reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-16.5. "Enhancing Circumstance"

Sec. 16.5. "Enhancing circumstance" means one (1) or more of the following:
(1) The person has a prior conviction for dealing in a controlled substance that is not marijuana, hashish, hash oil, or salvia divinorum.
(2) The person committed the offense while in possession of a firearm.
(3) The person committed the offense:
(A) on a school bus; or
(B) in, on, or within five hundred (500) feet of:
(i) school property while a person under eighteen (18) years of age was reasonably expected to be present; or
(ii) a public park while a person under eighteen (18) years of age was reasonably expected to be present.
(4) The person delivered or financed the delivery of the drug to a person under eighteen (18) years of age at least three (3) years junior to the person.
(5) The person manufactured or financed the manufacture of the drug.
(6) The person committed the offense in the physical presence of a child less than eighteen (18) years of age, knowing that the child was present and might be able to see or hear the offense.
(7) The person committed the offense on the property of a:
(A) penal facility; or
(B) juvenile facility (as defined in IC 35-44.1-3-5).
(8) The person knowingly committed the offense in, on, or within one hundred (100) feet of a facility. For purposes of this subdivision, "facility" means a place that is:
(A) created and funded under IC 12-23-14 or IC 33-23-16;
(B) certified under IC 12-23-1-6; or
(C) used for the purpose of conducting a recovery or support group meeting;
and at which a drug abuser (as defined in IC 12-7-2-73) may be provided with treatment, care, or rehabilitation.
As added by P.L.158-2013, SEC.619. Amended by P.L.168-2014, SEC.90; P.L.5-2019, SEC.2; P.L.80-2019, SEC.21; P.L.182-2019, SEC.2; P.L.142-2020, SEC.80.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-16.6. "Fentanyl Related Substance"

Sec. 16.6. "Fentanyl related substance" means any substance not listed in schedule I through V of IC 35-48-2 that is structurally related to fentanyl by one (1) or more of the following modifications:
(1) Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle.
(2) Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups.
(3) Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups.
(4) Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle.
(5) Replacement of the N-propionyl group by another acyl group.
As added by P.L.119-2019, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-16.7. "Fentanyl Containing Substance"

Sec. 16.7. "Fentanyl containing substance" means one (1) or more of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers:
(1) 4-fluoroisobutyryl fentanyl.
(2) Acetyl fentanyl (Other names include: N-(1-phenethylpiperidin-4-yl)- N- phenylacetamide).
(3) Cyclopentyl fentanyl. Other name: N-(1-phenethylpiperidin- 4-yl)-N- phenylcyclopentanecarboxamide.
(4) Fentanyl related substances.
(5) Furanyl fentanyl.
(6) Isobutyryl fentanyl. Other name: N-(1-phenethylpiperidin- 4-yl)-N- phenylisobutyramide.
(7) Methoxyacetyl fentanyl. Other name: 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.
(8) 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4- piperidyl] - N-phenyl-propanimide] (9813).
(9) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4- piperidinyl]-N-phenylpropanamide) (9833).
(10) N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide (para-chloroisobutyryl fentanyl).
(11) N-(2-fluorophenyl)-2-methoxy- N-(1-phenethylpiperidin-4-yl) acetamide (ocfentanil).
(12) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide (para-fluorobutyryl fentanyl).
(13) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl fentanyl).
(14) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl).
(15) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide (para-methoxybutyryl fentanyl).
(16) N-[1-(2-thienyl)methyl-4-piperidyl]- N-phenylpropanamide (thenylfentanyl), including any isomers, salts, or salts of isomers (9834).
(17) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl).
(18) N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide (cyclopentyl fentanyl).
(19) Para-chloroisobutyryl fentanyl. Other name: N-(4-chlorophenyl)- N-(1-phenethylpiperidin- 4-yl) isobutyramide.
(20) Para-fluorobutyryl fentanyl. Other name: N-(4- fluorophenyl)-N- (1-phenethylpiperidin- 4-yl)butyramide.
(21) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1- (2-phenethyl)- 4-piperidinyl] propanamide (9812).
(22) Para-methoxybutyryl fentanyl. Other name: N-(4- methoxyphenyl)-N- (1-phenethylpiperidin-4-yl)butyramide.
(23) Tetrahydrofuranyl fentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb oxamide.
(24) Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4- piperidinyl] -propanamide) (9835).
(25) Valeryl fentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.
(26) Fentanyl.
(27) An immediate precursor to fentanyl: 4-Anilino- N-Phenethyl-4-Piperidine (ANPP).
(28) Carfentanil.
As added by P.L.48-2023, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-17. "Immediate Precursor"

