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IN SB0023
Bill
Status
1/3/2019
Primary Sponsor
James Merritt
Click for details
AI Summary
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Possessing or dealing in a controlled substance analog becomes punishable at the same level as the controlled substance it mimics, with analogs treated as the highest scheduled controlled substance to which they are similar
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Defines "controlled substance analog" as a substance with substantially similar chemical structure and pharmacological effects to Schedule I or II controlled substances, and establishes 12 factors courts may consider in determining whether a substance qualifies
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Repeals existing separate offenses for "synthetic drug lookalike substances" (IC 35-48-4-10.5 and IC 35-48-4-11.5), consolidating prosecution under controlled substance analog provisions
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Creates new offense of dealing in a "substance represented to be a controlled substance" as a Level 6 felony (Level 5 with prior conviction), with possession as a Class C misdemeanor (Class A with prior conviction)
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Effective date of July 1, 2019, with conforming amendments to numerous Indiana Code sections addressing licensing, professional certification, and civil forfeiture provisions
Legislative Description
Crimes involving synthetic drugs. Makes possessing or dealing in a substance that is a controlled substance analog an offense of the same level as possession of or dealing in 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
1/3/2019