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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

LITTLE ARM PNC. D/B/A B&B DISTRIBUTIONS, BOHEMIAN GROOVE LLC, MELX2 ENTERPRISES INC, and IDK ANYTHING LLC,
Plaintiffs,
Case No. l:13-cv-862

PROSECUTORS: ADAMS, ALLEN, BARTHOLOMEW, BENTON, BLACKFORD, BOONE, BROWN,

CARROLL, CASS, CLARK, CLAY, CLINTON, CRAWFORD, DAVIESS, DEARBORN, DECATUR, DEKALB, DELAWARE, DUBOIS, ELKHART, FAYETTE, FLOYD, FOUNTAIN, FRANKLIN, FULTON, GIBSON, GRANT, GREENE, HAMILTON, HANCOCK, HARRISON, HENDRICKS, HENRY, HOWARD, HUNTINGTON, JACKSON, JASPER, JAY, JEFFERSON, JENNINGS, JOHNSON, KNOX, KOSCIUSKO, LAGRANGE, LAKE, LA PORTE, LAWRENCE, MADISON, MARION, MARSHALL, MARTIN, MIAMI, MONROE, MONTGOMERY, MORGAN, NEWTON, NOBLE, OHIO, ORANGE, OWEN, PARKE, PERRY, PIKE, PORTER, POSEY,

PULASKI, PUTNAM, RANDOLPH, RIPLEY, RUSH, ST. JOSEPH, SCOTT, SHELBY, SPENCER, STARKE,
STEUBEN, SULLIVAN, SWITZERLAND, TIPPECANOE, TIPTON, UNION, VANDERBURGH, VERMILLION, VIGO, WABASH, WARREN, WARRICK, WASHINGTON, WAYNE, WELLS, WHITE, WHITLEY COUNTIES,
Defendants.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND NOTICE OF
CHALLENGE TO CONSTITUTIONALITY OF STATE STATUTE

I. Introductory Statement

1. This action challenges the constitutionality of the portion of Senate Enrolled Act No. 536

("Statute"), eff. May 7, 2013, which makes it illegal to, inter alia, possess, distribute, or

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manufacture any "synthetic drug lookalike substance," the definition of which is codified

pursuant to Ind. Code § 35-31.5-2-321.5, and also challenges the constitutionality of the

portion of Senate Enrolled Act No. 246 that amends IND. CODE § 35-48-4-11.5.
2. The Statute creates a definition of "synthetic drug lookalike substance" that tasks a

reasonable person with comparing a substance at issue with innumerable chemicals and
chemical families that are considered "synthetic drugs" under Indiana law, a task that a

reasonable person would not necessarily be able to do.
3. The Statute also calls into play a large number of "factors" that should consider when

making the determination if substance or product is in fact violating Indiana Law. 4. The Statute is therefore not objective and can easily be abused to fit whatever criteria law enforcement decides it wants to use on a particular day and lends itself to abuse and
harassment of Indiana citizens and business owners.

5.

The Statute is unconstitutional under the U.S. Constitution and the Indiana Constitution
because:

a. It violates due process under the Fourteenth Amendment to the U.S.
Constitution and Article I, Section 12 of the Indiana Constitution because it is

impossible for a person to know whether or not what they possess might be considered a "synthetic drug" by a "reasonable person" under Indiana law;
b. It is irrational in violation of the equal protection clause of the Fourteenth
Amendment to the United States Constitution and Article I, Section 23 of the

Indiana Constitution because given the current language of the Statute, a

person is unable to determine whether or not they will be considered in
violation of the law for possession what is otherwise a legal product; and

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c. It constitutes a regulatory taking of property in violation of the Fifth
Amendment of the United States Constitution and Article I, Section 21 of the

Indiana Constitution because products, which do not contain any enumerated

banned substances, could be seized by law enforcement without any warning to the person who is in possession of it without just compensation;
6. The very concept of potentially possessing, distributing, or manufacturing a particular

substance, whether intending to do so or not, based on a reasonable person's understanding of the chemical characteristics of infinitely many "synthetic drugs" defined
under Indiana law is contrary to the Fourteenth Amendment to the U.S. Constitution and
Section 21 of the Indiana Constitution.

7. The very concept of potentially possessing, distributing, or manufacturing a particular
substance, whether intending to do so or not, based on a reasonable person's

understanding of the chemical characteristics of infinitely many "synthetic drugs" defined
under Indiana law is adverse to the freedoms guaranteed under the Fourteenth
Amendment to the U.S. Constitution and Section 21 of the Indiana Constitution.

8. The very concept of criminalizing substances that to a "reasonable person" supposedly
"look like" particular chemical formulas defined under Indiana law, based on nonexhaustive factors, including, but not limited to, whether the substance is exchanged for

money, is utterly nonsensical and irrational, and inimical to the equal protection clause of
the Fourteenth Amendment to the United States Constitution and Article I, Section 23 of
the Indiana Constitution.

9. The very concept of denying Plaintiffs' and other Indiana citizens and businesses all

economically beneficial or productive use of various products that they have paid for and

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do not contain any substances which have been banned by the State of Indiana without
just compensation is likewise inimical to the Fifth Amendment to the U.S. Constitution
and Article I, Section 21 of the Indiana Constitution.

10. Injunctive and declaratory relief is therefore requested.
II. Jurisdiction, Venue, Cause of Action

11. This Court has jurisdiction over this cause of action pursuant to 28 U.S.C. §§ 1331 and
1343.

12. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391. 13. Declaratory relief is authorized by 28 U.S.C. §§ 2201, 2202, and by Rule 57 of the
Federal Rules of Civil Procedure.

14. This action is brought pursuant to 42 U.S.C. § 1983 to redress the deprivation, under

color of state law, of rights secured by the Constitution of the United States. 15. This preenforcement challenge to the Statute's constitutionality is available to Plaintiffs
under Article III of the United States Constitution.
III. Parties

16. Little Arm Inc. d/b/a B&B Distributions ("Little Arm") is a for-profit Indiana corporation that manufactures and distributes, inter alia, novelty items, electric cigarettes, apparel,

and aromatherapy products. 17. Little Arm is located in Fort Wayne, Indiana and distributes aromatherapy products

throughout the State of Indiana, including Marion County, Indiana. Little Arm sues on
its own behalf and on behalf of its customers.

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18. Bohemian Groove LLC ("Bohemian Groove") is a for-profit limited liability company

organized under the laws of the State of Indiana that sells, inter alia, aromatherapy
products.

19. Bohemian Groove's principal place of business is located in Huntington, Indiana and sells its aromatherapy products in other Indiana counties, including Grant County.
Bohemian Groove sues on its own behalf and on behalf of its customers.

20. MELX2 Enterprises Inc. ("MELX2") is a for-profit Indiana corporation that sells, inter
alia, aromatherapy products.

21.MELX2's principal place of business is located in Bloomington, Indiana and sells its

aromatherapy products in other Indiana counties, including Decatur County and
Lawrence County. MELX2 sues on its own behalf and on behalf of its customers. 22. IDK Anything LLC ("IDK") is a for-profit limited liability company organized under the
laws of the State of Indiana that sells, inter alia, aromatherapy products.

23. IDK's principal place of business is located in Carmel, Indiana and sells its aromatherapy

products in other Indiana counties, including Marion County. IDK sues on its own behalf
and on behalf of its customers.

24. The defendant prosecutors are the elected officials responsible for investigating and

prosecuting criminal offenses (including those created by the Statute) within the various
counties in the State of Indiana.

25. Defendants, by their actions and through public statements in the media, have targeted Plaintiffs' legal businesses as the intended focus of the Statute.

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IV. Legal Background

26. A true and accurate copy of Senate Enrolled Act No. 536 is attached to this Complaint as
Exhibit "A."

27. The Statute adds a new statutory provision, i.e. Ind. Code § 35-31.5-2-321.5, effective May 7, 2013, which provides:

(a) "Synthetic drug lookalike substance", except as provided in subsection (b), means one (1) or more of the following: (1) A substance, other than a synthetic drug, which any of
the factors listed in subsection (c) would lead a reasonable person to believe to be a synthetic drug. (2) A substance, other than a synthetic drug: (A)that a person knows or should have known was intended to be consumed; and

(B)the consumption of which the person knows or
should have known to be intended to cause
intoxication.

(b) The term "synthetic drug lookalike substance" does not include the
following:

(1) Food and food ingredients (as defined in IC 6-2.5-1(2) (3) (4) (5)
20). Alcohol (as defined in IC 7.1-1-3-4). A legend drug (as defined in IC 16-18-2-199). Tobacco.

A dietary supplement (as defined in IC 6-2.5-1-16).

(c) In determining whether a substance is a synthetic drug lookalike
substance, the following factors may be considered: (1) The overall appearance of a dosage unit of the substance, including its shape, color, size, markings or lack of markings, taste, consistency, and any other identifying physical characteristics.

(2) How the substance is packaged for sale or distribution, including the shape, color, size, markings or lack of markings, and any other identifying physical
characteristics of the packaging.

(3) Any statement made by the owner or person in control
of the substance concerning the substance's nature, use,
or effect.

(4) Any statement made to the buyer or recipient of the substance suggesting or implying that the substance is a
synthetic drug.

(5) Any statement made to the buyer or recipient of the

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substances suggesting or implying that the substance may be resold for profit. (6) The overall circumstances under which the substance is distributed, including whether: (A)the distribution included an exchange of, or demand for, money or other property as consideration; and (B)the amount of the consideration was substantially greater than the reasonable retail market value of
the substance the seller claims the substance to be.

("Synthetic Drug Lookalike Substance Definition"). 28. The Statute criminalizes the possession, distribution, and manufacture of synthetic drug
lookalike substances.

29. The Synthetic Drug Lookalike Substance Definition demands that a reasonable person
understand Indiana's definition of "synthetic drug."

30. Ind. Code § 35-31.5-2-321 defines "synthetic drug" as a multitude of specific chemicals, analogs of those chemicals, seven (7) chemical families, and "[a]ny compound
determined to be a synthetic drug by rule adopted under IC 25-26-13-4.1." I.C. § 3531.5-2-321(9) ("Synthetic Drug Definition").

31. The Synthetic Drug Definition is attached hereto as Exhibit "B." 32. The Synthetic Drug Definition includes compounds emergency scheduled by the Indiana
Board of Pharmacy pursuant to Ind. Code § 25-26-13-4.1.

33. As of the filing of this Complaint, the Indiana Board of Pharmacy had promulgated three (3) emergency rules that have since been codified in the Statute.
34. The Statute further demands that a reasonable person understand Indiana's definition of

"analog" because an "analog" of a "synthetic drug" is itself considered a "synthetic
drug."

35. Ind. Code § 35-31.5-2-16.5 defines "analog" as:

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[A] new or novel chemical entity, independent of synthetic route or natural origin, having substantially the same: (1) carbon backbone structure; and (2) pharmacological mechanism of action; as a compound specifically defined as a synthetic drug in section 321 of this chapter. 36. The Synthetic Drug Definition and the Analog Definition are circular; therefore, analogs
of analogs (and so forth) would fall within the Synthetic Drug Definition.

37. The Synthetic Drug Lookalike Substance Definition could be interpreted by a reasonable person to include the following:
a. cigarettes (since only the tobacco plant itself is exempted from that definition) because the cigarettes can be resold for profit and the retail value and it has an intoxicating affect; b. traditional potpourri since it could be said that it looks a synthetic drug. A true and accurate depiction of traditional potpourri is attached hereto as
Exhibit "C;"

c. stamps since they look like the packaging that could contain LSD; d. catnip since it looks like marijuana;
e. talcum powder since some drugs are white powdery substances;

f.

individual packages of condoms since they are sold individually and the consideration they are sold for is much greater than the retail market value if

they were bought in bulk. A true and accurate photograph of an individual
condom package is attached hereto as Exhibit "D." 38. Complicating matters further, a reasonable person, given that in order for a substance to

in fact be a synthetic drug it must contain a specific set of chemicals which are identified

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in the statute; a person cannot say what a synthetic drug looks like and therefore be able to say that a substance is a lookalike synthetic drug.
V. Factual Allegations

39. Prior to the State's enactment, Defendants used law enforcement personnel to target
Plaintiffs' customers and/or vendors in order to convince said customers and vendors to

cease conducting business with those Plaintiffs. 40. Little Arm and its principal and employees were subjected to a search and seizure on or about December 20, 2012, by members of law enforcement, including but not limited to
the Fort Wayne Police Department; Bohemian Groove was subjected to searches and

seizures on or about May 29, 2012, and on or about September 18, 2012; and MELX2 has been subjected to searches and seizures, including a search and seizure on or about

January 17, 2013, all of which were conducted in relation to Little Arm's, Bohemian
Groove's, and MELX2's respective aromatherapy products.

41. After the Statute's enactment, an agent of the Indiana State Excise Police seized from a

non-party multiple units of a product manufactured by Little Arm, claiming said product
to be a lookalike substance.

42. Upon information and belief, after the Statute's enactment, an agent of the Indiana State
Excise Police threatened adverse action against a business in the event that business

would later choose to sell aromatherapy or air freshener products sold by one of the
Plaintiffs.

43. Plaintiffs have suffered a significant loss of revenue and goodwill in their respective
communities as a result of Defendants' actions, and will continue to suffer those losses so

long as Defendants persist in targeting Plaintiffs' lawful business activities with baseless

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accusations, threats, and/or intimidation through media statements and harassment of
Plaintiffs' customers and/or vendors.

44. Plaintiffs' respective aromatherapy products do not contain synthetic drugs, but have

been suggested by members of Indiana's law enforcement and Indiana's media to contain

synthetic drug lookalike substances, despite Plaintiffs' intentions and efforts to comply
with federal and Indiana law.

45. First, Plaintiffs manufacture, distribute, and/or sell their respective aromatherapy products in packaging which conspicuously warn that said products are not intended for human consumption and provide instructions for proper usage. 46. A true and accurate photograph of Little Arm's "B2 Da Bomb" product and its packaging, as it existed before the Statute's enactment, is attached hereto as Exhibit "E."

47. Next, as part of Plaintiffs' respective business protocols, Plaintiffs obtain testing results
for their proposed aromatherapy products from reputable laboratories to determine whether those products adhere to federal and Indiana law before attempting to
manufacture, distribute, or otherwise sell those products.

48. As a result of the Statute's enactment, Plaintiffs no longer can determine whether the

current contents of their respective aromatherapy products would fall within the Synthetic
Drug Lookalike Substance Definition.

49. A laboratory that Plaintiffs previously used for their testing now refuses to provide an

opinion on whether the current contents of Plaintiffs' aromatherapy products would fall
within the Synthetic Drug Lookalike Substance Definition.
50. If law enforcement makes a "determination" that Plaintiffs' respective aromatherapy to

contain synthetic drug lookalike substances, then Plaintiffs would be forced to shut down

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their respective businesses altogether, as their respective aromatherapy product sales
constitute a large percentage of their gross revenues.

51. A flyer is present on the Indiana Department of Revenue Website which is titled "Legal
Notice" and states, among other things, "RELIANCE ON PACKAGING

REPRESENTATIONS,

SUPPLIER REPRESENTATIONS,

AND LAB REPORTS

SHALL BE DONE AT YOUR OWN RISK." (the "Flyer"). A true and accurate copy of the Flyer is attached hereto as Exhibit "F."
52. This particular Flyer appears to be aimed at Indiana businesses and is available under a

link which states "If you are operating a convenience store or plan to sell bath salts, spice
or synthetic drugs, click here." A true and accurate picture of the webpage with this
statement is attached hereto as Exhibit "G."

53. The Flyer contains the endorsement by the Indiana State Police, Indiana Department of
Revenue, Indiana Attorney General, Indiana State Department of Health, Indiana Board of Pharmacy and Indiana Sheriffs Association.

54. The Flyer attempts to prevent business owners from selling products which are not
illegal.

55. The Flyer gives a preview of how law enforcement will attempt to enforce the new Statute; by prosecuting businesses for selling products that do not contain any substances that are listed in the synthetic drug law but that law enforcement decide they believe are
look like "synthetic drugs."

56. Therefore, the Statute directly hinders Plaintiffs' ability to continue conducting their respective businesses in the State of Indiana.

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57. Moreover, the Statute does not provide just compensation to Plaintiffs for threatening to
deny or otherwise denying Plaintiffs' all economically beneficial or productive use of
their respective aromatherapy product inventory.

58. Alternatively, the Statute would require the Plaintiffs to routinely conduct large sample

size polls of "reasonable persons" to determine whether Plaintiffs' respective
aromatherapy products are considered by said persons to contain synthetic drug lookalike
substances.

59. The costs of conducting such polls on a regular basis would be tremendous.

60. In light of the confusion surrounding what substances the Synthetic Drug Lookalike
Substance Definition covers, Plaintiffs are immediately in danger of sustaining direct injury in the form of prosecution, searches, and seizures, especially since many of them were subjected to searches and seizures during a period in which Indiana's laws were
more defined.

61. Merely by selling their aromatherapy products in exchange for consideration, Plaintiffs would be considered having met one of the Synthetic Drug Lookalike Substance
Definition's factors that could lead one to believe that a synthetic drug was being sold,

regardless of Plaintiffs' intent.

62. The term "spice" has been used as a slang term by members of law enforcement in
Indiana and Indiana-based media to refer to "synthetic drugs."

63. "Spice" is also a brand of herbal incense.

64. "Spice" is one of the original substances that prompted the Indiana legislature to begin
regulating herbal incense.

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65. A true and accurate photograph of the packaging for "Spice" and its contents is attached
hereto as Exhibit "H."

66. Merely by selling its aromatherapy products in packaging which is similar in shape and

size to the packaging containing the product called "Spice", Plaintiffs would be
considered to have met one of the Synthetic Drug Lookalike Substance Definition's

factors that could lead one to believe that a synthetic drug was being sold, regardless of Plaintiffs' intent, especially considering the information the State is including in the
Flyer.

67. Plaintiffs have no adequate remedy at law and will suffer irreparable harm if their request

to preliminarily and permanently enjoin the Statute's enforcement is denied.
68. Plaintiffs have a likelihood of success on the merits.

69. The balancing of harms favors granting preliminary and permanent injunctive relief.

70. The public interest would not be harmed by preliminarily enjoining the unconstitutional
Statute's enforcement.

71. A decision favoring Plaintiffs in this litigation would redress Plaintiffs' injuries described
herein.

VI. Legal Claims

72. The Statute is unconstitutionally vague in violation of the due process clause of the
Fourteenth Amendment to the United States Constitution.

a. The Statute is vague because it (i) fails to provide definite notice to individuals regarding what behavior is criminalized and (ii) invites arbitrary
and discriminatory enforcement.

13

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b. The Statute provides no mandatory ascertainable standards for determining what substances are actually banned, thereby denying any party of interest

notice of their alleged violation of the Statute.
73. The Statute is fundamentally irrational and therefore is unconstitutional in violation of the

equal protection clause of the Fourteenth Amendment to the United States Constitution
and Article I, Section 23 of the Indiana Constitution.

74. The Statute constitutes a regulatory taking of property in violation of the Fifth
Amendment of the United States Constitution and Article I, Section 21 of the Indiana
Constitution.

c. The Statute, as written, permits a regulatory taking even absent seizure in that it leaves no reasonable economically viable use of Plaintiffs' aromatherapy
products.

d. The seizure of Plaintiffs' property would be based entirely on the subjective
beliefs of law enforcement and will deprive Plaintiffs of both the purchase

price of any subjected items, as well as the potential profits associated with
those items.

e. Any such enforcement of the Statute at Plaintiffs' businesses will have a

chilling effect on the lawful activities of business and will deprive Plaintiff of
their right to transact business as licensed, tax-paying retailers. f. The Statute also deprives Plaintiffs the liberty to conduct business, enter into
contracts and fulfill contractual obligations.

g. Unless and until the enforcement of the Statute is enjoined, the Plaintiffs will
suffer and continue to suffer irreparable harm to their federal and state

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constitutional rights to avoid being deprived of private property without just
compensation.

