2023 Indiana Code
Title 35. Criminal Law and Procedure
Article 48. Controlled Substances
Chapter 3. Registration and Control
35-48-3-3. Registration Requirements

Sec. 3. (a) Every person who manufactures or distributes any controlled substance within this state or who proposes to engage in the manufacture or distribution of any controlled substance within this state, must obtain biennially a registration issued by the board in accordance with the board's rules.

(b) Every person who dispenses or proposes to dispense any controlled substance within Indiana must have a registration issued by the board in accordance with the board's rules. A registration issued to a dispenser under this subsection expires whenever the dispenser's license as a practitioner expires. The board shall renew a dispenser's registration under this subsection concurrently with any state license authorizing the dispenser to act as a practitioner.

(c) This subsection is effective January 1, 2014. An owner must have a registration issued by the board in accordance with the board's rules. An owner shall adopt reasonable procedures to ensure that employed or contracted individuals who are dispensing controlled substances in the office, facility, clinic, or location owned or controlled by the owner dispense the controlled substances in a manner that complies with laws, rules, and regulations.

(d) Persons registered by the board under this article to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this chapter.

(e) The following persons need not register and may lawfully possess controlled substances under this article:

(1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent's or employee's business or employment.

(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.

(3) An ultimate user or a person in possession of any controlled substance under a lawful order of a practitioner or in lawful possession of a schedule V substance.

(f) The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety.

(g) A separate registration is required at each principal place of business or professional practice where the applicant:

(1) manufactures, distributes, dispenses, or possesses controlled substances; and

(2) employs or contracts with individuals to dispense controlled substances. This subdivision is effective January 1, 2014.

(h) The board may inspect the establishment of a registrant or applicant for registration in accordance with the board's rules.

(i) Beginning January 1, 2014, the attorney general may file a petition in circuit or superior court to obtain an injunction against a violation of this chapter by an owner. In an action filed by the attorney general under this subsection, the court may:

(1) issue an injunction;

(2) order the owner to pay a civil penalty not to exceed five thousand dollars ($5,000);

(3) order the owner to pay the state the reasonable costs of the attorney general's investigation and prosecution related to the action; and

(4) provide the appointment of a receiver.

As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.156-1986, SEC.6; P.L.185-2013, SEC.6.