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IC 35-48-2-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to section 10 of this chapter by
P.L.8-2004 apply only to offenses committed after June 30, 2004.
As added by P.L.220-2011, SEC.628.
IC 35-48-2-1
Considerations of board determinations on substances; exclusion
of a narcotic substance from schedule
Sec. 1. (a) The board shall administer this article and may
recommend to the general assembly the addition, deletion, or
rescheduling of all substances listed in the schedules in sections 4,
6, 8, 10, and 12 of this chapter by submitting in an electronic format
under IC 5-14-6 a report of such recommendations to the legislative
council. In making a determination regarding a substance, the board
shall consider the following:
(1) The actual or relative potential for abuse.
(2) The scientific evidence of its pharmacological effect, if
known.
(3) The state of current scientific knowledge regarding the
substance.
(4) The history and current pattern of abuse.
(5) The scope, duration, and significance of abuse.
(6) The risk to public health.
(7) The potential of the substance to produce psychic or
physiological dependence liability.
(8) Whether the substance is an immediate precursor of a
substance already controlled under this article.
(b) After considering the factors enumerated in subsection (a), the
board shall make findings and recommendations concerning the
control of the substance if it finds the substance has a potential for
abuse.
(c) If the board finds that a substance is an immediate precursor,
substances which are precursors of the controlled precursor shall not
be subject to control solely because they are precursors of the
controlled precursor.
(d) If any substance is designated or rescheduled to a more
restrictive schedule as a controlled substance under federal law and
notice is given to the board, the board shall recommend similar
control of the substance under this article in the board's report to the
general assembly, unless the board objects to inclusion or
rescheduling. In that case, the board shall publish the reasons for
objection and afford all interested parties an opportunity to be heard.
At the conclusion of the hearing, the board shall publish its findings.
(e) If a substance is rescheduled to a less restrictive schedule or
deleted as a controlled substance under federal law, the substance is
rescheduled or deleted under this article. If the board objects to
inclusion, rescheduling, or deletion of the substance, the board shall
notify the chairman of the legislative council not more than thirty
(30) days after the federal law is changed and the substance may not
be rescheduled or deleted until the conclusion of the next complete
session of the general assembly. The notice from the board to the
chairman of the legislative council must be published.
(f) The board shall conduct hearings regarding revocations,
suspensions, and restrictions of registrations as provided in
IC 35-48-3-4. All hearings shall be conducted in accordance with
IC 4-21.5-3.
(g) Authority to control under this section does not extend to
distilled spirits, wine, or malt beverages, as those terms are defined
or used in IC 7.1, or to tobacco.
(h) The board shall exclude any nonnarcotic substance from a
schedule if that substance may, under the Federal Food, Drug, and
Cosmetic Act or state law, be sold over the counter without a
prescription.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,
P.L.344, SEC.1; P.L.137-1985, SEC.17; P.L.200-1987, SEC.4;
P.L.188-1989, SEC.4; P.L.33-1993, SEC.73; P.L.163-1994, SEC.2;
P.L.177-1997, SEC.8; P.L.14-2000, SEC.77; P.L.107-2002, SEC.31;
P.L.28-2004, SEC.178; P.L.84-2010, SEC.92.
IC 35-48-2-1.1
Repealed
(Repealed by P.L.2-1995, SEC.140.)
IC 35-48-2-1.5
Repealed
(Repealed by P.L.84-2010, SEC.102.)
IC 35-48-2-2
Nomenclature
Sec. 2. Nomenclature. The controlled substances listed in the
schedules in sections 4, 6, 8, 10 and 12 of this chapter are included
by whatever official, common, usual, chemical, or trade name
designated. The number placed in brackets after each substance is its
federal Drug Enforcement Administration Controlled Substances
Code Number which is to be used for identification purposes on
certain certificates of registration.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979,
P.L.303, SEC.2.
IC 35-48-2-3
Schedule I tests
Sec. 3. (a) The board shall recommend placement of a substance
in schedule I under this chapter if it finds that the substance:
(1) has high potential for abuse; and
(2) has no accepted medical use in treatment in the United
States or lacks accepted safety for use in treatment under
medical supervision.
