IN
Indiana House Bill HB1049

Indiana 2022 Regular Session

Indiana House Bill HB1049 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1049
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 2-5-46; IC 7.1-8; IC 15-15-13; IC 15-16-2-36;
77 IC 24-4-21; IC 24-4-22.
88 Synopsis: Cannabis regulation. Establishes the cannabis compliance
99 advisory committee to review and evaluate certain rules, laws, and
1010 programs. Establishes the cannabis compliance commission to regulate
1111 all forms of legal cannabis in Indiana, including industrial hemp and
1212 low THC hemp extract.
1313 Effective: July 1, 2022.
1414 Errington, Campbell
1515 January 4, 2022, read first time and referred to Committee on Agriculture and Rural
1616 Development.
1717 2022 IN 1049—LS 6404/DI 77 Introduced
1818 Second Regular Session of the 122nd General Assembly (2022)
1919 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2020 Constitution) is being amended, the text of the existing provision will appear in this style type,
2121 additions will appear in this style type, and deletions will appear in this style type.
2222 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2323 provision adopted), the text of the new provision will appear in this style type. Also, the
2424 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2525 a new provision to the Indiana Code or the Indiana Constitution.
2626 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2727 between statutes enacted by the 2021 Regular Session of the General Assembly.
2828 HOUSE BILL No. 1049
2929 A BILL FOR AN ACT to amend the Indiana Code concerning
3030 agriculture and animals.
3131 Be it enacted by the General Assembly of the State of Indiana:
3232 1 SECTION 1. IC 2-5-46 IS ADDED TO THE INDIANA CODE AS
3333 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3434 3 1, 2022]:
3535 4 Chapter 46. Cannabis Compliance Advisory Committee
3636 5 Sec. 1. The following definitions apply throughout this chapter:
3737 6 (1) "Advisory committee" means the cannabis compliance
3838 7 advisory committee established by section 2 of this chapter.
3939 8 (2) "Cannabis compliance commission" means the
4040 9 commission established by IC 7.1-8-2-1.
4141 10 Sec. 2. The cannabis compliance advisory committee is
4242 11 established.
4343 12 Sec. 3. (a) The advisory committee consists of the following four
4444 13 (4) voting members and five (5) nonvoting members:
4545 14 (1) One (1) legislative member appointed by the speaker of the
4646 15 house of representatives.
4747 16 (2) One (1) legislative member appointed by the minority
4848 17 leader of the house of representatives.
4949 2022 IN 1049—LS 6404/DI 77 2
5050 1 (3) One (1) legislative member appointed by the president pro
5151 2 tempore of the senate.
5252 3 (4) One (1) legislative member appointed by the minority
5353 4 leader of the senate.
5454 5 (5) One (1) representative of law enforcement, appointed as a
5555 6 nonvoting member by the chairperson of the legislative
5656 7 council.
5757 8 (6) The commissioner of the department of state revenue or
5858 9 the commissioner's designee, who serves ex officio as a
5959 10 nonvoting member.
6060 11 (7) The director of the department of agriculture or the
6161 12 director's designee, who serves ex officio as a nonvoting
6262 13 member.
6363 14 (8) The state seed commissioner, who serves ex officio as a
6464 15 nonvoting member.
6565 16 (9) The executive director of the cannabis compliance
6666 17 commission or the executive director's designee, who serves
6767 18 ex officio as a nonvoting member.
6868 19 (b) The chairperson of the legislative council shall annually
6969 20 select one (1) of the voting members to serve as chairperson.
7070 21 Sec. 4. (a) A legislative member of the advisory committee may
7171 22 be removed at any time by the appointing authority who appointed
7272 23 the legislative member.
7373 24 (b) An appointed member of the advisory committee may be
7474 25 removed at any time by the appointing authority who appointed
7575 26 the member.
7676 27 (c) If a vacancy exists on the advisory committee, the appointing
7777 28 authority who appointed the former member whose position has
7878 29 become vacant shall appoint an individual to fill the vacancy.
7979 30 Sec. 5. Each member of the advisory committee is entitled to
8080 31 receive the same per diem, mileage, and travel allowances paid to
8181 32 individuals who serve as legislative and lay members, respectively,
8282 33 of interim study committees established by the legislative council.
8383 34 Sec. 6. The affirmative votes of a majority of the voting
8484 35 members appointed to the advisory committee are required for the
8585 36 advisory committee to take action on any measure, including final
8686 37 reports.
8787 38 Sec. 7. The advisory committee shall do the following:
8888 39 (1) Review rules adopted by the cannabis compliance
8989 40 commission.
9090 41 (2) Review legislative proposals suggested by the cannabis
9191 42 compliance commission.
9292 2022 IN 1049—LS 6404/DI 77 3
9393 1 (3) Evaluate the cannabis research and development program
9494 2 under IC 7.1-8-5.
9595 3 (4) Evaluate the operation of the industrial hemp program
9696 4 under IC 15-15-13.
9797 5 (5) Evaluate the processing, packaging, distribution, and sale
9898 6 of low THC hemp extract under IC 24-4-21 through
9999 7 IC 24-4-22.
100100 8 (6) Consider any other matter that relates to cannabis.
101101 9 SECTION 2. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
102102 10 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
103103 11 2022]:
104104 12 ARTICLE 8. CANNABIS REGULATION
105105 13 Chapter 1. Definitions
106106 14 Sec. 1. As used in this article, "cannabis" means cannabis that
107107 15 is legal under Indiana law, including industrial hemp and low THC
108108 16 hemp extract.
109109 17 Chapter 2. General Provisions
110110 18 Sec. 1. The cannabis compliance commission is established to
111111 19 regulate the growth, processing, distribution, and sale of legal
112112 20 cannabis in Indiana, including industrial hemp and low THC hemp
113113 21 extract.
114114 22 Sec. 2. (a) The cannabis compliance commission consists of:
115115 23 (1) the cannabis compliance commission executive committee;
116116 24 (2) the executive director; and
117117 25 (3) other employees necessary to carry out the duties of the
118118 26 cannabis compliance commission.
119119 27 (b) The cannabis compliance commission executive committee
120120 28 consists of four (4) commissioners, who shall hire the executive
121121 29 director and direct and oversee the operation of the cannabis
122122 30 compliance commission.
