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). IC 35-48-5 Chapter 5. Repealed IC 35-48-6 Chapter 6. Repealed IC 35-48-7 Chapter 7. Repealed IC 35-49 ARTICLE 49. OBSCENITY AND PORNOGRAPHY Ch. 1. Definitions Ch. 2. General Provisions Ch. 3. Crimes IC 35-49-1 Chapter 1. Definitions 35-49-1-0.1 Repealed 35-49-1-1 Definitions applicable throughout article 35-49-1-2 "Distribute" 35-49-1-3 "Matter" 35-49-1-4 "Minor" 35-49-1-5 "Nudity" 35-49-1-6 "Owner" 35-49-1-7 "Performance" 35-49-1-8 "Sado-masochistic abuse" 35-49-1-9 "Sexual conduct" 35-49-1-10 "Sexual excitement"
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