CHAPTER 1. DEFINITIONS
IC 35-48
ARTICLE 48. CONTROLLED SUBSTANCES
IC 35-48-1
Chapter 1. Definitions
IC 35-48-1-1
Repealed
(Repealed by P.L.5-1988, SEC.208.)
IC 35-48-1-2
Definitions; application
Sec. 2. The definitions in this chapter apply throughout thisarticle.
As added by P.L.5-1988, SEC.182.
IC 35-48-1-3
"Administer" defined
Sec. 3. "Administer" means the direct application of a controlledsubstance, 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.
IC 35-48-1-4
Repealed
(Repealed by P.L.84-2010, SEC.102.)
IC 35-48-1-5
"Agent" defined
Sec. 5. "Agent" means an authorized person who acts on behalfof, 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.
IC 35-48-1-6
"Board" defined
Sec. 6. "Board" refers to the Indiana state board of pharmacy.
As added by P.L.5-1988, SEC.186.
IC 35-48-1-7
"Cocaine" defined
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 are
not included.
As added by P.L.5-1988, SEC.187.
IC 35-48-1-8
Repealed
(Repealed by P.L.3-1989, SEC.224.)
IC 35-48-1-9
"Controlled substance" defined
Sec. 9. "Controlled substance" means a drug, substance, orimmediate 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.
IC 35-48-1-10
"Counterfeit substance" defined
Sec. 10. "Counterfeit substance" means a controlled substancewhich, 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.
IC 35-48-1-11
"Delivery" defined
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.
IC 35-48-1-12
"Dispense" defined
Sec. 12. "Dispense" means to deliver a controlled substance to anultimate 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.
IC 35-48-1-13
"Dispenser" defined
Sec. 13. "Dispenser" means a practitioner who dispenses.
As added by P.L.5-1988, SEC.193.
IC 35-48-1-14
"Distribute" defined
Sec. 14. "Distribute" means to deliver other than by administeringor dispensing a controlled substance.
As added by P.L.5-1988, SEC.194.
IC 35-48-1-15
"Distributor" defined
Sec. 15. "Distributor" means a person who distributes.
As added by P.L.5-1988, SEC.195.
IC 35-48-1-16
"Drug" defined
Sec. 16. "Drug" has the meaning set forth in IC 16-42-19-2. Itdoes 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 theboard has found to be and by rule designates as being the principal
compound 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.
IC 35-48-1-18
"Manufacture" defined
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.
IC 35-48-1-19
"Marijuana" defined
Sec. 19. "Marijuana" means any part of the plant genus Cannabiswhether 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.
IC 35-48-1-20
"Narcotic drug" defined
Sec. 20. "Narcotic drug" means any of the following, whetherproduced 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.
IC 35-48-1-21
"Opiate" defined
Sec. 21. "Opiate" means a substance having an addiction-formingor 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 Papaversomniferum 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 theopium poppy, after mowing.
As added by P.L.5-1988, SEC.203.
IC 35-48-1-24
"Practitioner" defined
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 alegend 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.
IC 35-48-1-26
"Production" defined
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 possessesa 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.