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IN SB0411
Bill
Status
1/10/2017
Primary Sponsor
Erin Houchin
Click for details
AI Summary
SB 411 Summary
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Treats possession and dealing of controlled substance analogs as the same offense level as the actual controlled substances they mimic, rather than as separate synthetic drug crimes.
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Defines "substance represented to be a controlled substance" and establishes 12 specific factors a jury may consider to determine if a substance meets this definition (including packaging, statements made, marketing methods, and circumstances of distribution).
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Repeals separate criminal statutes for "synthetic drug lookalike substances" (IC 35-31.5-2-321.5) and "analog" definitions, consolidating enforcement under the controlled substance analog framework.
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Removes special treatment that previously equated synthetic drug convictions with marijuana offenses for purposes of professional licensing, school employment, and other collateral consequences.
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Effective July 1, 2017, with conforming amendments across multiple Indiana Code sections related to criminal penalties, professional licensing, property forfeiture, and teacher notification requirements.
Legislative Description
Crimes involving synthetic drugs. Makes possessing or dealing a substance that is a controlled substance analog an offense of the same level as possession of or dealing the controlled substance of which the substance is an analog. Defines "substance represented to be a controlled substance" and establishes certain factors the trier of fact may consider to determine if a substance meets the definition. Repeals crimes concerning synthetic drug lookalike substances. Provides that convictions for synthetic drug offenses will, in certain cases, no longer be treated the same as marijuana offenses. Makes conforming amendments.
Last Action
First reading: referred to Committee on Corrections and Criminal Law
1/10/2017