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IC 35-48-4-1

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IC 35-48-4-1

    Indiana’s Most Commonly Used Methamphetamine Laws

IC 35-48-4-1.1 (effective July 1, 2006)

    Dealing in methamphetamine

     Sec. 1. (a) A person who:

     (1) knowingly or intentionally:

     (A) manufactures;

     (B) finances the manufacture of;

     (C) delivers; or

     (D) finances the delivery of;

     methamphetamine, pure or adulterated; or

     (2) possesses, with intent to:

     (A) manufacture;

     (B) finance the manufacture of;

     (C) deliver; or

     (D) finance the delivery of;

     methamphetamine, pure or adulterated;

    commits dealing in cocaine, a narcotic drug, or methamphetamine, a Class B felony, except as provided in subsection (b).

     (b) The offense is a Class A felony if:

     (1) the amount of the drug involved weighs three (3) grams or more;

     (2) the person:

     (A) delivered; or

     (B) financed the delivery of;

     the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or

     (3) the person manufactured, delivered or financed the delivery of the drug:

     (A) on a school bus; or

     (B) in, on, or within one thousand (1,000) feet of:

     (i) school property;

     (ii) a public park;

     (iii) a family housing complex; or

     (iv) a youth program center.

IC 35-48-4-6.1 (effective July 1, 2006)

    Possession of cocaine or narcotic drug

     Sec. 6. (a) A person who, without a valid prescription or order of a practitioner acting in the

    course of the practitioner's professional practice, knowingly or intentionally possesses methamphetamine (pure or adulterated) commits possession of methamphetamine, a Class D felony, except as provided in subsection (b).

     (b) The offense is:

     (1) a Class C felony if:

     (A) the amount of the drug involved (pure or adulterated) weighs three (3) grams or more; or

     (B) the person was also in possession of a firearm (as defined in IC 35-47-1-5); Indiana Meth Statutes 1 July 1, 2006

     (2) a Class B felony if the person in possession of the cocaine, narcotic drug, or methamphetamine possesses less than three (3) grams of pure or adulterated methamphetamine:

     (A) on a school bus; or

     (B) in, on, or within one thousand (1,000) feet of:

     (i) school property;

     (ii) a public park;

     (iii) a family housing complex; or

     (iv) a youth program center; and

     (3) a Class A felony if the person possesses the methamphetamine in an amount (pure or adulterated) weighing at least three (3) grams:

     (A) on a school bus; or

     (B) in, on, or within one thousand (1,000) feet of:

     (i) school property;

     (ii) a public park;

     (iii) a family housing complex; or

     (iv) a youth program center.

IC 35-48-4-4.1

    Dumping controlled substance waste

     Sec. 4.1. (a) A person who dumps, discharges, discards, transports, or otherwise disposes of:

     (1) chemicals, knowing the chemicals were used in the illegal manufacture of a controlled substance or an immediate precursor; or

     (2) waste, knowing that the waste was produced from the illegal manufacture of a controlled substance or an immediate precursor;

    commits dumping controlled substance waste, a Class D felony.

     (b) It is not a defense in a prosecution under subsection (a) that the person did not manufacture the controlled substance or immediate precursor.

    As added by P.L.17-2001, SEC.23.

IC 35-48-4-13.3

    Taking juvenile or endangered adult to location used for drug sale, manufacture, or possession

     Sec. 13.3. A person who recklessly, knowingly, or intentionally takes a person less than eighteen (18) years of age or an endangered adult (as defined in IC 12-10-3-2) into a building, structure, vehicle, or other place that is being used by any person to:

     (1)unlawfully possess drugs or controlled substances; or

     (2)unlawfully:

     (A) manufacture;

     (B) keep;

     (C) offer for sale;

     (D) sell;

     (E) deliver; or

     (F) finance the delivery of;

     drugs or controlled substances; commits a Class A misdemeanor. However, the offense is a Indiana Meth Statutes 2 July 1, 2006

    Class D felony if the person has a prior unrelated conviction under this section. As added by P.L.225-2003, SEC.4.

IC 35-46-1-4 (revised July 1, 2006)

    Neglect of child; child selling

     Sec. 4. (a) A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally:

     (1) places the dependent in a situation that endangers the dependent's life or health;

     (2) abandons or cruelly confines the dependent;

     (3) deprives the dependent of necessary support; or

     (4) deprives the dependent of education as required by law;

    commits neglect of a dependent, a Class D felony.

