Sec. 18. (a) A person who knowingly or intentionally
possesses xylazine commits possession of xylazine, a Class A
misdemeanor. However, the offense is a Level 6 felony if the person
has a prior unrelated conviction under this section.
(b) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
xylazine; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
xylazine;
commits dealing in xylazine, a Level 5 felony. However, the offense is
a Level 4 felony if the person has a prior unrelated conviction under
this section.
(c) This section does not apply to one (1) or more of the following:
(1) A person who dispenses, prescribes, or administers a drug
containing xylazine to a nonhuman species, if:
(A) the drug has been approved by the Secretary of Health and
Human Services under section 512 of the federal Food, Drug,
and Cosmetic Act (21 U.S.C. Sec. 360b); or
(B) the dispensing, prescription, or administration of the drug
is permissible under section 512(a)(4) of the federal Food,
Drug, and Cosmetic Act (21 U.S.C. Sec. 360b(a)(4)).
(2) A person who:
(A) manufactures, distributes, or uses xylazine as an active
pharmaceutical ingredient for manufacturing an animal drug
approved under section 512 of the federal Food, Drug, and
Cosmetic Act (21 U.S.C. Sec. 360b); or
(B) has been issued an investigation use exemption for xylazine
under section 512(j) of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. Sec. 360b(j)).
(3) A person who manufactures, distributes, or uses a xylazine
bulk chemical for pharmaceutical compounding by a licensed
pharmacist or veterinarian.
(4) A person who uses xylazine for another purpose approved or
permitted under the federal Food, Drug, and Cosmetic Act.
(5) A person who:
(A) possesses xylazine for the purpose of engaging in an
activity permitted under this section; or
(B) delivers or transports xylazine from a person described in
subdivisions (1) through (5)(A) to another person described in
subdivisions (1) through (5)(A).
As added by P.L.58-2024, SEC.1.
Repealed by P.L.202-1989, SEC.6.
Repealed by P.L.2-1995, SEC.140.
Repealed by P.L.51-2019, SEC.21.
IC 35-49ARTICLE 49. OBSCENITY AND PORNOGRAPHY
35-49-1-1Definitions applicable throughout article
Notes of Decisions
Cited in
13
cases, 1983–2009 · leading case:
Jones v. State, 807 N.E.2d 58 (Ind. Ct. App. 2004).
Jones v. State, 807 N.E.2d 58 (Ind. Ct. App. 2004).
· cites it 2× “See Ind. Code § 35-48-4-18 (b). While that statute does not define what it means to "maintain" a building or structure, we reject Jones' assertion that to be convicted under the statute, the person must own or legally possess the building or structure.”
Hale v. State, 785 N.E.2d 641 (Ind. Ct. App. 2003).
· cites it 4× “The offense of visiting a common nuisance as a class B misdemeanor is governed by Ind.Code § 35-48-4-18(a), which provides that: A person who knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any person to unlawfully use a…”
Evans v. State, 643 N.E.2d 877 (Ind. 1994).
· cites it 2× “Based on their surveillance of Evans and a statement given by Decker, the prosecutor charged Evans with possession of cocaine with intent to deliver, Ind.Code Ann. § 35-48-4-1(a)(2)(C) (West Supp.”
Zuniga v. State, 815 N.E.2d 197 (Ind. Ct. App. 2004).
· cites it 4× “STATEMENT OF THE CASE Appellant-Defendant, Ann Zuniga (Zu-niga), appeals her conviction for visiting a common nuisance, a Class B misdemeanor, Ind.Code § 35-48-4-18(a). We reverse. ISSUE Zuniga raises two issues on appeal, which we consolidate and restate as follows: whether the…”
Bryant v. State, 660 N.E.2d 290 (Ind. 1996).
“25 Because § 35-48-4-18(b) contains this same language in its body and title, we hold the State must have proven Bryant's recurring or continuous violation.”
Frye v. State, 757 N.E.2d 684 (Ind. Ct. App. 2001).
· cites it 2× “" IC § 35-48-4-18(a). Judgment affirmed. SULLIVAN, J.”
Hurley v. State, 446 N.E.2d 1326 (Ind. 1983).
