Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
 05/14/2008 12:39:10 AM EDT
IC 35-48-4
     Chapter 4. Offenses Relating to Controlled Substances

IC 35-48-4-0.5
Controlled substance analog; schedule I controlled substance
     Sec. 0.5. For purposes of this chapter, a "controlled substance analog" is considered to be a controlled substance in schedule I if the analog is in whole or in part intended for human consumption.
As added by P.L.225-2003, SEC.2.

IC 35-48-4-1
Dealing in cocaine or narcotic drug
     Sec. 1. (a) A person who:
        (1) knowingly or intentionally:
            (A) manufactures;
            (B) finances the manufacture of;
            (C) delivers; or
            (D) finances the delivery of;
        cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or
        (2) possesses, with intent to:
            (A) manufacture;
            (B) finance the manufacture of;
            (C) deliver; or
            (D) finance the delivery of;
        cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II;
commits dealing in cocaine or a narcotic drug, a Class B felony, except as provided in subsection (b).
    (b) The offense is a Class A felony if:
        (1) the amount of the drug involved weighs three (3) grams or more;
        (2) the person:
            (A) delivered; or
            (B) financed the delivery of;
        the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or
        (3) the person manufactured, delivered, or financed the delivery of the drug:
            (A) on a school bus; or
            (B) in, on, or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.96; Acts 1979, P.L.303, SEC.8; P.L.296-1987, SEC.5; P.L.165-1990, SEC.3; P.L.296-1995, SEC.3; P.L.65-1996, SEC.11; P.L.17-2001, SEC.19; P.L.151-2006, SEC.22.

IC 35-48-4-1.1
Dealing in methamphetamine
     Sec. 1.1. (a) A person who:
        (1) knowingly or intentionally:
            (A) manufactures;
            (B) finances the manufacture of;
            (C) delivers; or
            (D) finances the delivery of;
        methamphetamine, pure or adulterated; or
        (2) possesses, with intent to:
            (A) manufacture;
            (B) finance the manufacture of;
            (C) deliver; or
            (D) finance the delivery of;
        methamphetamine, pure or adulterated;
commits dealing in methamphetamine, a Class B felony, except as provided in subsection (b).
    (b) The offense is a Class A felony if:
        (1) the amount of the drug involved weighs three (3) grams or more;
        (2) the person:
            (A) delivered; or
            (B) financed the delivery of;
        the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or
        (3) the person manufactured, delivered, or financed the delivery of the drug:
            (A) on a school bus; or
            (B) in, on, or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center.
As added by P.L.151-2006, SEC.23.

IC 35-48-4-2
Dealing in a schedule I, II, or III controlled substance
     Sec. 2. (a) A person who:
        (1) knowingly or intentionally:
            (A) manufactures;
            (B) finances the manufacture of;
            (C) delivers; or
            (D) finances the delivery of;
        a controlled substance, pure or adulterated, classified in schedule I, II, or III, except marijuana, hash oil, or hashish; or
        (2) possesses, with intent to:
            (A) manufacture;
            (B) finance the manufacture of;
            (C) deliver; or
            (D) finance the delivery of;

        a controlled substance, pure or adulterated, classified in schedule I, II, or III, except marijuana, hash oil, or hashish;
commits dealing in a schedule I, II, or III controlled substance, a Class B felony, except as provided in subsection (b).
    (b) The offense is a Class A felony if:
        (1) the person:
            (A) delivered; or
            (B) financed the delivery of;
        the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or
        (2) the person delivered or financed the delivery of the substance:
            (A) on a school bus; or
            (B) in, on, or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.97; Acts 1979, P.L.303, SEC.9; P.L.296-1987, SEC.6; P.L.165-1990, SEC.4; P.L.296-1995, SEC.4; P.L.65-1996, SEC.12; P.L.17-2001, SEC.20.

IC 35-48-4-3
Dealing in a schedule IV controlled substance
     Sec. 3. (a) A person who:
        (1) knowingly or intentionally:
            (A) manufactures;
            (B) finances the manufacture of;
            (C) delivers; or
            (D) finances the delivery of;
        a controlled substance, pure or adulterated, classified in schedule IV; or
        (2) possesses, with intent to manufacture or deliver, a controlled substance, pure or adulterated, classified in schedule IV;
commits dealing in a schedule IV controlled substance, a Class C felony, except as provided in subsection (b).
    (b) The offense is a Class B felony if:
        (1) the person:
            (A) delivered; or
            (B) financed the delivery of;
        the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or
        (2) the person delivered or financed the delivery of the substance:
            (A) on a school bus; or
            (B) in, on, or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or

                (iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.98; P.L.296-1987, SEC.7; P.L.165-1990, SEC.5; P.L.296-1995, SEC.5; P.L.65-1996, SEC.13; P.L.17-2001, SEC.21.