Sec. 17. "Immediate precursor" means a substance which the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediate used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
As added by P.L.5-1988, SEC.197.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-17.2. "Hemp Bud"

Sec. 17.2. (a) "Hemp bud" means the harvested immature reproductive organ of the female hemp plant.
(b) The term does not include agricultural hemp seed.
As added by P.L.190-2019, SEC.26.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-17.3. "Hemp Flower"

Sec. 17.3. (a) "Hemp flower" means the harvested reproductive organ, whether immature or mature, of the female hemp plant.
(b) The term does not include agricultural hemp seed.
As added by P.L.190-2019, SEC.27.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-17.4. "Isomer"

Sec. 17.4. (a) Except as provided in subsections (b) and (c), "isomer" means an optical isomer.
(b) "Isomer", as used in IC 35-48-2-4(d), means an optical, positional, or geometric isomer.
(c) "Isomer", as used in section 7 of this chapter, means an optical or geometric isomer.
As added by P.L.61-2020, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-17.5. "Low Thc Hemp Extract"

Sec. 17.5. (a) "Low THC hemp extract" means a substance or compound that:
(1) is derived from or contains any part of the plant Cannabis sativa L. that meets the definition of hemp under IC 15-15-13-6;
(2) contains not more than three-tenths percent (0.3%) total delta-9-tetrahydrocannabinol (THC), including precursors, by weight; and
(3) contains no other controlled substances.
(b) The term does not include:
(1) the harvested reproductive organ, whether immature or mature, of the female hemp plant; or
(2) smokable hemp.
As added by P.L.153-2018, SEC.21. Amended by P.L.190-2019, SEC.28.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-18. "Manufacture"

Sec. 18. "Manufacture" means the following:
(1) For offenses not involving marijuana, hashish, or hash oil:
(A) the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. It does not include the preparation, compounding, packaging, or labeling of a controlled substance:
(i) by a practitioner as an incident to administering or dispensing of a controlled substance in the course of a professional practice; or
(ii) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or
(B) the organizing or supervising of an activity described in clause (A).
(2) For offenses involving marijuana, hashish, or hash oil:
(A) the preparation, compounding, conversion, or processing of marijuana, hashish, or hash oil, either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the marijuana, hashish, or hash oil, or labeling or relabeling of its container. It does not include planting, growing, cultivating, or harvesting a plant, or the preparation, compounding, packaging, or labeling of marijuana, hashish, or hash oil:
(i) by a practitioner as an incident to lawfully administering or dispensing of marijuana, hashish, or hash oil in the course of a professional practice; or
(ii) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or
(B) the organizing or supervising of an activity described in clause (A).
As added by P.L.5-1988, SEC.198. Amended by P.L.165-1990, SEC.2; P.L.17-2001, SEC.18; P.L.158-2013, SEC.620.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-19. "Marijuana"

Sec. 19. (a) "Marijuana" means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
(b) The term does not include:
(1) the mature stalks of the plant;
(2) fiber produced from the stalks;
(3) oil or cake made from the seeds of the plant;
(4) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom);
(5) the sterilized seed of the plant which is incapable of germination;
(6) hemp (as defined by IC 15-15-13-6);
(7) low THC hemp extract; or
(8) smokable hemp.
As added by P.L.5-1988, SEC.199. Amended by P.L.165-2014, SEC.3; P.L.153-2018, SEC.22; P.L.190-2019, SEC.29.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-20. "Narcotic Drug"

Sec. 20. "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium, opiates, derivatives of opium and 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 possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
(2) Opium poppy and poppy straw.
(3) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to this section.
As added by P.L.5-1988, SEC.200. Amended by P.L.61-2020, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-21. "Opiate" or "Opioid"

Sec. 21. "Opiate" or "opioid" means a drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under IC 35-48-2, the dextrorotatory isomer of 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. Amended by P.L.61-2020, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-24. "Practitioner"