· cites it 2× “1982), and Maintaining a Common Nuisance, Ind. Code § 35-48-4-18 (Burns Repl.1979), at the conclusion of a jury trial in Jasper Circuit Court on March 5, 1981.”
Holmes v. State, 583 N.E.2d 180 (Ind. Ct. App. 1991).
· cites it 4× “Danell Holmes appeals her conviction following a jury trial of maintaining a common nuisance, a Class D felony pursuant to Ind.Code § 35-48-4-18(b)(2). 2 The charge against her as alleged in the state's information was that on or about April 11, 1990, Danell M.”
Gaynor v. State, 914 N.E.2d 815 (Ind. Ct. App. 2009).
· cites it 2× “Maintaining a Common Nuisance The State was required to prove Gaynor knowingly or intentionally maintained 5420 Sandstone Lane, a place used one or more times to unlawfully manufacture, keep, offer for sale, sell, deliver, or finance the delivery of controlled substances or…”
Plowman v. State, 604 N.E.2d 1219 (Ind. Ct. App. 1992).
· cites it 2× “According to Plowman, evidence he twice sold drugs inside the S & S Tavern is probative of only one offense and proof of a single occasion on which he sold drugs out of his wife's vehicle is insufficient to show he maintained the vehicle as a common nuisance. In order to obtain…”
Braster v. State, 596 N.E.2d 278 (Ind. Ct. App. 1992).
“CODE § 35-48-4-18(a) (1991 Supp.) This Court in Bass v.”
Riding v. State, 527 N.E.2d 185 (Ind. Ct. App. 1988).
“Indiana Code 35-48-4-18 (Burns Code Ed. Supp.”
— Ind. Code § 35-48-4-18(a) — 4 cases
Hale v. State, 785 N.E.2d 641 (Ind. Ct. App. 2003).
“The offense of visiting a common nuisance as a class B misdemeanor is governed by Ind.Code § 35-48-4-18(a), which provides that: A person who knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any person to unlawfully use a…”
Zuniga v. State, 815 N.E.2d 197 (Ind. Ct. App. 2004).
“STATEMENT OF THE CASE Appellant-Defendant, Ann Zuniga (Zu-niga), appeals her conviction for visiting a common nuisance, a Class B misdemeanor, Ind.Code § 35-48-4-18(a). We reverse. ISSUE Zuniga raises two issues on appeal, which we consolidate and restate as follows: whether the…”
Frye v. State, 757 N.E.2d 684 (Ind. Ct. App. 2001).
“" IC § 35-48-4-18(a). Judgment affirmed. SULLIVAN, J.”
Braster v. State, 596 N.E.2d 278 (Ind. Ct. App. 1992).
“CODE § 35-48-4-18(a) (1991 Supp.) This Court in Bass v.”
— Ind. Code § 35-48-4-18(b) — 4 cases
Evans v. State, 643 N.E.2d 877 (Ind. 1994).
“Based on their surveillance of Evans and a statement given by Decker, the prosecutor charged Evans with possession of cocaine with intent to deliver, Ind.Code Ann. § 35-48-4-1(a)(2)(C) (West Supp.”
Bryant v. State, 660 N.E.2d 290 (Ind. 1996).
“25 Because § 35-48-4-18(b) contains this same language in its body and title, we hold the State must have proven Bryant's recurring or continuous violation.”
Plowman v. State, 604 N.E.2d 1219 (Ind. Ct. App. 1992).
“According to Plowman, evidence he twice sold drugs inside the S & S Tavern is probative of only one offense and proof of a single occasion on which he sold drugs out of his wife's vehicle is insufficient to show he maintained the vehicle as a common nuisance. In order to obtain…”
— Ind. Code § 35-48-4-18(b)(2) — 1 case
Holmes v. State, 583 N.E.2d 180 (Ind. Ct. App. 1991).
“Danell Holmes appeals her conviction following a jury trial of maintaining a common nuisance, a Class D felony pursuant to Ind.Code § 35-48-4-18(b)(2). 2 The charge against her as alleged in the state's information was that on or about April 11, 1990, Danell M.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.