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ARTICLE 48. CONTROLLED SUBSTANCES
IC 35-48-1
Chapter 1. Definitions
IC 35-48-1-0.1
Application of certain amendments to chapter
Sec. 0.1. The addition of section 9.3 of this chapter by P.L.225-2003 applies only to a controlled substance offense underIC 35-48-4 that occurs after June 30, 2003.
As added by P.L.220-2011, SEC.627. Amended by P.L.63-2012,SEC.81. (Repealed by P.L.5-1988, SEC.208.) Sec. 2. The definitions in this chapter apply throughout this article.
As added by P.L.5-1988, SEC.182. Sec. 3. "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any othermeans, to the body of a patient or research subject by: (1) a practitioner or by his authorized agent; or(2) the patient or research subject at the direction and in thepresence of the practitioner.
As added by P.L.5-1988, SEC.183. (Repealed by P.L.84-2010, SEC.102.) Sec. 5. "Agent" means an authorized person who acts on behalf of, or at the direction of, a manufacturer, distributor, or dispenser,but it does not include a common or contract carrier, publicwarehouseman, or employee of the carrier or warehouseman.
As added by P.L.5-1988, SEC.185. Sec. 6. "Board" refers to the Indiana state board of pharmacy.
As added by P.L.5-1988, SEC.186. Sec. 7. "Cocaine" includes coca leaves and any salt, compound, or derivative of coca leaves, and any salt, compound, isomer,derivative, or preparation which is chemically equivalent or identicalto any of these substances. However, decocainized coca leaves orextraction of coca leaves that do not contain cocaine or ecgonine arenot included.
As added by P.L.5-1988, SEC.187. (Repealed by P.L.3-1989, SEC.224.) IC 35-48-1-9
"Controlled substance" defined
Sec. 9. "Controlled substance" means a drug, substance, or immediate precursor in schedule I, II, III, IV, or V under: (1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, orIC 35-48-2-12, if IC 35-48-2-14 does not apply; or(2) a rule adopted by the board, if IC 35-48-2-14 applies.
As added by P.L.5-1988, SEC.189. IC 35-48-1-9.3
"Controlled substance analog" defined
Sec. 9.3. (a) "Controlled substance analog" means a substance: (1) the chemical structure of which is substantially similar tothat of a controlled substance included in schedule I or II andthat has; or(2) that a person represents or intends to have; a narcotic, stimulant, depressant, or hallucinogenic effect on thecentral nervous system substantially similar to or greater than thenarcotic, stimulant, depressant, or hallucinogenic effect on thecentral nervous system of a controlled substance included inschedule I or II.
(b) The definition set forth in subsection (a) does not include: (1) a controlled substance;(2) a substance for which there is an approved new drugapplication;(3) a substance for which an exemption is in effect forinvestigational use by a person under Section 505 of the federalFood, Drug and Cosmetic Act (chapter 675, 52 Stat. 1052 (21U.S.C. 355)), to the extent that conduct with respect to thesubstance is permitted under the exemption; or(4) a substance to the extent not intended for humanconsumption before an exemption takes effect regarding thesubstance.
As added by P.L.225-2003, SEC.1. Sec. 10. "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization,bears the trademark, trade name, or other identifying mark, imprint,number, or device, or any likeness thereof, of a manufacturer,distributor, or dispenser other than the person who in factmanufactured, distributed, or dispensed the substance.
As added by P.L.5-1988, SEC.190. Sec. 11. "Delivery" means: (1) an actual or constructive transfer from one (1) person toanother of a controlled substance, whether or not there is anagency relationship; or(2) the organizing or supervising of an activity described insubdivision (1).
As added by P.L.5-1988, SEC.191. Amended by P.L.165-1990,SEC.1. Sec. 12. "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful orderof a practitioner and includes the prescribing, administering,packaging, labeling, or compounding necessary to prepare thesubstance for that delivery.
As added by P.L.5-1988, SEC.192. Sec. 13. "Dispenser" means a practitioner who dispenses.
As added by P.L.5-1988, SEC.193. Sec. 14. "Distribute" means to deliver other than by administering or dispensing a controlled substance.
As added by P.L.5-1988, SEC.194. Sec. 15. "Distributor" means a person who distributes.
As added by P.L.5-1988, SEC.195. Sec. 16. "Drug" has the meaning set forth in IC 16-42-19-2. It does not include devices or their components, parts, or accessories,nor does it include food.
As added by P.L.5-1988, SEC.196. Amended by P.L.2-1993,SEC.190. IC 35-48-1-17
"Immediate precursor" defined
Sec. 17. "Immediate precursor" means a substance which the board has found to be and by rule designates as being the principalcompound commonly used or produced primarily for use, and whichis an immediate chemical intermediate used or likely to be used inthe manufacture of a controlled substance, the control of which isnecessary to prevent, curtail, or limit manufacture.
As added by P.L.5-1988, SEC.197. Sec. 18. "Manufacture" means: (1) the production, preparation, propagation, compounding,conversion, or processing of a controlled substance, eitherdirectly or indirectly by extraction from substances of naturalorigin, independently by means of chemical synthesis, or by acombination of extraction and chemical synthesis, and includesany packaging or repackaging of the substance or labeling orrelabeling of its container. It does not include the preparation,compounding, packaging, or labeling of a controlled substance: (A) by a practitioner as an incident to his administering ordispensing of a controlled substance in the course of hisprofessional practice; or(B) by a practitioner, or by his authorized agent under hissupervision, for the purpose of, or as an incident to, research,teaching, or chemical analysis and not for sale; or (2) the organizing or supervising of an activity described insubdivision (1).
As added by P.L.5-1988, SEC.198. Amended by P.L.165-1990,SEC.2; P.L.17-2001, SEC.18. Sec. 19. "Marijuana" means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted fromany part of the plant, including hashish and hash oil; any compound,manufacture, salt, derivative, mixture, or preparation of the plant, itsseeds or resin. It does not include the mature stalks of the plant; fiberproduced from the stalks; oil or cake made from the seeds of theplant; any other compound, manufacture, salt, derivative, mixture, orpreparation of the mature stalks (except the resin extractedtherefrom); or the sterilized seed of the plant which is incapable ofgermination.
As added by P.L.5-1988, SEC.199. "Narcotic drug" defined
Sec. 20. "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances ofvegetable origin, independently by means of chemical synthesis, orby a combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, orpreparation of opium or opiate.
(2) Any salt, compound, isomer, derivative, or preparationthereof which is chemically equivalent or identical to any of thesubstances referred to in subdivision (1) of this definition, butnot including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
As added by P.L.5-1988, SEC.200. Sec. 21. "Opiate" means a substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capableof conversion into a drug having addiction-forming oraddiction-sustaining liability. It does not include, unless specificallydesignated as controlled under IC 35-48-2, the dextrorotatory isomerof 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
It does include its racemic and levorotatory forms.
As added by P.L.5-1988, SEC.201. IC 35-48-1-22
"Opium poppy" defined
Sec. 22. "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
As added by P.L.5-1988, SEC.202. IC 35-48-1-23
"Poppy straw" defined
Sec. 23. "Poppy straw" means any part, except the seeds, of the opium poppy, after mowing.
As added by P.L.5-1988, SEC.203. Sec. 24. "Practitioner" means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other institution orindividual licensed, registered, or otherwise permitted to distribute,dispense, conduct research with respect to, or administer a controlledsubstance in the course of professional practice or research inIndiana.
As added by P.L.5-1988, SEC.204. IC 35-48-1-25
"Prescription drug" defined
Sec. 25. "Prescription drug" means a controlled substance or a legend drug (as defined in IC 16-18-2-199).
As added by P.L.5-1988, SEC.205. Amended by P.L.2-1993,SEC.191. Sec. 26. "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
As added by P.L.5-1988, SEC.206. IC 35-48-1-27
"Ultimate user" defined
Sec. 27. "Ultimate user" means a person who lawfully possesses a controlled substance for the person's own use, for the use of amember of the person's household, or for administering to an animalowned by the person or by a member of the person's household.
As added by P.L.5-1988, SEC.207. IC 35-48-2
Chapter 2. Classification of Drugs
(Repealed by P.L.63-2012, SEC.82.) IC 35-48-2-1
Considerations of board determinations on substances; exclusion
of a narcotic substance from schedule
Sec. 1. (a) The board shall administer this article and may recommend to the general assembly the addition, deletion, orrescheduling of all substances listed in the schedules in sections 4,6, 8, 10, and 12 of this chapter by submitting in an electronic formatunder IC 5-14-6 a report of such recommendations to the legislativecouncil. In making a determination regarding a substance, the boardshall consider the following: (1) The actual or relative potential for abuse.
(2) The scientific evidence of its pharmacological effect, ifknown.
(3) The state of current scientific knowledge regarding thesubstance.
(4) The history and current pattern of abuse.
(5) The scope, duration, and significance of abuse.
(6) The risk to public health.
(7) The potential of the substance to produce psychic orphysiological dependence liability.
(8) Whether the substance is an immediate precursor of asubstance already controlled under this article.
(b) After considering the factors enumerated in subsection (a), the board shall make findings and recommendations concerning thecontrol of the substance if it finds the substance has a potential forabuse.
(c) If the board finds that a substance is an immediate precursor, substances which are precursors of the controlled precursor shall notbe subject to control solely because they are precursors of thecontrolled precursor.
(d) If any substance is designated or rescheduled to a more restrictive schedule as a controlled substance under federal law andnotice is given to the board, the board shall recommend similarcontrol of the substance under this article in the board's report to thegeneral assembly, unless the board objects to inclusion orrescheduling. In that case, the board shall publish the reasons forobjection and afford all interested parties an opportunity to be heard.
At the conclusion of the hearing, the board shall publish its findings.
(e) If a substance is rescheduled to a less restrictive schedule or deleted as a controlled substance under federal law, the substance isrescheduled or deleted under this article. If the board objects toinclusion, rescheduling, or deletion of the substance, the board shallnotify the chairman of the legislative council not more than thirty (30) days after the federal law is changed and the substance may notbe rescheduled or deleted until the conclusion of the next completesession of the general assembly. The notice from the board to thechairman of the legislative council must be published.
(f) The board shall conduct hearings regarding revocations, suspensions, and restrictions of registrations as provided inIC 35-48-3-4. All hearings shall be conducted in accordance withIC 4-21.5-3.
(g) Authority to control under this section does not extend to distilled spirits, wine, or malt beverages, as those terms are definedor used in IC 7.1, or to tobacco.
(h) The board shall exclude any nonnarcotic substance from a schedule if that substance may, under the Federal Food, Drug, andCosmetic Act or state law, be sold over the counter without aprescription.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.344, SEC.1; P.L.137-1985, SEC.17; P.L.200-1987, SEC.4;P.L.188-1989, SEC.4; P.L.33-1993, SEC.73; P.L.163-1994, SEC.2;P.L.177-1997, SEC.8; P.L.14-2000, SEC.77; P.L.107-2002, SEC.31;P.L.28-2004, SEC.178; P.L.84-2010, SEC.92. (Repealed by P.L.2-1995, SEC.140.) (Repealed by P.L.84-2010, SEC.102.) Sec. 2. Nomenclature. The controlled substances listed in the schedules in sections 4, 6, 8, 10 and 12 of this chapter are includedby whatever official, common, usual, chemical, or trade namedesignated. The number placed in brackets after each substance is itsfederal Drug Enforcement Administration Controlled SubstancesCode Number which is to be used for identification purposes oncertain certificates of registration.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979,P.L.303, SEC.2. IC 35-48-2-3
Schedule I tests
Sec. 3. (a) The board shall recommend placement of a substance in schedule I under this chapter if it finds that the substance: (1) has high potential for abuse; and(2) has no accepted medical use in treatment in the UnitedStates or lacks accepted safety for use in treatment undermedical supervision.
(b) The board may recommend placement of a substance in schedule I under this chapter if it finds that the substance is classifiedas a controlled substance in schedule I under federal law.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987,SEC.6. IC 35-48-2-4 Version a
Schedule I
Note: This version of section effective until 3-15-2012. See also following version of this section, effective 3-15-2012 until 7-1-2012,and following version of this section, effective 7-1-2012. Sec. 4. (a) The controlled substances listed in this section are included in schedule I.
(b) Opiates. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unlessspecifically excepted by rule of the board or unless listed in anotherschedule, whenever the existence of these isomers, esters, ethers, andsalts is possible within the specific chemical designation: Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide) (9815)Acetylmethadol (9601)Allylprodine (9602)A l p h a - m e t h y l t h i o f e n t a n y l N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamideB e t a - h y d r o x y f e n t a n y l phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)Betacetylmethadol (9607)Betameprodine (9608)Betamethadol (9609)Betaprodine (9611)Clonitazene (9612)Dextromoramide (9613)Diampromide (9615)Diethylthiambutene (9616)Difenoxin (9168)Dimenoxadol (9617)Dimepheptanol (9618)Dimethylthiambutene (9619)Dioxaphetyl butyrate (9621)Dipipanone (9622)Ethylmethylthiambutene (9623)Etonitazene (9624)Etoxeridine (9625) piperidinyl]-N-phenylpropanamide) (9833)MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)Morpheridine (9632)N - [ 1 - b e n z y l - 4 - p i p e r i d y l ] - N - p h e n y l p r o p a n a m i d e(benzylfentanyl), including any isomers, salts, or salts ofisomers (9818)N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide(thenylfentanyl), including any isomers, salts, or salts ofisomers (9834)Noracymethadol (9633)Norlevorphanol (9634)Normethadone (9635)Norpipanone (9636)P a r a - f l u o r o f e n t a n y l [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)Phenadoxone (9637)Phenampromide (9638)Phenomorphan (9647)Phenoperidine (9641)PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)Piritramide (9642)Proheptazine (9643)Properidine (9644)Propiram (9649)Racemoramide (9645)Thiofentanyl piperidinyl]-propanamide) (9835)Tilidine (9750)Trimeperidine (9646) (c) Opium derivatives. Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically exceptedby rule of the board or unless listed in another schedule, wheneverthe existence of these salts, isomers, and salts of isomers is possiblewithin the specific chemical designation: Acetorphine (9319)Acetyldihydrocodeine (9051)Benzylmorphine (9052)Codeine methylbromide (9070)Codeine-N-Oxide (9053)Cyprenorphine (9054)Desomorphine (9055)Dihydromorphine (9145) Drotebanol (9335)Etorphine (except hydrochloride salt) (9056)Heroin (9200)Hydromorphinol (9301)Methyldesorphine (9302)Methyldihydromorphine (9304)Morphine methylbromide (9305)Morphine methylsulfonate (9306)Morphine-N-Oxide (9307)Myrophine (9308)Nicocodeine (9309)Nicomorphine (9312)Normorphine (9313)Pholcodine (9314)Thebacon (9315) (d) Hallucinogenic substances. Any material, compound, mixture or preparation which contains any quantity of the followinghallucinogenic, psychedelic, or psychogenic substances, their salts,isomers, and salts of isomers, unless specifically excepted by rule ofthe board or unless listed in another schedule, whenever theexistence of these salts, isomers, and salts of isomers is possiblewithin the specific chemical designation: (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:TCPy.
(2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some tradeo r 5-Dimethoxy-a-methylphenethylamine; 4-Bromo-2, 5-DMA.
(3) 4-Bromo-2, 5-dimethoxphenethylamine (7392). Some tradeor other names:2 -[ 4 -b r o mo -2 , 5 -d i me t h o x yp h e n y l ] - 1 - a m i n o e t h a n e ;alpha-desmethyl DOB; 2C-B, Nexus.
(4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:DOET.
(5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
Other name: 2C-T-7.
(6) 2, 5-Dimethoxyamphetamine (7396). Some trade or othernames: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
(7) 4-Methoxyamphetamine (7411). Some trade or other names:4 - M e t h o x y - a - m e t h y l p h e n e t h y l a m i n e ;Paramethoxyamphetamine; PMA.
(8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). OtherName: MMDA.
(9) 5-Methoxy-N, N-diisopropyltryptamine, including anyisomers, salts, or salts of isomers (7439). Other name:5-MeO-DIPT.
(10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some tradea n d 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
(11) 3, 4-methylenedioxy amphetamine (7400). Other name:MDA.
(12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Otherna me s : N-et hyl -a lpha-methyl-3,4(methyle ne di oxy)phenethylamine; N-ethyl MDA; MDE; and MDEA.
(13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
(14) 3, 4, 5-trimethoxy amphetamine (7390). Other name:TMA.
