LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6672 NOTE PREPARED: Mar 19, 2021
BILL NUMBER: SB 122 BILL AMENDED:
SUBJECT: Drug Schedules.
FIRST AUTHOR: Sen. Young M BILL STATUS: Enrolled
FIRST SPONSOR: Rep. McNamara
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: This bill adds new scheduled drugs to the statutory drug schedules.
Effective Date: July 1, 2021.
Explanation of State Expenditures: This bill adds Isotonitazene, MDMB-4en-PINACA and 4F-MDMB-
BICA to Schedule I drugs. It removes Epidiolex from the list of schedule V drugs. This would likely have
a minor increase on DOC’s offender population.
Isotonitazene is an opioid and both MDMB-4en-PINACA and 4F-MDMB-BICA are synthetic cannabinoids.
All three would be classified as Schedule I drugs.
Epidiolex is an FDA-approved prescription CBD used to treat seizures.
The penalties for illegally possessing and dealing in a Schedule I drugs are shown in the following tables.
Criminal Penalties for Illegally Possessing Schedule Drugs
Simple Possession With Enhancing Circumstance
Schedule I, II, III, IV Class A misdemeanor Level 6 felony
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Criminal Penalties for Dealing in Schedule I, II and III Drugs
Less than one gram Level 6 felony
Between 1 and 5 grams Level 5 felony
Less than 1 gram With Enhancing Circumstance Level 5 felony
Between 5 and 10 grams Level 4 felony
Between 1 and 5 grams With Enhancing Circumstance Level 4 felony
Between 10 and 28 grams Level 3 felony
Between 5 and 10 grams With Enhancing Circumstance Level 3 felony
More than 28 grams Level 2 felony
More than 10 grams With Enhancing Circumstance Level 2 felony
Additional Information – IC 35-48-1-16.5 defines "Enhancing circumstance" as one or more of the following:
1. The person has a prior conviction, in any jurisdiction, for dealing in a controlled substance that is
not marijuana, hashish, hash oil, salvia divinorum, or a synthetic drug, including an attempt or
conspiracy to commit the offense.
2. The person committed the offense while in possession of a firearm.
3. The person committed the offense: on a school bus; or in, on, or within 500 feet of school property
while a person younger than 18 was reasonably expected to be present; or a public park while a
person younger than 18 was reasonably expected to be present.
4. The person delivered or financed the delivery of the drug to a person younger than 18 at least 3 years
junior to the person.
5. The person manufactured or financed the manufacture of the drug.
6. The person committed the offense in the physical presence of a child younger than 18, knowing that
the child was present and might be able to see or hear the offense.
7. The person committed the offense on the property of a penal facility or juvenile facility.
8. The person knowingly committed the offense in, on, or within 100 feet of certain facilities at which
a drug abuser may be provided treatment, care, or rehabilitation.
The following table shows the sentencing ranges for these felonies.
Sentences by Felony Level
Level 2 Level 3 Level 4 Level 5 Level 6
Minimum 10 years 3 years 2 years 1 year 6 months
Advisory 17.5 years 9 years 6 years 3 years 1 year
Maximum 30 years 16 years 12 years 6 years 30 months
The average expenditure to house an adult offender in a DOC facility was $21,551 annually, or $59 daily,
during FY 2020. (This does not include the cost of new construction.) If offenders can be housed in existing
facilities with no additional staff, the marginal cost for medical care, food, and clothing is estimated at $3,524
annually, or $9.66 daily, per prisoner. These marginal cost estimates are based on contractual agreements
with food and medical vendors and projections based on prior years for clothing and hygiene. The estimated
average cost of housing a juvenile in a state juvenile facility was $89,998 annually, or $246.40 per day, in
FY 2020. The marginal cost for juvenile facilities was $3,969 annually or $10.87 daily.
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Explanation of State Revenues: There could be a minimal increase in fees and fines.
Explanation of Local Expenditures: More offenders may be confined in county jails prior to trial. The
average cost to confine a person in a county jail is an estimated $54 per day based on the per diem payments
reported by the U.S. Marshals to house federal prisoners in 16 county jails across Indiana during Federal FY
2017.
Explanation of Local Revenues: There could be a minimal increase in fees and fines.
State Agencies Affected: Department of Correction.
Local Agencies Affected: County sheriffs, prosecuting attorneys, courts with criminal jurisdiction.
Information Sources: Department of Correction; U.S. Department of Justice, US Marshals Service.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
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Statutes affected: 1. Introduced Senate Bill (S): 35-48-2-4, 35-48-2-12
2. Senate Bill (S): 35-48-2-4, 35-48-2-12
3. Senate Bill (H): 35-48-2-4, 35-48-2-12
4. Enrolled Senate Bill (S): 35-48-2-4, 35-48-2-12