaine (pure or adulterated) is at least 28 grams. It is also a Level 3 Felony if the amount of cocaine is 10 grams or more, but less than 28 grams, AND an enhancing circumstance applies. An "enhancing circumstance" under IC 35-48-1-16.5 means one (1) or more of the following: A Level 6 felony is punishable by 1/2 to 2 1/2 years imprisonment and up to $10,000.
Possession of Cocaine not only includes possession on the person, but may also include the "constructive possession" of cocaine found in any area over which dominion and control are exercised. For example, the driver of a car may be in constructive possession of cocaine found inside the glove compartment or trunk. The resident owner of a home may be in constructive possession of cocaine found in the kitchen or bedroom.
Dealing in Cocaine under IC 35-48-4-1 is a Level 5 Felony offense.
In order to constitute "Dealing" it must be proved that the Defendant knowingly or intentionally: "Delivery" does not require an exchange of money or property, but only requires a mere transfer. To prove "intent" to do any of the above, there must be evidence in addition to the weight of the drug, unless the amount of the drug involved is at least 28 grams of cocaine. It is a Level 4 Felony if:
It is a Level 3 Felony if: It is a Level 2 Felony if: An "enhancing circumstance" under IC 35-48-1-16.5 means one (1) or more of the following: A Level 5 Felony is punishable by 1 to 6 years imprisonment and up to $10,000. |