IC 35-48-4-4
Dealing in a schedule V controlled substance
     Sec. 4. (a) A person who:
        (1) knowingly or intentionally:
            (A) manufactures;
            (B) finances the manufacture of;
            (C) delivers; or
            (D) finances the delivery of;
        a controlled substance, pure or adulterated, classified in schedule V; or
        (2) possesses, with intent to:
            (A) manufacture;
            (B) finance the manufacture of;
            (C) deliver; or
            (D) finance the delivery of;
        a controlled substance, pure or adulterated, classified in schedule V;
commits dealing in a schedule V controlled substance, a Class D felony, except as provided in subsection (b).
    (b) The offense is a Class B felony if:
        (1) the person:
            (A) delivered; or
            (B) financed the delivery of;
        the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or
        (2) the person delivered or financed the delivery of the substance:
            (A) on a school bus; or
            (B) in, on, or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.99; P.L.296-1987, SEC.8; P.L.165-1990, SEC.6; P.L.296-1995, SEC.6; P.L.65-1996, SEC.14; P.L.17-2001, SEC.22.

IC 35-48-4-4.1
Dumping controlled substance waste
     Sec. 4.1. (a) A person who dumps, discharges, discards, transports, or otherwise disposes of:
        (1) chemicals, knowing the chemicals were used in the illegal manufacture of a controlled substance or an immediate precursor; or
        (2) waste, knowing that the waste was produced from the illegal

manufacture of a controlled substance or an immediate precursor;
commits dumping controlled substance waste, a Class D felony.
    (b) It is not a defense in a prosecution under subsection (a) that the person did not manufacture the controlled substance or immediate precursor.
As added by P.L.17-2001, SEC.23.

IC 35-48-4-4.5
Dealing in a substance represented to be a controlled substance
     Sec. 4.5. (a) A person who knowingly or intentionally delivers or finances the delivery of any substance, other than a controlled substance or a drug for which a prescription is required under federal or state law, that:
        (1) is expressly or impliedly represented to be a controlled substance;
        (2) is distributed under circumstances that would lead a reasonable person to believe that the substance is a controlled substance; or
        (3) by overall dosage unit appearance, including shape, color, size, markings, or lack of markings, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe the substance is a controlled substance;
commits dealing in a substance represented to be a controlled substance, a Class D felony.
    (b) In determining whether representations have been made, subject to subsection (a)(1), or whether circumstances of distribution exist, subject to subsection (a)(2), the trier of fact may consider, in addition to other relevant factors, the following:
        (1) Statements made by the owner or other person in control of the substance, concerning the substance's nature, use, or effect.
        (2) Statements made by any person, to the buyer or recipient of the substance, that the substance may be resold for profit.
        (3) Whether the substance is packaged in a manner uniquely used for the illegal distribution of controlled substances.
        (4) Whether:
            (A) the distribution included an exchange of, or demand for, money or other property as consideration; and
            (B) the amount of the consideration was substantially greater than the reasonable retail market value of the substance.
As added by Acts 1981, P.L.305, SEC.1. Amended by P.L.210-1986, SEC.1; P.L.165-1990, SEC.7.

IC 35-48-4-4.6
Unlawful manufacture, distribution, or possession of counterfeit substance
     Sec. 4.6. (a) A person who knowingly or intentionally:
        (1) manufactures;
        (2) finances the manufacture of;

        (3) advertises;
        (4) distributes; or
        (5) possesses with intent to manufacture, finance the manufacture of, advertise, or distribute;
a substance described in section 4.5 of this chapter commits a Class C felony.
    (b) A person who knowingly or intentionally possesses a substance described in section 4.5 of this chapter commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous conviction under this section.
    (c) In any prosecution brought under this section it is not a defense that the person believed the substance actually was a controlled substance.
    (d) This section does not apply to the following:
        (1) The manufacture, financing the manufacture of, processing, packaging, distribution, or sale of noncontrolled substances to licensed medical practitioners for use as placebos in professional practice or research.
        (2) Persons acting in the course and legitimate scope of their employment as law enforcement officers.
        (3) The retention of production samples of noncontrolled substances produced before September 1, 1986, where such samples are required by federal law.
As added by P.L.210-1986, SEC.2. Amended by P.L.165-1990, SEC.8; P.L.150-1999, SEC.1; P.L.225-2003, SEC.3.

IC 35-48-4-5
Dealing in a counterfeit substance
     Sec. 5. A person who:
        (1) knowingly or intentionally:
            (A) creates;
            (B) delivers; or
            (C) finances the delivery of;
        a counterfeit substance; or
        (2) possesses, with intent to:
            (A) deliver; or
            (B) finance the delivery of;
        a counterfeit substance;
commits dealing in a counterfeit substance, a Class D felony.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.100; P.L.165-1990, SEC.9.

