*EH1203.2*
Reprinted
February 20, 2024
ENGROSSED
HOUSE BILL No. 1203
_____
DIGEST OF HB 1203 (Updated February 19, 2024 2:59 pm - DI 106)
Citations Affected: IC 35-48.
Synopsis: Xylazine. Makes possession of xylazine a Class A
misdemeanor, and increases the penalty to a Level 6 felony if the
person has a prior xylazine related conviction. Makes dealing in
xylazine a Level 5 felony, and increases the penalty to a Level 4 felony
if the person has a prior xylazine related conviction. Exempts certain
persons using, distributing, or manufacturing xylazine for veterinary
purposes.
Effective: July 1, 2024.
Meltzer, Garcia Wilburn, Baird
(SENATE SPONSORS — JOHNSON T, FREEMAN, CARRASCO)
January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
January 25, 2024, amended, reported — Do Pass.
January 29, 2024, read second time, ordered engrossed. Engrossed.
January 30, 2024, read third time, passed. Yeas 85, nays 12.
SENATE ACTION
February 7, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
February 13, 2024, reported favorably — Do Pass.
February 19, 2024, read second time, amended, ordered engrossed.
EH 1203—LS 6290/DI 106 Reprinted
February 20, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1203
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-48-4-18 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 18. (a) A person who knowingly or intentionally
4 possesses xylazine commits possession of xylazine, a Class A
5 misdemeanor. However, the offense is a Level 6 felony if the person
6 has a prior unrelated conviction under this section.
7 (b) A person who:
8 (1) knowingly or intentionally:
9 (A) manufactures;
10 (B) finances the manufacture of;
11 (C) delivers; or
12 (D) finances the delivery of;
13 xylazine; or
14 (2) possesses, with intent to:
15 (A) manufacture;
16 (B) finance the manufacture of;
17 (C) deliver; or
EH 1203—LS 6290/DI 106 2
1 (D) finance the delivery of;
2 xylazine;
3 commits dealing in xylazine, a Level 5 felony. However, the offense
4 is a Level 4 felony if the person has a prior unrelated conviction
5 under this section.
6 (c) This section does not apply to one (1) or more of the
7 following:
8 (1) A person who dispenses, prescribes, or administers a drug
9 containing xylazine to a nonhuman species, if:
10 (A) the drug has been approved by the Secretary of Health
11 and Human Services under section 512 of the federal Food,
12 Drug, and Cosmetic Act (21 U.S.C. Sec. 360b); or
13 (B) the dispensing, prescription, or administration of the
14 drug is permissible under section 512(a)(4) of the federal
15 Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b(a)(4)).
16 (2) A person who:
17 (A) manufactures, distributes, or uses xylazine as an active
18 pharmaceutical ingredient for manufacturing an animal
19 drug approved under section 512 of the federal Food,
20 Drug, and Cosmetic Act (21 U.S.C. Sec. 360b); or
21 (B) has been issued an investigation use exemption for
22 xylazine under section 512(j) of the federal Food, Drug,
23 and Cosmetic Act (21 U.S.C. Sec. 360b(j)).
24 (3) A person who manufactures, distributes, or uses a xylazine
25 bulk chemical for pharmaceutical compounding by a licensed
26 pharmacist or veterinarian.
27 (4) A person who uses xylazine for another purpose approved
28 or permitted under the federal Food, Drug, and Cosmetic Act.
29 (5) A person who:
30 (A) possesses xylazine for the purpose of engaging in an
31 activity permitted under this section; or
32 (B) delivers or transports xylazine from a person described
33 in subdivisions (1) through (5)(A) to another person
34 described in subdivisions (1) through (5)(A).
EH 1203—LS 6290/DI 106 3
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1203, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Delete everything after the enacting clause and insert the following:
(SEE TEXT OF BILL)
and when so amended that said bill do pass.
(Reference is to HB 1203 as introduced.)
MCNAMARA
Committee Vote: yeas 11, nays 1.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred House Bill No. 1203, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to HB 1203 as printed January 25, 2024.)
FREEMAN, Chairperson
Committee Vote: Yeas 5, Nays 1
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1203 be
amended to read as follows:
Page 1, between lines 6 and 7, begin a new paragraph and insert:
"(b) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
EH 1203—LS 6290/DI 106 4
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.".
Page 1, line 7, delete "(b)" and insert "(c)".
Page 2, line 1, delete "(1)" and insert "(A)".
Page 2, line 5, delete "(2)" and insert "(B)".
Page 2, line 7, delete "(21 U.S.C. Sec. 3606(j))." and insert "(21
U.S.C. Sec. 360b(j)).".
(Reference is to EHB 1203 as printed February 14, 2024.)
FREEMAN
EH 1203—LS 6290/DI 106