Indiana § 35-47-16-3 - Retired judicial officer; firearm training

§ 35-47-16-3. Retired judicial officer; firearm training

Sec. 3. (a) The supreme court may issue or authorize another court to issue a photographic identification card to a judicial officer who retires in good standing, for purposes of complying with section 1(b) of this chapter.

(b) A retired judicial officer who wishes to possess and use a firearm under section 1(a) of this chapter must receive at least one (1) hour of training annually in the use of a firearm. The training must be in person, conducted by a certified firearms instructor, and include live fire training. To comply with section 1(b) of this chapter, the instructor must provide the retired judicial officer with a certificate or other document showing:

(1) the date of the training;

(2) that the training was provided by a certified firearms instructor; and

(3) that the training was at least one (1) hour in length and included live fire training.

As added by P.L.76-2026, SEC.27.

IC 35-47.5ARTICLE 47.5. CONTROLLED EXPLOSIVES

Ch. 1.Applicability Ch. 2.Definitions Ch. 3.Classification of Regulated Explosives Ch. 4.Registration and Control Ch. 5.Offenses Relating to Regulated Explosives

IC 35-47.5-1Chapter 1. Applicability

35-47.5-1-1Application

IC 35-47.5-1-1Application Sec. 1. This article does not apply to the following:

(1) Fertilizers, propellant actuated devices, or propellant activated industrial tools:

(A) manufactured;

(B) imported;

(C) distributed; or

(D) used;

for their designed purposes.

(2) A pesticide that is:

(A) manufactured;

(B) stored;

(C) transported;

(D) distributed;

(E) possessed; or

(F) used;

for its designed purposes or in accordance with Chapter 7 of Title 2, the federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the federal Environmental Pesticide Control Act of 1972, P.L.92-516, as amended.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2Chapter 2. Definitions

35-47.5-2-1Definitions 35-47.5-2-2"Booby trap" 35-47.5-2-3"Commission" 35-47.5-2-3Repealed 35-47.5-2-3.5"Department" 35-47.5-2-4"Destructive device" 35-47.5-2-5"Detonator" 35-47.5-2-6"Distribute" 35-47.5-2-7"Explosives" 35-47.5-2-8"Hoax device"; "replica" 35-47.5-2-9"Incendiary" 35-47.5-2-10Repealed 35-47.5-2-11"Overpressure device" 35-47.5-2-12"Property" 35-47.5-2-13"Regulated explosive"

IC 35-47.5-2-1Definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-2"Booby trap" Sec. 2. "Booby trap" means a device meant to cause death or bodily injury by:

(1) hiding the device; or

(2) activating the device by trip wires, switches, antidisturbance, or other remote means.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-3"Commission" Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027.

Sec. 3. "Commission" refers to the fire prevention and building safety commission established by IC 22-12-2-1.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-3Repealed Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

As added by P.L.123-2002, SEC.50. Repealed by P.L.152-2026, SEC.485.

IC 35-47.5-2-3.5"Department" Sec. 3.5. "Department" refers to the department of homeland security established by IC 10-19-2-1.

As added by P.L.187-2021, SEC.129.

IC 35-47.5-2-4"Destructive device" Sec. 4. (a) "Destructive device" means:

(1) an explosive, incendiary, or overpressure device that is configured as a:

(A) bomb;

(B) grenade;

(C) rocket with a propellant charge of more than four (4) ounces;

(D) missile having an explosive or incendiary charge of more than one-quarter (1/4) ounce;

(E) mine;

(F) Molotov cocktail; or

(G) device that is substantially similar to an item described in clauses (A) through (F);

(2) a type of weapon that may be readily converted to expel a projectile by the action of an explosive or other propellant through a barrel that has a bore diameter of more than one-half (1/2) inch; or

(3) a combination of parts designed or intended for use in the conversion of a device into a destructive device.

(b) The term does not include the following:

(1) A pistol, rifle, shotgun, or weapon suitable for sporting or personal safety purposes or ammunition.

(2) A device that is neither designed nor redesigned for use as a weapon.

(3) A device that, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device.

(4) A surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-5"Detonator" Sec. 5. "Detonator" means a device containing a detonating charge that is used to initiate detonation in an explosive, including the following:

(1) Electric blasting caps.

(2) Blasting caps for use with safety fuses.

(3) Detonating cord delay connectors.

(4) Blasting caps for use with a shock tube.

(5) Improvised devices designed to function as a detonator.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-6"Distribute" Sec. 6. "Distribute" means the actual, constructive, or attempted transfer from one (1) person to another.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-7"Explosives" Sec. 7. "Explosives" means a chemical compound or other substance or mechanical system intended to produce an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury to persons or damage to property, including the substances designated in IC 35-47.5-3. The term does not include the following:

(1) A model rocket and model rocket engine designed, sold, and used to propel recoverable aero models.

(2) A paper cap in which the explosive content does not average more than twenty-five hundredths (0.25) grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using paper caps unless the paper cap is used as a component of a destructive device.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-8"Hoax device"; "replica" Sec. 8. "Hoax device" or "replica" means a device or article that has the appearance of a destructive device or detonator.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-9"Incendiary" Sec. 9. "Incendiary" means a flammable liquid or compound with a flash point not greater than one hundred fifty (150) degrees Fahrenheit, as determined by a Tagliabue or an equivalent closed cup device, including gasoline, kerosene, fuel oil, or a derivative of these substances.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-10RepealedAs added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.539. Repealed by P.L.187-2021, SEC.130.

IC 35-47.5-2-11"Overpressure device" Sec. 11. "Overpressure device" means:

(1) a frangible container filled with an explosive gas or expanding gas that is designed or constructed to cause the container to break or fracture in a manner that is capable of causing death, bodily harm, or property damage; or

(2) a container filled with an explosive gas or expanding gas or chemicals that generate an expanding gas.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-12"Property" Sec. 12. "Property" means real or personal property of any kind, including money, choses in action, and other similar interests in property.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-2-13"Regulated explosive" Sec. 13. (a) "Regulated explosive" includes:

(1) a destructive device; and

(2) an explosive.

(b) The term does not include the following:

(1) An explosive in a manufactured article that is designed and packaged in a manner that is likely to prevent an explosion resulting in property damage or personal injury. A manufactured article to which this subdivision applies includes fixed ammunition for small arms, a firework, and a safety fuse match.