75. The Statute is additionally unconstitutional in that it interferes with existing contracts in
violation of Article I, Section 10 of the United States Constitution.

VII. Request for Relief

WHEREFORE, Plaintiffs request that this Court:

a. Accept jurisdiction of this case;
b. Declare the Statute unconstitutional in its entirety both on its face and as

applied to the Plaintiffs for the reasons specified above; c. Enter a preliminary injunction, later to be made permanent, enjoining the
enforcement of the Statute;

d. Award Plaintiffs their costs and attorneys' fees pursuant to 42 U.S.C. § 1988;
and

e. Award all other proper relief in the premises.

Respectfully submitted,

s/ Mark W. Rutherford

s/ Stephen R. Donham Mark W. Rutherford, Atty. No.: 29-11316 Stephen R. Donham, Atty. No. 29226-49
Thrasher Buschmann & Voelkel, P.C.

1900 Market Square Center
151 North Delaware Street

Indianapolis, Indiana 46204 Telephone: (317) 686-4773
Facsimile: (317) 686-4777
rutherford@indiana-attorneys.com

donham(giindiana-attornevs.com Attorneys for Plaintiffs

15

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

LITTLE ARM INC. D/B/A B&B DISTRIBUTIONS, BOHEMIAN GROOVE LLC, MELX2 ENTERPRISES INC., and IDK ANYTHING LLC,
Plaintiffs,
Case No. l:13-cv-862

PROSECUTORS: ADAMS, ALLEN, BARTHOLOMEW, BENTON, BLACKFORD, BOONE, BROWN, CARROLL, CASS, CLARK, CLAY, CLINTON, CRAWFORD, DAVIESS, DEARBORN, DECATUR, DEKALB, DELAWARE, DUBOIS, ELKHART, FAYETTE, FLOYD, FOUNTAIN, FRANKLIN, FULTON, GIBSON, GRANT, GREENE, HAMILTON, HANCOCK, HARRISON, HENDRICKS, HENRY, HOWARD, HUNTINGTON, JACKSON, JASPER, JAY, JEFFERSON, JENNINGS, JOHNSON, KNOX, KOSCIUSKO, LAGRANGE, LAKE, LA PORTE, LAWRENCE, MADISON, MARION, MARSHALL, MARTIN, MIAMI, MONROE, MONTGOMERY, MORGAN, NEWTON, NOBLE, OHIO, ORANGE, OWEN, PARKE, PERRY, PIKE, PORTER, POSEY, PULASKI, PUTNAM, RANDOLPH, RIPLEY, RUSH, ST. JOSEPH, SCOTT, SHELBY, SPENCER, STARKE, STEUBEN, SULLIVAN, SWITZERLAND, TIPPECANOE, TIPTON, UNION, VANDERBURGH, VERMILLION, VIGO, WABASH, WARREN, WARRICK, WASHINGTON, WAYNE, WELLS, WHITE, WHITLEY COUNTIES,
Defendants.

LOCAL RULE 5-1 INDEX OF EXHIBITS TO COMPLAINT

Pursuant to Southern District of Indiana Local Rule 5-1(b), Plaintiffs hereby tender their index of exhibits to their Complaint as follows:
Exhibit A: Senate Enrolled Act No. 536, eff. May 7, 2013.

Exhibit B: Ind. Code § 35-31.5-2-321, eff. May 7, 2013, as amended by Senate Enrolled Act
No. 536.

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Exhibit C: Photograph of traditional potpourri.
Exhibit D: Photograph of individual condom package.

Exhibit E: Photograph of Little Arm Inc. product prior to May 7, 2013.
Exhibit F: Indiana Department of Revenue "Legal Notice."

Exhibit G: Picture of webpage containing "Legal Notice."
Exhibit H: Photograph of "Spice" product.

Respectfully submitted,

s/ Mark W. Rutherford

s/ Stephen R. Donham Mark W. Rutherford, Atty. No.: 29-11316 Stephen R. Donham, Atty. No. 29226-49
Thrasher Buschmann & Voelkel, P.C.

1900 Market Square Center
151 North Delaware Street

Indianapolis, Indiana 46204 Telephone: (317) 686-4773 Facsimile: (317) 686-4777
rutherford(S>indiana-attornevs.com donham@indiana-attorneys.com

Attorneys for Plaintiffs

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First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana

Constitution)is bemgantended, thetext oftbeexistingprovision "Kill appear In this style type, additions will appear in this style type, and deletions will appear in this snte type? Additions: Whenever a new statutory provision is being enacted (or a new con stitutional provision adopted), the text of the new provisionwill appear in this style type. Also, the word NEW willappearin that styletypeinthe introductoryclause of each SECTION that adds a new provisionto the Indiana Code or the IndianaConstitution.
Cc^ict nKOTtoliatton: Te^in astatutein ttej?;^ ^^ between statutes enacted by the 2012 Regular Session ofthe General Assembly.

SENATE ENROLLED ACT No. 536

AN ACTto amend the Indiana Code conceming criminal law and procedure.

Be itenacted by ike General Assembly oftheStateofIndiana:

SECTION 1.IC4-6-3-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE UPON PASSAGE]rSisc: 4. Aft investigative demand
shall containthe following:

(

(1) Ageneral description ofthe subject matter being investigated
anda statementofthe applicable provisions oflaw. (2) The date, time,and placeat which the person is to appear, answerwritteninterrogatories, or produce documentary material or other tangible items. The date shallnot be less than ten (10)

days torn the date of service of the demand. However, the
attorneygeneral maydemand and obtain immediate access to
records and materials if access is necessary for purposes of

investigating alleged violations relatingto sales or solicited salesof a syntheticdrug (as defined in IC 35-315-2-321)or a synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5).

%,m

(3)Where theproduction ofdocuments orother tangible items is required, a description ofthose documents oritems byclass with sufficient clarity sothattheymight bereasonably identtBed.
SECTION 2. IC 6-2.5-8-7, AS .AMENDED BY P.L.7S-2012,

SECTION2, ISAMENDED TOREAD ASFOLLOWS [EFFECTIVE UPON PASSAGE]: Sea 7. (a) The department may, for good cause,
revoke a certificate issued under section 1, 3, or 4 of this chapter.
SEA 536 — Concur^

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However, the department mustgive the certificate holderat least five (5) days noticebefore it revokes the certificate underthis subsection.
Good cause for revocation may include the following: (1)Sale or solicitation of a sale involving a synthetic drug (as defined in IC 35-31.5-2-321) or a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5).

(2) Failure to collectsales tax on a saleinvolving a synthetic
drug or a synthetic drug lookalike substance. If the department gives noticeof an intent to revoke based on an alleged violation of subdivision (1)or (2),thedepartmentshallhold a public hearing to determine whethergood cause exists. If the department finds in a public hearing by a preponderance of the evidence that a person has committed a violation described in subdivision (1) or (2), the department shaD proceedin accordance with subsection (i) (if the violation resulted in a criminal conviction) or subsection (j) (if the violationresulted ina judgment
for an infraction).

(b) The department shall revoke a certificate issued under section
1,3, or4ofthis chapter if,fora period ofthree (3)years, thecertificate
holder fails to:

(l)file thereturns required byIC6-2.5-6-1; or (2)report the collection ofanystate gross retail or usetax onthe
returns filed under IC 6-2.5-6-1.

However, thedepartment mustgivethe certificate holderat least five (5) days noticebeforeit revokes the certificate.

(c) The departmentmay,, for good cause, revoke acertificate issued
undersection 1 ofthis chapter after at leastfive (5) days notice to the
certificate holder if:

(1) the certificate holder is subject to an innkeeper's taxunder
IC 6-9; and

(2) aboard, bureau, orcommission established under IC 6-9 files
a written statemeiit wife the department.

(d)Thestatement filedunder subsection (c)must state that: (!) information obtained bythe board, bureau, or commission
under IC 6-8.1-7-1 indicates that the certificate holder has not complied with IC 6-9; and

(2) the board, bureau, or commissioii has determined that significant harm will result to the county from thecertificate
holder'sfailure to comply with IC 6-9-

(e) The department shall revoke or suspend a certificate issued
under section 1 ofthischapter after at least five (5)days notice to fee
certificate holder if:

SEA 536 — Concur+

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(1)the certificate holderowes taxes,penalties, fines, interest, or
costs due under IC 6-1.1 that remain unpaid at least sixty (60) days afterthe due date under IC 6-1.1;and . (2) the ucasurer ofthe county to whichthe taxes are due requests the department to revoke or suspendthe certificate.

(f) The department shall reinstate a certificate suspended under subsection (e)ifthe taxes and anypenalties dueunderIC 6-1.1 are paid or the county treasurer requests the department to reinstate die certificate because an agreement for the payment of taxes and any

penalties due under IC6-1.1 hasbeenreached todiesatisfacti onofthe
county treasurer.

(g) Thedepartment shall revoke a certificate issued under section I of this chapter after at least five (5) days notice to the certificate holder if thedepartment findsin a public hearingby a preponderance
of the evidence that the certificate holder has violated IC 35-45-5-3, IC 35-45-5-3.5, oar IC 35-45-5-4.

(h) If a person makes a payment for the certificate undersection 1 or3 ofthis chapter- with a check, credit card, debit card,or electronic funds transfer, and the department is unable to obtain paymentof fee check, credit card, debit card, or electronic fundstransferfor its full
faceamountwhentfaecheck. credit card, debit card ofelectronic funds

transferispresentedforpayment through normal bankingchannels,the

department shall notify theperson bymail that feecheck, creditcard,
debit card, or electronic funds transfer was not honored and feat the

person has five (5) days after the notice ismailed topay feefee incash, bycertified cheek, or other guaranteed payment. If theperson fails to make the payment within thefive (5) dayperiod, thedepartment shall
revoke the certificate.

(i)Iffee department finds inapublic hearing bya preponderance of the evidence that a person has been convicted of violating
1635-48-44-0 a conviction for a violation of IC 35-48-4-10.5 andthe convictioninvolved fee sale ofor the offertosell, inthenormal course

ofbusiness, a synthetic drug or a synthetic drug lookalike substance

by aretail merchantinaplace ofbusinessforwhich theretail merchant
hasbeen issued a registered retail merchant certificate undersection 1
ofthis chapter,the department:

(1) shall suspend the registered retail merchant certificate for fee
place ofbusiness forone(1)year, and (2) may notissue anotherretail merchantcertificate undersection
1 ofthis chapter for one (1) year to any person: (A) that: (i) applied for, or
SEA 536 — Concurs

Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 4 of 50 PagelD #: 21

(ii) made a retail transaction under; fee retail merchant certificate suspended under subdivision (l);or
(B)feat:

(i) owned or co-owned,directly or indirectly;or (ii) was an officer, a director, a manager, or a partner of;
the retail merchant that was issued fee retail merchant

certificate suspended under subdivision(1). (j) If the department finds in a public hearing by a preponderance of the evidence that a person has a judgment for a
violation of IC 35-48-4-10.5 as an infraction and the violation

involved the sale of or the offer to sell, in the nonnal course of business, a synthetic drug or a synthetic drug lookalike substance

by a retail merchant in a place of business for which die retail merchant has been issued a registered retail merchant certificate under section 1 ofthis chapter, the department:
(1) may suspend the registered retail merchant certificate for

the place of business for six (6) months; and (2) may withhold issuance of another retail merchant certificate under section 1 ofthis chapter for six (6) months to
any person:

(A) that: (i) applied for; or (ii) made a retail transaction under; the retail merchant certificate suspended under subdivision (1); or (B) that: (i) owned or co-owned, directly or indirectly; or (ii) was an officer, a director, a manager, or a partner of;
the retail merchant that was issued the retail merchant

certificate suspended under subdivision (1).
SECTION 3. JC 9-13-2-86. AS AMENDED BY PJLJ..51-2006,

SECTION 4,IS AMENDED TO READ AS ALLOWS [Er^CTrVE
UPONPASSAGE]: Sec. 86. "Intoxieated" means underfee influence
of:

(1) alcohol;

(2)a controlled substance (as defined in IC 3548-1); (3)a drugother fean alcoholor a controlled substance; (4)a substance describedin IC 35-46-6-2 or IC 35-46-6-3;er (5) a combination of substances described in subdivisions (1)
through (4); or

(6) any other substance, not including food and food
SEA 536 — Concur*

Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 5 of 50 PagelD #: 22

ingredients (as defined in IC 6-2.5-1-20), tobacco (as defined in IC 6-2.5-1-28), or a dietary supplement (as defined in
IC 6-25-1-16);

so thatthereis an impaired conditionofthought andactionand the loss ofnormal control of a person's faculties. SECTION 4. IC 16-31-3-14, AS AMENDED BY P.L.77-20I2, SECTION 34,ISAMENDEDTOREADAS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) A person holding a certificate or license issued under this article must comply with the applicable
standards and rules established under this article. A certificate holder

or license holder is subject to disciplinary sanctions under subsection (b) if the department of homeland security determines that fee
certificate holder or license holder:

(1) engaged in or knowingly cooperated in fraud or material deception in order to obtain a certificate or license, including

cheating on a certification orlicensure examination;
(2) engaged in fraud or material deception in fee course of professional services or activities; (3)advertised services or goods in a false or misleading manner; (4) falsified or knowingly allowed another person to falsify attendance records or certificates of completion of continuing education courses required under this article or rules, adopted under this article;
(5) is convicted of a crime, if the act feat resulted in the conviction has a direct bearing on detainimng if fee certificate

I " *».

holdeTorlicenseholdershouldbeentrustedtoprovideemergency

_„.

medical services;
(6) is convicted of violating IC 9-19-14.5; (7) failsto comply and maintain compliancewife or violates any applicable provision, standard,orofeer requirementoffeisarticle or rulesadopted underthis article; (8) continuesto practice ifthe certificate holder or license holder becomes unfit to practice due to: (A)professional incompetence feat includes the undertaking ofprofessional activities feat the certificate holder or license holderis not qualified by trainingor experienceto undertake; (B) failure to keep abreast of current professional theory or practiee; (C) physical or mental disability; or (D)addiction to, abuse of, or dependency on alcohol or other
drugs that endanger the public by impairing the certificate holder's or license holder's ability to practice safely;
SEA 536 — COQCHT+

ilfiil

m

Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 6 of 50 PagelD #: 23

(9) engages in a course oflewd or immoral conduct in connection wife the delivery ofservices to the public; (10) allows fee certificate holder's or license holder's name or a
certificate or license issued under this article to be used in

connectionwith a person whorendersservicesbeyondfee scope of feat person's training,experience,or competence; (11) is subjected to disciplinary action in another state or

jurisdiction on grounds similarto those contained inthischapter.
For purposes of this subdivision, a certified copy of a record of disciplinary action constitutes prima facie evidence of a disciplinary action in another jurisdiction; (12) assists another person in committing an act feat would constitute a ground for disciplinary sanction under this chapter,
or

(13) allows a certificate or license issued by the commission to
be: .

(A) used by another person; or (B) displayed to fee public when fee certificate or license is expired, inactive, invalid, revoked, or suspended. (b) The department ofhomeland securitymay issue an order under IC 4-21.5-3-6 to impose one (1) or more offee following sanctions if

the department of homeland security detennines that a certificate holder or license holder is subject to disciplinary sanctions under
subsection (a):

(1) Revocation of a certificate holder's certificate or license
holdefs license for a period not to exceed seven (7) years. (2) Suspension of a certificate holder's certificate or license holder'slicense for a period riot to exceed seven (7) years. (3) Censure ofa certificate holder or license holder. (4) Issuance of a letter of reprimand.

(5)Assessment of a civil penaltyagainst the certificate holder or licenseholder in accordance wife fee following: (A) The civil penalty may not exceed five hundred dollars
($500) per day per violation. (B) If fee certificate holder or license holder fails to pay fee civil penalty within the time specified by the department of homeland security, fee department ofhomeland security may suspend the certificate holder's certificate or license holder's license without additional proceedings. (6) Placement of a certificate holder or license holder on

probation status and requirement of the certificate holder or
Ucense holder to:

SEA 536 — Concur+

Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 7 of 50 PagelD #: 24

(A) report regularly to the department of homeland security
upon the matters that are the basis ofprobation;

(B)limit practice to thoseareas prescribed by fee department
ofhomeland security;

(Q continue or renew professionaleducationapproved by fee departmentofhomeland securityuntila satisfactory degree of
skill has been attained in those areas drat are fee basis offee

probation; or (D) perform or refrain from perforating any acts, including community restitution or service wifeout compensation, that fee department of homeland securityconsidersappropriate to the public interest or to fee rehabilitation or treatment of the
certificate holder or license holder.

The department ofhomeland security may withdraw or modify this probation if the department ofhomeland security finds after a hearingthat the deficiency feat required disciplinary action is remedied or that changed circumstances wan-ant a modification
of the order,

. •"•••••••

(c) If an applicant or a certificate holder or license holder has engagedin or knowingly cooperated in fraud or materialdeception to obtain acertifieate or license, mdudingcheatmgon feecertification or licensure examination, the department of homeland security may
rescind fee certificate or license if it has been granted, void fee examination or other fraudulent or deceptive material, and prohibit the

,

apph'cant lorn reapplying forthe certificate or license for a length of

time established bythe department ofhomeland security, (d)Thedepartaientofhomelandsecun^maydenyrertificaric»ior
licensureto an applicantwho wouldbe subjectto disciplinarysanctions under subsection(b) if feat person were a certificateholder or license holder, has had disciplinary actiontaken against the applicant or the applicant's certificate or license to practice in. another state or

M$M Iff 1

jurisdiction,orhas practiced wifeoutacertificateorlicense inviolation
of the law. A certified copy of fee record of disciplinarv action is
conclusive evidence offee other jurisdiction's disciplinary action. (e) The department of homeland securitymay order a certificate holder or license holder to submit to a reasonable physical or mental examination if the certificate holders or license holder's physical or mental capacity to practice safely and competently is at issue in a disciplinary proceeding. Failure to comply wife a department of homeland security orderto submit to aphysical or mental exainination
makes a certificate holder or license holder liable to temporary

\ , i_

suspensionunder subsection (i).
SEA 536 —Concur*

Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 8 of 50 PagelD #: 25

8

(f) Except as provided under subsection (a), subsection (g). and section 14.5ofthis chapter, a certificate or license may not be denied, revoked, or suspended because fee applicant, certificate holder, or
license holder has been convicted of an offense. The acts from which

the applicant's, certificate holders, or license holder's conviction resulted may be considered as to whether the applicant or certificate holder or hcense holder should be entrusted to serve the public in a specific capacity. (g) The department of homeland security may deny, suspend, or
revoke a certificate or license issued under this article iftlie individual

who holds or is applying for the certificate or licenseis convicted of
any of the following:

•(1) Possession ofcocaineor a narcotic drug underIC 35-48-4-6. (2)Possession of mefeamphetamine under IC35-48-4-6.1. (3)Possession of a controlledsubstanceunder IC 35-48-4-7(a). (4) Fraudulently obtaining a controlled substance under lC3548-4-7(b). (5) Manufacture of paraphernalia as a Class D felony under
IC 3548-4-8.1 (b).

I

(6) Dealing in paraphernalia as a Class D felony under

IC35484-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(0).

g| |

(8) Possession of marijuana, hash oil, hashish, or salvia or a synthetic drugas a ClassD felony under IC 3548-4-11. (9)Possessionof a synthetic drug or synthetic drug lookalike

substance as aClass Dfelony under IC 35-48-4-11,5 (or under
IC 35-48-4-11 before its amendment in 2013).

I

{9)(10) Maintaining a common nuisance underIC 35-48-4-13. fi€) (11) An offense relating to registration, labeling, and prescription forms under IC 35484-14.

