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Synthetic Drug Emergency Rules

 

Indiana Code 25-26-13-4.1 gives the Indiana Board of Pharmacy the authority to adopt emergency rules declaring a substance to be a synthetic drug if the substance:

  1. has been scheduled or emergency scheduled by the United States Drug Enforcement Administration;
  2. has been scheduled, emergency scheduled, or criminalized by another state; or
  3. has:
    1. a high potential for abuse; and
    2. no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

Controlled substances listed in IC 35-48-2-4 are included in Schedule I.  “Synthetic drugs,” as defined in IC 35-31.5-2-321, are listed as Schedule I drugs under IC 35-48-2-4(d)(35).  Indiana Code 35-31.5-2-321(13) includes in the definition of synthetic drug “any compound determined to be a synthetic drug by rule adopted under IC 25-26-13-4.1.”

Emergency rules adopted by the Indiana Board of Pharmacy become effective thirty (30) days after filing with the publisher. Emergency rules adopted by the Board expire on June 30 of the year following the year in which the rules were filed with the publisher.

The Indiana Board of Pharmacy has promulgated the following emergency rules in accordance with IC 25-26-13-4.1: