CRIMINAL LAWAND PROCEDURE
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pound, derivative, or preparation of opium
or opiate.
(2) Any salt, compound, isomer, deriva-
tive, or preparation thereof which is chem-
ically equivalent or identical to any of the
substances referred to in subdivision (1) of
this definition, but not including iso-
quinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
35-48-1-21. “Opiate” defined.
“Opiate” means a substance having an addic-
tion-forming or addiction-sustaining liability sim-
ilar to morphine or being capable of conversion
into a drug having addiction-forming or addiction-
sustaining liability. It does not include, unless
specifically designated as controlled under IC 35-
48-2, the dextrorotatory isomer of 3-methoxy-n-
methylmorphinan 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.
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) The scientific evidence of its pharma-
cological effect, if known.
(3) The state of current scientific knowl-
edge regarding the substance.
(4) The history and current pattern of
abuse.
(5) The scope, duration, and significance
of abuse.
(6) The risk to public health.
(7) The potential of the substance to pro-
