Sec. 1.5. (a) A person who knowingly or intentionally manufactures or delivers a controlled substance or controlled substance analog, in violation of: (1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug); (2) IC 35-48-4-1.1 (dealing in methamphetamine); (3) IC 35-48-4-1.2 (manufacturing methamphetamine); or (4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled substance); that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 1 felony. (b) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-3 , that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 2 felony. (c) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-4 , an offense under IC 35-48-4 involving a synthetic drug (as defined in IC 35-31.5-2-321 ), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled substance analog (as defined in IC 35-48-1.1-8 ), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6 ), that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 3 felony. (d) It is not a defense to an offense described in this section that the human being died: (1) after voluntarily using, injecting, inhaling, absorbing, or ingesting a controlled substance or controlled substance analog; or (2) as a result of using the controlled substance or controlled substance analog in combination with alcohol or another controlled substance or with any other compound, mixture, diluent, or substance.
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