(2) Gasoline, kerosene, naphtha, turpentine, or benzine.

(3) An explosive that is being transported on or in a vessel, railroad car, or highway vehicle in conformity with the regulations adopted by the United States Department of Transportation.

(4) A blasting explosive that is transported or used for agricultural purposes and that is in a quantity that does not exceed two hundred (200) pounds.

(5) Ammonium nitrate or other explosive compounds kept for mining purposes at coal mines regulated under IC 14-34.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-3Chapter 3. Classification of Regulated Explosives

35-47.5-3-1Regulated explosives

IC 35-47.5-3-1Regulated explosives Sec. 1. The following materials are regulated explosives within the meaning of this article:

(1) Acetylides of heavy metals.

(2) Aluminum containing polymeric propellant.

(3) Aluminum ophorite explosive.

(4) Amatex.

(5) Amatol.

(6) Ammonal.

(7) Ammonium nitrate explosive mixtures, cap sensitive.

(8) Ammonium nitrate explosive mixtures, noncap sensitive.

(9) Aromatic nitro-compound explosive mixtures.

(10) Ammonium perchlorate explosive mixtures.

(11) Ammonium perchlorate composite propellant.

(12) Ammonium picrate (picrate of ammonia, explosive D).

(13) Ammonium salt lattice with isomorphously substituted inorganic salts.

(14) Ammonium tri-iodide.

(15) ANFO (ammonium nitrate-fuel oil).

(16) Baratol.

(17) Baronol.

(18) BEAF (1,2-bis (2,2-difluoro-2-nitroacetoxyethane)).

(19) Black powder.

(20) Black powder based explosive mixtures.

(21) Blasting agents, nitro-carbo-nitrates, including noncap sensitive slurry and water-gel explosives.

(22) Blasting caps.

(23) Blasting gelatin.

(24) Blasting powder.

(25) BTNEC (bis (trinitroethyl) carbonate).

(26) Bulk salutes.

(27) BTNEN (bis (trinitroethyl) nitramine).

(28) BTTN (1,2,4 butanetriol trinitrate).

(29) Butyl tetryl.

(30) Calcium nitrate explosive mixture.

(31) Cellulose hexanitrate explosive mixture.

(32) Chlorate explosive mixtures.

(33) Composition A and variations.

(34) Composition B and variations.

(35) Composition C and variations.

(36) Copper acetylide.

(37) Cyanuric triazide.

(38) Cyclotrimethylenetrinitramine (RDX).

(39) Cyclotetramethylenetetranitramine (HMX).

(40) Cyclonite (RDX).

(41) Cyclotol.

(42) DATB (diaminotrinitrobenzene).

(43) DDNP (diazodinitrophenol).

(44) DEGDN (diethyleneglycol dinitrate).

(45) Detonating cord.

(46) Detonators.

(47) Dimethylol dimethyl methane dinitrate composition.

(48) Dinitroethyleneurea.

(49) Dinitroglycerine (glycerol dinitrate).

(50) Dinitrophenol.

(51) Dinitrophenolates.

(52) Dinitrophenyl hydrazine.

(53) Dinitroresorcinol.

(54) Dinitrotoluene-sodium nitrate explosive mixtures.

(55) DIPAM.

(56) Dipicryl sulfone.

(57) Dipicrylamine.

(58) DNDP (dinitropentano nitrile).

(59) DNPA (2,2-dinitropropyl acrylate).

(60) Dynamite.

(61) EDDN (ethylene diamine dinitrate).

(62) EDNA.

(63) Ednatol.

(64) EDNP (ethyl 4,4-dinitropentanoate).

(65) Erythritol tetranitrate explosives.

(66) Esters of nitro substituted alcohols.

(67) EGDN (ethylene glycol dinitrate).

(68) Ethyl-tetryl.

(69) Explosive conitrates.

(70) Explosive gelatins.

(71) Explosive mixtures containing oxygen releasing inorganic salts and hydrocarbons.

(72) Explosive mixtures containing oxygen releasing inorganic salts and nitro bodies.

(73) Explosive mixtures containing oxygen releasing inorganic salts and water insoluble fuels.

(74) Explosive mixtures containing oxygen releasing inorganic salts and water soluble fuels.

(75) Explosive mixtures containing sensitized nitromethane.

(76) Explosive mixtures containing tetranitromethane (nitroform).

(77) Explosive nitro compounds of aromatic hydrocarbons.

(78) Explosive organic nitrate mixtures.

(79) Explosive liquids.

(80) Explosive powders.

(81) Flash powder.

(82) Fulminate of mercury.

(83) Fulminate of silver.

(84) Fulminating gold.

(85) Fulminating mercury.

(86) Fulminating platinum.

(87) Fulminating silver.

(88) Gelatinized nitrocellulose.

(89) Gem-dinitro aliphatic explosive mixtures.

(90) Guanyl nitrosamino guanyl tetrazene.

(91) Guanyl nitrosamino guanylidene hydrazine.

(92) Hexogene or octogene and a nitrated N-methylaniline.

(93) Hexolites.

(94) HMX(cyclo-l,3,5,7-tetramethylene-2,4,6,8-tetranitramine; octogen).

(95) Hydrazinium nitrate/hydrazine/aluminum explosive system.

(96) Hydrazoic acid.

(97) Igniter cord.

(98) Igniters.

(99) Initiating tube systems.

(100) KDNBF (potassium dinitrobenzo-furoxane).

(101) Lead azide.

(102) Lead mannite.

(103) Lead mononitroresorcinate.

(104) Lead picrate.

(105) Lead salts, explosive.

(106) Lead styphnate (styphnate of lead, lead trinitroresorcinate).

(107) Liquid nitrated polyol and trimethylolethane.

(108) Liquid oxygen explosives.

(109) Magnesium ophorite explosives.

(110) Mannitol hexanitrate.

(111) MDNP (methyl 4,4-dinitropentanoate).

(112) MEAN (monoethanolamine nitrate).

(113) Mercuric fulminate.

(114) Mercury oxalate.

(115) Mercury tartrate.

(116) Metriol trinitrate.

(117) Minol-2 (40% TNT, 40% ammonium nitrate, 20% aluminum).

(118) MMAN (monomethylamine nitrate); methylamine nitrate.

(119) Mononitrotoluene-nitroglycerin mixture.

