CRIMINAL LAWAND PROCEDURE
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Chapter 1. Definitions.
35-48-1-0.1. Application of amendments.
35-48-1-2.
Application of definitions.
35-48-1-3.
“Administer” defined.
35-48-1-5.
“Agent” defined.
35-48-1-6.
“Board” defined.
35-48-1-7.
“Cocaine” defined.
35-48-1-9.
“Controlled substance” defined.
35-48-1-9.3. “Controlled substance analog” defined.
35-48-1-10.
“Counterfeit substance” defined.
35-48-1-11.
“Delivery” defined.
35-48-1-12.
“Dispense” defined.
35-48-1-13.
“Dispenser” defined.
35-48-1-14.
“Distribute” defined.
35-48-1-15.
“Distributor” defined.
35-48-1-16.
“Drug” defined.
35-48-1-16.4. “Drug offense” defined.
35-48-1-16.5. “Enhancing circumstance” defined.
35-48-1-17.
“Immediate precursor” defined.
35-48-1-18.
“Manufacture” defined.
35-48-1-19.
“Marijuana” defined.
35-48-1-20.
“Narcotic drug” defined.
35-48-1-21.
“Opiate” defined.
35-48-1-22.
“Opium poppy” defined.
35-48-1-23.
“Poppy straw” defined.
35-48-1-24.
“Practitioner” defined.
35-48-1-25.
“Prescription drug” defined.
35-48-1-26.
“Production” defined.
35-48-1-26.5. “Sale to a minor” defined.
35-48-1-27.
“Ultimate user” defined.
35-48-1-0.1. Application of amendments.
The addition of section 9.3 of this chapter by
P.L.225-2003 applies only to a controlled sub-
stance offense under IC 35-48-4 that occurs after
June 30, 2003.
35-48-1-2. Application of definitions.
The definitions in this chapter apply through-
out this article.
35-48-1-3. “Administer” defined.
“Administer” means the direct application of
a controlled substance, whether by injection,
inhalation, ingestion, or any other means, to the
body of a patient or research subject by:
(1) A practitioner or by his authorized
agent; or
(2) The patient or research subject at the
direction and in the presence of the prac-
titioner.
35-48-1-5. “Agent” defined.
“Agent” means an authorized person who acts
on behalf of, or at the direction of, a manufacturer,
distributor, or dispenser, but it does not include a
common or contract carrier, public warehouseman,
or employee of the carrier or warehouseman.
35-48-1-6. “Board” defined.
“Board” refers to the Indiana state board of
pharmacy.
35-48-1-7. “Cocaine” defined.
“Cocaine” includes coca leaves and any salt,
compound, or derivative of coca leaves, and any
salt, compound, isomer, derivative, or preparation
which is chemically equivalent or identical to
any of these substances. However, decocainized
coca leaves or extraction of coca leaves that do not
contain cocaine or ecgonine are not included.
35-48-1-9. “Controlled substance” defined.
“Controlled substance” means a drug, sub-
stance, or immediate precursor in schedule I, II,
III, IV, or V under:
(1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-
2-8, IC 35-48-2-10, or IC 35-48-2-12, if IC
35-48-2-14 does not apply; or
(2) A rule adopted by the board, if IC 35-
48-2-14 applies.
35-48-1-9.3. “Controlled substance analog”
defined.
(a) “Controlled substance analog” means a
substance:
(1) the chemical structure of which is sub-
stantially similar to that of a controlled
substance included in schedule I or II and
that has; or
(2) that a person represents or intends to
have;
a narcotic, stimulant, depressant, or hallucino-
genic effect on the central nervous system sub-
stantially similar to or greater than the narcotic,
stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled sub-
stance in schedule I or II.
(b) The definition set forth in subsection (a)
does not include:
(1) a controlled substance;