(b) The board may recommend placement of a substance in
schedule I under this chapter if it finds that the substance is classified
as a controlled substance in schedule I under federal law.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987,
SEC.6.
IC 35-48-2-4
Schedule I
Sec. 4. (a) The controlled substances listed in this section are
included in schedule I.
(b) Opiates. Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers, unless
specifically excepted by rule of the board or unless listed in another
schedule, whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide) (9815)
Acetylmethadol (9601)
Allylprodine (9602)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
Alphacetylmethadol (9603)
Alphameprodine (9604)
Alphamethadol (9605)
Alphamethylfentanyl (9814)
Benzethidine (9606)
Beta-hydroxy-3-methylfentanyl (9831). Other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
]-N-phenylpropanamide
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
Betacetylmethadol (9607)
Betameprodine (9608)
Betamethadol (9609)
Betaprodine (9611)
Clonitazene (9612)
Dextromoramide (9613)
Diampromide (9615)
Diethylthiambutene (9616)
Difenoxin (9168)
Dimenoxadol (9617)
Dimepheptanol (9618)
Dimethylthiambutene (9619)
Dioxaphetyl butyrate (9621)
Dipipanone (9622)
Ethylmethylthiambutene (9623)
Etonitazene (9624)
Etoxeridine (9625)
Furethidine (9626)
names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
phenethylamine; N-ethyl MDA; MDE; and MDEA.
(13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
(14) 3, 4, 5-trimethoxy amphetamine (7390). Other name:
TMA.
(15) Alpha-ethyltryptamine (7249). Some trade and other
names: Etryptamine; Monase;
[alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole;
[alpha]-ET; and AET.
(16) Alpha-methyltryptamine (7432). Other name: AMT.
(17) Bufotenine (7433). Some trade and other names:
3-(B-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
5-hydroxy-N, N-dimethyltryptamine; mappine.
(18) Diethyltryptamine (7434). Some trade or other names: N,
N-Diethyltryptamine; DET.
(19) Dimethyltrytamine (7435). Some trade or other names:
DMT.
(20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6,
6b, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
9-methano-5H-pyrido (1', 2': 1, 2, azepino 4, 5-b) indole;
tabernanthe iboga.
(21) Lysergic acid diethylamide (7315). Other name: LSD.
(22) Marijuana (7360).
(23) Mescaline (7381).
(24) Parahexyl (7374). Some trade or other names:
3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
(25) Peyote (7415), including:
(A) all parts of the plant that are classified botanically as
lophophora williamsii lemaire, whether growing or not;
(B) the seeds thereof;
(C) any extract from any part of the plant; and
(D) every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or extracts.
(26) N-ethyl-3-piperidyl benzilate (7482). Other name: DMZ.
(27) N-hydroxy-3,4-methylenedioxyamphetamine (7402). Other
names: N-hydroxy-alpha-methyl-3,4
(methylenedioxy)phenethylamine; and N-hydroxy MDA.
(28) N-methyl-3-piperidyl benzilate (7484). Other name: LBJ.
(29) Psilocybin (7437).
(30) Psilocyn (7438).
(31) Tetrahydrocannabinols (7370), including synthetic
equivalents of the substances contained in the plant, or in the
resinous extractives of Cannabis, sp. and synthetic substances,
derivatives, and their isomers with similar chemical structure
and pharmacological activity such as:
(A) .1 cis or trans tetrahydrocannabinol, and their optical
isomers;
(B) .6 cis or trans tetrahydrocannabinol, and their optical
isomers; and
(C) .3,4 cis or trans tetrahydrocannabinol, and their optical
isomers.
Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of
numerical designation of atomic positions are covered. Other
name: THC.
(32) Ethylamine analog of phencyclidine (7455). Some trade or
other names: N-Ethyl-1-phenylcyclohexylamine;
(1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
ethylamine; cyclohexamine; PCE.
(33) Pyrrolidine analog of phencyclidine (7458). Some trade or
other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy; PHP.
(34) Thiophene analog of phencyclidine (7470). Some trade or
other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
Analog of Phencyclidine; TPCP.