(H) (12) Conspiracy under IC 35-41-5-2 to commit an offense
listedin subdivisions <4)through(4% this section. in subdivisionsft) through (*8)r this section,

lf| Jf

rH)(13)AttemptunderIC35-41-5-l tocommit an offense listed .

fB) (14) An offense in any other jurisdiction in which fee
elements ofthe offense for which the conviction was entered are

substantially similar to the elements of an offense describedby
subdivisions {$}through f+i)r in this section.

(h) A decision of fee department of homeland security under
subsections (b)through (g) maybe appealed to feecommission under
IC 4-21.5-3-7.

SEA 536 — Concur+

Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 9 of 50 PagelD #: 26

(i) The department ofhomeland security may temporarilysuspend
a certificate holder's certificate or license holder's license under

IC4-21.54 beforea final adjudication or duringfee appealsprocessif fee department of homeland security finds that a certificate holder or license holder would represent a clear and immediate danger to the public's health, safety, or propertyif the certificate holder or license
holder were allowed to continue to practice.

(j) On receipt of a complaint or information allegingfeat a person
certified or licensed under this chapter or IC 16-31-3.5 has engaged in

or is engaging in a practice that is subject to disciplinary sanctions underthis chapter, the department of homeland security must initiate
an investigationagainst fee person.

(k)The departmentofhomeland security shallconductafactfinding investigation as the departmentofhomeland security considers proper
.in relation to the complaint. ffl

(1) Thedepartmentofhomeland security mayreinstate a certificate or license feathas beensuspended underthissection iffeedepartment of homeland securityis satisfied that the applicantis able to practice wife reasonable skill, competency, and safety to fee public As a
conditionofreinstatement, the department ofhomeland security may

m

impose disciplinary or corrective measures authorized under this
chapter. - .••'.-. .

Jj

(m) The department of homeland security may not reinstate a
certificate or license that has been revoked under this chapter.

' (n)The department of homeland security must beconsistent in the

application of sanctions autiiorized in this chapter. Significant
departures from prior decisions involving similar conduct must be explained inthe department ofhomeland security's findings ororders. (o) A certificate holdermay not surrender tire certificate holder's
certificate,anda hcense holder may not surrenderthe licenseholder's

^

license, without the written approval of fee department of homeland

security, and the department ofhomeland security may impose any
conditions appropriate to fee surrender or reinstatement of a
surrendered certificate or license.

^

(p)For purposes ofthissection, "certificate holder" means a person
who holds:

(1) an unhmited certificate; (2) a limited or probationary certificate; or (3)an inactive certificate.

(q) Forpurposes of this section, "hcense holder" means a person
who holds:

(1) an unlimited license;
SEA 536 — Concur*

Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 10 of 50 PagelD #: 27

10

(2)a limitedor probationary license; or
(3) an inactive license.

SECTION 5. IC 16-31-3-14.5, AS AMENDED BY P.L.77-2012, SBCIION35,ISAMENDED TO READ ASFOLLOWS[EFFECTIVE UPON PASSAGE]: Sec. 14.5. The department of homelandsecurity may issuean order under IC 4-21.5-3-6 to deny an applicant's request for certification or licensure or permanently revoke a certificate or licenseunderprocedures providedby section 14 of this chapter if fee
individual who holds the certificate or license issued under this title is

convicted ofany of the following: (i) Dealingin or manufacturingcocaineor a narcoticdrug under
IC 35484-1,

(2) Dealingin methamphetamtne under IC 35484-1.1. (3) Dealing in a schedule I, II, or III controlled substance under
IC 35484-2.

(4) Dealing in a schedule TV controlled substance under
IC 35484-3.

(5) Dealing in a schedule V controlled substance under
IC 354844.

(6) Dealing in a substance represented to be a controlled substance under IC 354844.5. (7) Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise, ordistributea substance represented to be a controlled substance
under IC 354844.6.

(v

M

;,...?:

(8) Dealing in a counterfeit substance under IC 35484-5. (9) Dealing in marijuana, hash oiL hashish, or salvia «r a-

syufeetic drug under IC 35484-I0(b). (10) Dealing in a synthetic drug or synthetic drug lookalike substance under IC 35484-103 (or under IC 3548-4-10(b)
before its amendment in 2013).

(l€) (11) Conspiracy under IC 3541-5-2 to commit an offense listedin subdivisionsft) through (9) this section. (rr) (12) AttemptunderIC3541 -5-1 to commitan offenselisted
in subdivisions fr) through (9) this section.

1

(13} (13) A crime of violence (as defined in IC 35-50-l-2(a)). fH) (14) An offense in any other jurisdiction in which fee
elements of the offense for which the conviction was entered are

substantially similar to the elements ofan offensedescribed under MikliiiMons (?) through fH¥> this section.
SECTION 6. IC 20-28-5-8, AS AMENDED BY PJL78-2012, SECTION5, ISAMENDED TO READ AS FOLLOWS [EFFECTIVE
SEA 536 — Concur+

Case l:13-cv-00862-RLY-DMJ- Document 1-2 Filed 05/28/13 Page 11 of 50 PagelD #: 28

II

UPON PASSAGE]: Sec. 8.(a)This section applies whena prosecuting
attorney knows that a licensed employee of a public school or a
nonpublic school has been convicted of an offense listed in subsection

(c). Theprosecuting attorney shallimmediately givewritten notice of the convictionto fee following: (1) The state superintendent. (2) Exceptas providedin subdivision (3), fee supeiintendent of feeschool corporation that employs thelicensed employee or fee equivalent authority if a nonpublic school employs the licensed
employee.

(3) The presiding officer of the governing body of the school corporation that employsthe licensed employee, if the convicted licensed employee isfee superintendent offeeschool corporation. (b) Thesuperintendentof a schoolcorporation, presidingofficer of
the govemingbody,orequivalcntauthoriryfora nonpublic schoolshall immediatelynotifythe state superintendent whenthe individual knows feat a current or farmer licensed employee of fee public school or nonpublicschoolhas been convicted of an offenselistedin subsection (c), orwhenthegovemingbodyorequivalentaufeority foranonpublic schooltakesanyfinal action in relationto anemployee whoengaged in any offense listed in subsection (c). (c) The department, after holding a hearing on fee matter, shall permanently revoke fee license of a person who is known by the department to have been convicted of any of the followingfeionics: (1)Kidnapping (IC 3542-3-2). (2) Criminal,confinement (IC 3542-3-3). (3) Rape (IC 35424-1). (4) Criminaldeviate conduct (IC35424-2). (5) Child molesung(IC 35424-3). (6) Child exploitation (IC 354244(b)). (7) Vicarious sexual gratification (IC 35424-5). (8)Child soUcitation(IC 35424-6). (9)Child seduction (IC 35424-7). (10) Sexual misconduct with a minor (IC 35424-9).
(11) Incest (IC 3546-1-3). (12) Dealing in or manufacturing cocaine or a narcotic drug (IC 35484-1). (13) Dealingin metliamphetamine (IC 35484-1.1). (14) Dealing in a schedule L IL or HI controlled substance (IC 35484-2). (15) • Dealing in a schedule IV controlled substance (IC 3548-4-3).
SEA 536 — Concur*

•m

1% ,W

Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 12 of 50 PagelD #: 29

12

(16)DealinginascheduleV controlled substance (IC 354844). (17) Dealing in a counterfeit substance (IC 35484-5). (18) Dealing in marijuana, hash oil, hashish, or salvia or a syiuhaLfeug (IC 35484-10(b)). (19) Dealing in a synthetic drug or synthetic drug lookalike
substance (IC 3548440.5, or IC 35484-10(b) before its amendment in 2013).

(F9)(20) Possession of child pornography (IC 354244(c)). (29) (21) Homicide (IC 3542-1). (24) (22) Voluntary manslaughter (IC 3542-1 -3). (22) (23) Reckless homicide (IC 3542-1 -5). (33) (24) Battery as any offee following: (A)A Class A felony (IC 3542-2-1 (a)(5)). (B)A Class B felony (IC 3542-2-1 (a)(4)). (C) A Class C felony (IC 3542-2-1 (a)(3)). (24) (25) Aggravated battery (IC 3542-2-1.5). (25) (26) Robbery (IC 3542-5-1). (26) (27) Carjacking (IC 3542-5-2). (2?) (28) Arson as a Class A felony or a Class B felony (IC3543-l-l(a)). (28) (29) Burglary as a Class A felony or a Class B felony (IC 3543-2-1). (29)(30)Attemptunder IC 3541-5-1 to commitan offense listed in subdivisionsft) through (28) this subsection. (30) (31) Conspiracy under IC 3541-5-2 to commit an offense listed in subdivisions (F) through (28) this subsection. (d) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by fee department to havebeen convictedofa federaloffenseor an offense in anotherstatefeat is comparable to a felony fisted in subsection (c). (e) A hcense may be suspended by the state superintendent as

H

t'

m m

specified in IC 20-28-7,5,
(f) The department shall develop a data base of information on
school corporation employees who have been reported to the department under this section.
SECTION 7. IC 22-15-5-16, .AS AMENDED BY P.L.78-2012,

%. ^

SECTION 6, ISAMENDEDTO READ AS FOLLOWS[EFFECTIVE UPON PASSAGE]: Sec. 16. (a) A practitioner shall comply wife the standards established under this licensing program. A practitioner is subjectto the exerciseofthe disciplinarysanctionsunder subsection (b) if fee department finds that apractitioner has: (I) engaged in or knowingly cooperated in fraud or material
SEA 536 — Concur*

Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 13 of 50 PagelD #: 30

j

deception in order to obtain a license to practice, including cheating on a licensing examination; (2) engaged in fraud or material deception in the course of
professional services or activities;

(3)advertised services or goods in a false ormisleading manner; (4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing education coursesprovided under this chapter;
(5) been convicted of a crime feat has a direct bearing on fee practitioner's ability to continue to practice competently; (6) knowingly violated a state statute or rule or federal statute or regulationregulating fee profession for which fee practitioner is
licensed;

(7) continued to practice although the practitionerhas become
unfit to practice due to: #?

(A) professional incompetence;
(B) failure to keep abreast of current professional theory or practice; (C) physical or mental disability, or (D) addiction to, abuse of, or severe dependencyon alcoholor

tii *»

r

...

other drugs that endanger fee public by impairing a
. . .practitioner's abilityto practicesafely, (8)engaged in a courseoflewdor immoral conductin connection . withfee delivery of services to fee public; (9)allowedthe practitioner'sname or a licenseissued under this chapter to be used in connection wife an individual or business who renders services beyond the scope of that individual's or
business's teaming, experience, or competence; ,

tr#%s

r#"t|.

(10) had disciplinary action taken againstthe practitioner or the practitioners licensetopracticein another stateor jurisdictionon grounds similar to those under this chapter: (11) assisted another person in committing an act feat would constitute a ground fordisciplinary sanction under this chapter;
or

(12) allowed a hcense issuedby fee department to be: (A) used by another person; or (B) displayed to the public when fee license has expired, is inactive, is invalid, or has been revoked or suspended. For purposes of subdivision (10), a certified copy of a record of disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.

(b) The department may impose one (1) or more offee following
SEA 536 — Concur*

Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 14 of 50 PagelD #: 31

14

sanctions if the department finds feat a practitioner is subject to disciplinary sanctions under subsection (a): (1) Permanentrevocation of a practitioner's hcense. (2) Suspension ofa practitioner's license. (3) Censure of a practitioner.

(4)Issuance of a letter of reprimand. (5) Assess a civil penalty against the practitioner in accordance withthe following: (A) The civil penalty may not be more than one thousand dollars ($1,000) for each violation listed in subsection (a), except for a finding of incompetency due to a physical or
mental disability. (B) When imposing a civil penalty, the department shall

considerapractitioner'sabilityto pay the amount assessed.If fee practitioner fails to pay the civil penalty within the time

specified by fee department, fee departmentmay suspend fee
practitioner's license withoutadditionalpnxeedings. However, a suspension may not be imposed if fee sole basis for fee suspension is fee practitioner's inabilityto paya civil penalty. (6) Place a practitioner on probation status and require the
practitioner to:

\ . i

i

(A) report-regularly to fee department uponthe matters feat
are fee basis ofprobation;

(B)limit practice to thoseareas prescribedby the department; (C)continue orrenewprofessional education approved byfee departaientuntilasatisfactc^'degreeofskillhas beenattained
in those areas that are fee basis offee probation; or

(D) perform or refrain from performing any acts, including community' restitution or service wifeout compensation, that fee departmentconsidersappropriateto fee public interest or to fee rehabilitation or treatment offee practitioner.

The department may withdraw or modify this probation if fee department finds aftera hearing thatthedeficiency thatreqta'red disciplinary action has been remedied or that changed
circumstances •warrant a modification of the order,

\'.

(c) If an applicant or a practitioner has engaged in or knowingly cooperated in fraud or material deception to obtain a Hcense to practice, including cheating on fee licensing examination, the department may rescind the license if it has been granted, void the
examination orother fraudulentor deceptivematerial, and prohibitfee

apphcant from reapplying for fee Hcense for a length of time
established by the department.
SEA 536—Concur*

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Case l:13-cv-00862-RLY-DML Document 1-2 Filed 05/28/13 Page 15 of 50 PagelD #: 32

15

(d) The departmentmay deny licensure to an applicant who has had disciplinary actiontaken against the applicant or fee applicant's license

to practicein anotherstate or jurisdiction or whohas practiced without a license in violation of die law. A certified copy of the record of disciplinary action is conclusive evidenceof the other jurisdiction's disciplinaryaction. (e) The department may order a practitioner to submit to a

reasonable physical ormental exambationiffeepractitioner's physical or mental capacity to practice safelyand competently is at issue in a disciplinary proceeding. Failure to comply wifea department order to submit toa physical or mental examination makes apractitioner liable
to temporarysuspension under subsection (j). (f) Exceptas provided under subsection (g) or (h), a license may not be denied, revoked, or suspendedbecausethe applicantor holder has been convicted of an offense. The acts from which fee applicant's or holder's conviction resultedmay, however, beconsideredas to whether

fee applicant or holder should be entrusted to serve the public in a
specific capacity. (g)The department maydeny, suspend,or revokea Hcense issued

under thischapter if the individual whoholds fee license is convicted
ofany offee following:

(1)Possession ofcocaineora narcotic drugunderIC 35484-6. (2)Possession ofmefeamphetamine underIC 35484-6.1, (3)Possession of a controlledsubstanceunder IC 35484-7(a). (4) Fraudulently obtaining a controlled substance under
IC 35484-70).

(5) Manufacture of paraphernalia as a Class D felony under
IC 35484-8.1 (b).

(6) Dealing in paraphernalia as a Class D felony under
IC35484-8.5(b).

(7) Possession of paraphernalia as a Class D felony under
IC35484=83(bX

(8) Possession of marijuana, hash oil, hashish, or salvia or asynthetic drug asa Class Dfelony under IC35484-11. (9)Possession of a synthetic drug or syntheticdrug lookalike
substanceas a Class Dfelonyunder IC35484-11.5 (or under
IC 35484-11 before its amendment in 2013).

(9)(10)Maintaimng a common nuisance under IC 35484-13. (+6) (11) An offense relating to registration, labeling, and prescription fonns underIC35484-14. (FF) (12) Conspiracy under JC 3541-5-2 to commit an offense
listed in subdivisions (+)ferongfr (+6)7this subsection.
SEA 536 —Concur*

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16

(+2) (13) Attempt under IC 3541 -5-1 to commit an offense listed hi subdivisions (F) through (F9)r this subsection. fFr) (14) An offense in any other jurisdiction in which fee
elements ofthe offense for which the conviction was entered are

substantially similar to the elements of an offense described in subdivisions(F) through (12). this subsection. (h) The department shall deny,revoke, or suspenda license issued under this chapter if the individual who holds the license is convicted ofany offee following: (l)Dealing in cocaine or a narcotic drug under IC 35484-1. (2) Dealing inmethamphetamine under IC 35484-1.1. (3) DeaHng in a schedule I, H, or III controlled substance under
IC 35484-2.

(4) Dealing in a schedule TV controlled substance under
IC 35484-3.

(5) Dealing in a schedule V controHed substance under
IC 354844.

m

(6) Dealing in a substance represented to be a controlled
substance under IC 354844.5..

(7) Knowingly or intentionally manufacturing, advertising, distributing, or possessing wife intent to manufacture, advertise, or distribute a substance represented to be a controlled substance under IC 354844.6.

i

(8) Dealing in a counterfeit substance under IC 35-484-5. (9) DeaHng in marijuana, hash oil, hashish, or salvia or a

syiifeclii drug under IC35484-10(b). (10) Dealing in a synthetic drug or synthetic drug lookalike
substance under IC 3548-4-10.5 (or under IC 35484-10(b) before its amendment in 2013).

m^mif d

(F9) (II) Conspiracy under IC 3541-5-2 to commit an offense listed in subdivisions (F) through(9): this subsection.

fFF) (12) Attempt underIC 3541-5-1 tocommit anoffense Hsted
in subdivisions (F) through (9) this subsection.

lii M

(F2) (13) An offense in any other jurisdiction in which the
elements of the offense for which fee conviction was entered are

substantially similar to the elements of an offense described in subdivisions (F) through.(FF) this subsection. (F3) (14) A violation of any federal or state drug law or rule related to wholesale legend drug distributors licensed under
IC 25-26-14.

(i) A decision offee department under subsections (b) through (h) may be appealedto fee commission under IC4-21.5-3-7.
SEA 536 — Concur*

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17

(j)Thedepartment maytemporarilysuspenda practitioner'slicense underIC 4-21.54 before a final adjudication or during fee appeals process iffee departmentfindsthatapractitionerrepresentsa clear and immediate danger to the publics health, safety, or property if fee practitioner is allowed to continue to practice. (k) On receipt of a complaint or an information alleging that a person licensedunder this chapter has engaged in or is engaging in a practice feat jeopardizes the pubHc health, safety, or welfare, fee department shallinitiate an investigationagainst the person. (1) Any complaint filed wife fee office of fee attorney general
alleging a violation of this licensing program shah be referred to fee departmentforsummary review and for its general information and any authorizedaction at the time of the filing. • (m)Thedepartmentshall conducta fact findinginvestigation as the

department considers properin relation to the complaint

* .

•-

(n)The department mayreinstate aHcense thathas been suspended
underthissectionif, after a hearing, fee departmentis satisfied that fee apphcant is able to practice wife reasonable skiti, safety, and competency to fee pubHc. As a condition of reinstatement fee departmentmayimpose disciplinary orcorrective measures authorized

mk

under this chapter.
(a) The department may not reinstate a Hcense feat lias been revoked under this chapter. An individual whose Hcense has been revoked under this chapter may not apply for a new license until seven

±^jS

(7) years after the date of revocation. (p) The department shall seek to achieve consistency in fee appHcation of sanctions authorized in this chapter. Significant departures from prior decisions involving similar conduct must be explainedin the department's findings or orders. (q) A practitioner may petition fee department to accept fee surrenderoffeepractitioner's licenseinstead of havinga hearingbefbre fee commission. The practitioner maynot surrender the practitioner's license without fee written approval of the department and fee department mayimpose any conditions appropriate to the surrender or
reinstatement of a surrendered Hcense.

