§ 35-48-4-0.5 — Controlled substance analog; factors

Indiana § 35-48-4-0.5

• Jurisdiction: Indiana
• Art. 48: CONTROLLED SUBSTANCES
• Ch. 4: Offenses Relating to Controlled Substances

Text

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.

Legislative History

As added by P.L.225-2003, SEC.2. Amended by P.L.80-2019, SEC.22; P.L.156-2020, SEC.133.