Sec. 14. (a) A person who:
(1) is subject to IC 35-48-3 and who recklessly, knowingly, or
intentionally distributes or dispenses a controlled substance in
violation of IC 35-48-3;
(2) is a registrant and who recklessly, knowingly, or intentionally:
(A) manufactures; or
(B) finances the manufacture of;
a controlled substance not authorized by the person's registration
or distributes or dispenses a controlled substance not authorized
by the person's registration to another registrant or other
authorized person;
(3) recklessly, knowingly, or intentionally fails to make, keep, or
furnish a record, a notification, an order form, a statement, an
invoice, or information required under this article; or
(4) recklessly, knowingly, or intentionally refuses entry into any
premises for an inspection authorized by this article;
commits a Level 6 felony.
(b) A person who knowingly or intentionally:
(1) distributes as a registrant a controlled substance classified in
schedule I or II, except under an order form as required by IC 35-48-3;
(2) uses in the course of the:
(A) manufacture of;
(B) the financing of the manufacture of; or
(C) distribution of;
a controlled substance a federal or state registration number that
is fictitious, revoked, suspended, or issued to another person;
(3) furnishes false or fraudulent material information in, or omits
any material information from, an application, report, or other
document required to be kept or filed under this article; or
(4) makes, distributes, or possesses a punch, die, plate, stone, or
other thing designed to print, imprint, or reproduce the trademark,
trade name, or other identifying mark, imprint, or device of
another or a likeness of any of the foregoing on a drug or
container or labeling thereof so as to render the drug a counterfeit
substance;
commits a Level 6 felony.
(c) A person who knowingly or intentionally acquires possession of
a controlled substance by misrepresentation, fraud, forgery, deception,
subterfuge, alteration of a prescription order, concealment of a material
fact, or use of a false name or false address commits a Level 6 felony.
However, the offense is a Level 5 felony if the person has a prior
conviction of an offense under this subsection.
(d) A person who knowingly or intentionally affixes any false or
forged label to a package or receptacle containing a controlled
substance commits a Level 6 felony. However, the offense is a Level
5 felony if the person has a prior conviction of an offense under this
subsection. This subsection does not apply to law enforcement agencies
or their representatives while engaged in enforcing IC 16-42-19 or this
chapter (or IC 16-6-8 before its repeal).
(e) A person who duplicates, reproduces, or prints any prescription
pads or forms without the prior written consent of a practitioner
commits a Level 6 felony. However, the offense is a Level 5 felony if
the person has a prior conviction of an offense under this subsection.
This subsection does not apply to the printing of prescription pads or
forms upon a written, signed order placed by a practitioner or
pharmacist, by legitimate printing companies.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts
1977, P.L.340, SEC.109; P.L.131-1986, SEC.3; P.L.165-1990, SEC.14;
P.L.2-1993, SEC.193; P.L.158-2013, SEC.642.
Notes of Decisions
Reemer v. State, 835 N.E.2d 1005 (Ind. 2005).
· cites it 4× “See Ind. Code Ann. § 35-48-4-14 .5(a)(39) (West Supp.”
Tobias v. State, 479 N.E.2d 508 (Ind. 1985).
· cites it 6× “Instead, he argues, he should have been charged with the offense defined in Ind. Code § 35-48-4-14 (Burns 1985) which makes it a crime for a registered pharmacist to distribute controlled substances in a manner not authorized by his or her registration.”
Amalfitano v. State, 956 N.E.2d 208 (Ind. Ct. App. 2011).
· cites it 2× “His convictions include felony conspiracy to commit burglary and misdemeanor possession of burglary tools in New York in 1985, felony larceny/grand theft and misdemeanor issuing worthless checks in Florida in 2003, two counts of possession of narcotic equipment in Florida in…”
State v. Bulington, 783 N.E.2d 338 (Ind. Ct. App. 2003).
