The Indiana legislature passed a law March 15 to combat the growing problem of synthetic drugs in Indiana, and Kosciusko County Prosecuting Attorney Daniel H. Hampton is thankful.
House Bill 1196 identifies even more chemicals that are classified as synthetic. It also gives the Indiana Board of Pharmacy the power to ban chemicals that are not on the list while congress is not in session.
In addition to the banning, the legislature lumped synthetic drugs such as salvia, bath salts and synthetic canabanoids into the possession of marijuana statute.
Not only can the user be punished, but under the new law the merchant can also be charged under the dealing statue. Merchants can lose their retail license for up to one year, face up to eight years in prison and a fine up to $10,000.
Under the possession of marijuana statute, possession of marijuana is a Class A misdemeanor in any amount less than 30 grams. Possession of marijuana in excess of 30 grams or with a prior conviction is a Class D felony. Under the new statute possession of salvia, a synthetic canabanoid or bath salts in the amount of two or more grams is a Class D felony.
“This new change is great for the community,” Hampton said. “Now they are going after the merchant. Prior to this change the law was very vague and it was hard to go after the merchant. It clearly identifies them and levies sanctions now. ”
By allowing the Indiana Board of Pharmacy the power to ban chemicals that show up in synthetic drugs outside of when the legislature is in session, the legislature took a proactive approach, he said.
“I am impressed that the legislature had the foresight to ban synthetic drugs and those who sell them,” Hampton said. ”Drug chemists were getting around the old statute by using different chemicals to produce the same high. Now if someone uses a different chemical the board of pharmacy can ban it. This new statute is definitely more comprehensive.“
In April Hampton is scheduled to attend a legislative update, where he will learn about all of the changes to the criminal code. House Bill 1196 will be on that list.