     (b) However, the offense is:

     (1) a Class C felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and:

     (A) results in bodily injury; or

     (B) is:

     (i) committed in a location where a person is violating IC 35-48-4-1 (delivery, financing, or manufacture of cocaine, methamphetamine, or a narcotic drug); or

     (ii) the result of a violation of IC 35-48-4-1 (delivery, financing, or manufacture of cocaine, methamphetamine, or a narcotic drug);

     (2) a Class B felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and results in serious bodily injury;

     (3) a Class A felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) by a person at least eighteen (18) years of age and results in the death of a dependent who is less than fourteen (14) years of age; and

     (4) a Class C felony if it is committed under subsection (a)(2) and consists of cruel or unusual confinement or abandonment.

     (c) It is a defense to a prosecution based on an alleged act under this section that:

     (1) the accused person left a dependent child who was, at the time the alleged act occurred, not more than thirty (30) days of age with an emergency medical provider who took custody of the child under IC 31-34-2.5 when:

     (A) the prosecution is based solely on the alleged act of leaving the child with the emergency medical services provider; and

     (B) the alleged act did not result in bodily injury or serious bodily injury to the child; or

     (2) the accused person, in the legitimate practice of his the accused person's religious belief,

    provided treatment by spiritual means through prayer, in lieu of medical care, to his the accused

    person's dependent.

     (d) Except for property transferred or received:

     (1) under a court order made in connection with a proceeding under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5 or IC 31-6-5 before their repeal); or

     (2) under IC 35-46-1-9(b);

    a person who transfers or receives any property in consideration for the termination of the care, custody, or control of a person's dependent child commits child selling, a Class D felony.

Indiana Meth Statutes 3 July 1, 2006

IC 35-48-4-14.5

    Possession or sale of drug precursors

     Sec. 14.5. (a) As used in this section, "chemical reagents or precursors" refers to one (1) or

    more of the following:

     (1) Ephedrine.

     (2) Pseudoephedrine.

     (3) Phenylpropanolamine.

     (4) The salts, isomers, and salts of isomers of a substance identified in subdivisions (1)

    through (3).

     (5) Anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1).

     (6) Organic solvents.

     (7) Hydrochloric acid.

     (8) Lithium metal.

     (9) Sodium metal.

     (10) Ether.

     (11) Sulfuric acid.

     (12) Red phosphorous.

     (13) Iodine.

     (14) Sodium hydroxide (lye).

     (15) Potassium dichromate.

     (16) Sodium dichromate.

     (17) Potassium permanganate.

     (18) Chromium trioxide.

     (19) Benzyl cyanide.

     (20) Phenylacetic acid and its esters or salts.

     (21) Piperidine and its salts.

     (22) Methylamine and its salts.

     (23) Isosafrole.

     (24) Safrole.

     (25) Piperonal.

     (26) Hydriodic acid.

     (27) Benzaldehyde.

     (28) Nitroethane.

     (29) Gamma-butyrolactone.

     (30) White phosphorus.

     (31) Hypophosphorous acid and its salts.

     (32) Acetic anhydride.

     (33) Benzyl chloride.

     (34) Ammonium nitrate.

     (35) Ammonium sulfate.

     (36) Hydrogen peroxide.

     (37) Thionyl chloride.

     (38) Ethyl acetate.

     (39) Pseudoephedrine hydrochloride.

     (b) A person who possesses more than ten (10) grams of ephedrine, pseudoephedrine, or

    Indiana Meth Statutes 4 July 1, 2006

    phenylpropanolamine, pure or adulterated, commits a Class D felony. However, the offense is a Class C felony if the person possessed:

     (1) a firearm while possessing more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated; or

     (2) more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated, in, on, or within one thousand (1,000) feet of:

     (A) school property;

     (B) a public park;

     (C) a family housing complex; or

     (D) a youth program center.

     (c) A person who possesses anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with the intent to manufacture methamphetamine, a schedule II controlled substance under IC 35-48-2-6, commits a Class D felony. However, the offense is a Class C felony if the person possessed:

     (1) a firearm while possessing anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with intent to manufacture methamphetamine, a schedule II controlled substance under IC 35-48-2-6; or

     (2) anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with intent to manufacture methamphetamine, a schedule II controlled substance under IC 35-48-2-6 in, on, or within one thousand (1,000) feet of:

     (A) school property;

     (B) a public park;

     (C) a family housing complex; or

     (D) a youth program center.