Sec. 24. "Practitioner" means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other institution or individual licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in Indiana.
As added by P.L.5-1988, SEC.204.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-25. "Prescription Drug"

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-26.5. "Sale to Minor"

Sec. 26.5. "Sale to a minor" means delivery or financing the delivery of a drug to a person less than eighteen (18) years of age and at least three (3) years junior to the person making the delivery or financing.
As added by P.L.158-2013, SEC.621.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-26.6. "Smokable Hemp"

Sec. 26.6. (a) Except as provided in subsection (b), "smokable hemp" means a product containing not more than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol (THC), including precursors and derivatives of THC, in a form that allows THC to be introduced into the human body by inhalation of smoke. The term includes:
(1) hemp bud; and
(2) hemp flower.
(b) The term does not include:
(1) a hemp plant that is; or
(2) parts of a hemp plant that are;
grown or handled by a licensee for processing or manufacturing into a legal hemp product.
As added by P.L.190-2019, SEC.30.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-27. "Ultimate User"

Sec. 27. "Ultimate user" means a person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administering to an animal owned by the person or by a member of the person's household.
As added by P.L.5-1988, SEC.207.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 2. Classification of Drugs › 35-48-2-2. Nomenclature

Sec. 2. Nomenclature. The controlled substances listed in the schedules in sections 4, 6, 8, 10 and 12 of this chapter are included by whatever official, common, usual, chemical, or trade name designated. The number placed in brackets after each substance is its federal Drug Enforcement Administration Controlled Substances Code Number which is to be used for identification purposes on certain certificates of registration.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979, P.L.303, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 2. Classification of Drugs › 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 United States or lacks accepted safety for use in treatment under medical supervision.
(b) The board may recommend placement of a substance in schedule I under this chapter if it finds that the substance is classified as 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 2. Classification of Drugs › 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 in treatment in the United States, or currently accepted medical use with severe restrictions; and
(3) the abuse of the substance may lead to severe psychological or physical dependence.
(b) The board may recommend placement of a substance in schedule II under this chapter if it finds that the substance is classified 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 2. Classification of Drugs › 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 the substances listed in schedule I and II under this chapter;
(2) the substance has currently accepted medical use in treatment in the United States; and
(3) abuse of the substance may lead to moderate or low physical dependence 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 is classified 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 2. Classification of Drugs › 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 to substances in schedule III under this chapter;
(2) the substance has currently accepted medical use in treatment in the United States; and
(3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances 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 is classified 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 2. Classification of Drugs › 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 the controlled substances listed in schedule IV under this chapter;
(2) the substance has currently accepted medical use in treatment in the United States; and
(3) the substance has limited physical dependence or psychological dependence liability relative to the controlled substances 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 is classified 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 2. Classification of Drugs › 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 any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in the following quantities, which shall include one (1) or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
(6) Not more than 0.5 milligrams of difenoxin (9168), and not less than 25 micrograms of atropine sulfate per dosage unit.
(c) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substance having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: Pyrovalerone (1485).
(d) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:
(1) Brivaracetam ((2S)-2-[(4R)-2-oxo- 4-propylpyrrolidin-1-yl] butanamide) (also referred to as BRV; UCB-34714; Briviact) (including its salts) (2710).
(2) Cenobamate ([(1R)-1- (2-chlorophenyl)-2- (tetrazol-2-yl)ethyl] carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)-2- (2H-tetrazol-2-yl)ethyl ester) (2720).
(3) Ezogabine [N-[2-amino-4-(4-fluorobenzylamino)-phenyl]- carbamic acid ethyl ester] (2779).
(4) Ganaxolone (3α-hydroxy-3β-methyl-5α-pregnan-20-one) (2401).
(5) Lacosamide [(R)-2-acetoamido-N-benzyl-3- methoxy-propionamide] (2746).
(6) Lasmiditan [2,4,6-trifluoro-N- (6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide] (2790).
(7) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid] (2782).
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; P.L.283-2013, SEC.4; P.L.119-2019, SEC.6; P.L.61-2020, SEC.8; P.L.10-2021, SEC.2; P.L.48-2023, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 2. Classification of Drugs › 35-48-2-14. Reclassification; Rules

