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 substanceanalog" 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, 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 inschedule I, II, or III, except marijuana, hash oil, or hashish;
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:
(1) the person:
(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.
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 inschedule 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:
(1) the person:
(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:
(1) the person:
(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 illegal
manufacture 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) thatthe 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 orfinances 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 counterfeitsubstance
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 asubstance 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 adefense 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 ofa 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 orderof 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 Vcontrolled substance
Sec. 7. (a) A person who, without a valid prescription or order ofa practitioner acting in the course of his professional practice,knowingly or intentionally possesses a controlled substance (pure oradulterated) classified in schedule I, II, III, or IV, except marijuanaor hashish, commits possession of a controlled substance, a Class Dfelony. However, the offense is a Class C felony if the person inpossession of the controlled substance possesses the controlledsubstance:
(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 apractitioner acting in the course of his 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.
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 themanufacture 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.
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, aninstrument, 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 controlledsubstance; 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, aninstrument, 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, 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 acontrolled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, or acontrolled 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, ordelivers an instrument, a device, or other object that is to be usedprimarily for:
(1) ingesting, inhaling, or otherwise introducing into the humanbody 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 acontrolled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, or acontrolled 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,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 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.
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 Amisdemeanor, 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 butless than ten (10) pounds of marijuana or two (2) grams butless than three hundred (300) grams of hash oil or hashish;or
(C) the person has a prior conviction of an offense involvingmarijuana, hash oil, or hashish; and
(2) a Class C felony if the amount involved is ten (10) poundsor more of marijuana or three hundred (300) or more grams ofhash oil or hashish or the person delivered or financed thedelivery 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 todestroy the marijuana plants;
commits possession of marijuana, hash oil, or hashish, a Class Amisdemeanor. However, the offense is a Class D felony (i) if theamount 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 priorconviction 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 offenseunder this article or under a law of another jurisdiction relating tocontrolled substances pleads guilty to possession of marijuana orhashish as a Class A misdemeanor, the court, without entering ajudgment of conviction and with the consent of the person, may deferfurther proceedings and place him in the custody of the court undersuch conditions as the court determines. Upon violation of acondition of the custody, the court may enter a judgment ofconviction. However, if the person fulfills the conditions of thecustody, the court shall dismiss the charges against him. There maybe 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 abuilding, 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 intentionallytakes 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 classified
in 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 possessionof 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 orforged 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 anyprescription 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 orprecursors" 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 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 ofephedrine, 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 ammoniasolution (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 orprecursors with the intent to manufacture a controlled substancecommits a Class D felony.
(f) An offense under subsection (e) is a Class C felony if theperson 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 achemical 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; application; agerequirements; 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 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 anautomated 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 one hundredtwenty (120) milligrams of ephedrine or pseudoephedrine, orboth.
(3) "Ephedrine" means pure or adulterated ephedrine.
(4) "Pseudoephedrine" means pure or adulteratedpseudoephedrine.
(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 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).
(6) "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. Aperson may sell a drug that contains the active ingredient ofephedrine, pseudoephedrine, or both only if the person complies withthe following conditions:
(1) The person does not sell the drug to a person less thaneighteen (18) years of age.
(2) The person 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 nine (9) grams ofephedrine or pseudoephedrine, or both, to one (1) individual ina thirty (30) day period.
(3) The person requires:
(A) the purchaser to produce a state or federal identificationcard;
(B) the purchaser to complete a paper or an electronic log ina format approved by the state police department with thepurchaser's name, address, and driver's license or otheridentification number; 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 person 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 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 toa customer without the ass