Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

329

stance under subsection (a), the board shall rec ommend the same reclassification to the general assembly under section 1 of this chapter. (c) Notwithstanding a provision in this chap ter that classifies a controlled substance in a more restrictive schedule than a rule adopted under subsection (a), a person who manufactures, dis tributes, 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 sub section (a) does not commit an offense under this article. (d) Notwithstanding a provision in this chap ter that classifies a substance as a controlled sub stance, a person does not commit an offense under this article if the board reclassified the controlled substance as a substance that is not a controlled substance. Chapter 4. Offenses Relating to Controlled Substances. 35-48-4-0.1. Application of amendments. 35-48-4-0.5. “Controlled substance analog” defined. 35-48-4-1. Dealing in cocaine or a narcotic drug. 35-48-4-1.1. Dealing in methamphetamine. 35-48-4-1.2 Manufacturing methamphetamine. 35-48-4-1.5. Dealing in a controlled substance by a practitioner. 35-48-4-2. Dealing in a Schedule I, II, or III con trolled substance. 35-48-4-3. Dealing in a Schedule IV controlled sub stance. 35-48-4-4. Dealing in a Schedule V controlled sub stance. 35-48-4-4.1. Dumping controlled substance waste. 35-48-4-4.6. Dealing or possession of a lookalike sub stance. 35-48-4-5. Dealing in a counterfeit substance. 35-48-4-6. Possession of cocaine or a narcotic drug. 35-48-4-6.1. Possession of methamphetamine. 35-48-4-7. Possession of a controlled substance.

35-48-4-12.

Conditional discharge for possession as a first offense.

35-48-4-14. Offenses relating to registration. 35-48-4-14.5. Illegal drug labs; possession or sale of precursors. 35-48-4-14.7. Restriction on sale of ephedrine and pseudoephedrine products. 35-48-4-16. Defenses within 500 feet. 35-48-4-17. Drug lab; environmental cleanup costs. 35-48-4-0.1. Application of amendments. 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 pro vided in section 13 of this chapter, as effec tive before July 1, 1998. (2) The addition of section 0.5 of this chap ter by P.L.225-2003 applies only to a con trolled substance offense under this chapter that occurs after June 30, 2003. 35-48-4-0.5. “Controlled substance analog” defined. (a) In determining whether a controlled sub stance analog has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous sys tem, or is represented or intended to have a nar cotic, 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 pharmaco logical effect of the substance, if known. (3) The state of current scientific knowl edge 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 phys iological dependence liability.

35-48-4-8.1. Manufacture of paraphernalia. 35-48-4-8.3. Possession of paraphernalia. 35-48-4-8.5. Dealing in paraphernalia. 35-48-4-10.

Dealing in marijuana, hash oil, hashish or salvia.

35-48-4-10.1 Dealing in smokable hemp. 35-48-4-11.

Possession of marijuana, hash oil, hashish or salvia.