(35) Synthetic cannabinoids, including a substance containing
one (1) or more of the following chemical compounds:
(A) JWH-015 ((2-Methyl-1-propyl-1H-
indol-3-yl)-1-naphthalenylmethanone).
(B) JWH-018 (1-pentyl-3-(1-naphthoyl)indole).
(C) JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole).
(D) JWH-073 (naphthalen-1-yl-
(1-butylindol-3-yl)methanone).
(E) JWH-081 (4-methoxynaphthalen- 1-yl- (1-pentylindol-
3-yl)methanone).
(F) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
(G) JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-
naphthalen-1-ylmethanone).
(H) JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole).
(I) JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole).
(J) JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
(K) HU-210 ((6aR,10aR)- 9-(Hydroxymethyl)- 6,6-dimethyl-
3-(2-methyloctan-2-yl)- 6a,7,10,10a- tetrahydrobenzo
[c]chromen- 1-ol).
(L) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)- 6,6-dimethyl-
3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo
[c]chromen-1-ol).
(M) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-
(2-methyloctan- 2-yl)phenyl]-
7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol).
(N) HU-331 ((3-hydroxy-2- [(1R,6R)-3-methyl-6-
(1-methylethenyl)-2 -cyclohexen-1-yl]-5
-pentyl-2,5-cyclohexadiene-1,4-dione).
(O) CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-
2-(3-hydroxypropyl) cyclohexyl]- 5-
(2-methyloctan-2-yl)phenol).
(P) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-
(2-methyloctan-2-yl)phenol) and its homologues.
(Q) WIN 55212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-
(4-morpholinylmethyl) pyrrolo [1,2,3-de)- 1,4- benzoxazin-
6-yl]-1-napthalenylmethanone).
(R) RCS-4 ((4-methoxyphenyl)
(1-pentyl-1H-indol-3-yl)methanone).
(S) RCS-8 (1-(1-(2-cyclohexylethyl)-
1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone).
(T) 4-Methylmethcathinone. Other name: mephedrone.
(U) 3,4-Methylenedioxymethcathinone. Other name:
methylone.
(V) Fluoromethcathinone.
(W) 4-Methoxymethcathinone. Other name: methedrone.
(X) 4-Ethylmethcathinone. Other name: 4-EMC.
(Y) Methylenedioxypyrovalerone. Other name: MDPV.
(36) Salvia divinorum or salvinorin A, including:
(A) all parts of the plant that are classified botanically as
salvia divinorum, whether growing or not;
(B) the seeds of the plant;
(C) any extract from any part of the plant; and
(D) every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or extracts.
(e) Depressants. Unless specifically excepted in a rule adopted by
the board or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of
the following substances having a depressant effect on the central
nervous system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:
Gamma-hydroxybutyric acid (other names include GHB;
gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
oxybate; sodium oxybutyrate) (2010)
Mecloqualone (2572)
Methaqualone (2565)
(f) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
that contains any quantity of the following substances having a
stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers:
([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
Aminorex (1585). Other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine.
Cathinone (1235). Some trade or other names:
2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
2-aminopropiophenone; and norephedrone.
Fenethylline (1503)
N-Benzylpiperazine (7493). Other names: BZP; and
1-benzylpiperazine.
N-ethylamphetamine (1475)
Methcathinone (1237) Some other trade names:
2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
Monomethylpropion; UR 1431.
N, N-dimethylamphetamine (1480). Other names: N,
N-alpha-trimethyl-benzeneethanamine; and N,
N-alpha-trimethylphenethylamine.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979,
P.L.303, SEC.3; Acts 1981, P.L.170, SEC.2; P.L.333-1983, SEC.1;
P.L.327-1985, SEC.1; P.L.156-1986, SEC.4; P.L.200-1987, SEC.7;
P.L.163-1994, SEC.3; P.L.2-1996, SEC.286; P.L.288-2001, SEC.15;
P.L.22-2008, SEC.1; P.L.138-2011, SEC.12; P.L.182-2011, SEC.12.