     (d) Subsection (b) does not apply to a:

     (1) licensed health care provider, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier or an agent of any of these persons if the possession is in the regular course of lawful business activities; or

     (2) person who possesses more than ten (10) grams of a substance described in subsection (b) if the substance is possessed under circumstances consistent with typical medicinal or household use, including:

     (A) the location in which the substance is stored;

     (B) the possession of the substance in a variety of:

     (i) strengths;

     (ii) brands; or

     (iii) types; or

     (C) the possession of the substance:

     (i) with different expiration dates; or

     (ii) in forms used for different purposes.

     (e) A person who possesses two (2) or more chemical reagents or precursors with the intent to manufacture:

     (1) Methcathinone, a schedule I controlled substance under IC 35-48-2-4;

     (2) Methamphetamine, a schedule II controlled substance under IC 35-48-2-6;

     (3) Amphetamine, a schedule II controlled substance under IC 35-48-2-6; or

     (4) Phentermine, a schedule IV controlled substance under IC 35-48-2-10; commits a Class D felony.

    Indiana Meth Statutes 5 July 1, 2006

     (f) An offense under subsection (e) is a Class C felony if the person possessed:

     (1) a firearm while possessing two (2) or more chemical reagents or precursors with intent to manufacture methamphetamine, a schedule II controlled substance under IC 35-48-2-6; or

     (2) two (2) or more chemical reagents or precursors with intent to manufacture methamphetamine, a schedule II controlled substance under IC 35-48-2-6 in, on, or within one thousand (1,000) feet of:

     (A) school property;

     (B) a public park;

     (C) a family housing complex; or

     (D) a youth program center.

     (g) A person who sells, transfers, distributes, or furnishes a chemical reagent or precursor to another person with knowledge or the intent that the recipient will use the chemical reagent or precursors to manufacture methamphetamine, methcathinone, amphetamine, or phentermine commits unlawful sale of a precursor, a Class D felony.

    As added by P.L.150-1999, SEC.2. Amended by P.L.17-2001, SEC.28; P.L.225-2003, SEC.5; P.L.192-2005, SEC.8.

IC 35-48-4-14.7

    Sale and storage of drugs containing ephedrine or pseudoephedrine; application; convenience packages; age requirements; identification; record keeping; suspicious orders and unusual thefts

     Sec. 14.7. (a) This section does not apply to the following:

     (1) Ephedrine or pseudoephedrine dispensed pursuant to a prescription.

     (2) The sale of a drug containing ephedrine or pseudoephedrine to a licensed health care provider, pharmacist, retail distributor, wholesaler, manufacturer, or an agent of any of these persons if the sale occurs in the regular course of lawful business activities. However, a retail distributor, wholesaler, or manufacturer is required to report a suspicious order to the state police department in accordance with subsection (f).

     (3) The sale of a drug containing ephedrine or pseudoephedrine by a person who does not sell exclusively to walk-in customers for the personal use of the walk-in customers. However, if the person described in this subdivision is a retail distributor, wholesaler, or manufacturer, the person is required to report a suspicious order to the state police department in accordance with subsection (f).

     (b) The following definitions apply throughout this section:

     (1) "Constant video monitoring" means the surveillance by an automated camera that:

     (A) records at least one (1) photograph or digital image every ten (10) seconds;

     (B) retains a photograph or digital image for at least seventy-two (72) hours;

     (C) has sufficient resolution and magnification to permit the identification of a person in the area under surveillance; and

     (D) stores a recorded photograph or digital image at a location that is immediately accessible to a law enforcement officer.

     (2) "Convenience package" means a package that contains a drug having as an active ingredient not more than one hundred twenty (120) milligrams of ephedrine or pseudoephedrine, or both.

     (3) "Ephedrine" means pure or adulterated ephedrine.

    Indiana Meth Statutes 6 July 1, 2006

     (4) "Pseudoephedrine" means pure or adulterated pseudoephedrine.

     (5) "Suspicious order" means a sale or transfer of a drug containing ephedrine or pseudoephedrine if the sale or transfer:

     (A) is a sale or transfer that the retail distributor, wholesaler, or manufacturer is required to report to the United States Drug Enforcement Administration;

     (B) appears suspicious to the retail distributor, wholesaler, or manufacturer in light of the recommendations contained in Appendix A of the report to the United States attorney general by the suspicious orders task force under the federal Comprehensive Methamphetamine Control Act of 1996; or

     (C) is for cash or a money order in a total amount of at least two hundred dollars ($200).

