"Possession" is defined under Indiana law as knowingly in either actual or constructive possession of a controlled substance, so as to exercise dominion and control.

"Dealing" is defined under Indiana law as knowingly or intentionally manufacturing, financing the manufacture, delivering, or financing the delivery of a controlled substance. To constitute delivery, there is no requirement of a sale, mere transfer from one person to another is sufficient. "Dealing" may also include possession with intent to manufacture, with intent to finance the manufacture, with intent to deliver, or with intent to finance the delivery of a controlled substance.

The elements and penalties for drug crimes are prescribed by the Indiana Legislature. Generally, the penalties are assigned based upon several important factors:

Type of Drug (Schedule of Drug, Degree of medically accepted use, Potential for abuse);
Possession, Manufacturing, or Dealing;
Is it a Narcotic?;
Amount of Drug (For personal use or dealing);
Danger to others;
Near School or Park;
While in Posession of Handgun;
Prior Drug Convictions
Delivered to Child or Committed in Presence of Child.

Allocation of Cases - Clark County Courts

Except for Possession/Dealing Marijuana, almost all crimes relating to controlled substances under the Indiana Code are classified as felony offenses. By Local Court Rules, all prosecutions of felony drug offenses in Clark County must generally be filed by the Prosecuting Attorney in the Clark Circuit Court #2, Judge Brad Jacobs presiding. However, drug cases which include traffic/driving offenses shall be assigned to the Judge of Clark Circuit Court #3. Also, drug cases which include Murder or a Level 1-5 Felony offense shall be assigned to the Judge of Clark Circuit Court #1 (If committed during even numbered months) or Clark Circuit Court #4 (If committed during odd numbered months.

Misdemeanor drug related offenses may be filed in the Clark Superior Court #3 or in the Clarksville Town Court. Drug related offenses committed by offenders under 18 years of age must be filed in the Juvenile Court, Clark Circuit Court #1 Judge Vicki Carmichael presiding.

See Local Rules of Practice for the Courts of the 4th Judicial Circuit -
Local Rule 5 - Allocation of Cases.