Sec. 26. (a) A person who knowingly or intentionally engages in the wholesale distribution of a legend drug without a license issued under this chapter commits a Level 6 felony.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
For details, see Ind. Code § 35-50-2-7
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Terms Used In Indiana Code 25-26-14-26

  • authenticate: means to affirmatively verify before distribution occurs that each transaction that is listed on:

    Indiana Code 25-26-14-1.7

  • deliver: means the actual, constructive, or attempted transfer of a legend drug from one (1) person to another. See Indiana Code 25-26-14-4.5
  • distribute: means to sell, offer to sell, deliver, offer to deliver, broker, give away, or transfer a legend drug, whether by passage of title or physical movement, or both. See Indiana Code 25-26-14-4.7
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • legend drug: has the meaning set forth in IC 16-18-2-199. See Indiana Code 25-26-14-7
  • pedigree: means a statement or record in a written or an electronic form that is approved by the board, that:

    Indiana Code 25-26-14-8.7

  • person: means an individual, a partnership, a business firm, a limited liability company, a corporation, or another entity, including a governmental entity. See Indiana Code 25-26-14-9
  • wholesale distribution: means to distribute legend drugs to persons other than a consumer or patient. See Indiana Code 25-26-14-11
     (b) A person who engages in the wholesale distribution of a legend drug and:

(1) who, with intent to defraud or deceive:

(A) fails to obtain or deliver to another person a complete and accurate required pedigree concerning a legend drug before:

(i) obtaining the legend drug from another person; or

(ii) transferring the legend drug to another person; or

(B) falsely swears or certifies that the person has authenticated any documents related to the wholesale distribution of legend drugs;

(2) who knowingly or intentionally:

(A) destroys, alters, conceals, or fails to maintain a complete and accurate required pedigree concerning a legend drug in the person’s possession;

(B) purchases or receives legend drugs from a person not authorized to distribute legend drugs in wholesale distribution;

(C) sells, barters, brokers, or transfers a legend drug to a person not authorized to purchase the legend drug in the jurisdiction in which the person receives the legend drug in a wholesale distribution;

(D) forges, counterfeits, or falsely creates a pedigree;

(E) falsely represents a factual matter contained in a pedigree; or

(F) fails to record material information required to be recorded in a pedigree; or

(3) who:

(A) possesses a required pedigree concerning a legend drug;

(B) knowingly or intentionally fails to authenticate the matters contained in the pedigree as required; and

(C) distributes or attempts to further distribute the legend drug;

commits a Level 6 felony.

As added by P.L.182-1991, SEC.3. Amended by P.L.212-2005, SEC.60; P.L.158-2013, SEC.288.

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