CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1082
Citations Affected:
IC 35-48-1-9.3
;
IC 35-48-4.
Synopsis: Methamphetamine. Conference committee report for EHB 1082. Provides that a
person may be charged with an offense under the controlled substances act for certain acts
involving a controlled substance analog. Makes the possession of more than 10 grams of
ephedrine, pseudoephedrine, or phenylpropanolamine a Class D felony, and provides sentence
enhancements. Makes the possession of certain chemical reagents or precursors with the intent
to manufacture methamphetamine a Class D felony and provides sentencing enhancements.
Provides a defense to a charge of possession of a chemical reagent or precursor with intent to
distribute for a physician, pharmacist, and certain other persons required to possess a reagent or
precursor in the regular course of business, or for persons who possess certain precursors in a
manner consistent with ordinary household usage. Prohibits the sale of chemical reagents or
precursors to a methamphetamine or other controlled substance manufacturer. Requires a person
convicted of certain methamphetamine offenses to provide restitution for the costs of
environmental cleanup. Makes it a Class A misdemeanor for a person to take a person less than
18 years of age or an endangered adult into a place that is being used to unlawfully possess,
manufacture, store, sell, or deliver drugs or controlled substances. (This conference committee
report does the following: Makes the possession of more than ten grams of ephedrine,
pseudoephedrine, or phenylpropanolamine a Class D felony. Makes the possession of one
or more chemical reagents or precursors with the intent to manufacture methamphetamine
a Class D felony. Enhances the penalties for possessing chemical reagents or precursors
near a school or park or while in possession of a firearm. Provides a defense for persons
who possess more than ten grams of ephedrine, pseudoephedrine, or phenylpropanolamine
in a manner consistent with ordinary household usage.)
Effective: July 1, 2003.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1082 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
SOURCE: IC 35-48-1-9.3; (03)CC108205.1. -->
SECTION 1.
IC 35-48-1-9.3
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]:
Sec. 9.3. (a) "Controlled substance analog" means a
substance:
(1) the chemical structure of which is substantially similar to
that of a controlled substance included in schedule I or II and
that has; or
(2) that a person represents or intends to have;
a narcotic, stimulant, depressant, or hallucinogenic effect on the
central nervous system substantially similar to or greater than the
narcotic, stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance included in
schedule I or II.
(b) The definition set forth in subsection (a) does not include:
(1) a controlled substance;
(2) a substance for which there is an approved new drug
application;
(3) a substance for which an exemption is in effect for
investigational use by a person under Section 505 of the federal
Food, Drug and Cosmetic Act (chapter 675, 52 Stat. 1052 (21
U.S.C. 355)), to the extent that conduct with respect to the
substance is permitted under the exemption; or
(4) a substance to the extent not intended for human
consumption before an exemption takes effect regarding the
substance.
SOURCE: IC 35-48-4-0.5; (03)CC108205.2. -->
SECTION 2.
IC 35-48-4-0.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 0.5. For purposes of this chapter, a "controlled
substance analog" is considered to be a controlled substance in
schedule I if the analog is in whole or in part intended for human
consumption.
SOURCE: IC 35-48-4-4.6; (03)CC108205.3. -->
SECTION 3.
IC 35-48-4-4.6
, AS AMENDED BY P.L.150-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4.6. (a) A person who knowingly or intentionally:
(1) manufactures;
(2) finances the manufacture of;
(3) advertises;
(4) distributes; or
(5) possesses with intent to manufacture, finance the manufacture
of, advertise, or distribute;
a substance described in section 4.5 of this chapter commits a Class C
felony.
(b) A person who knowingly or intentionally possesses a substance
described in section 4.5 of this chapter commits a Class C
misdemeanor. However, the offense is a Class A misdemeanor if the
person has a previous conviction under this section.
(c) In any prosecution brought under this section it is not a defense
that the person believed the substance actually was a controlled
substance.
(d) This section does not apply to the following:
(1) The manufacture, financing the manufacture of, processing,
packaging, distribution, or sale of noncontrolled substances to
licensed medical practitioners for use as placebos in professional
practice or research.
(2) Persons acting in the course and legitimate scope of their
employment as law enforcement officers.
(3) The retention of production samples of noncontrolled
substances produced before September 1, 1986, where such
samples are required by federal law.
(e) In addition to any other penalty imposed for conviction of an
offense under this section, a court shall order restitution pursuant to
IC 35-50-5-3 to cover the costs of an environmental cleanup incurred
by a law enforcement agency or other person as a result of the offense.
(f) The amount collected under subsection (e) shall be used to
reimburse the law enforcement agency that assumed the costs
associated with the environmental cleanup described in subsection (e).
SOURCE: IC 35-48-4-13.3; (03)CC108205.4. -->
SECTION 4.
IC 35-48-4-13.3
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]:
Sec. 13.3. A person who recklessly, knowingly, or
intentionally takes a person less than eighteen (18) years of age or
an endangered adult (as defined in
IC 12-10-3-2
) into a building,
structure, vehicle, or other place that is being used by any person
to:
(1) unlawfully possess drugs or controlled substances; or
(2) unlawfully:
(A) manufacture;
(B) keep;
(C) offer for sale;
(D) sell;
(E) deliver; or
(F) finance the delivery of;
drugs or controlled substances;
commits a Class A misdemeanor. However, the offense is a Class
D felony if the person has a prior unrelated conviction under this
section.
SOURCE: IC 35-48-4-14.5; (03)CC108205.5. -->
SECTION 5.
