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Citations Affected: IC 35-46; IC 35-48.

Synopsis: Control of ephedrine and pseudoephedrine. Specifies that ephedrine or pseudoephedrine: (1) may be sold only by a pharmacy or a retailer that uses the NPLEx tracking systemProvides that: (1) a pharmacy may not sell more than 61.2 grams of ephedrine or pseudoephedrine to an individual in a 365 day period; and (2) an individual may not purchase more than 61.2 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. Removes a provision requiring certain signage where ephedrine or pseudoephedrine is sold.

Effective: July 1, 2013.

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Yoder , Young R Michael, Randolph

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    January 14, 2013, read first time and referred to Committee on Corrections & Criminal Law.
    January 31, 2013, amended, reported favorably _ Do Pass.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

SOURCE: IC 35-46-1-4; (13)SB0496.1.1. -->     SECTION 1. IC 35-46-1-4, AS AMENDED BY P.L.6-2012, SECTION 227, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally:
        (1) places the dependent in a situation that endangers the dependent's life or health;
        (2) abandons or cruelly confines the dependent;
        (3) deprives the dependent of necessary support; or
        (4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
    (b) However, the offense is:
        (1) a Class C felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and:
            (A) results in bodily injury; or
            (B) is:
                (i) committed in a location where a person is violating

IC 35-48-4-1 (delivery, financing, or manufacture of cocaine methamphetamine, or a narcotic drug) or IC 35-48-4-1.1 (delivery, financing, or manufacture of methamphetamine); or
                (ii) the result of a violation of IC 35-48-4-1 (delivery, financing, or manufacture of cocaine methamphetamine, or a narcotic drug) or IC 35-48-4-1.1 (delivery, financing, or manufacture of methamphetamine);
        (2) a Class B felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and results in serious bodily injury;
        (3) a Class A felony if it is committed under subsection (a)(1), (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;

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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.

SOURCE: IC 35-48-4-14.5; (13)SB0496.1.2. -->     SECTION 2. IC 35-48-4-14.5, AS AMENDED BY P.L.151-2006, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14.5. (a) As used in this section, "chemical reagents or precursors" refers to one (1) or more of the following:
        (1) Ephedrine.
        (2) Pseudoephedrine.
        (3) Phenylpropanolamine.
        (4) The salts, isomers, and salts of isomers of a substance 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.

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        (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

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        (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
                (ii) in forms used for different purposes.
    (e) A person who possesses two (2) or more chemical reagents or precursors with the intent to manufacture a controlled substance commits a Class D felony.
    (f) An offense under subsection (e) is a Class C felony if the person possessed:
        (1) a firearm while possessing two (2) or more chemical reagents or precursors with intent to manufacture a controlled substance; or
        (2) two (2) or more chemical reagents or precursors with intent to manufacture a controlled substance 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.
    (g) A person who sells, transfers, distributes, or furnishes a chemical reagent or precursor to another person with knowledge or the intent that the recipient will use the chemical reagent or precursors to manufacture a controlled substance commits unlawful sale of a precursor, a Class D felony. However, the offense is a Class C felony if the person sells, transfers, distributes, or furnishes more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine.
    (h) This subsection does not apply to a drug containing ephedrine, pseudoephedrine, or phenylpropanolamine that is dispensed under a prescription. A person who:
        (1) has been convicted of a methamphetamine offense (as defined in IC 10-13-8-1); and
        (2) not later than seven (7) years from the date the person was sentenced for the methamphetamine offense;
knowingly or intentionally possesses ephedrine, pseudoephedrine,

or phenylpropanolamine, pure or adulterated, commits possession of a precursor by a methamphetamine offender, a Class D felony.

SOURCE: IC 35-48-4-14.7; (13)SB0496.1.3. -->     SECTION 3. IC 35-48-4-14.7, AS AMENDED BY P.L.221-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14.7. (a) This section does not apply to the following:
        (1) Ephedrine or pseudoephedrine dispensed pursuant to a prescription.
        (2) The sale of a drug containing ephedrine or pseudoephedrine to a licensed health care provider, pharmacist, retail distributor, wholesaler, manufacturer, or an agent of any of these persons if 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 or NPLEx retailer" means:
            (A) a pharmacy, as defined in IC 25-26-13-2;
            (B) a retailer containing a pharmacy, as defined in IC 25-26-13-2; or
            (C) a retailer that electronically submits the required information to the National Precursor Log Exchange

(NPLEx) administered by the National Association of Drug Diversion Investigators (NADDI).
        (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 or NPLEx retailer.
        (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 or NPLEx retailer 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 or NPLEx retailer. A retailer may not sell a drug containing ephedrine or pseudoephedrine.
    (c) (d) This subsection does not apply to a convenience package. A retailer pharmacy or NPLEx retailer may sell a drug that contains the active ingredient of ephedrine, pseudoephedrine, or both only if the retailer pharmacy or NPLEx retailer complies with the following conditions:
        (1) The retailer pharmacy or NPLEx retailer does not sell the drug to a person less than eighteen (18) years of age.
        (2) The retailer pharmacy or NPLEx retailer 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

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            (C) sixty-one and two-tenths (61.2) grams of ephedrine or pseudoephedrine, or both, to one (1) individual in a three hundred sixty-five (365) day period.
        (3) The retailer pharmacy or NPLEx retailer 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 or NPLEx retailer 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 who pharmacy or NPLEx retailer that 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 or NPLEx retailer 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 or NPLEx retailer 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 or NPLEx retailers in the state without a charge for accessing the system. The retailer pharmacy or NPLEx retailer may not complete the sale if the system generates a stop sale alert.
        (6) If a retailer pharmacy or NPLEx retailer 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 or NPLEx retailer shall maintain a written log or an alternative electronic recordkeeping mechanism until the retailer pharmacy or NPLEx retailer is able to comply with the electronic sales tracking requirement.
        (7) The retailer pharmacy or NPLEx retailer 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 posts a sign warning that:
            (A) 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) 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) 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.

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    (e) (f) 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 pharmacy or NPLEx retailer who that 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) (g) A retail distributor, wholesaler, or manufacturer shall report a suspicious order to the state police department in writing.
    (g) (h) Not later than three (3) days after the discovery of an unusual theft at a particular retail store, the retailer pharmacy or NPLEx retailer 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 or NPLEx retailer, the retailer pharmacy or NPLEx retailer 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 or NPLEx retailer 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 who pharmacy or NPLEx retailer that 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 or NPLEx retailer is immune from liability to a third party unless the retailer pharmacy or NPLEx retailer has violated a provision of this section and the third party brings an action based on the retailer's pharmacy's or NPLEx retailer'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.

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        (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.