IC 35-48-2-5
Schedule II tests
Sec. 5. (a) The board shall recommend placement of a substance
in schedule II under this chapter if it finds that:
(1) the substance has high potential for abuse;
(2) the substance has currently accepted medical use in
treatment in the United States, or currently accepted medical
use with severe restrictions; and
(3) the abuse of the substance may lead to severe psychological
or physical dependence.
(b) The board may recommend placement of a substance in
schedule II under this chapter if it finds that the substance is
classified as a controlled substance in schedule II under federal law.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987,
SEC.8.
IC 35-48-2-6
Schedule II
Sec. 6. (a) The controlled substances listed in this section are
included in schedule II.
(b) Any of the following substances, except those narcotic drugs
listed in other schedules, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by
means of chemical synthesis, or by combination of extraction and
chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate, excluding apomorphine,
dextrorphan, nalbuphine, naloxone, naltrexone, and their
respective salts but including:
(A) raw opium (9600);
(B) opium extracts (9610);
(C) opium fluid extracts (9620);
(D) powdered opium (9639);
(E) granulated opium (9640);
(F) tincture of opium (9630);
(G) codeine (9050);
(H) dihydroetorphine (9334);
(I) ethylmorphine (9190);
(J) etorphine hydrochloride (9059);
IC 35-48-2-7
Schedule III tests
Sec. 7. (a) The board shall recommend placement of a substance
in schedule III under this chapter if it finds that:
(1) the substance has a potential for abuse less than the
substances listed in schedule I and II under this chapter;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to moderate or low physical
dependence or high psychological dependence.
(b) The board may recommend placement of a substance in
schedule III under this chapter if it finds that the substance is
classified as a controlled substance in schedule III under federal law.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987,
SEC.9.
IC 35-48-2-8
Schedule III
Sec. 8. (a) The controlled substances listed in this section are
included in schedule III.
(b) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
stimulant effect on the central nervous system, including its salts,
isomers (whether optical, position, or geometric), and salts of such
isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Those compounds, mixtures, or preparations in dosage unit
form containing any stimulant substances listed in schedule II
which compounds, mixtures, or preparations were listed on
April 1, 1986, as excepted compounds under 21 CFR 1308.32,
and any other drug of the quantitative composition shown in
that list for those drugs or that is the same except that it
contains a lesser quantity of controlled substances (1405).
(2) Benzphetamine (1228).
(3) Chlorphentermine (1645).
(4) Clortermine (1647).
(5) Phendimetrazine (1615).
(c) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system:
(1) Any compound, mixture, or preparation containing:
(A) amobarbital (2126);
(B) secobarbital (2316);
(C) pentobarbital (2271); or
(D) any of their salts;
and one (1) or more other active medicinal ingredients which
are not listed in any schedule.
(2) Any suppository dosage form containing:
(A) amobarbital (2126);
(B) secobarbital (2316);
(C) pentobarbital (2271); or
(D) any of their salts;
and approved by the Food and Drug Administration for
marketing only as a suppository.
(3) Any substance which contains any quantity of a derivative
of barbituric acid, or any salt thereof (2100).
(4) Chlorhexadol (2510).
(5) Embutramide (2020).
(6) Lysergic acid (7300).
(7) Lysergic acid amide (7310).
(8) Methyprylon (2575).
(9) Sulfondiethylmethane (2600).
(10) Sulfonethylmethane (2605).
(11) Sulfonmethane (2610).
(12) A combination product containing Tiletamine and
Zolazepam or any salt thereof (Telazol) (7295).
(13) Any drug product containing gamma-hydroxybutyric acid,
including its salts, isomers, and salts of isomers, for which an
application is approved under section 505 of the federal Food,
Drug and Cosmetic Act, 21 U.S.C. 301 et seq. (2012).
(d) Nalorphine (a narcotic drug) (9400).
(e) Narcotic Drugs. Unless specifically excepted or unless listed
in another schedule, any material, compound, mixture, or preparation
containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in the following
limited quantities:
(1) Not more than 1.8 grams of codeine, per 100 milliliters or
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium (9803).
(2) Not more than 1.8 grams of codeine, per 100 milliliters or
not more than 90 milligrams per dosage unit, with one (1) or
more active, nonnarcotic ingredients in recognized therapeutic
amounts (9804).