IC 35-48-4-6
Possession of cocaine or narcotic drug
     Sec. 6. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses cocaine (pure or adulterated) or a narcotic drug (pure or adulterated) classified in schedule I or II, commits possession of cocaine or a narcotic drug, a Class D felony, except as provided in subsection (b).

    (b) The offense is:
        (1) a Class C felony if:
            (A) the amount of the drug involved (pure or adulterated) weighs three (3) grams or more; or
            (B) the person was also in possession of a firearm (as defined in IC 35-47-1-5);
        (2) a Class B felony if the person in possession of the cocaine or narcotic drug possesses less than three (3) grams of pure or adulterated cocaine or a narcotic drug:
            (A) on a school bus; or
            (B) in, on, or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center; and
        (3) a Class A felony if the person possesses the cocaine or narcotic drug in an amount (pure or adulterated) weighing at least three (3) grams:
            (A) on a school bus; or
            (B) in, on, or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.101; Acts 1979, P.L.303, SEC.10; P.L.138-1983, SEC.3; P.L.296-1987, SEC.9; P.L.296-1995, SEC.7; P.L.65-1996, SEC.15; P.L.188-1999, SEC.7; P.L.17-2001, SEC.24; P.L.151-2006, SEC.24.

IC 35-48-4-6.1
Possession of methamphetamine
     Sec. 6.1. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses methamphetamine (pure or adulterated) commits possession of methamphetamine, a Class D felony, except as provided in subsection (b).
    (b) The offense is:
        (1) a Class C felony if:
            (A) the amount of the drug involved (pure or adulterated) weighs three (3) grams or more; or
            (B) the person was also in possession of a firearm (as defined in IC 35-47-1-5);
        (2) a Class B felony if the person in possession of the methamphetamine possesses less than three (3) grams of pure or adulterated methamphetamine:
            (A) on a school bus; or
            (B) in, on, or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;

                (iii) a family housing complex; or
                (iv) a youth program center; and
        (3) a Class A felony if the person possesses the methamphetamine in an amount (pure or adulterated) weighing at least three (3) grams:
            (A) on a school bus; or
            (B) in, on, or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center.
As added by P.L.151-2006, SEC.25.

IC 35-48-4-7
Possession of a controlled substance; obtaining a schedule V controlled substance
     Sec. 7. (a) A person who, without a valid prescription or order of a practitioner acting in the course of his professional practice, knowingly or intentionally possesses a controlled substance (pure or adulterated) classified in schedule I, II, III, or IV, except marijuana or hashish, commits possession of a controlled substance, a Class D felony. However, the offense is a Class C felony if the person in possession of the controlled substance possesses the controlled substance:
        (1) on a school bus; or
        (2) in, on, or within one thousand (1,000) feet of:
            (A) school property;
            (B) a public park;
            (C) a family housing complex; or
            (D) a youth program center.
    (b) A person who, without a valid prescription or order of a practitioner acting in the course of his professional practice, knowingly or intentionally obtains:
        (1) more than four (4) ounces of schedule V controlled substances containing codeine in any given forty-eight (48) hour period unless pursuant to a prescription;
        (2) a schedule V controlled substance pursuant to written or verbal misrepresentation; or
        (3) possession of a schedule V controlled substance other than by means of a prescription or by means of signing an exempt narcotic register maintained by a pharmacy licensed by the Indiana state board of pharmacy;
commits a Class D felony.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.102; P.L.138-1983, SEC.4; P.L.327-1985, SEC.4; P.L.296-1987, SEC.10; P.L.296-1995, SEC.8; P.L.65-1996, SEC.16; P.L.17-2001, SEC.25.

IC 35-48-4-8
Repealed

    (Repealed by Acts 1980, P.L.115, SEC.5.)

IC 35-48-4-8.1
Manufacture of paraphernalia
     Sec. 8.1. (a) A person who manufactures, finances the manufacture of, or designs an instrument, a device, or other object that is intended to be used primarily for:
        (1) introducing into the human body a controlled substance;
        (2) testing the strength, effectiveness, or purity of a controlled substance; or
        (3) enhancing the effect of a controlled substance;
in violation of this chapter commits a Class A infraction for manufacturing paraphernalia.
    (b) A person who:
        (1) knowingly or intentionally violates this section; and
        (2) has a previous judgment for violation of this section;
commits manufacture of paraphernalia, a Class D felony.
As added by Acts 1980, P.L.115, SEC.2. Amended by P.L.202-1989, SEC.3; P.L.165-1990, SEC.10.

