CHAPTER 4. OFFENSES RELATING TO CONTROLLED SUBSTANCES
IC 35-48-4
Chapter 4. Offenses Relating to Controlled Substances
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 the
analog 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 in
schedule 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 in
schedule 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 or
more;
(2) the person:
(A) delivered; or
(B) financed the delivery of;
the drug to a person under eighteen (18) years of age at least
three (3) years junior to the person; or
(3) the person manufactured, delivered, or financed the delivery
of 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 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 or
more;
(2) the person:
(A) delivered; or
(B) financed the delivery of;
the drug to a person under eighteen (18) years of age at least
three (3) years junior to the person; or
(3) the person manufactured, delivered, or financed the delivery
of 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 in
schedule I, II, or III, except marijuana, hash oil, or hashish; 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 in
schedule I, II, or III, except marijuana, hash oil, or hashish;
commits dealing in a schedule I, II, or III controlled substance, a
Class B felony, except as provided in subsection (b).
(b) The offense is a Class A felony if:
(1) the person:
(A) delivered; or
(B) financed the delivery of;
the substance to a person under eighteen (18) years of age at
least three (3) years junior to the person; or
(2) the person delivered or financed the delivery of the
substance:
(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.
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 controlled
substance, pure or adulterated, classified in schedule IV;
commits dealing in a schedule IV controlled substance, a Class C
felony, except as provided in subsection (b).
(b) The offense is a Class B felony if:
(1) the person:
(A) delivered; or
(B) financed the delivery of;
the substance to a person under eighteen (18) years of age at
least three (3) years junior to the person; or
(2) the person delivered or financed the delivery of the
substance:
(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 in
schedule 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 in
schedule V;
commits dealing in a schedule V controlled substance, a Class D
felony, except as provided in subsection (b).
(b) The offense is a Class B felony if:
(1) the person:
(A) delivered; or
(B) financed the delivery of;
the substance to a person under eighteen (18) years of age at
least three (3) years junior to the person; or
(2) the person delivered or financed the delivery of the
substance:
(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 illegal
manufacture of a controlled substance or an immediate
precursor; or
(2) waste, knowing that the waste was produced from the illegal
manufacture of a controlled substance or an immediate
precursor;
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 or
immediate 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 controlled
substance or a drug for which a prescription is required under federal
or state law, that:
(1) is expressly or impliedly represented to be a controlled
substance;
(2) is distributed under circumstances that would lead a
reasonable person to believe that the substance is a controlled
substance; or
(3) by overall dosage unit appearance, including shape, color,
size, markings, or lack of markings, taste, consistency, or any
other identifying physical characteristic of the substance, would
lead a reasonable person to believe the substance is a controlled
substance;
commits dealing in a substance represented to be a controlled
substance, a Class D felony.
(b) In determining whether representations have been made,
subject to subsection (a)(1), or whether circumstances of distribution
exist, subject to subsection (a)(2), the trier of fact may consider, in
addition to other relevant factors, the following:
(1) Statements made by the owner or other person in control of
the substance, concerning the substance's nature, use, or effect.
(2) Statements made by any person, to the buyer or recipient of
the substance, that the substance may be resold for profit.
(3) Whether the substance is packaged in a manner uniquely
used 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 greater
than 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 the
manufacture of, advertise, or distribute;
a substance described in section 4.5 of this chapter commits a Class
C felony.
(b) A person who knowingly or intentionally possesses a
substance described in section 4.5 of this chapter commits a Class C
misdemeanor. However, the offense is a Class A misdemeanor if the
person 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 a
controlled 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 to
licensed medical practitioners for use as placebos in
professional practice or research.
(2) Persons acting in the course and legitimate scope of their
employment as law enforcement officers.
