Indiana § 35-48-4-18 - Xylazine

§ 35-48-4-18. Xylazine

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).

As added by P.L.58-2024, SEC.1.

IC 35-48-5Chapter 5. RepealedRepealed by P.L.202-1989, SEC.6.

IC 35-48-6Chapter 6. RepealedRepealed by P.L.2-1995, SEC.140.

IC 35-48-7Chapter 7. RepealedRepealed by P.L.51-2019, SEC.21.

IC 35-49ARTICLE 49. OBSCENITY AND PORNOGRAPHY

Ch. 1.Definitions Ch. 2.General Provisions Ch. 3.Crimes

IC 35-49-1Chapter 1. Definitions

35-49-1-0.1Repealed 35-49-1-1Definitions applicable throughout article 35-49-1-2"Distribute" 35-49-1-3"Matter" 35-49-1-4"Minor" 35-49-1-5"Nudity" 35-49-1-6"Owner" 35-49-1-7"Performance" 35-49-1-8"Sado-masochistic abuse" 35-49-1-9"Sexual conduct" 35-49-1-10"Sexual excitement"