123123 31 Sec. 3. (a) The cannabis compliance commission executive
124124 32 committee commissioners shall be appointed by the governor.
125125 33 (b) A commissioner is eligible for reappointment.
126126 34 (c) Not more than two (2) commissioners may belong to the
127127 35 same political party.
128128 36 (d) A commissioner shall be appointed to a four (4) year term.
129129 37 (e) A commissioner serves the commissioner's term at the
130130 38 pleasure of the governor.
131131 39 Sec. 4. To be eligible for appointment as a commissioner, an
132132 40 individual must have the following qualifications:
133133 41 (1) The individual may not be employed by the state in any
134134 42 other capacity.
135135 2022 IN 1049—LS 6404/DI 77 4
136136 1 (2) The individual must have good moral character.
137137 2 (3) The individual must have been a resident of Indiana for at
138138 3 least five (5) years immediately preceding the appointment.
139139 4 Sec. 5. (a) The governor shall appoint, from among the four (4)
140140 5 commissioners appointed under section 3(a) of this chapter:
141141 6 (1) one (1) commissioner to serve as chairperson; and
142142 7 (2) one (1) commissioner to serve as vice chairperson;
143143 8 of the cannabis compliance commission executive committee.
144144 9 (b) The vice chairperson shall act as the chairperson if the
145145 10 chairperson is unable to attend a meeting of the cannabis
146146 11 compliance commission executive committee.
147147 12 Sec. 6. A commissioner appointed to fill a vacancy in the
148148 13 cannabis compliance commission executive committee shall serve
149149 14 only for the unexpired part of the original vacated term. In all
150150 15 other respects, an appointment to fill a vacancy shall be made in
151151 16 the same manner that an original appointment is made.
152152 17 Sec. 7. As compensation for services, each commissioner is
153153 18 entitled to the minimum salary per diem provided by
154154 19 IC 4-10-11-2.1(b). A commissioner is also entitled to
155155 20 reimbursement for traveling expenses as provided under
156156 21 IC 4-13-1-4 and other expenses actually incurred in connection
157157 22 with the commissioner's duties as provided in the state policies and
158158 23 procedures established by the Indiana department of
159159 24 administration and approved by the budget agency.
160160 25 Sec. 8. (a) Each commissioner shall execute:
161161 26 (1) a surety bond in the amount of ten thousand dollars
162162 27 ($10,000), with surety approved by the governor; and
163163 28 (2) an oath of office.
164164 29 (b) The surety bond and the oath of office shall be filed in the
165165 30 office of the secretary of state.
166166 31 Sec. 9. The required surety bond executed and filed on behalf of
167167 32 a commissioner shall be made payable to the state of Indiana and
168168 33 conditioned upon the faithful discharge of the commissioner's
169169 34 duties.
170170 35 Sec. 10. The cannabis compliance commission executive
171171 36 committee shall hold meetings at the call of the chairperson. The
172172 37 cannabis compliance commission executive committee may
173173 38 establish rules governing meetings.
174174 39 Sec. 11. (a) Three (3) cannabis compliance commission
175175 40 commissioners constitute a quorum for the transaction of business.
176176 41 (b) Each commissioner has one (1) vote.
177177 42 (c) Action of the cannabis compliance commission executive
178178 2022 IN 1049—LS 6404/DI 77 5
179179 1 committee may be taken only upon the affirmative votes of at least
180180 2 two (2) commissioners. If a vote is a tie, the position for which the
181181 3 chairperson voted prevails, as long as that position has received the
182182 4 affirmative votes of at least two (2) commissioners.
183183 5 Sec. 12. A commissioner may not solicit or accept a political
184184 6 contribution from any individual or entity that has a permit or has
185185 7 applied for a permit issued by the cannabis compliance
186186 8 commission, or that is otherwise regulated by the cannabis
187187 9 compliance commission. However, the right of a commissioner to
188188 10 vote as the commissioner chooses and to express the
189189 11 commissioner's opinions on political subjects and candidates may
190190 12 not be impaired.
191191 13 Chapter 3. Employees and Administration
192192 14 Sec. 1. (a) The cannabis compliance commission executive
193193 15 committee shall appoint an executive director to assist the cannabis
194194 16 compliance commission in the efficient administration of its powers
195195 17 and duties.
196196 18 (b) The cannabis compliance commission executive committee
197197 19 shall fix the salary of the executive director, subject to the approval
198198 20 of the budget agency.
199199 21 (c) The executive director:
200200 22 (1) is the executive agent of the cannabis compliance
201201 23 commission executive committee in the administration of the
202202 24 committee's policies; and
203203 25 (2) has the other powers and duties delegated to the executive
204204 26 director by the cannabis compliance commission executive
205205 27 committee or specifically assigned to the executive director by
206206 28 statute.
207207 29 Sec. 2. The executive director has the power to employ all
208208 30 necessary employees, determine their duties, and, subject to the
209209 31 approval of the cannabis compliance commission executive
210210 32 committee and the budget agency, fix their salaries.
211211 33 Chapter 4. Powers and Duties
212212 34 Sec. 1. The chairperson is the presiding officer at the meetings
213213 35 of the cannabis compliance commission executive committee. The
214214 36 chairperson, together with the executive director, shall prepare,
215215 37 certify, and authenticate all proceedings, minutes, records, rules,
216216 38 and regulations of the cannabis compliance commission executive
217217 39 committee. The chairperson shall also perform all other duties as
218218 40 imposed on the chairperson by this title.
219219 41 Sec. 2. (a) The cannabis compliance commission has the general
220220 42 power to organize its work, and to enforce and administer:
221221 2022 IN 1049—LS 6404/DI 77 6
222222 1 (1) this article;
223223 2 (2) IC 15-15-13 (industrial hemp);
224224 3 (3) IC 24-4-21 (distribution of low THC hemp extract);
225225 4 (4) IC 24-4-22 (sale of low THC hemp extract); and
226226 5 (5) rules adopted by the cannabis compliance commission.