IC 35-48-4-8.2
Repealed
     (Repealed by P.L.1-1991, SEC.205.)

IC 35-48-4-8.3
Possession of paraphernalia
     Sec. 8.3. (a) A person who possesses a raw material, an instrument, a device, or other object that the person intends to use for:
        (1) introducing into the person's body a controlled substance;
        (2) testing the strength, effectiveness, or purity of a controlled substance; or
        (3) enhancing the effect of a controlled substance;
in violation of this chapter commits a Class A infraction for possessing paraphernalia.
    (b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated judgment or conviction under this section.
    (c) A person who recklessly possesses a raw material, an instrument, a device, or other object that is to be used primarily for:
        (1) introducing into the person's body a controlled substance;
        (2) testing the strength, effectiveness, or purity of a controlled substance; or
        (3) enhancing the effect of a controlled substance;
in violation of this chapter commits reckless possession of paraphernalia, a Class B misdemeanor. However, the offense is a Class D felony if the person has a previous judgment or conviction under this section.
As added by Acts 1980, P.L.115, SEC.4. Amended by P.L.202-1989,

SEC.5; P.L.166-1990, SEC.2; P.L.58-2003, SEC.1.

IC 35-48-4-8.5
Dealing in paraphernalia
     Sec. 8.5. (a) A person who keeps for sale, offers for sale, delivers, or finances the delivery of a raw material, an instrument, a device, or other object that is intended to be or that is designed or marketed to be used primarily for:
        (1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, or a controlled substance;
        (2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, or a controlled substance;
        (3) enhancing the effect of a controlled substance;
        (4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, or a controlled substance;
        (5) diluting or adulterating marijuana, hash oil, hashish, or a controlled substance by individuals; or
        (6) any purpose announced or described by the seller that is in violation of this chapter;
commits a Class A infraction for dealing in paraphernalia.
    (b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated judgment or conviction under this section.
    (c) A person who recklessly keeps for sale, offers for sale, or delivers an instrument, a device, or other object that is to be used primarily for:
        (1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, or a controlled substance;
        (2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, or a controlled substance;
        (3) enhancing the effect of a controlled substance;
        (4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, or a controlled substance;
        (5) diluting or adulterating marijuana, hash oil, hashish, or a controlled substance by individuals; or
        (6) any purpose announced or described by the seller that is in violation of this chapter;
commits reckless dealing in paraphernalia, a Class B misdemeanor. However, the offense is a Class D felony if the person has a previous judgment or conviction under this section.
    (d) This section does not apply to the following:
        (1) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of marijuana, hash oil, hashish, or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.
        (2) Items marketed for or historically and customarily used in connection with the planting, propagating, cultivating, growing,

harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.
As added by P.L.1-1991, SEC.206. Amended by P.L.58-2003, SEC.2.

IC 35-48-4-9
Repealed
     (Repealed by Acts 1980, P.L.115, SEC.5.)

IC 35-48-4-10
Dealing in marijuana, hash oil, or hashish
     Sec. 10. (a) A person who:
        (1) knowingly or intentionally:
            (A) manufactures;
            (B) finances the manufacture of;
            (C) delivers; or
            (D) finances the delivery of;
        marijuana, hash oil, or hashish, pure or adulterated; or
        (2) possesses, with intent to:
            (A) manufacture;
            (B) finance the manufacture of;
            (C) deliver; or
            (D) finance the delivery of;
        marijuana, hash oil, or hashish, pure or adulterated;
commits dealing in marijuana, hash oil, or hashish, a Class A misdemeanor, except as provided in subsection (b).
    (b) The offense is:
        (1) a Class D felony if:
            (A) the recipient or intended recipient is under eighteen (18) years of age;
            (B) the amount involved is more than thirty (30) grams but less than ten (10) pounds of marijuana or two (2) grams but less than three hundred (300) grams of hash oil or hashish; or
            (C) the person has a prior conviction of an offense involving marijuana, hash oil, or hashish; and
        (2) a Class C felony if the amount involved is ten (10) pounds or more of marijuana or three hundred (300) or more grams of hash oil or hashish or the person delivered or financed the delivery of marijuana, hash oil, or hashish:
            (A) on a school bus; or
            (B) in, on, or within one thousand (1,000) feet of:
                (i) school property;
                (ii) a public park;
                (iii) a family housing complex; or
                (iv) a youth program center.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.105; Acts 1979, P.L.303, SEC.11; Acts 1982, P.L.204, SEC.38; P.L.296-1987, SEC.11; P.L.165-1990, SEC.12;

P.L.296-1995, SEC.9; P.L.65-1996, SEC.17; P.L.17-2001, SEC.26.