(15) Alpha-ethyltryptamine (7249). Some trade and othern a m e s : [alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole;[alpha]-ET; and AET.
(16) Alpha-methyltryptamine (7432). Other name: AMT.
(17) Bufotenine (7433). Some trade and other names:3 - ( B - D i m e t h y l a m i n o e t h y l ) - 5 - h y d r o x y i n d o l e ;3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;5-hydroxy-N, N-dimethyltryptamine; mappine.
(18) Diethyltryptamine (7434). Some trade or other names: N,N-Diethyltryptamine; DET.
(19) Dimethyltrytamine (7435). Some trade or other names:DMT.
(20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6,6b, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,9-methano-5H-pyrido (1', 2': 1, 2, azepino 4, 5-b) indole;tabernanthe iboga.
(21) Lysergic acid diethylamide (7315). Other name: LSD.
(22) Marijuana (7360).
(23) Mescaline (7381).
(24) Parahexyl (7374). Some trade or other names:3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
(25) Peyote (7415), including: (A) all parts of the plant that are classified botanically aslophophora williamsii lemaire, whether growing or not;(B) the seeds thereof;(C) any extract from any part of the plant; and(D) every compound, manufacture, salt, derivative, mixture,or preparation of the plant, its seeds, or extracts.
(26) N-ethyl-3-piperidyl benzilate (7482). Other name: DMZ.
(27) N-hydroxy-3,4-methylenedioxyamphetamine (7402). Othern a m e s : (methylenedioxy)phenethylamine; and N-hydroxy MDA.
(28) N-methyl-3-piperidyl benzilate (7484). Other name: LBJ.
(29) Psilocybin (7437).
(30) Psilocyn (7438).
(31) Tetrahydrocannabinols (7370), including syntheticequivalents of the substances contained in the plant, or in theresinous extractives of Cannabis, sp. and synthetic substances,derivatives, and their isomers with similar chemical structureand pharmacological activity such as: 1 cis or trans tetrahydrocannabinol, and their optical (B) ð6 cis or trans tetrahydrocannabinol, and their opticalisomers; and(C) ð3, cis or trans tetrahydrocannabinol, and their optical Since nomenclature of these substances is not internationallystandardized, compounds of these structures, regardless ofnumerical designation of atomic positions are covered. Othername: THC.
(32) Ethylamine analog of phencyclidine (7455). Some trade orot he r name s : N-Et hyl -1-phe nyl c yc l ohexyl a mi ne ;(1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE.
(33) Pyrrolidine analog of phencyclidine (7458). Some trade orother names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP ; PHP.
(34) Thiophene analog of phencyclidine (7470). Some trade orother names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-ThienylAnalog of Phencyclidine; TPCP.
(35) Synthetic cannabinoids, including a substance containingone (1) or more of the following chemical compounds: indol-3-yl)-1-naphthalenylmethanone).
(B) JWH-018 (1-pentyl-3-(1-naphthoyl)indole).
(C) JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole).
( D ) (1-butylindol-3-yl)methanone).
(E) JWH-081 (4-methoxynaphthalen- 1-yl- (1-pentylindol-3-yl)methanone).
(F) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
(G) -pentyl-2,5-cyclohexadiene-1,4-dione).
( O ) (2-methyloctan-2-yl)phenol).
(P) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol) and its homologues.
(Q) WIN 55212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo [1,2,3-de)- 1,4- benzoxazin-6-yl]-1-napthalenylmethanone).
( R ) (1-pentyl-1H-indol-3-yl)methanone).
( S ) 1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone).
(T) 4-Methylmethcathinone. Other name: mephedrone.
(U) 3,4-Methylenedioxymethcathinone. Other name:methylone.
(V) Fluoromethcathinone.
(W) 4-Methoxymethcathinone. Other name: methedrone.
(X) 4-Ethylmethcathinone. Other name: 4-EMC.
(Y) Methylenedioxypyrovalerone. Other name: MDPV.
(36) Salvia divinorum or salvinorin A, including: (A) all parts of the plant that are classified botanically assalvia divinorum, whether growing or not;(B) the seeds of the plant;(C) any extract from any part of the plant; and(D) every compound, manufacture, salt, derivative, mixture,or preparation of the plant, its seeds, or extracts.
(e) Depressants. Unless specifically excepted in a rule adopted by the board or unless listed in another schedule, any material,compound, mixture, or preparation which contains any quantity ofthe following substances having a depressant effect on the centralnervous system, including its salts, isomers, and salts of isomerswhenever the existence of such salts, isomers, and salts of isomers ispossible within the specific chemical designation: Gamma-hydroxybutyric acid (other names include GHB;gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodiumoxybate; sodium oxybutyrate) (2010)Mecloqualone (2572)Methaqualone (2565) (f) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparationthat contains any quantity of the following substances having astimulant effect on the central nervous system, including its salts,isomers, and salts of isomers: 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;2-aminopropiophenone; and norephedrone.
Fenethylline (1503).
N-Benzylpiperazine (7493). Other names: BZP; and1-benzylpiperazine.
N-ethylamphetamine (1475) 2-M e t hyla mi no-1-Phenylpropan-I-one; Ephedrone ;Monomethylpropion; UR 1431.
N, N-dimethylamphetamine (1480). Other names: N,N - a l p h a - t r i m e t h y l - b e n z e n e e t h a n a m i n e ; a n d N ,N-alpha-trimethylphenethylamine.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979,P.L.303, SEC.3; Acts 1981, P.L.170, SEC.2; P.L.333-1983, SEC.1;P.L.327-1985, SEC.1; P.L.156-1986, SEC.4; P.L.200-1987, SEC.7;P.L.163-1994, SEC.3; P.L.2-1996, SEC.286; P.L.288-2001, SEC.15;P.L.22-2008, SEC.1; P.L.138-2011, SEC.12; P.L.182-2011, SEC.12;P.L.6-2012, SEC.233. IC 35-48-2-4 Version b
Schedule I
Note: This version of section effective 3-15-2012 until 7-1-2012. See also preceding version of this section, effective until 3-15-2012,and following version of this section, effective 7-1-2012. Sec. 4. (a) The controlled substances listed in this section are included in schedule I.
(b) Opiates. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unlessspecifically excepted by rule of the board or unless listed in anotherschedule, whenever the existence of these isomers, esters, ethers, andsalts is possible within the specific chemical designation: Dimenoxadol (9617)Dimepheptanol (9618)Dimethylthiambutene (9619)Dioxaphetyl butyrate (9621)Dipipanone (9622)Ethylmethylthiambutene (9623)Etonitazene (9624)Etoxeridine (9625)Furethidine (9626)Hydroxypethidine (9627)Ketobemidone (9628)Levomoramide (9629)Levophenacylmorphan (9631)3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenyl-propanimide](9813)3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9833)MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)Morpheridine (9632)N-[1-benzyl-4-piperidyl]-N-phenylpropanamide(benzylfentanyl), including any isomers, salts, or salts ofisomers (9818)N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide(thenylfentanyl), including any isomers, salts, or salts ofisomers (9834)Noracymethadol (9633)Norlevorphanol (9634)Normethadone (9635)Norpipanone (9636)Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide (9812)Phenadoxone (9637)Phenampromide (9638)Phenomorphan (9647)Phenoperidine (9641)PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine](9663)Piritramide (9642)Proheptazine (9643)Properidine (9644)Propiram (9649)Racemoramide (9645)Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-piperidinyl]-propanamide) (9835)Tilidine (9750)Trimeperidine (9646) (c) Opium derivatives. Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically exceptedby rule of the board or unless listed in another schedule, wheneverthe existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: Acetorphine (9319)Acetyldihydrocodeine (9051)Benzylmorphine (9052)Codeine methylbromide (9070)Codeine-N-Oxide (9053)Cyprenorphine (9054)Desomorphine (9055)Dihydromorphine (9145)Drotebanol (9335)Etorphine (except hydrochloride salt) (9056)Heroin (9200)Hydromorphinol (9301)Methyldesorphine (9302)Methyldihydromorphine (9304)Morphine methylbromide (9305)Morphine methylsulfonate (9306)Morphine-N-Oxide (9307)Myrophine (9308)Nicocodeine (9309)Nicomorphine (9312)Normorphine (9313)Pholcodine (9314)Thebacon (9315) (d) Hallucinogenic substances. Any material, compound, mixture, or preparation which contains any quantity of the followinghallucinogenic, psychedelic, or psychogenic substances, their salts,isomers, and salts of isomers, unless specifically excepted by rule ofthe board or unless listed in another schedule, whenever theexistence of these salts, isomers, and salts of isomers is possiblewithin the specific chemical designation: (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Othername: TCPy.
(2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Sometrade or other names: 4-Bromo-2,5-Dimethoxy-a-methylphenethylamine; 4-Bromo-2, 5-DMA.
(3) 4-Bromo-2, 5-dimethoxphenethylamine (7392). Sometrade or other names:2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;alpha-desmethyl DOB; 2C-B, Nexus.
(4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Othername: DOET.
(5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
Other name: 2C-T-7.
(6) 2, 5-Dimethoxyamphetamine (7396). Some trade or othernames: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
(7) 4-Methoxyamphetamine (7411). Some trade or othernames: 4-Methoxy-a-methylphenethylamine;Paramethoxyamphetamine; PMA.
(8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401).
Other Name: MMDA.
(9) 5-Methoxy-N, N-diisopropyltryptamine, including anyisomers, salts, or salts of isomers (7439). Other name:5-MeO-DIPT.
(10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Sometrade and other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; DOM; and STP.
(11) 3, 4-methylenedioxy amphetamine (7400). Other name:MDA.
(12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Othernames: N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; and MDEA.
(13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
(14) 3, 4, 5-trimethoxy amphetamine (7390). Other name:TMA.
(15) Alpha-ethyltryptamine (7249). Some trade and othernames: Etryptamine; Monase;[alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl)indole; [alpha]-ET; and AET.
(16) Alpha-methyltryptamine (7432). Other name: AMT.
(17) Bufotenine (7433). Some trade and other names:3-(B-Dimethylaminoethyl)-5-hydroxyindole;3-(2-dimethylaminonethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N, N-dimethyltryptamine;mappine.
(18) Diethyltryptamine (7434). Some trade or other names:N, N-Diethyltryptamine; DET.
(19) Dimethyltrytamine (7435). Some trade or other names:DMT.
(20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6,6b, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,9-methano-5H-pyrido (1', 2': 1, 2, azepino 4, 5-b) indole;tabernanthe iboga.
(21) Lysergic acid diethylamide (7315). Other name: LSD.
(22) Marijuana (7360).
(23) Mescaline (7381).
(24) Parahexyl (7374). Some trade or other names:3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
(25) Peyote (7415), including: (A) all parts of the plant that are classified botanically aslophophora williamsii lemaire, whether growing or not;(B) the seeds thereof;(C) any extract from any part of the plant; and(D) every compound, manufacture, salt, derivative,mixture, or preparation of the plant, its seeds, or extracts.
(26) N-ethyl-3-piperidyl benzilate (7482). Other name: DMZ.
(27) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
Other names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine; and N-hydroxy MDA.
(28) N-methyl-3-piperidyl benzilate (7484). Other name:LBJ.
(29) Psilocybin (7437).
(30) Psilocyn (7438).
(31) Tetrahydrocannabinols (7370), including syntheticequivalents of the substances contained in the plant, or in theresinous extractives of Cannabis, sp. and syntheticsubstances, derivatives, and their isomers with similarchemical structure and pharmacological activity such as: (A) ð1 cis or trans tetrahydrocannabinol, and their opticalisomers;(B) ð ci s or trans tetrahydrocannabinol, and their optical isomers; and(C) ð3, cis or trans tetrahydrocannabinol, and their optical Since nomenclature of these substances is not internationallystandardized, compounds of these structures, regardless ofnumerical designation of atomic positions are covered. Othername: THC.
(32) Ethylamine analog of phencyclidine (7455). Some tradeor other names: N-Ethyl-1-phenylcyclohexylamine;(1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE.
(33) Pyrrolidine analog of phencyclidine (7458). Some tradeor other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP ; PHP.
(34) Thiophene analog of phencyclidine (7470). Some tradeor other names: 1-(1-(2-thienyl) cyclohexyl) piperidine;2-Thienyl Analog of Phencyclidine; TPCP.
(35) Synthetic drugs (as defined in IC 35-41-1-26.3).
(36) Salvia divinorum or salvinorin A, including: (A) all parts of the plant that are classified botanically assalvia divinorum, whether growing or not;(B) the seeds of the plant;(C) any extract from any part of the plant; and(D) every compound, manufacture, salt, derivative, mixture,or preparation of the plant, its seeds, or extracts.
(e) Depressants. Unless specifically excepted in a rule adopted by the board or unless listed in another schedule, any material,compound, mixture, or preparation which contains any quantity ofthe following substances having a depressant effect on the centralnervous system, including its salts, isomers, and salts of isomerswhenever the existence of such salts, isomers, and salts of isomers ispossible within the specific chemical designation: Gamma-hydroxybutyric acid (other names include GHB;gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodiumoxybate; sodium oxybutyrate) (2010)Mecloqualone (2572)Methaqualone (2565) (f) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparationthat contains any quantity of the following substances having astimulant effect on the central nervous system, including its salts,isomers, and salts of isomers: ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)Aminorex (1585). Other names: aminoxaphen;2-amino-5-phenyl-2-oxazoline; or4,5-dihydro-5-phenyl-2-oxazolamine.
Cathinone (1235). Some trade or other names:2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;2-aminopropiophenone; and norephedrone.
Fenethylline (1503).
N-Benzylpiperazine (7493). Other names: BZP; and1-benzylpiperazine.
N-ethylamphetamine (1475)Methcathinone (1237) Some other trade names:2-Methylamino-1-Phenylpropan-I-one; Ephedrone;Monomethylpropion; UR 1431.
N, N-dimethylamphetamine (1480). Other names: N,N-alpha-trimethyl-benzeneethanamine; and N,N-alpha-trimethylphenethylamine.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979,P.L.303, SEC.3; Acts 1981, P.L.170, SEC.2; P.L.333-1983,SEC.1; P.L.327-1985, SEC.1; P.L.156-1986, SEC.4;P.L.200-1987, SEC.7; P.L.163-1994, SEC.3; P.L.2-1996,SEC.286; P.L.288-2001, SEC.15; P.L.22-2008, SEC.1;P.L.138-2011, SEC.12; P.L.182-2011, SEC.12; P.L.6-2012,SEC.233; P.L.78-2012, SEC.12. IC 35-48-2-4 Version c
Schedule I
Note: This version of section effective 7-1-2012. See also preceding version of this section, effective until 3-15-2012, andpreceding version of this section, effective 3-15-2012 until 7-1-2012. Sec. 4. (a) The controlled substances listed in this section are included in schedule I.
(b) Opiates. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unlessspecifically excepted by rule of the board or unless listed in anotherschedule, whenever the existence of these isomers, esters, ethers, andsalts is possible within the specific chemical designation: Alphamethadol (9605)Alphamethylfentanyl (9814)Benzethidine (9606)Beta-hydroxy-3-methylfentanyl piperidinyl]-N-phenylpropanamide) (9833)MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)Morpheridine (9632)N - [ 1 - b e n z y l - 4 - p i p e r i d y l ] - N - p h e n y l p r o p a n a m i d e(benzylfentanyl), including any isomers, salts, or salts ofisomers (9818)N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide(thenylfentanyl), including any isomers, salts, or salts ofisomers (9834)Noracymethadol (9633)Norlevorphanol (9634)Normethadone (9635)Norpipanone (9636)Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide (9812)Phenadoxone (9637)Phenampromide (9638) Phenomorphan (9647)Phenoperidine (9641)PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)Piritramide (9642)Proheptazine (9643)Properidine (9644)Propiram (9649)Racemoramide (9645)Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-piperidinyl]-propanamide) (9835)Tilidine (9750)Trimeperidine (9646) (c) Opium derivatives. Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically exceptedby rule of the board or unless listed in another schedule, wheneverthe existence of these salts, isomers, and salts of isomers is possiblewithin the specific chemical designation: Acetorphine (9319)Acetyldihydrocodeine (9051)Benzylmorphine (9052)Codeine methylbromide (9070)Codeine-N-Oxide (9053)Cyprenorphine (9054)Desomorphine (9055)Dihydromorphine (9145)Drotebanol (9335)Etorphine (except hydrochloride salt) (9056)Heroin (9200)Hydromorphinol (9301)Methyldesorphine (9302)Methyldihydromorphine (9304)Morphine methylbromide (9305)Morphine methylsulfonate (9306)Morphine-N-Oxide (9307)Myrophine (9308)Nicocodeine (9309)Nicomorphine (9312)Normorphine (9313)Pholcodine (9314)Thebacon (9315) (d) Hallucinogenic substances. Any material, compound, mixture, or preparation which contains any quantity of the followinghallucinogenic, psychedelic, or psychogenic substances, their salts,isomers, and salts of isomers, unless specifically excepted by rule ofthe board or unless listed in another schedule, whenever theexistence of these salts, isomers, and salts of isomers is possiblewithin the specific chemical designation: (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:TCPy.