227227 6 (b) The cannabis compliance commission has the following
228228 7 additional powers and duties:
229229 8 (1) To have a designated agent, upon presentation of proper
230230 9 credentials, enter upon private or public property to inspect
231231 10 for and investigate possible violations of:
232232 11 (A) this article;
233233 12 (B) IC 15-15-13 (industrial hemp);
234234 13 (C) IC 24-4-21 (distribution of low THC hemp extract);
235235 14 (D) IC 24-4-22 (sale of low THC hemp extract); and
236236 15 (E) rules adopted by the cannabis compliance commission.
237237 16 (2) To employ or contract for the legal, professional, and
238238 17 other personnel and assistance that is necessary for the
239239 18 efficient performance of the cannabis compliance
240240 19 commission's duties.
241241 20 (3) To issue orders to:
242242 21 (A) secure compliance with:
243243 22 (i) this article;
244244 23 (ii) IC 15-15-13 (industrial hemp);
245245 24 (iii) IC 24-4-21 (distribution of low THC hemp extract);
246246 25 (iv) IC 24-4-22 (sale of low THC hemp extract); and
247247 26 (v) rules adopted by the cannabis compliance
248248 27 commission; and
249249 28 (B) assess civil penalties.
250250 29 (4) To bring an appropriate action in court to:
251251 30 (A) enforce any order of the cannabis compliance
252252 31 commission;
253253 32 (B) collect any penalties or fees; and
254254 33 (C) procure or secure compliance with:
255255 34 (i) this article;
256256 35 (ii) IC 15-15-13 (industrial hemp);
257257 36 (iii) IC 24-4-21 (distribution of low THC hemp extract);
258258 37 (iv) IC 24-4-22 (sale of low THC hemp extract); and
259259 38 (v) rules adopted by the cannabis compliance
260260 39 commission.
261261 40 (5) To hold hearings before the cannabis compliance
262262 41 commission or its representative.
263263 42 (6) To take testimony and receive evidence.
264264 2022 IN 1049—LS 6404/DI 77 7
265265 1 (7) To conduct inquiries with or without a hearing.
266266 2 (8) To receive reports of investigators or other governmental
267267 3 officers and employees.
268268 4 (9) To administer oaths.
269269 5 (10) To subpoena witnesses and to compel them to appear and
270270 6 testify.
271271 7 (11) To certify copies of records of the cannabis compliance
272272 8 commission or any other document or record on file with the
273273 9 cannabis compliance commission.
274274 10 (12) To fix the form, mode, manner, time, and number of
275275 11 times for the posting or publication of any required notices if
276276 12 not otherwise provided.
277277 13 (13) To adopt rules under IC 4-22-2 to carry out:
278278 14 (A) this article;
279279 15 (B) IC 15-15-13 (industrial hemp);
280280 16 (C) IC 24-4-21 (distribution of low THC hemp extract);
281281 17 and
282282 18 (D) IC 24-4-22 (sale of low THC hemp extract).
283283 19 (14) To establish fees for licenses, permits, and applications.
284284 20 (15) To retain and consult with experts and other consultants.
285285 21 (16) To carry out any other duties assigned by statute.
286286 22 Sec. 3. The cannabis compliance commission shall adopt rules
287287 23 under IC 4-22-2 to prescribe the forms for all applications,
288288 24 documents, permits, and licenses used in the administration of:
289289 25 (1) this article;
290290 26 (2) IC 15-15-13 (industrial hemp);
291291 27 (3) IC 24-4-21 (distribution of low THC hemp extract);
292292 28 (4) IC 24-4-22 (sale of low THC hemp extract); and
293293 29 (5) rules adopted by the cannabis compliance commission.
294294 30 Sec. 4. The cannabis compliance commission has the following
295295 31 duties:
296296 32 (1) To regulate, enforce, and carry out the provisions of
297297 33 IC 15-15-13 (industrial hemp).
298298 34 (2) To regulate, enforce, and carry out the provisions of
299299 35 IC 24-4-21 and IC 24-4-22 (distribution and sale of low THC
300300 36 hemp extract).
301301 37 (3) To adopt protocols to:
302302 38 (A) prevent fraud;
303303 39 (B) ensure the accuracy of information contained in an
304304 40 application relating to industrial hemp and low THC hemp
305305 41 extract; and
306306 42 (C) protect the privacy of an applicant.
307307 2022 IN 1049—LS 6404/DI 77 8
308308 1 (4) To encourage research concerning cannabis and issue
309309 2 research licenses as described in IC 7.1-8-5.
310310 3 Chapter 5. Research and Development
311311 4 Sec. 1. To permit and encourage research concerning cannabis:
312312 5 (1) an accredited institution of higher education with a
313313 6 physical presence in Indiana; and
314314 7 (2) a pharmaceutical or agricultural business having a
315315 8 research facility in Indiana;
316316 9 may apply to the cannabis compliance commission for a license to
317317 10 conduct research concerning cannabis.
318318 11 Sec. 2. An application under this chapter must include the
319319 12 following:
320320 13 (1) The nature of the research project.
321321 14 (2) The names of the individuals who will conduct the
322322 15 research project.
323323 16 (3) The approximate quantity of cannabis that will be used in
324324 17 the research project.
325325 18 (4) The security protocol to be implemented to ensure that
326326 19 cannabis is not diverted for uses other than the research
327327 20 project.
328328 21 (5) Any other information required by the cannabis
329329 22 compliance commission.
330330 23 Sec. 3. Upon receipt of a completed application, the cannabis
331331 24 compliance commission may issue a research license to the
332332 25 accredited institution of higher education or pharmaceutical or
333333 26 agricultural business. The research license must specifically list the
334334 27 names of each individual participating in the research project who
335335 28 will have custody or control of cannabis for research purposes and
336336 29 the approximate quantity of cannabis that will be used in the
337337 30 research project.
338338 31 Sec. 4. The cannabis compliance commission may charge a
339339 32 reasonable fee for issuance of a research license.
340340 33 SECTION 3. IC 15-15-13-0.5, AS ADDED BY P.L.165-2014,
341341 34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
342342 35 JULY 1, 2022]: Sec. 0.5. The state seed commissioner cannabis
343343 36 compliance commission shall administer this chapter.
344344 37 SECTION 4. IC 15-15-13-1, AS AMENDED BY P.L.190-2019,
345345 38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
346346 39 JULY 1, 2022]: Sec. 1. (a) Nothing in this chapter authorizes any
347347 40 person to violate any federal law or regulation.