IC 35-48-4-11
Possession of marijuana, hash oil, or hashish
     Sec. 11. A person who:
        (1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, or hashish;
        (2) knowingly or intentionally grows or cultivates marijuana; or
        (3) knowing that marijuana is growing on his premises, fails to destroy the marijuana plants;
commits possession of marijuana, hash oil, or hashish, a Class A misdemeanor. However, the offense is a Class D felony (i) if the amount involved is more than thirty (30) grams of marijuana or two (2) grams of hash oil or hashish, or (ii) if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.106; Acts 1979, P.L.303, SEC.12; P.L.138-1983, SEC.5.

IC 35-48-4-12
Conditional discharge for possession as first offense
     Sec. 12. If a person who has no prior conviction of an offense under this article or under a law of another jurisdiction relating to controlled substances pleads guilty to possession of marijuana or hashish as a Class A misdemeanor, the court, without entering a judgment of conviction and with the consent of the person, may defer further proceedings and place him in the custody of the court under such conditions as the court determines. Upon violation of a condition of the custody, the court may enter a judgment of conviction. However, if the person fulfills the conditions of the custody, the court shall dismiss the charges against him. There may be only one (1) dismissal under this section with respect to a person.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.107.

IC 35-48-4-13
Visiting or maintaining a common nuisance
     Sec. 13. (a) A person who knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any person to unlawfully use a controlled substance commits visiting a common nuisance, a Class B misdemeanor.
    (b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used one (1) or more times:
        (1) by persons to unlawfully use controlled substances; or
        (2) for unlawfully:
            (A) manufacturing;
            (B) keeping;
            (C) offering for sale;
            (D) selling;
            (E) delivering; or

            (F) financing the delivery of;
        controlled substances, or items of drug paraphernalia as described in IC 35-48-4-8.5;
commits maintaining a common nuisance, a Class D felony.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.108; P.L.210-1986, SEC.4; P.L.165-1990, SEC.13; P.L.1-1991, SEC.207; P.L.31-1998, SEC.11; P.L.17-2001, SEC.27.

IC 35-48-4-13.3
Taking juvenile or endangered adult to location used for drug sale, manufacture, or possession
     Sec. 13.3. A person who recklessly, knowingly, or intentionally takes a person less than eighteen (18) years of age or an endangered adult (as defined in IC 12-10-3-2) into a building, structure, vehicle, or other place that is being used by any person to:
        (1) unlawfully possess drugs or controlled substances; or
        (2) unlawfully:
            (A) manufacture;
            (B) keep;
            (C) offer for sale;
            (D) sell;
            (E) deliver; or
            (F) finance the delivery of;
        drugs or controlled substances;
commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this section.
As added by P.L.225-2003, SEC.4.

IC 35-48-4-14
Offenses relating to registration labeling and prescription forms
     Sec. 14. (a) A person who:
        (1) is subject to IC 35-48-3 and who recklessly, knowingly, or intentionally distributes or dispenses a controlled substance in violation of IC 35-48-3;
        (2) is a registrant and who recklessly, knowingly, or intentionally:
            (A) manufactures; or
            (B) finances the manufacture of;
        a controlled substance not authorized by his registration or distributes or dispenses a controlled substance not authorized by his registration to another registrant or other authorized person;
        (3) recklessly, knowingly, or intentionally fails to make, keep, or furnish a record, a notification, an order form, a statement, an invoice, or information required under this article; or
        (4) recklessly, knowingly, or intentionally refuses entry into any premises for an inspection authorized by this article;
commits a Class D felony.
    (b) A person who knowingly or intentionally:
        (1) distributes as a registrant a controlled substance classified

in schedule I or II, except under an order form as required by IC 35-48-3;
        (2) uses in the course of the:
            (A) manufacture of;
            (B) the financing of the manufacture of; or
            (C) distribution of;
        a controlled substance a federal or state registration number that is fictitious, revoked, suspended, or issued to another person;
        (3) furnishes false or fraudulent material information in, or omits any material information from, an application, report, or other document required to be kept or filed under this article; or
        (4) makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or a likeness of any of the foregoing on a drug or container or labeling thereof so as to render the drug a counterfeit substance;
commits a Class D felony.
    (c) A person who knowingly or intentionally acquires possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, alteration of a prescription order, concealment of a material fact, or use of a false name or false address commits a Class D felony. However, the offense is a Class C felony if the person has a prior conviction of an offense under this subsection.
    (d) A person who knowingly or intentionally affixes any false or forged label to a package or receptacle containing a controlled substance commits a Class D felony. However, the offense is a Class C felony if the person has a prior conviction of an offense under this subsection. This subsection does not apply to law enforcement agencies or their representatives while engaged in enforcing IC 16-42-19 or this chapter (or IC 16-6-8 before its repeal).
    (e) A person who duplicates, reproduces, or prints any prescription pads or forms without the prior written consent of a practitioner commits a Class D felony. However, the offense is a Class C felony if the person has a prior conviction of an offense under this subsection. This subsection does not apply to the printing of prescription pads or forms upon a written, signed order placed by a practitioner or pharmacist, by legitimate printing companies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.109; P.L.131-1986, SEC.3; P.L.165-1990, SEC.14; P.L.2-1993, SEC.193.