(2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade 5-Dimethoxy-a-methylphenethylamine; 4-Bromo-2, 5-DMA.
(3) 4-Bromo-2, 5-dimethoxphenethylamine (7392). Some tradeor other names:2 - [ 4 - b r o m o -2 , 5 -d i me t h o x yp h e n yl ] -1 -a mi n o e t h a n e ;alpha-desmethyl DOB; 2C-B, Nexus.
(4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:DOET.
(5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
Other name: 2C-T-7.
(6) 2, 5-Dimethoxyamphetamine (7396). Some trade or othernames: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
(7) 4-Methoxyamphetamine (7411). Some trade or other names:4 - M e t h o x y - a - m e t h y l p h e n e t h y l a m i n e ;Paramethoxyamphetamine; PMA.
(8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). OtherName: MMDA.
(9) 5-Methoxy-N, N-diisopropyltryptamine, including anyisomers, salts, or salts of isomers (7439). Other name:5-MeO-DIPT.
(10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some tradeand other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; DOM; and STP.
(11) 3, 4-methylenedioxy amphetamine (7400). Other name:MDA.
(12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Othernames: N-ethyl -a l pha -me t hyl -3,4( me thylenedioxy)phenethylamine; N-ethyl MDA; MDE; and MDEA.
(13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
(14) 3, 4, 5-trimethoxy amphetamine (7390). Other name:TMA.
(15) Alpha-ethyltryptamine (7249). Some trade and othern a m e s : [alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole;[alpha]-ET; and AET.
(16) Alpha-methyltryptamine (7432). Other name: AMT.
(17) Bufotenine (7433). Some trade and other names:3-(B-Dimethylaminoethyl)-5-hydroxyindole;3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;5-hydroxy-N, N-dimethyltryptamine; mappine.
(18) Diethyltryptamine (7434). Some trade or other names: N,N-Diethyltryptamine; DET.
(19) Dimethyltrytamine (7435). Some trade or other names:DMT.
(20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6,6b, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,9-methano-5H-pyrido (1', 2': 1, 2, azepino 4, 5-b) indole;tabernanthe iboga.
(21) Lysergic acid diethylamide (7315). Other name: LSD.
(22) Marijuana (7360).
(23) Mescaline (7381).
(24) Parahexyl (7374). Some trade or other names:3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
(25) Peyote (7415), including: (A) all parts of the plant that are classified botanically aslophophora williamsii lemaire, whether growing or not;(B) the seeds thereof;(C) any extract from any part of the plant; and(D) every compound, manufacture, salt, derivative, mixture,or preparation of the plant, its seeds, or extracts.
(26) N-ethyl-3-piperidyl benzilate (7482). Other name: DMZ.
(27) N-hydroxy-3,4-methylenedioxyamphetamine (7402). Othernames: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine; and N-hydroxy MDA.
(28) N-methyl-3-piperidyl benzilate (7484). Other name: LBJ.
(29) Psilocybin (7437).
(30) Psilocyn (7438).
(31) Tetrahydrocannabinols (7370), including syntheticequivalents of the substances contained in the plant, or in theresinous extractives of Cannabis, sp. and synthetic substances,derivatives, and their isomers with similar chemical structureand pharmacological activity such as: (A) ð1 cis or trans tetrahydrocannabinol, and their opticalisomers;(B) ð6 cis or trans tetrahydrocannabinol, and their opticalisomers; and(C) ð3, cis or trans tetrahydrocannabinol, and their optical Since nomenclature of these substances is not internationallystandardized, compounds of these structures, regardless ofnumerical designation of atomic positions are covered. Othername: THC.
(32) Ethylamine analog of phencyclidine (7455). Some trade orot he r name s : N-Et hyl -1-phe nyl c yc l ohexyl a mi ne ;(1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE.
(33) Pyrrolidine analog of phencyclidine (7458). Some trade orother names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP ; PHP.
(34) Thiophene analog of phencyclidine (7470). Some trade orother names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-ThienylAnalog of Phencyclidine; TPCP.
(35) Synthetic drugs (as defined in IC 35-31.5-2-321).
(36) Salvia divinorum or salvinorin A, including: (A) all parts of the plant that are classified botanically assalvia divinorum, whether growing or not;(B) the seeds of the plant;(C) any extract from any part of the plant; and(D) every compound, manufacture, salt, derivative, mixture,or preparation of the plant, its seeds, or extracts.
(e) Depressants. Unless specifically excepted in a rule adopted by the board or unless listed in another schedule, any material,compound, mixture, or preparation which contains any quantity ofthe following substances having a depressant effect on the centralnervous system, including its salts, isomers, and salts of isomerswhenever the existence of such salts, isomers, and salts of isomers ispossible within the specific chemical designation: Gamma-hydroxybutyric acid (other names include GHB;gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodiumoxybate; sodium oxybutyrate) (2010)Mecloqualone (2572)Methaqualone (2565) (f) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparationthat contains any quantity of the following substances having astimulant effect on the central nervous system, including its salts,isomers, and salts of isomers: 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;2-aminopropiophenone; and norephedrone.
Fenethylline (1503).
N-Benzylpiperazine (7493). Other names: BZP; and1-benzylpiperazine.
N-ethylamphetamine (1475)Methcathinone 2-M e t hyla mi no-1-Phe nyl propan-I-one; Ephedrone ;Monomethylpropion; UR 1431.
N, N-dimethylamphetamine (1480). Other names: N,N - a l p h a - t r i m e t h y l - b e n z e n e e t h a n a m i n e ; a n d N ,N-alpha-trimethylphenethylamine.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979,P.L.303, SEC.3; Acts 1981, P.L.170, SEC.2; P.L.333-1983, SEC.1;P.L.327-1985, SEC.1; P.L.156-1986, SEC.4; P.L.200-1987, SEC.7;P.L.163-1994, SEC.3; P.L.2-1996, SEC.286; P.L.288-2001, SEC.15;P.L.22-2008, SEC.1; P.L.138-2011, SEC.12; P.L.182-2011, SEC.12;P.L.6-2012, SEC.233; P.L.78-2012, SEC.12; P.L.114-2012,SEC.144. IC 35-48-2-5
Schedule II tests
Sec. 5. (a) The board shall recommend placement of a substance in schedule II under this chapter if it finds that: (1) the substance has high potential for abuse;(2) the substance has currently accepted medical use intreatment in the United States, or currently accepted medical use with severe restrictions; and(3) the abuse of the substance may lead to severe psychologicalor physical dependence.
(b) The board may recommend placement of a substance in schedule II under this chapter if it finds that the substance isclassified as a controlled substance in schedule II under federal law.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987,SEC.8. IC 35-48-2-6
Schedule II
Sec. 6. (a) The controlled substances listed in this section are included in schedule II.
(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly byextraction from substances of vegetable origin, or independently bymeans of chemical synthesis, or by combination of extraction andchemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, orpreparation of opium or opiate, excluding apomorphine,dextrorphan, nalbuphine, naloxone, naltrexone, and theirrespective salts but including: (A) raw opium (9600);(B) opium extracts (9610);(C) opium fluid extracts (9620);(D) powdered opium (9639);(E) granulated opium (9640);(F) tincture of opium (9630);(G) codeine (9050);(H) dihydroetorphine (9334);(I) ethylmorphine (9190);(J) etorphine hydrochloride (9059);(K) hydrocodone (9193);(L) hydromorphone (9150);(M) metopon (9260);(N) morphine (9300);(O) oxycodone (9143);(P) oxymorphone (9652); and(Q) thebaine (9333).
(2) Any salt, compound, isomer, derivative, or preparationthereof which is chemically equivalent or identical with any ofthe substances referred to in subdivision (b)(1) of this section,but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Cocaine (9041).
(5) Concentrate of poppy straw (the crude extract of poppystraw in either liquid, solid, or powder form which contains thephenanthrene alkaloids of the opium poppy) (9670).
(c) Opiates. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and salts is possiblewithin the specific chemical designation: Alfentanil (9737)Alphaprodine (9010)Anileridine (9020)Bezitramide (9800)Bulk dextropropoxyphene (nondosage forms) (9273)Carfentanil (9743)Dihydrocodeine (9120)Diphenoxylate (9170)Fentanyl (9801)Isomethadone (9226)Levo-alphacetylmethadol Levo-alpha-acetylmethadol; levomethadyl acetate; and LAAM.
Levomethorphan (9210)Levorphanol (9220)Metazocine (9240)Methadone (9250)Methadone-Intermediate, 4-diphenyl butane (9254)Moramide-Intermediate, 1-diphenylpropane- carboxylic acid (9802)Pethidine (Meperidine) (9230)Pethidine-Intermediate- A,4-cyano-1-methyl-4-phenylpiperidine (9232)Pethidine-Intermediate-B,ethyl-4-phenylpiperidine-4-carboxylate (9233)Pethidine-Intermediate-C,1-methyl-4-phenylpiperidine-4-carboxylic acid (9234)Phenazodine (9715)Piminodine (9730)Racemethorphan (9732)Racemorphan (9733)Remifentanil (9739)Sufentanil (9740) (d) Stimulants. Any material compound, mixture, or preparation which contains any quantity of the following substances having apotential for abuse associated with a stimulant effect on the centralnervous system: (1) Amphetamine, its salts, optical isomers, and salts of itsoptical isomers (1100).
(2) Methamphetamine, including its salts, isomers, and salts ofits isomers (1105).
(3) Phenmetrazine and its salts (1631).
(4) Methylphenidate (1724).
(e) Depressants. Unless specifically excepted by rule of the board or unless listed in another schedule, any material, compound,mixture, or preparation which contains any quantity of the followingsubstances having a depressant effect on the central nervous system,including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possiblewithin the specific chemical designation: Amobarbital (2125)Glutethimide (2550)Pentobarbital (2270)Phencyclidine (7471)Secobarbital (2315) (f) Immediate precursors. Unless specifically excepted by rule of the board or unless listed in another schedule, any material,compound, mixture, or preparation which contains any quantity ofthe following substances: methamphetamine: Phenylacetone (8501). Some trade or othernames: phenyl-2-propanone; P2P; benzyl methyl ketone; methylbenzyl ketone.
(2) Immediate precursors to phencyclidine (PCP): (A) 1-phenylcyclohexylamine (7460); or(B) 1-piperidinocyclohexanecarbonitrile (PCC) (8603).
(g) Hallucinogenic substances: (1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo [b,d] pyran-9-one.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979,P.L.303, SEC.4; Acts 1981, P.L.170, SEC.3; P.L.333-1983, SEC.2;P.L.77-1984, SEC.13; P.L.327-1985, SEC.2; P.L.156-1986, SEC.5;P.L.329-1987, SEC.1; P.L.31-1998, SEC.9; P.L.22-2008, SEC.2. IC 35-48-2-7
Schedule III tests
Sec. 7. (a) The board shall recommend placement of a substance in schedule III under this chapter if it finds that: (1) the substance has a potential for abuse less than thesubstances listed in schedule I and II under this chapter;(2) the substance has currently accepted medical use intreatment in the United States; and(3) abuse of the substance may lead to moderate or low physicaldependence or high psychological dependence.
(b) The board may recommend placement of a substance in schedule III under this chapter if it finds that the substance isclassified as a controlled substance in schedule III under federal law.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987,SEC.9. IC 35-48-2-8
Schedule III
Sec. 8. (a) The controlled substances listed in this section are included in schedule III.
(b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparationwhich contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts,isomers (whether optical, position, or geometric), and salts of suchisomers whenever the existence of such salts, isomers, and salts ofisomers is possible within the specific chemical designation: (1) Those compounds, mixtures, or preparations in dosage unitform containing any stimulant substances listed in schedule IIwhich compounds, mixtures, or preparations were listed onApril 1, 1986, as excepted compounds under 21 CFR 1308.32,and any other drug of the quantitative composition shown inthat list for those drugs or that is the same except that itcontains a lesser quantity of controlled substances (1405).
(2) Benzphetamine (1228).
(3) Chlorphentermine (1645).
(4) Clortermine (1647).
(5) Phendimetrazine (1615).
(c) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparationwhich contains any quantity of the following substances having adepressant effect on the central nervous system: (1) Any compound, mixture, or preparation containing: (A) amobarbital (2126);(B) secobarbital (2316);(C) pentobarbital (2271); or(D) any of their salts; and one (1) or more other active medicinal ingredients whichare not listed in any schedule.
(2) Any suppository dosage form containing: (A) amobarbital (2126);(B) secobarbital (2316);(C) pentobarbital (2271); or(D) any of their salts; and approved by the Food and Drug Administration formarketing only as a suppository.
(3) Any substance which contains any quantity of a derivativeof barbituric acid, or any salt thereof (2100).
(4) Chlorhexadol (2510).
(5) Embutramide (2020).
(6) Lysergic acid (7300).
(7) Lysergic acid amide (7310).
(8) Methyprylon (2575).
(9) Sulfondiethylmethane (2600).
(10) Sulfonethylmethane (2605).
(11) Sulfonmethane (2610).
(12) A combination product containing Tiletamine andZolazepam or any salt thereof (Telazol) (7295).
(13) Any drug product containing gamma-hydroxybutyric acid,including its salts, isomers, and salts of isomers, for which anapplication is approved under section 505 of the federal Food,Drug and Cosmetic Act, 21 U.S.C. 301 et seq. (2012).
(d) Nalorphine (a narcotic drug) (9400).
(e) Narcotic Drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparationcontaining any of the following narcotic drugs, or their saltscalculated as the free anhydrous base or alkaloid, in the followinglimited quantities: (1) Not more than 1.8 grams of codeine, per 100 milliliters ornot more than 90 milligrams per dosage unit, with an equal orgreater quantity of an isoquinoline alkaloid of opium (9803).
(2) Not more than 1.8 grams of codeine, per 100 milliliters ornot more than 90 milligrams per dosage unit, with one (1) ormore active, nonnarcotic ingredients in recognized therapeuticamounts (9804).
(3) Not more than 300 milligrams of dihydrocodeinone, per 100milliliters or not more than 15 milligrams per dosage unit, witha fourfold or greater quantity of an isoquinoline alkaloid ofopium (9805).
(4) Not more than 300 milligrams of dihydrocodeinone, per 100milliliters or not more than 15 milligrams per dosage unit, withone (1) or more active nonnarcotic ingredients in recognizedtherapeutic amounts (9806).
(5) Not more than 1.8 grams of dihydrocodeine, per 100milliliters or not more than 90 milligrams per dosage unit, withone (1) or more active, nonnarcotic ingredients in recognizedtherapeutic amounts (9807).
(6) Not more than 300 milligrams of ethylmorphine, per 100milliliters or not more than 15 milligrams per dosage unit, withone (1) or more active, nonnarcotic ingredients in recognizedtherapeutic amounts (9808).
(7) Not more than 500 milligrams of opium per 100 millilitersor per 100 grams or not more than 25 milligrams per dosageunit, with one (1) or more active, nonnarcotic ingredients inrecognized therapeutic amounts (9809).
(8) Not more than 50 milligrams of morphine, per 100milliliters or per 100 grams with one (1) or more activenonnarcotic ingredients in recognized therapeutic amounts(9810).
(9) Buprenorphine (9064).
(f) Anabolic steroid (as defined in 21 U.S.C. 802(41)(A) and 21 U.S.C. 802(41)(B)).
(g) The board shall except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listedin subsections (b) through (e) from the application of any part of thisarticle if the compound, mixture, or preparation contains one (1) ormore active medicinal ingredients not having a stimulant ordepressant effect on the central nervous system, and if the admixturesare included therein in combinations, quantity, proportion, orconcentration that vitiate the potential for abuse of the substanceswhich have a stimulant or depressant effect on the central nervoussystem.
(h) Any material, compound, mixture, or preparation which contains any quantity of Ketamine (7285).
(i) Hallucinogenic substances: Dronabinol (synthetic) in sesame oil and encapsulated in a softgelatin capsule in a United States Food and DrugAdministration approved drug product (7369).