348348 41 (b) Nothing in this chapter authorizes the state seed commissioner
349349 42 to regulate a hemp product.
350350 2022 IN 1049—LS 6404/DI 77 9
351351 1 SECTION 5. IC 15-15-13-2, AS ADDED BY P.L.165-2014,
352352 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
353353 3 JULY 1, 2022]: Sec. 2. As used in this chapter, "agricultural hemp
354354 4 seed" means Cannabis sativa seed that meets any labeling, quality, and
355355 5 other standards set by the state seed commissioner cannabis
356356 6 compliance commission and that is intended for sale or is sold to, or
357357 7 purchased by, licensed growers for planting.
358358 8 SECTION 6. IC 15-15-13-2.5 IS ADDED TO THE INDIANA
359359 9 CODE AS A NEW SECTION TO READ AS FOLLOWS
360360 10 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. As used in this chapter,
361361 11 "cannabis compliance commission" means the cannabis
362362 12 compliance commission established by IC 7.1-8-2-1.
363363 13 SECTION 7. IC 15-15-13-7, AS AMENDED BY P.L.190-2019,
364364 14 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
365365 15 JULY 1, 2022]: Sec. 7. (a) Subject to section 15 of this chapter, The
366366 16 production of, possession of, scientific study of, and commerce in hemp
367367 17 is authorized in Indiana. Hemp is subject to regulation by the state seed
368368 18 commissioner. cannabis compliance commission. The state seed
369369 19 commissioner cannabis compliance commission shall adopt rules to
370370 20 oversee the licensing, production, and management of:
371371 21 (1) hemp; and
372372 22 (2) agricultural hemp seed.
373373 23 (b) All growers and handlers must have a hemp license issued by
374374 24 the state seed commissioner. cannabis compliance commission.
375375 25 Growers and handlers engaged in the production of agricultural hemp
376376 26 seed must also have an agricultural hemp seed production license.
377377 27 (c) An application for a hemp license or agricultural hemp seed
378378 28 production license must include the following:
379379 29 (1) The name and address of the applicant.
380380 30 (2) The name and address of the hemp operation of the applicant.
381381 31 (3) The global positioning system coordinates and legal
382382 32 description of the property used for the hemp operation.
383383 33 (4) If the hemp license or agricultural hemp seed production
384384 34 license application is made by a grower, the acreage size of the
385385 35 field where the hemp will be grown.
386386 36 (5) A statement signed by the applicant, under penalty of perjury,
387387 37 that the person applying for the hemp license or agricultural hemp
388388 38 seed production license has not been convicted of a drug related
389389 39 felony or misdemeanor in the previous ten (10) years.
390390 40 (6) A written consent allowing the state police department to
391391 41 conduct a state or national criminal history background check.
392392 42 (7) A written consent allowing the state police department, the
393393 2022 IN 1049—LS 6404/DI 77 10
394394 1 state seed commissioner, cannabis compliance commission, or
395395 2 the state seed commissioner's cannabis compliance
396396 3 commission's authorized representative, if a license is issued to
397397 4 the applicant, to conduct aerial inspections and to enter the
398398 5 premises on which the hemp is grown to conduct physical
399399 6 inspections of hemp planted and grown by the applicant, and to
400400 7 ensure the plants meet the definition of hemp as set forth in
401401 8 section 6 of this chapter.
402402 9 (8) A nonrefundable application fee, which must include the
403403 10 amount necessary to conduct a state or national criminal history
404404 11 background check, in an amount determined by the state seed
405405 12 commissioner. cannabis compliance commission.
406406 13 (9) Any other information required by the state seed
407407 14 commissioner. cannabis compliance commission.
408408 15 (d) Rules adopted by the state seed commissioner before July 1,
409409 16 2022, concerning industrial hemp are considered, after June 30,
410410 17 2022, rules of the cannabis compliance commission.
411411 18 SECTION 8. IC 15-15-13-8, AS AMENDED BY P.L.156-2020,
412412 19 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
413413 20 JULY 1, 2022]: Sec. 8. (a) Each license application received under this
414414 21 chapter must be processed as follows:
415415 22 (1) Upon receipt of a license application, the state seed
416416 23 commissioner cannabis compliance commission shall do one (1)
417417 24 of the following:
418418 25 (A) Forward a copy of the application to the state police
419419 26 department. The state police department shall then do the
420420 27 following:
421421 28 (i) Perform a state or national criminal history background
422422 29 check of the applicant.
423423 30 (ii) Determine if the requirements under section 7(c)(5) of
424424 31 this chapter concerning prior criminal convictions have been
425425 32 met.
426426 33 (iii) Return the application to the state seed commissioner
427427 34 cannabis compliance commission along with the state
428428 35 police department's determinations and a copy of the state or
429429 36 national criminal history background check.
430430 37 (B) Do the following:
431431 38 (i) Perform a state or national criminal history background
432432 39 check of the applicant under the same standards as the state
433433 40 police department would perform.
434434 41 (ii) Determine if the requirements under section 7(c)(5) of
435435 42 this chapter concerning prior criminal convictions have been
436436 2022 IN 1049—LS 6404/DI 77 11
437437 1 met.
438438 2 (2) The state seed commissioner cannabis compliance
439439 3 commission shall review the license application and the criminal
440440 4 history background check.
441441 5 (b) If the state seed commissioner cannabis compliance
442442 6 commission determines that all the requirements under this chapter
443443 7 have been met and that a license should be granted to the applicant, the
444444 8 state seed commissioner cannabis compliance commission shall
445445 9 approve the application for issuance of a license.
446446 10 (c) A hemp license or agricultural hemp seed production license
447447 11 expires on December 31 of the year for which the license was issued,
448448 12 unless revoked. A hemp license or agricultural hemp seed production
449449 13 license may be renewed in accordance with rules adopted by the state
450450 14 seed commissioner cannabis compliance commission and is
451451 15 nontransferable.
452452 16 SECTION 9. IC 15-15-13-9, AS AMENDED BY P.L.190-2019,
453453 17 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
454454 18 JULY 1, 2022]: Sec. 9. (a) An agricultural hemp seed production
455455 19 license issued under this chapter authorizes a grower or handler to
456456 20 produce and handle agricultural hemp seed for sale to licensed hemp
457457 21 growers and handlers. A seller of agricultural hemp seed shall ensure
458458 22 that the seed complies with any standards set by the state seed
459459 23 commissioner. cannabis compliance commission. The state seed
460460 24 commissioner cannabis compliance commission shall make available
461461 25 to growers information that identifies sellers of agricultural hemp seed.