(120) Monopropellants.

(121) NIBTN (nitroisobutametriol trinitrate).

(122) Nitrate sensitized with gelled nitroparaffin.

(123) Nitrated carbohydrate explosive.

(124) Nitrated glucoside explosive.

(125) Nitrated polyhydric alcohol explosives.

(126) Nitrates of soda explosive mixtures.

(127) Nitric acid and a nitro aromatic compound explosive.

(128) Nitric acid and carboxylic fuel explosive.

(129) Nitric acid explosive mixtures.

(130) Nitro aromatic explosive mixtures.

(131) Nitro compounds of furane explosive mixtures.

(132) Nitrocellulose explosive.

(133) Nitroderivative of urea explosive mixture.

(134) Nitrogelatin explosive.

(135) Nitrogen trichloride.

(136) Nitrogen tri-iodide.

(137) Nitroglycerine (NG, RNG, nitro, glyceryl trinitrate, trinitroglycerine).

(138) Nitroglycide.

(139) Nitroglycol (ethylene glycol dinitrate, EGDN).

(140) Nitroguanidine explosives.

(141) Nitroparaffins explosive grade and ammonium nitrate mixtures.

(142) Nitronium perchlorate propellant mixtures.

(143) Nitrostarch.

(144) Nitro substituted carboxylic acids.

(145) Nitrourea.

(146) Octogen (HMX).

(147) Octol (75% HMX, 25% TNT).

(148) Organic amine nitrates.

(149) Organic nitramines.

(150) PBX (RDX and plasticizer).

(151) Pellet powder.

(152) Penthrinite composition.

(153) Pentolit.

(154) Perchlorate explosive mixtures.

(155) Peroxide based explosive mixtures.

(156) PETN (nitropentaerythrite, pentaerythrite tetranitrate, pentaerythritol tetranitrate).

(157) Picramic acid and its salts.

(158) Picramide.

(159) Picrate of potassium explosive mixtures.

(160) Picratol.

(161) Picric acid (manufactured as an explosive).

(162) Picryl chloride.

(163) Picryl fluoride.

(164) PLX (95% nitromethane, 5% ethylenediamine).

(165) Polynitro aliphatic compounds.

(166) Polyolpolynitrate-nitrocellulose explosive gels.

(167) Potassium chlorate and lead sulfocyanate explosive.

(168) Potassium nitrate explosive mixtures.

(169) Potassium nitroaminotetrazole.

(170) Pyrotechnic compositions.

(171) PYX (2,6-bis(picrylamino)-3,5-dinitropyridine).

(172) RDX (cyclonite, hexogen, T4,cyclo-l,3, 5,-trimethylene-2,4,6,-rinitramine; hexahydro-l,3,5-trinitro-S-triazine).

(173) Safety fuse.

(174) Salutes (bulk).

(175) Salts of organic amino sulfonic acid explosive mixture.

(176) Silver acetylide.

(177) Silver azide.

(178) Silver fulminate.

(179) Silver oxalate explosive mixtures.

(180) Silver styphnate.

(181) Silver tartrate explosive mixtures.

(182) Silver tetrazene.

(183) Slurried explosive mixtures of water, inorganic oxidizing salt, gelling agent, fuel, and sensitizer, cap sensitive.

(184) Smokeless powder.

(185) Sodatol.

(186) Sodium amatol.

(187) Sodium azide explosive mixture.

(188) Sodium dinitro-ortho-cresolate.

(189) Sodium nitrate-potassium nitrate explosive mixture.

(190) Sodium picramate.

(191) Special fireworks (as defined in IC 22-11-14-1).

(192) Squibs.

(193) Styphnic acid explosives.

(194) Tacot (tetranitro-2,3,5,6-dibenzo-l,3a,4,6a tetrazapentalene).

(195) TATB (triaminotrinitrobenzene).

(196) TATP (triacetone triperoxide).

(197) TEGDN (triethylene glycol dinitrate).

(198) Tetrazene (tetracene, tetrazine, l(5-tetrazolyl)-4-guanyl tetrazene hydrate).

(199) Tetranitrocarbazole.

(200) Tetryl (2,4,6 tetranitro-N-methylaniline).

(201) Tetrytol.

(202) Thickened inorganic oxidizer salt slurried explosive mixture.

(203) TMETN (trimethylolethane trinitrate).

(204) TNEF (trinitroethyl formal).

(205) TNEOC (trinitroethylorthocarbonate).

(206) TNEOF (trinitroethylorthoformate).

(207) TNT (trinitrotoluene, trotyl, trilite, triton).

(208) Torpex.

(209) Tridite.

(210) Trimethylol ethyl methane trinitrate composition.

(211) Trimethylolthane trinitrate-nitrocellulose.

(212) Trimonite.

(213) Trinitroanisole.

(214) Trinitrobenzene.

(215) Trinitrobenzoic acid.

(216) Trinitrocresol.

(217) Trinitro-meta-cresol.

(218) Trinitronaphthalene.

(219) Trinitrophenetol.

(220) Trinitrophloroglucinol.

(221) Trinitroresorcinol.

(222) Tritonal.

(223) Urea nitrate.

(224) Water bearing explosives having salts of oxidizing acids and nitrogen bases, sulfates, or sulfamates, cap sensitive.

(225) Water in oil emulsion explosive compositions.

(226) Xanthamonas hydrophilic colloid explosive mixture.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-4Chapter 4. Registration and Control

35-47.5-4-1Inspection of places regulated explosives manufactured 35-47.5-4-2Insurance required of regulated explosive manufacturer; proof of insurance; exemption 35-47.5-4-3Inspection of places regulated explosives stored 35-47.5-4-4Regulated explosives magazine permits; expiration of permits 35-47.5-4-4Regulated explosives magazine permits; expiration of permits 35-47.5-4-4.5Rules 35-47.5-4-4.5Rules 35-47.5-4-5Qualifications for issuance and renewal of permit 35-47.5-4-5Qualifications for issuance and renewal of permit 35-47.5-4-6Violation of permit requirement; exception 35-47.5-4-6Violation of permit requirement; exception 35-47.5-4-7Reporting injuries caused by destructive device

IC 35-47.5-4-1Inspection of places regulated explosives manufactured Sec. 1. The department shall carry out a program to inspect places where regulated explosives are manufactured in accordance with IC 22-14-2-11.