     (6) "Unusual theft" means the theft or unexplained disappearance from a particular retail store of drugs containing ten (10) grams or more of ephedrine, pseudoephedrine, or both in a twenty-four (24) hour period.

     (c) This subsection does not apply to a convenience package. A person may sell a drug that contains the active ingredient of ephedrine, pseudoephedrine, or both only if the person complies with the following conditions:

     (1) The person does not sell the drug to a person less than eighteen (18) years of age.

     (2) The person does not sell drugs containing more than three (3) grams of ephedrine or pseudoephedrine, or both in one (1) transaction.

     (3) The person requires:

     (A) the purchaser to produce a state or federal identification card;

     (B) the purchaser to complete a paper or an electronic log in a format approved by the state police department with the purchaser's name, address, and driver's license or other identification number; and

     (C) the clerk who is conducting the transaction to initial or electronically record the clerk's identification on the log.

     Records from the completion of a log must be retained for at least two (2) years, and may be inspected by a law enforcement officer in accordance with state and federal law. A retailer who in good faith releases information maintained under this subsection is immune from civil liability unless the release constitutes gross negligence or intentional, wanton, or willful misconduct. This subdivision expires June 30, 2008.

     (4) The person stores the drug:

     (A) behind a counter in an area inaccessible to a customer or in a locked display case that makes the drug unavailable to a customer without the assistance of an employee; or

     (B) directly in front of the pharmacy counter in the direct line of sight of an employee at the pharmacy counter, in an area under constant video monitoring, if the drug is sold in a retail establishment that:

     (i) is a pharmacy; or

     (ii) contains a pharmacy that is open for business.

     (d) A person may not purchase drugs containing more than three (3) grams of ephedrine, pseudoephedrine, or both in one (1) week.

     (e) This subsection only applies to convenience packages. A person may not sell drugs containing more than one hundred twenty (120) milligrams of ephedrine or pseudoephedrine, or both in any one (1) transaction if the drugs are sold in convenience packages. A person who sells convenience packages must secure the convenience packages in at least one (1) of the following ways:

    Indiana Meth Statutes 7 July 1, 2006

     (1) The convenience package must be stored not more than thirty (30) feet away from a checkout station or counter and must be in the direct line of sight of an employee at the checkout station or counter.

     (2) The convenience package must be protected by a reliable anti-theft device that uses package tags and detection alarms designed to prevent theft.

     (3) The convenience package must be stored in restricted access shelving that permits a purchaser to remove not more than one (1) package every fifteen (15) seconds.

     (4) The convenience package must be stored in an area that is under constant video monitoring, and a sign placed near the convenience package must warn that the area is under constant video monitoring.

     (f) A retail distributor, wholesaler, or manufacturer shall report a suspicious order to the state police department in writing.

     (g) Not later than three (3) days after the discovery of an unusual theft at a particular retail store, the retailer shall report the unusual theft to the state police department in writing. If three (3) unusual thefts occur in a thirty (30) day period at a particular retail store, the retailer shall, for at least one hundred eighty (180) days after the date of the last unusual theft, locate all drugs containing ephedrine or pseudoephedrine at that particular retail store behind a counter in an area inaccessible to a customer or in a locked display case that makes the drug unavailable to customers without the assistance of an employee.

     (h) A unit (as defined in IC 36-1-2-23) may not adopt an ordinance after February 1, 2005, that is more stringent than this section.

     (i) A person who knowingly or intentionally violates this section commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.

     (j) Before June 30, 2007, the state police department shall submit a report to the legislative council detailing the effectiveness of this section in reducing the illicit production of methamphetamine. The report must describe the number of arrests or convictions that are attributable to the identification and logging requirements contained in this section, and must include recommendations for future action. The report must be in an electronic format under IC 5-14-6.

    As added by P.L.192-2005, SEC.9.

    IC 22-11-20-6 Illegal storage or transportation of ammonia

     Sec. 6. (a) This section does not apply to a person that stores or transports anhydrous

    ) or an ammonia solution for a lawful agricultural or commercial purpose. ammonia (NH3

     (b) A person who knowingly or intentionally stores or transports anhydrous ammonia (NH) or 3

    an ammonia solution:

     (1) in a container that does not; or

     (2) with appurtenances that do not;

    conform to the requirements of a law governing the design, construction, location, installation, or operation of equipment for storage, handling, use, or transportation of anhydrous ammonia (NH) 3

    or an ammonia solution commits a Class A misdemeanor.

