Citations Affected: IC 10-13-8; IC 33-24-6-3; IC 35-46-1-4;
IC 35-48-4.
Synopsis: Control of ephedrine and pseudoephedrine. Requires the
state police department to establish and maintain the Indiana
methamphetamine manufacturer registry, an electronic data base
containing information relating to persons who have been convicted of
certain offenses involving the manufacture of methamphetamine.
Requires the division of state court administration to provide advice
and assistance to the state police department concerning data collection
for the methamphetamine registry. Specifies that ephedrine or
pseudoephedrine: (1) may be sold only by a pharmacy (including a
retailer containing a pharmacy); and (2) may not be sold in a
convenience package. Provides that: (1) a pharmacy may not sell more
than 72 grams of ephedrine or pseudoephedrine to an individual in a
365 day period; and (2) an individual may not purchase more than 72
grams of ephedrine or pseudoephedrine in a 365 day period. Prohibits
a person convicted of a methamphetamine offense from possessing
ephedrine, pseudoephedrine, or phenylpropanolamine within seven
years of the person's conviction, unless dispensed under a prescription.
Increases the penalty for furnishing methamphetamine precursors to
another person with knowledge that the recipient will use the
precursors to manufacture controlled substance if the person furnishes
more than 10 grams of certain precursors.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Corrections & Criminal
Law.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
substance (IC 35-48-4-14.5(e)).
(E) Unlawful sale of a precursor (IC 35-48-4-14.5(g)).
(2) "Offense information" means, with respect to a person
convicted of a methamphetamine offense:
(A) the name, current residence address, and date of birth
of the person convicted of the methamphetamine offense;
(B) the methamphetamine offense of which the person was
convicted;
(C) the date and county of conviction for the
methamphetamine offense; and
(D) any other relevant information concerning the person
or methamphetamine offense required by a rule adopted
by the department.
(3) "Registry" means the Indiana methamphetamine
manufacturer registry established by this chapter.
Sec. 2. The Indiana methamphetamine manufacturer registry is
established within the department. The registry consists of an
electronic data base of offense information. The department shall
make offense information available on an Internet web site to:
(1) the general public, for information determined by rule to
be appropriate for public disclosure; and
(2) a law enforcement officer or agency.
Sec. 3. Offense information contained in the registry shall be
removed seven (7) years after the date on which the person is
sentenced for the methamphetamine offense.
Sec. 4. (a) The superintendent shall designate staff responsible
for the operation of the registry.
(b) The staff's duties include the following:
(1) Establishing and maintaining the registry.
(2) Cooperating with courts, law enforcement, pharmacies,
and members of the public in collecting and disseminating
offense information.
(3) Any other duties assigned by the superintendent
concerning the operation of the registry.
Sec. 5. The superintendent shall adopt rules under IC 4-22-2 to
implement this chapter.
related to and serving the courts and make recommendations for
necessary improvement.
(2) Collect and compile statistical data and other information on
the judicial work of the courts in Indiana. All justices of the
supreme court, judges of the court of appeals, judges of all trial
courts, and any city or town courts, whether having general or
special jurisdiction, court clerks, court reporters, and other
officers and employees of the courts shall, upon notice by the
executive director and in compliance with procedures prescribed
by the executive director, furnish the executive director the
information as is requested concerning the nature and volume of
judicial business. The information must include the following:
(A) The volume, condition, and type of business conducted by
the courts.
(B) The methods of procedure in the courts.
(C) The work accomplished by the courts.
(D) The receipt and expenditure of public money by and for
the operation of the courts.
(E) The methods of disposition or termination of cases.
(3) Prepare and publish reports, not less than one (1) or more than
two (2) times per year, on the nature and volume of judicial work
performed by the courts as determined by the information
required in subdivision (2).
(4) Serve the judicial nominating commission and the judicial
qualifications commission in the performance by the commissions
of their statutory and constitutional functions.
(5) Administer the civil legal aid fund as required by IC 33-24-12.
(6) Administer the judicial technology and automation project
fund established by section 12 of this chapter.
(7) Develop a standard protocol for the exchange of information,
by not later than December 31, 2009:
(A) between the protective order registry, established by
IC 5-2-9-5.5, and county court case management systems;
(B) at the option of the county prosecuting attorney, for:
(i) a prosecuting attorney's case management system;
(ii) a county court case management system; and
(iii) a county court case management system developed and
operated by the division of state court administration;
to interface with the electronic traffic tickets, as defined by
IC 9-30-3-2.5; and
(C) between county court case management systems and the
case management system developed and operated by the
division of state court administration.