IC 35-48-4-14.5
Possession or sale of drug precursors
     Sec. 14.5. (a) As used in this section, "chemical reagents or precursors" refers to one (1) or more of the following:
        (1) Ephedrine.
        (2) Pseudoephedrine.
        (3) Phenylpropanolamine.
        (4) The salts, isomers, and salts of isomers of a substance

identified in subdivisions (1) through (3).
        (5) Anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1).
        (6) Organic solvents.
        (7) Hydrochloric acid.
        (8) Lithium metal.
        (9) Sodium metal.
        (10) Ether.
        (11) Sulfuric acid.
        (12) Red phosphorous.
        (13) Iodine.
        (14) Sodium hydroxide (lye).
        (15) Potassium dichromate.
        (16) Sodium dichromate.
        (17) Potassium permanganate.
        (18) Chromium trioxide.
        (19) Benzyl cyanide.
        (20) Phenylacetic acid and its esters or salts.
        (21) Piperidine and its salts.
        (22) Methylamine and its salts.
        (23) Isosafrole.
        (24) Safrole.
        (25) Piperonal.
        (26) Hydriodic acid.
        (27) Benzaldehyde.
        (28) Nitroethane.
        (29) Gamma-butyrolactone.
        (30) White phosphorus.
        (31) Hypophosphorous acid and its salts.
        (32) Acetic anhydride.
        (33) Benzyl chloride.
        (34) Ammonium nitrate.
        (35) Ammonium sulfate.
        (36) Hydrogen peroxide.
        (37) Thionyl chloride.
        (38) Ethyl acetate.
        (39) Pseudoephedrine hydrochloride.
    (b) A person who possesses more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated, commits a Class D felony. However, the offense is a Class C felony if the person possessed:
        (1) a firearm while possessing more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated; or
        (2) more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated, in, on, or within one thousand (1,000) feet of:
            (A) school property;
            (B) a public park;
            (C) a family housing complex; or

            (D) a youth program center.
    (c) A person who possesses anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with the intent to manufacture methamphetamine or amphetamine, schedule II controlled substances under IC 35-48-2-6, commits a Class D felony. However, the offense is a Class C felony if the person possessed:
        (1) a firearm while possessing anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with intent to manufacture methamphetamine or amphetamine, schedule II controlled substances under IC 35-48-2-6; or
        (2) anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with intent to manufacture methamphetamine or amphetamine, schedule II controlled substances under IC 35-48-2-6, in, on, or within one thousand (1,000) feet of:
            (A) school property;
            (B) a public park;
            (C) a family housing complex; or
            (D) a youth program center.
    (d) Subsection (b) does not apply to a:
        (1) licensed health care provider, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier or an agent of any of these persons if the possession is in the regular course of lawful business activities; or
        (2) person who possesses more than ten (10) grams of a substance described in subsection (b) if the substance is possessed under circumstances consistent with typical medicinal or household use, including:
            (A) the location in which the substance is stored;
            (B) the possession of the substance in a variety of:
                (i) strengths;
                (ii) brands; or
                (iii) types; or
            (C) the possession of the substance:
                (i) with different expiration dates; or
                (ii) in forms used for different purposes.
    (e) A person who possesses two (2) or more chemical reagents or precursors with the intent to manufacture a controlled substance commits a Class D felony.
    (f) An offense under subsection (e) is a Class C felony if the person possessed:
        (1) a firearm while possessing two (2) or more chemical reagents or precursors with intent to manufacture a controlled substance; or
        (2) two (2) or more chemical reagents or precursors with intent to manufacture a controlled substance in, on, or within one thousand (1,000) feet of:
            (A) school property;
            (B) a public park;
            (C) a family housing complex; or
            (D) a youth program center.
    (g) A person who sells, transfers, distributes, or furnishes a chemical reagent or precursor to another person with knowledge or the intent that the recipient will use the chemical reagent or precursors to manufacture a controlled substance commits unlawful sale of a precursor, a Class D felony.
As added by P.L.150-1999, SEC.2. Amended by P.L.17-2001, SEC.28; P.L.225-2003, SEC.5; P.L.192-2005, SEC.8; P.L.151-2006, SEC.26.