462462 26 (b) A person who sells agricultural hemp seed to a grower must be
463463 27 a seed distributor who has a permit under IC 15-15-1-34.
464464 28 (c) All growers and handlers must keep records in accordance with
465465 29 rules adopted by the state seed commissioner. cannabis compliance
466466 30 commission. Upon at least three (3) days notice, the state seed
467467 31 commissioner cannabis compliance commission may audit the
468468 32 required records during normal business hours. The state seed
469469 33 commissioner cannabis compliance commission may conduct an
470470 34 audit for the purpose of ensuring compliance with:
471471 35 (1) this chapter;
472472 36 (2) rules adopted by the state seed commissioner; cannabis
473473 37 compliance commission; or
474474 38 (3) hemp license or agricultural hemp seed production license
475475 39 requirements, terms, and conditions.
476476 40 (d) In addition to an audit conducted in accordance with subsection
477477 41 (c), the state seed commissioner cannabis compliance commission
478478 42 may inspect independently, or in cooperation with the state police
479479 2022 IN 1049—LS 6404/DI 77 12
480480 1 department, a federal law enforcement agency, or a local law
481481 2 enforcement agency, any hemp crop during the crop's growth phase and
482482 3 take a representative composite sample for field analysis. If a crop
483483 4 contains an average delta-9-tetrahydrocannabinol (THC) concentration
484484 5 exceeding three-tenths of one percent (0.3%) on a dry weight basis, the
485485 6 state seed commissioner cannabis compliance commission may
486486 7 detain, seize, or embargo the crop.
487487 8 (e) The state seed commissioner cannabis compliance commission
488488 9 may revoke a license issued under this chapter to a person that fails to
489489 10 cooperate with:
490490 11 (1) the state seed commissioner; cannabis compliance
491491 12 commission;
492492 13 (2) the state police;
493493 14 (3) a federal law enforcement agency; or
494494 15 (4) a local law enforcement agency;
495495 16 in an inspection, or in the taking of a sample, under subsection (d).
496496 17 (f) A failure to cooperate described in subsection (e) constitutes
497497 18 probable cause for the state seed commissioner, cannabis compliance
498498 19 commission, state police, federal law enforcement agency, or local law
499499 20 enforcement agency to search the premises of the licensee's hemp
500500 21 operation.
501501 22 (g) If the state police department, a federal law enforcement agency,
502502 23 or a local law enforcement agency cooperates with the state seed
503503 24 commissioner cannabis compliance commission in the detention,
504504 25 seizure, or embargo of a crop under this section:
505505 26 (1) the state police department, federal law enforcement agency,
506506 27 or local law enforcement agency; and
507507 28 (2) any officer or employee of the state police department, federal
508508 29 law enforcement agency, or local law enforcement agency who is
509509 30 involved in the detention, seizure, or embargo;
510510 31 is immune from civil liability for the detention, seizure, or embargo.
511511 32 (h) The state seed commissioner cannabis compliance commission
512512 33 may order a hemp crop that is detained, seized, or embargoed for
513513 34 noncompliance with this chapter to be destroyed by the owner.
514514 35 However, except as prohibited by federal law, the grower may appeal
515515 36 to the state seed commissioner cannabis compliance commission for
516516 37 the hemp crop to be diverted to a willing licensed processor for
517517 38 processing and sale for industrial use. A hemp crop that is detained,
518518 39 seized, or embargoed may not be used for cannabidiol, other extracts,
519519 40 oil, food, or cosmetic products that are used for humans or animals.
520520 41 (i) A grower shall reimburse the state seed commissioner cannabis
521521 42 compliance commission for the cost of testing conducted on the
522522 2022 IN 1049—LS 6404/DI 77 13
523523 1 grower's crop under this section.
524524 2 SECTION 10. IC 15-15-13-9.5, AS ADDED BY P.L.190-2019,
525525 3 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
526526 4 JULY 1, 2022]: Sec. 9.5. (a) A person who is a handler licensed under
527527 5 this section may distribute clones and other nonseed propagative
528528 6 materials of a hemp plant using the person's own labeling, if the
529529 7 distributor does the following:
530530 8 (1) Complies with the requirements of this chapter.
531531 9 (2) Reports the variety and quantity of each variety of the
532532 10 propagative material of plant sold.
533533 11 (3) Pays the inspection fee on the basis of the report.
534534 12 (4) Labels the propagative material with the information required
535535 13 by the state seed commissioner. cannabis compliance
536536 14 commission.
537537 15 (5) Keeps records to accurately determine the named varieties and
538538 16 the number of plants of each variety distributed.
539539 17 (6) Grants the state seed commissioner cannabis compliance
540540 18 commission or the state seed commissioner's cannabis
541541 19 compliance commission's authorized representative access to
542542 20 examine the handler's records and verify the quantity and each
543543 21 variety of propagative material distributed.
544544 22 (7) Report, under oath, to the state seed commissioner cannabis
545545 23 compliance commission on forms furnished by the state seed
546546 24 commissioner cannabis compliance commission each variety
547547 25 and quantity of propagative material sold during each semiannual
548548 26 period.
549549 27 (8) Any other information or conditions stated in the application.
550550 28 (b) The state seed commissioner cannabis compliance commission
551551 29 may revoke a handler's license if the commissioner commission
552552 30 determines any of the following:
553553 31 (1) That the licensee has not complied with the requirements
554554 32 under this chapter.
555555 33 (2) The report required in subsection (a) has not been submitted
556556 34 and is more than ten (10) days late.
557557 35 (3) The report required in subsection (a) contained false
558558 36 information.
559559 37 (4) The labeling requirements under this chapter have not been
560560 38 met.
561561 39 (c) If the inspection fee has not been paid and is more than ten (10)
562562 40 days late, the state seed commissioner cannabis compliance
563563 41 commission shall assess a late fee.