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.2, SEC.86; Acts 1979, P.L.303, SEC.5; Acts 1981, P.L.170,SEC.4; P.L.333-1983, SEC.3; P.L.200-1987, SEC.10; P.L.48-1991,SEC.76; P.L.1-1994, SEC.171; P.L.31-1998, SEC.10; P.L.288-2001,SEC.16; P.L.22-2008, SEC.3. IC 35-48-2-9
Schedule IV tests
Sec. 9. (a) The board shall recommend placement of a substance in schedule IV under this chapter if it finds that: (1) the substance has a low potential for abuse relative tosubstances in schedule III under this chapter;(2) the substance has currently accepted medical use intreatment in the United States; and(3) abuse of the substance may lead to limited physicaldependence or psychological dependence relative to thesubstances in schedule III under this chapter.
(b) The board may recommend placement of a substance in schedule IV under this chapter if it finds that the substance isclassified as a controlled substance in schedule IV under federal law.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987,SEC.11. IC 35-48-2-10
Schedule IV
Sec. 10. (a) The controlled substances listed in this section are included in schedule IV.
(b) Narcotic drugs. Unless specifically excepted in a rule adopted by the board or unless listed in another schedule, any material,compound, mixture, or preparation containing any of the followingnarcotic drugs, or their salts calculated as the free anhydrous base oralkaloid, in the following limited quantities: (1) Not more than 1 milligram of difenoxin (9618) and not lessthan 25 micrograms of atropine sulfate per dosage unit.
(2) Dextropropoxyphene (alpha- (+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane (9278).
(c) Depressants. Unless specifically excepted in a rule adopted by the board or unless listed in another schedule, any material,compound, mixture, or preparation which contains any quantity ofthe following substances, including its salts, isomers, and salts ofisomers whenever the existence of such salts, isomers, and salts ofisomers is possible within the specific chemical designation: Alprazolam (2882).
Barbital (2145).
Bromazepam (2748).
Camazepam (2749).
Carisoprodol.
Chloral betaine (2460).
Chloral hydrate (2465).
Chlordiazepoxide (2744).
Clobazam (2751).
Clonazepam (2737).
Clorazepate (2768).
Clotiazepam (2752).
Cloxazolam (2753).
Delorazepam (2754).
Diazepam (2765).
Dichloralphenazone (2467).
Estazolam (2756).
Ethchlorvynol (2540).
Ethinamate (2545).
Ethyl loflazepate (2758).
Fludiazepam (2759).
Flunitrazepam (2763).
Flurazepam (2767).
Halazepam (2762).
Haloxazolam (2771).
Ketazolam (2772).
Loprazolam (2773).
Lorazepam (2885).
Lormetazepam (2774).
Mebutamate (2800).
Medazepam (2836).
Meprobamate (2820).
Methohexital (2264).
Methylphenobarbital (mephobarbital) (2250).
Midazolam (2884).
Nimetazepam (2837).
Nitrazepam (2834).
Nordiazepam (2838).
Oxazepam (2835).
Oxazolam (2839).
Paraldehyde (2585).
Petrichloral (2591).
Phenobarbital (2285).
Pinazepam (2883).
Prazepam (2764).
Quazepam (2881).
Temazepam (2925).
Tetrazepam (2886).
Triazolam (2887).
Zaleplon (2781).
Zolpidem (Ambien) (2783).
Zopiclone (2784).
(d) Fenfluramine. Any material, compound, mixture, or preparation which contains any quantity of the following substances,including its salts, isomers (whether optical, position, or geometric),and salts of such isomers, whenever the existence of such salts,isomers, and salts of isomers is possible.
(e) Stimulants. Unless specifically excepted in a rule adopted by the board or unless listed in another schedule, any material,compound, mixture, or preparation which contains any quantity ofthe following substances having a stimulant effect on the centralnervous system, including its salts, isomers (whether optical,position, or geometric), and salts of such isomers whenever theexistence of such salts, isomers, and salts of isomers is possiblewithin the specific chemical designation: Cathine ((+)-norpseudoephedrine) (1230).
Diethylpropion (1610).
Fencamfamin (1760).
Fenproporex (1575).
Mazindol (1605).
Mefenorex (1580).
Modafinil (1680).
Phentermine (1640).
Pemoline (including organometallic complexes and chelatesthereof) (1530).
Pipradrol (1750).
Sibutramine (1675).
SPA ((-)-1-dimethylamino-1,2-diphenylethane (1635).
(f) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparationwhich contains any quantity of the following substances including itssalts: Butorphanol (including its optical isomers) (9720).
Pentazocine (9709).
(g) The board may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection(b), (c), (d), (e), or (f) from the application of any part of this articleif the compound, mixture, or preparation contains one (1) or moreactive medicinal ingredients not having a depressant effect on thecentral nervous system, and if the admixtures are included therein incombinations, quantity, proportion, or concentration that vitiate thepotential for abuse of the substances which have a depressant effecton the central nervous system.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.344, SEC.2; Acts 1979, P.L.303, SEC.6; Acts 1981, P.L.170,SEC.5; P.L.333-1983, SEC.4; P.L.77-1984, SEC.14; P.L.200-1987,SEC.12; P.L.288-2001, SEC.17; P.L.8-2004, SEC.3; P.L.22-2008,SEC.4. IC 35-48-2-11
Schedule V tests
Sec. 11. (a) The board shall recommend placement of a substance in schedule V under this chapter if it finds that: (1) the substance has low potential for abuse relative to thecontrolled substances listed in schedule IV under this chapter;(2) the substance has currently accepted medical use intreatment in the United States; and(3) the substance has limited physical dependence orpsychological dependence liability relative to the controlledsubstances listed in schedule IV under this chapter.
(b) The board may recommend placement of a substance in schedule V under this chapter if it finds that the substance isclassified as a controlled substance in schedule V under federal law.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987,SEC.13. IC 35-48-2-12
Schedule V
Sec. 12. (a) The controlled substances listed in this section are included in schedule V.
(b) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing anyof the following narcotic drugs, or their salts calculated as the freeanhydrous base or alkaloid, in the following quantities, which shallinclude one (1) or more nonnarcotic active medicinal ingredients insufficient proportion to confer upon the compound, mixture, orpreparation, valuable medicinal qualities other than those possessedby the narcotic drug alone: (1) Not more than 200 milligrams of codeine per 100 millilitersor per 100 grams.
(2) Not more than 100 milligrams of dihydrocodeine per 100milliliters or per 100 grams.
(3) Not more than 100 milligrams of ethylmorphine per 100milliliters or per 100 grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not lessthan 25 micrograms of atropine sulfate per dosage unit.
(5) Not more than 100 milligrams of opium per 100 millilitersor per 100 grams.
(6) Not more than 0.5 milligrams of difenoxin (9168), and notless than 25 micrograms of atropine sulfate per dosage unit.
(c) Pregabalin (2782).
(d) Pyrovalerone (1485).
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979,P.L.303, SEC.7; Acts 1981, P.L.170, SEC.6; P.L.327-1985, SEC.3;P.L.22-2008, SEC.5. (Repealed by Acts 1979, P.L.303, SEC.13.) Sec. 14. (a) The board may adopt rules under IC 4-22-2 to reclassify a controlled substance: (1) from a more restrictive schedule to a less restrictiveschedule; or(2) as a substance that is not a controlled substance; if the board finds that the substance qualifies for reclassificationunder this chapter and that the same reclassification has been madein a controlled substance schedule under federal law.
(b) If the board reclassifies a controlled substance under subsection (a), the board shall recommend the same reclassificationto the general assembly under section 1 of this chapter.
(c) Notwithstanding a provision in this chapter that classifies a controlled substance in a more restrictive schedule than a ruleadopted under subsection (a), a person who manufactures,distributes, dispenses, possesses, or uses a controlled substance incompliance with the requirements applicable to the less restrictiveschedule to which a controlled substance is reclassified undersubsection (a) does not commit an offense under this article.
(d) Notwithstanding a provision in this chapter that classifies a substance as a controlled substance, a person does not commit anoffense under this article if the board has reclassified the controlledsubstance as a substance that is not a controlled substance.
As added by P.L.200-1987, SEC.14. IC 35-48-3
Chapter 3. Registration and Control
Sec. 1. Rules. The board may promulgate rules and charge reasonable fees relating to the registration and control of themanufacture, distribution, and dispensing of controlled substanceswithin this state.
As added by Acts 1976, P.L.148, SEC.7. IC 35-48-3-2
Limited permits for entities operating animal shelters
Sec. 2. (a) Any humane society, animal control agency, or governmental entity operating an animal shelter or other animalimpounding facility is entitled to receive a limited permit only for thepurpose of buying, possessing, and using: (1) sodium pentobarbital to euthanize injured, sick, homeless,or unwanted domestic pets and animals;(2) ketamine and ketamine products to anesthetize orimmobilize fractious domestic pets and animals; and(3) a combination product containing tiletimine and zolazepamas an agent for the remote chemical capture of domestic pets oranimals that otherwise cannot be restrained or captured.
(b) A humane society, animal control agency, or governmental entity entitled to receive a permit under this chapter must: (1) apply to the board according to the rules established by theboard;(2) pay annually to the board a fee set by the board for thelimited permit; and(3) submit proof, as determined by the board, that theemployees of an applicant who will handle a controlledsubstance are sufficiently trained to use and administer thecontrolled substance.
(c) All fees collected by the board under this section shall be credited to the state board of pharmacy account.
(d) Storage, handling, and use of controlled substances obtained according to this section are subject to the rules adopted by theboard.
(e) Before issuing a permit under this section, the board may consult with the board of veterinary medical examiners.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.193-1987,SEC.16; P.L.136-2001, SEC.1; P.L.84-2010, SEC.93. Sec. 3. (a) Every person who manufactures or distributes any controlled substance within this state or who proposes to engage inthe manufacture or distribution of any controlled substance withinthis state, must obtain biennially a registration issued by the board in accordance with its rules.
(b) Every person who dispenses or proposes to dispense any controlled substance within Indiana must have a registration issuedby the board in accordance with its rules. A registration issued to adispenser under this subsection expires whenever the dispenser'slicense as a practitioner expires. The board shall renew a dispenser'sregistration under this subsection concurrently with any state licenseauthorizing the dispenser to act as a practitioner.
(c) Persons registered by the board under this article to manufacture, distribute, dispense, or conduct research withcontrolled substances may possess, manufacture, distribute, dispense,or conduct research with those substances to the extent authorized bytheir registration and in conformity with the other provisions of thischapter.
(d) The following persons need not register and may lawfully possess controlled substances under this article: (1) An agent or employee of any registered manufacturer,distributor, or dispenser of any controlled substance if he isacting in the usual course of his business or employment.
(2) A common or contract carrier or warehouseman, or anemployee thereof, whose possession of any controlled substanceis in the usual course of business or employment.
(3) An ultimate user or a person in possession of any controlledsubstance under a lawful order of a practitioner or in lawfulpossession of a schedule V substance.
(e) The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if it finds itconsistent with the public health and safety.
(f) A separate registration is required at each principal place of business or professional practice where the applicant manufactures,distributes, dispenses, or possesses controlled substances.
(g) The board may inspect the establishment of a registrant or applicant for registration in accordance with the board's rules.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.156-1986,SEC.6. IC 35-48-3-3.1
Expiration of controlled substance registration; renewal fees;
notification of registrant of fees; evidence of extended registration
Sec. 3.1. (a) A registration to manufacture, distribute, or dispense a controlled substance that is: (1) issued by the Indiana state board of pharmacy under thischapter, as effective April 30, 1986; and(2) in effect on April 30, 1986; does not expire until the date specified for renewal of the registrationunder section 3 of this chapter, as amended by P.L.156-1986.
However, the registrant is liable for a prorated renewal feeproportionate to the fraction of the renewal period specified undersection 3 of this chapter, as amended by P.L.156-1986, that theextended registration is in effect.
(b) The health professions bureau shall: (1) notify a registrant described under subsection (a) in writingof; and(2) collect; the amount of the prorated fee applicable to the registrant's extendedregistration.
(c) The health professions bureau shall issue to a registrant described under subsection (a) such evidence of the registrant'sextended registration as the state board of pharmacy requires.
As added by P.L.220-2011, SEC.629. Sec. 4. (a) The board shall register an applicant to manufacture or distribute controlled substances unless it determines that the issuanceof that registration would be inconsistent with the public interest. Indetermining the public interest, the board shall consider: (1) maintenance of effective controls against diversion ofcontrolled substances into other than legitimate medical,scientific, or industrial channels;(2) compliance with applicable state and local law;(3) any convictions of the applicant under any federal and statelaws relating to any controlled substance;(4) past experience in the manufacture or distribution ofcontrolled substances, and the existence in the applicant'sestablishment of effective controls against diversion;(5) furnishing by the applicant of false or fraudulent material inany application filed under this article;(6) suspension or revocation of the applicant's federalregistration to manufacture, distribute, or dispense controlledsubstances as authorized by federal law; and(7) any other factors relevant to and consistent with the publichealth and safety.
(b) Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlledsubstances in schedules I or II other than those specified in theregistration.
(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances inschedules II through V if they are authorized to dispense or conductresearch under the law of this state. The board need not requireseparate registration under this chapter for practitioners engaging inresearch with nonnarcotic controlled substances in schedules IIthrough V where the registrant is already registered under thischapter in another capacity, to the extent authorized by hisregistration in that other capacity.
(d) Registration to conduct research or instructional activities with controlled substances in schedules I through V does not entitle aregistrant to conduct research or instructional activities withcontrolled substances other than those approved by the board in accordance with the registration.
(e) The board may consult with the board of veterinary medical examiners before issuing a registration to a person: (1) who seeks to conduct research or instructional activitieswith controlled substances in schedules I through IV; and(2) whose activities constitute the practice of veterinarymedicine (as defined by IC 25-38.1-1-12).
(f) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees)entitles them to be registered under this article.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1981,P.L.170, SEC.7; P.L.84-2010, SEC.94. IC 35-48-3-5
Denial, revocation, and suspension of registration; reinstatement
Sec. 5. (a) An application for registration or reregistration submitted pursuant to and a registration issued under section 3 of thischapter to manufacture, distribute, or dispense a controlled substancemay be denied, suspended, or revoked by the board upon a findingthat the applicant or registrant: (1) has furnished false or fraudulent material information in anyapplication filed under this article;(2) has violated any state or federal law relating to anycontrolled substance;(3) has had the applicant's or registrant's federal registrationsuspended or revoked to manufacture, distribute, or dispensecontrolled substances; or(4) has failed to maintain reasonable controls against diversionof controlled substances into other than legitimate medical,scientific, or industrial channels.
(b) The board may limit revocation or suspension of a registration or the denial of an application for registration or reregistration to theparticular controlled substance with respect to which grounds forrevocation, suspension, or denial exist.
(c) If the board suspends or revokes a registration or denies an application for reregistration, all controlled substances owned orpossessed by the registrant at the time of suspension or the effectivedate of the revocation or denial order may be placed under seal. Theboard may require the removal of such substances from the premises.
No disposition may be made of substances under seal until the timefor taking an appeal has elapsed or until all appeals have beenconcluded unless a court, upon application therefor, orders the saleof perishable substances and the deposit of the proceeds of the salewith the court. Upon a revocation or denial order becoming final, allcontrolled substances may be forfeited to the state.
(d) The board shall promptly notify the drug enforcement administration of all orders suspending or revoking registration, allorders denying any application for registration or reregistration, andall forfeitures of controlled substances.
(e) If the Drug Enforcement Administration terminates, denies, suspends, or revokes a federal registration for the manufacture,distribution, or dispensing of controlled substances, a registrationissued by the board under this chapter is automatically suspended.
(f) The board may reinstate a registration that has been suspended under subsection (e), after a hearing, if the board is satisfied that theapplicant is able to manufacture, distribute, or dispense controlledsubstances with reasonable skill and safety to the public. As acondition of reinstatement, the board may impose disciplinary orcorrective measures authorized under IC 25-1-9-9 or this article.