(3) Not more than 300 milligrams of dihydrocodeinone, per 100
milliliters or not more than 15 milligrams per dosage unit, with
a fourfold or greater quantity of an isoquinoline alkaloid of
opium (9805).
(4) Not more than 300 milligrams of dihydrocodeinone, per 100
milliliters or not more than 15 milligrams per dosage unit, with
one (1) or more active nonnarcotic ingredients in recognized
therapeutic amounts (9806).
(5) Not more than 1.8 grams of dihydrocodeine, per 100
milliliters or not more than 90 milligrams per dosage unit, with
one (1) or more active, nonnarcotic ingredients in recognized
therapeutic amounts (9807).
(6) Not more than 300 milligrams of ethylmorphine, per 100
milliliters or not more than 15 milligrams per dosage unit, with
one (1) or more active, nonnarcotic ingredients in recognized
therapeutic amounts (9808).
(7) Not more than 500 milligrams of opium per 100 milliliters
or per 100 grams or not more than 25 milligrams per dosage
unit, with one (1) or more active, nonnarcotic ingredients in
recognized therapeutic amounts (9809).
IC 35-48-2-9
Schedule IV tests
Sec. 9. (a) The board shall recommend placement of a substance
in schedule IV under this chapter if it finds that:
(1) the substance has a low potential for abuse relative to
substances in schedule III under this chapter;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to limited physical
dependence or psychological dependence relative to the
substances in schedule III under this chapter.
(b) The board may recommend placement of a substance in
schedule IV under this chapter if it finds that the substance is
classified as a controlled substance in schedule IV under federal law.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987,
SEC.11.
IC 35-48-2-10
Schedule IV
Sec. 10. (a) The controlled substances listed in this section are
included in schedule IV.
IC 35-48-2-11
Schedule V tests
Sec. 11. (a) The board shall recommend placement of a substance
in schedule V under this chapter if it finds that:
(1) the substance has low potential for abuse relative to the
controlled substances listed in schedule IV under this chapter;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) the substance has limited physical dependence or
psychological dependence liability relative to the controlled
substances listed in schedule IV under this chapter.
(b) The board may recommend placement of a substance in
schedule V under this chapter if it finds that the substance is
classified as a controlled substance in schedule V under federal law.
As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987,
SEC.13.
IC 35-48-2-12
Schedule V
Sec. 12. (a) The controlled substances listed in this section are
included in schedule V.
(b) Narcotic drugs containing nonnarcotic active medicinal
ingredients. Any compound, mixture, or preparation containing any
of the following narcotic drugs, or their salts calculated as the free
anhydrous base or alkaloid, in the following quantities, which shall
include one (1) or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or
preparation, valuable medicinal qualities other than those possessed
by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters
or per 100 grams.
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams.
IC 35-48-2-13
Repealed
(Repealed by Acts 1979, P.L.303, SEC.13.)
IC 35-48-2-14
Reclassification; rules
Sec. 14. (a) The board may adopt rules under IC 4-22-2 to
reclassify a controlled substance:
(1) from a more restrictive schedule to a less restrictive
schedule; or
(2) as a substance that is not a controlled substance;
if the board finds that the substance qualifies for reclassification
under this chapter and that the same reclassification has been made
in a controlled substance schedule under federal law.
(b) If the board reclassifies a controlled substance under
subsection (a), the board shall recommend the same reclassification
to the general assembly under section 1 of this chapter.
(c) Notwithstanding a provision in this chapter that classifies a
controlled substance in a more restrictive schedule than a rule
adopted under subsection (a), a person who manufactures,
distributes, dispenses, possesses, or uses a controlled substance in
compliance with the requirements applicable to the less restrictive
schedule to which a controlled substance is reclassified under
subsection (a) does not commit an offense under this article.
(d) Notwithstanding a provision in this chapter that classifies a
substance as a controlled substance, a person does not commit an
offense under this article if the board has reclassified the controlled
substance as a substance that is not a controlled substance.
As added by P.L.200-1987, SEC.14.