IC 35-48-4-14.7
Sale and storage of drugs containing ephedrine or pseudoephedrine; application; convenience packages; age requirements; identification; record keeping; suspicious orders and unusual thefts
     Sec. 14.7. (a) This section does not apply to the following:
        (1) Ephedrine or pseudoephedrine dispensed pursuant to a prescription.
        (2) The sale of a drug containing ephedrine or pseudoephedrine to a licensed health care provider, pharmacist, retail distributor, wholesaler, manufacturer, or an agent of any of these persons if the sale occurs in the regular course of lawful business activities. However, a retail distributor, wholesaler, or manufacturer is required to report a suspicious order to the state police department in accordance with subsection (f).
        (3) The sale of a drug containing ephedrine or pseudoephedrine by a person who does not sell exclusively to walk-in customers for the personal use of the walk-in customers. However, if the person described in this subdivision is a retail distributor, wholesaler, or manufacturer, the person is required to report a suspicious order to the state police department in accordance with subsection (f).
    (b) The following definitions apply throughout this section:
        (1) "Constant video monitoring" means the surveillance by an automated camera that:
            (A) records at least one (1) photograph or digital image every ten (10) seconds;
            (B) retains a photograph or digital image for at least seventy-two (72) hours;
            (C) has sufficient resolution and magnification to permit the identification of a person in the area under surveillance; and
            (D) stores a recorded photograph or digital image at a location that is immediately accessible to a law enforcement officer.
        (2) "Convenience package" means a package that contains a drug having as an active ingredient not more than one hundred twenty (120) milligrams of ephedrine or pseudoephedrine, or both.
        (3) "Ephedrine" means pure or adulterated ephedrine.
        (4) "Pseudoephedrine" means pure or adulterated pseudoephedrine.

        (5) "Suspicious order" means a sale or transfer of a drug containing ephedrine or pseudoephedrine if the sale or transfer:
            (A) is a sale or transfer that the retail distributor, wholesaler, or manufacturer is required to report to the United States Drug Enforcement Administration;
            (B) appears suspicious to the retail distributor, wholesaler, or manufacturer in light of the recommendations contained in Appendix A of the report to the United States attorney general by the suspicious orders task force under the federal Comprehensive Methamphetamine Control Act of 1996; or
            (C) is for cash or a money order in a total amount of at least two hundred dollars ($200).
        (6) "Unusual theft" means the theft or unexplained disappearance from a particular retail store of drugs containing ten (10) grams or more of ephedrine, pseudoephedrine, or both in a twenty-four (24) hour period.
    (c) This subsection does not apply to a convenience package. A person may sell a drug that contains the active ingredient of ephedrine, pseudoephedrine, or both only if the person complies with the following conditions:
        (1) The person does not sell the drug to a person less than eighteen (18) years of age.
        (2) The person does not sell drugs containing more than three (3) grams of ephedrine or pseudoephedrine, or both in one (1) transaction.
        (3) The person requires:
            (A) the purchaser to produce a state or federal identification card;
            (B) the purchaser to complete a paper or an electronic log in a format approved by the state police department with the purchaser's name, address, and driver's license or other identification number; and
            (C) the clerk who is conducting the transaction to initial or electronically record the clerk's identification on the log.
        Records from the completion of a log must be retained for at least two (2) years. A law enforcement officer has the right to inspect and copy a log or the records from the completion of a log in accordance with state and federal law. A person may not sell or release a log or the records from the completion of a log for a commercial purpose. The Indiana criminal justice institute may obtain information concerning a log or the records from the completion of a log from a law enforcement officer if the information may not be used to identify a specific individual and is used only for statistical purposes. A retailer who in good faith releases information maintained under this subsection is immune from civil liability unless the release constitutes gross negligence or intentional, wanton, or willful misconduct. This subdivision expires June 30, 2012.
        (4) The person stores the drug:
            (A) behind a counter in an area inaccessible to a customer or