(8) Establish and administer an electronic system for receiving
information that relates to certain individuals who may be
prohibited from possessing a firearm and transmitting this
information to the Federal Bureau of Investigation for inclusion
in the NICS.
(9) Provide advice and assistance to the state police
department concerning the collection of data needed for
operation of the Indiana methamphetamine manufacturer
registry (IC 10-13-8).
(b) All forms to be used in gathering data must be approved by the
supreme court and shall be distributed to all judges and clerks before
the start of each period for which reports are required.
(c) The division may adopt rules to implement this section.
(a)(2), or (a)(3) by a person at least eighteen (18) years of age and
results in the death of a dependent who is less than fourteen (14)
years of age; and
(4) a Class C felony if it is committed under subsection (a)(2) and
consists of cruel confinement or abandonment that:
(A) deprives a dependent of necessary food, water, or sanitary
facilities;
(B) consists of confinement in an area not intended for human
habitation; or
(C) involves the unlawful use of handcuffs, a rope, a cord,
tape, or a similar device to physically restrain a dependent.
(c) It is a defense to a prosecution based on an alleged act under this
section that:
(1) the accused person left a dependent child who was, at the time
the alleged act occurred, not more than thirty (30) days of age
with an emergency medical provider who took custody of the
child under IC 31-34-2.5 when:
(A) the prosecution is based solely on the alleged act of
leaving the child with the emergency medical services
provider; and
(B) the alleged act did not result in bodily injury or serious
bodily injury to the child; or
(2) the accused person, in the legitimate practice of the accused
person's religious belief, provided treatment by spiritual means
through prayer, in lieu of medical care, to the accused person's
dependent.
(d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding
under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5
or IC 31-6-5 before their repeal); or
(2) under section 9(b) of this chapter;
a person who transfers or receives any property in consideration for the
termination of the care, custody, or control of a person's dependent
child commits child selling, a Class D felony.
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.
(19) Benzyl cyanide.
(20) Phenylacetic acid and its esters or salts.
(21) Piperidine and its salts.
(22) Methylamine and its salts.
(23) Isosafrole.
(24) Safrole.
(25) Piperonal.
(26) Hydriodic acid.
(27) Benzaldehyde.
(28) Nitroethane.
(29) Gamma-butyrolactone.
(30) White phosphorus.
(31) Hypophosphorous acid and its salts.
(32) Acetic anhydride.
(33) Benzyl chloride.
(34) Ammonium nitrate.
(35) Ammonium sulfate.
(36) Hydrogen peroxide.
(37) Thionyl chloride.
(38) Ethyl acetate.
(39) Pseudoephedrine hydrochloride.
(b) A person who possesses more than ten (10) grams of ephedrine,
pseudoephedrine, or phenylpropanolamine, pure or adulterated,
commits a Class D felony. However, the offense is a Class C felony if
the person possessed:
(1) a firearm while possessing more than ten (10) grams of
ephedrine, pseudoephedrine, or phenylpropanolamine, pure or
adulterated; or
(2) more than ten (10) grams of ephedrine, pseudoephedrine, or
phenylpropanolamine, pure or adulterated, 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 or amphetamine, schedule II controlled substances
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 or amphetamine, schedule II controlled
substances 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 or
amphetamine, schedule II controlled substances 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
the sale occurs in the regular course of lawful business activities.
However, a retail distributor, wholesaler, or manufacturer is
required to report a suspicious order to the state police department
in accordance with subsection (f).
(3) The sale of a drug containing ephedrine or pseudoephedrine
by a person who does not sell exclusively to walk-in customers for
the personal use of the walk-in customers. However, if the person
described in this subdivision is a retail distributor, wholesaler, or
manufacturer, the person is required to report a suspicious order
to the state police department in accordance with subsection (f).
(b) The following definitions apply throughout this section:
(1) "Constant video monitoring" means the surveillance by an
automated camera that:
(A) records at least one (1) photograph or digital image every
ten (10) seconds;
(B) retains a photograph or digital image for at least
seventy-two (72) hours;
(C) has sufficient resolution and magnification to permit the
identification of a person in the area under surveillance; and
(D) stores a recorded photograph or digital image at a location
that is immediately accessible to a law enforcement officer.
