| IC 35-48-2-14 |
NARCOTIC NEWS
Drug Law in Indiana IC 35-48-2-14
Drug Law in Indiana IC 35-48-2-14
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Reclassification rules
Sec. 14. (a) The board may adopt rules under IC 4-22-2 to reclassify a
controlled substance:
(1) from a more restrictive schedule to a less restrictive schedule; or
(2) as a substance that is not a controlled substance;
if the board finds that the substance qualifies for reclassification under this
chapter and that the same reclassification has been made in a controlled
substance schedule under federal law.
(b) If the board reclassifies a controlled substance under subsection (a), the
board shall recommend the same reclassification to the general assembly
under section 1 of this chapter.
(c) Notwithstanding a provision in this chapter that classifies a controlled
substance in a more restrictive schedule than a rule adopted under subsection
(a), a person who manufactures, distributes, dispenses, possesses, or uses a
controlled substance in compliance with the requirements applicable to the
less restrictive schedule to which a controlled substance is reclassified under
subsection (a) does not commit an offense under this article.
(d) Notwithstanding a provision in this chapter that classifies a substance as a
controlled substance, a person does not commit an offense under this article if
the board has reclassified the controlled substance as a substance that is not
a controlled substance.
As added by P.L.200-1987, SEC.14
controlled substance:
(1) from a more restrictive schedule to a less restrictive schedule; or
(2) as a substance that is not a controlled substance;
if the board finds that the substance qualifies for reclassification under this
chapter and that the same reclassification has been made in a controlled
substance schedule under federal law.
(b) If the board reclassifies a controlled substance under subsection (a), the
board shall recommend the same reclassification to the general assembly
under section 1 of this chapter.
(c) Notwithstanding a provision in this chapter that classifies a controlled
substance in a more restrictive schedule than a rule adopted under subsection
(a), a person who manufactures, distributes, dispenses, possesses, or uses a
controlled substance in compliance with the requirements applicable to the
less restrictive schedule to which a controlled substance is reclassified under
subsection (a) does not commit an offense under this article.
(d) Notwithstanding a provision in this chapter that classifies a substance as a
controlled substance, a person does not commit an offense under this article if
the board has reclassified the controlled substance as a substance that is not
a controlled substance.
As added by P.L.200-1987, SEC.14