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 restrictive schedule; or
(2) as a substance that is not a controlled substance;
if the board finds that the substance qualifies for reclassification under this chapter and that the same reclassification has been made in a controlled substance schedule under federal law.
(b) If the board reclassifies a controlled substance under subsection (a), the board shall recommend the same reclassification to 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 rule adopted under subsection (a), a person who manufactures, distributes, dispenses, possesses, or uses a controlled substance in compliance with the requirements applicable to the less restrictive schedule to which a controlled substance is reclassified under subsection (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 an offense under this article if the board has reclassified the controlled substance as a substance that is not a controlled substance.
As added by P.L.200-1987, SEC.14.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 3. Registration and Control › 35-48-3-1. Rules

Sec. 1. Rules. The board may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state.
As added by Acts 1976, P.L.148, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 3. Registration and Control › 35-48-3-1.5. "Owner"

Sec. 1.5. (a) This section is effective beginning January 1, 2014.
(b) As used in this chapter, "owner" means a person that employs or contracts with at least one (1) individual to dispense a controlled substance in an office, facility, clinic, or location owned or controlled by the person. The term does not include the following:
(1) A person licensed by a board listed in IC 25-1-9.
(2) A dentist licensed under IC 25-14.
(3) A physician licensed under IC 25-22.5.
(4) An optometrist licensed under IC 25-24.
(5) A podiatrist licensed under IC 25-29.
(6) A community mental health center certified under IC 12-21-2-3(5)(C).
(7) A private mental health institution or private psychiatric hospital licensed under IC 12-25.
(8) A hospital or ambulatory outpatient surgical center licensed under IC 16-21.
(9) A hospice licensed under IC 16-25.
(10) A home health agency licensed under IC 16-27-1.
(11) A health facility licensed under IC 16-28.
(12) A rural health clinic (as defined in 42 U.S.C. 1396d(l)(1)).
(13) A federally qualified health center (as defined in 42 U.S.C. 1396d(l)(2)(B)).
(14) A pharmacist or pharmacy licensed under IC 25-26.
(15) A community health center (as defined in IC 34-18-2-9).
(16) An affiliate, member, partner, or subsidiary of any person described in subdivisions (6) through (15).
(17) A:
(A) corporation;
(B) partnership;
(C) joint venture;
(D) limited liability company; or
(E) professional corporation;
or any other entity in which more than fifty percent (50%) of the owners, shareholders, partners, or members are persons listed in subdivisions (1) through (16).
As added by P.L.185-2013, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 3. Registration and Control › 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 animal impounding facility is entitled to receive a limited permit only for the purpose 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 or immobilize fractious domestic pets and animals; and
(3) a combination product containing tiletimine and zolazepam as an agent for the remote chemical capture of domestic pets or animals 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 the board;
(2) pay annually to the board a fee set by the board for the limited permit; and
(3) submit proof, as determined by the board, that the employees of an applicant who will handle a controlled substance are sufficiently trained to use and administer the controlled 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 the board.
(e) Before issuing a permit under this section, the board may consult with the Indiana board of veterinary medicine.
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; P.L.48-2022, SEC.32.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 3. Registration and Control › 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 this chapter, as effective April 30, 1986; and
(2) in effect on April 30, 1986;
does not expire until the date specified for renewal of the registration under section 3 of this chapter, as amended by P.L.156-1986. However, the registrant is liable for a prorated renewal fee proportionate to the fraction of the renewal period specified under section 3 of this chapter, as amended by P.L.156-1986, that the extended registration is in effect.
(b) The Indiana professional licensing agency shall:
(1) notify a registrant described under subsection (a) in writing of; and
(2) collect;
the amount of the prorated fee applicable to the registrant's extended registration.
(c) The Indiana professional licensing agency shall issue to a registrant described under subsection (a) such evidence of the registrant's extended registration as the state board of pharmacy requires.
As added by P.L.220-2011, SEC.629. Amended by P.L.78-2017, SEC.24.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 3. Registration and Control › 35-48-3-3.5. Opioid Prescribing and Opioid Abuse Continuing Education Requirements; Expiration

