Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-0.5

Sec. 0.5 . (a) In determining whether a controlled substance analog has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system, or is represented or intended to have a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system, the trier of fact may consider the following:

(1) The actual or relative potential for abuse of the substance.

(2) Scientific evidence of the pharmacological effect of the substance, if known.

(3) The state of current scientific knowledge regarding the substance.

(4) The history and current pattern of abuse of the substance.

(5) The scope, duration, and significance of abuse of the substance.

(6) The risk to the public health presented by the substance.

(7) The substance's psychological or physiological dependence liability.

(8) The behavior demonstrated by the defendant, if the defendant is known to have consumed the substance, or by the end user of the substance that is alleged to have been delivered or otherwise transferred by the defendant.

(9) Whether the substance was diverted from legitimate channels or clandestinely imported, manufactured, or distributed.

(10) Whether the substance is an immediate precursor of a substance controlled under this article.

(11) A comparison of the accepted methods of marketing, distribution, and sales of the substance with the methods of marketing, distribution, and sales of the substance that the substance is purported to be, including:

(A) the packaging of the substance and its appearance in overall finished dosage form;

(B) oral or written statements or representations concerning the substance;

(C) the methods by which the substance is distributed;  and

(D) the manner in which the substance is sold to the public.

(12) Any other relevant factor.

(b) For purposes of this chapter, a controlled substance analog that has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system shall be treated as the highest scheduled controlled substance under IC 35-48-2 to which it is a controlled substance analog.

(c) It is not a defense to a prosecution for an offense involving a controlled substance analog that the substance's packaging declares that the substance is not for human consumption.


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