(g) A registration issued under this chapter is automatically revoked if any state license authorizing a dispenser to act as apractitioner is revoked.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1981,P.L.170, SEC.8; P.L.197-2007, SEC.93; P.L.84-2010, SEC.95. IC 35-48-3-6
Order to show cause
Sec. 6. (a) Before recommending a denial, suspension, or revocation of a registration, or before refusing a renewal ofregistration, the board shall serve upon the applicant or registrant anorder to show cause why registration should not be denied, revoked,or suspended, or why the renewal should not be denied. The order toshow cause shall contain a statement of the basis therefor and shallcall upon the applicant or registrant to appear before the board at atime and place not less than thirty (30) days after the date of serviceof the order, but in the case of a denial or renewal of registration theshow cause order shall be served not later than thirty (30) daysbefore the expiration of the registration. These proceedings shall beconducted in accordance with IC 4-21.5 without regard to anycriminal prosecution or other proceeding. Proceedings to refuserenewal of registration shall not abate the existing registration, whichshall remain in effect pending the outcome of the administrativehearing.
(b) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings undersection 4 of this chapter, or where renewal of registration is refused,if it finds that there is an imminent danger to the public health orsafety which warrants this action. The suspension shall continue ineffect until the conclusion of the proceedings, including judicialreview thereof, unless sooner withdrawn by the board or dissolvedby a court of competent jurisdiction.
(c) If an applicant for reregistration (who is doing business under a registration previously granted and not revoked nor suspended) hasapplied for reregistration at least forty-five (45) days before the dateon which the existing registration is due to expire, the existingregistration of the applicant shall automatically be extended andcontinue in effect until the date on which the board so issues itsorder. The board may extend any other existing registration under thecircumstances contemplated in this section even though the registrantfailed to apply for reregistration at least forty-five (45) days before expiration of the existing registration, with or without request by theregistrant, if the board finds that such extension is not inconsistentwith the public health and safety.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.7-1987,SEC.166; P.L.84-2010, SEC.96. IC 35-48-3-7
Records of registrants
Sec. 7. Records of Registrants. Persons registered to manufacture, distribute, or dispense controlled substances under this article shallkeep records and maintain inventories in conformance with therecord-keeping and inventory requirements of federal law and withany additional rules the board issues.
As added by Acts 1976, P.L.148, SEC.7. IC 35-48-3-8
Order forms
Sec. 8. Order Forms. Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuantto an order form. Compliance with the provisions of federal lawrespecting order forms is deemed compliance with this section.
As added by Acts 1976, P.L.148, SEC.7. Sec. 9. (a) Except for dosages medically required for a period of not more than forty-eight (48) hours that are dispensed by or on thedirection of a practitioner or medication dispensed directly by apractitioner, other than a pharmacy, to an ultimate user, no controlledsubstance in schedule II may be dispensed without the written orelectronic prescription of a practitioner.
(b) In emergency situations, as defined by rule of the board, schedule II drugs may be dispensed upon oral prescription of apractitioner, reduced promptly to writing and filed by the pharmacy.
Prescriptions shall be retained in conformity with the requirementsof section 7 of this chapter. No prescription for a schedule IIsubstance may be refilled.
(c) Except for dosages medically required for a period of not more than forty-eight (48) hours that are dispensed by or on the directionof a practitioner, or medication dispensed directly by a practitioner,other than a pharmacy, to an ultimate user, a controlled substanceincluded in schedule III or IV, which is a prescription drug asdetermined under IC 16-42-19, shall not be dispensed without awritten, electronic, or oral prescription of a practitioner. Theprescription shall not be filled or refilled more than six (6) monthsafter the date thereof or be refilled more than five (5) times, unlessrenewed by the practitioner. Prescriptions for schedule III, IV, and Vcontrolled substances may be transmitted by facsimile from thepractitioner or the agent of the practitioner to a pharmacy. Thefacsimile prescription is equivalent to an original prescription to the extent permitted under federal law.
(d) A controlled substance included in schedule V shall not be distributed or dispensed other than for a medical purpose.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.2-1993,SEC.192; P.L.163-1994, SEC.4; P.L.204-2005, SEC.21;P.L.174-2011, SEC.5. (Repealed by P.L.157-1999, SEC.2.) IC 35-48-3-11
Treatment for weight reduction or to control obesity
Sec. 11. (a) Only a physician licensed under IC 25-22.5 may treat a patient with a Schedule III or Schedule IV controlled substance forthe purpose of weight reduction or to control obesity.
(b) A physician licensed under IC 25-22.5 may not prescribe, dispense, administer, supply, sell, or give any amphetamine,sympathomimetic amine drug, or compound designated as aSchedule III or Schedule IV controlled substance under IC 35-48-2-8and IC 35-48-2-10 for a patient for purposes of weight reduction orto control obesity, unless the physician does the following: (A) through review of: (i) the physician's records of prior treatment of the patient;or(ii) the records of prior treatment of the patient providedby a previous treating physician or weight loss program; that the physician's patient has made a reasonable effort tolose weight in a treatment program using a regimen ofweight reduction based on caloric restriction, nutritionalcounseling, behavior modification, and exercise withoutusing controlled substances; and(B) that the treatment described in clause (A) has beenineffective for the physician's patient.
(2) Obtains a thorough history and performs a thoroughphysical examination of the physician's patient before initiatinga treatment plan using a Schedule III or Schedule IV controlledsubstance for purposes of weight reduction or to controlobesity.
(c) A physician licensed under IC 25-22.5 may not begin and shall discontinue using a Schedule III or Schedule IV controlled substancefor purposes of weight reduction or to control obesity after thephysician determines in the physician's professional judgment that: (1) the physician's patient has failed to lose weight using atreatment plan involving the controlled substance;(2) the controlled substance has provided a decreasingcontribution toward further weight loss for the patient unlesscontinuing to take the controlled substance is medicallynecessary or appropriate for maintenance therapy; (3) the physician's patient: (A) has a history of; or(B) shows a propensity for; alcohol or drug abuse; or(4) the physician's patient has consumed or disposed of acontrolled substance in a manner that does not strictly complywith a treating physician's direction.
As added by P.L.157-1999, SEC.1. Amended by P.L.37-2001, SEC.1. IC 35-48-4
Chapter 4. Offenses Relating to Controlled Substances
IC 35-48-4-0.1
Application of certain amendments to chapter
Sec. 0.1. The following amendments to this chapter apply as (1) The amendments made to section 13 of this chapter byP.L.31-1998 apply only to offenses committed after June 30,1998. An offense committed under section 13 of this chapterbefore July 1, 1998, may be prosecuted and remains punishableas provided in section 13 of this chapter, as effective beforeJuly 1, 1998.
(2) The addition of section 0.5 of this chapter by P.L.225-2003applies only to a controlled substance offense under this chapterthat occurs after June 30, 2003.
As added by P.L.220-2011, SEC.630. Amended by P.L.63-2012,SEC.83. IC 35-48-4-0.5
Controlled substance analog; schedule I controlled substance
Sec. 0.5. For purposes of this chapter, a "controlled substance analog" is considered to be a controlled substance in schedule I if theanalog is in whole or in part intended for human consumption.
As added by P.L.225-2003, SEC.2. IC 35-48-4-1
Dealing in cocaine or narcotic drug
Sec. 1. (a) A person who: (1) knowingly or intentionally: (A) manufactures;(B) finances the manufacture of;(C) delivers; or(D) finances the delivery of; cocaine or a narcotic drug, pure or adulterated, classified inschedule I or II; or(2) possesses, with intent to: (A) manufacture;(B) finance the manufacture of;(C) deliver; or(D) finance the delivery of; cocaine or a narcotic drug, pure or adulterated, classified inschedule I or II; commits dealing in cocaine or a narcotic drug, a Class B felony,except as provided in subsection (b).
(b) The offense is a Class A felony if: (1) the amount of the drug involved weighs three (3) grams ormore;(2) the person: (A) delivered; or (B) financed the delivery of; the drug to a person under eighteen (18) years of age at leastthree (3) years junior to the person; or(3) the person manufactured, delivered, or financed the deliveryof the drug: (A) on a school bus; or(B) in, on, or within one thousand (1,000) feet of: (i) school property;(ii) a public park;(iii) a family housing complex; or(iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.96; Acts 1979, P.L.303, SEC.8; P.L.296-1987, SEC.5;P.L.165-1990, SEC.3; P.L.296-1995, SEC.3; P.L.65-1996, SEC.11;P.L.17-2001, SEC.19; P.L.151-2006, SEC.22. IC 35-48-4-1.1
Dealing in methamphetamine
Sec. 1.1. (a) A person who: (1) knowingly or intentionally: (A) manufactures;(B) finances the manufacture of;(C) delivers; or(D) finances the delivery of; methamphetamine, pure or adulterated; or(2) possesses, with intent to: (A) manufacture;(B) finance the manufacture of;(C) deliver; or(D) finance the delivery of; methamphetamine, pure or adulterated; commits dealing in methamphetamine, a Class B felony, except asprovided in subsection (b).
(b) The offense is a Class A felony if: (1) the amount of the drug involved weighs three (3) grams ormore;(2) the person: (A) delivered; or(B) financed the delivery of; the drug to a person under eighteen (18) years of age at leastthree (3) years junior to the person; or(3) the person manufactured, delivered, or financed the deliveryof the drug: (A) on a school bus; or(B) in, on, or within one thousand (1,000) feet of: (i) school property;(ii) a public park;(iii) a family housing complex; or(iv) a youth program center.
As added by P.L.151-2006, SEC.23. IC 35-48-4-2
Dealing in a schedule I, II, or III controlled substance
Sec. 2. (a) A person who: (1) knowingly or intentionally: (A) manufactures;(B) finances the manufacture of;(C) delivers; or(D) finances the delivery of; a controlled substance, pure or adulterated, classified inschedule I, II, or III, except marijuana, hash oil, hashish, salvia,or a synthetic cannabinoid; or(2) possesses, with intent to: (A) manufacture;(B) finance the manufacture of;(C) deliver; or(D) finance the delivery of; a controlled substance, pure or adulterated, classified inschedule I, II, or III, except marijuana, hash oil, hashish, salvia,or a synthetic cannabinoid; commits dealing in a schedule I, II, or III controlled substance, aClass B felony, except as provided in subsection (b).
(b) The offense is a Class A felony if: (A) delivered; or(B) financed the delivery of; the substance to a person under eighteen (18) years of age atleast three (3) years junior to the person; or(2) the person delivered or financed the delivery of thesubstance: (A) on a school bus; or(B) in, on, or within one thousand (1,000) feet of: (i) school property;(ii) a public park;(iii) a family housing complex; or(iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.97; Acts 1979, P.L.303, SEC.9; P.L.296-1987, SEC.6;P.L.165-1990, SEC.4; P.L.296-1995, SEC.4; P.L.65-1996, SEC.12;P.L.17-2001, SEC.20; P.L.138-2011, SEC.13; P.L.182-2011,SEC.13. IC 35-48-4-3
Dealing in a schedule IV controlled substance
Sec. 3. (a) A person who: (1) knowingly or intentionally: (A) manufactures;(B) finances the manufacture of;(C) delivers; or(D) finances the delivery of; a controlled substance, pure or adulterated, classified in schedule IV; or(2) possesses, with intent to manufacture or deliver, a controlledsubstance, pure or adulterated, classified in schedule IV; commits dealing in a schedule IV controlled substance, a Class Cfelony, except as provided in subsection (b).
(b) The offense is a Class B felony if: (A) delivered; or(B) financed the delivery of; the substance to a person under eighteen (18) years of age atleast three (3) years junior to the person; or(2) the person delivered or financed the delivery of thesubstance: (A) on a school bus; or(B) in, on, or within one thousand (1,000) feet of: (i) school property;(ii) a public park;(iii) a family housing complex; or(iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.98; P.L.296-1987, SEC.7; P.L.165-1990, SEC.5;P.L.296-1995, SEC.5; P.L.65-1996, SEC.13; P.L.17-2001, SEC.21. IC 35-48-4-4
Dealing in a schedule V controlled substance
Sec. 4. (a) A person who: (1) knowingly or intentionally: (A) manufactures;(B) finances the manufacture of;(C) delivers; or(D) finances the delivery of; a controlled substance, pure or adulterated, classified inschedule V; or(2) possesses, with intent to: (A) manufacture;(B) finance the manufacture of;(C) deliver; or(D) finance the delivery of; a controlled substance, pure or adulterated, classified inschedule V; commits dealing in a schedule V controlled substance, a Class Dfelony, except as provided in subsection (b).
(b) The offense is a Class B felony if: (A) delivered; or(B) financed the delivery of; the substance to a person under eighteen (18) years of age atleast three (3) years junior to the person; or(2) the person delivered or financed the delivery of thesubstance: (A) on a school bus; or(B) in, on, or within one thousand (1,000) feet of: (i) school property;(ii) a public park;(iii) a family housing complex; or(iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.99; P.L.296-1987, SEC.8; P.L.165-1990, SEC.6;P.L.296-1995, SEC.6; P.L.65-1996, SEC.14; P.L.17-2001, SEC.22. IC 35-48-4-4.1
Dumping controlled substance waste
Sec. 4.1. (a) A person who dumps, discharges, discards, transports, or otherwise disposes of: (1) chemicals, knowing the chemicals were used in the illegalmanufacture of a controlled substance or an immediateprecursor; or(2) waste, knowing that the waste was produced from the illegalmanufacture of a controlled substance or an immediateprecursor; commits dumping controlled substance waste, a Class D felony.
(b) It is not a defense in a prosecution under subsection (a) that the person did not manufacture the controlled substance orimmediate precursor.
As added by P.L.17-2001, SEC.23. IC 35-48-4-4.5
Dealing in a substance represented to be a controlled substance
Sec. 4.5. (a) A person who knowingly or intentionally delivers or finances the delivery of any substance, other than a controlledsubstance or a drug for which a prescription is required under federalor state law, that: (1) is expressly or impliedly represented to be a controlledsubstance;(2) is distributed under circumstances that would lead areasonable person to believe that the substance is a controlledsubstance; or(3) by overall dosage unit appearance, including shape, color,size, markings, or lack of markings, taste, consistency, or anyother identifying physical characteristic of the substance, wouldlead a reasonable person to believe the substance is a controlledsubstance; commits dealing in a substance represented to be a controlledsubstance, a Class D felony.
(b) In determining whether representations have been made, subject to subsection (a)(1), or whether circumstances of distributionexist, subject to subsection (a)(2), the trier of fact may consider, inaddition to other relevant factors, the following: (1) Statements made by the owner or other person in control ofthe substance, concerning the substance's nature, use, or effect.
(2) Statements made by any person, to the buyer or recipient ofthe substance, that the substance may be resold for profit.
(3) Whether the substance is packaged in a manner uniquelyused for the illegal distribution of controlled substances.
(4) Whether: (A) the distribution included an exchange of, or demand for,money or other property as consideration; and(B) the amount of the consideration was substantially greaterthan the reasonable retail market value of the substance.
As added by Acts 1981, P.L.305, SEC.1. Amended by P.L.210-1986,SEC.1; P.L.165-1990, SEC.7. IC 35-48-4-4.6
Unlawful manufacture, distribution, or possession of counterfeit
substance
Sec. 4.6. (a) A person who knowingly or intentionally: (1) manufactures;(2) finances the manufacture of;(3) advertises;(4) distributes; or(5) possesses with intent to manufacture, finance themanufacture of, advertise, or distribute; a substance described in section 4.5 of this chapter commits a ClassC felony.
(b) A person who knowingly or intentionally possesses a substance described in section 4.5 of this chapter commits a Class Cmisdemeanor. However, the offense is a Class A misdemeanor if theperson has a previous conviction under this section.
(c) In any prosecution brought under this section it is not a defense that the person believed the substance actually was acontrolled substance.
(d) This section does not apply to the following: (1) The manufacture, financing the manufacture of, processing,packaging, distribution, or sale of noncontrolled substances tolicensed medical practitioners for use as placebos inprofessional practice or research.
(2) Persons acting in the course and legitimate scope of theiremployment as law enforcement officers.
(3) The retention of production samples of noncontrolledsubstances produced before September 1, 1986, where suchsamples are required by federal law.
As added by P.L.210-1986, SEC.2. Amended by P.L.165-1990,SEC.8; P.L.150-1999, SEC.1; P.L.225-2003, SEC.3. IC 35-48-4-5
Dealing in a counterfeit substance
Sec. 5. A person who: (1) knowingly or intentionally: (A) creates;(B) delivers; or (C) finances the delivery of; a counterfeit substance; or(2) possesses, with intent to: (A) deliver; or(B) finance the delivery of; a counterfeit substance; commits dealing in a counterfeit substance, a Class D felony.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.100; P.L.165-1990, SEC.9. IC 35-48-4-6
Possession of cocaine or narcotic drug
Sec. 6. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professionalpractice, knowingly or intentionally possesses cocaine (pure oradulterated) or a narcotic drug (pure or adulterated) classified inschedule I or II, commits possession of cocaine or a narcotic drug, aClass D felony, except as provided in subsection (b).