As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.540; P.L.187-2021, SEC.131; P.L.28-2026, SEC.48.

IC 35-47.5-4-2Insurance required of regulated explosive manufacturer; proof of insurance; exemption Sec. 2. (a) The department may order any person engaged in the manufacture or handling of a regulated explosive and any person with control over a place where regulated explosives are manufactured or handled to maintain insurance covering fire and explosion losses. The order is not effective until sixty (60) days after the date that notice of the order is received.

(b) The state fire marshal shall specify the insurance required under subsection (a) in an amount not less than ten thousand dollars ($10,000) nor more than two hundred fifty thousand dollars ($250,000).

(c) Proof of the insurance required under this section must be maintained with the department of insurance.

(d) The insurance commissioner may exempt a person from the insurance requirements under this section if an applicant for the exemption submits proof that the applicant has the financial ability to discharge all judgments in the amount specified by the state fire marshal. The insurance commissioner may revoke an exemption under this subsection if the commissioner requires additional proof of financial ability and:

(1) the exempted person fails to comply with the order; or

(2) the insurance commissioner determines that the exempted person has failed to provide adequate proof of financial ability.

As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.541; P.L.187-2021, SEC.132.

IC 35-47.5-4-3Inspection of places regulated explosives stored Sec. 3. The department shall carry out a program to periodically inspect places where regulated explosives are stored.

As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.542; P.L.187-2021, SEC.133.

IC 35-47.5-4-4Regulated explosives magazine permits; expiration of permits Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 4. (a) The department shall issue a regulated explosives magazine permit to maintain an explosives magazine to an applicant who qualifies under section 5 of this chapter.

(b) A permit issued under subsection (a) expires one (1) year after it is issued. The permit is limited to storage of the types and maximum quantities of explosives specified in the permit in the place covered by the permit and under the construction and location requirements specified in the rules of the commission.

As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.543; P.L.187-2021, SEC.134.

IC 35-47.5-4-4Regulated explosives magazine permits; expiration of permits Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 4. (a) The department shall issue a regulated explosives magazine permit to maintain an explosives magazine to an applicant who qualifies under section 5 of this chapter.

(b) A permit issued under subsection (a) expires one (1) year after it is issued. The permit is limited to storage of the types and maximum quantities of explosives specified in the permit in the place covered by the permit and under the construction and location requirements specified in the rules of the department.

As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.543; P.L.187-2021, SEC.134; P.L.152-2026, SEC.486.

IC 35-47.5-4-4.5Rules Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 4.5. (a) This section does not apply to:

(1) a person who is regulated under IC 14-34; or

(2) near surface or subsurface use of regulated explosives associated with oil and natural gas:

(A) exploration;

(B) development;

(C) production; or

(D) abandonment activities or procedures.

(b) The commission shall adopt rules under IC 4-22-2 to:

(1) govern the use of a regulated explosive; and

(2) establish requirements for the issuance of a license for the use of a regulated explosive.

(c) The commission shall include the following requirements in the rules adopted under subsection (b):

(1) Relicensure every three (3) years after the initial issuance of a license.

(2) Continuing education as a condition of relicensure.

(3) An application for licensure or relicensure must be submitted to the department on forms approved by the commission.

(4) A fee for licensure and relicensure.

(5) Reciprocal recognition of a license for the use of a regulated explosive issued by another state if the licensure requirements of the other state are substantially similar to the licensure requirements established by the commission.

(d) A person may not use a regulated explosive unless the person has a license issued under this section for the use of a regulated explosive.

(e) The department shall carry out the licensing and relicensing program under the rules adopted by the commission.

(f) As used in this section, "regulated explosive" does not include either of the following:

(1) Consumer fireworks (as defined in 27 CFR 555.11).

(2) Commercially manufactured black powder in quantities not to exceed fifty (50) pounds, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices.

As added by P.L.35-2004, SEC.2. Amended by P.L.25-2004, SEC.6; P.L.2-2005, SEC.128; P.L.80-2005, SEC.7; P.L.1-2006, SEC.544; P.L.187-2021, SEC.135.

IC 35-47.5-4-4.5Rules Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 4.5. (a) This section does not apply to:

(1) a person who is regulated under IC 14-34; or

(2) near surface or subsurface use of regulated explosives associated with oil and natural gas:

(A) exploration;

(B) development;

(C) production; or

(D) abandonment activities or procedures.

(b) The department shall adopt rules under IC 4-22-2 to:

(1) govern the use of a regulated explosive; and

(2) establish requirements for the issuance of a license for the use of a regulated explosive.

(c) The department shall include the following requirements in the rules adopted under subsection (b):

(1) Relicensure every three (3) years after the initial issuance of a license.

(2) Continuing education as a condition of relicensure.

(3) An application for licensure or relicensure must be submitted to the department on forms approved by the department.

(4) A fee for licensure and relicensure.

(5) Reciprocal recognition of a license for the use of a regulated explosive issued by another state if the licensure requirements of the other state are substantially similar to the licensure requirements established by the department.

(d) A person may not use a regulated explosive unless the person has a license issued under this section for the use of a regulated explosive.

(e) The department shall carry out the licensing and relicensing program under the rules adopted by the department.

(f) As used in this section, "regulated explosive" does not include either of the following:

(1) Consumer fireworks (as defined in 27 CFR 555.11).

(2) Commercially manufactured black powder in quantities not to exceed fifty (50) pounds, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices.

As added by P.L.35-2004, SEC.2. Amended by P.L.25-2004, SEC.6; P.L.2-2005, SEC.128; P.L.80-2005, SEC.7; P.L.1-2006, SEC.544; P.L.187-2021, SEC.135; P.L.152-2026, SEC.487.

IC 35-47.5-4-5Qualifications for issuance and renewal of permit Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 5. (a) To qualify for a regulated explosives permit, an applicant must:

(1) submit information on the form provided by the state fire marshal describing:

(A) the location of the affected magazine;

(B) the types and maximum quantities of explosives that will be kept in the place covered by the application; and

(C) the distance that the affected magazine will be located from the nearest highway, railway, and structure that is also used as a place of habitation or assembly other than for the manufacture of explosives;

(2) except as provided in subdivision (3), demonstrate through an inspection that the magazine is constructed and located in accordance with the rules adopted by the commission;

(3) demonstrate through an inspection that smoking, matches, open flames, and spark producing devices are not allowed within a room containing an indoor magazine; and

(4) pay the fee under IC 22-12-6-6.

