CHAPTER 1. DEFINITIONS
IC 35-48
ARTICLE 48. CONTROLLED SUBSTANCES
IC 35-48-1
Chapter 1. Definitions
IC 35-48-1-1
Repealed
(Repealed by P.L.5-1988, SEC.208.)
IC 35-48-1-2
Definitions; application
Sec. 2. The definitions in this chapter apply throughout this
article.
As added by P.L.5-1988, SEC.182.
IC 35-48-1-3
"Administer" defined
Sec. 3. "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 practitioner.
As added by P.L.5-1988, SEC.183.
IC 35-48-1-4
Repealed
(Repealed by P.L.84-2010, SEC.102.)
IC 35-48-1-5
"Agent" defined
Sec. 5. "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.
As added by P.L.5-1988, SEC.185.
IC 35-48-1-6
"Board" defined
Sec. 6. "Board" refers to the Indiana state board of pharmacy.
As added by P.L.5-1988, SEC.186.
IC 35-48-1-7
"Cocaine" defined
Sec. 7. "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.
As added by P.L.5-1988, SEC.187.
IC 35-48-1-8
Repealed
(Repealed by P.L.3-1989, SEC.224.)
IC 35-48-1-9
"Controlled substance" defined
Sec. 9. "Controlled substance" means a drug, substance, 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.
As added by P.L.5-1988, SEC.189.
IC 35-48-1-9.3
"Controlled substance analog" defined
Sec. 9.3. (a) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially 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 hallucinogenic effect on the
central nervous system substantially similar to or greater than the
narcotic, stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance included in
schedule I or II.
(b) The definition set forth in subsection (a) does not include:
(1) a controlled substance;
(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 exemption; or
(4) a substance to the extent not intended for human
consumption before an exemption takes effect regarding the
substance.
As added by P.L.225-2003, SEC.1.
IC 35-48-1-10
"Counterfeit substance" defined
Sec. 10. "Counterfeit substance" means a controlled substance
which, or the container or labeling of which, without authorization,
bears the trademark, 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 in fact
manufactured, distributed, or dispensed the substance.
As added by P.L.5-1988, SEC.190.
IC 35-48-1-11
"Delivery" defined
Sec. 11. "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).
As added by P.L.5-1988, SEC.191. Amended by P.L.165-1990,
SEC.1.
IC 35-48-1-12
"Dispense" defined
Sec. 12. "Dispense" means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner and includes the prescribing, administering,
packaging, labeling, or compounding necessary to prepare the
substance for that delivery.
As added by P.L.5-1988, SEC.192.
IC 35-48-1-13
"Dispenser" defined
Sec. 13. "Dispenser" means a practitioner who dispenses.
As added by P.L.5-1988, SEC.193.
IC 35-48-1-14
"Distribute" defined
Sec. 14. "Distribute" means to deliver other than by administering
or dispensing a controlled substance.
As added by P.L.5-1988, SEC.194.
IC 35-48-1-15
"Distributor" defined
Sec. 15. "Distributor" means a person who distributes.
As added by P.L.5-1988, SEC.195.
IC 35-48-1-16
"Drug" defined
Sec. 16. "Drug" has the meaning set forth in IC 16-42-19-2. It
does not include devices or their components, parts, or accessories,
nor does it include food.
As added by P.L.5-1988, SEC.196. Amended by P.L.2-1993,
SEC.190.
IC 35-48-1-17
"Immediate precursor" defined
Sec. 17. "Immediate precursor" means a substance which the
board has found to be and by rule designates as being the principal
compound commonly used or produced primarily for use, and which
is an immediate chemical intermediate used or likely to be used in
the manufacture of a controlled substance, the control of which is
necessary to prevent, curtail, or limit manufacture.
As added by P.L.5-1988, SEC.197.
IC 35-48-1-18
"Manufacture" defined
Sec. 18. "Manufacture" means:
(1) the production, preparation, propagation, compounding,
conversion, or processing of a controlled substance, either
directly or indirectly by extraction from substances of natural
origin, independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and includes
any packaging or repackaging of the substance or labeling or
relabeling of its container. It does not include the preparation,
compounding, packaging, or labeling of a controlled substance:
(A) by a practitioner as an incident to his administering or
dispensing of a controlled substance in the course of his
professional practice; or
(B) by a practitioner, or by his authorized agent under his
supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis and not for sale; or
(2) the organizing or supervising of an activity described in
subdivision (1).
As added by P.L.5-1988, SEC.198. Amended by P.L.165-1990,
SEC.2; P.L.17-2001, SEC.18.
IC 35-48-1-19
"Marijuana" defined
Sec. 19. "Marijuana" means any part of the plant genus Cannabis
whether growing or not; the seeds thereof; the resin extracted from
any part of the plant, including hashish and hash oil; any compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds or resin. It does not include the mature stalks of the plant; fiber
produced from the stalks; oil or cake made from the seeds of the
plant; any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
therefrom); or the sterilized seed of the plant which is incapable of
germination.
As added by P.L.5-1988, SEC.199.
IC 35-48-1-20
"Narcotic drug" defined
Sec. 20. "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate.
(2) Any salt, compound, isomer, derivative, or preparation
thereof which is chemically equivalent or identical to any of the
substances referred to in subdivision (1) of this definition, but
not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
As added by P.L.5-1988, SEC.200.
IC 35-48-1-21
"Opiate" defined
Sec. 21. "Opiate" means a substance having an addiction-forming
or addiction-sustaining liability similar 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 include its racemic and levorotatory forms.
As added by P.L.5-1988, SEC.201.
IC 35-48-1-22
"Opium poppy" defined
Sec. 22. "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
As added by P.L.5-1988, SEC.202.
IC 35-48-1-23
"Poppy straw" defined
Sec. 23. "Poppy straw" means any part, except the seeds, of the
opium poppy, after mowing.
As added by P.L.5-1988, SEC.203.
IC 35-48-1-24
"Practitioner" defined
Sec. 24. "Practitioner" means a physician, dentist, veterinarian,
scientific investigator, pharmacy, hospital, or other institution or
individual licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to, or administer a controlled
substance in the course of professional practice or research in
Indiana.
As added by P.L.5-1988, SEC.204.
IC 35-48-1-25
"Prescription drug" defined
Sec. 25. "Prescription drug" means a controlled substance or a
legend drug (as defined in IC 16-18-2-199).
As added by P.L.5-1988, SEC.205. Amended by P.L.2-1993,
SEC.191.
IC 35-48-1-26
"Production" defined
Sec. 26. "Production" includes the manufacture, planting,
cultivation, growing, or harvesting of a controlled substance.
As added by P.L.5-1988, SEC.206.
IC 35-48-1-27
"Ultimate user" defined
Sec. 27. "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 person's household.
As added by P.L.5-1988, SEC.207.