The Indiana board of pharmacy may adopt interim rules under IC 4-22-2-37.2 to declare a substance is a synthetic drug if the board finds that the substance:

1. (1) has been scheduled or emergency scheduled by the United States Drug Enforcement Administration;
2. (2) has been scheduled, emergency scheduled, or criminalized by another state; or

3. (3) has:

   1. (A) a high potential for abuse; and

   2. (B) no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

      In making a determination, the Indiana board of pharmacy shall consider the factors described in IC 25-26-13-4.1 . Notwithstanding IC 4-22-2-37.2 (i), a rule described in this section becomes effective when the rule is published in the Indiana Register. A rule described in this section expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule.

As added by P.L.249-2023, SEC.43.