Ind. Code § 4-22-2.3-8

Current through P.L. 171-2024
Section 4-22-2.3-8 - Board of pharmacy interim rules
(a) The Indiana board of pharmacy, on its own initiative or under a written request from the state police department, the United States Drug Enforcement Administration, or a poison control center, may adopt interim rules under IC 4-22-2-37.2 to declare a substance is a synthetic drug if the board finds that 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:
(A) a high potential for abuse; and
(B) no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
(b) In making a determination under subsection (a)(3), the Indiana board of pharmacy shall consider the following factors relating to the substance:
(1) The actual or relative potential for abuse.
(2) Scientific evidence of the substance's pharmacological effect, if known.
(3) The state of scientific knowledge regarding the substance.
(4) The history and current pattern of abuse of the substance.
(5) The scope, duration, and significance of abuse of the substance.
(6) The degree of risk to the public health.
(7) The psychic or psychological dependence liability of the substance.
(c) Notwithstanding IC 4-22-2-37.2(i), a rule described in this section becomes effective when the rule is published in the Indiana Register. A rule described in this section expires not later than June 30 of the year following the year in which the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule.

IC 4-22-2.3-8

Amended by P.L. 84-2024,SEC. 1, eff. 3/12/2024.
Added by P.L. 249-2023,SEC. 43, eff. 7/1/2023.