Sec. 18. (a) A person who knowingly or intentionally possesses xylazine commits possession of xylazine, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
(b) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
xylazine; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
xylazine;
commits dealing in xylazine, a Level 5 felony. However, the offense is a Level 4 felony if the person has a prior unrelated conviction under this section.
(c) This section does not apply to one (1) or more of the following:
(1) A person who dispenses, prescribes, or administers a drug containing xylazine to a nonhuman species, if:
(A) the drug has been approved by the Secretary of Health and Human Services under section 512 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b); or
(B) the dispensing, prescription, or administration of the drug is permissible under section 512(a)(4) of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b(a)(4)).
(2) A person who:
(A) manufactures, distributes, or uses xylazine as an active pharmaceutical ingredient for manufacturing an animal drug approved under section 512 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b); or
(B) has been issued an investigation use exemption for xylazine under section 512(j) of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b(j)).
(3) A person who manufactures, distributes, or uses a xylazine bulk chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian.
(4) A person who uses xylazine for another purpose approved or permitted under the federal Food, Drug, and Cosmetic Act.
(5) A person who:
(A) possesses xylazine for the purpose of engaging in an activity permitted under this section; or
(B) delivers or transports xylazine from a person described in subdivisions (1) through (5)(A) to another person described in subdivisions (1) through (5)(A).