Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-10.5

Sec. 10.5 . (a) A person who:

(1) manufactures;

(2) finances the manufacture of;

(3) delivers;

(4) finances the delivery of;

(5) possesses, with intent to deliver;  or

(6) possesses, with intent to finance the delivery of;

a synthetic drug or a synthetic drug lookalike substance commits dealing in a synthetic drug or synthetic drug lookalike substance, a Class A infraction.  However, the offense is a Level 6 felony if the offense is committed knowingly or intentionally and the person has a prior unrelated judgment or conviction under this subsection.

(b) A person may be adjudicated or convicted of an infraction or offense under subsection (a)(5) or (a)(6) only if there is evidence in addition to the weight of the synthetic drug or synthetic drug lookalike substance that the person intended to deliver or finance the delivery of the synthetic drug or synthetic drug lookalike substance.

(c) A person who:

(1) knowingly or intentionally:

(A) manufactures;

(B) finances the manufacture of;

(C) delivers;  or

(D) finances the delivery of;

a synthetic drug or synthetic drug lookalike substance;  or

(2) possesses, with intent to:

(A) manufacture;

(B) finance the manufacture of;

(C) deliver;  or

(D) finance the delivery of;

a synthetic drug or synthetic drug lookalike substance;

commits dealing in a synthetic drug or synthetic drug lookalike substance, a Class A misdemeanor, except as provided in subsections (d) through (e).

(d) A person may be convicted of an offense under subsection (c)(2) only if there is evidence in addition to the weight of the synthetic drug or synthetic drug lookalike substance that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the synthetic drug or synthetic drug lookalike substance.

(e) The offense in subsection (c) is:

(1) a Level 6 felony if:

(A) the recipient or intended recipient is less than eighteen (18) years of age;

(B) the amount involved is more than five (5) grams;  or

(C) the person has a prior conviction of an offense involving a synthetic drug or synthetic drug lookalike substance;  and

(2) a Level 5 felony if the amount involved is more than five (5) grams and the person delivered or financed the delivery of the synthetic drug or synthetic drug lookalike substance:

(A) on a school bus;  or

(B) in, on, or within five hundred (500) feet of:

(i) school property;  or

(ii) a public park;

while a person under eighteen (18) years of age was reasonably expected to be present.

(f) In addition to a criminal or civil penalty imposed for a violation of this section, if the court finds that a person has violated this section and the violation involved the sale of or offer to sell, in the normal course of business, a synthetic drug or a synthetic drug lookalike substance by a retail merchant in a place of business for which the retail merchant has been issued a registered retail merchant certificate, the court:

(1) shall recommend the suspension of the registered retail merchant certificate for the place of business for one (1) year if the person's violation of this section resulted in a criminal conviction;  and

(2) may recommend the suspension of the registered retail merchant certificate for the place of business for six (6) months if the person's violation of this section resulted in an adjudication that the person committed an infraction.

(g) The department of state revenue shall suspend the registered retail merchant certificate of a retail merchant in accordance with the recommendation of the court.  Whenever the department of state revenue is required to suspend a retail merchant's registered retail merchant certificate under this section, the department shall immediately mail a notice to the retail merchant's address that must state that the retail merchant's registered retail merchant certificate will be suspended for the period recommended by the court, commencing five (5) days after the date of the notice.


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