(3) The retention of production samples of noncontrolled
substances produced before September 1, 1986, where such
samples 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 professional
practice, knowingly or intentionally possesses cocaine (pure or
adulterated) or a narcotic drug (pure or adulterated) classified in
schedule I or II, commits possession of cocaine or a narcotic drug, a
Class 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 (as
defined in IC 35-47-1-5);
(2) a Class B felony if the person in possession of the cocaine
or narcotic drug possesses less than three (3) grams of pure or
adulterated 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 or
narcotic drug in an amount (pure or adulterated) weighing at
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 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 professional
practice, knowingly or intentionally possesses methamphetamine
(pure or adulterated) commits possession of methamphetamine, a
Class 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 (as
defined in IC 35-47-1-5);
(2) a Class B felony if the person in possession of the
methamphetamine possesses less than three (3) grams of pure
or 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 the
methamphetamine in an amount (pure or adulterated) weighing
at 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 his professional practice,
knowingly or intentionally possesses a controlled substance (pure or
adulterated) classified in schedule I, II, III, or IV, except marijuana
or hashish, commits possession of a controlled substance, a Class D
felony. However, the offense is a Class C felony if the person in
possession of the controlled 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 his professional practice,
knowingly or intentionally obtains:
(1) more than four (4) ounces of schedule V controlled
substances containing codeine in any given forty-eight (48)
hour period unless pursuant to a prescription;
(2) a schedule V controlled substance pursuant to written or
verbal misrepresentation; or
(3) possession of a schedule V controlled substance other than
by means of a prescription or by means of signing an exempt
narcotic register maintained by a pharmacy licensed by the
Indiana 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.
IC 35-48-4-8
Repealed
(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 object
that 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 controlled
substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits a Class A infraction for
manufacturing 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.
IC 35-48-4-8.2
Repealed
(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 use
for:
(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 for
possessing paraphernalia.
(b) A person who knowingly or intentionally violates subsection
(a) commits a Class A misdemeanor. However, the offense is a Class
D felony if the person has a prior unrelated judgment or conviction
under 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 controlled
substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits reckless possession of
paraphernalia, a Class B misdemeanor. However, the offense is a
Class D felony if the person has a previous judgment or conviction
under 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, or
other object that is intended to be or that is designed or marketed to
be used primarily for:
(1) ingesting, inhaling, or otherwise introducing into the human
body marijuana, hash oil, hashish, or a controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana,
hash oil, hashish, or a controlled substance;
(3) enhancing the effect of a controlled substance;
(4) manufacturing, compounding, converting, producing,
processing, or preparing marijuana, hash oil, hashish, or a
controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, or a
controlled substance by individuals; or
(6) any purpose announced or described by the seller that is in
violation 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 Class
D felony if the person has a prior unrelated judgment or conviction
under 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 used
primarily for:
(1) ingesting, inhaling, or otherwise introducing into the human
body marijuana, hash oil, hashish, or a controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana,
hash oil, hashish, or a controlled substance;
(3) enhancing the effect of a controlled substance;
(4) manufacturing, compounding, converting, producing,
processing, or preparing marijuana, hash oil, hashish, or a
controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, or a
controlled substance by individuals; or
(6) any purpose announced or described by the seller that is in
violation 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 previous
judgment 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,
or a controlled substance as an incident to lawful research,
teaching, or chemical analysis and not for sale.
(2) Items marketed for or historically and customarily used in
connection 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.
IC 35-48-4-9
Repealed
(Repealed by Acts 1980, P.L.115, SEC.5.)
IC 35-48-4-10
Dealing in marijuana, hash oil, or hashish
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, or hashish, pure or adulterated; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
marijuana, hash oil, or hashish, pure or adulterated;
commits dealing in marijuana, hash oil, or hashish, 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 more than thirty (30) grams but
less than ten (10) pounds of marijuana or two (2) grams but
less than three hundred (300) grams of hash oil or hashish;
or
(C) the person has a prior conviction of an offense involving
marijuana, hash oil, or hashish; and
(2) a Class C felony if the amount involved is ten (10) pounds
or more of marijuana or three hundred (300) or more grams of
hash oil or hashish or the person delivered or financed the
delivery of marijuana, hash oil, or hashish:
(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.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.
