| IC 35-48-4-4.6 |
NARCOTIC NEWS
Drug Law in Indiana IC 35-48-4-4.6
Drug Law in Indiana IC 35-48-4-4.6
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Unlawful manufacture, distribution, or possession of counterfeit substance
Sec. 4.6. (a) A person who knowingly or intentionally:
(1) manufactures;
(2) finances the manufacture of;
(3) advertises;
(4) distributes; or
(5) possesses with intent to manufacture, finance the manufacture of,
advertise, or distribute;
a substance described in section 4.5 of this chapter commits a Class C felony.
(b) A person who knowingly or intentionally possesses a substance described
in section 4.5 of this chapter commits a Class C misdemeanor. However, the
offense is a Class A misdemeanor if the person has a previous conviction
under this section.
(c) In any prosecution brought under this section it is not a defense that the
person believed the substance actually was a controlled substance.
(d) This section does not apply to the following:
(1) The manufacture, financing the manufacture of, processing, packaging,
distribution, or sale of noncontrolled substances to licensed medical
practitioners for use as placebos in professional practice or research.
(2) Persons acting in the course and legitimate scope of their employment as
law enforcement officers.
(3) The retention of production samples of noncontrolled substances produced
before September 1, 1986, where such samples are required by federal law.
As added by P.L.210-1986, SEC.2. Amended by P.L.165-1990, SEC.8;
P.L.150-1999, SEC.1; P.L.225-2003, SEC.3.
(1) manufactures;
(2) finances the manufacture of;
(3) advertises;
(4) distributes; or
(5) possesses with intent to manufacture, finance the manufacture of,
advertise, or distribute;
a substance described in section 4.5 of this chapter commits a Class C felony.
(b) A person who knowingly or intentionally possesses a substance described
in section 4.5 of this chapter commits a Class C misdemeanor. However, the
offense is a Class A misdemeanor if the person has a previous conviction
under this section.
(c) In any prosecution brought under this section it is not a defense that the
person believed the substance actually was a controlled substance.
(d) This section does not apply to the following:
(1) The manufacture, financing the manufacture of, processing, packaging,
distribution, or sale of noncontrolled substances to licensed medical
practitioners for use as placebos in professional practice or research.
(2) Persons acting in the course and legitimate scope of their employment as
law enforcement officers.
(3) The retention of production samples of noncontrolled substances produced
before September 1, 1986, where such samples are required by federal law.
As added by P.L.210-1986, SEC.2. Amended by P.L.165-1990, SEC.8;
P.L.150-1999, SEC.1; P.L.225-2003, SEC.3.