| IC 35-48-4-14.5 |
NARCOTIC NEWS
Drug Law in Indiana IC 35-48-4-14.5
Drug Law in Indiana IC 35-48-4-14.5
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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 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 or
amphetamine, schedule II controlled substances 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 or
amphetamine, schedule II controlled substances 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 or amphetamine, schedule II
controlled substances 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 a controlled substance commits a Class D felony.
(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 a controlled substance; or
(2) two (2) or more chemical reagents or precursors with intent to manufacture
a controlled substance 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 a controlled
substance 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; P.L.151-2006, SEC.26.
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 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 or
amphetamine, schedule II controlled substances 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 or
amphetamine, schedule II controlled substances 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 or amphetamine, schedule II
controlled substances 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 a controlled substance commits a Class D felony.
(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 a controlled substance; or
(2) two (2) or more chemical reagents or precursors with intent to manufacture
a controlled substance 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 a controlled
substance 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; P.L.151-2006, SEC.26.