856 IAC 2-3-7 - Exemption of law enforcement officers; registration of law enforcement laboratories
Authority: 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35-24.1-5-2[Repealed by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35-24.1-5-6(c)[Repealed by Acts 1976,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.
Notes
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