Indiana House Bill HB1311 Introduced / Bill

                     
Introduced Version
HOUSE BILL No. 1311
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 6-2.5-8-7; IC 6-8.1-1-1; IC 6-11; IC 7.1-8;
IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
IC 34-24-1-1; IC 34-30-2-23.5; IC 35-31.5-2-185; IC 35-45-6-1;
IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
Synopsis:  Cannabis legalization. Establishes a procedure for the
lawful production and sale of cannabis in Indiana. Makes conforming
amendments.
Effective:  July 1, 2022.
Ziemke, Bartels, Moed, Summers
January 11, 2022, read first time and referred to Committee on Courts and Criminal Code.
2022	IN 1311—LS 7063/DI 106 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1311
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 6-2.5-8-7, AS AMENDED BY P.L.156-2020,
2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 7. (a) The department may, for good cause, revoke
4 a certificate issued under section 1, 3, or 4 of this chapter. However,
5 the department must give the certificate holder at least five (5) days
6 notice before it revokes the certificate under this subsection. Good
7 cause for revocation may include the following:
8 (1) Failure to:
9 (A) file a return required under this chapter or for any tax
10 collected for the state in trust; or
11 (B) remit any tax collected for the state in trust.
12 (2) Being charged with a violation of any provision under IC 35.
13 (3) Being subject to a court order under IC 7.1-2-6-7,
14 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
15 (4) Being charged with a violation of IC 23-15-12.
16 (5) Operating as a retail merchant where the certificate issued
17 under section 1 of this chapter could have been denied under
2022	IN 1311—LS 7063/DI 106 2
1 section 1(e) of this chapter prior to its issuance.
2 The department may revoke a certificate before a criminal adjudication
3 or without a criminal charge being filed. If the department gives notice
4 of an intent to revoke based on an alleged violation of subdivision (2),
5 the department shall hold a public hearing to determine whether good
6 cause exists. If the department finds in a public hearing by a
7 preponderance of the evidence that a person has committed a violation
8 described in subdivision (2), the department shall proceed in
9 accordance with subsection (i) (if the violation resulted in a criminal
10 conviction) or subsection (j) (if the violation resulted in a judgment for
11 an infraction).
12 (b) The department shall revoke a certificate issued under section
13 1, 3, or 4 of this chapter if, for a period of three (3) years, the certificate
14 holder fails to:
15 (1) file the returns required by IC 6-2.5-6-1; or
16 (2) report the collection of any state gross retail or use tax on the
17 returns filed under IC 6-2.5-6-1.
18 However, the department must give the certificate holder at least five
19 (5) days notice before it revokes the certificate.
20 (c) The department may, for good cause, revoke a certificate issued
21 under section 1 of this chapter after at least five (5) days notice to the
22 certificate holder if:
23 (1) the certificate holder is subject to an innkeeper's tax under
24 IC 6-9; and
25 (2) a board, bureau, or commission established under IC 6-9 files
26 a written statement with the department.
27 (d) The statement filed under subsection (c) must state that:
28 (1) information obtained by the board, bureau, or commission
29 under IC 6-8.1-7-1 indicates that the certificate holder has not
30 complied with IC 6-9; and
31 (2) the board, bureau, or commission has determined that
32 significant harm will result to the county from the certificate
33 holder's failure to comply with IC 6-9.
34 (e) The department shall revoke or suspend a certificate issued
35 under section 1 of this chapter after at least five (5) days notice to the
36 certificate holder if:
37 (1) the certificate holder owes taxes, penalties, fines, interest, or
38 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
39 days after the due date under IC 6-1.1; and
40 (2) the treasurer of the county to which the taxes are due requests
41 the department to revoke or suspend the certificate.
42 (f) The department shall reinstate a certificate suspended under
2022	IN 1311—LS 7063/DI 106 3
1 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
2 or the county treasurer requests the department to reinstate the
3 certificate because an agreement for the payment of taxes and any
4 penalties due under IC 6-1.1 has been reached to the satisfaction of the
5 county treasurer.
6 (g) The department shall revoke a certificate issued under section
7 1 of this chapter after at least five (5) days notice to the certificate
8 holder if the department finds in a public hearing by a preponderance
9 of the evidence that the certificate holder has violated IC 35-45-5-3,
10 IC 35-45-5-3.5, or IC 35-45-5-4.
11 (h) If a person makes a payment for the certificate under section 1
12 or 3 of this chapter with a check, credit card, debit card, or electronic
13 funds transfer, and the department is unable to obtain payment of the
14 check, credit card, debit card, or electronic funds transfer for its full
15 face amount when the check, credit card, debit card, or electronic funds
16 transfer is presented for payment through normal banking channels, the
17 department shall notify the person by mail that the check, credit card,
18 debit card, or electronic funds transfer was not honored and that the
19 person has five (5) days after the notice is mailed to pay the fee in cash,
20 by certified check, or other guaranteed payment. If the person fails to
21 make the payment within the five (5) day period, the department shall
22 revoke the certificate.
