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(2) a substance for which there is an
approved new drug application;
(3) a substance for which an exemption
is in effect for investigational use by a
person under Section 505 of the federal
Food, Drug and Cosmetic Act (chapter
675, 52 Stat. 1052 (21 U.S.C. 355)), to
the extent that conduct with respect to the
substance is permitted under the exemp-
tion; or
(4) a substance to the extent not intended
for human consumption before an exemp-
tion takes effect regarding the substance.
35-48-1-10. “Counterfeit substance” defined.
“Counterfeit substance” means a controlled
substance which, or the container or labeling of
which, without authorization, bears the trade-
mark, trade name, or other identifying mark,
imprint, number, or device, or any likeness thereof,
of a manufacturer, distributor, or dispenser other
than the person who manufactured, distributed, or
dispensed the substance.
35-48-1-11. “Delivery” defined.
“Delivery” means
(1) An actual or constructive transfer from
one (1) person to another of a controlled
substance, whether or not there is an
agency relationship; or
(2) The organizing or supervising of an
activity described in subdivision (1).
35-48-1-12. “Dispense” defined.
“Dispense” means to deliver a controlled sub-
stance to an ultimate user or research subject by
or pursuant to the lawful order of a practitioner and
includes the prescribing, administering, packag-
ing, labeling, or compounding necessary to pre-
pare the substance for that delivery.
35-48-1-13. “Dispenser” defined.
“Dispenser” means a practitioner who dis-
penses.
35-48-1-14. “Distribute” defined.
“Distribute” means to deliver other than by
administering or dispensing a controlled substance.
35-48-1-15. “Distributor” defined.
“Distributor” means a person who distributes.
35-48-1-16. “Drug” defined.
“Drug” has the meaning set forth in IC 16-42-
19-2. It does not include devices or their compo-
nents, parts, or accessories, nor does it include
food.
35-48-1-16.4. “Drug offense” defined.
“Drug offense” means a felony or misde-
meanor involving the production, delivery, sale or
possession of a controlled substance.
35-48-1-16.5. “Enhancing circumstance”
defined.
“Enhancing circumstance” means one (1) or
more of the following:
(1) The person has a prior conviction, in
any jurisdiction, for dealing in a controlled
substance that is not marijuana, hashish,
hash oil, salvia divinorum, or a synthetic
drug, including an attempt or conspiracy to
commit the offense.
(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 per-
son under eighteen (18) years of
age was reasonably expected to
be present;
(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.
35-48-1-17. “Immediate precursor” defined.
“Immediate precursor” means a substance
which the board has found to be and by rule des-