(b) The offense is: (1) a Class C felony if: (A) the amount of the drug involved (pure or adulterated)weighs three (3) grams or more; or(B) the person was also in possession of a firearm (asdefined in IC 35-47-1-5); (2) a Class B felony if the person in possession of the cocaineor narcotic drug possesses less than three (3) grams of pure oradulterated cocaine or a narcotic drug: (A) on a school bus; or(B) in, on, or within one thousand (1,000) feet of: (i) school property;(ii) a public park;(iii) a family housing complex; or(iv) a youth program center; and (3) a Class A felony if the person possesses the cocaine ornarcotic drug in an amount (pure or adulterated) weighing atleast three (3) grams: (A) on a school bus; or(B) in, on, or within one thousand (1,000) feet of: (i) school property;(ii) a public park;(iii) a family housing complex; or(iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.101; Acts 1979, P.L.303, SEC.10; P.L.138-1983,SEC.3; P.L.296-1987, SEC.9; P.L.296-1995, SEC.7; P.L.65-1996,SEC.15; P.L.188-1999, SEC.7; P.L.17-2001, SEC.24; P.L.151-2006,SEC.24. IC 35-48-4-6.1
Possession of methamphetamine
Sec. 6.1. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professionalpractice, knowingly or intentionally possesses methamphetamine(pure or adulterated) commits possession of methamphetamine, aClass D felony, except as provided in subsection (b).
(b) The offense is: (1) a Class C felony if: (A) the amount of the drug involved (pure or adulterated)weighs three (3) grams or more; or(B) the person was also in possession of a firearm (asdefined in IC 35-47-1-5); (2) a Class B felony if the person in possession of themethamphetamine possesses less than three (3) grams of pureor adulterated methamphetamine: (A) on a school bus; or(B) in, on, or within one thousand (1,000) feet of: (i) school property;(ii) a public park;(iii) a family housing complex; or(iv) a youth program center; and (3) a Class A felony if the person possesses themethamphetamine in an amount (pure or adulterated) weighingat least three (3) grams: (A) on a school bus; or(B) in, on, or within one thousand (1,000) feet of: (i) school property;(ii) a public park;(iii) a family housing complex; or(iv) a youth program center.
As added by P.L.151-2006, SEC.25. IC 35-48-4-7
Possession of a controlled substance; obtaining a schedule V
controlled substance
Sec. 7. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professionalpractice, knowingly or intentionally possesses a controlled substance(pure or adulterated) classified in schedule I, II, III, or IV, exceptmarijuana, hashish, salvia, or a synthetic cannabinoid, commitspossession of a controlled substance, a Class D felony. However, theoffense is a Class C felony if the person in possession of thecontrolled substance possesses the controlled substance: (1) on a school bus; or(2) in, on, or within one thousand (1,000) feet of: (A) school property;(B) a public park;(C) a family housing complex; or(D) a youth program center.
(b) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally obtains: (1) more than four (4) ounces of schedule V controlledsubstances containing codeine in any given forty-eight (48)hour period unless pursuant to a prescription;(2) a schedule V controlled substance pursuant to written orverbal misrepresentation; or(3) possession of a schedule V controlled substance other thanby means of a prescription or by means of signing an exemptnarcotic register maintained by a pharmacy licensed by theIndiana state board of pharmacy; commits a Class D felony.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.102; P.L.138-1983, SEC.4; P.L.327-1985, SEC.4;P.L.296-1987, SEC.10; P.L.296-1995, SEC.8; P.L.65-1996, SEC.16;P.L.17-2001, SEC.25; P.L.138-2011, SEC.14; P.L.182-2011,SEC.14. (Repealed by Acts 1980, P.L.115, SEC.5.) IC 35-48-4-8.1
Manufacture of paraphernalia
Sec. 8.1. (a) A person who manufactures, finances the manufacture of, or designs an instrument, a device, or other objectthat is intended to be used primarily for: (1) introducing into the human body a controlled substance;(2) testing the strength, effectiveness, or purity of a controlledsubstance; or(3) enhancing the effect of a controlled substance; in violation of this chapter commits a Class A infraction formanufacturing paraphernalia.
(b) A person who: (1) knowingly or intentionally violates this section; and(2) has a previous judgment for violation of this section; commits manufacture of paraphernalia, a Class D felony.
As added by Acts 1980, P.L.115, SEC.2. Amended by P.L.202-1989,SEC.3; P.L.165-1990, SEC.10. (Repealed by P.L.1-1991, SEC.205.) IC 35-48-4-8.3
Possession of paraphernalia
Sec. 8.3. (a) A person who possesses a raw material, an instrument, a device, or other object that the person intends to usefor: (1) introducing into the person's body a controlled substance;(2) testing the strength, effectiveness, or purity of a controlled substance; or(3) enhancing the effect of a controlled substance; in violation of this chapter commits a Class A infraction forpossessing paraphernalia.
(b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a ClassD felony if the person has a prior unrelated judgment or convictionunder this section.
(c) A person who recklessly possesses a raw material, an instrument, a device, or other object that is to be used primarily for: (1) introducing into the person's body a controlled substance;(2) testing the strength, effectiveness, or purity of a controlledsubstance; or(3) enhancing the effect of a controlled substance; in violation of this chapter commits reckless possession ofparaphernalia, a Class B misdemeanor. However, the offense is aClass D felony if the person has a previous judgment or convictionunder this section.
As added by Acts 1980, P.L.115, SEC.4. Amended by P.L.202-1989,SEC.5; P.L.166-1990, SEC.2; P.L.58-2003, SEC.1. IC 35-48-4-8.5
Dealing in paraphernalia
Sec. 8.5. (a) A person who keeps for sale, offers for sale, delivers, or finances the delivery of a raw material, an instrument, a device, orother object that is intended to be or that is designed or marketed tobe used primarily for: (1) ingesting, inhaling, or otherwise introducing into the humanbody marijuana, hash oil, hashish, salvia, a synthetic drug, or acontrolled substance;(2) testing the strength, effectiveness, or purity of marijuana,hash oil, hashish, salvia, a synthetic drug, or a controlledsubstance;(3) enhancing the effect of a controlled substance;(4) manufacturing, compounding, converting, producing,processing, or preparing marijuana, hash oil, hashish, salvia, asynthetic drug, or a controlled substance;(5) diluting or adulterating marijuana, hash oil, hashish, salvia,a synthetic drug, or a controlled substance by individuals; or(6) any purpose announced or described by the seller that is inviolation of this chapter; commits a Class A infraction for dealing in paraphernalia.
(b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a ClassD felony if the person has a prior unrelated judgment or convictionunder this section.
(c) A person who recklessly keeps for sale, offers for sale, or delivers an instrument, a device, or other object that is to be usedprimarily for: (1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, salvia, a synthetic drug, or acontrolled substance;(2) testing the strength, effectiveness, or purity of marijuana,hash oil, hashish, salvia, a synthetic drug, or a controlledsubstance;(3) enhancing the effect of a controlled substance;(4) manufacturing, compounding, converting, producing,processing, or preparing marijuana, hash oil, hashish, salvia, asynthetic drug, or a controlled substance;(5) diluting or adulterating marijuana, hash oil, hashish, salvia,a synthetic drug, or a controlled substance by individuals; or(6) any purpose announced or described by the seller that is inviolation of this chapter; commits reckless dealing in paraphernalia, a Class B misdemeanor.
However, the offense is a Class D felony if the person has a previousjudgment or conviction under this section.
(d) This section does not apply to the following: (1) Items marketed for use in the preparation, compounding,packaging, labeling, or other use of marijuana, hash oil, hashish,salvia, a synthetic drug, or a controlled substance as an incidentto lawful research, teaching, or chemical analysis and not forsale.
(2) Items marketed for or historically and customarily used inconnection with the planting, propagating, cultivating, growing,harvesting, manufacturing, compounding, converting,producing, processing, preparing, testing, analyzing, packaging,repackaging, storing, containing, concealing, injecting,ingesting, or inhaling of tobacco or any other lawful substance.
As added by P.L.1-1991, SEC.206. Amended by P.L.58-2003, SEC.2;P.L.138-2011, SEC.15; P.L.182-2011, SEC.15; P.L.78-2012,SEC.13. (Repealed by Acts 1980, P.L.115, SEC.5.) IC 35-48-4-10
Dealing in marijuana, hash oil, hashish, salvia, or a synthetic drug
Sec. 10. (a) A person who: (1) knowingly or intentionally: (A) manufactures;(B) finances the manufacture of;(C) delivers; or(D) finances the delivery of; marijuana, hash oil, hashish, salvia, or a synthetic drug, pure oradulterated; or(2) possesses, with intent to: (A) manufacture;(B) finance the manufacture of;(C) deliver; or (D) finance the delivery of; marijuana, hash oil, hashish, salvia, or a synthetic drug, pure oradulterated; commits dealing in marijuana, hash oil, hashish, salvia, or a syntheticdrug, a Class A misdemeanor, except as provided in subsection (b).
(b) The offense is: (1) a Class D felony if: (A) the recipient or intended recipient is under eighteen (18)years of age;(B) the amount involved is: (i) more than thirty (30) grams but less than ten (10)pounds of marijuana or more than two (2) grams but lessthan three hundred (300) grams of hash oil, hashish, orsalvia; or(ii) more than two (2) grams of a synthetic drug; or (C) the person has a prior conviction of an offense involvingmarijuana, hash oil, hashish, salvia, or a synthetic drug; and (2) a Class C felony if: (A) the amount involved is ten (10) pounds or more ofmarijuana or three hundred (300) or more grams of hash oil,hashish, or salvia, or the person delivered or financed thedelivery of marijuana, hash oil, hashish, or salvia: (i) on a school bus; or(ii) in, on, or within one thousand (1,000) feet of, schoolproperty, a public park, a family housing complex, or ayouth program center; or (B) the amount involved is more than two (2) grams of asynthetic drug and the person delivered or financed thedelivery of the synthetic drug: (i) on a school bus; or(ii) in, on, or within one thousand (1,000) feet of schoolproperty, a public park, a family housing complex, or ayouth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.105; Acts 1979, P.L.303, SEC.11; Acts 1982, P.L.204,SEC.38; P.L.296-1987, SEC.11; P.L.165-1990, SEC.12;P.L.296-1995, SEC.9; P.L.65-1996, SEC.17; P.L.17-2001, SEC.26;P.L.138-2011, SEC.16; P.L.182-2011, SEC.16; P.L.78-2012,SEC.14. IC 35-48-4-11 Version a
Possession of marijuana, hash oil, hashish, salvia, or a synthetic
cannabinoid
Note: This version of section effective until 3-15-2012. See also following version of this section, effective 3-15-2012. Sec. 11. A person who: (1) knowingly or intentionally possesses (pure or adulterated)marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid;(2) knowingly or intentionally grows or cultivates marijuana; or(3) knowing that marijuana is growing on the person's premises, fails to destroy the marijuana plants; commits possession of marijuana, hash oil, hashish, salvia, or asynthetic cannabinoid, a Class A misdemeanor. However, the offenseis a Class D felony if the amount involved is more than thirty (30)grams of marijuana or two (2) grams of hash oil, hashish, salvia, ora synthetic cannabinoid, or if the person has a prior conviction of anoffense involving marijuana, hash oil, or hashish, salvia, or asynthetic cannabinoid.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.106; Acts 1979, P.L.303, SEC.12; P.L.138-1983,SEC.5; P.L.138-2011, SEC.17; P.L.182-2011, SEC.17; P.L.6-2012,SEC.234. IC 35-48-4-11 Version b
Possession of marijuana, hash oil, hashish, salvia, or a synthetic
drug
Note: This version of section effective 3-15-2012. See also preceding version of this section, effective until 3-15-2012. Sec. 11. A person who: (1) knowingly or intentionally possesses (pure or adulterated)marijuana, hash oil, hashish, salvia, or a synthetic drug;(2) knowingly or intentionally grows or cultivates marijuana; or(3) knowing that marijuana is growing on the person's premises,fails to destroy the marijuana plants; commits possession of marijuana, hash oil, hashish, salvia, or asynthetic drug, a Class A misdemeanor. However, the offense is aClass D felony if the amount involved is more than thirty (30) gramsof marijuana or two (2) grams of hash oil, hashish, salvia, or asynthetic drug, or if the person has a prior conviction of an offenseinvolving marijuana, hash oil, or hashish, salvia, or a synthetic drug.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.106; Acts 1979, P.L.303, SEC.12; P.L.138-1983,SEC.5; P.L.138-2011, SEC.17; P.L.182-2011, SEC.17; P.L.6-2012,SEC.234; P.L.78-2012, SEC.15. IC 35-48-4-12
Conditional discharge for possession as first offense
Sec. 12. If a person who has no prior conviction of an offense under this article or under a law of another jurisdiction relating tocontrolled substances pleads guilty to possession of marijuana,hashish, salvia, or a synthetic drug as a Class A misdemeanor, thecourt, without entering a judgment of conviction and with theconsent of the person, may defer further proceedings and place theperson in the custody of the court under such conditions as the courtdetermines. Upon violation of a condition of the custody, the courtmay enter a judgment of conviction. However, if the person fulfillsthe conditions of the custody, the court shall dismiss the chargesagainst the person. There may be only one (1) dismissal under thissection with respect to a person.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.107; P.L.138-2011, SEC.18; P.L.182-2011, SEC.18;P.L.78-2012, SEC.16. IC 35-48-4-13
Visiting or maintaining a common nuisance
Sec. 13. (a) A person who knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any personto unlawfully use a controlled substance commits visiting a commonnuisance, a Class B misdemeanor.
(b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used one (1) or more times: (1) by persons to unlawfully use controlled substances; or(2) for unlawfully: (A) manufacturing;(B) keeping;(C) offering for sale;(D) selling;(E) delivering; or(F) financing the delivery of; controlled substances, or items of drug paraphernalia asdescribed in IC 35-48-4-8.5; commits maintaining a common nuisance, a Class D felony.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.108; P.L.210-1986, SEC.4; P.L.165-1990, SEC.13;P.L.1-1991, SEC.207; P.L.31-1998, SEC.11; P.L.17-2001, SEC.27. IC 35-48-4-13.3
Taking juvenile or endangered adult to location used for drug sale,
manufacture, or possession
Sec. 13.3. A person who recklessly, knowingly, or intentionally takes a person less than eighteen (18) years of age or an endangeredadult (as defined in IC 12-10-3-2) into a building, structure, vehicle,or other place that is being used by any person to: (1) unlawfully possess drugs or controlled substances; or(2) unlawfully: (A) manufacture;(B) keep;(C) offer for sale;(D) sell;(E) deliver; or(F) finance the delivery of; drugs or controlled substances; commits a Class A misdemeanor. However, the offense is a Class Dfelony if the person has a prior unrelated conviction under thissection.
As added by P.L.225-2003, SEC.4. IC 35-48-4-14
Offenses relating to registration labeling and prescription forms
Sec. 14. (a) A person who: (1) is subject to IC 35-48-3 and who recklessly, knowingly, orintentionally distributes or dispenses a controlled substance inviolation of IC 35-48-3;(2) is a registrant and who recklessly, knowingly, orintentionally: (A) manufactures; or(B) finances the manufacture of; a controlled substance not authorized by his registration ordistributes or dispenses a controlled substance not authorized byhis registration to another registrant or other authorized person;(3) recklessly, knowingly, or intentionally fails to make, keep,or furnish a record, a notification, an order form, a statement, aninvoice, or information required under this article; or(4) recklessly, knowingly, or intentionally refuses entry into anypremises for an inspection authorized by this article; commits a Class D felony.
(b) A person who knowingly or intentionally: (1) distributes as a registrant a controlled substance classifiedin schedule I or II, except under an order form as required byIC 35-48-3;(2) uses in the course of the: (A) manufacture of;(B) the financing of the manufacture of; or(C) distribution of; a controlled substance a federal or state registration number thatis fictitious, revoked, suspended, or issued to another person;(3) furnishes false or fraudulent material information in, oromits any material information from, an application, report, orother document required to be kept or filed under this article; or(4) makes, distributes, or possesses a punch, die, plate, stone, orother thing designed to print, imprint, or reproduce thetrademark, trade name, or other identifying mark, imprint, ordevice of another or a likeness of any of the foregoing on a drugor container or labeling thereof so as to render the drug acounterfeit substance; commits a Class D felony.