564564 42 (d) Each year the:
565565 2022 IN 1049—LS 6404/DI 77 14
566566 1 (1) report required under subsection (a)(7); and
567567 2 (2) inspection fees required under this chapter;
568568 3 for the period beginning on January 1 and ending on June 30 and for
569569 4 the period beginning on July 1 and ending on December 31 are due not
570570 5 more than thirty (30) days after the end of the semiannual period.
571571 6 SECTION 11. IC 15-15-13-10, AS ADDED BY P.L.165-2014,
572572 7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
573573 8 JULY 1, 2022]: Sec. 10. The amount of any fees charged growers and
574574 9 handlers by the state seed commissioner cannabis compliance
575575 10 commission under this chapter must be sufficient to cover the cost of
576576 11 the administration of this chapter, including the cost of conducting
577577 12 audits and testing.
578578 13 SECTION 12. IC 15-15-13-11, AS AMENDED BY P.L.190-2019,
579579 14 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
580580 15 JULY 1, 2022]: Sec. 11. Only a hemp licensee, the licensee's designee,
581581 16 or the licensee's agents may be permitted to transport hemp off a
582582 17 production site. When transporting hemp off the production site, the
583583 18 hemp licensee, designee, or agent shall have in the licensee's,
584584 19 designee's, or agent's possession the licensing documents from the state
585585 20 seed commissioner cannabis compliance commission evidencing that
586586 21 the hemp is from certified seed produced by a licensed grower.
587587 22 SECTION 13. IC 15-15-13-12, AS AMENDED BY P.L.156-2020,
588588 23 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
589589 24 JULY 1, 2022]: Sec. 12. The state seed commissioner cannabis
590590 25 compliance commission is responsible for the following:
591591 26 (1) Monitoring the hemp grown by any license holder.
592592 27 (2) Conducting random testing of the hemp for compliance with
593593 28 tetrahydrocannabinol (THC) levels. The state seed commissioner
594594 29 cannabis compliance commission may enter into agreements
595595 30 with one (1) or more laboratories selected by the Indiana state
596596 31 police department to perform testing under this subdivision.
597597 32 (3) Establishing necessary testing criteria and protocols, including
598598 33 a procedure for testing, using post decarboxylation or other
599599 34 similarly reliable methods, for delta-9-tetrahydrocannabinol
600600 35 concentration levels of the hemp produced.
601601 36 (4) Establishing the minimum number of acres to be planted
602602 37 under each license issued under this chapter.
603603 38 (5) Regulating any propagative material of a hemp plant.
604604 39 SECTION 14. IC 15-15-13-13, AS AMENDED BY P.L.190-2019,
605605 40 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
606606 41 JULY 1, 2022]: Sec. 13. (a) Subject to section 13.5 of this chapter, in
607607 42 addition to any other liability or penalty provided by law, the state seed
608608 2022 IN 1049—LS 6404/DI 77 15
609609 1 commissioner cannabis compliance commission may revoke or refuse
610610 2 to issue or renew a hemp license or an agricultural hemp seed
611611 3 production license and may impose a civil penalty for a violation of:
612612 4 (1) a license requirement;
613613 5 (2) license terms or conditions;
614614 6 (3) a rule relating to growing or handling hemp; or
615615 7 (4) section 19 of this chapter.
616616 8 (b) The state seed commissioner cannabis compliance commission
617617 9 may not impose a civil penalty under this section that exceeds two
618618 10 thousand five hundred dollars ($2,500).
619619 11 (c) The state seed commissioner cannabis compliance commission
620620 12 may revoke or refuse to issue or renew a hemp license or an
621621 13 agricultural hemp seed production license for a violation of any rule of
622622 14 the state seed commissioner cannabis compliance commission that
623623 15 pertains to agricultural operations or activities other than hemp
624624 16 growing or handling.
625625 17 (d) Any civil penalties collected under this section shall be
626626 18 transferred to the Indiana state department of agriculture and used for
627627 19 hemp marketing and research purposes.
628628 20 (e) In addition to payment of any civil penalty imposed under this
629629 21 section, a person who commits a violation described in subsection (a)
630630 22 shall reimburse the state seed commissioner cannabis compliance
631631 23 commission for any costs incurred by the state seed commissioner
632632 24 cannabis compliance commission for laboratory testing of material
633633 25 pertaining to the violation.
634634 26 SECTION 15. IC 15-15-13-13.5, AS AMENDED BY P.L.156-2020,
635635 27 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
636636 28 JULY 1, 2022]: Sec. 13.5. (a) Except as provided in subsection (b), the
637637 29 state seed commissioner cannabis compliance commission shall give
638638 30 a person who negligently violates this chapter a reasonable time,
639639 31 determined by the state seed commissioner, cannabis compliance
640640 32 commission, to correct the violation without imposing a penalty under
641641 33 section 13 of this chapter. However, the state seed commissioner
642642 34 cannabis compliance commission may require the person who
643643 35 committed the violation to comply with a corrective action plan
644644 36 determined by the state seed commissioner cannabis compliance
645645 37 commission and report to the state seed commissioner cannabis
646646 38 compliance commission on compliance with the corrective action
647647 39 plan.
648648 40 (b) A person who commits a negligent violation of this chapter three
649649 41 (3) times in a five (5) year period shall immediately be ineligible to
650650 42 produce hemp for five (5) years.
651651 2022 IN 1049—LS 6404/DI 77 16
652652 1 (c) If the state seed commissioner cannabis compliance
653653 2 commission believes that a person has knowingly or intentionally
654654 3 violated this chapter, the state seed commissioner cannabis
655655 4 compliance commission shall notify:
656656 5 (1) the superintendent of the state police department; and
657657 6 (2) the prosecuting attorney of the county in which the violation
658658 7 occurred;
659659 8 of the violation.
660660 9 (d) A person who commits a negligent violation under this chapter
661661 10 is subject to a late fee as established by rule adopted by the state seed
662662 11 commissioner. cannabis compliance commission.
663663 12 SECTION 16. IC 15-15-13-14, AS AMENDED BY P.L.190-2019,
664664 13 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
665665 14 JULY 1, 2022]: Sec. 14. (a) The state seed commissioner cannabis
666666 15 compliance commission shall adopt rules under IC 4-22-2 to
667667 16 implement and administer this chapter.