23 (i) If the department finds in a public hearing by a preponderance of
24 the evidence that a person has a conviction for an offense under
25 IC 35-48-4 and the conviction involved the sale of or the offer to sell,
26 in the normal course of business, a synthetic drug (as defined in
27 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled
29 substance analog (as defined in IC 35-48-1-9.3), or a substance
30 represented to be a controlled substance (as described in
31 IC 35-48-4-4.6) by a retail merchant in a place of business for which
32 the retail merchant has been issued a registered retail merchant
33 certificate under section 1 of this chapter, the department:
34 (1) shall suspend the registered retail merchant certificate for the
35 place of business for one (1) year; and
36 (2) may not issue another retail merchant certificate under section
37 1 of this chapter for one (1) year to any person:
38 (A) that:
39 (i) applied for; or
40 (ii) made a retail transaction under;
41 the retail merchant certificate suspended under subdivision
42 (1); or
2022	IN 1311—LS 7063/DI 106 4
1 (B) that:
2 (i) owned or co-owned, directly or indirectly; or
3 (ii) was an officer, a director, a manager, or a partner of;
4 the retail merchant that was issued the retail merchant
5 certificate suspended under subdivision (1).
6 (j) If the department finds in a public hearing by a preponderance of
7 the evidence that a person has a judgment for a violation of
8 IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an infraction and
9 the violation involved the sale of or the offer to sell, in the normal
10 course of business, a synthetic drug or a synthetic drug lookalike
11 substance by a retail merchant in a place of business for which the
12 retail merchant has been issued a registered retail merchant certificate
13 under section 1 of this chapter, the department:
14 (1) may suspend the registered retail merchant certificate for the
15 place of business for six (6) months; and
16 (2) may withhold issuance of another retail merchant certificate
17 under section 1 of this chapter for six (6) months to any person:
18 (A) that:
19 (i) applied for; or
20 (ii) made a retail transaction under;
21 the retail merchant certificate suspended under subdivision
22 (1); or
23 (B) that:
24 (i) owned or co-owned, directly or indirectly; or
25 (ii) was an officer, a director, a manager, or a partner of;
26 the retail merchant that was issued the retail merchant
27 certificate suspended under subdivision (1).
28 (k) If the department finds in a public hearing by a preponderance
29 of the evidence that a person has a conviction for a violation of
30 IC 35-48-4-10(d)(3) IC 35-48-4-10(e) and the conviction involved an
31 offense committed by a retail merchant in a place of business for which
32 the retail merchant has been issued a registered retail merchant
33 certificate under section 1 of this chapter, the department:
34 (1) shall suspend the registered retail merchant certificate for the
35 place of business for one (1) year; and
36 (2) may not issue another retail merchant certificate under section
37 1 of this chapter for one (1) year to any person:
38 (A) that:
39 (i) applied for; or
40 (ii) made a retail transaction under;
41 the retail merchant certificate suspended under subdivision
42 (1); or
2022	IN 1311—LS 7063/DI 106 5
1 (B) that:
2 (i) owned or co-owned, directly or indirectly; or
3 (ii) was an officer, a director, a manager, or a partner of;
4 the retail merchant that was issued the retail merchant
5 certificate suspended under subdivision (1).
