LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6921 NOTE PREPARED: Feb 1, 2022
BILL NUMBER: SB 209 BILL AMENDED: Jan 27, 2022
SUBJECT: Drug Schedules.
FIRST AUTHOR: Sen. Young M BILL STATUS: As Passed Senate
FIRST SPONSOR: Rep. Steuerwald
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. Controlled Substances – It adds specified substances to the scheduled list of controlled substances.
B. THC – It replaces references to "delta-9 THC" with "THC".
C. Defense – It provides a defense to certain controlled substance offenses if: (1) the controlled
substance is hemp (as defined by federal law); and (2) the hemp was shipped in continuous transport
from a licensed producer in another state to a licensed handler in another state.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Controlled Substances – Any increase in DOC population due to this
bill is expected to be minor.
These substances would be classified as Schedule I drugs:
1. brorphine
2. butonitazene
3. flunitazene
4. metodesnitazene
5. metonitazene
6. protonitazene
7. etodesnitazene; etazene
SB 209 1 8. N-pyrrolidino etonizatene; etonitazapyne
9. 4,4'-Dimethylaminorex
Each of these are synthetic opioids recently identified on the illicit drug market in the United States. They
have all been identified in at least 44 toxicology and post-mortem cases in the United States between
November 2020 and July 2021.
THC – Restricting all legal hemp products to those with concentrations of less than .3% of
tetrahydrocannabinol could increase the number of cases marijuana prosecution for either possession or
dealing. Possession of marijuana can be prosecuted as Class A or B misdemeanors or Level 6 felonies.
Dealing in marijuana can be prosecuted as Class A misdemeanors or Level 5 or 6 felonies. The level of the
offense depends on the weight involved or the persons prior criminal history.
Defense – This would apply to dealing and possession of marijuana hashish and hash oil and schedule I
through III controlled substances if the controlled substance is hemp and is being shipped from a licensed
producer from one state to another through Indiana. This provision shifts the burden from the defendant to
the prosecuting attorney to prove beyond a reasonable doubt that the substance in question was not hemp and
was not being shipped between states.
Additional Information – The penalties for illegally possessing and dealing in a Schedule I drugs are shown
in the following tables.
Criminal Penalties for Illegally Possessing Schedule Drugs
Simple PossessionWith Enhancing Circumstance
Schedule I, II, III, IVClass A misdemeanor Level 6 felony
Criminal Penalties for Dealing in Schedule I, II and III Drugs
Less than one gram Level 6 felony
Between 1 and 5 grams Level 5 felony
Less than 1 gram with Enhancing Circumstance Level 5 felony
Between 5 and 10 grams Level 4 felony
Between 1 and 5 grams with Enhancing CircumstanceLevel 4 felony
Between 10 and 28 grams Level 3 felony
Between 5 and 10 grams with Enhancing CircumstanceLevel 3 felony
More than 28 grams Level 2 felony
More than 10 grams with Enhancing Circumstance Level 2 felony
IC 35-48-1-16.5 defines "Enhancing circumstance" as one or more of the following:
1. The person has a prior conviction, in any jurisdiction, for dealing in a controlled substance that is
not marijuana, hashish, hash oil, salvia divinorum, or a synthetic drug, including an attempt or
conspiracy to commit the offense.
2. The person committed the offense while in possession of a firearm.
3. The person committed the offense: on a school bus; or in, on, or within 500 feet of school property
while a person younger than 18 was reasonably expected to be present; or a public park while a
person younger than 18 was reasonably expected to be present.
SB 209 2 4. The person delivered or financed the delivery of the drug to a person younger than 18 at least 3 years
junior to the person.
5. The person manufactured or financed the manufacture of the drug.
6. The person committed the offense in the physical presence of a child younger than 18, knowing that
the child was present and might be able to see or hear the offense.
7. The person committed the offense on the property of a penal facility or juvenile facility.
8. The person knowingly committed the offense in, on, or within 100 feet of certain facilities at which
a drug abuser may be provided treatment, care, or rehabilitation.
The following table shows the sentencing ranges for these felonies.
Sentences by Felony Level
Level 2Level 3Level 4Level 5Level 6
Minimum 10 years3 years2 years 1 year6 months
Advisory17.5 years9 years6 years3 years 1 year
Maximum 30 years16 years12 years6 years30 months
The average expenditure to house an adult offender was $24,506 annually, or $67 daily, in FY 2021. (This
does not include the cost of new construction.) If offenders can be housed in existing facilities with no
additional staff, the marginal cost for medical care, food, and clothing is approximately $4,333 annually, or
$11.67 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and
medical vendors and projections based on prior years for clothing and hygiene. The estimated average cost
of housing a juvenile in a state juvenile facility was $133,799, or $366.32 daily, in FY 2021. The marginal
cost for juvenile facilities was $4,891 annually or $13.40 daily.
Explanation of State Revenues: There could be a minimal increase in fees and fines.
Explanation of Local Expenditures: More offenders may be confined in county jails prior to trial. The
average cost to confine a person in a county jail is an estimated $54 per day based on the per diem payments
reported by the U.S. Marshals to house federal prisoners in 16 county jails across Indiana during Federal FY
2017.
Explanation of Local Revenues: There could be a minimal increase in fees and fines.
State Agencies Affected: Department of Correction.
Local Agencies Affected: County sheriffs, prosecuting attorneys, courts with criminal jurisdiction.
Information Sources: Federal Register, Vol. 86, No. 232 / Tuesday, December 7, 2021; Schedules of
Controlled Substances: Temporary Placement of Butonitazene, Etodesnitazene, Flunitazene,
Metodesnitazene, Metonitazene, N-pyrrolidino etonitazene, and Protonitazene in Schedule I 21 CFR Part
1308 ; Department of Correction; U.S. Department of Justice, US Marshals Service.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 209 3