Unlawful manufacture, distribution, or possession of counterfeit
substance
Sec. 4.6. (a) A person who knowingly or intentionally:
(1) manufactures;
(2) finances the manufacture of;
(3) advertises;
(4) distributes; or
(5) possesses with intent to manufacture, finance the
manufacture of, advertise, or distribute;
a substance described in section 4.5 of this chapter commits a Class
C felony.
(b) A person who knowingly or intentionally possesses a
substance described in section 4.5 of this chapter commits a Class C
misdemeanor. However, the offense is a Class A misdemeanor if the
person has a previous conviction under this section.
(c) In any prosecution brought under this section it is not a
defense that the person believed the substance actually was a
controlled substance.
(d) This section does not apply to the following:
(1) The manufacture, financing the manufacture of, processing,
packaging, distribution, or sale of noncontrolled substances to
licensed medical practitioners for use as placebos in
professional practice or research.
(2) Persons acting in the course and legitimate scope of their
employment as law enforcement officers.
(3) The retention of production samples of noncontrolled
substances produced before September 1, 1986, where such
samples are required by federal law.
As added by P.L.210-1986, SEC.2. Amended by P.L.165-1990,
SEC.8; P.L.150-1999, SEC.1; P.L.225-2003, SEC.3.
Last modified: May 24, 2006