· cites it 4× “See Ind. Code § 35-48-4-14 .5(a)(8). [4] Ind.”
Smith v. State, 427 N.E.2d 11 (Ind. Ct. App. 1981).
· cites it 8× “Because Smith had a prior unrelated attempt conviction in addition to the three present convictions, the penalties for all three were enhanced from class A misdemeanors to class D felonies under the possession statute, IC § 35-48-4-14. On appeal, Smith raises this issue 1 for…”
William Hedrick v. State of Indiana, 124 N.E.3d 1273 (Ind. Ct. App. 2019).
· cites it 4× “Registration Offense [31] For the registration offenses, Indiana Code section 35-48-4-14(b)(2) provides that a person who knowingly or intentionally uses in the course of the: (A) manufacture of; (B) the financing of the manufacture of; or (C) distribution of; a controlled…”
Jeffrey Embrey v. State of Indiana, 989 N.E.2d 1260 (Ind. Ct. App. 2013).
· cites it 2× “See Ind. Code § 35-48-4-14 .7®. The computerized NPLEx database is maintained by Appriss, Inc.”
Kevin Speer v. State of Indiana, 995 N.E.2d 1 (Ind. Ct. App. 2013).
· cites it 2× “Ind. Code § 35-48-4-14 .5. The State presented evidence the vehicle contained bottles containing two or more methamphetamine precursors, and the police found lithium batteries, another precursor, in the truck.”
David B. Cartwright v. State of Indiana, 26 N.E.3d 663 (Ind. Ct. App. 2015).
· cites it 2× “1 (2006); possession of chemical reagents or precursors with intent to manufacture a controlled substance, a Class C felony, Ind. Code § 35-48-4-14 .5 (2006); and maintaining a common nuisance, a Class D felony, Ind.”
Johnson v. State, 103 N.E.3d 704 (Ind. Ct. App. 2018).
· cites it 2× “Ind. Code § 35-48-4-14 .5(e) (2006). Ind.”
— Ind. Code § 35-48-4-14(a)(2) — 1 case
Tobias v. State, 479 N.E.2d 508 (Ind. 1985).
“Instead, he argues, he should have been charged with the offense defined in Ind. Code § 35-48-4-14 (Burns 1985) which makes it a crime for a registered pharmacist to distribute controlled substances in a manner not authorized by his or her registration.”
— Ind. Code § 35-48-4-14(b)(2) — 1 case
William Hedrick v. State of Indiana, 124 N.E.3d 1273 (Ind. Ct. App. 2019).
“Registration Offense [31] For the registration offenses, Indiana Code section 35-48-4-14(b)(2) provides that a person who knowingly or intentionally uses in the course of the: (A) manufacture of; (B) the financing of the manufacture of; or (C) distribution of; a controlled…”
— Ind. Code § 35-48-4-14(b)(2)(C) — 1 case
William Hedrick v. State of Indiana, 124 N.E.3d 1273 (Ind. Ct. App. 2019).
“Registration Offense [31] For the registration offenses, Indiana Code section 35-48-4-14(b)(2) provides that a person who knowingly or intentionally uses in the course of the: (A) manufacture of; (B) the financing of the manufacture of; or (C) distribution of; a controlled…”
— Ind. Code § 35-48-4-14(c) — 5 cases
Amalfitano v. State, 956 N.E.2d 208 (Ind. Ct. App. 2011).
“His convictions include felony conspiracy to commit burglary and misdemeanor possession of burglary tools in New York in 1985, felony larceny/grand theft and misdemeanor issuing worthless checks in Florida in 2003, two counts of possession of narcotic equipment in Florida in…”
Smith v. State, 427 N.E.2d 11 (Ind. Ct. App. 1981).
“Because Smith had a prior unrelated attempt conviction in addition to the three present convictions, the penalties for all three were enhanced from class A misdemeanors to class D felonies under the possession statute, IC § 35-48-4-14. On appeal, Smith raises this issue 1 for…”
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