1. (a) A person who knowingly or intentionally:

   1. (1) manufactures;
   2. (2) finances the manufacture of;
   3. (3) advertises;
   4. (4) distributes; or

   5. (5) possesses with intent to manufacture, finance the manufacture of, advertise, or distribute;

      a substance described in section 4.5 of this chapter commits a Level 5 felony.

2. (b) A person may be convicted of an offense under subsection (a)(5) only if:

   1. (1) there is evidence in addition to the weight of the substance that the person intended to manufacture, finance the manufacture of, advertise, or distribute the substance; or
   2. (2) the amount of the substance involved is at least twenty-eight
   3. (28) grams.
3. (c) A person who knowingly or intentionally possesses a substance described in section 4.5 of this chapter commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous conviction under this section.
4. (d) In any prosecution brought under this section it is not a defense that the person believed the substance actually was a controlled substance.

5. (e) This section does not apply to the following:

   1. (1) The manufacture, financing the manufacture of, processing, packaging, distribution, or sale of noncontrolled substances to licensed medical practitioners for use as placebos in professional practice or research.
   2. (2) Persons acting in the course and legitimate scope of their employment as law enforcement officers.
   3. (3) The retention of production samples of noncontrolled substances produced before September 1, 1986, where such samples are required by federal law.

As added by P.L.210-1986, SEC.2. Amended by P.L.165-1990, SEC.8; P.L.150-1999, SEC.1; P.L.225-2003, SEC.3; P.L.158-2013, SEC.629; P.L.168-2014, SEC.96; P.L.44-2016, SEC.7.