Section 856 IAC 2-3-7 - Exemption of law enforcement officers; registration of law enforcement laboratoriesAuthority: IC 35-48-3-1
Affected: IC 35-48-3-3
Sec. 7.
Exemption of law enforcement officials.
(a) The requirement of registration is waived for the following persons in the circumstances described in this section: (1) Any officer or employee of the Drug Enforcement Administration, any officer of the U.S. Bureau of Customs, any officer or employee of the United States Food and Drug Administration, and any other Federal officer who is lawfully engaged in the enforcement of any Federal law relating to controlled substances, drugs or customs, and is duly authorized to possess controlled substances in the course of his official duties; and(2) Any officer or employee of any State, or any political subdivision or agency thereof, who is engaged in the enforcement of any State or local law relating to controlled substances and is duly authorized to possess controlled substances in the course of his official duties.(b) Any official exempted by this section may, when acting in the course of his official duties, possess any controlled substance and distribute any such substance to any other official who is also exempted by this section and acting in the course of his official duties.(c) Any official exempted by this section may procure any controlled substance in the course of an inspection, in accordance with IC 1971, 35-24.1-5-2[Repealed by Acts 1976, P.L. 148, SECTION 24; Acts 1977, P.L. 26, SECTION 25. See IC 35-48.] as amended, or in the course of any criminal investigation involving the person from whom the substance was procured.(d) In order to enable law enforcement agency laboratories to obtain and transfer controlled substances for use as standards in chemical analysis, such laboratories must obtain annually a registration to conduct chemical analysis. Such laboratories shall be exempted from payment of a fee for registration. Laboratory personnel, when acting in the scope of their official duties, are deemed to be officials exempted by this section and within the activity described in IC 1971, 35-24.1-5-6(c)[Repealed by Acts 1976, P.L. 148, SECTION 24; Acts 1977, P.L. 26, SECTION 25. See IC 35-48.] as amended. For the purpose of this paragraph, laboratory activities shall not include field or other preliminary chemical tests by officials exempted by this section.Indiana Board of Pharmacy; Reg 28,Ch III,Sec 3.16; filed Jul 9, 1974, 9:29 am: Unpublished; readopted filed Nov 14, 2001, 2:45 p.m.: 25 IR 1341; readopted filed Oct 4, 2007, 3:33 p.m.: 20071031-IR-856070060RFA; readopted filed November 25, 2013, 9:24 a.m.: 20131225-IR-856130308RFAReadopted filed 2/15/2024, 1:16 p.m.: 20240313-IR-856230795RFA