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Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-18

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 18. (a) A person who knowingly or intentionally possesses xylazine commits possession of xylazine, a Class A misdemeanor.  However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

(b) A person who:

(1) knowingly or intentionally:

(A) manufactures;

(B) finances the manufacture of;

(C) delivers;  or

(D) finances the delivery of;

xylazine;  or

(2) possesses, with intent to:

(A) manufacture;

(B) finance the manufacture of;

(C) deliver;  or

(D) finance the delivery of;

xylazine;

commits dealing in xylazine, a Level 5 felony.  However, the offense is a Level 4 felony if the person has a prior unrelated conviction under this section.

(c) This section does not apply to one (1) or more of the following:

(1) A person who dispenses, prescribes, or administers a drug containing xylazine to a nonhuman species, if:

(A) the drug has been approved by the Secretary of Health and Human Services under section 512 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b);  or

(B) the dispensing, prescription, or administration of the drug is permissible under section 512(a)(4) of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b(a)(4)).

(2) A person who:

(A) manufactures, distributes, or uses xylazine as an active pharmaceutical ingredient for manufacturing an animal drug approved under section 512 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b);  or

(B) has been issued an investigation use exemption for xylazine under section 512(j) of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b(j)).

(3) A person who manufactures, distributes, or uses a xylazine bulk chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian.

(4) A person who uses xylazine for another purpose approved or permitted under the federal Food, Drug, and Cosmetic Act.

(5) A person who:

(A) possesses xylazine for the purpose of engaging in an activity permitted under this section;  or

(B) delivers or transports xylazine from a person described in subdivisions (1) through (5)(A) to another person described in subdivisions (1) through (5)(A).

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-18 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-48-4-18/

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