Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

317

35-48-1-26.6. “Smokable hemp” defined. (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 pre cursors 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. 35-48-1-27. “Ultimate user” defined. “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 per son’s household. Chapter 2. Classification of Drugs. 35-48-2-1. Duties and authority of board. 35-48-2-2. Nomenclature. 35-48-2-3. Schedule I tests. 35-48-2-4. Schedule I. 35-48-2-5. Schedule II tests. 35-48-2-6. Schedule II. 35-48-2-7. Schedule III tests. 35-48-2-8. Schedule III. 35-48-2-9. Schedule IV tests. 35-48-2-10. Schedule IV. 35-48-2-11. Schedule V tests. 35-48-2-12. Schedule V. 35-48-2-14. Reclassification of controlled substances. 35-48-2-1. Duties and authority of board (a) The board shall administer this article and may recommend to the general assembly the addi tion, deletion, or rescheduling of all substances listed in the schedules in sections 4, 6, 8, 10, and 12 of this chapter by submitting in an electronic format under IC 5-14-6 a report of such recom mendations to the legislative council. In making a determination regarding a substance, the board shall consider the following: (1) The actual or relative potential for abuse.

(2) Opium poppy and poppy straw. (3) Any compound, mixture, or preparation which contains any quantitiy of any of the substances referred to this section. 35-48-1-21. “Opiate” defined. “Opiate” or “opioid” means a drug or other substance having an addiction-forming or addic tion-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liabil ity. It does not include, unless specifically des ignated as controlled under IC 35-48-2, the dextrorotatory isomer of 3-methoxy-n-methyl morphinan and its salts (dextromethorphan). It does not include its racemic and levorotatory forms. 35-48-1-22. “Opium poppy” defined. “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds. 35-48-1-23. “Poppy straw” defined. “Poppy straw” means any part, except the seeds, of the opium poppy, after mowing. 35-48-1-24. “Practitioner” defined. “Practitioner” means a physician, dentist, vet erinarian, scientific investigator, pharmacy, hos pital, or other institution or individual licensed, registered, or otherwise permitted to distribute, dis pense, conduct research with respect to, or admin ister a controlled substance in the course of professional practice or research in Indiana. 35-48-1-25. “Prescription drug” defined. “Prescription drug” means a controlled sub stance or a legend drug (as defined in IC 16-18 2-199). 35-48-1-26. “Production” defined. “Production” includes the manufacture, plant ing, cultivation, growing, or harvesting of a con trolled substance. 35-48-1-26.5. “Sale to a minor” defined. “Sale to a minor” means delivery or financing the delivery of a drug to a person less than eight een (18) years of age and at least three (3) years junior to the person making the delivery or financ ing.