IC 35-48-4-11
Possession of marijuana, hash oil, or hashish
Sec. 11. A person who:
(1) knowingly or intentionally possesses (pure or adulterated)
marijuana, hash oil, or hashish;
(2) knowingly or intentionally grows or cultivates marijuana; or
(3) knowing that marijuana is growing on his premises, fails to
destroy the marijuana plants;
commits possession of marijuana, hash oil, or hashish, a Class A
misdemeanor. However, the offense is a Class D felony (i) if the
amount involved is more than thirty (30) grams of marijuana or two
(2) grams of hash oil or hashish, or (ii) if the person has a prior
conviction of an offense involving marijuana, hash oil, or hashish.
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.
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 to
controlled substances pleads guilty to possession of marijuana or
hashish as a Class A misdemeanor, the court, without entering a
judgment of conviction and with the consent of the person, may defer
further proceedings and place him in the custody of the court under
such conditions as the court determines. Upon violation of a
condition of the custody, the court may enter a judgment of
conviction. However, if the person fulfills the conditions of the
custody, the court shall dismiss the charges against him. There may
be only one (1) dismissal under this section with respect to a person.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,
P.L.340, SEC.107.
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 person
to unlawfully use a controlled substance commits visiting a common
nuisance, 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 as
described 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 endangered
adult (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 D
felony if the person has a prior unrelated conviction under this
section.
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, or
intentionally distributes or dispenses a controlled substance in
violation of IC 35-48-3;
(2) is a registrant and who recklessly, knowingly, or
intentionally:
(A) manufactures; or
(B) finances the manufacture of;
a controlled substance not authorized by his registration or
distributes or dispenses a controlled substance not authorized by
his 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, an
invoice, or information required under this article; or
(4) recklessly, knowingly, or intentionally refuses entry into any
premises 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 classified
in schedule I or II, except under an order form as required by
IC 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 that
is fictitious, revoked, suspended, or issued to another person;
(3) furnishes false or fraudulent material information in, or
omits any material information from, an application, report, or
other document required to be kept or filed under this article; or
(4) makes, distributes, or possesses a punch, die, plate, stone, or
other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or
device of another or a likeness of any of the foregoing on a drug
or container or labeling thereof so as to render the drug a
counterfeit 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, concealment
of a material fact, or use of a false name or false address commits a
Class D felony. However, the offense is a Class C felony if the
person 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 controlled
substance commits a Class D felony. However, the offense is a Class
C felony if the person has a prior conviction of an offense under this
subsection. This subsection does not apply to law enforcement
agencies or their representatives while engaged in enforcing
IC 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 a
practitioner commits a Class D felony. However, the offense is a
Class C felony if the person has a prior conviction of an offense
under this subsection. This subsection does not apply to the printing
of prescription pads or forms upon a written, signed order placed by
a 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 substance
identified in subdivisions (1) through (3).
(5) Anhydrous ammonia or ammonia solution (as defined in
IC 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 or
adulterated, commits a Class D felony. However, the offense is a
Class C felony if the person possessed:
(1) a firearm while possessing more than ten (10) grams of
ephedrine, pseudoephedrine, or phenylpropanolamine, pure or
adulterated; or
(2) more than ten (10) grams of ephedrine, pseudoephedrine, or
phenylpropanolamine, pure or adulterated, 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.
(c) A person who possesses anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with the intent to manufacture
methamphetamine or amphetamine, schedule II controlled substances
under IC 35-48-2-6, commits a Class D felony. However, the offense
is a Class C felony if the person possessed:
(1) a firearm while possessing anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with intent to
manufacture methamphetamine or amphetamine, schedule II
controlled substances under IC 35-48-2-6; or
(2) anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1) with intent to manufacture methamphetamine or
amphetamine, schedule II controlled substances under
IC 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 carrier
or an agent of any of these persons if the possession is in the
regular course of lawful business activities; or
(2) person who possesses more than ten (10) grams of a
substance described in subsection (b) if the substance is
possessed under circumstances consistent with typical
medicinal 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 substance
commits 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 chemical
reagents or precursors with intent to manufacture a controlled
substance; or
(2) two (2) or more chemical reagents or precursors with intent
to manufacture a controlled substance 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.