(c) A person who knowingly or intentionally acquires possession of a controlled substance by misrepresentation, fraud, forgery,deception, subterfuge, alteration of a prescription order, concealmentof a material fact, or use of a false name or false address commits aClass D felony. However, the offense is a Class C felony if theperson has a prior conviction of an offense under this subsection.
(d) A person who knowingly or intentionally affixes any false or forged label to a package or receptacle containing a controlledsubstance commits a Class D felony. However, the offense is a ClassC felony if the person has a prior conviction of an offense under thissubsection. This subsection does not apply to law enforcementagencies or their representatives while engaged in enforcingIC 16-42-19 or this chapter (or IC 16-6-8 before its repeal).
(e) A person who duplicates, reproduces, or prints any prescription pads or forms without the prior written consent of apractitioner commits a Class D felony. However, the offense is aClass C felony if the person has a prior conviction of an offenseunder this subsection. This subsection does not apply to the printingof prescription pads or forms upon a written, signed order placed bya practitioner or pharmacist, by legitimate printing companies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,P.L.340, SEC.109; P.L.131-1986, SEC.3; P.L.165-1990, SEC.14;P.L.2-1993, SEC.193. IC 35-48-4-14.5
Possession or sale of drug precursors
Sec. 14.5. (a) As used in this section, "chemical reagents or precursors" refers to one (1) or more of the following: (1) Ephedrine.
(2) Pseudoephedrine.
(3) Phenylpropanolamine.
(4) The salts, isomers, and salts of isomers of a substanceidentified in subdivisions (1) through (3).
(5) Anhydrous ammonia or ammonia solution (as defined inIC 22-11-20-1).
(6) Organic solvents.
(7) Hydrochloric acid.
(8) Lithium metal.
(9) Sodium metal.
(10) Ether.
(11) Sulfuric acid.
(12) Red phosphorous.
(13) Iodine.
(14) Sodium hydroxide (lye).
(15) Potassium dichromate.
(16) Sodium dichromate.
(17) Potassium permanganate.
(18) Chromium trioxide.
(19) Benzyl cyanide.
(20) Phenylacetic acid and its esters or salts.
(21) Piperidine and its salts.
(22) Methylamine and its salts.
(23) Isosafrole.
(24) Safrole.
(25) Piperonal.
(26) Hydriodic acid.
(27) Benzaldehyde.
(28) Nitroethane.
(29) Gamma-butyrolactone.
(30) White phosphorus.
(31) Hypophosphorous acid and its salts.
(32) Acetic anhydride.
(33) Benzyl chloride.
(34) Ammonium nitrate.
(35) Ammonium sulfate.
(36) Hydrogen peroxide.
(37) Thionyl chloride.
(38) Ethyl acetate.
(39) Pseudoephedrine hydrochloride.
(b) A person who possesses more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure oradulterated, commits a Class D felony. However, the offense is aClass C felony if the person possessed: (1) a firearm while possessing more than ten (10) grams ofephedrine, pseudoephedrine, or phenylpropanolamine, pure oradulterated; or(2) more than ten (10) grams of ephedrine, pseudoephedrine, orphenylpropanolamine, pure or adulterated, in, on, or within onethousand (1,000) feet of: (A) school property;(B) a public park;(C) a family housing complex; or(D) a youth program center.
(c) A person who possesses anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with the intent to manufacturemethamphetamine or amphetamine, schedule II controlled substancesunder IC 35-48-2-6, commits a Class D felony. However, the offenseis a Class C felony if the person possessed: (1) a firearm while possessing anhydrous ammonia or ammoniasolution (as defined in IC 22-11-20-1) with intent tomanufacture methamphetamine or amphetamine, schedule IIcontrolled substances under IC 35-48-2-6; or(2) anhydrous ammonia or ammonia solution (as defined inIC 22-11-20-1) with intent to manufacture methamphetamine oramphetamine, schedule II controlled substances underIC 35-48-2-6, in, on, or within one thousand (1,000) feet of: (A) school property;(B) a public park;(C) a family housing complex; or(D) a youth program center.
(d) Subsection (b) does not apply to a: (1) licensed health care provider, pharmacist, retail distributor,wholesaler, manufacturer, warehouseman, or common carrieror an agent of any of these persons if the possession is in theregular course of lawful business activities; or(2) person who possesses more than ten (10) grams of asubstance described in subsection (b) if the substance ispossessed under circumstances consistent with typicalmedicinal or household use, including: (A) the location in which the substance is stored;(B) the possession of the substance in a variety of: (i) strengths;(ii) brands; or(iii) types; or (C) the possession of the substance: (i) with different expiration dates; or(ii) in forms used for different purposes.
(e) A person who possesses two (2) or more chemical reagents or precursors with the intent to manufacture a controlled substancecommits a Class D felony.
(f) An offense under subsection (e) is a Class C felony if the person possessed: (1) a firearm while possessing two (2) or more chemicalreagents or precursors with intent to manufacture a controlledsubstance; or(2) two (2) or more chemical reagents or precursors with intentto manufacture a controlled substance in, on, or within onethousand (1,000) feet of: (A) school property;(B) a public park;(C) a family housing complex; or(D) a youth program center.
(g) A person who sells, transfers, distributes, or furnishes a chemical reagent or precursor to another person with knowledge orthe intent that the recipient will use the chemical reagent orprecursors to manufacture a controlled substance commits unlawfulsale of a precursor, a Class D felony.
As added by P.L.150-1999, SEC.2. Amended by P.L.17-2001,SEC.28; P.L.225-2003, SEC.5; P.L.192-2005, SEC.8; P.L.151-2006,SEC.26. IC 35-48-4-14.7
Sale and storage of ephedrine or pseudoephedrine; identification;
record keeping; electronic transmission to NPLEx; warning signs;
convenience packages; suspicious orders and thefts; liability
Sec. 14.7. (a) This section does not apply to the following: (1) Ephedrine or pseudoephedrine dispensed pursuant to aprescription.
(2) The sale of a drug containing ephedrine or pseudoephedrineto a licensed health care provider, pharmacist, retail distributor,wholesaler, manufacturer, or an agent of any of these personsif the sale occurs in the regular course of lawful businessactivities. However, a retail distributor, wholesaler, ormanufacturer is required to report a suspicious order to the statepolice department in accordance with subsection (f).
(3) The sale of a drug containing ephedrine or pseudoephedrineby a person who does not sell exclusively to walk-in customersfor the personal use of the walk-in customers. However, if theperson described in this subdivision is a retail distributor,wholesaler, or manufacturer, the person is required to report asuspicious order to the state police department in accordancewith subsection (f).
(b) The following definitions apply throughout this section: (1) "Constant video monitoring" means the surveillance by an automated camera that: (A) records at least one (1) photograph or digital imageevery ten (10) seconds;(B) retains a photograph or digital image for at leastseventy-two (72) hours;(C) has sufficient resolution and magnification to permit theidentification of a person in the area under surveillance; and(D) stores a recorded photograph or digital image at alocation that is immediately accessible to a law enforcementofficer.
(2) "Convenience package" means a package that contains adrug having as an active ingredient not more than sixty (60)milligrams of ephedrine or pseudoephedrine, or both.
(3) "Ephedrine" means pure or adulterated ephedrine.
(4) pseudoephedrine.
(5) "Retailer" means a grocery store, general merchandise store,drug store, or other similar establishment where ephedrine orpseudoephedrine products are available for sale.
(6) "Suspicious order" means a sale or transfer of a drugcontaining ephedrine or pseudoephedrine if the sale or transfer: (A) is a sale or transfer that the retail distributor, wholesaler,or manufacturer is required to report to the United StatesDrug Enforcement Administration;(B) appears suspicious to the retail distributor, wholesaler,or manufacturer in light of the recommendations containedin Appendix A of the report to the United States attorneygeneral by the suspicious orders task force under the federalComprehensive Methamphetamine Control Act of 1996; or(C) is for cash or a money order in a total amount of at leasttwo hundred dollars ($200).
(7) "Unusual theft" means the theft or unexplaineddisappearance from a particular retail store of drugs containingten (10) grams or more of ephedrine, pseudoephedrine, or bothin a twenty-four (24) hour period.
(c) This subsection does not apply to a convenience package. A retailer may sell a drug that contains the active ingredient ofephedrine, pseudoephedrine, or both only if the retailer complieswith the following conditions: (1) The retailer does not sell the drug to a person less thaneighteen (18) years of age.
(2) The retailer does not sell drugs containing more than threeand six-tenths (3.6) grams of ephedrine or pseudoephedrine, orboth, to one (1) individual on one (1) day, or seven andtwo-tenths (7.2) grams of ephedrine or pseudoephedrine, orboth, to one (1) individual in a thirty (30) day period.
(3) The retailer requires: (A) the purchaser to produce a valid government issuedphoto identification card showing the date of birth of theperson; (B) the purchaser to sign a written or electronic log attestingto the validity of the information; and(C) the clerk who is conducting the transaction to initial orelectronically record the clerk's identification on the log.
Records from the completion of a log must be retained for atleast two (2) years. A law enforcement officer has the right toinspect and copy a log or the records from the completion of alog in accordance with state and federal law. A retailer may notsell or release a log or the records from the completion of a logfor a commercial purpose. The Indiana criminal justice institutemay obtain information concerning a log or the records from thecompletion of a log from a law enforcement officer if theinformation may not be used to identify a specific individualand is used only for statistical purposes. A retailer who in goodfaith releases information maintained under this subsection isimmune from civil liability unless the release constitutes grossnegligence or intentional, wanton, or willful misconduct.
(4) The retailer maintains a record of information for each saleof a nonprescription product containing pseudoephedrine orephedrine. Required information includes: (A) the name and address of each purchaser;(B) the type of identification presented;(C) the governmental entity that issued the identification;(D) the identification number; and(E) the ephedrine or pseudoephedrine product purchased,including the number of grams the product contains and thedate and time of the transaction.
(5) Beginning January 1, 2012, a retailer shall, except asprovided in subdivision (6), before completing a sale of anover-the-counter product containing pseudoephedrine orephedrine, electronically submit the required information to theNational Precursor Log Exchange (NPLEx) administered by theNational Association of Drug Diversion Investigators (NADDI),if the NPLEx system is available to retailers in the state withouta charge for accessing the system. The retailer may notcomplete the sale if the system generates a stop sale alert.
(6) If a retailer selling an over-the-counter product containingephedrine or pseudoephedrine experiences mechanical orelectronic failure of the electronic sales tracking system and isunable to comply with the electronic sales tracking requirement,the retailer shall maintain a written log or an alternativeelectronic recordkeeping mechanism until the retailer is able tocomply with the electronic sales tracking requirement.
(7) The retailer stores the drug behind a counter in an areainaccessible to a customer or in a locked display case thatmakes the drug unavailable to a customer without the assistanceof an employee.
(8) The retailer posts a sign warning that: (A) it is a criminal offense for a person to purchase drugscontaining more than seven and two-tenths (7.2) grams of ephedrine or pseudoephedrine, or both, in a thirty (30) dayperiod;(B) it is a criminal offense for a person to purchase drugscontaining more than three and six-tenths (3.6) grams ofephedrine or pseudoephedrine, or both, on one (1) day; and(C) depending on the amount of ephedrine orpseudoephedrine contained in the drug, purchasing morethan one (1) package of drugs containing ephedrine orpseudoephedrine on one (1) day may be a crime.
The warning sign must list maximum amounts of ephedrine orpseudoephedrine that may be purchased in both grams andmilligrams.
(d) A person may not purchase drugs containing more than three and six-tenths (3.6) grams of ephedrine or pseudoephedrine, or both,on one (1) day, or more than seven and two-tenths (7.2) grams ofephedrine or pseudoephedrine, or both, in a thirty (30) day period.
These limits apply to the total amount of base ephedrine andpseudoephedrine contained in the products and not to the overallweight of the products.
(e) This subsection only applies to convenience packages. A retailer may not sell drugs containing more than sixty (60) milligramsof ephedrine or pseudoephedrine, or both in any one (1) transactionif the drugs are sold in convenience packages. A retailer who sellsconvenience packages must secure the convenience packages behindthe counter in an area inaccessible to a customer or in a lockeddisplay case that makes the drug unavailable to a customer withoutthe assistance of an employee.
(f) A retail distributor, wholesaler, or manufacturer shall report a suspicious order to the state police department in writing.
(g) Not later than three (3) days after the discovery of an unusual theft at a particular retail store, the retailer shall report the unusualtheft to the state police department in writing. If three (3) unusualthefts occur in a thirty (30) day period at a particular retail store, theretailer shall, for at least one hundred eighty (180) days after the dateof the last unusual theft, locate all drugs containing ephedrine orpseudoephedrine at that particular retail store behind a counter in anarea inaccessible to a customer or in a locked display case that makesthe drug unavailable to customers without the assistance of anemployee.
(h) A unit (as defined in IC 36-1-2-23) may not adopt an ordinance after February 1, 2005, that is more stringent than thissection.
(i) A person who knowingly or intentionally violates this section commits a Class C misdemeanor. However, the offense is a Class Amisdemeanor if the person has a prior unrelated conviction under thissection.
(j) A retailer who uses the electronic sales tracking system in accordance with this section is immune from civil liability for any actor omission committed in carrying out the duties required by thissection, unless the act or omission was due to negligence, recklessness, or deliberate or wanton misconduct. A retailer isimmune from liability to a third party unless the retailer has violateda provision of this section and the third party brings an action basedon the retailer's violation of this section.
(k) The following requirements apply to the NPLEx: (1) Information contained in the NPLEx may be shared onlywith law enforcement officials.
(2) A law enforcement official may access Indiana transactioninformation maintained in the NPLEx for investigativepurposes.
(3) NADDI may not modify sales transaction data that is sharedwith law enforcement officials.
(4) At least one (1) time per week, NADDI shall forwardIndiana data contained in the NPLEx, including data concerninga transaction that could not be completed due to the issuance ofa stop sale alert, to the state police department.
As added by P.L.192-2005, SEC.9. Amended by P.L.151-2006,SEC.27; P.L.186-2007, SEC.9; P.L.97-2010, SEC.1; P.L.221-2011,SEC.1. IC 35-48-4-15
Driver's license and motor vehicle registration; suspension
Sec. 15. (a) If a person is convicted of an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, or conspiracy to commit anoffense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, andthe court finds that a motor vehicle was used in the commission ofthe offense, the court shall, in addition to any other order the courtenters, order that the person's: (1) driver's license be suspended;(2) existing motor vehicle registrations be suspended; and(3) ability to register motor vehicles be suspended; by the bureau of motor vehicles for a period specified by the court ofat least six (6) months but not more than two (2) years.
(b) If a person is convicted of an offense described in subsection (a) and the person does not hold a driver's license or a learner'spermit, the court shall order that the person may not receive a driver'slicense or a learner's permit from the bureau of motor vehicles for aperiod of not less than six (6) months.
As added by P.L.67-1990, SEC.13. Amended by P.L.107-1991,SEC.3; P.L.129-1993, SEC.2; P.L.64-1994, SEC.6; P.L.76-2004,SEC.23; P.L.125-2012, SEC.415. IC 35-48-4-16
Defenses to charge of selling narcotics near school or family
housing
Sec. 16. (a) For an offense under this chapter that requires proof (1) delivery of cocaine, a narcotic drug, methamphetamine, ora controlled substance;(2) financing the delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance; or(3) possession of cocaine, narcotic drug, methamphetamine, orcontrolled substance; within one thousand (1,000) feet of school property, a public park,a family housing complex, or a youth program center, the personcharged may assert the defense in subsection (b) or (c).
(b) It is a defense for a person charged under this chapter with an offense that contains an element listed in subsection (a) that: (1) a person was briefly in, on, or within one thousand (1,000)feet of school property, a public park, a family housingcomplex, or a youth program center; and(2) no person under eighteen (18) years of age at least three (3)years junior to the person was in, on, or within one thousand(1,000) feet of the school property, public park, family housingcomplex, or youth program center at the time of the offense.
(c) It is a defense for a person charged under this chapter with an offense that contains an element listed in subsection (a) that a personwas in, on, or within one thousand (1,000) feet of school property, apublic park, a family housing complex, or a youth program center atthe request or suggestion of a law enforcement officer or an agent ofa law enforcement officer.
(d) The defense under this section applies only to the element of the offense that requires proof that the delivery, financing of thedelivery, or possession of cocaine, a narcotic drug,methamphetamine, or a controlled substance occurred in, on, orwithin one thousand (1,000) feet of school property, a public park,a family housing complex, or a youth program center.
