§ 35-48-2-14 — Reclassification; rules

Indiana § 35-48-2-14

• Jurisdiction: Indiana
• Art. 48: CONTROLLED SUBSTANCES
• Ch. 2: Classification of Drugs

Text

(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.

Legislative History

As added by P.L.200-1987, SEC.14.