(b) To qualify for the renewal of a regulated explosives permit, the applicant must pay the fee under IC 22-12-6-6.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-4-5Qualifications for issuance and renewal of permit Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 5. (a) To qualify for a regulated explosives permit, an applicant must:

(1) submit information on the form provided by the state fire marshal describing:

(A) the location of the affected magazine;

(B) the types and maximum quantities of explosives that will be kept in the place covered by the application; and

(C) the distance that the affected magazine will be located from the nearest highway, railway, and structure that is also used as a place of habitation or assembly other than for the manufacture of explosives;

(2) except as provided in subdivision (3), demonstrate through an inspection that the magazine is constructed and located in accordance with the rules adopted by the department;

(3) demonstrate through an inspection that smoking, matches, open flames, and spark producing devices are not allowed within a room containing an indoor magazine; and

(4) pay the fee under IC 22-12-6-6.

(b) To qualify for the renewal of a regulated explosives permit, the applicant must pay the fee under IC 22-12-6-6.

As added by P.L.123-2002, SEC.50. Amended by P.L.152-2026, SEC.488.

IC 35-47.5-4-6Violation of permit requirement; exception Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 6. (a) This section does not apply to storage that is exempted from the requirements of this section in the rules adopted by the commission under IC 22-13-3.

(b) A person who:

(1) stores a regulated explosive;

(2) has control over a regulated explosive that is stored; or

(3) has control over a place where a regulated explosive is stored;

without a regulated explosives magazine permit issued under this chapter that covers the storage commits a Class C infraction.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-4-6Violation of permit requirement; exception Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 6. (a) This section does not apply to storage that is exempted from the requirements of this section in the rules adopted by the department under IC 22-13-3.

(b) A person who:

(1) stores a regulated explosive;

(2) has control over a regulated explosive that is stored; or

(3) has control over a place where a regulated explosive is stored;

without a regulated explosives magazine permit issued under this chapter that covers the storage commits a Class C infraction.

As added by P.L.123-2002, SEC.50. Amended by P.L.152-2026, SEC.489.

IC 35-47.5-4-7Reporting injuries caused by destructive device Sec. 7. A physician or hospital that has reason to believe that the physician or hospital is treating a person for an injury inflicted while the person was making or using a destructive device shall report the injury to a local law enforcement agency under IC 35-47-7-5.

As added by P.L.123-2002, SEC.50.

IC 35-47.5-5Chapter 5. Offenses Relating to Regulated Explosives

35-47.5-5-0.1Repealed 35-47.5-5-1Application 35-47.5-5-2Destructive devices 35-47.5-5-3Regulated explosives; persons convicted of felonies; prior unrelated convictions 35-47.5-5-4Distribution of regulated explosives to persons convicted of felony 35-47.5-5-5Distribution of destructive device, explosive, or detonator to a minor 35-47.5-5-6Hoax devices or replicas 35-47.5-5-7Hindering or obstructing detection, disarming, or destruction of destructive device 35-47.5-5-8Destructive device or explosive to kill, injure, or intimidate or to destroy property 35-47.5-5-9Use of overpressure device 35-47.5-5-10Deploying a booby trap 35-47.5-5-11Use of regulated explosive in violation of commission rule 35-47.5-5-11Use of regulated explosive in violation of department rule

IC 35-47.5-5-0.1RepealedAs added by P.L.220-2011, SEC.626. Repealed by P.L.63-2012, SEC.80.

IC 35-47.5-5-1Application Sec. 1. Sections 2, 3, 4, 5, and 6 of this chapter do not apply to the following:

(1) A person authorized to manufacture, possess, transport, distribute, or use a destructive device or detonator under the laws of the United States, as amended, or under Indiana law when the person is acting in accordance with the laws, regulations, and rules issued under federal or Indiana law.

(2) A person who is issued a permit for blasting or surface coal mining by the director of the department of natural resources under IC 14-34 when the person is acting under the laws and rules of Indiana and any ordinances and regulations of the political subdivision or authority of the state where blasting or mining operations are being performed.

(3) Fireworks (as defined in IC 22-11-14-1) and a person authorized by the laws of Indiana and of the United States to manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks.

(4) A law enforcement agency, a fire service agency, the department of homeland security, or an emergency management agency of Indiana, an agency or an authority of a political subdivision of the state or the United States, and an employee or authorized agent of the United States while in performance of official duties.

(5) A law enforcement officer, a fire official, or an emergency management official of the United States or any other state if that person is attending training in Indiana.

(6) The armed forces of the United States or of Indiana.

(7) Research or educational programs conducted by or on behalf of a college, university, or secondary school that are:

(A) authorized by the chief executive officer of the educational institution or the officer's designee; or

(B) conducted under the policy of the educational institution;

and conducted in accordance with the laws of the United States and Indiana.

(8) The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent published edition of the official United States Pharmacopoeia or the National Formulary.

(9) Small arms ammunition and reloading components of small arms ammunition.

(10) Commercially manufactured black powder in quantities not to exceed fifty (50) pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices.

(11) An explosive that is lawfully possessed for use in legitimate agricultural or business activities.

As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.545.

IC 35-47.5-5-2Destructive devices Sec. 2. A person who knowingly or intentionally:

(1) possesses;

(2) manufactures;

(3) transports;

(4) distributes;

(5) possesses with the intent to distribute; or

(6) offers to distribute;

a destructive device, unless authorized by law, commits a Level 5 felony.

As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.608.

IC 35-47.5-5-3Regulated explosives; persons convicted of felonies; prior unrelated convictions Sec. 3. A person who has been convicted of a felony by an Indiana court or a court of any other state, the United States, or another country and knowingly or intentionally:

(1) possesses;

(2) manufactures;

(3) transports;

(4) distributes;

(5) possesses with the intent to distribute; or

(6) offers to distribute;

a regulated explosive commits a Level 5 felony. However, the offense is a Level 4 felony if the person has a prior unrelated conviction for an offense under this section.

As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.609.

IC 35-47.5-5-4Distribution of regulated explosives to persons convicted of felony Sec. 4. A person who knowingly or intentionally distributes a regulated explosive to a person who has been convicted of a felony by an Indiana court or a court of another state, the United States, or another country commits a Level 5 felony.

