Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1203
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-48-4-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: 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
HEA 1203 — Concur 2
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).
HEA 1203 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1203 — Concur