Sec. 3.5. (a) IC 25-1-4-0.7, IC 25-1-4-1, IC 25-1-4-2, IC 25-1-4-3, IC 25-1-4-3.2, and IC 25-1-4-4 concerning continuing education apply to this section.
(b) Beginning July 1, 2019, a practitioner who is licensed by a board under IC 25-1-9 and applies for registration or reregistration under this chapter must have completed two (2) hours of continuing education during the previous two (2) years addressing the topic of opioid prescribing and opioid abuse.
(c) All continuing education courses required under subsection (b) must be:
(1) approved by the board or the licensing board that regulates the practitioner; or
(2) offered by an approved organization (as defined by IC 25-1-4-0.2).
(d) The Indiana professional licensing agency shall maintain on the agency's Internet web site a schedule of or link to opioid prescribing and opioid abuse continuing education courses that are available under subsection (c).
(e) If a practitioner is required to take continuing education as a condition to renew a registration, certification, or license under IC 25, the continuing education courses completed under this section must be applied to the fulfillment of that requirement.
(f) This section expires July 1, 2025.
As added by P.L.55-2018, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 3. Registration and Control › 35-48-3-4. Registration

Sec. 4. (a) The board shall register an applicant to manufacture or distribute controlled substances unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider:
(1) maintenance of effective controls against diversion of controlled 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 state laws relating to any controlled substance;
(4) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
(5) furnishing by the applicant of false or fraudulent material in any application filed under this article;
(6) suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
(7) any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlled substances in schedules I or II other than those specified in the registration.
(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to dispense or conduct research under the law of this state. The board need not require separate registration under this chapter for practitioners engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this chapter in another capacity, to the extent authorized by the registrant's registration in that other capacity.
(d) Registration to conduct research or instructional activities with controlled substances in schedules I through V does not entitle a registrant to conduct research or instructional activities with controlled substances other than those approved by the board in accordance with the registration.
(e) The board may consult with the Indiana board of veterinary medicine before issuing a registration to a person:
(1) who seeks to conduct research or instructional activities with controlled substances in schedules I through IV; and
(2) whose activities constitute the practice of veterinary medicine (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; P.L.48-2022, SEC.33.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 3. Registration and Control › 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 of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended, or why the renewal should not be denied. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the board at a time and place not less than thirty (30) days after the date of service of the order, but in the case of a denial or renewal of registration the show cause order shall be served not later than thirty (30) days before the expiration of the registration. These proceedings shall be conducted in accordance with IC 4-21.5 without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration, which shall remain in effect pending the outcome of the administrative hearing.
(b) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under section 4 of this chapter, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by 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) has applied for reregistration at least forty-five (45) days before the date on which the existing registration is due to expire, the existing registration of the applicant shall automatically be extended and continue in effect until the date on which the board so issues its order. The board may extend any other existing registration under the circumstances contemplated in this section even though the registrant failed to apply for reregistration at least forty-five (45) days before expiration of the existing registration, with or without request by the registrant, if the board finds that such extension is not inconsistent with 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 3. Registration and Control › 35-48-3-7. Records of Registrants

Sec. 7. Records of Registrants. Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules the board issues.
As added by Acts 1976, P.L.148, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 3. Registration and Control › 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 pursuant to an order form. Compliance with the provisions of federal law respecting order forms is deemed compliance with this section.
As added by Acts 1976, P.L.148, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 3. Registration and Control › 35-48-3-9. Prescriptions

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 the direction of a practitioner or medication dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in schedule II may be dispensed without the written or electronic 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 a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of section 7 of this chapter. No prescription for a schedule II substance 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 direction of a practitioner, or medication dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV which is a prescription drug as determined under IC 16-42-19, shall not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner. Prescriptions for schedule III, IV, and V controlled substances may be transmitted by facsimile from the practitioner or the agent of the practitioner to a pharmacy. The facsimile 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.
(e) Prescriptions for schedule V controlled substances may be transmitted by an electronic prescription from the practitioner or the agent of the practitioner to a pharmacy.
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; P.L.114-2013, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 13 of this chapter by P.L.31-1998 apply only to offenses committed after June 30, 1998. An offense committed under section 13 of this chapter before July 1, 1998, may be prosecuted and remains punishable as provided in section 13 of this chapter, as effective before July 1, 1998.
(2) The addition of section 0.5 of this chapter by P.L.225-2003 applies only to a controlled substance offense under this chapter that occurs after June 30, 2003.
As added by P.L.220-2011, SEC.630. Amended by P.L.63-2012, SEC.83.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-0.5. Controlled Substance Analog; Factors