As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.610.

IC 35-47.5-5-5Distribution of destructive device, explosive, or detonator to a minor Sec. 5. A person who knowingly or intentionally distributes or offers to distribute:

(1) a destructive device;

(2) an explosive; or

(3) a detonator;

to a person who is less than eighteen (18) years of age commits a Level 4 felony.

As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.611.

IC 35-47.5-5-6Hoax devices or replicas Sec. 6. A person who:

(1) manufactures;

(2) possesses;

(3) transports;

(4) distributes; or

(5) uses;

a hoax device or replica with the intent to cause another to believe that the hoax device or replica is a destructive device or detonator commits a Level 6 felony.

As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.612.

IC 35-47.5-5-7Hindering or obstructing detection, disarming, or destruction of destructive device Sec. 7. A person who knowingly or intentionally hinders or obstructs:

(1) a law enforcement officer;

(2) a fire official;

(3) an emergency management official;

(4) an animal trained to detect destructive devices; or

(5) a robot or mechanical device designed or used by a law enforcement officer, fire official, or emergency management official;

of Indiana or of the United States in the detection, disarming, or destruction of a destructive device commits a Level 4 felony.

As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.613.

IC 35-47.5-5-8Destructive device or explosive to kill, injure, or intimidate or to destroy property Sec. 8. A person who:

(1) possesses;

(2) transports;

(3) receives;

(4) places; or

(5) detonates;

a destructive device or explosive with the knowledge or intent that it will be used to kill, injure, or intimidate an individual or to destroy property commits a Level 2 felony.

As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.614.

IC 35-47.5-5-9Use of overpressure device Sec. 9. A person who knowingly or intentionally uses an overpressure device commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction for an offense under this section.

As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.615.

IC 35-47.5-5-10Deploying a booby trap Sec. 10. A person who knowingly or intentionally deploys a booby trap commits a Level 6 felony.

As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.616.

IC 35-47.5-5-11Use of regulated explosive in violation of commission rule Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 11. A person who recklessly violates a rule regarding the use of a regulated explosive adopted by the commission under IC 35-47.5-4-4.5 commits a Class A misdemeanor. However, the offense is:

(1) a Level 6 felony if the violation of the rule proximately causes bodily injury; and

(2) a Level 5 felony if the violation of the rule proximately causes death.

As added by P.L.35-2004, SEC.3. Amended by P.L.158-2013, SEC.617.

IC 35-47.5-5-11Use of regulated explosive in violation of department rule Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 11. A person who recklessly violates a rule regarding the use of a regulated explosive adopted by the department under IC 35-47.5-4-4.5 commits a Class A misdemeanor. However, the offense is:

(1) a Level 6 felony if the violation of the rule proximately causes bodily injury; and

(2) a Level 5 felony if the violation of the rule proximately causes death.

As added by P.L.35-2004, SEC.3. Amended by P.L.158-2013, SEC.617; P.L.152-2026, SEC.490.

IC 35-48ARTICLE 48. CONTROLLED SUBSTANCES

Ch. 1.Repealed Ch. 1.1.Definitions Ch. 2.Classification of Drugs Ch. 3.Registration and Control Ch. 4.Offenses Relating to Controlled Substances Ch. 5.Repealed Ch. 6.Repealed Ch. 7.Repealed

IC 35-48-1Chapter 1. RepealedRepealed by P.L.186-2025, SEC.248.

IC 35-48-1.1Chapter 1.1. Definitions

35-48-1.1-1Application of certain amendments to chapter 35-48-1.1-2Definitions; application 35-48-1.1-3"Administer" 35-48-1.1-4"Agent" 35-48-1.1-5"Board" 35-48-1.1-6"Cocaine" 35-48-1.1-7"Controlled substance" 35-48-1.1-8"Controlled substance analog" 35-48-1.1-9"Counterfeit substance" 35-48-1.1-10"Delivery" 35-48-1.1-11"Dispense" 35-48-1.1-12"Dispenser" 35-48-1.1-13"Distribute" 35-48-1.1-14"Distributor" 35-48-1.1-15"Drug" 35-48-1.1-16"Drug offense" 35-48-1.1-17"Drug related felony" 35-48-1.1-18"Enhancing circumstance" 35-48-1.1-19"Fentanyl containing substance" 35-48-1.1-20"Fentanyl related substance" 35-48-1.1-21"Hashish" 35-48-1.1-22"Hash oil" 35-48-1.1-23"Hemp bud" 35-48-1.1-24"Hemp flower" 35-48-1.1-25"Immediate precursor" 35-48-1.1-26"Isomer" 35-48-1.1-27"Low THC hemp extract" 35-48-1.1-28"Manufacture" 35-48-1.1-29"Marijuana" 35-48-1.1-30"Narcotic drug" 35-48-1.1-31"Opiate" or "opioid" 35-48-1.1-32"Opium poppy" 35-48-1.1-33"Poppy straw" 35-48-1.1-34"Practitioner" 35-48-1.1-35"Prescription drug" 35-48-1.1-36"Production" 35-48-1.1-37"Sale to a minor" 35-48-1.1-38"Smokable hemp" 35-48-1.1-39"Ultimate user"

IC 35-48-1.1-1Application of certain amendments to chapter Sec. 1. Section 8 of this chapter (formerly IC 35-48-1-9.3, as added by P.L.225-2003) applies only to a controlled substance offense under IC 35-48-4 that occurs after June 30, 2003.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-2Definitions; application Sec. 2. The definitions in this chapter apply throughout this article.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-3"Administer" Sec. 3. "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

(1) a practitioner or by the practitioner's authorized agent; or

(2) the patient or research subject at the direction and in the presence of the practitioner.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-4"Agent" Sec. 4. "Agent" means an authorized person who acts on behalf of, or at the direction of, a manufacturer, distributor, or dispenser, but it does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-5"Board" Sec. 5. "Board" refers to the Indiana state board of pharmacy.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-6"Cocaine" Sec. 6. "Cocaine" includes coca leaves and any salt, compound, or derivative of coca leaves, and any salt, compound, isomer, derivative, or preparation which is chemically equivalent or identical to any of these substances. However, decocainized coca leaves or extraction of coca leaves that do not contain cocaine or ecgonine are not included.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-7"Controlled substance" Sec. 7. "Controlled substance" means a drug, substance, or immediate precursor in schedule I, II, III, IV, or V under:

(1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or IC 35-48-2-12, if IC 35-48-2-14 does not apply; or

(2) a rule adopted by the board, if IC 35-48-2-14 applies.