W;-_,.
>:

^ -

(r) A practitioner whohas been subjectedto disciplinarysanctions maybe required bythe commissionto pay fee costs offee proceeding. The practitioner's ability to pay shall be considered when costs are assessed. Iffeepractitionerfails to payfee costs, a suspensionmay not be imposedsolely upon the practitioner's inabiHty to pay the amount
assessed. The costs are limited to costs for fee fohowing:

(1)Courtreporters.
SEA 536 —Concur*

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18

(2) Transcripts. (3) Certification ofdocuments. (4) Photoduplication. (5) Witness attendance and mileage fees. (6) Postage. (7) Expert witnesses. (8) Depositions. (9) Notarizations.
SECTION 8. IC 24-5-0.54, AS AMENDED BY P.L226-2011,

SECTION 15,IS AMENDED TO READ ASFOLLOWS[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) A person relying upon an uncured or incurable deceptive act may bring an action for fee damages actually

sufferedas a consumeras a result of the deceptive act or five hundred doHars ($500),whichever is greater. The court may increase damages
for a willfuldeceptive act in an amountfeat does not exceed fee greater
of:

(1) three (3) times fee actual damagesoffee consumer suffering
the loss; or

(2) one thousand dollars ($1,000). Except as provided in subsection (j), fee courtmay awardreasonable attorney fees to the party that prevails in an action under this
subsection. This subsection does not apply to a consumer transaction in real property, including a claim or action involvinga construction defect (as defined in IC 32-27-3-1(5)) brought against a obstruction professional(as defined in IC 32-27-3-1(4)), except for purchases of time shares and camping club memberships.This subsection does not apply wife respectto a deceptive act described in section 3(aX20) of

m

this chapter. This subsection also does not apply to a violation of
IC 244.7, IC 24-5-12, or IC 24-5-14. Actual damages awarded to a

personunder this sectionhavepriority overanycivilpenalty imposed
under feis chapter. (b) Anyperson who is entitledto bringan actionunder subsection.

(a) on fee person's own behalf against a suppfier for damages for a deceptiveactmay bring a class actionagainstsuchsupplieron behalf ofanyclassofpersons of whichthatpersonisamemberand whichhas been damaged by such deceptiveact,subjectto and underthe Indiana Rules of Trial Procedure governing class actions, except as herein expressly provided. Exceptasprovided in subsection ©. fee courtmay award reasonable attorney fees to the party feat prevails in a class actionunderthis subsection,providedfeat suchfeeshaH bedetermined by the amountoftime reasonablyexpendedby fee attorneyand not by
fee amountoffee judgment, although fee contingencyoffee fee may
SEA 536 — Concur*

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19

be considered. Except in fee case ofanextensionoftime granted by the attorneygeneralunder IC24-10-2-2(b)in anaction subject to IC 24-10, any money or other property recovered in a class action under this subsectionwhich cannot, with duediligencc. be restored to consumers

within one(1)yearafter thejudgment becomes finalshall bereturned to fee party depositing the same. This subsectiondoes not apply to a consumer transaction in red property, except for purchases of time sharesandcamping clubmemberships. Thissubsectiondoesnot apply with respect to a deceptive act described in section 3(a)(20) of this chapter. Actualdamagesawarded to aclass have priority over any civil penaltyimposedunder this chapter. (c) The attorney general may bring an action to enjoin a deceptive act, including a deceptive act described in section 3(a)(20) of this chapter,notwithstanding subsections (a)and(b).However, feeattorney general may seek to enjoin patterns of incurable deceptive acts wife
respecrto consumer transactions inreal property. In addition, thecourt
may:

M
I si.

(1) issue an injunction; (2) oider the suppfier to make payment offee money unmwfuHy received from the aggrieved consumers to be held in escrow for distribution to aggrieved consumers; (3) order the supplier to pay to the state fee reasonable costs of feeattomey general's investigation and prosecution related to fee
action; and

(4) provide for fee appointmentofa receiver, and
(5) order the department of state revenue to suspend the

supplier's registered retail merchant certificate, subject tothe requirements and prohibitions contained in IC 6-2.5-8-7(1),if the court finds that a violation of this chapter involved the sale or solicited sale of a synthetic drug (as defined in IC 35-31.5-2-321)or a synthetic drug lookalike substance (as
defined InlC 35-31.5-2-3215).

(d) In an action under subsection (a), (b), or (c), the court may void or limitfee application ofcontractsor clausesresulting from deceptive acts and order restitution to be paid to aggrieved consumers. (e) In any action under subsection (a) or (b), upon fee filing of the complaint or on the appearance of any defendant, claimant, or any ofeerparty,or at any latertime, fee trialcourt,fee supremecourt, or the court ofappeals may require fee plaintiff, defendant, claimant, or any

other partyor parties to give security, or additional security, in such sum as the court shall direct to-pay aH costs, expenses, and
disbursements feat shall be awarded against that party or Which feat
SEA. 536 —Concur*

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20

part}'-may be directed to pay by any interlocutory order by the final judgment or on appeaL (f) Any person who violates the fcnnsofan injunctionissued under subsection (c) shaU forfeit and pay to the state a civil penalty of not more than fifteen thousand dollars (SI5,000) per violation. For the purposes of feis section, fee court issuing an injunction shall retain jurisdiction, the cause shaU be continued, and the attorney general acting in the name of the state may petition for recovery of civil

penalties. Whenever the court determines feat an injunction issued under subsection (c) has been violated, fee court shall award
reasonable costs to the state.

(g) If a courtfinds any personhas knowingly violated section 3 or 10 of this chapter, other than section 3(a)(19) or 3(a)(20) of this chapter, fee attorney general, in an action pursuant to subsection (c), mayrecover fromfee person on behalfoffee statea civil penaltyofa

_
>

fine not exceeding five thousand doHars ($5=000) per violation.
(h)If a courtfinds feata personhasviolated section3(a)(l 9) ofthis chapter, fee attorney general in an actionunder subsection (c), may recoverfromfee person on behalfofthe statea civilpenalty as follows: (1) For a knowting or intentional violation, one thousand five

til, c

hundred dollars ($1,500).
. . (2) Fora violation other thana knowing or intentional violation,
five hundred dollars (S500).

M
- . • **

A civil penalty recovered underfeis subsection shall be deposited in the consumer protection division telephone solicitation fund established by IC 244.7-3-6 to be used for fee administration and
enforcement of section 3(a)(l9) offeis chapter.
!

(i) An elderly person relying upon an uncured or incurable deceptive act, including an act related to hypnotism, may bring an
actionto recovertreble damages,if appropriate, (j) Anofferto cure is:

(I)notadmissibleas evidence in aproceedingInitiated underthis
section unless the offer to cure is defivered by a supplier to the consumer or a representative oftheconsumer beforefee suppher files fee supplier's initial response toa complaint: and

1|

(2) only admissible as evidence in a proceeding initiated under
thissection to provethata supplier isnotliablefor attorney's fees
under subsection (k).

Iffee offer tocureis timelydefivered byfeesupplier, the supplier may submit fee offer to cure as evidence to prove in the proceeding in accordance wifefee IndianaRulesofTrial Procedurethat fee supplier
made an offer to cure.

SEA 536 —Concur*

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21

(k) A supplier may not be held liable for the attorne\''s fees and

court costs of fee consumer that are incurred following fee timely delivery of an offer to cure as described in subsection (j) unless the actualdamagesawarded, not includingattorneys fees and costs,exceed
fee value of the offer to cure.

(1) If a court finds that a person has knowingly violated section
3(a)(20) of diis chapter, fee attorney general, ill an action under subsection (c), may recover from the person on behalfof the state a civil penalty not exceeding one thousand dollars (SI,000) per consumer. In determining fee amount ofthe civilpenalty in any action by fee attorneygeneral underthis subsection, thecourt shall consider,
among other relevant factors, the frequency and persistence of noncomplianceby the debt collector, fee nature ofthe noncompliance, and theextentto which fee noncompliance was intentional. A person may not be held liable in any action by die attorney general for a

violation ofsection 3(a)(20) ofthis chapter iffee person shows by a
preponderanceofevidence feat fee violation was not intentional and resulted from a bona fide error, notwithstanding fee maintenance of procedures reasonably adapted to avoid fee error. A person may not be held liable in any action for a violation offeis chapter for contacting a

H.

person otherthan fee debtor, ifthe conlact is made in compliance with
the Fair Debt CoHection Practices Act

. 0^

SECTION 9. IC 25-1-1.1-2, AS AMENDED BY P.L.78-2012, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

UPON PASSAGE]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
commission, or a committee may suspend, deny, or revoke a license or ,,„,,.„

certificate issued under this title byfee board, fee commission, or the
committeewifeoutan investigationbythe office ofth e attorney general
ifthe individual who holds fee ikense or certificate is convicted ofany

if

ofthe foUowing and the board, commission, or committee ddeimines, after fee individualhas appeared in person, feat fee offense affects fee

individual's abifity to perform feeduties of fee profession: (1)Possession of cocaine or a narcotic drug underIC 35484-6.
(2)Possession of mefeamphetamine underIC 35484-6.1. (3) Possession of a controlledsubstance underIC 3548-4-7(a). (4) Fraudulently obtaining a conttolled substance under
IC 35484-7(b).

It ;

(5) Manufacture of paraphernalia as a Class D felony under
IC 35484-8.1 (b).

(6) Dealing in paraphernalia as a Class D felony under
, . ic 35484-8.5(b).

(7) Possession of paraphernalia as a Class D felony under
SEA 536 — Concur*

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22

IC35484-8.3(b). (8) Possession of marijuana, hash oil, hashish, or salvia or a synthetic drag as a Class D felony underIC 35484-11. (9)Possession of a synthetic drug or synthetic drug lookalike substance as a Class D felony under IC 35-484-11.5 (or under
IC 35484-11 before its amendment in 2013).

(9)(10) Maintaining a common nuisanceunder IC 35484-13. (F6) (11) An offense relating to registration, labeling, and prescription forms under IC 35484-14. (Ff) (12) Conspiracy under IC 3541-5-2 to commit an offense listedin subdivisions ft) through (F6)rthis section. (F2)(13)AttemptunderIC3541-5-l to commitan offenselisted
in subdivisions fF) through (+8): this section.

(F3)(14) A sex crime under IC 35424.

(FF) (15) A felony that reflects adversely on the individual's
fitness to hold a professional Hcense. (F5) (16) An offense in any other jurisdiction in which fee
elements ofthe offense for which fee conviction was entered are

*•

substantially similar to the elements of an offense described in
this section.

SECTION 10. IC 25-1-1.1-3, AS AMENDED BY P.L.78-2012,
SECTION 8, ISAMENDED TOREAD ASFOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. A board, a commission, or a committee shaU revoke orsuspend a Hcense or certificate issuedunder this title by
fee board, fee commission, or fee committee if the individual who holds the license or certificate is convicted of any ofthe following:

^%

BUSk

(l)Dedmginorrnanufactun^gcocam^
IC 3548-4-1.

SI m

(2)Dealing mmefeamphefamine under IC 35484-i.l. (3)Dealing in a scheduleI, n, or DT controlled substance under
IC 35484-2.

(4) DeaHng in a schedule IV controlled substance under
IC 35484-3.

...ff;.^

P

(5) Dealing in a schedule V controlled substance under
IC 354844.

(6) Dealing in a substance represented to be a controlled
substance under IC 354844.5.

(7) Knowingly or intentionally manufacturing, advertising;
distributing,, or possessing wife intentto manufacture, advertise* ordistribute a substancerepresented to bea controlledsubstance
under IC 354844.6. "

(8)Dealing ina counterfeit substance underIC 35484-5.
SEA 536—Concur*

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23

(9) Dealing in marijuana, hash oil, hashish, or salvia or a synthetic drag under IC 35484-10(b). (10) Dealing in a synthetic driig or synthetic drug lookalike
substance under IC 35484-10.5 (or under IC 35-484-10(b) before its amendment in 2013).

(F6) (11) Conspiracy under IC 3541-5-2 to commit an offense

listedin subdivisions (F) through(9) this section.
(FF)(12) Attempt under IC 3541-5-1 to commit an offense listed in subdivisions ft) through (9) this section.

i^) (13) An offense in any other jurisdiction in which the
elements ofthe offense for which the conviction was entered are

substantiallysimilarto fee elementsofanoffensedescribed under
subdivisions (F) through (**) in this section.

(F3) (14) A violation of any federal or state drug law or rule related to wholesale legend drag distributors licensed under

IC 25-26-14.
SECTION 11. IC 25-26-134.1, AS ADDED BY P.L.78-2012,

H. m

SECTION 9, IS AMENDEDTO READASFOLLOWS [EFFECTIVE UPON PASSAGE]:Sec. 4.1. (a) The board mayadopt an emergency rule to declare feat a substanceis a synfeetic drug.

(b) The board may, on its own initiative or raider a written
request from the state police department, the United States Drug Enforcement Adminis1ration, or a poison control center, adopt an emergencyruledeclaringa substance tobe asynfeetic drugif feeboard
finds that fee substance:

iftPfil

(1)has been scheduled or emergency scheduled bythe United
StatesDrug Enforcement Administration; or (2)hasbeenscheduled, emergency scheduled, orcriminalized by
another state; or (3) has:

@!?3§&

(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 raider medical supervision. (c) In making its determination under subsection (b)(3), the boardshallconsider thcfoUowingfactors relating to thesubstance: (1) The actual or relative potential for abuse.

^ .

(2) Scientific evidence of the substance's pharmacological
effect, if known.

(3) The state of current scientific knowledge regarding the
substance. ., ...

(4)The history and current pattern of abuse of the substance.
SEA 536 — Concur*

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24

(5) The scope, duration, and significance of abuse of the
substance.

(6) The degree of risk to the pub tic health. (7) The psychic or psychological dependence liability of the
substance.

(e) (d) A rule adopted under this section becomes effective thirty (30) days after it is filed with fee publisher under IC4-22-2-3 7.1. (d) (e) A rale adopted tinder this section expires on June 30 ofthe

year following the year in which it is filed wife die publisher under
IC 4-22-2-37.1.

(e) (f)The board may readopt under this sectionan emergency rule feat has expired.
SECTION 12. IC 32-30-8-2, AS AMENDED BY P.L.87-20O5, SECTION 38,IS AMENDED TOREAD AS FOLLOWS [EFFECTIVE

UPONPASSAGE]: Sec. 2. (a) Except as provided in subsection (d), as used in this chapter, "property"means a house, a building, a mobile home, or an apartment that is leased for residential or commercial
purposes.

(b) The tenn includes: (1)an entire building or complex of buildings;or (2)a.mobile home community; and all real property of any nature appurtenant to and used in connection wife the house, building, mobile home, or apartment, includingall individualrental units and common areas. (c) The term does not include a hotel, motel, or other guest house, part of which b rented to a transient guest. (d) For actions brought by the attorney general in relatio n to the sale or solicited sale of a synthetic drug (as defined in IC 35-31.5-2-321) or a synthetic drag lookalike substance (as defined in IC 35-31.5-2-321.5), "property" means a house, a building, a mobile home, or an apartment that is owned or leased for commercial or residential purposes. The term includes all real

propertyofanynature appurtenant to and usedin connectionwith
the house, building, mobile home, or apartment.
SECTION 13. IC 32-30-8-4 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. An action to abate a nuisance under feis chapter may be initiated by any of fee
following:

(1)The prosecuting attorneyof the circuitwhere the nuisance is
located.

(2) Thecorporation counsel or city attorneyofa city in which a
nuisance is located

SEA 536 —Concur*

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25

(3) An attorney representing a county in which a nuisance is
located.

(4)The property owner. (5) The attorney general.
SECTION 14. IC 32-30-8-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE UPON PASSAGE]: Sec. 10.5. In addition to the
remedies and penalties specified in sections 10,11,12, and 13 of this chapter, the court may do any of the following in an action brought under this chapter concerning the sale or solicited sale of

a synthetic drug (as defined in IC 35-31.5-2-321) or a synthetic drug lookalike substance (as definedin IC 35-31.5-2-321.5):
(1) Issue a restraining order against the person subject to
IC 32-30-7-9 and IC 32-30-7-13.

(2) Issue a prehnainary injunction, temporary forfeiture, or closure order pending final decision on a permanent injunction subject to IC 32-30-7-12. (3)Issue an order of abatement subject to IC 32-30-7-22. SECTION 15. IC 34-24-1-1, AS AMENDED BY P.L.125-2012, SECTION 411, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The foUowing may be
seized:' •-.,....

(1)Allvehicles (asdefined byIC35-31.5-2-346),iffeey are used
or are intended for use by the person or personsin possession of themto transport or in any mannerto facihtatefee U-ansportation of fee following:

(A) A controfied substance for fee purpose of committing, attempting to commit, or conspiring to commit any of the
foLlowing.

(i) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35484-1).

(ii)DeaHng inrnefeamphetamine (IC35484-1.1). (iii) Dealing in a schedule I, H, or III controlled substance
(IC 354-84-2). (iv) Dealing in a schedule IV controlled substance
(IC 35484-3).

% s.

(v) Dealing in a schedule V controlled substance (IC 354844). (vi)Dealing in a counterfeit substance (IC35484-5). (vii)Possession ofcocaine oranarcotic drug(IC 35484-6). (viii)Possession of rnefeamphetamine (IC35484-6.1). (ix)Dealinginparaphernalia (IC 35484-8.5).
SEA 536 — Concur*

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26

(x) Dealing in marijuana, hash oil, hashish, or salvia or a synthetic cannabinoid (IC 35484-10). (si) Dealing in a synthetic drug or synthetic drug
lookalike substance (IC 35484-10.5, or IC 35-484-10 before its amendment in 2013).

(B) Any stolen (IC 35434-2) or converted property (IC35434-3)iffeeretailor repurchase valueofthat property
is one hundred dollars ($100) or more.

(C)Anyhazardous waste in violation of IC 13-30-10-1.5. (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
mass destruction (as defined m^C 35-31.5-2-354) used to commit,used in an attemptto commit,or used in a conspiracy to commit an offense under IC 3547 as part of or in furtherance of an act of terrorism (as defined by IC 35-31.5-2-329).

(2) AU money, negotiable instalments, securities, weapons,
communications devices, or anypropertyusedto commit,used in

an attempt to commit, or used in a conspiracy to commit an
offense under IC 3547 as part of or in furtherance of an act of terrorismor commonly used as consideration for a violation of . IC 35484 (other than items subject to forfeiture under IC 1642-20-5 or IC 16-6-8.5-5.1 before its repeal):

~:

(A) furnished or intended to be furnished by any person in exchange for an actthat is in violation of a criminal statute; (B) used tofacilitate any violation ofa criminal statute; or (C) traceable asproceeds ofthe violation ofacriminal statute.

(3) Any portion of real or personal property purchased wife money feat is traceable as a proceed ofa violation ofa criminal
statute.

(4)A vehicle that is used bya person to:

(A) commit, attempt tocommit, orconspire to commit;

(B) facititate thecommission of or
(C) escape fromthe commission of; muider (IC 3542-1-1), kidnapping (IC 3542-3-2), cruninal confinement (IC3542-3-3), rape (IC35424-1), child molesting (IC35424-3), orchildexploitation (IC 354244), oran offense under IC3547 as part ofor infurtherance ofan actoften-oristn.

%|

(5) Real property owned byaperson who uses ittocommit any of
thefollowing as a ClassA felony, a Class Bfelony, or a Class C
felony:

(A) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35484-1).
SEA 536 —Concur*

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27

(B) Dealing in rnefeamphetamine (IC35484-1.1). (C) Dealing in a schedule I, II, or HI controlled substance
(IC35484-2). (D) Dealing in a schedule IV continued substance (IC35484-3). (E) Dealing in marijuana, hash oil, hashish, or salvia or a synthetic cannabinoid (IC 35484-10). (F)Dealingin a synthetic drug or syntheticdrug lookalike substance (IC 35484-10.5, or IC 35-484-10 before its amendment in 2013).

(6)Equipment andrecordings usedbya person to commitfraud
underIC 3543-54(10).

(7)Rec»rdmgs sold,rented, transported, orpossessed bya person
in violation ofIC 244-10.

(8)Property (asdefined byIC 35-31.5-2-253) oran enterprise (as

•;

defined byIC 3545-6-1) feat isfee object ofa corrupt business
influenceviolation (IC 3545-6-2).

111

(9) Unlawful telecommumcations devices (as defined in
IC 3545-13-6) and plans, instructions, or publications used to
commit an offense under IC 3545-13.