(g) A person who sells, transfers, distributes, or furnishes a
chemical reagent or precursor to another person with knowledge or
the intent that the recipient will use the chemical reagent or
precursors to manufacture a controlled substance commits unlawful
sale 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; application; age
requirements; identification; record keeping; warning signs;
convenience packages; suspicious orders and thefts; penalties
Sec. 14.7. (a) This section does not apply to the following:
(1) Ephedrine or pseudoephedrine dispensed pursuant to a
prescription.
(2) The sale of a drug containing ephedrine or pseudoephedrine
to a licensed health care provider, pharmacist, retail distributor,
wholesaler, manufacturer, or an agent of any of these persons
if the sale occurs in the regular course of lawful business
activities. However, a retail distributor, wholesaler, or
manufacturer is required to report a suspicious order to the state
police department in accordance with subsection (f).
(3) The sale of a drug containing ephedrine or pseudoephedrine
by a person who does not sell exclusively to walk-in customers
for the personal use of the walk-in customers. However, if the
person described in this subdivision is a retail distributor,
wholesaler, or manufacturer, the person is required to report a
suspicious order to the state police department in accordance
with 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 image
every ten (10) seconds;
(B) retains a photograph or digital image for at least
seventy-two (72) hours;
(C) has sufficient resolution and magnification to permit the
identification of a person in the area under surveillance; and
(D) stores a recorded photograph or digital image at a
location that is immediately accessible to a law enforcement
officer.
(2) "Convenience package" means a package that contains a
drug having as an active ingredient not more than one hundred
twenty (120) milligrams of ephedrine or pseudoephedrine, or
both.
(3) "Ephedrine" means pure or adulterated ephedrine.
(4) "Pseudoephedrine" means pure or adulterated
pseudoephedrine.
(5) "Suspicious order" means a sale or transfer of a drug
containing 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 States
Drug Enforcement Administration;
(B) appears suspicious to the retail distributor, wholesaler,
or manufacturer in light of the recommendations contained
in Appendix A of the report to the United States attorney
general by the suspicious orders task force under the federal
Comprehensive Methamphetamine Control Act of 1996; or
(C) is for cash or a money order in a total amount of at least
two hundred dollars ($200).
(6) "Unusual theft" means the theft or unexplained
disappearance from a particular retail store of drugs containing
ten (10) grams or more of ephedrine, pseudoephedrine, or both
in a twenty-four (24) hour period.
(c) This subsection does not apply to a convenience package. A
person may sell a drug that contains the active ingredient of
ephedrine, pseudoephedrine, or both only if the person complies with
the following conditions:
(1) The person does not sell the drug to a person less than
eighteen (18) years of age.
(2) The person does not sell drugs containing more than three
and six-tenths (3.6) grams of ephedrine or pseudoephedrine, or
both, to one (1) individual on one (1) day, or nine (9) grams of
ephedrine or pseudoephedrine, or both, to one (1) individual in
a thirty (30) day period.
(3) The person requires:
(A) the purchaser to produce a state or federal identification
card;
(B) the purchaser to complete a paper or an electronic log in
a format approved by the state police department with the
purchaser's name, address, and driver's license or other
identification number; and
(C) the clerk who is conducting the transaction to initial or
electronically record the clerk's identification on the log.
Records from the completion of a log must be retained for at
least two (2) years. A law enforcement officer has the right to
inspect and copy a log or the records from the completion of a
log in accordance with state and federal law. A person may not
sell or release a log or the records from the completion of a log
for a commercial purpose. The Indiana criminal justice institute
may obtain information concerning a log or the records from the
completion of a log from a law enforcement officer if the
information may not be used to identify a specific individual
and is used only for statistical purposes. A retailer who in good
faith releases information maintained under this subsection is
immune from civil liability unless the release constitutes gross
negligence or intentional, wanton, or willful misconduct.
(4) The person stores the drug:
(A) behind a counter in an area inaccessible to a customer or
in a locked display case that makes the drug unavailable to a customer without the ass