IC 35-48-4-14.5
, AS AMENDED BY P.L.17-2001,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 14.5. (a) As used in this section, "chemical
reagents or precursors" refers to one (1) or more of the following:
(1) Ephedrine.
(2) Pseudoephedrine.
(3) Phenylpropanolamine.
(4) The salts, isomers, and salts of isomers of a substance
identified in subdivisions (1) through (3).
(5) Anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1
).
(6) Organic solvents.
(7) Hydrochloric acid.
(8) Lithium metal.
(9) Sodium metal.
(10) Ether.
(11) Sulfuric acid.
(12) Red phosphorous.
(13) Iodine.
(14) Sodium hydroxide (lye).
(15) Potassium dichromate.
(16) Sodium dichromate.
(17) Potassium permanganate.
(18) Chromium trioxide.
(b) A person who possesses
more than ten (10) grams of
ephedrine, pseudoephedrine or phenylpropanolamine, the salts,
isomers or salts of isomers of ephedrine, pseudoephedrine or
phenylpropanolamine or a combination of any of these substances
exceeding ten (10) grams commits a Class D felony. However, the
offense is a Class C felony if the person possessed:
(1) a firearm while possessing more ten (10) grams of
ephedrine, pseudoephedrine or phenylpropanolamine, the
salts, isomers or salts of isomers of ephedrine, pseudoephedrine
or phenylpropanolamine or a combination of any of these
substances exceeding ten (10) grams; or
(2) more than ten (10) grams of ephedrine, pseudoephedrine,
or phenylpropanolamine, the salts, isomers or salts of isomers
of ephedrine, pseudoephedrine, or phenylpropanolamine, or a
combination of any of these substances exceeding ten (10)
grams in, on, or within one thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(c) A person who possesses anhydrous ammonia or ammonia
solution (as defined in
IC 22-11-20-1
) with the intent to manufacture
methamphetamine, a schedule II controlled substance under
IC 35-48-2-6
, commits a Class D felony. However, the offense is a
Class C felony if the person possessed:
(1) a firearm while possessing anhydrous ammonia or ammonia
solution (as defined in
IC 22-11-20-1
) with intent to manufacture
methamphetamine, a schedule II controlled substance under
IC 35-48-2-6
; or
(2) anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1
) with intent to manufacture methamphetamine, a
schedule II controlled substance under
IC 35-48-2-6
in, on, or
within one thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(d) Subsection (b) does not apply to a:
(1) licensed health care provider, pharmacist, retail
distributor, wholesaler, manufacturer, warehouseman, or
common carrier or an agent of any of these persons if the
possession is in the regular course of lawful business activities;
or
(2) person who possesses more than ten (10) grams of a
substance described in subsection (b) if the substance is
possessed under circumstances consistent with typical
medicinal or household use, including:
(A) the location in which the substance is stored;
(B) the possession of the substance in a variety of:
(i) strengths;
(ii) brands; or
(iii) types; or
(C) the possession of the substance:
(i) with different expiration dates; or
(ii) in forms used for different purposes.
(c) (e) A person who possesses two (2) or more chemical reagents or
precursors with the intent to manufacture:
(1) Methcathinone, a schedule I controlled substance under
IC 35-48-2-4
;
(2) Methamphetamine, a schedule II controlled substance under
IC 35-48-2-6
;
(3) Amphetamine, a schedule II controlled substance under
IC 35-48-2-6
; or
(4) Phentermine, a schedule IV controlled substance under
IC 35-48-2-10
;
commits a Class D felony.
(d) (f) An offense under subsection (c) (e) is a Class C felony if the
person possessed:
(1) a firearm while possessing two (2) or more chemical reagents
or precursors with intent to manufacture methamphetamine, a
schedule II controlled substance under
IC 35-48-2-6
; or
(2) two (2) or more chemical reagents or precursors with intent to
manufacture methamphetamine, a schedule II controlled substance
under
IC 35-48-2-6
in, on, or within one thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(g) A person who sells, transfers, distributes, or furnishes a
chemical reagent or precursor to another person with knowledge
or the intent that the recipient will use the chemical reagent or
precursors to manufacture methamphetamine, methcathinone,
amphetamine, or phentermine commits unlawful sale of a
precursor, a Class D felony.
SOURCE: IC 35-48-4-17; (03)CC108205.6. -->
SECTION 6.
IC 35-48-4-17
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 17. (a) In addition to any other penalty imposed for
conviction of an offense under this chapter involving the
manufacture or intent to manufacture methamphetamine, a court
shall order restitution under
IC 35-50-5-3
to cover the costs, if
necessary, of an environmental cleanup incurred by a law
enforcement agency or other person as a result of the offense.
(b) The amount collected under subsection (a) shall be used to
reimburse the law enforcement agency that assumed the costs
associated with the environmental cleanup described in subsection
(a).
SOURCE: ; (03)CC108205.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2003]
(a)
IC 35-48-4-13.3
, as
added by this act, and
IC 35-48-4-14.5
, as amended by this act,
apply only to acts committed after June 30, 2003.
(b)
IC 35-48-1-9.3
and
IC 35-48-4-0.5
, both as added by this act,
apply only to a controlled substance offense under
IC 35-48-4
that
occurs after June 30, 2003.
(Reference is to EHB 1082 as reprinted April 10, 2003.)
Conference Committee Report
on
Engrossed House
Bill 1082
Text Box
S
igned by:
____________________________ ____________________________
Representative Weinzapfel Senator Bray
Chairperson
____________________________ ____________________________
Representative Foley Senator Craycraft
House Conferees Senate Conferees