Citations Affected: IC 16-18; IC 16-42.
Synopsis: Prohibition on the sale of ephedra. Prohibits selling,
offering to sell, or giving away ephedra in Indiana. Makes the unlawful
sale of ephedra a Class A misdemeanor. Makes certain exceptions.
Effective: July 1, 2004.
January 12, 2004, read first time and referred to Committee on Health and Provider
Services.
January 22, 2004, reported favorably _ Do Pass.
February 2, 2004, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
SECTION 1. IC 16-18-2-116.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 116.5. "Ephedra", for purposes
of IC 16-42-25, has the meaning set forth in IC 16-42-25-1.
SECTION 2. IC 16-42-25 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]:
Chapter 25. Drugs: Prohibition of the Sale of Ephedra
Sec. 1. As used in this chapter, "ephedra" means an herb or
herbal product that contains any form of ephedrine or ephedrine
alkaloids, including:
(1) ma huang;
(2) Chinese ephedra;
(3) Ephedra sinica;
(4) ephedra herb powder; and
(5) epitonin;
or any extract of a substance described in subdivisions (1) through
(5).
Sec. 2. This chapter does not apply to a drug that contains
ephedra and that is:
(1) prescribed or dispensed by a physician licensed under
IC 25-22.5 for a purpose other than weight loss, body
building, or athletic performance enhancement; or
(2) approved by the federal Food and Drug Administration as
safe and effective for the drug's intended use.
Sec. 3. A person may not:
(1) sell;
(2) offer to sell; or
(3) give away;
ephedra to an individual or a retailer in Indiana.
Sec. 4. A person who knowingly or intentionally:
(1) sells;
(2) offers to sell; or
(3) gives away;
ephedra to an individual or a retailer in Indiana commits the
unlawful sale of ephedra, a Class A misdemeanor.