(10) Anyequipment, including computer equipment and cellular
telephones, used for or intended for use in preparing, photographing, recording, videotaping, digitizing, printing, copying, ordisseminatingmatter in violation of IC35424.

d&

(11) Dekructive devices used, possessed, transported, or sold in
violation ofIC 3547.5.
(12) Tobacco products that are sold in violation of IC 24-3-5, tobacco products feat a person attempts to sell in violation of IC 24-3-5, and ofeer personal property owned and used by a
person to facilitate a violation of IC 24-3-5. (13) Property used by a person to commit counterfeiting or forgery in violationof IC 3543-5-2. (14) After December 3L 2005, if a person is convicted of an
m

g^

offense specified in IC 25-26-14-26(b) or IC 3543-10, fee
foUowingreal or personal property:

(A) Property used orintended tobeused tocommit, tecihtate, orpromote the commission ofthe offense. (B) Property constituting, derived from, or traceable to the gross proceeds feat fee person obtained directly orindirectly
as a result ofthe offense.

(15) Except as provided in subsection (e).a vehicle used by a
person whooperatesthe vehicle:
SEA 536 —Concur*

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28

(A) while intoxicated, in violation of IC 9-30-5-1 through IC9-30-5-5, ifin fee previous five (5) years fee person has two (2) or more prior unrelated convictions: (i) for operating a motor vehicle while intoxicated in violationofIC 9-30-5-1 throughIC 9-30-5-5;or (ii)for anoffense feat is substantiallysimilartalC 9-30-5-1 through IC 9-30-5-5 in another jurisdiction; or (B) on a highway while fee person's driving privileges are suspendedin violationofIC 9-24-19-2throughIC 9-24-194, ifin fee previous five (5) years fee person has two (2) or more priorunrelatedconvictions: (I) for operating a vehicle while intoxicatedin violation of IC 9-30-5-1 through IC 9-30-5-5; or

(ii)foranoffense featis substantiallysimilar toIC9-30-5-1
through IC 9-30-5-5 in another jurisdiction. if a court orders fee seizure of a vehicle under this subdivision,
the court shall transmit an order to the bureau of motor vehicles

recommending feat fee bureau not permit a vehicle to be registered in fee name ofthe personwhosevehicle was seized until fee personpossessesa currentdrivinglicense(as defined in
IC 9-13-241).

(16) The followingreal or personal property: .(A)Propertyused or intendedto beusedto commit,fecilitate, or promote fee commission of an offense specified in IC 23-1448-9, IC 30-2-9-7(b), IC 3O-2-I0-9(b), or
JC30-2-13-38(f).

(B) Property constituting, derived from, or traceable to the gross proceeds feat a person obtains directly or indirectly as a resultofanoffensespecified inIC23-I448-9, IC30-2-9-7(b),
IC 30-2-10-9(b), orIC3Q-2-13-38(f).

(b)A vehicle used by anypersonas a common orcontractcarrier in
fee transaction of business as a common or contract carrier is not

subject to seizure under this section, unless it can be proven by a preponderance oftheevidence feat theowner ofthevehicle knowingly permitted feevehicle tobe usedto engage inconductthat subjects it to
seizure under subsection (a).

(c)Equipment undersubsection (a)(10) maynot beseized unless it canbeproven bya preponderance oftheevidence featfee ownerofthe equipment knowingly permitted fee equipment tobe used toengage in conduct thatsubjects it to seizureundersubsection (a)(10). • (d) -Money, negotiable instruments, securities, weapons,
communications devices, or any property commonly used as
SEA 536 — Concur*

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29

consideration for a violation of IC 35484 found near or on a person who is committing,attempting to commit, or couspiringto commit any

ofthe following offenses shall be admitted into evidence in an action under this chapter as prima facie evidence feat the money, negotiable instrument, security, or other thing ofvalue is property that has been
used or was to have been used to facilitate fee violation of a criminal

statute or is the proceeds ofthe violation ofa criminal statute: (I) IC 35484-1 (deafing in or lmnuiacturing cocaine or a narcotic drug). (2)IC 35484-1.1 (dealing in mefeamphetaniine). (3) IC 35484-2 (deaHng in a schedule t, H, or IE controlled substance). (4)IC35484-3 (dealing in a scheduleIVcontrolledsubstance). (5) IC354844 (dealing in a schedule V controlledsubstance)
as a Class B felony,

(6) IC 35484-6 (possession of cocaine or a narcotic drug) as a Class A felony. Class B felony, or Class C felony. (7)IC 35484-6.1 (possessionof methamphetamine) as a Class A felony. Class B felony, or Class C felony. (8) IC 35484-10 (dealing in marijuana, hash oiL hashish, or salvia) w a synfeetic cannabinoid) as a Class C felony. . (9) IC 35484-10.5 (dealing in a synthetic drag or synthetic drug lookalike substance) as a Class C felony or Class D felony (or as a Class C felony or Class D felony under IC 35484-10 before its amendment in 2013). (e) A vehicleoperated by a person who is not: (1) an owner of the vehicle; or (2)the spouse ofthe person who owns fee vehicle;

is not subject to seizure under subsection (a)(15) unless it can be proven by a preponderance of the evidence that fee owner of the vehicle knowingly permitted the vehicle to be used to engage in
conduct diatsubjects it to seizure under subsection(a)(15).
SECTION 16. IC 35-31.5-2-321, AS ADDED BY P.L.114-2012, SECHON67JS AMENDED TO READAS FOLLOWS [EFmCITVE
.:::- -

UPON PASSAGE]: Sec. 321. "Synthetic drug" means:

(1) a substance containing one (I) or more of the following chemical compounds, including an analog ofthe compound: (A) JWH-015 ((2-Mefeyl-l -propyl-IHindol-3-yl)-l -naphthal enylmethanone). (B) JWH-0IS (I-pentyl-3-(I-naphfeoyl)indole).
(Q JWH-019 (1-hexyl-3-(naphfealen-I-oyi)indole).
{D}JWEM)73
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30

(naphfealen-l-yl-(l-buty!indol-3-yl)methanone). (E) JWH-08I (4-mefeoxynaphfealen- 1-yl- (1-pentylindol3-yi)mefeanone). (FlJVVH-122(l-Pentyl-3-(4-methyl-l-naphtIioyI)indole). (G) JWH-200 ((l-(2-morpholm4-ylefeyl)indol-3-yl)naphfealen-1-yl-methanone). (H)JWH-250 (l-pentsi-3-(2-mefeoxyphenylacetyl)mdole). (I)JWH-251 (l-pentyl-3-(2-mefeylphenylacetyI)indole). (J) JWH-398 (l-pentyI-3-(4-chloro-l-naphfeoyl)indde). (K)HU-210 ((6aR,I0aR)- 9-{Hyfem>raefeyl)- 6,6-dimcfeyl3-(2-methyloctan-2-yl)-

6a,7.10,l Oa-tetrahydrobenzo[c]chromen- l-ol). (L) HU-2I1 ((6aS,10aS>9-(Hydroxymetbyl> 6,6-dimefeyl3-(2-methyl octan-2-yl) - 6a,7,10,1 Oa-tetrahydrobenzo [c}chromen-l-ol).'

(M) HU-308 ([(lR!2R15R)-2-[2,6-diniethoxy-4(2-methyloctan- 2-yl)pheny]]7,7-dimefeyl4-bicyclo[3.1.IJhept-3-enyI] methanol). (N) HU-331 (3-hydroxy-2- [(lR,6R)-3-methyl-6(l-methylethenyl)-2 -cyclonexea-l-yl]-5 -pentyl-2p-cyclohexadiene-1,4-dione). (0)CP 55,940 (2-KlR^R, 5R)-5-hydroxy-2<3-hydroxypropyl) cyclohexyd]5- (2-mefeyioctan-2-yl)phenol). (P) C? 47,497 (2-[(lR,3S)-3-hydroxycyclohexyl]- 5(2-iTKfeyloctan-2-yl)phenol) and its homologues, or 2-[(lR3S)-3-hydroxycycloh€xyl>5-(2-mefeyloctan-2-yl) phenol), where side chain n-5, and homologues where side
chain n-4,6, or 7.

(Q) WIN 55212-2

((R)-(+)-{2,3-Dihydro-5-methyl-3-(4-motpholinylmefeyl) pynolo [l^2,3-de)-1.4-benzoxazin6-yl]-3 -napfealenyhnefeanone). (R)RCS4 ((4-methoxyphenyi) (l-penrs4-lH-indol-3-yl)mefeanone). (S)RCS-8 (I-(l-(2-cycfohexylefeyl)-lHindol-3-yl)-2-(2-mefeoxyphenyl)etlianone). (T) 4-Mefeylmefecathinone. Ofeer name: mephedrone.

(U)

3,4-Mefeylenedioxymemcathinone.

Ofeer

name:

mefeylone.

(V)Fluorornethcathinone

(W) 4-Mefeoxymefecafeinone. Other name: mefeedrone.
SEA 536 — Concur-i

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31

(X) 4-Efeyhnefecafeinone(4-EMC).
(Y) Mefeylenedioxypyrovalei-one. Other name: MDPV. (Z)FWH-007, or l-pentyl-2-metIiyl-3-(I-naphfeoyl)indole.
(AA)JWH-O98,or

1-pentyl-2-mefeyl-3-(4-mefeoxy-l -naphfeoyl)indole. (BB)JWH-164,or 1-penryl-3-(7-mefeoxy-] -naphfeoyltindole.

(CC) JWH-210, or l-peutyl-3-(4-ethyl-l-naphthoyI)indole. (DD)JWH-201,or l-pentyi-3-(4-inefeoxyphenyl.acety''l)indole. (EE)rvra-203, or l-pentyl-3-(2-chlorophenylacetyl)indole.
(FF)AM-694or

1-(5-fluoropent\i)-3-(2-iodobenzoyl)in.dole. (GO) CP 50,556-1, or [(6S,6aF<,9R,10aR)-9feydroxy-6-mefeyl-3-[(2R)-5-phenylpe

ntan-2-yl]oxy-5,636a,7,8,9,10,1Oa-octahydrophenanthridin-l
-yl] acetate. (EH) Dimethylheptylpyran, or DMHP. (II)4-Mefeyl-alpha-pyrroHdinobutiophenone,or MPBP.

lit

(JJ)6-APB [6-(2-aminopropyl)benzofuran]. (LL) 7feydroxymifragynine, (MM) a -PPP [a«p)Tr^dinopropiopheiione]. (NN) a-PVP (desmefeylpyrovalerone). (CO)AM-251. (PP)AM-1241.

,

(QQ)AM-22<)1. (RR) AM-2233.
(SS) Buphedrone. (TT) Butylone. (UU)CP47,497-C7.

lm0, II"

(W)CP47,497-C8.

(WW) Desoxypipradol.
(XX)Ethylene. (YY)Eufyione.
(ZZ) Flephedrone. (AAA)JWH-011. (BBB)JWH-020. (CCC)JWH-022. (DDD) JWH-030. (EEE)JWH-I82. (FFF)JWH-302. (GGG) MDAI. [5.6-methylenedioxy-2-aminoindane].
SEA 536 —Concurs

^

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32

(FHiFI) Mitragynine.
(TTI) Naphyrone.

(JJJ)Pentedrone. (LLL) Pentylone.' (MMM)Mefhoxetamine

[2<3-mefeox>phenyl)-2-(ethy] amino)- cyclohexanone].
(IVNN) A796.260

(2433-tetramethykyelopi'opyI)methanone].
(OOO) AB-O0l[(ls,3s)-admantan-l-yl) (l-pentyl-lH-indol-3-yi)mefhanone] or [l-Penfyl-3(l-adamantoyl)indole3. (PPP)AM-356 [Methanandamidel.

[l-(2-morphoIin4-ylethyIHH-iBdol-3-y{)-

(QQQ) AM1248 [l-[(l-methyl-2- piperidinyl) merhyl]lH-indol-3-yll tricydo[3.3.1.l3?7] dec-l-yl-methanone]or
|(l-l(N-methylpiperindln-2-yl) Methyl]-3-(Adamant-l-oyI)uidole)].

(RRR) AM 2233 Azepane isomer [(2-iodophenyI) (l-(l-methyIazepan-3-ylFlll-indol-3-yI)methanone]. (SSS) CB-13 [1-Naphthaienyl [4-(pentyoxy)~
1-napIithalenyljmethanone].

(TTT)

UR-144

|(l-pentyI-lH-indol-3-yI)

(2^33-tetramethyIcyclopropyl)-methanone].

(UUU) URB 597f(3'-(aininocarbonyI) [l,r-biphenyI|-3-yI)cydohexylcarbamate].

(VVV) URB602 {[l^'-biphenyl]- 3-yl-cai-bamic acid,
cyclohexyl ester].

(WWW)

URB

754

[6-methyl-2-[(4-methylphenyi)

anrino]-l-benzoxazin4-one].

(XXX) XLR-11 or 5-fluoro UR-144 (l-(5-fIuoropentyl)-lH-indoI-3-yl) (2^33-tetramethyicyclopropyl)iiiethanone].
fXYY) AKB48 (Othernamesinclude: r^Adamantyl-l-pentyl-ffl-IndazdIe-3-caiboxarnide;

I^pentyI-N-trkydo[3.3.1.13.7]dcc-l-yl-lH-indazole-3carboxamide).

(ZZZ) 251-NBOMe (Other names include: 4-lodo-2,5-dimethoxy-N-[(2-methoxypheByI)methyI]bcBzeneethaaamine):

2K4-iodcH2,5-dBmefeoxyphenyf)-N-i(2-methoxyphenyI)
methyljethanainine). (AAAA) 2C-C-NBOMc (Other names include:

SEA 536 — Concur*

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33

25C-NBOMe;

2-(4-chloro-2,5-dimethoxyphenyI)-N-|(2-methoxyphenyI)
methyl]ethanamine; 2.5-Dimetlioxy-4-cbloro-N-(2-methoxybenzyl) phenethylamiue). (BBBB)2NE-1 (Other names include: l-PentyI-3(l-adamantykmido)indole).

(CCCC) STS-135 (Other names include: N-AdaniantyH-fiuoropentylindoIe-3-carboxamide
indoIe-3-cai-boxamide).

(l-5-flnorope«tyl)-N-tricycio[33.1.I3.7]dec-l-yi-IH-

(2) Any compound structurally derived from 3-(l-naphfeoyl>indole or IH-indal-3-yl-(l-naphthyl)metlianc by substitution at fee nitrogen atom of the indole ring by alkyl, haloalkyi, cyanoalkyL alkenyl eyeloalkylmefeyl, cycloalkylethyl,

1-(N-mefeyl-2-piperidinyl)mefeyl, or2-(4-morpholinyl)efeyl, or
l-(N-methyI-2-pyrroIidinyl)methyI, l~(N-metbyI-3niorpholinyl)methyl, or tetrahydropyranylmethyl group,
whether or not iurfber substituted in fee indole ring to any extent

and whetheror not substituted in the naphfeyiring to any extent

(3) Any compound stnicturally derived from 3-(l-naphfeoyl) pyrrole by substitution attheniungen atom offee pyrrole ringby alkyl haloalkyi, cyanoalkyl, alkenyl, cycloalkylmeihyl, cycloalkylethyl, l-(N-methyl-2-piperidinyl)methy1, w 2-(4-momhdmyl)efeyl,orl-(N-mefeyF2-iryrroHdiny5
l-(N-methyl-3- inorphof inyl)inethy I, or tetrahydropyranylmerhyl group, whefeer or not further substituted in the pyn-ole ring to any extent and whefeer or not
substituted in the naphfeyi ring to any extent.

(4) Any

compound

structurally derived

from

I-(l-napbthylmefe>i)indene by substitution at the 3-position of
fee indene ring by alkyl, hMoalkyL cyanoalfeyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1<N-me%l-2-piperidinyl)mefeyl, or2<4-morphoHnyl)ethyLor l-(N'-methyI-2-pyiroIidinyI)methyI5 1-(N-methyl-3morpholinyl)methyl, or tetrahydropyranylmetliyl group,
whefeer or not further substituted in.the indene ring to any extent

and whether or not substituted in the naphfeyi ring to any exteiiL

(5) Anycompound structurallyderived from 3-phenylacetytiudole

by substitution atthe nitrogen atom ofthe indole ring with alkyl,
haloalkyi, cyanoalkyl, alkenyl, cycloallcylmefeyl, cyclcalkylethyl,

1-(N-mcthy^-2-piperidinyl)mefeyl,or 2<4-morpholinyl)efeyL or

SEA 536 — Concur*

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34

l-(N-methyI-2-pyrrolidinyl)methyIj l-(N-methyl-3morpholinyI)methy[, or tetrahydropyranyfmethyl group, whefeer or not further substituted in fee indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

(6) Any compound structurally derived from 2-(3-hydroxycyclohexyl)pIienoI by substitution at fee 5-position ofthe phenohc ring by alkyl, haloalkyi, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, l-<N-mefeyl-2-piperidmyl)mefeyl, or 2-(4-morphoUnyl)efeyl, or I-(N-methyl-2-pyrrolidinyl)methyI, I-(N-methyl-3morphoBnyf)methyl, or tetrahyfeopyranylmethyl group, whether or not substituted in the eyelohexyl ring to any extent. (7) Anycompound containing a 3-(benzoyl)indoIe structurewife substitution at the nitrogen atom of the Indole ring by alkyl, haloalkyi, cyanoalkyl,alkenyl cycloalkylmefeyl, cycloalkylethyl, l-(N-mefeyl-2-piperidinyl)mefeyl, or 2-(4-morpliolinyl)efeyiI or I-(N-methyl-2-pyrroIidmyl)methyi, l-(N-methyi-3morphoBnyl)methyl, or tetrahydropyranylmethyl group,
whetheror not further substituted in the indole ring to any extent andwhefeer or not substituted in the phenyl ring to any extent.

(8)Anycompound, exceptbupropion oracompound 1istedunder
a. -different schedule, structurally derived from 2-aminopropan-l -onebysubstitution atfee 1-positionwith either phenyl, naphthylor thiophene ringsystems, whether or not fee compound is further modified: (A) bysubstitution in feeringsystem to anyextentwife alkyl, aBrylenedioxys alkoxy, haloalkyi, hydroxyi, or halide •aibstituents, whefeer or not further substituted in the ring system by one or moreotherunivalent substituents; (B) by substitution at fee 3-position wife an acyclic alkyl
substituent;

(C) bysubstitution at the 2-amino nitrogen atom wife alkyl,
dialkyl, benzyl, or me&oxybenzyl groups;or

(D) by inclusion ofthe 2-amino nkrogen atom in a cychc
structure.

(9) Any compound structurally derived from 3-tetramethyI cyclopropanoyh'ndolewith substitution at the nitrogen atom ofthe indolering by an alkyl, haloalkyi,cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, l-(N-roethyl-2-piperidhiy'i)niethyl, 2-(4-irorpboIinyI) ethyl, l-(N-methyI-2-pyrroIidinyI) methyl, l-(N-methyI-3moiphoBnyI)methyl, or tetrahydropyranylmethyl group,
SEA 536 —Concur*

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35

whether or not further substituted in the indole ring to any
extent and whether or not substituted in the

tetramethykyelopropvl ring to any extent.
(10) Any compound containing a Ni-(l-adaniantyf)1H-indazoJe-3-carbuxamide structure with substitution at

the nitrogen atom ofthe indazole ring by an alkyi, haloalkyi, cyanoalkyl, alkeiiyk cycloalkylmethyl, cycloalkylethyl, l-(N-methyt-2- piperidinyihnethyi, or 2-(4-morpholinyl)etIiyl, l-(N-methyl-2-pyrrolidinyI)methyI, l-{N-methyI-3-morpholinyl)inethyl,or tetrahydropy ranyhnethyi group, whether or not further substituted at the nitrogen atom ofthe carboxamide to airyextent, whether or not further substituted in the Indazole

ring to any extent, and whether or not further substituted on the adaiua nt yl ring system to any extent. An example of
this structural class includes AKB48.