6 SECTION 2. IC 6-8.1-1-1, AS AMENDED BY P.L.165-2021,
7 SECTION 120, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 1. "Listed taxes" or "taxes" includes
9 only the pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the
10 supplemental wagering tax (IC 4-33-12); the riverboat wagering tax (IC
11 4-33-13); the slot machine wagering tax (IC 4-35-8); the type II
12 gambling game excise tax (IC 4-36-9); the gross income tax (IC 6-2.1)
13 (repealed); the utility receipts and utility services use taxes (IC 6-2.3);
14 the state gross retail and use taxes (IC 6-2.5); the adjusted gross income
15 tax (IC 6-3); the supplemental net income tax (IC 6-3-8) (repealed); the
16 county adjusted gross income tax (IC 6-3.5-1.1) (repealed); the county
17 option income tax (IC 6-3.5-6) (repealed); the county economic
18 development income tax (IC 6-3.5-7) (repealed); the local income tax
19 (IC 6-3.6); the auto rental excise tax (IC 6-6-9); the financial
20 institutions tax (IC 6-5.5); the gasoline tax (IC 6-6-1.1); the special fuel
21 tax (IC 6-6-2.5); the motor carrier fuel tax (IC 6-6-4.1); a motor fuel tax
22 collected under a reciprocal agreement under IC 6-8.1-3; the vehicle
23 excise tax (IC 6-6-5); the aviation fuel excise tax (IC 6-6-13); the
24 commercial vehicle excise tax (IC 6-6-5.5); the excise tax imposed on
25 recreational vehicles and truck campers (IC 6-6-5.1); the hazardous
26 waste disposal tax (IC 6-6-6.6) (repealed); the heavy equipment rental
27 excise tax (IC 6-6-15); the vehicle sharing excise tax (IC 6-6-16); the
28 cigarette tax (IC 6-7-1); the closed system cartridge tax (IC 6-7-2-7.5);
29 the electronic cigarette tax (IC 6-7-4); the cannabis excise tax (IC
30 6-11); the beer excise tax (IC 7.1-4-2); the liquor excise tax (IC
31 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard cider excise tax (IC
32 7.1-4-4.5); the petroleum severance tax (IC 6-8-1); the various
33 innkeeper's taxes (IC 6-9); the various food and beverage taxes (IC
34 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28); the oil
35 inspection fee (IC 16-44-2); the penalties assessed for oversize vehicles
36 (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
37 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
38 fee that the department is required to collect or administer.
39 SECTION 3. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
40 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
41 2022]:
42 ARTICLE 11. CANNABIS EXCISE TAX
2022	IN 1311—LS 7063/DI 106 6
1 Chapter 1. Imposition and Collection of Tax
2 Sec. 1. The following definitions apply throughout this article:
3 (1)"Department" refers to the department of state revenue.
4 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
5 (3)"Retailer permittee" means a person who holds a cannabis
6 retailer permit issued under IC 7.1-8-15.
7 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
8 a rate of ten percent (10%) of the sales price per ounce of cannabis.
9 This tax shall be paid to the department by the retailer permittee
10 who sells the cannabis.
11 Sec. 3. (a) Every person subject to the tax under this article shall
12 remit the tax owed to the department before the fifteenth day of
13 the month following the month in which the cannabis is sold.
14 (b) The department shall prescribe the return to be filed for the
15 payment of the tax.
16 Sec. 4. The amounts received from the tax imposed by this
17 article shall be transferred by the auditor of state to the cannabis
18 regulation fund established by IC 7.1-8-2-10.
19 Sec. 5. The department has full power to administer and enforce
20 this chapter, to collect all taxes and penalties due, and to dispose of
21 taxes and penalties so collected as provided by law. The tax is a
22 listed tax for purposes of IC 6-8.1.
23 Sec. 6. Except as otherwise provided in this article, a tax
24 imposed under this chapter shall be imposed, paid, and collected in
25 the same manner that the state gross retail tax is imposed, paid,
26 and collected under IC 6-2.5.
27 Sec. 7. The department shall adopt rules under IC 4-22-2 to
28 implement this article.
29 SECTION 4. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
30 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
31 2022]:
32 ARTICLE 8. CANNABIS
33 Chapter 1. Definitions
34 Sec. 1. The following definitions apply throughout this article
35 unless the context clearly requires otherwise:
36 (1) "Applicant" means a person who applies for a permit
37 under this article.
38 (2) "Batch" means cannabis plants that have been grown
39 together.
40 (3) "Cannabis" means any part of the plant genus Cannabis
41 whether growing or not, the seeds thereof, and any compound,
42 manufacture, salt, derivative, mixture, or preparation of the
2022	IN 1311—LS 7063/DI 106 7
1 plant or its seeds. However, the term does not include:
2 (A) the mature stalks of the plant;
3 (B) fiber produced from the stalks;
4 (C) oil or cake made from the seeds of the plant;
5 (D) any other compound, manufacture, salt, derivative,
6 mixture, or preparation of the mature stalks (except the
7 resin extracted therefrom);
8 (E) the sterilized seed of the plant which is incapable of
9 germination;
10 (F) hemp (as defined in IC 15-15-13-6);
11 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
12 or
13 (H) smokable hemp (as defined in IC 35-48-1-26.6).
14 (4) "Cannabis canopy" means the surface area utilized to
15 grow cannabis plants calculated in square feet and measured
16 using the outside boundaries of any area that includes
17 cannabis plants, including all of the space within the
18 boundaries.
19 (5) "Cannabis permittee" means an individual, partnership,
20 company, or corporation permitted to grow, process,
21 transport, or sell cannabis for commercial purposes in
22 Indiana. However, the term does not include a person who
23 grows cannabis for personal use.