668668 17 (b) The state seed commissioner cannabis compliance commission
669669 18 may adopt emergency rules in the manner provided under
670670 19 IC 4-22-2-37.1 to comply with any federal requirement under the
671671 20 Agriculture Improvement Act of 2018 to implement and administer this
672672 21 chapter.
673673 22 SECTION 17. IC 15-15-13-15 IS REPEALED [EFFECTIVE JULY
674674 23 1, 2022]. Sec. 15. Before December 31, 2019, the state seed
675675 24 commissioner, after consultation with the governor, the director of the
676676 25 state department of agriculture, and the superintendent of the state
677677 26 police department, shall submit a plan that monitors and regulates the
678678 27 production of hemp to the United States Department of Agriculture. If
679679 28 the United States Department of Agriculture disapproves the plan, the
680680 29 state seed commissioner shall submit an amended plan to the United
681681 30 States Department of Agriculture.
682682 31 SECTION 18. IC 15-15-13-16, AS ADDED BY P.L.165-2014,
683683 32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
684684 33 JULY 1, 2022]: Sec. 16. (a) The state seed commissioner cannabis
685685 34 compliance commission shall pay all fees collected under this chapter
686686 35 to the treasurer of Purdue University.
687687 36 (b) The board of trustees of Purdue University shall expend the fees
688688 37 on proper vouchers filed with the treasurer of Purdue University. The
689689 38 treasurer shall pay vouchers for the following expenses:
690690 39 (1) The employment of inspectors and seed analysts.
691691 40 (2) Procuring samples.
692692 41 (3) Printing bulletins giving the results of inspection.
693693 42 (4) Any other expenses of the Purdue University agricultural
694694 2022 IN 1049—LS 6404/DI 77 17
695695 1 programs authorized by law and for implementing this chapter.
696696 2 (c) The dean of agriculture of Purdue University shall make and
697697 3 submit a financial report to the governor in such form as the state board
698698 4 of accounts requires, showing the total receipts and expenditures of all
699699 5 fees received under this chapter.
700700 6 (d) Excess funds from the collection of fees under this chapter are
701701 7 subject to IC 15-16-2-36.
702702 8 SECTION 19. IC 15-15-13-17, AS AMENDED BY P.L.190-2019,
703703 9 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
704704 10 JULY 1, 2022]: Sec. 17. (a) The seed commissioner cannabis
705705 11 compliance commission may keep the:
706706 12 (1) names of growers and handlers who are licensed under this
707707 13 chapter; and
708708 14 (2) locations of licensed hemp crops;
709709 15 confidential for purposes of IC 5-14-3.
710710 16 (b) The seed commissioner cannabis compliance commission may
711711 17 share confidential information under subsection (a) with the state
712712 18 police department, law enforcement officers (as defined in
713713 19 IC 35-31.5-2-185), and federal enforcement officers (as defined in
714714 20 IC 35-31.5-2-129).
715715 21 SECTION 20. IC 15-15-13-19, AS ADDED BY P.L.190-2019,
716716 22 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
717717 23 JULY 1, 2022]: Sec. 19. (a) Hemp bud (as defined in IC 35-48-1-17.2)
718718 24 and hemp flower (as defined in IC 35-48-1-17.3) may be sold only to
719719 25 a processor licensed under this chapter.
720720 26 (b) The state seed commissioner cannabis compliance commission
721721 27 may impose a civil penalty under section 13 of this chapter for a
722722 28 violation of subsection (a).
723723 29 SECTION 21. IC 15-15-13-20, AS ADDED BY P.L.190-2019,
724724 30 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
725725 31 JULY 1, 2022]: Sec. 20. (a) A person who knowingly or intentionally
726726 32 violates:
727727 33 (1) a term, condition, or requirement of a license issued; or
728728 34 (2) a rule adopted;
729729 35 under this chapter is subject to a civil penalty, determined by the state
730730 36 seed commissioner, cannabis compliance commission, not to exceed
731731 37 ten thousand dollars ($10,000) per violation. The state seed
732732 38 commissioner cannabis compliance commission may also revoke the
733733 39 license of a person who violates this subsection.
734734 40 (b) A person who knowingly or intentionally:
735735 41 (1) grows hemp;
736736 42 (2) handles hemp; or
737737 2022 IN 1049—LS 6404/DI 77 18
738738 1 (3) sells agricultural hemp seed;
739739 2 not including smokable hemp (as defined by IC 35-48-1-26.6), and is
740740 3 not licensed under this chapter, commits a Class A misdemeanor.
741741 4 SECTION 22. IC 15-16-2-36, AS AMENDED BY P.L.141-2018,
742742 5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
743743 6 JULY 1, 2022]: Sec. 36. (a) Notwithstanding any other law, all excess
744744 7 funds accumulated from the fees collected by:
745745 8 (1) the state chemist, under this chapter, IC 15-15-2, IC 15-16-4,
746746 9 IC 15-16-5, and IC 15-19-7; and
747747 10 (2) the state seed commissioner under IC 15-15-1 and, before
748748 11 July 1, 2022, IC 15-15-13; and
749749 12 (3) after June 30, 2022, the cannabis compliance commission
750750 13 under IC 15-15-13;
751751 14 shall be paid to the treasurer of Purdue University. The funds shall be
752752 15 administered by the board of trustees of Purdue University.
753753 16 (b) On approval of the governor and the budget agency, the board
754754 17 of trustees may spend the excess funds for the construction, operation,
755755 18 rehabilitation, and repair of buildings, structures, or other facilities
756756 19 used for:
757757 20 (1) carrying out the purposes of those chapters referred to in
758758 21 subsection (a) under which the fees are collected; or
759759 22 (2) the agricultural programs authorized by law and in support of
760760 23 the purposes of the chapters referred to in subsection (a).
761761 24 SECTION 23. IC 24-4-21-1, AS AMENDED BY P.L.190-2019,
762762 25 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
763763 26 JULY 1, 2022]: Sec. 1. The following definitions apply throughout this
764764 27 chapter:
765765 28 (1) "Cannabis compliance commission" means the cannabis
766766 29 compliance commission established by IC 7.1-8-2-1.
767767 30 (1) (2) "Certificate of analysis" means a certificate from an
768768 31 independent testing laboratory describing the results of the
769769 32 laboratory's testing of a sample.