in a locked display case that makes the drug unavailable to a customer without the assistance of an employee; or
            (B) directly in front of the pharmacy counter in the direct line of sight of an employee at the pharmacy counter, in an area under constant video monitoring, if the drug is sold in a retail establishment that:
                (i) is a pharmacy; or
                (ii) contains a pharmacy that is open for business.
    (d) A person may not purchase drugs containing more than three (3) grams of ephedrine, pseudoephedrine, or both in one (1) week.
    (e) This subsection only applies to convenience packages. A person may not sell drugs containing more than one hundred twenty (120) milligrams of ephedrine or pseudoephedrine, or both in any one (1) transaction if the drugs are sold in convenience packages. A person who sells convenience packages must secure the convenience packages in at least one (1) of the following ways:
        (1) The convenience package must be stored not more than thirty (30) feet away from a checkout station or counter and must be in the direct line of sight of an employee at the checkout station or counter.
        (2) The convenience package must be protected by a reliable anti-theft device that uses package tags and detection alarms designed to prevent theft.
        (3) The convenience package must be stored in restricted access shelving that permits a purchaser to remove not more than one (1) package every fifteen (15) seconds.
        (4) The convenience package must be stored in an area that is under constant video monitoring, and a sign placed near the convenience package must warn that the area is under constant video monitoring.
    (f) A retail distributor, wholesaler, or manufacturer shall report a suspicious order to the state police department in writing.
    (g) Not later than three (3) days after the discovery of an unusual theft at a particular retail store, the retailer shall report the unusual theft to the state police department in writing. If three (3) unusual thefts occur in a thirty (30) day period at a particular retail store, the retailer shall, for at least one hundred eighty (180) days after the date of the last unusual theft, locate all drugs containing ephedrine or pseudoephedrine at that particular retail store behind a counter in an area inaccessible to a customer or in a locked display case that makes the drug unavailable to customers without the assistance of an employee.
    (h) A unit (as defined in IC 36-1-2-23) may not adopt an ordinance after February 1, 2005, that is more stringent than this section.
    (i) A person who knowingly or intentionally violates this section commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.
    (j) Before June 30, 2007, the state police department shall submit

a report to the legislative council detailing the effectiveness of this section in reducing the illicit production of methamphetamine. The report must describe the number of arrests or convictions that are attributable to the identification and logging requirements contained in this section, and must include recommendations for future action. The report must be in an electronic format under IC 5-14-6.
As added by P.L.192-2005, SEC.9. Amended by P.L.151-2006, SEC.27; P.L.186-2007, SEC.9.

IC 35-48-4-15
Driver's license and motor vehicle registration; suspension
     Sec. 15. (a) If a person is convicted of an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, or conspiracy to commit an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, and the court finds that a motor vehicle was used in the commission of the offense, the court shall, in addition to any other order the court enters, order that the person's:
        (1) operator's license be suspended;
        (2) existing motor vehicle registrations be suspended; and
        (3) ability to register motor vehicles be suspended;
by the bureau of motor vehicles for a period specified by the court of at least six (6) months but not more than two (2) years.
    (b) If a person is convicted of an offense described in subsection (a) and the person does not hold an operator's license or a learner's permit, the court shall order that the person may not receive an operator's license or a learner's permit from the bureau of motor vehicles for a period of not less than six (6) months.
As added by P.L.67-1990, SEC.13. Amended by P.L.107-1991, SEC.3; P.L.129-1993, SEC.2; P.L.64-1994, SEC.6; P.L.76-2004, SEC.23.

IC 35-48-4-16
Defenses to charge of selling narcotics near school or family housing
&BTN.In (a)(3) after "cocaine," insert in bold "a". In (a)(3) after "methamphetamine, or" insert in bold "a".
     Sec. 16. (a) For an offense under this chapter that requires proof of:
        (1) delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance;
        (2) financing the delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance; or
        (3) possession of cocaine, narcotic drug, methamphetamine, or controlled substance;
within one thousand (1,000) feet of school property, a public park, a family housing complex, or a youth program center, the person charged may assert the defense in subsection (b) or (c).
    (b) It is a defense for a person charged under this chapter with an offense that contains an element listed in subsection (a) that:
        (1) a person was briefly in, on, or within one thousand (1,000)

feet of school property, a public park, a family housing complex, or a youth program center; and
        (2) no person under eighteen (18) years of age at least three (3) years junior to the person was in, on, or within one thousand (1,000) feet of the school property, public park, family housing complex, or youth program center at the time of the offense.
    (c) It is a defense for a person charged under this chapter with an offense that contains an element listed in subsection (a) that a person was in, on, or within one thousand (1,000) feet of school property, a public park, a family housing complex, or a youth program center at the request or suggestion of a law enforcement officer or an agent of a law enforcement officer.
    (d) The defense under this section applies only to the element of the offense that requires proof that the delivery, financing of the delivery, or possession of cocaine, a narcotic drug, methamphetamine, or a controlled substance occurred in, on, or within one thousand (1,000) feet of school property, a public park, a family housing complex, or a youth program center.
As added by P.L.17-2001, SEC.29.

IC 35-48-4-17
Restitution for environmental cleanup
     Sec. 17. (a) In addition to any other penalty imposed for conviction of an offense under this chapter involving the manufacture or intent to manufacture methamphetamine, a court shall order restitution under IC 35-50-5-3 to cover the costs, if necessary, of an environmental cleanup incurred by a law enforcement agency or other person as a result of the offense.
    (b) The amount collected under subsection (a) shall be used to reimburse the law enforcement agency that assumed the costs associated with the environmental cleanup described in subsection (a).
As added by P.L.225-2003, SEC.6.

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