(11) Any compound containing a N-(l-ailamantyl)IH-indole-3-carboxamide structure with substitution at the

nitrogen atom ofthe indole ring by an alkyl, haloalkyi,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, l-(N-methyl-2- piperidinyjymethyl, or 2-(4-morpholirwl)cthyl,I-(N-methyl-2-pyrroUdinyI)niethyl, l-(N-mcthyI-3-morpholinyI)methyl,or tetrahydropyranylmethyl group, whether or not further substituted at the nitrogen atom ofthe carboxamide to any extent, whether or not further substituted in the indole ring

if m

to any extent, and whether or not further substituted on the adamant} I ring system to any extent. An example of this
structural class includes STS-135.

(12) Any compound containing a 3-(l-adainantoyi)iudole structure with substitution at the nitrogen atom ofthe indole ring by an alkyl, haloalkyi, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, l-(N-methyl-2pijieiitliiiyl)inethyI,or 2-(4-morpholinyI)ethyl, l-(N-methyi-2pyrroIMinyl)methyl, l-fN-methy)-3-morphoDnyl)met:hyl, or tetrahydropyranylmethyl group, whether or not further substituted on the adamanryl ring system to any extent. An example of this structural class includes AM-1248. (9) (13) Anycompound determinedtobe a synthetic drug by rule adopted under IC 25-26-134.1. , SECTION17. IC 35-31.5-2-321.5 IS ADDEDTO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS

i

SEA 536 — Concni*

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36

[EFFECTIVE UPON PASSAGE]: Sec. 321.5. (a) "Synthetic drug lookalike snbstance", except as provided in subsection (b), means one (!) or more ofthe following:
(1) A substance, other than a synthetic drug, which any of the factors listcdin subsection (c) would lead a reasonable person to believe to be a synthetic drug. (2) A substance, other than a synthetic drug: (A) that a person knows or should have known was
intended to be consumed; and

(B)the cons unipiion of which the person knows or should
have known to he intended to cause intoxication.

(b) The term "synthetic drug lookalike substance" docs not
include the following:

— (tyFood andfood-ingredients (»» definwi in1G<=2.5=l-2^
(2) Alcohol (as defined in IC 7.1-1-34).

(3)A legend drug (as defined in IC 16-18-2-199).
(4) Tobacco.

(5)A dietary supplement (as defined in IC 6-2.5-1-16). (c) In determining whether a substance is a synthetic drug lookalike substance, the following factors may be considered: (1)The overall appearance of a dosage unit ofthe substance, including its shape, color, size, markings or lack ofmarkings, taste, consistency, and any other identifying physical
characteristics.

(2) How the snbstance is packaged for sale or distribution, includiug the shape,color, size, markings or lack ofmarkings, and any other identifying physical characteristics of the packaging. (3)Any statement made by the owner or person in control of the substance concerning the substance's nature, use, or
effect

(4) Any statement made to the buyer or recipient of the substance suggesting or implying that the substance is a synthetic drug. (5) Any statement made to the buyer or recipient of the substance suggesting or implying that the substance may be
resold for profit (6) The overall circumstances under which the snbstance is distributed, including whether (A) the distribution included an exchange of, or demand for, money or other property as consideration; and (B) the amount of the consideration was substantially

SEA 536 —Concur*

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37

greater than the reasonable retail market value of the
substance the seller claims the substance to be.

SECTION 18. IC 3545-6-1, AS AMENDED BY P.L126-2012, SECTION 56, AND AS AMENDED BY P.L.149-2012, SECTION 19,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS

[EFFECTIVEUPON PASSAGE]: Sec. 1. (a) The definitions in feis section apply throughout this chapter. (b) "Documentary material" means any document, drawing, photograph, recording,or othertangibleitemobtainingcompileddata
from which information can be either obtained or translated into a usable form

(c) "Enterprise" means: (1)a soleproprietorship, corporation, limitedliability company, partnership, business bust, or governmentalentity; or

(2) a union, an association, or a group, whether a legalentity or

merely associated infact.
(d) 'Pattern ofracketeering activity"means engaging in at least two (2) incidents of racketeering activity that have fee same or similar intent,resull,accomplice,victim,or methodofcommission, or that are

tUt *

otherwise interrelated by distinguishing characteristics feat are not

isolatedincidents.However,the incidents are apattern ofracketeering
activityonlyif at least one (I) ofthe incidentsoccurred after August 31,1980, and if fee last ofthe incidents occurred within five (5) years after a prior incident of racketeering activity. (e) "Racketeering activity"means to commit,to attemptto commit,

|lf^||
,. '* •*.

to conspire to commit a violation of, or aiding and abetting in a
violation of any of the following: (1) A provision of IC 23-19, or of a rule or order issued under
IC23-19.

m<fm&
mm

(2) A violation of IC 3545-9. (3) A violationof IC 3547.

(4) Aviolation ofIC 3549-3. . (5) Murder (IC 3542-1-1).
(6) Batteryas a Class C felony(IC 3542-2-1). (7) Ki chapping (IC 3542-3-2). (8) Human and sexual traffickingcrimes(IC 3542-3.5). (9) Child exploitation (IC 354244). (10)Robbery (IC 3542-5-1). (11)Carjacking (IC 3542-5-2). (T2J Aram (IC 3543-1-1), (13) Burglary (IC 3543-2-1).
(14) Theft (IC 35434-2).
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(15)Receiving stolen property (C 35434-2).
(16) Forgery (IC 3543-5-2).

(17)Fraud (IC 3543-54(1) through IC 3543-54(10)). (18)Bribery (IC 35-44*1*1). (IC35-44.1-1-2). (19) Official misconduct (IC35-44-1-2). (IC35-44.1-1-1). (20) Conflict ofinterest (IC 35-44-1-3). (IC35-44.1-1-4). (21) Perjury (IC 35-44-2-1). (IC35-44.1-2-1). (22)Obstruction ofjustice (IC35-44-3-4). (IC35-44.1-2-2). (23) Intimidation (IC 3545-2-1). (24)Promoting prostitution (IC 354544). (25) Professional gambling (IC 3545-5-3). (26) Maintaining a professional gambling site (IC3545-5-3.5(b)). (27)Promoting professional gambling (IC 3545-54). (28) Dealing in or manufacturing cocaine or a narcotic drag

(IC35484-1). (29) DeaHng in

or manufacturing methamphetamiiie (IC 35484-1.1). (30) Dealing in a schedule I, H, or UI controlled substance (IC 35484-2).

(31) Dealing in a schedule IV controlled substance
(TC 35484-3). (32)DeaIinginascheduleVcontrolledsubstance (IC 354844). (33)Dealingin marijuana,hash oiLhashish,salvia. or a synthetic cannabinoid (IC 35484-10). (34) Money launclering (JC 3545-15-5).

(35) Aviolation ofIC 3547.5-5.
(36)A violationof airyofthe following: (A) IC 23-1448-9. (B)IC30-2-9-7(b). (C)IC30-2-10-9(b). (D)IC3G-243-3S(f). (37) Practice of law by a person who is not an attorney (IC33-43-2-1). (38) Dealing in a synthetic drug or synthetic drug lookalike
substance (IC 35484-10.5, or IC 35484-10 before its amendment in 2013). SECTION 19. IC 3546-9-2, AS ADDED BY P.L40-2012, SECTION2LLS AMENDEDTO READ ASFOLLOWS [EFFECTIVE

UPON PASSAGE]: Sec. 2. As used in this chapter, "intoxicated"
means under fee influence of:

(1) alcohol;
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39

(2) a controlled substance; (3)any drug (as definedIn IC 9-13-249.1) otherthan alcohol or
a controlled substance; or

(4) any combination ofalcohol, controlledsubstances, or drugs;
or

(5) any other substance, not including food and food! ingredients (as defined In IC 6-2.5-1-20), tobacco (as defined in IC 6-2.5-1-28), or a dietary supplement (as defined in
IC 6-2.5-1-16);

so featfeere is an impairedconditionof thoughtandactionand the loss
ofnormal control of an individual's faculties.

SECTION 20. IC 3548-24, AS AMENDED BY P.L.114-2012, SECTION 144, IS AMENDED TO READ .AS FOLLOWS

[EFFECTIVEUPONPASSAGE]: Sec.4.(a)Thecontrolledsubstances
listed in this section are included in schedule L

(b)Opiates. Anyofthe following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers, unless

specifically excepted by rule of fee board or unless listed in anofeer
schedule, whenever fee existence of these isomers, esters, ethers, and salts is possible within fee specific chemical designation: Acetyl-alplia-methylfentanyl (N-[l-(l-mefeyt-2-phenefeyl>4piperidinyI]-N-phenylacetamide) (9815)
Acetylmethadol (9601) AUylprodine(9602)

Alpha-mefeylthiofentanyl (N-[I-mefeyl-2-(2feienyl)efeyl4-piperifenyl]-N-phenylpropariamide)(9832)
AlphacetylmeTliadol (9603) Mpbameprodine (9604) Alphamefeadol (9605) Alphamethylfentanyl (9814)
Benzefeidine (9606)

Beta-hydroxy-3-mefeylfentanyl (9831).. Othername; N-[I-(24iydroxy-2-phenethyl)-3-mefeyl4-piperidinyl ]-N-phenylpropanamide Beta-hydroxyfetitanyi (N-[l-(2-hydroxy-2-

phenefeyl)4-pipeTidinyl]-N-phenylpropanamide)(9830)
Betacetylmefeadol (9607) Betameprodine (9608) Betamethadol (9609)

Betaprodine(96II)
Clonitazene (9612) •
Dextromoramide (9613)

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Diamproinide (9615) Diefeytfeiambutene (9616) Difenoxin(9168)
Dimenoxadol(9617)

Dimepheptanol (9618) Dimefeylfeiambutene (9619) Dioxaphetyl biiryrate(9621) Dipipanone (9622) Efeylmefeylfeiambotene (9623) Etonitazene (9624) Etoxeridine (9625) Furcfeidine (9626) Hydroxypethidine (9627) Ketobemidone (9628) Levomoramide (9629)

•;p;-'-'-;-

Levophenac}flmorphan(9631)
3-Mefeylfentanyl. [N-[3-mefeyl-1-(2-phenylefeyl)4piperidyl]-N-phenyl-propanfettde](98I3) 3-Mefeylfeiofentanyl(N-[(3-methyl-l -(2-tMenyl)efeyl4piperidinyl]-N-phei'tylpropanamide)(9833) MPPP(l-methyl4-phenyl4-propionoxypiperidine) (9961) Morpheridine (9632) N-[14jen^4-piperidyl]-N-phenylpropananiide (benzylfentanyl),including any isomers, salts, or salts of
isomers (9818)

111 m

.

.

N-[l-(2-feienyl)methyl4-piperidyl]-N-phenylpropanamide
(feenylfentanyl), including any isomers, salts, or salts of isomers (9834) Noraeymefeadol (9633) Norlevorphanol (9634) Notmefeadone (9635)

*r«?%-

. Norpipanone (9636)
Para-flucffofentan>d(N-(4-fluorophenyl)-N[l-(2-phenefeyl)4-piperidinyl] propanamide (9812) Phenadoxone (9637) Phenampromide (9638) Phenomorphan (9647) Phenoperidine (9641) PEPAP[l-(2-phenefeyl)4-pheny34-acetoxypiperidine] (9663)
Pmtramide (9642) Proheptaane (9643) Properidine (9644)
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Propiram(9649) Racemoramide (9645) Thiofentaiiyl (N-phenyl~N-[ l-(2-thienyl)efeyl4piperidmylj-propanamide) (9835) Tilidine(9750) Trimeperidine (9646) (c)Opiumderivatives.Any ofthe following opium derivatives, their salts,isomers, andsalts ofisomers, unlessspecificallyexeqpted byrule of the board or unless listed in anofeer schedule, whenever fee existence ofthese salts, isomers, and salts of isomersis possible within fee specificchemical designation: Acetorphine(9319) Acetyldihydrocodeine(905I) Benzylmorphine (9052)
Codeine mefeylbromide (9070)

Codeine-N-Oxide (9053) Cyprenorphine (9054) Desomorphine (9055) Dihydromorplime (9145) Drotebanol (9335)

Etorphine (except hydrochloride salt) (9056) Heroin (9200) .
Hydromorphinol (9301) Mefe^desorphine (9302) Mefeyldihydrcffnorphine (9304)

ifl*lt m

Morphine mefeylbromide (9305)
Morphine methylsulfonate (9306) Morphine-N-Qxide (9307)
Myrophine(9308) Nicocodeine (9309) Nicomoiphine (9312)

m^tb

Nonnorphine(93I3)

'i

'

PhQkodkie(9314)
Thebacon(9315) (d)Hallucinogenic substances. Any material,compound, mixture, or preparation which contains any quantity of the following
hallucinogenic, psychedelic, or psychogenic substances, their salts, isomers,and salts of isomers, unless specifically excepted by rule of
fee board orunless listed in another schedule, whenever fee existence

mte

of these salts, isomers, and salts of isomers is possible within fee specific chemicaldesignation: (1) I-[l-{2-feienyl)cycIohexyI]pyrrolidine(7473). Other name:
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42

TCPy. (2)4-Bromo-2,5-Dimethoxyamphetamine (7391). Some trade

or othernames: 4-Bromo-2,
5-Dimethoxy-a-mefeylphfinefeylaniine; 4-Bromo-2,5-DMA.

(3) 4-Bramo-2,5-dimethoxphcncfeylaminc (7392).
4-Bromo-2,5-dimethoxyphenethyIaminc (7392). Some trade
or ofeer names:

2-[44)romo-2J5-dimethoxyphenyl]-l-aminoefeane;

alpba-desmefeylDOB; 2C-B, Nexus. (4)2,5-Dimefeoxy4-efeyiainphet-amins (7399). Other name:
DOET.

(5) 2,543hnethoxy4-(n)-propylfeiophenefeylamine (7348).
Other name: 2C-T-7.

(6) 2,5-Dimethoxyamphetamine(7396). Sometrade or ofeer names: 2,5-Dimefeoxy-a-methylphenefeylamine; 2, 5-DMA. (7)4-Mefeoxyamphetaraine (7411), Some trade or other names: 4-Methoxy-a-mefeylphenefeylamine: Paramefeoxyarnphetamine; PMA. (8) 5-Mefeoxy-3,4-mefeylenedioxy amphetamine (7401).
Other Name: MMDA.

(9) 5-Mefeoxy-N, N-diisopropyltryptamine,including any isomers, salts, or salts of isomers (7439). Other name:
5-MeO-DIPT.

(10) 4-methyl-2,54irnefeoxyatnphetamine (7395). Some trade and ofeer names: 4-mefeyl-2,

5-dimefeoxy-a-methylphenefeylamine; DOM;and STP. (11] 3.4-methylenedioxy amphetamine (7400). Other name:
MDA.

(12) 3,4-mefeylenefeoxy-N-cfeylamphetaminc (7404). Ofeer
names: N-efeyl-alpha-mefeyl-3,4(mefeylenedioxy)

phenefhylamine; N-efeyl. MDA;MDE; and MDEA. (13) 3,4-mefeyIenerfioxymetliauTOhetamiac (MDMA) (7405). (14)3,4,5-trinaefeoxy amphetamine (7390). Odiername:
TMA.

•" J

(15) Alpha-efeyltryptamine (7249).Some tradeand ofeer names: Etrypfarrrine; Monasc; [alpha]-ethyl-IH4ndole-3-efeanamme;3-(2-aniihobutyl) indole; [alpha]-ET; and AET. (16) Alpha-methylnyptamine (7432). Other name: AMT. (17)Bufotenine (7433). Some trade and ofeer names: 3-(B-Dimefe\4armnoefeyl)-5feyfeoxyindole; 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
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43

5-hydroxy-N. N-dimethyltrjptamine; mappine. (18) Diefeyltryptamine (7434). Some trade or other names: N, N-Diefeyltryptamine; DET. (19)Dimefeyltiytauune (7435). Dimethyltrypfaroine (7435).
Some trade or other names: DMT,

(20)Ibogaine (7260). Some tradeand other names:7-Efeyl-6, 6b, 7,8, 9, 10, 12,13-octahydro-2-mefeoxy-6, 9-rnefeaiio-5H-pvrido (!', 2': 1,2, azepino 4,5-b) indole; tabemanthe iboga. (21)Lysergicacid diethylamide(7315). Other name: LSD. (22)Marijuana (7360). (23) Mescaline (7381). (24) Parahexyl (7374). Some trade or ofeer names: 3-Hexyl-1feydroxy-7,8, 9,10-Ten-ahydro-6,6, 9-trimerhyI-6FI-dibenzo (b,d) pyran; Snyhexyl. (25)Peyote(7415), including: (A) all parts of fee plant feat are classified botanically as
lophophora williamsii lemaire, whefeer growing or not; (B) the seeds thereof; (Q any extract from any part offee plant; and (D)everycompound, manufacture, salt, derivative, mixture, or preparation ofthe plant its seeds, or extracts.

(26)N-efeyl-3-piperidyl benzilate (7482).Ofeername: DMZ. (27) N-hydroxy-3,4-mefeylenediaxydmphetamine (7402). Ofeernames: N-hydroxy-alpha.-mcthyl-3,4 (methylenedioxy)phenefeylamine; and N-bydroxy MDA. (28) N-mefeyl-3-piperidyl benzilate (7484), Other name: LBJ. (29) Psilocybin (7437). (30)Psilocyn(7438). (31) Tettahydrocannabinols (7370), including synfeetic equivalents of the substances contained in fee plant, or in the resinous extractives of Cannabis, sp and synthetic substances,
derivatives, and their isomers wife similarchemical structure and

pharmacological activity such as: (A) 6' cis or trans tetrahydrocannabinol, and their optical
isomers;

(B) 5* crs or trans tetrahydrocannabinol, and their optica]
isomers; and

(C) 5% cis or trans tetrahydrocannabinol, and their optical
isomers.

Since nomenclature of these substances is not internationally standardized, compounds of tiiese structures, regardless of

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44

numerical designation of atomic positions are covered. Ofeer
tame: THC.

(32)Efeylamine analogof phencyclidine (7455). Some trade or . ofeernames: N-Ethyl-1-phenylcycJ.ohexylamine;

(I-phenylcyclohexyl) efeylamine; N-(l-phenylcyclohexyl)
ethylamine; cyclohexamine; PCE.

(33) Pyrrolidine analogofphencyclidine (7458). Some trade or othernames: l-(l-phenylcyclohexyI)-pvTrohdine; PCP>r; PHP. (34)Thiophene analog of phencyclidine (7470). Some trade or
othernames: Hl-(2-thienyl) cyclohexyl) piperidiae; 2-Thienyl Analog of Phencyclidine;TPCP. (35)Synfeetic drugs (as defined in IC 35-31.5-2-321). (36)Salviadivinorumor salvinorin A, including:

(A) allpartsoftheplantfeatareclassifiedbotenicallyas salvia
divinorum, whether growing or not:

(B)fee seeds ofthe plant; (C)anyextractfrom anypartoftheplant; and (D)everycompound, manufacture, salt,derivative,mixture,or preparation ofthe plant, itsseeds, or extracts. (e) Depressants: Unless specifically excepted in anile adopted by the boardor unless1istedin anotherschedule, any material,compound,

mlxturei orpreparation which contains any quantity ofthe following
substances havinga depressanteffecton fee central nervous system, includingitssalts,isomers, andsaltsofisomers whenever theexistence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: Gamma-hydroxybucyric acid(other names include GHB;

gamma-hydroxybutyrate; 4-hydroxybutanoie acid; sodium
oxybate; sodium oxybutyrate) (2010) Mecloqualone (2572) Mefeaqualone (2565)

(f) Stimulants. Unless specifically excepted or unless listed in anofeerschedule, any material, compound,mixture,orpreparationthat contains anyquantity of feefollowing substances having a stimulant
effectonthecentral nervoussystem, including itssalts,isomers, and
salts ofisomers:

([+/-]) cis4-mefeylaminorex(([*/-])cis4,5dihydro4-methyl-5-phenyl-2-oxazolamine) (1590) Aminorex (1585). Ofeernames: aminoxaphen; 2-amino-5-phenyl-2-oxazoliiie; or 4,5-dihydro-5-phenyl-2-oxazolamine. Caftinone(1235). Some trade or ofeer names:
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45

2-amino-1 -phenyl-! -propanone; alpha-aminopropiophcnone; 2-arnuiopropioph.enone; and norephedrone. Fenefeylline(1503). N-Benzylpiperazine (7493). Other names: BZP; and
1-benzylpiperazbe.

