Title 35, CRIMINAL LAW AND PROCEDURE

Sec. 13. "Distribute" means to deliver other than by administering or dispensing a controlled substance. As added by P.L.186-2025, SEC.249.

Sec. 14. "Distributor" means a person who distributes. As added by P.L.186-2025, SEC.249.

Sec. 15. (a) Except as provided in subsection (b), "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. (b) For purposes of IC 35-48-4, "drug": (1) has the meaning set forth in subsect…

Sec. 16. "Drug offense" means a felony or misdemeanor involving the production, delivery, sale, or possession of a controlled substance. As added by P.L.186-2025, SEC.249.

Sec. 17. "Drug related felony" means a felony conviction for an offense described in: (1) IC 35-48-4-1 through IC 35-48-4-11.5 (repealed); or (2) IC 35-48-4-13 (repealed) through IC 35-48-4-14.7. As added by P.L.186-2025, SEC.249.

Sec. 18. "Enhancing circumstance" means one (1) or more of the following: (1) The person has a prior conviction for dealing in a controlled substance that is not marijuana, hashish, hash oil, or salvia divinorum. (2) The person committed the offense while in possession of a firea…

Sec. 19. "Fentanyl containing substance" means one (1) or more of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers: (1) 4-fluoroisobutyryl fentanyl. (2) Acetyl fentanyl (Other names include: N-(1-phenethylpiperidin…

Sec. 2. The definitions in this chapter apply throughout this article. As added by P.L.186-2025, SEC.249.

Sec. 20. "Fentanyl related substance" means any substance not listed in schedule I through V of IC 35-48-2 that is structurally related to fentanyl by one (1) or more of the following modifications: (1) Replacement of the phenyl portion of the phenethyl group by any monocycle, wh…

Sec. 21. "Hashish" does not include low THC hemp extract. As added by P.L.186-2025, SEC.249.

Sec. 22. "Hash oil" does not include low THC hemp extract. As added by P.L.186-2025, SEC.249.

Sec. 23. (a) "Hemp bud" means the harvested immature reproductive organ of the female hemp plant. (b) The term does not include agricultural hemp seed. As added by P.L.186-2025, SEC.249.

Sec. 24. (a) "Hemp flower" means the harvested reproductive organ, whether immature or mature, of the female hemp plant. (b) The term does not include agricultural hemp seed. As added by P.L.186-2025, SEC.249.

Sec. 25. "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 c…

Sec. 26. (a) Except as provided in subsections (b) and (c), "isomer" means an optical isomer. (b) "Isomer", as used in IC 35-48-2-4(d), means an optical, positional, or geometric isomer. (c) "Isomer", as used in section 6 of this chapter, means an optical or geometric isomer. As …

Sec. 27. (a) "Low THC hemp extract" means a substance or compound that: (1) is derived from or contains any part of the plant Cannabis sativa L. that meets the definition of hemp under IC 15-15-13-6; (2) contains not more than three-tenths percent (0.3%) total delta-9-tetrahydroc…

Sec. 28. "Manufacture" means the following: (1) For offenses not involving marijuana, hashish, or hash oil: (A) the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances …

Sec. 29. (a) "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 se…

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 the practitioner's authorized agent; or (2) the patient or resea…

Sec. 30. "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, opiates, derivatives …

Sec. 31. "Opiate" or "opioid" means a drug or other 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 speci…

Sec. 32. "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds. As added by P.L.186-2025, SEC.249.

Sec. 33. "Poppy straw" means any part, except the seeds, of the opium poppy, after mowing. As added by P.L.186-2025, SEC.249.

Sec. 34. "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 sub…

Sec. 35. "Prescription drug" means a controlled substance or a legend drug (as defined in IC 16-18-2-199). As added by P.L.186-2025, SEC.249.

Sec. 36. "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. As added by P.L.186-2025, SEC.249.

Sec. 37. "Sale to a minor" means delivery or financing the delivery of a drug to a person less than eighteen (18) years of age and at least three (3) years junior to the person making the delivery or financing. As added by P.L.186-2025, SEC.249.

Sec. 38. (a) Except as provided in subsection (b), "smokable hemp" means a product containing not more than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol (THC), including precursors and derivatives of THC, in a form that allows THC to be introduced into the human body …

Sec. 39. "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.186-2…

Sec. 4. "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.186-2025, SE…

Sec. 5. "Board" refers to the Indiana state board of pharmacy. As added by P.L.186-2025, SEC.249.

Sec. 6. "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 …

Sec. 7. "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…

Sec. 8. (a) "Controlled substance analog" means a substance that, due to its chemical structure and potential for abuse or misuse, meets the following criteria: (1) The substance is substantially similar to a controlled substance classified under IC 35-48-2. (2) The substance has…

Sec. 9. "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 di…