Sec. 7. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses a:
(1) controlled substance or controlled substance analog (pure or adulterated), classified in schedule I, except marijuana, hashish, or salvia; or
(2) controlled substance or controlled substance analog (pure or adulterated), classified in schedule II, III, or IV;
commits possession of a controlled substance, a Class A misdemeanor, except as provided in subsection (b).
(b) The offense is a Level 6 felony if the person commits the offense and an enhancing circumstance applies.
(c) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally obtains:
(1) more than four (4) ounces of schedule V controlled substances containing codeine in any given forty-eight (48) hour period unless pursuant to a prescription;
(2) a schedule V controlled substance pursuant to written or verbal misrepresentation; or
(3) possession of a schedule V controlled substance other than by means of a prescription or by means of signing an exempt narcotic register maintained by a pharmacy licensed by the Indiana state board of pharmacy;
commits a Class A misdemeanor.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.102; P.L.138-1983, SEC.4; P.L.327-1985, SEC.4; P.L.296-1987, SEC.10; P.L.296-1995, SEC.8; P.L.65-1996, SEC.16; P.L.17-2001, SEC.25; P.L.138-2011, SEC.14; P.L.182-2011, SEC.14; P.L.158-2013, SEC.633; P.L.80-2019, SEC.28; P.L.61-2020, SEC.10.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 48. Controlled Substances
Chapter 4. Offenses Relating to Controlled Substances
35-48-4-0.1. Application of Certain Amendments to Chapter
35-48-4-0.5. Controlled Substance Analog; Factors
35-48-4-1. Dealing in Cocaine or Narcotic Drug
35-48-4-1.1. Dealing in Methamphetamine
35-48-4-1.2. Manufacturing Methamphetamine
35-48-4-1.5. Dealing in a Controlled Substance by a Practitioner
35-48-4-2. Dealing in a Schedule I, Ii, or Iii Controlled Substance or Controlled Substance Analog
35-48-4-3. Dealing in a Schedule Iv Controlled Substance or Controlled Substance Analog
35-48-4-4. Dealing in a Schedule v Controlled Substance or Controlled Substance Analog
35-48-4-4.1. Dumping Controlled Substance Waste
35-48-4-5. Dealing in a Counterfeit Substance
35-48-4-6. Possession of Cocaine or Narcotic Drug
35-48-4-6.1. Possession of Methamphetamine
35-48-4-8.1. Manufacture of Paraphernalia
35-48-4-8.3. Possession of Paraphernalia
35-48-4-8.5. Dealing in Paraphernalia
35-48-4-10. Dealing in Marijuana, Hash Oil, Hashish, or Salvia
35-48-4-10.1. Dealing in Smokable Hemp; Exception for Transit Through State
35-48-4-11. Possession of Marijuana, Hash Oil, Hashish, or Salvia
35-48-4-12. Conditional Discharge for Possession as First Offense
35-48-4-12.5. Priority Enrollment in Certain Treatment Programs; Exceptions
35-48-4-14. Offenses Relating to Registration Labeling and Prescription Forms
35-48-4-14.3. Extraction Resistant or Conversion Resistant Ephedrine or Pseudoephedrine
35-48-4-14.5. Possession or Sale of Drug Precursors
35-48-4-16. Defenses to Charge of Selling Narcotics Near School or Park