(2) "Convenience package" means a package that contains a drug
having as an active ingredient not more than sixty (60) milligrams
of ephedrine or pseudoephedrine, or both.
(3) "Ephedrine" means pure or adulterated ephedrine.
(4) "Pharmacy" means:
(A) a pharmacy, as defined in IC 25-26-13-2; or
(B) a retailer containing a pharmacy, as defined in
IC 25-26-13-2.
(4) (5) "Pseudoephedrine" means pure or adulterated
pseudoephedrine.
(5) (6) "Retailer" means a grocery store, general merchandise
store, drug store, or other similar establishment where ephedrine
or pseudoephedrine products are available for sale. The term
does not include a pharmacy.
(6) (7) "Suspicious order" means a sale or transfer of a drug
containing ephedrine or pseudoephedrine if the sale or transfer:
(A) is a sale or transfer that the retail distributor, wholesaler,
or manufacturer is required to report to the United States Drug
Enforcement Administration;
(B) appears suspicious to the retail distributor, wholesaler, or
manufacturer in light of the recommendations contained in
Appendix A of the report to the United States attorney general
by the suspicious orders task force under the federal
Comprehensive Methamphetamine Control Act of 1996; or
(C) is for cash or a money order in a total amount of at least
two hundred dollars ($200).
(7) (8) "Unusual theft" means the theft or unexplained
disappearance from a particular retail store pharmacy of drugs
containing ten (10) grams or more of ephedrine, pseudoephedrine,
or both in a twenty-four (24) hour period.
(c) A drug containing ephedrine or pseudoephedrine may be
sold only by a pharmacy. A retailer may not sell a drug containing
ephedrine or pseudoephedrine. A drug containing ephedrine or
pseudoephedrine may not be sold in a convenience package.
(c) (d) This subsection does not apply to a convenience package. A
retailer pharmacy may sell a drug that contains the active ingredient
of ephedrine, pseudoephedrine, or both only if the retailer pharmacy
complies with the following conditions:
(1) The retailer pharmacy does not sell the drug to a person less
than eighteen (18) years of age.
(2) The retailer pharmacy does not sell drugs containing more
than:
(A) three and six-tenths (3.6) grams of ephedrine or
pseudoephedrine, or both, to one (1) individual on one (1) day;
or
(B) seven and two-tenths (7.2) grams of ephedrine or
pseudoephedrine, or both, to one (1) individual in a thirty (30)
day period; or
(C) seventy-two (72) grams of ephedrine or
pseudoephedrine, or both, to one (1) individual in a three
hundred sixty-five (365) day period.
(3) The retailer pharmacy requires:
(A) the purchaser to produce a valid government issued photo
identification card showing the date of birth of the person;
(B) the purchaser to sign a written or electronic log attesting
to the validity of the information; and
(C) the clerk who is conducting the transaction to initial or
electronically record the clerk's identification on the log.
Records from the completion of a log must be retained for at least
two (2) years. A law enforcement officer has the right to inspect
and copy a log or the records from the completion of a log in
accordance with state and federal law. A retailer pharmacy may
not sell or release a log or the records from the completion of a
log for a commercial purpose. The Indiana criminal justice
institute may obtain information concerning a log or the records
from the completion of a log from a law enforcement officer if the
information may not be used to identify a specific individual and
is used only for statistical purposes. A retailer pharmacy who in
good faith releases information maintained under this subsection
is immune from civil liability unless the release constitutes gross
negligence or intentional, wanton, or willful misconduct.
(4) The retailer pharmacy maintains a record of information for
each sale of a nonprescription product containing
pseudoephedrine or ephedrine. Required information includes:
(A) the name and address of each purchaser;
(B) the type of identification presented;
(C) the governmental entity that issued the identification;
(D) the identification number; and
(E) the ephedrine or pseudoephedrine product purchased,
including the number of grams the product contains and the
date and time of the transaction.
(5) Beginning January 1, 2012, a retailer pharmacy shall, except
as provided in subdivision (6), before completing a sale of an
over-the-counter product containing pseudoephedrine or
ephedrine, electronically submit the required information to the
National Precursor Log Exchange (NPLEx) administered by the
National Association of Drug Diversion Investigators (NADDI),
if the NPLEx system is available to retailers pharmacies in the
state without a charge for accessing the system. The retailer
pharmacy may not complete the sale if the system generates a
stop sale alert.