Sec. 0.5. (a) In determining whether a controlled substance analog has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system, or is represented or intended to have a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system, the trier of fact may consider the following:
(1) The actual or relative potential for abuse of the substance.
(2) Scientific evidence of the pharmacological effect of the substance, if known.
(3) The state of current scientific knowledge regarding the substance.
(4) The history and current pattern of abuse of the substance.
(5) The scope, duration, and significance of abuse of the substance.
(6) The risk to the public health presented by the substance.
(7) The substance's psychological or physiological dependence liability.
(8) The behavior demonstrated by the defendant, if the defendant is known to have consumed the substance, or by the end user of the substance that is alleged to have been delivered or otherwise transferred by the defendant.
(9) Whether the substance was diverted from legitimate channels or clandestinely imported, manufactured, or distributed.
(10) Whether the substance is an immediate precursor of a substance controlled under this article.
(11) A comparison of the accepted methods of marketing, distribution, and sales of the substance with the methods of marketing, distribution, and sales of the substance that the substance is purported to be, including:
(A) the packaging of the substance and its appearance in overall finished dosage form;
(B) oral or written statements or representations concerning the substance;
(C) the methods by which the substance is distributed; and
(D) the manner in which the substance is sold to the public.
(12) Any other relevant factor.
(b) For purposes of this chapter, a controlled substance analog that has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system shall be treated as the highest scheduled controlled substance under IC 35-48-2 to which it is a controlled substance analog.
(c) It is not a defense to a prosecution for an offense involving a controlled substance analog that the substance's packaging declares that the substance is not for human consumption.
As added by P.L.225-2003, SEC.2. Amended by P.L.80-2019, SEC.22; P.L.156-2020, SEC.133.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-1.1. Dealing in Methamphetamine

Sec. 1.1. (a) A person who:
(1) knowingly or intentionally:
(A) delivers; or
(B) finances the delivery of;
methamphetamine, pure or adulterated; or
(2) possesses, with intent to:
(A) deliver; or
(B) finance the delivery of;
methamphetamine, pure or adulterated;
commits dealing in methamphetamine, a Level 5 felony, except as provided in subsections (b) through (e).
(b) A person may be convicted of an offense under subsection (a)(2) only if:
(1) there is evidence in addition to the weight of the drug that the person intended to deliver or finance the delivery of the drug; or
(2) the amount of the drug involved is at least twenty-eight (28) grams.
(c) The offense is a Level 4 felony if:
(1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or
(2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies.
(d) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies.
(e) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least ten (10) grams; or
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies.
As added by P.L.151-2006, SEC.23. Amended by P.L.158-2013, SEC.623; P.L.168-2014, SEC.92; P.L.226-2014(ts), SEC.7; P.L.44-2016, SEC.3; P.L.252-2017, SEC.22.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-1.2. Manufacturing Methamphetamine

Sec. 1.2. (a) A person who knowingly or intentionally manufactures or finances the manufacture of methamphetamine, pure or adulterated, commits manufacturing methamphetamine, a Level 4 felony, except as provided in subsections (b) and (c).
(b) The offense is a Level 3 felony if:
(1) the amount of the drug involved is at least five (5) grams but less than ten (10) grams; or
(2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies.
(c) The offense is a Level 2 felony if:
(1) the amount of the drug involved is at least ten (10) grams;
(2) the amount of the drug involved is at least five (5) grams but less than ten (10) grams and an enhancing circumstance applies;
(3) the manufacture of the drug results in serious bodily injury to a person other than the manufacturer; or
(4) the manufacture of the drug results in the death of a person other than the manufacturer.
As added by P.L.252-2017, SEC.23.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 4. Offenses Relating to Controlled Substances › 35-48-4-1.5. Dealing in a Controlled Substance by a Practitioner

Sec. 1.5. A practitioner (as defined by IC 16-42-19-5) who knowingly or intentionally prescribes a schedule I, II, III, IV, or V controlled substance without a legitimate medical purpose commits dealing in a controlled substance by a practitioner, a Level 4 felony. However, the offense is a Level 3 felony if the offense is the proximate cause of another person's death.
As added by P.L.31-2016, SEC.2.