    As added by P.L.17-2001, SEC.4.

    Indiana Meth Statutes 8 July 1, 2006

IC 35-48-4-17

    Restitution for environmental cleanup

     Sec. 17. (a) In addition to any other penalty imposed for conviction of an offense under this chapter involving the manufacture or intent to manufacture methamphetamine, a court shall order restitution under IC 35-50-5-3 to cover the costs, if necessary, of an environmental cleanup incurred by a law enforcement agency or other person as a result of the offense.

     (b) The amount collected under subsection (a) shall be used to reimburse the law enforcement agency that assumed the costs associated with the environmental cleanup described in subsection (a).

    As added by P.L.225-2003, SEC.6.

IC 5-2-15-4 (revised July 1, 2006)

    Law enforcement agency to report child under 18 found at site used for the illegal

    manufacture of a controlled substance

     Sec. 4. A law enforcement agency that discovers a child less than eighteen (18) years of age

    at a site used for the illegal manufacture of a controlled substance (as defined in IC 35-48-1-9) shall notify the department of child services.

IC 35-41-1-10.5 (revised July 1, 2006)

    Family housing complex” defined

     Sec. 10.5. "Family housing complex" means a building or series of buildings:

     (1) that contains at least twelve (12) dwelling units:

     (A) where children are domiciled or are likely to be domiciled; and

     (B) that are owned by a governmental unit or political subdivision;

     (2) that is operated as a hotel or motel (as described in IC 22-11-18-1);

     (3) that is operated as an apartment complex (as defined in IC 6-1.1-20.6-1); or

     (4) that contains subsidized housing.

IC 9-24-16-12 (revised July 1, 2006)

    Misuse of card; use of false information; inauthentic card

     Sec. 12. (a) A person who:

     (1) knowingly permits the use of an identification card issued under this chapter by a person other than the person to whom the card was issued;

     (2) knowingly displays or represents as the person's own identification card issued under this chapter an identification card that was not issued to the person displaying the card;

     (3) does not surrender, upon demand of the proper official, an identification card issued under this chapter that has become invalid or expired;

     (4) knowingly sells, offers to sell, buys, possesses, or offers a false identification card that could reasonably be mistaken for a valid identification card required by this chapter to be issued by the bureau but that has not been issued by the bureau;

    commits a Class B misdemeanor.

     (b) A person who:

    Indiana Meth Statutes 9 July 1, 2006

     (1) knowingly or intentionally uses false information in an application:

     (A) for an identification card issued under this chapter; or

     (B) for a renewal or duplicate of an identification card issued under this chapter; or

     (2) knowingly or intentionally makes a false statement or otherwise commits fraud in an application for an identification card issued under this chapter;

    commits application fraud, a Class D felony.

IC 9-24-18-2 (revised July 1, 2006)

    Misuse of card; use of false information; inauthentic license and permit

     Sec. 2. (a) A person may not do any of the following:

     (1) Display, cause or permit to be displayed, or have in possession a license or permit issued under this article knowing that the license or permit is fictitious or has been canceled, revoked, suspended, or altered.

     (2) Lend to a person or knowingly permit the use by a person not entitled to use a license or permit a license or permit issued under this article.

     (3) Display or represent as the person's license or permit issued under this article a license or permit not issued to the person.

     (4) Fail or refuse to surrender, upon demand of the proper official, a license or permit issued under this article that has been suspended, canceled, or revoked as provided by law.

     (5) Knowingly sell, offer to sell, buy, possess, or offer as genuine, a license or permit required by this article to be issued by the bureau that has not been issued by the bureau under this article or by the appropriate authority of any other state.

    (b) A person who knowingly or intentionally violates this section subsection commits a Class C

    misdemeanor.

     (b) A person who:

     (1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application:

     (A) for a license or permit issued under this article; or

     (B) for a renewal or duplicate of a license or permit issued under this article; or

     (2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits a fraud in an application for a license or permit issued under this article; commits application fraud, a Class D felony.

IC 35-43-5-2

    Forgery, counterfeiting (revised July 1, 2006)

     Sec. 2. (a) A person who knowingly or intentionally:

     (1) makes or utters a written instrument in such a manner that it purports to have been made:

     (A) by another person;

     (B) at another time;

     (C) with different provisions; or

     (D) by authority of one who did not give authority; or

     (2) possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made:

     (A) by another person;

    Indiana Meth Statutes 10 July 1, 2006

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