(6) If a retailer pharmacy selling an over-the-counter product
containing ephedrine or pseudoephedrine experiences mechanical
or electronic failure of the electronic sales tracking system and is
unable to comply with the electronic sales tracking requirement,
the retailer pharmacy shall maintain a written log or an
alternative electronic recordkeeping mechanism until the retailer
pharmacy is able to comply with the electronic sales tracking
requirement.
(7) The retailer pharmacy stores the drug behind a counter in an
area inaccessible to a customer or in a locked display case that
makes the drug unavailable to a customer without the assistance
of an employee.
(8) The retailer pharmacy posts a sign warning that:
(A) it is a criminal offense for a person to purchase drugs
containing more than seventy-two (72) grams of ephedrine
or pseudoephedrine, or both, in a three hundred sixty-five
(365) day period;
(A) (B) it is a criminal offense for a person to purchase drugs
containing more than seven and two-tenths (7.2) grams of
ephedrine or pseudoephedrine, or both, in a thirty (30) day
period;
(B) (C) it is a criminal offense for a person to purchase drugs
containing more than three and six-tenths (3.6) grams of
ephedrine or pseudoephedrine, or both, on one (1) day; and
(C) (D) depending on the amount of ephedrine or
pseudoephedrine contained in the drug, purchasing more than
one (1) package of drugs containing ephedrine or
pseudoephedrine on one (1) day may be a crime.
The warning sign must list maximum amounts of ephedrine or
pseudoephedrine that may be purchased in both grams and
milligrams.
(d) (e) A person may not purchase drugs containing more than:
(1) three and six-tenths (3.6) grams of ephedrine or
pseudoephedrine, or both, on one (1) day; or more than
(2) seven and two-tenths (7.2) grams of ephedrine or
pseudoephedrine, or both, in a thirty (30) day period; or
(3) seventy-two (72) grams of ephedrine or pseudoephedrine,
or both, in a three hundred sixty-five (365) day period.
These limits apply to the total amount of base ephedrine and
pseudoephedrine contained in the products and not to the overall
weight of the products.
(e) This subsection only applies to convenience packages. A retailer
may not sell drugs containing more than sixty (60) milligrams of
ephedrine or pseudoephedrine, or both in any one (1) transaction if the
drugs are sold in convenience packages. A retailer who sells
convenience packages must secure the convenience packages behind
the counter in an area inaccessible to a customer or in a locked display
case that makes the drug unavailable to a customer without the
assistance of an employee.
(f) A retail distributor, wholesaler, or manufacturer shall report a
suspicious order to the state police department in writing.
(g) Not later than three (3) days after the discovery of an unusual
theft at a particular retail store, the retailer pharmacy shall report the
unusual theft to the state police department in writing. If three (3)
unusual thefts occur in a thirty (30) day period at a particular retail
store, pharmacy, the retailer pharmacy shall, for at least one hundred
eighty (180) days after the date of the last unusual theft, locate all drugs
containing ephedrine or pseudoephedrine at that particular retail store
pharmacy behind a counter in an area inaccessible to a customer or in
a locked display case that makes the drug unavailable to customers
without the assistance of an employee.
(h) A unit (as defined in IC 36-1-2-23) may not adopt an ordinance
after February 1, 2005, that is more stringent than this section.
(i) A person who knowingly or intentionally violates this section
commits a Class C misdemeanor. However, the offense is a Class A
misdemeanor if the person has a prior unrelated conviction under this
section.
(j) A retailer pharmacy who uses the electronic sales tracking
system in accordance with this section is immune from civil liability for
any act or omission committed in carrying out the duties required by
this section, unless the act or omission was due to negligence,
recklessness, or deliberate or wanton misconduct. A retailer pharmacy
is immune from liability to a third party unless the retailer pharmacy
has violated a provision of this section and the third party brings an
action based on the retailer's pharmacy's violation of this section.
(k) The following requirements apply to the NPLEx:
(1) Information contained in the NPLEx may be shared only with
law enforcement officials.
(2) A law enforcement official may access Indiana transaction
information maintained in the NPLEx for investigative purposes.
(3) NADDI may not modify sales transaction data that is shared
with law enforcement officials.
(4) At least one (1) time per week, NADDI shall forward Indiana
data contained in the NPLEx, including data concerning a
transaction that could not be completed due to the issuance of a
stop sale alert, to the state police department.