N-efeylamphetamine (1475) Methcathinone (1237) Some ofeer trade names: 2-Mefeylamino-l-PhenyIpropan-I-one; Ephedrone; Monomefeylpropion; UR 1431. N,N-dimefeylamphetambe (1480). Otliernames: N,

N-alpla-trimefe.yl-benzeneefeanarnine; and N, N-alpha-trimefevlphenethylainine.
SECTION 21. IC 35484-10, AS AMENDED BY P.L.78-2012, SECTION14,ISAMENDEDTOREAD ASFOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B)finances fee manufacture of; (C) delivers; or (D) finances fee delivery of;

marijuana, hash oil, hashish, or salvia,&r a,synthetic drug, pure
or adulterated; or

(2)possesses, with intent to:
(A) manufacture;

(B) finance fee manufacture of;
(C) deliver; or

(I>) finance the deliveryof;

marijuana, hashoil, hashish, or salvia, or a synthetic drug, pure
or adulterated;

commits dealing in marijuana, hash oil, hashish, or salvia, or a synthetic drag; a Class A misdemeanor, except as provided in
subsection (b). (b) The offense is: (1)a ClassD felonyif:

(A) feerecipient or intended recipient is under eighteen (18)
years of age;

(B)fee amountinvolved is

(r)morethanthirty (30) grams butless than ten(10) pounds
ofmarijuanaor morethan two (2)gramsbut less than three hundred (300) gramsofhash oil, hashish, or salvia;or

(ii)more itemtwo(2)grams- of a synfeetic dragrpt (C) fee person has a prior conviction ofan offense mvolving
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46

marijuana, hash oiLhashish, orsalvia; orasyndeticdrug? and
(2)a ClassC felony if

(A) the amount involved is ten (10) pounds or more of marijuana or threehundred (300) or moregrams of hash oil hashish, or salvia, or fee person delivered or financed the
deliveryofmarijuana, hash oil, hashish, or salvia: (i) (A)on a school bus; or

(tr) (B)in. on,or within onethousand (1.000) feet of, school property, a publicpark, a family housingcomplex, or a youth
program center, er

(B) fee amount involved is mere than two (3) grams ef-a synthetic drug and fee person delivered er financed the deliveryofthe synthetic drug:
(ijen a school hus; or

(H) is; onyor within one thousand (L$86) feet of school property, a public park; a family housing complex, or a
youth program center:
SECTION 22. IC 35484-10.5 IS ADDED TO THE LNDFANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTTVE UPONPASSAGE]: Sec. lft& (a) A pei-sonwho:
(1) manufactures; (2) finances die manufacture of; (3) delivers; (4) finances the delivery of;

(5)possesses, with intent to deliver; or (6)possesses,with intent to finance the delivery of; a synthetic drug or a synthetic drug lookalike substance commits dealing in a synthetic drug or synthetic drug lookalike substance, a Class A infraction. However, the offense is a Class D felony if the offense is committed knowingly or intentionally and the person has a prior unrelated judgment or conviction under this subsection.
(b) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (Q delivers; or (D) finances the delivery of; a synfeetic drug or synthetic drug lookalike substance; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (Q deliver; or

-•:;*:;,.

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47

(D) finance the delivery of; a synthetic drug or synthetic drug lookalike substance; commits dealing in a synthetic drug or synthetic drug lookalike substance, a Class A misdemeanor, except as provided in
subsection (e). (c) The offense in subsection (b) is: (1) a Class D felony if:

(A) therecipient or inIended recipient islessthan eighteen
(18)years of age:

(B)the amount involvedis more than two (2)grams; or
(Q the person has a prior conviction of an offense involving a synthetic drug or synthetic drug lookaEke
substance; and

(2) a Class C felonyif the amount involved is more than two (2)grams and the person deliveredor financedthe delivery of
the synthetic drug or synthetic drug lookalike substance:
(A) on a school bus; or

(B) in, on, or within five hundred (500) feet of: (i) school property; or (ii) a public park; while a person under eighteen (18) years of age was reasonably expected to be present. (d) In addition to a criminal or civil penalty imposed for a violation ofthis section, ifthe courtfinds that a person has violated this section and the violation involved the sale ofor offer to sell, in the normal course of business,a synthetic drug or a synthetic drug lookalike substance by a retail merchant in a place ofbusiness for which the retail merchant has been issued a registered retail
merchant certificate, the court:

(1) shall recommend the suspension of the registered retail merchant certificate for the place ofbusiness for one (1) year if fee person's violation of this section resulted in a criminal
conviction; and

(2) may recommend the suspension of the registered retail
merchant certificate for the place of business for six (6) months if the person's violation of this section resulted in an adjudication that the person committed an infraction.

(e)The department ofstate revenue shal suspend the regis ter ed
retail merchant certificate ofa retail merchant in accordance with

the recommendation of the court. Whenever the department of state revenue is required to suspend a retail merchant's registered retail merchant certificate underthis section, the department shall

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48

immediately mail a notice to the retail merchant's address that must state that the retail merchant's registered retail merchant

cei-tificate will be suspended for the period recommended by the
court, commencing five (5) days after the date ofthe notice.

SECTION 23. IC 35484-11, AS AMENDED BY P.L.78-2012, SECTION 15,ISAMENDED TO READ ASFOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.A person who: (1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia; or a- synthetic rfrttg; (2)knowingly or intentionallygrows or cultivates marijuana; or (3)knowing that marijuana is growing on the person'spremises, fails to destroy the marijuana plants; commitspossession of marijuana, hash oil, hashish, or salvia, nr asynfeeticdmg. a Class A misdemeanor. However, the offense is a Class

D fefony if fee amount involved is more than thirty (30) grams of marijuana or two (2) grams of hash oil, hashish, or salvia, or a synthetic drug; or if fee person has a prior conviction of an offense involvingmarijuana, hash oil, erhashish, or salvia,era synthetic drug.
SECTION 24. IC 35484-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS

' -

*•

[FJFFECTTVE UPON PASSAGE]: Sec. 1L5. (a) As used in this section, "synthetic drug lookalike substance" has the meaning set
forth in IC 35-31.5-2-321.5(a)(3).

.

(b) A person who possesses a synthetic drug or synthetic drug lookalike substance commits possession of a synthetic drug or

synthetic drug lookalike substance,a ClassB infraction.
(c) A person who knowingly or intentionally possesses a synthetic drug or synthetic drug lookalike substance commits possession of a synthetic drug or synthetic drug lookalike
snbstance, a Class A misdemeanor. However, the offense is a Class

m&kk
V m

D felony if the person has a prior unrelated conviction under this

sectionor under section 1Q.5 of this chapter.

^

,

SECTION 25. IC 35484-12, AS AMENDED BY PX.78-2012,
SECriON 16,ISAMENDEDTO READ .AS FOLLOWS [EFFECTIVE UPONPASSAGE]:Sec. 12. Ifaperson who has no prior conviction of

mM

an offense under this article or under a law of another jurisdiction relating to controlled substances pleads guilty to possession of marijuana, hashish, salvia, or a synthetic drug or synthetic drug
lookalike substance as a Class A misdemeanor, the court, without

entering a judgment of conviction and wifefee consent ofthe person, may deferfurther proceedings and place fee person in fee custody of
fee courtunder such conditions as fee court determines. Upon violation
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49

of a condition of the custody, the court may enter a judgment of

conviction. However, if fee person fulfills fee conditions of fee custody, thecourt shall dismissfee charges against fee person. There may be only one (1) dismissal under this section wife respect to a
person.

SECTION 26. An emergency is declared for this act.

c^.

'&m?

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President offee Senate

President Pro Tempore

Speakerofthe House of Representatives

MS

SB.

Governor offee State of Indiana

Date:

Time:

1. //

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*v_~ ~Li/* /

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EXHIBIT B
SECTION 16. IC 35-31.5-2-321, AS ADDEDBY P.L 114-2012,
SECnON67,ISAMENDED TO READ ASFOLLOWS [EFFECm^E

UPONPASSAGE]: Sec. 321. "Synfnetic drag*means: (1) a substenoc containing one (I) or more of the foBawing chemicalcotnpQund% including an analog ofthe compound; (A)JWH4>15({24*thyH -propyl-1Hiiiaol-3-yl)~l-«apliu^bnylnietbano^ (B)JWH-018 {I-penryl-3~( l-naphfhoyl)tn6b1ek (O JWH-019 (I-I»)^-MJ^hthaler>l-oyl)indole), (D)JWH-073 (naphthalcrt-I -yl-(143iiiy3indol-3-yl)niefeMK3ine). {£) JWH-081 (4^nethosynapnthalen- 1-yl- (1-pentylindol3-yl^nethanone), (F) JWH-I22 (l-Ftenryl-3<4-niethyI-l-r^htk(yl)ma^leL
(0) JWH-20Q ((H2Haao^holin4-ylcfeyl)indol-3-yl)-

naphthalen-1-yl-methanone). (H) TWH-250 {l-r#nr>i-3^2.^tlx^p]K^ (1) JWH-251 (I-penryi-342-m^yiphenyl«elyi]»nri)te), (J) JWH-398 (l^enryI-3-(4^oj^l-jiaphthoyl)inaoie). <K) HU-21fJ ((6aR,lOaR)-9<Hydroxymethyl>. 6,«imethyl, 3-^4rethyloetan5-yl)6a,7J0,l0^tetrah3drobenzo[c3chnMnen- 1-oT). (L) HU-211 ((^i0aS>9-(Hydroxymefeyi)- 6>6-dirrjef%l3-(2-methyloetan-2-yl)- 6a, 7,10, IQa-fetrahydrobeiizo [c]chronien-l -ol). (M) HU-30S ([(lR,2R,5R)-2-[2s6^imethoxy-4{2-mefeyloetan- 2-yl)phenyl3-

7,7>dhiKdryl^picyxlor3.L13hept-3-enyi] methanol). (N) H.U-331 (3-hydroxy-2- [{iR,6R)-3^metfcyI-6(l-methylethenyl)-2 -cyclohexen-l-ylJ-S -pentyl-2,5-cyelohexadiene-l ,4-dione). <0)CP 35,940 (24(lR^R,5R>54i)dioxy-2^34^droxypropyl)cydohexyi]5- (2-niemyloctoii-2-^yi)phenol).

(P) CP 47,497 (2^(lR^3S>3-hydioxycyclcfe^]- 5(2-n^fey4octeiih2-}4)pte homologues, or 24(lR,3S)>3-hyTlroxycy^lohfixyl]-5^2-mfithyloctEBv2-yl) phenol), where side chain n==5, and homologues when? side
chain hf4, 6, or 7. (OJt WIN 55212-2

{(kM+H2j3-Dihydro-5-rnethy1-3-(^^

Case l:13-cv-00862-RLY-DML Document 1-3 Filed 05/28/13 Page 2 of 6 PagelD #: 69

pyrrolo [ 1^,3-de)- 1,4- penzoxazm-

6=yi y I^apthalenylrnefhanone). (R) RCS-4 ((4-methoxypbenyl) (l>f^tyl-IH-iE»iol-3-yl}mefeanone). (S) RCS-8 (HI -(2-cyclohexyiefhyI>.lHiiKbl-3-yi)-2^2^elhGxypfc (1) 4-MsthyImefeGathinonei Other name: rnephedrooe. (U) 3,4-Metrjybneoiox3!mietlK»feinone. Ofeer name; methylone. (V) Flugromethcathinoriie.
(W) 4-Mefett\ynicthcathinone. Other name: inethedronc.

(X) 44Bthylrnethcathmone (4-EMC). (Y) MefhyleiKdiaixypyroA'alerone. Other name: MDFV. (Z) JWH-007, or I-pen^-2^rKfe54-3<l-naphfljoyl)indole.
(AA)JWH-O98,or

I-penrj4-2-rnethyi-3-(4-nTethoxy-I -ropMhoytyinctote. (BB)JWH-164,or l-pmtyi-3-^7-*rje£hoxy-l -mi phthoyIjindolc. (OC)JWH-210, or I-|Kn^3-<4-efeyl-l-n3phflK>yl)irKiole. (DD)JWH-20!}or l-penl^-3-(4^:«thoxyT^ (EE) JWH-203, or I-f«ntyI~3-{2^bioro^ (FF) AM-694, or I-{5-fluOTopentyl)-3H(24odobenzoyl^ndole> (GO) CP 50,556-1, or [(6S,6aR,9R, I0aR)^-hydroxy-6^th^^ nt&UhS-yrjoxy^SA&J,^^ -yl] acetate. (HH) Dimdhylheptylpyran, or DMHP, (D)4-M3feyl-alptei3jTrolidinobutiophenones or M*BP, 0) 6-APB |6^2-aininop(opyl)beiiaQcSrian3, (LL) 7-lrydroxymitogynine. (MM)a-PPP [a^yfrolkjinopropiophenone]. (?#l) o^PVPCdesiiietfijIpyrOT^Ierone). (00)AM-25I, (PP)AM-124L <QO3AM-2201, (RR)AM-2233. (SS) Bitphedrone.
(TT)Burylone. (UU)CP-47,497-C7. (W)CF-47,497-C8.

(WW) DesoxypipradoL
(XX) Efeylane,

Case l:13-cv-00862-RLY-DML Document 1-3 Filed 05/28/13 Page 3 of 6 PagelD #: 70

<YY>Eurylone-

(2Z) FiephedKsne. (AAA)TvVH-0Il. (BBB)JWH-020.
(CCC)JWH-022. {DDD}mrH4)30. (rSE)JWH-18a, (FFF)JWH-302,

(GGG) MDAI [5,6--trKfeylenediox3^2-aininoinda(ne3(HHH) Mtragynine, (IBJNaprrvrane. (JCfJ) Pentedrooe. (LLL)Bentylone. (MMM) MetrNaxefsnrrine

[2-(3-niethoxypiherryl)-2^efeyiamin^ cjclohexarjone],
(r^?i>A79o^60 [H2-morph«Iin-4-vlethyl}-lH-iruh)l-3-yll(2,23;3~tctrsmcfeykyeIopropylHnethanone].

(QOO)

AB-001[(isj3s)-admantait-i-yI)
or |l*PentyM-

(l-pL'ntyI-lH-iiiiIol-3-yl>uuthanone| (l-adatriatitoyl)itido[c]. (PPP) AM-356 [Met hanand amirfc].

(QQQ) AM 1248 fl4(l-methyl-2- piperMlnyl) methylf1HrindoI-3-yl | tricyeto|3.3.1«13,7] dec4-yI-me#ian«n€r|or
|(1 - [(N-iti efthylt»i|"'riml in-2-yl)

](2-h>dnphenyl) (l^i-methyla^pan-3-yr>- IH-mdol-3-yt)fn«feariortci. (SSS) CB-13 [l-Naphthalenyl |4-(penty«xy)l-tiaphthalenyl]niethanone|.

MethyI|-3-(Adaraant-l-fjyI)indofc)]. (RRR) AM 2233 Azepane isomer

(TTT)

UR-144

{(l-p«ntyI-lH-iB<JflI-3-yl)

(2^;3^-tctramethyfcyelj propyl)-m<'thanonc], (UUU)URB597 PHainlnoearbony^ fM^M^Hyll-^yi^
cyclohesjkarbaitrari'j.

(VVV) DRB602 n'T'>K*"'UT S-yl-carBamic acid,
cyrfolKSsyl ester|.

<>¥WW)

URB

754

[6*n!Bl&yI-2-|(4-mef&ylph«^-i>

5*fIn«ro UR-144 {i-{S-fIuoropentyl)-iH-ind0l-3-yl>
(22^J,3-tetramefeykyclopr(ipyl)iuet.han«ncJ.

anunoJ-l-bcnzoxa^in-^jrH'l. (XXX) XLR-il or

(¥¥Y) AKB48 (Other names include:
N-Ad amautyI-1 -pcn t y I-1 H~Ind azo Ic-3-c3 r bo x a rnide;

l-p*n^N-tirkycl«|3.3A.i3,7|dM
carboxamide).

(2ZZ) 25I*NBOMe (Other names include: 4~Io!a^^2£-cim^lroxy-^^
2^4^iiodH>»2^MaimemoJ^pbei^i)-rf-|(2«m^
methyllethan amine). (AAAA) 2C-C-NBQMe (Other names include:

Case l:13-cv-00862-RLY-DML Document 1-3 Filed 05/28/13 Page 4 of 6 PagelD #: 71

25C-NBOMj;

2-(4-eWiBr^2^5-d%nethoxypheny^
metlvyfjetbanaminc; 2^DImeihoxy4HeIto^ phenethylaminc).

(BBBB) 2r>iE~l (Other names include: i-P^tyJ-3(l-adamanryIaniido)indolc).

(CCCC) STS-135 (Other names include: N- Adtiman ryLl -IIuerope titylindolc-3- e ar boxattiidc {l-S^fiuoi^peHty^ indoIe-3-carboxamide). (2) Any compound structurally derived from 3-<I-naphthoyl3iiidoieor lH-inool-3»yl-{1-riaphthyl>rjeth£Biehy substitution at the nitrogen atom ofthe indole ring by alkyI, haloalkyieyanwalkyljalkenyLcycloalkylrneftiyi eyeloalkyiethyi I-{N-meth5^2^irjericInyl)niemyl, or2-(4-morphoHnyl)ethyl, or l=(N^metttyI=2-pyrraH>d3nyt)mefhyl, l*(iNhmttIiyl-3tiiorphnlinyOitietliyl, or tetrahydropyranylmt'thyl group, whether or not furiber substituted in the indole ring to anyextent and wither or not substitutedin the naphthyl ringto any extent.