770770 33 (2) (3) "Independent testing laboratory" means a laboratory:
771771 34 (A) with respect to which no person having a direct or indirect
772772 35 interest in the laboratory also has a direct or indirect interest
773773 36 in a facility that:
774774 37 (i) processes, distributes, or sells low THC hemp extract, or
775775 38 a substantially similar substance in another jurisdiction;
776776 39 (ii) cultivates, processes, distributes, dispenses, or sells
777777 40 marijuana; or
778778 41 (iii) cultivates, processes, or distributes hemp; and
779779 42 (B) that is accredited as a testing laboratory to International
780780 2022 IN 1049—LS 6404/DI 77 19
781781 1 Organization for Standardization (ISO) 17025 by a third party
782782 2 accrediting body such as the American Association for
783783 3 Laboratory Accreditation (A2LA) or Assured Calibration and
784784 4 Laboratory Accreditation Select Services (ACLASS).
785785 5 (3) (4) "Low THC hemp extract" has the meaning set forth in
786786 6 IC 35-48-1-17.5.
787787 7 SECTION 24. IC 24-4-21-1.5 IS ADDED TO THE INDIANA
788788 8 CODE AS A NEW SECTION TO READ AS FOLLOWS
789789 9 [EFFECTIVE JULY 1, 2022]: Sec. 1.5. (a) The cannabis compliance
790790 10 commission shall administer and enforce this chapter.
791791 11 (b) The cannabis compliance commission may:
792792 12 (1) conduct inspections, review certifications, inspect
793793 13 packaging, and engage in other enforcement actions to ensure
794794 14 compliance with this chapter; and
795795 15 (2) seek injunctions and impose civil penalties to enforce this
796796 16 chapter.
797797 17 SECTION 25. IC 24-4-21-5, AS ADDED BY P.L.153-2018,
798798 18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
799799 19 JULY 1, 2022]: Sec. 5. (a) This section applies after June 30, 2018.
800800 20 (b) A person who distributes low THC hemp extract in violation of
801801 21 this chapter commits a Class B infraction. However, the offense is a
802802 22 Class A infraction if the person has a prior unrelated judgment for a
803803 23 violation of this chapter.
804804 24 (c) These The penalties described in this section are in addition to
805805 25 any:
806806 26 (1) criminal penalties that may be imposed for unlawful
807807 27 possession or distribution of a controlled substance; or
808808 28 (2) civil penalties or injunctive relief imposed by or sought by
809809 29 the cannabis compliance commission.
810810 30 SECTION 26. IC 24-4-22-1, AS AMENDED BY P.L.10-2019,
811811 31 SECTION 106, IS AMENDED TO READ AS FOLLOWS
812812 32 [EFFECTIVE JULY 1, 2022]: Sec. 1. As used in this chapter:
813813 33 (1) "cannabis compliance commission" means the cannabis
814814 34 compliance commission established by IC 7.1-8-2-1; and
815815 35 (2) "low THC hemp extract" has the meaning set forth in
816816 36 IC 35-48-1-17.5.
817817 37 SECTION 27. IC 24-4-22-4, AS ADDED BY P.L.153-2018,
818818 38 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
819819 39 JULY 1, 2022]: Sec. 4. (a) This section applies after June 30, 2018.
820820 40 (b) A person who violates section 3 of this chapter commits a Class
821821 41 C infraction. However, the violation is a Class B infraction if the
822822 42 person has one (1) prior unrelated judgment for a violation of section
823823 2022 IN 1049—LS 6404/DI 77 20
824824 1 3 of this chapter, and a Class A infraction if the person has two (2) or
825825 2 more prior unrelated judgments for a violation of section 3 of this
826826 3 chapter.
827827 4 (c) These The penalties described in this section are in addition to
828828 5 any:
829829 6 (1) criminal penalties that may be imposed for unlawful
830830 7 possession or distribution of a controlled substance; or
831831 8 (2) civil penalties or injunctive relief imposed by or sought by
832832 9 the cannabis compliance commission.
833833 10 SECTION 28. [EFFECTIVE JULY 1, 2022] (a) As used in this
834834 11 SECTION, "cannabis compliance commission" means the cannabis
835835 12 compliance commission established by IC 7.1-8-2-1, as added by
836836 13 this act.
837837 14 (b) On July 1, 2022, all powers, duties, agreements, and
838838 15 liabilities of the state seed commissioner with respect to hemp and
839839 16 industrial hemp are transferred to the cannabis compliance
840840 17 commission, as the successor agency.
841841 18 (c) On July 1, 2022, all records and property of the state seed
842842 19 commissioner relating to hemp and industrial hemp, including
843843 20 appropriations and other funds under the control or supervision of
844844 21 the state seed commissioner that are designated for the hemp and
845845 22 industrial hemp program, are transferred to the cannabis
846846 23 compliance commission, as the successor agency.
847847 24 (d) After June 30, 2022, any amounts owed to the state seed
848848 25 commissioner before July 1, 2022, in connection with hemp and
849849 26 industrial hemp are considered to be owed to the cannabis
850850 27 compliance commission, as the successor agency.
851851 28 (e) After June 30, 2022, a reference to the state seed
852852 29 commissioner in a statute, rule, or other document related to
853853 30 industrial hemp is considered a reference to the cannabis
854854 31 compliance commission, as the successor agency.
855855 32 (f) Any rules adopted under IC 15-11-15-3 or IC 15-15-13 by the
856856 33 state seed commissioner before July 1, 2022, concerning hemp and
857857 34 industrial hemp are considered, after June 30, 2022, rules of the
858858 35 cannabis compliance commission.
859859 36 (g) Proceedings relating to hemp and industrial hemp that are
860860 37 pending before the state seed commissioner on July 1, 2022, shall
861861 38 be transferred from the state seed commissioner to the cannabis
862862 39 compliance commission and treated as if initiated by the cannabis
863863 40 compliance commission.
864864 41 (h) A license or permit relating to hemp and industrial hemp
865865 42 that is issued by the state seed commissioner before July 1, 2022,
866866 2022 IN 1049—LS 6404/DI 77 21
867867 1 shall be treated after June 30, 2022, as a license or permit issued by
868868 2 the cannabis compliance commission.
869869 3 (i) This SECTION expires July 1, 2023.
870870 2022 IN 1049—LS 6404/DI 77