Bailey, J.
Indiana Code section 16-42-19-18, under which Bookwalter was tried and convicted, provides: “A person may not possess or have under control with intent to violate this chapter [the Legend Drug Act] a hypodermic syringe or needle or an instrument adapted for the use of a legend drug by injection in a human being.” This provision is part of the Indiana Legend Drug Act, I.C. § 16-42-19-1, et seq., which was enacted to supplement the provisions of existing legislation related to the regulation of food and drugs in Indiana. I.C. § 16-42-19-1. The Act criminalizes the sale or possession of certain substances—legend drugs, [footnote omitted] insulin, and anabolic steroids—without a prescription. The question now before us distills to whether possession of a syringe without a valid prescription for a legend drug, insulin, or anabolic steroids, with intent to inject a non-legend drug, is sufficient to violate Section 16-42-19-18 of the Act. Bookwalter contends that it is not.
The requisite intent for the State to obtain a conviction under Section 16-42-19-18 is expressed not as intent to inject any drug, or even to inject an unprescribed legend drug, but as intent to violate the Act itself. We must, then, construe the statute to determine what satisfies the intent element of Section 16-42-19-18.
Our examination of the text of the Act does not clarify the nature of the intent requirement in Section 16-42-19-18. Section 16-42-19-13 of the Act provides that “A person may not possess or use a legend drug or a precursor unless the person obtains the drug … on the prescription or drug order of a practitioner” or under certain statutory exceptions. Section 16-42-19-17 criminalizes possession or having under control “with intent to violate the chapter an instrument or contrivance designed or generally used in smoking a legend drug.” Other sections prohibit making false or fraudulent representations to obtain legend drugs, I.C. § 16-42-19-16, selling insulin to individuals without prescriptions, I.C. § 16-42-19-29, and supplying anabolic steroids for athletic purposes. I.C. § 16-42-19-25(a). As we noted above, the expressed purpose of the Legend Drug Act is to supplement Indiana’s statutory scheme related to food, drug, and cosmetics safety, and most provisions of the Act pertain to the use of legend drugs, insulin, and anabolic steroids. Without reference to the use of a legend drug, insulin, or anabolic steroids, we cannot discern what it means to intend to violate the Legend Drug Act.
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The State observed at oral argument that a predecessor statute, the Dangerous Drug Act, criminalized possession of a syringe with intent to violate that act, under the definitions of which heroin was classified as a dangerous drug. See I.C. §§ 16-6-8-2(j) & 16-6-8-3(h) (Burns 1973). That law was subsequently revised as the Legend Drug Act, and the offense of possession of a syringe was amended to pertain to intent to violate the Legend Drug Act under its changed terms, which did not include heroin as a legend drug. I.C. §§ 16-6-8-2(j) & 16-6-8-3(h) (Burns 1973 Supp. 1982). The State’s reference to this change proves too much: the legislature’s revision of the Legend Drug Act to exclude from its scope heroin weighs in favor of concluding that the Act is at best ambiguous as to whether possession of a syringe with intent to inject heroin is a criminal act under Section 16-42-19-18.
Given the Act’s ambiguity as to whether intent to inject any substance that is not also a legend drug, insulin, or anabolic steroid is within the scope of Section 16-42-19-18’s intent element, we must construe the statute in favor of Bookwalter to conclude that intent to inject heroin is not fairly covered by the Legend Drug Act’s definition of the offense of possession of a syringe.
NAJAM, J., and PYLE, J., concur.