The term does not include low THC hemp extract.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-8"Controlled substance analog" Sec. 8. (a) "Controlled substance analog" means a substance that, due to its chemical structure and potential for abuse or misuse, meets the following criteria:

(1) The substance is substantially similar to a controlled substance classified under IC 35-48-2.

(2) The substance 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 substantially similar to or greater than that of a controlled substance classified under IC 35-48-2.

(b) The definition set forth in subsection (a) does not include:

(1) a controlled substance;

(2) a legend drug;

(3) a substance for which there is an approved new drug application;

(4) any compound, mixture, or preparation that contains any controlled substance, that is not for administration to a human being or an animal, and that is packaged in a form or concentration, or with adulterants or denaturants, such that as packaged it does not present any significant potential for abuse;

(5) a substance to which an investigational exemption applies under Section 505 of the federal Food, Drug and Cosmetic Act (chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the extent that conduct with respect to the substance is pursuant to the exemption; or

(6) low THC hemp extract.

(c) For purposes of subsection (a), "substantially similar", as it applies to the chemical structure of a substance, means that the chemical structure of the substance, when compared to the structure of a controlled substance, has a single difference in the structural formula that substitutes one (1) atom or functional group for another, including:

(1) one (1) halogen for another halogen;

(2) one (1) hydrogen for a halogen;

(3) one (1) halogen for a hydrogen; or

(4) an alkyl group added or deleted:

(A) as a side chain to or from a molecule; or

(B) from a side chain of a molecule.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-9"Counterfeit substance" Sec. 9. "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-10"Delivery" Sec. 10. "Delivery" means:

(1) an actual or constructive transfer from one (1) person to another of a controlled substance, whether or not there is an agency relationship; or

(2) the organizing or supervising of an activity described in subdivision (1).

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-11"Dispense" Sec. 11. "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner and includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-12"Dispenser" Sec. 12. "Dispenser" means a practitioner who dispenses.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-13"Distribute" Sec. 13. "Distribute" means to deliver other than by administering or dispensing a controlled substance.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-14"Distributor" Sec. 14. "Distributor" means a person who distributes.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-15"Drug" Sec. 15. (a) Except as provided in subsection (b), "drug" has the meaning set forth in IC 16-42-19-2. It does not include devices or their components, parts, or accessories, nor does it include food.

(b) For purposes of IC 35-48-4, "drug":

(1) has the meaning set forth in subsection (a); and

(2) includes a controlled substance (as defined in section 7 of this chapter) and a controlled substance analog (as defined in section 8 of this chapter).

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-16"Drug offense" Sec. 16. "Drug offense" means a felony or misdemeanor involving the production, delivery, sale, or possession of a controlled substance.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-17"Drug related felony" Sec. 17. "Drug related felony" means a felony conviction for an offense described in:

(1) IC 35-48-4-1 through IC 35-48-4-11.5 (repealed); or

(2) IC 35-48-4-13 (repealed) through IC 35-48-4-14.7.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-18"Enhancing circumstance" Sec. 18. "Enhancing circumstance" means one (1) or more of the following:

(1) The person has a prior conviction for dealing in a controlled substance that is not marijuana, hashish, hash oil, or salvia divinorum.

(2) The person committed the offense while in possession of a firearm.

(3) The person committed the offense:

(A) on a school bus; or

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

(i) school property while a person under eighteen (18) years of age was reasonably expected to be present; or

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

(4) The person delivered or financed the delivery of the drug to a person under eighteen (18) years of age at least three (3) years junior to the person.

(5) The person manufactured or financed the manufacture of the drug.

(6) The person committed the offense in the physical presence of a child less than eighteen (18) years of age, knowing that the child was present and might be able to see or hear the offense.

(7) The person committed the offense on the property of a:

(A) penal facility; or

(B) juvenile facility (as defined in IC 35-44.1-3-5).

(8) The person knowingly committed the offense in, on, or within one hundred (100) feet of a facility. For purposes of this subdivision, "facility" means a place that is:

(A) created and funded under IC 12-23-14 or IC 33-23-16;

(B) certified under IC 12-23-1-6; or

(C) used for the purpose of conducting a recovery or support group meeting;

and at which a drug abuser (as defined in IC 12-7-2.1-129) may be provided with treatment, care, or rehabilitation.

As added by P.L.186-2025, SEC.249. Amended by P.L.145-2026, SEC.243.

IC 35-48-1.1-19"Fentanyl containing substance" Sec. 19. "Fentanyl containing substance" means one (1) or more of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers:

(1) 4-fluoroisobutyryl fentanyl.

(2) Acetyl fentanyl (Other names include: N-(1-phenethylpiperidin-4-yl)- N- phenylacetamide).

(3) Cyclopentyl fentanyl. Other name: N-(1-phenethylpiperidin- 4-yl)-N- phenylcyclopentanecarboxamide.

(4) Fentanyl related substances.

(5) Furanyl fentanyl.

(6) Isobutyryl fentanyl. Other name: N-(1-phenethylpiperidin- 4-yl)-N- phenylisobutyramide.

(7) Methoxyacetyl fentanyl. Other name: 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.

(8) 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4- piperidyl] - N-phenyl-propanimide] (9813).

(9) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4- piperidinyl]-N-phenylpropanamide) (9833).

(10) N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide (para-chloroisobutyryl fentanyl).

(11) N-(2-fluorophenyl)-2-methoxy- N-(1-phenethylpiperidin-4-yl) acetamide (ocfentanil).

(12) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide (para-fluorobutyryl fentanyl).

(13) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl fentanyl).

(14) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl).

(15) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide (para-methoxybutyryl fentanyl).

(16) N-[1-(2-thienyl)methyl-4-piperidyl]- N-phenylpropanamide (thenylfentanyl), including any isomers, salts, or salts of isomers (9834).

(17) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl).

(18) N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide (cyclopentyl fentanyl).

(19) Para-chloroisobutyryl fentanyl. Other name: N-(4-chlorophenyl)- N-(1-phenethylpiperidin- 4-yl) isobutyramide.