As added by P.L.17-2001, SEC.29. IC 35-48-4-17
Restitution for environmental cleanup
Sec. 17. (a) In addition to any other penalty imposed for conviction of an offense under this chapter involving themanufacture or intent to manufacture methamphetamine, a courtshall order restitution under IC 35-50-5-3 to cover the costs, ifnecessary, of an environmental cleanup incurred by a lawenforcement agency or other person as a result of the offense.
(b) The amount collected under subsection (a) shall be used to reimburse the law enforcement agency that assumed the costsassociated with the environmental cleanup described in subsection(a).
As added by P.L.225-2003, SEC.6. (Repealed by P.L.202-1989, SEC.6.) (Repealed by P.L.2-1995, SEC.140.) IC 35-48-7
Chapter 7. Central Repository for Controlled Substances Data
(Repealed by P.L.84-2010, SEC.102.) (Repealed by P.L.65-2006, SEC.18.) Sec. 2.9. (a) As used in this chapter, "dispense" has the meaning set forth in IC 35-48-1-12.
(b) The term does not apply to the following: (1) A drug administered directly to a patient.
(2) A drug dispensed by a practitioner, if the quantity dispensedis not more than a seventy-two (72) hour supply of a controlledsubstance listed in schedule II, III, IV, or V as set forth inIC 35-48-3-9.
As added by P.L.105-2008, SEC.65. (Repealed by P.L.105-2008, SEC.66.) Sec. 4. As used in this chapter, "exception report" means a record of data concerning: (1) a practitioner practicing a particular specialty or field ofhealth care;(2) a dispenser doing business in a particular location; or(3) a recipient; that indicates dispensing or receiving of controlled substancesoutside norms for dispensing or receiving controlled substancesestablished by the board under this chapter.
As added by P.L.163-1994, SEC.5. Amended by P.L.42-2011,SEC.75. IC 35-48-7-5
"Identification number" defined
Sec. 5. As used in this chapter, "identification number" refers to (1) The unique number contained on any of the following: (A) A valid driver's license of a recipient or a recipient'srepresentative issued under Indiana law or the law of anyother state.
(B) A recipient's or a recipient representative's valid military identification card.
(C) A valid identification card of a recipient or a recipient'srepresentative issued by: (i) the bureau of motor vehicles as described inIC 9-24-16-3; or(ii) any other state and that is similar to the identificationcard issued by the bureau of motor vehicles.
(D) If the recipient is an animal: (i) the valid driver's license issued under Indiana law orthe law of any other state;(ii) the valid military identification card; or(iii) the valid identification card issued by the bureau ofmotor vehicles and described in IC 9-24-16-3 or a valididentification card of similar description that is issued byany other state; of the animal's owner.
(2) The identification number or phrase designated by thecentral repository.
As added by P.L.163-1994, SEC.5. Amended by P.L.204-2005,SEC.22. Sec. 5.2. As used in this chapter, "INSPECT" means the Indiana scheduled prescription electronic collection and tracking programestablished by IC 25-1-13-4.
As added by P.L.65-2006, SEC.3. Sec. 5.4. As used in this chapter, "interoperability" refers to the INSPECT program electronically sharing reported information withanother state concerning the dispensing of a controlled substance: (1) to a recipient who resides in the other state; or(2) prescribed by a practitioner whose principal place ofbusiness is located in another state.
As added by P.L.65-2006, SEC.4. Sec. 5.6. As used in this chapter, "patient" means an individual who has requested or received health care services from a providerfor the examination, treatment, diagnosis, or prevention of a physicalor mental condition.
As added by P.L.65-2006, SEC.5. Sec. 5.8. As used in this chapter, "practitioner" means a physician, dentist, veterinarian, podiatrist, nurse practitioner, scientific investigator, pharmacist, hospital, or other institution or individuallicensed, registered, or otherwise permitted to distribute, dispense,conduct research with respect to, or administer a controlledsubstance in the course of professional practice or research in theUnited States.
As added by P.L.65-2006, SEC.6. Sec. 6. As used in this chapter, "recipient" means an individual for whom a controlled substance is dispensed.
As added by P.L.163-1994, SEC.5. IC 35-48-7-7
"Recipient representative" defined
Sec. 7. As used in this chapter, "recipient representative" means the individual to whom a controlled substance is dispensed if therecipient is either less than eighteen (18) years of age or unavailableto receive the controlled substance.
As added by P.L.163-1994, SEC.5. Sec. 7.5. As used in this chapter, "state" means any state of the United States or the District of Columbia.
As added by P.L.65-2006, SEC.7. (Repealed by P.L.3-2008, SEC.269.) IC 35-48-7-8.1
Controlled substance prescription monitoring program;
information; prescription forms; identification
Sec. 8.1. (a) The board shall provide for a controlled substance prescription monitoring program that includes the followingcomponents: (1) Each time a controlled substance designated by the boardunder IC 35-48-2-5 through IC 35-48-2-10 is dispensed, thedispenser shall transmit to the INSPECT program the followinginformation: (A) The controlled substance recipient's name.
(B) The controlled substance recipient's or the recipientrepresentative's identification number or the identificationnumber or phrase designated by the INSPECT program.
(C) The controlled substance recipient's date of birth.
(D) The national drug code number of the controlledsubstance dispensed.
(E) The date the controlled substance is dispensed.
(F) The quantity of the controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agencyregistration number.
(I) The prescriber's United States Drug Enforcement Agencyregistration number.
(J) An indication as to whether the prescription wastransmitted to the pharmacist orally or in writing.
(K) Other data required by the board.
(2) The information required to be transmitted under thissection must be transmitted not more than seven (7) days afterthe date on which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required underthis section by: (A) uploading to the INSPECT web site;(B) a computer diskette; or(C) a CD-ROM disk; that meets specifications prescribed by the board.
(4) The board may require that prescriptions for controlledsubstances be written on a one (1) part form that cannot beduplicated. However, the board may not apply such arequirement to prescriptions filled at a pharmacy with aCategory II permit (as described in IC 25-26-13-17) andoperated by a hospital licensed under IC 16-21, or prescriptionsordered for and dispensed to bona fide enrolled patients infacilities licensed under IC 16-28. The board may not requiremultiple copy prescription forms for any prescriptions written.
The board may not require different prescription forms for anyindividual drug or group of drugs. Prescription forms requiredunder this subdivision must be approved by the Indiana boardof pharmacy established by IC 25-26-13-3.
(5) The costs of the program.
(b) This subsection applies only to a retail pharmacy. A pharmacist, pharmacy technician, or person authorized by apharmacist to dispense a controlled substance may not dispense acontrolled substance to a person who is not personally known to thepharmacist, pharmacy technician, or person authorized by apharmacist to dispense a controlled substance unless the persontaking possession of the controlled substance provides documentedproof of the person's identification to the pharmacist, pharmacytechnician, or person authorized by a pharmacist to dispense acontrolled substance.
As added by P.L.65-2006, SEC.9. Amended by P.L.182-2009(ss),SEC.399; P.L.84-2010, SEC.97; P.L.94-2010, SEC.13; P.L.42-2011,SEC.76; P.L.152-2012, SEC.14. (Repealed by P.L.65-2006, SEC.18.) (Repealed by P.L.3-2008, SEC.269.) IC 35-48-7-10.1
INSPECT program; designation; powers and duties; funding
Sec. 10.1. (a) The INSPECT program must do the following: (1) Create a data base for information required to be transmittedunder section 8.1 of this chapter in the form required underrules adopted by the board, including search capability for thefollowing: (A) A controlled substance recipient's name.
(B) A controlled substance recipient's or recipientrepresentative's identification number.
(C) A controlled substance recipient's date of birth.
(D) The national drug code number of a controlled substancedispensed.
(E) The dates a controlled substance is dispensed.
(F) The quantities of a controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) A dispenser's United States Drug Enforcement Agencyregistration number.
(I) A prescriber's United States Drug Enforcement Agencyregistration number.
(J) Whether a prescription was transmitted to the pharmacistorally or in writing.
(K) A controlled substance recipient's method of paymentfor the controlled substance dispensed.
(2) Provide the board with continuing twenty-four (24) hour aday online access to the data base.
(3) Secure the information collected and the data basemaintained against access by unauthorized persons.
(b) The board may execute a contract with a vendor designated by the board to perform any function associated with the administrationof the INSPECT program.
(c) The INSPECT program may gather prescription data from the Medicaid retrospective drug utilization review (DUR) programestablished under IC 12-15-35.
(d) The board may accept and designate grants, public and private financial assistance, and licensure fees to provide funding for theINSPECT program.
As added by P.L.65-2006, SEC.11. Amended by P.L.84-2010,SEC.98. (Repealed by P.L.3-2008, SEC.269.) Sec. 11.1. (a) Information received by the INSPECT program under section 8.1 of this chapter is confidential.
(b) The board shall carry out a program to protect the confidentiality of the information described in subsection (a). Theboard may disclose the information to another person only undersubsection (c), (d), or (g).
(c) The board may disclose confidential information described in subsection (a) to any person who is authorized to engage inreceiving, processing, or storing the information.
(d) Except as provided in subsections (e) and (f), the board may release confidential information described in subsection (a) to thefollowing persons: (1) A member of the board or another governing body thatlicenses practitioners and is engaged in an investigation, anadjudication, or a prosecution of a violation under any state orfederal law that involves a controlled substance.
(2) An investigator for the consumer protection division of theoffice of the attorney general, a prosecuting attorney, theattorney general, a deputy attorney general, or an investigatorfrom the office of the attorney general, who is engaged in: (A) an investigation;(B) an adjudication; or(C) a prosecution; of a violation under any state or federal law that involves acontrolled substance.
(3) A law enforcement officer who is an employee of: (A) a local, state, or federal law enforcement agency; or(B) an entity that regulates controlled substances or enforcescontrolled substances rules or laws in another state; that is certified to receive information from the INSPECTprogram.
(4) A practitioner or practitioner's agent certified to receiveinformation from the INSPECT program.
(5) A controlled substance monitoring program in another statewith which Indiana has established an interoperabilityagreement.
(6) The state toxicologist.
(7) A certified representative of the Medicaid retrospective andprospective drug utilization review program.
(8) A substance abuse assistance program for a licensed healthcare provider who: (A) has prescriptive authority under IC 25; and(B) is participating in the assistance program.
(e) Information provided to an individual under: (1) subsection (d)(3) is limited to information: (A) concerning an individual or proceeding involving theunlawful diversion or misuse of a schedule II, III, IV, or Vcontrolled substance; and(B) that will assist in an investigation or proceeding; and (2) subsection (d)(4) may be released only for the purpose of: (A) providing medical or pharmaceutical treatment; or (B) evaluating the need for providing medical orpharmaceutical treatment to a patient.
(f) Before the board releases confidential information under subsection (d), the applicant must be approved by the INSPECTprogram in a manner prescribed by the board.
(g) The board may release to: (1) a member of the board or another governing body thatlicenses practitioners;(2) an investigator for the consumer protection division of theoffice of the attorney general, a prosecuting attorney, theattorney general, a deputy attorney general, or an investigatorfrom the office of the attorney general; or(3) a law enforcement officer who is: (A) authorized by the state police department to receive thetype of information released; and(B) approved by the board to receive the type of informationreleased; confidential information generated from computer records thatidentifies practitioners who are prescribing or dispensing largequantities of a controlled substance.
(h) The information described in subsection (g) may not be released until it has been reviewed by: (1) a member of the board who is licensed in the sameprofession as the prescribing or dispensing practitioneridentified by the data; or(2) the board's designee; and until that member or the designee has certified that furtherinvestigation is warranted. However, failure to comply with thissubsection does not invalidate the use of any evidence that isotherwise admissible in a proceeding described in subsection (i).
(i) An investigator or a law enforcement officer receiving confidential information under subsection (c), (d), or (g) maydisclose the information to a law enforcement officer or an attorneyfor the office of the attorney general for use as evidence in thefollowing: (1) A proceeding under IC 16-42-20.
(2) A proceeding under any state or federal law that involves acontrolled substance.
(3) A criminal proceeding or a proceeding in juvenile court thatinvolves a controlled substance.
(j) The board may compile statistical reports from the information described in subsection (a). The reports must not include informationthat identifies any practitioner, ultimate user, or other personadministering a controlled substance. Statistical reports compiledunder this subsection are public records.
(k) This section may not be construed to require a practitioner to obtain information about a patient from the data base.
(l) A practitioner is immune from civil liability for an injury, death, or loss to a person solely due to a practitioner seeking or notseeking information from the INSPECT program. The civil immunity described in this subsection does not extend to a practitioner if thepractitioner receives information directly from the INSPECTprogram and then negligently misuses this information. Thissubsection does not apply to an act or omission that is a result ofgross negligence or intentional misconduct.
(m) The board may review the records of the INSPECT program.
If the board determines that a violation of the law may haveoccurred, the board shall notify the appropriate law enforcementagency or the relevant government body responsible for thelicensure, regulation, or discipline of practitioners authorized by lawto prescribe controlled substances.
(n) A practitioner who in good faith discloses information based on a report from the INSPECT program to a law enforcement agencyis immune from criminal or civil liability. A practitioner thatdiscloses information to a law enforcement agency under thissubsection is presumed to have acted in good faith.
As added by P.L.65-2006, SEC.13. Amended by P.L.84-2010,SEC.99. IC 35-48-7-11.5
Dissemination of exception reports
Sec. 11.5. (a) Each board of a health care provider that prescribes or dispenses prescription drugs shall do the following: (1) Establish prescribing norms and dispensing guidelines forthe unsolicited dissemination of exception reports under section11.1(d) of this chapter.
(2) Provide the information determined in subdivision (1) to theboard.
(b) The exception reports that are disseminated based on the prescribing norms and dispensing guidelines established undersubsection (a) must comply with the following requirements: (1) A report of prescriptive activity of a practitioner to thepractitioner's professional licensing board designee when thepractitioner deviates from the dispensing guidelines or theprescribing norms for the prescribing of a controlled substancewithin a particular drug class.
(2) A reporting of recipient activity to the practitioners whoprescribed or dispensed the controlled substance when therecipient deviates from the dispensing guidelines of a controlledsubstance within a particular drug class.
(c) The board designee may, at the designee's discretion, forward the exception report under subsection (b)(2) to only the following forpurposes of an investigation: (1) A law enforcement agency.
(2) The attorney general.
As added by P.L.84-2010, SEC.100. (Repealed by P.L.3-2008, SEC.269.) IC 35-48-7-12.1
Rules to implement chapter
Sec. 12.1. (a) The board shall adopt rules under IC 4-22-2 to implement this chapter, including the following: (1) Information collection and retrieval procedures for theINSPECT program, including the controlled substances to beincluded in the program required under section 8.1 of thischapter.
(2) Design for the creation of the data base required undersection 10.1 of this chapter.
(3) Requirements for the development and installation of onlineelectronic access by the board to information collected by theINSPECT program.
(4) Identification of emergency situations or othercircumstances in which a practitioner may prescribe, dispense,and administer a prescription drug specified in section 8.1 ofthis chapter without a written prescription or on a form otherthan a form specified in section 8.1(a)(4) of this chapter.
(b) The board may: (1) set standards for education courses for individualsauthorized to use the INSPECT program;(2) identify treatment programs for individuals addicted tocontrolled substances monitored by the INSPECT program; and(3) work with impaired practitioner associations to provideintervention and treatment.
As added by P.L.65-2006, SEC.15. Amended by P.L.84-2010,SEC.101; P.L.42-2011, SEC.77. (Repealed by P.L.3-2008, SEC.269.) IC 35-48-7-13.1
Controlled substances data fund; establishment
Sec. 13.1. (a) This section applies after June 30, 2007.
(b) The controlled substances data fund is established to fund the operation of the INSPECT program. The fund shall be administeredby the Indiana professional licensing agency.
(c) Expenses of administering the fund shall be paid from money in the fund. The fund consists of grants, public and private financialassistance, and sixteen percent (16%) of the controlled substancesregistration fees imposed under rules adopted under IC 35-48-3-1.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the samemanner as other public money may be invested.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.65-2006, SEC.17. IC 35-48-7-14
Violations of chapter; misdemeanor offense
Sec. 14. A person who knowingly or intentionally violates this chapter commits a Class A misdemeanor.
As added by P.L.163-1994, SEC.5. (Repealed by P.L.214-2001, SEC.1.)

Source: http://www.iaaonline.net/documents/IC%2035-48-1_ControlledSubstances.pdf