(3) Any compound structurallyderived from 3-^1-naphthoyl) pyrroleby substitution at thenitrogen atomofthe pyrrole ring by
alkyl, haloalkyi, cycloalkylethyl, cyanoalkyl, alkenyl, cycloalkylmelhyl, l~(N-mediy1-2-pipejidinyl)methyl, or

2^4-PMjq>holitt^)ediyl>qr b^vut^y}^^fTXvM6kBjt)^mKtt^
l»(N-methyl-3- mor pho t iny I)mc thyl, or tetrahydropjTanylmcfhyl group, whether or not further suhsfitirted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent (4) Any compound structurally derived from I-(l-naphthylmethyl)mdene by substitutionat the 3-posiion of the indeue ring by alkyl, haloalkyi, cyanoalkyl, alkenyl,

cycloalkylmethyl, c y c I o a 1k y I ethyl, l-fl^nie%L-2-piperidiDyl)methyLor2^4-nK)rpholi;n\rl)ethyt, ©r 1-(N-methyI-2-pyrrolWinyl}n3etliyl» 1<=(N«mefhy1-3rnorpholinyI)memyL or tctrahydropyratiylmcthyl group,

whether or not further substituted in the indeneringto any extent and whether or not substituted in the naphthyl ringto any extent. (5) Anycomr^itndstructurallyderivedfrom3i*enylaceryiindole by substitution at the nitrogen atomofthe indole ring with alkyl, haloalkyi, cyanoalkykalkeiryl.cyeloalkyhnethy'i, cjcbalkytemyl, l-(N-rnetl^-2-p!peridinyl)mcthyl,or2-(4-morpbolinyl)ethyl, or

Case l:13-cv-00862-RLY-DML Document 1-3 Filed 05/28/13 Page 5 of 6 PagelD #: 72

l»(N^mcthyI-2-pyrroIidinyI)methyI,

l^(N»methyl-3-

tnorj.*olinyl)methyl, or tcrrahydropyranylmetayl group,

whetheror notfurther substitutedin theindole ring to anyextent and whetheror notsubstituted in thephenyl ringto any extent. (6) Any compound structurally derived from 2-(34iydroxycyGlohexyl)pheDol by substitutionat the 5-position of the phenolic ring by alkyt haloalkyi, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, I-(l^meuSyl-2^iperidinyl)methy"l, 0r2-{4-rriGrpholinyi)emyl3 or l=(N»mcthyI-2-pyrrolidinyI)meth5'I, l-(N-methyl-3ru«rpholiuyl)methyl, or tetrahydropyranyfenetliyl group,

whether or not suhstituted in the cyelohexyi ringto say extent. (7) Anycompound contenting a 3-(benzo>4)indblestracturc with substitution at the nitrogen atom ofthe indole ring by alkyl, haloalkyi, cyaramikyI,alkenyl, cycloajkylmemyl, cyckjalkylelhyl, I-{H-methji-^2-pipOTdim/I)raethyL or 2-(4-inorpholinyl)dhj4j,or !-{N-mefhyI-2-pyrro!idinyI)methyl, l-(N-methyI~3«
morpholiny[)methyt, or tetrahydropyranyfnu?thyl group,

whetheror not furuSersubstitufed in the indolering to any extent andwhether or not substituted in thephenyl ringto any extent (8) Anycompcttrtd,except bupropionor acompound.listed under a different schedule, structurally derived from 2-arninopropan-lKHKbysubstitijtionatthe 1-positionwith either phenyl, naphthyl, or rhi opbene ring systems, whether or not the compoundis further modified: (A) bysubstitution in thering systemto anyextent with alkyl, alkyienedioxy, alkoxy, haloalkyi, hydroxy!, or halide substituenis, whether or not further substituted in the ring system by one or moreofher univalentsubstituents; (B) by substitution at the position with an acyclic alkyl
substitucnt;

(C) by substitution at the 2-ammo niteogen atom with alkyl,
dialkyl,benzyl, or methoxybenzylgroups; or (D) by inclusion of the 2-amino nitrogen atom m a eyebe
structure.

(9) Auy eompound structurally derived from S-tcalntmethyl cyclopropaneylindole with substitution at the nitrogen atom
of the indole ring by a n alkyl, haloalkyi, cyan oalkyl, alktii yI, cycloalkyl methyl, ey do a Iky I «th yl, l-^lN-metliyl-i-pipcridinyiJmethyl, 2-(4-morpholinyI) etliyt,

l-(N-methyI-2-pyrroKdinyI) methyl,

i-(N-mefhyI-3-

morpholinyl)memyl, or tetrahydronyranylmethyl group,

Case l:13-cv-00862-RLY-DML Document 1-3 Filed 05/28/13 Page 6 of 6 PagelD #: 73

whether or not further substituted in the indole ring to any
extent and whether or not substituted m the

tetiarnethyicyclopropyl ring to any extent. (10) Anycompound containing a N-(l-adamantyI)lH-indazole-3-carlw\auiide structure with substitution at

ike nitrogen atom of the indazole ring by an alkyl,
haloal kyf, cyanoalkyl^ alkenyl, cycloalkylmethyl, cycloalkylethyl, l^N^nefhyKE- piperidinyl)methyl, or 2-(4-morphoIinyl)cthyl, 1-|\-mcthyl-2-pyrrolidinyI)methyl,

l-4l^n^hyl-3-Kiorpl»Knyi)raethyI, or tetrahydropyr anytmethyl group, whetheror not farther
substituted at the nitrogen atom of the carbo\ amide to any

extent, whether or not further substituted in the indazole ring to any extent, and whetheror not further substituted OB the adama.nr.yl ring system to any extent An example of
this siructur al class inchides AKB48.

(11) Any compound containing a r^l*adamantyi>1H-indoIe-3-c arboxa mide structure with suhstitut ion ai the

nitrogen atom of the indole ring by an alkyl, haloalkyi, c yan oalkyI, alkenyl, c ydoaIky1me diyI, eye loalky lethy1, HN-tuethyl-2- pipuridiny I)methyl, or 2-(4-iuorphoIinyI)ethyl, l-{?S-mtthyl-2-pyrroIidinyl)nu'thyrl, l-(N-mcthyl~3~morpholinyl) met hy I, or tct ra hydropy ranylmethyl group, whether or not further substituted ai the nitrogen atom of the car boxamide lo any extent, whether or not further substituted in the indole ring

to any extent, and whether or not further substituted on the adamantyl ring system to any extent An example of this
structural class includes STS-135,

(12) Any compound containing a 3-(l-adamnntoy!)indofe
structure with subs dintion at the nitrogen atom of the indole

ring by an alkyl, haloalkyi, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, l-(N-m;ethyI*2*

pipcridmyi>inefhyVor2^ l-(M-metbyl-2pyrrotidinyl)methyI, i*<r%mc&yI-3NnioirphoKnyI>methft or tetrahydYopyranyhncthyl group, whether or not further substituted on the adamantyl ring system to any extent. An example ofthis structural class includes AM-1248. (9) (13)Anycompounddetermined tobea synthetic dmgby rule
adopted under IC 25-26-13-4,1,

Case l:13-cv-00862-RLY-DML Document 1-4 Filed 05/28/13 Page 1 of 1 PagelD #: 74

EXHIBIT C

Case l:13-cv-00862-RLY-DML Document 1-5 Filed 05/28/13 Page 1 of 1 PagelD #: 75

m + m Hm»n<h M0>0v* Oii*i M*A* ^A^Jb

EXHIBIT D

Case l:13-cv-00862-RLY-DML Document 1-6 Filed 05/28/13 Page 1 of 1 PagelD #: 76

EXHIBIT E

Case l:13-cv-00862-RLY-DML Document 1-7 Filed 05/28/13 Page 1 of 1 PagelD #: 77

Legal Notice
Indiana State
Indiana nKKumMNTur »*vwti:* l^V|/WM*m» w txwwMi hop.ln.gov

Illegal Drugs Marketed as "Spice," "Incense," "Potpourri," "Plant Food," and "Bath Salts"
Manufacturing, distributing, or possessing products that contain chemicals banned under

the Indiana Controlled Substances Act, Ind. Code § 35-48-1-1, etseq., including substances

and compounds listed in ind. code § 35-41-1-26.3's definition of "synthetic drug" - as well as
any analogs of those synthetic drugs - is a class a misdemeanor.

additionally, the offense is a felony if banned synthetic drugs are distributed to minors, if
more than 2 grams of the banned synthetic drug is manufactured or distributed, or if an individual has a prior synthetic drug conviction under the act.

Furthermore, it is a Felony to deal in a substance represented to be a controlled substance or that reasonably appears to be a controlled substance, even if the chemical
compositions of such items do not exactly match the current statutory description of
synthetic drugs.

>

Other remedies, penalties, and consequences for legal violations in relation to synthetic drug production and
distribution include:

• • •

Revocation of retail merchant certificates (Ind. Code § 6-2.5-8-7) Civil actions for court-ordered injunctions and payment of civil penalties Actions to abate public health and drug nuisances


• •

Seizure of inventory and assets used to facilitate violations
Unpaid sales tax enforcement Enforcement actions for violations ofthe Indiana Deceptive Consumer Sales Act (Ind. Code § 24-5-0.5) which can include injunctions, civil penalties, and restitution orders Enforcement actions for violations ofthe Indiana Uniform Food, Drug, and Cosmetics Act (Ind. Code § 16-

42-1-1, el seq.), which can include injunctions, civil penalties, cease and desist orders, inventory seizures,
and inventory destruction.

>

House Enrolled Act 1196 (Public Law 78-2012) is available here:
http://www.in.HOv/anns/l«^session/hill^^

>

Indiana's Controlled Substances Act is available here: hrtp://w^.in.ttOV'1egislative/iG^odc/litle3S/ar48/

RELIANCE ON PACKAGING REPRESENTATIONS, SUPPLIER REPRESENTATIONS, AND LAB REPORTS SHALL BE
DONE AT YOUR OWN RISK.

("""ShIbtT

5/24/13

Case l:13-cv-00862-RLY-DML Document 1-8 Filed 05/28/13 Paqe 1 of 2 PaqelD #• 78
DOR: Business Tax

Business Tax

INDIANA DEPARTMENT OF REVENUE

NEW AND SMALL BUSINESS EDUCATION CENTER
Welcome to the Indiana Department of Revenue's tax site for businesses. /T\ subscribe for
New for Businesses — The department is excited to introduce a new ^* publication called BizTax, which will help businesses better understand Indiana tax laws, the taxfiling process, and services DOR offers. To read the latest issue, click here.

\*J e mail updates >

ATTENTION" Effective Jan. 1, 2013, ALL businesses in Indiana must file and pay their sales and
withholding taxes electronically. For more information, click here.

If you work in or have business income from Indiana, you'll likely need to file a tax return with us. Whether you're a large multinational company, a small business owner, or a self-employed individual, this site contains all the resources you'll need to properly file your return. You'll find
information on how to register or close your business, make changes to your account, and file and pay your taxes online. You'll also find answers to frequently asked questions, as well as all the business tax forms and publications you might need.

If you are operating a convenience store or plan to sell bath salts, spice, or synthetic drugs,
c|k;k frereBusiness Tax Basics
How do I register a business with the Department?
How do I close a business with the Department? How do I make changes to mv tax account with the Department? How do I contact the Department? What do I do if I oet a tax bill?

How do I find out more about specific tax types, rates, penalties and interest?
Mow can I learn more about. Indiana's business income tax?
What is the process for claiming a refund j

How dQ I add a tax type with the Department?
What is Streamline Sales Tax? What information is available for dealers of aircraft. RVs. trailers, vehicles and watercraft?

What is the School Scholarship Tax Credit?

What is the new prepaid wireless fee?
How do I obtain a tax clearance on mv license? How do I oet a private employment aoencv license?

Whv is there a tax lien on mv vehicle title?
How do I receive a worker's compensation exemption certificate?

Forms

Where do I find current-year business tax forms? when; do I find prior-year business tax forms?

www.in.govftioi73335.htm

§«

Vh7

I

V2

5/24/13

Case l:13-cv-00862-RLY-DML Document 1-8 Filed 05/28/13 Page 2 of 2 PagelD #: 79
DOR: Business Tax a • •

How do I know which form to file? Where do I mail mv completed forms?
How do I suggest changes to Indiana tax forms?


Where do I find federal tax forms and other states' forms?
Where can I find Streamline Sales Tax information?

• •

What are the do's and do n't s of completing Form WH-1? Whv am I reouired to electronically file the WH-3 withholding tax form?

Electronic Services

Can I file business taxes online?
How can I pav mv taxes electronically?


How do I learn more about the Fuel Tax Electronic Initiatives f EDI)?
How do I complete a WH-3/W-2 filing mvself?

• •

How do I submit multiple Indiana Schedule IN K-ls? Where do I find information about electronic media?

Resources
Freouentlv Asked Questions New and Small Business Education Center Reference Library Tax Collection Process
Voluntary Disclosure Program

Federal Information IRS small Business and Self-Employed Tax Center
Information International Small Business Advisor

NAIC5 Codes
Tax Filing Deadlines

www.iago\fttor/3335.hlm

^

Case l:13-cv-00862-RLY-DML Document 1-9 Filed 05/28/13 Page 1 of 1 PagelD #: 80

EXHIBIT H

js44 (Rev. 12£)ase l:13-cv-00862-RLY-DMlCjjpmjr©O1WEK SHte&55/28/13 Page 1 of 1 PagelD #: 81
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings orother papers as required by law except as
purpose of initiating thecivil docketsheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

provided bylocal rules ofcourt. This form, approved bythe Judicial Conference ofthe United States in September 1974, isrequired forthe use ofthe Clerk ofCourt forthe
I. (a) PLAINTIFFS
Little Arm Inc. d/b/a B&B Distributions; Bohemian Groove LLC; MELX2 Enterprises Inc.; and JDK Anything LLC
DEFENDANTS

Prosecutors of each and every Indiana county as fullyenumerated in the caption of
the complaint

(b) County of Residence of FirstListedPlaintiff Allen
(EXCEPT IN U.S PLAINTIFF CASES)

County of Residence of First Listed Defendant Adams (INUS. PLAINTIFF CASES ONLY)
NOTE:

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, andTelephone Number)

Thrasher Buschmann & Voelkel, P.C.

Mark W. Rutherford/Stephen R. Donham

Attorneys (IfKnown)

151 North Delaware Street, Suite 1900 Indianapolis, Indiana 46204 (317)686-4773

n. BASIS OF JURISDICTION (Place an "X" In One Box Only)
Dl
U.S. Government Plaintiff

HI. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Boxfor Plaintiff
(ForDiversity CasesOnly)
PTF DEF

El 3 Federal Question (U.S. Government Not a Party)

andOneBoxfor Defendant)
PTF DEF

Citizen of ThisState
Citizen of Another State

]


1
2

Incorporated or Principal Place
of Business In This State


4
5

D4
D5

• 2

U.S. Government Defendant

• 4 Diversity
(IndicateCitizenshipof Parties in ItemIII)

D2

Incorporated and Principal Place
of Business In Another State

Citizen or Subject of a Foreign Country

• 3

D !

ForeignNation

D 6

06

IV. NATURE OF SUIT (Place an "X" in One Box Only)
P= -. 4 ®jKW3s

BBSS • •

--

SSS BS8HHSb£K.2s '•'
PERSONAL INJURY

i

DUO Insurance • 120 Marine D 130 Miller Act

PERSONAL INJURY

• 625 Drug Related Seizure
ofProperty21USC881 0690 Other

D422 Appeal 28 USC 158
• 423 Withdrawal
28 USC 157

• •

375 False Claims Act 4)0 Antitrust

310 Airplane 315 Airplane Product
Liability


365 Personal Injury Product Liability 367 Health Care/
Pharmaceutical

• 400State Reapportionment
• 430 BanksandBanking 460 Deportation
470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange

D 140Negotiable Instrument • 150Recoveryof Overpayment n
& Enforcement of Judgment

320 Assault, Libel &
Slander

^HiKMH
Q 820 Copyrights
• 830 Patent • 840 Trademark
ntii A ill', aaatsffiitt^ffet -

O 151MedicareAct • 152Recovery of Defaulted
Student Loans

330 Federal Employers'

(Excludes Veterans)

CH 153 Recovery of Overpayment
of Veteran's Benefits

• 160 Stockholders' Suits D190 Other Contract

• 195 Contract Product Liability
• 196 Franchise

Liability • 340 Marine Q 345 Marine Product Liability • 350 Motor Vehicle • 355 Motor Vehicle Product Liability • 360 Other Personal Injury • 362 Personal InjuryMedical Malpractice

Personal Injury Product Liability 368 Asbestos Personal Injury Product
Liability
PERSONAL PROPERTY


• • • •

O 710 Fair Labor Standards
Act

• 861 HIA (T395ff)


370 Other Fraud
380 Other Personal Property Damage

D 371 Truth in Lending
• 385 Property Damage
Product Liability

• 720 Labor/Management
Relations

• 862Black Lung (923) • 863 DIWC/DIWW (405(g))
• 864 SSID Title XVI

• •
• •

890 OtherStatutory Actions 891 Agricultural Acts
893 Environmental Matters 895 Freedom of Information
Act

D740 Railway Labor Act

O 865 RSI (405(g))

• 751 Familyand Medical
Leave Act

wmmmmmmmmm ; D 210 Land Condemnation • • • 220 Foreclosure D 230RentLease& Ejectment • D 240 Torts to Land D • 245Tort Product Liability fj • 290All Other Real Property •

©Si pipits 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/
Accommodations

ppispj|gtPit«®ift
Habeas Corpus:

• 790OtherLaborLitigation Q791 Employee Retirement
Income Security Act

• afrrttKtibKA h. •.-\^ ¥JSffia§8 •

D 870 Taxes (U.S. Plaintiff
or Defendant)

• •

463 Alien Detainee 510 Motions to Vacate
Sentence

896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision
State Statutes

Q871 IRS—ThirdParty
26 USC 7609
^^S-'^IM3vU€irR^EB31^a&£^

(3 950 Constitutionality of

530 General

445 Amer. w/Disabilities D 535 Death Penalty Other: Employment

Q462 Naturalization Application
• 465 Other Immigration
Actions

446 Amer. w/Disabilities • 540 Mandamus & Other Other O 550 Civil Rights
448 Education • • 555 Prison Condition 560 Civil DetaineeConditions of Confinement

V. OWlGIN (Place an "X" in One Box Only)
M 1 Original
Proceeding

U 2 Removedfrom
State Court

U

Remanded from

LJ4

Reinstated or

|_| 5

Transferred from U

6

Multidistrict

AppellateCourt

Reopened

AnotherDistrict
(specify)

Litigation

Cite the U.S. Civil Statute under which you are filing (Donotcitejurisdictionalstatutes unlessdiversity):
VI. CAUSE OF

28 U.S.C. §§ 1331, 1343,and 2201
Brief description of cause:

ACTION

VH. REQUESTED IN
COMPLAINT:

Claims to invalidate the constitutionality of certain statutes and for declaratoryjudgment and injunctive relief CHECK YES only if demanded in complaint: DEMAND $ CHECK IF THIS IS A CLASS ACTION JURY DEMAND: DYes §No UNDER RULE 23, F.R.Cv.P.
(See instructions):
JUDGE
SIGNATURE OF ATTORNEY OF RECORD DOCKET NUMBER

VDX RELATED CASE(S)
IF ANY
DATE

05/28/2013
FOR OFFICE USE ONLY RECEIPT # AMOUNT

s/ Mark W. Rutherford

APPLYING IFP

JUDGE

MAG. JUDGE

Case l:13-cv-00862-RLY-DML Document 1-11 Filed 05/28/13 Page 1 of 2 PagelD #: 82
AO 440 (Rev. 12/09) Summons in a Civil Action

United States District Court
for the

Southern District of Indiana

LITTLE ARM INC. D/B/A B&B DISTRIBUTIONS, et al
Plaintiff

v.

)

Civil Action No.

1:13-cv-862

PROSECUTORS, et al
Defendant

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) Office of the Indiana Attorney General
IGCS - 5th Floor

302 West Washington Street Indianapolis, Indiana 46204

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee ofthe United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Mark W. Rutherford Stephen R. Donham
Thrasher Buschmann & Voelkel, P.C.

1900 Market Square Center
151 North Delaware Street

Indianapolis, Indiana 46204

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature ofClerk or Deputy Clerk

Case l:13-cv-00862-RLY-DML Document 1-11 Filed 05/28/13 Page 2 of 2 PagelD #: 83
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. 1:13-cv-862

PROOF OF SERVICE

(This section should not befiled with the court unless required by Fed. R. Civ. P. 4 (I))
This Summons for (name of individual and title, ifany) was received by me on (date) D I personally served the summons on the individual at (place)
on (date) ; or

I left the summons at the individual's residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual's last known address; or

I served the summons on (name ofindividual)

, who is

designated by law to accept service of process on behalf of (name oforganization)
on (date) ; or

I returned the summons unexecuted because

; or

O Other (specify):

My fees are $

for travel and $

for services, for a total of $

o.OO

I declare under penalty of perjury that this information is true.

Date:

Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

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