(20) Para-fluorobutyryl fentanyl. Other name: N-(4- fluorophenyl)-N- (1-phenethylpiperidin- 4-yl)butyramide.

(21) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1- (2-phenethyl)- 4-piperidinyl] propanamide (9812).

(22) Para-methoxybutyryl fentanyl. Other name: N-(4- methoxyphenyl)-N- (1-phenethylpiperidin-4-yl)butyramide.

(23) Tetrahydrofuranyl fentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb oxamide.

(24) Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4- piperidinyl] -propanamide) (9835).

(25) Valeryl fentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.

(26) Fentanyl.

(27) An immediate precursor to fentanyl: 4-Anilino- N-Phenethyl-4-Piperidine (ANPP).

(28) Carfentanil.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-20"Fentanyl related substance" Sec. 20. "Fentanyl related substance" means any substance not listed in schedule I through V of IC 35-48-2 that is structurally related to fentanyl by one (1) or more of the following modifications:

(1) Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle.

(2) Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups.

(3) Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups.

(4) Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle.

(5) Replacement of the N-propionyl group by another acyl group.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-21"Hashish" Sec. 21. "Hashish" does not include low THC hemp extract.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-22"Hash oil" Sec. 22. "Hash oil" does not include low THC hemp extract.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-23"Hemp bud" Sec. 23. (a) "Hemp bud" means the harvested immature reproductive organ of the female hemp plant.

(b) The term does not include agricultural hemp seed.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-24"Hemp flower" Sec. 24. (a) "Hemp flower" means the harvested reproductive organ, whether immature or mature, of the female hemp plant.

(b) The term does not include agricultural hemp seed.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-25"Immediate precursor" Sec. 25. "Immediate precursor" means a substance which the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediate used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-26"Isomer" Sec. 26. (a) Except as provided in subsections (b) and (c), "isomer" means an optical isomer.

(b) "Isomer", as used in IC 35-48-2-4(d), means an optical, positional, or geometric isomer.

(c) "Isomer", as used in section 6 of this chapter, means an optical or geometric isomer.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-27"Low THC hemp extract" Sec. 27. (a) "Low THC hemp extract" means a substance or compound that:

(1) is derived from or contains any part of the plant Cannabis sativa L. that meets the definition of hemp under IC 15-15-13-6;

(2) contains not more than three-tenths percent (0.3%) total delta-9-tetrahydrocannabinol (THC), including precursors, by weight; and

(3) contains no other controlled substances.

(b) The term does not include:

(1) the harvested reproductive organ, whether immature or mature, of the female hemp plant; or

(2) smokable hemp.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-28"Manufacture" Sec. 28. "Manufacture" means the following:

(1) For offenses not involving marijuana, hashish, or hash oil:

(A) the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. It does not include the preparation, compounding, packaging, or labeling of a controlled substance:

(i) by a practitioner as an incident to administering or dispensing of a controlled substance in the course of a professional practice; or

(ii) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or

(B) the organizing or supervising of an activity described in clause (A).

(2) For offenses involving marijuana, hashish, or hash oil:

(A) the preparation, compounding, conversion, or processing of marijuana, hashish, or hash oil, either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the marijuana, hashish, or hash oil, or labeling or relabeling of its container. It does not include planting, growing, cultivating, or harvesting a plant, or the preparation, compounding, packaging, or labeling of marijuana, hashish, or hash oil:

(i) by a practitioner as an incident to lawfully administering or dispensing of marijuana, hashish, or hash oil in the course of a professional practice; or

(ii) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or

(B) the organizing or supervising of an activity described in clause (A).

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-29"Marijuana" Sec. 29. (a) "Marijuana" means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

(b) The term does not include:

(1) the mature stalks of the plant;

(2) fiber produced from the stalks;

(3) oil or cake made from the seeds of the plant;

(4) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom);

(5) the sterilized seed of the plant which is incapable of germination;

(6) hemp (as defined by IC 15-15-13-6);

(7) low THC hemp extract; or

(8) smokable hemp.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-30"Narcotic drug" Sec. 30. "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.

(2) Opium poppy and poppy straw.

(3) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this section.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-31"Opiate" or "opioid" Sec. 31. "Opiate" or "opioid" means a drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under IC 35-48-2, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-32"Opium poppy" Sec. 32. "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-33"Poppy straw" Sec. 33. "Poppy straw" means any part, except the seeds, of the opium poppy, after mowing.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-34"Practitioner" Sec. 34. "Practitioner" means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other institution or individual licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in Indiana.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-35"Prescription drug" Sec. 35. "Prescription drug" means a controlled substance or a legend drug (as defined in IC 16-18-2-199).

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-36"Production" Sec. 36. "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-37"Sale to a minor" Sec. 37. "Sale to a minor" means delivery or financing the delivery of a drug to a person less than eighteen (18) years of age and at least three (3) years junior to the person making the delivery or financing.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-38"Smokable hemp" Sec. 38. (a) Except as provided in subsection (b), "smokable hemp" means a product containing not more than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol (THC), including precursors and derivatives of THC, in a form that allows THC to be introduced into the human body by inhalation of smoke. The term includes:

(1) hemp bud; and

(2) hemp flower.

(b) The term does not include:

(1) a hemp plant that is; or

(2) parts of a hemp plant that are;

grown or handled by a licensee for processing or manufacturing into a legal hemp product.

As added by P.L.186-2025, SEC.249.

IC 35-48-1.1-39"Ultimate user" Sec. 39. "Ultimate user" means a person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administering to an animal owned by the person or by a member of the person's household.

As added by P.L.186-2025, SEC.249.

IC 35-48-2Chapter 2. Classification of Drugs

35-48-2-0.1Repealed 35-48-2-1Considerations of board determinations on substances; exclusion of a narcotic substance from schedule 35-48-2-1.1Repealed 35-48-2-1.5Repealed 35-48-2-2Nomenclature 35-48-2-3Schedule I tests 35-48-2-4Schedule I 35-48-2-5Schedule II tests 35-48-2-6Schedule II 35-48-2-7Schedule III tests 35-48-2-8Schedule III 35-48-2-9Schedule IV tests 35-48-2-10Schedule IV 35-48-2-11Schedule V tests 35-48-2-12Schedule V 35-48-2-13Repealed 35-48-2-14Reclassification; rules