24 (6) "Carrier" means a person who is engaged in the
25 transportation of cannabis or cannabis products between a
26 grower, a processor, and a retailer and holds a permit issued
27 under IC 7.1-8-14.
28 (7) "Commission" means the cannabis commission established
29 by IC 7.1-8-2-1.
30 (8) "Crop" means any cannabis grown under a single permit.
31 (9) "Grower" means an individual, partnership, company, or
32 corporation that produces cannabis for commercial purposes
33 and that holds a permit issued under IC 7.1-8-12.
34 (10) "Integrated permittee" means a permittee who holds a
35 grower permit, a processor permit, and a retailer permit.
36 (11) "Permit" means a written authorization issued by the
37 commission entitling the holder to grow, process, transport,
38 sell, test, or otherwise deal in cannabis, as provided in this
39 article.
40 (12) "Permittee" means a person who holds a valid permit
41 under this article, including an agent of, employee of, or
42 another person acting on behalf of, a permittee.
2022	IN 1311—LS 7063/DI 106 8
1 (13) "Personally cultivate" means to grow cannabis for
2 personal household use.
3 (14) "Processor" means an individual, partnership, company,
4 or corporation holding a permit issued under IC 7.1-8-13 that
5 obtains cannabis from a grower and:
6 (A) extracts botanical compounds or cannabinoids from
7 the cannabis;
8 (B) creates a cannabis infused product; or
9 (C) prepares or packages cannabis for retail sale for sale
10 or transfer.
11 (15) "Retailer" means an individual, partnership, company,
12 or corporation that holds a permit under IC 7.1-8-15 and that,
13 in the ordinary course of the person's regular trade or
14 business:
15 (A) acquires any form of cannabis for the purpose of
16 resale; and
17 (B) transfers the cannabis to another person for money or
18 other consideration.
19 (16) "Statewide monitoring system" means the statewide
20 cannabis tracking and monitoring system established under
21 IC 7.1-8-17.
22 Chapter 2. Cannabis Commission
23 Sec. 1. The cannabis commission is established.
24 Sec. 2. The commission consists of:
25 (1) five (5) voting members appointed by the governor with
26 the advice and consent of the legislative council; and
27 (2) the executive director of the commission or the executive
28 director's designee, who serves ex officio as a nonvoting
29 member.
30 Sec. 3. (a) A commissioner is eligible for reappointment.
31 (b) Not more than three (3) commissioners may be members of
32 the same political party.
33 (c) A commissioner shall be appointed to a four (4) year term
34 and may be removed only for cause. An appointment to fill a
35 vacancy shall be made in the same manner that an original
36 appointment is made. A member appointed to fill a vacancy in the
37 membership of the commission may serve only for the unexpired
38 portion of the original, vacated term, but may be reappointed.
39 Sec. 4. To be eligible for appointment as a commissioner an
40 individual must have the following qualifications:
41 (1) The individual may not be employed by the state in any
42 other capacity.
2022	IN 1311—LS 7063/DI 106 9
1 (2) The individual must have been an Indiana resident for at
2 least ten (10) years immediately preceding the appointment.
3 (3) The individual may not have a financial interest in a
4 cannabis permittee or in an entity governed by:
5 (A) this title;
6 (B) IC 4-29;
7 (C) IC 4-29.5;
8 (D) IC 4-31;
9 (E) IC 4-32.3;
10 (F) IC 4-33;
11 (G) IC 4-35; or
12 (H) IC 4-36.
13 (4) The individual may not have been convicted within ten
14 (10) years before the date of appointment of:
15 (A) a federal crime having a sentence of greater than one
16 (1) year;
17 (B) a Class A, Class B, or Class C felony (for a crime
18 committed before July 1, 2014) or a Level 1, Level 2, Level
19 3, Level 4, or Level 5 felony (for a crime committed after
20 June 30, 2014); or
21 (C) a crime in another state that is substantially similar to
22 a crime described in clause (B).
23 Sec. 5. As compensation for services, each commissioner is
24 entitled to the minimum salary per diem provided by
25 IC 4-10-11-2.1(b). A commissioner is also entitled to
26 reimbursement for traveling expenses as provided under
27 IC 4-13-1-4 and other expenses actually incurred in connection
28 with the commissioner's duties as provided in the state policies and
29 procedures established by the Indiana department of
30 administration and approved by the budget agency.
31 Sec. 6. (a) Each commissioner shall execute a surety bond in the
32 amount of ten thousand dollars ($10,000), with surety approved by
33 the governor, and an oath of office, both of which shall be filed in
34 the office of the secretary of state.
35 (b) The required surety bond executed and filed on behalf of a
36 commissioner, an enforcement officer (under IC 7.1-8-5), or the
37 prosecutor (under IC 7.1-8-3) shall be made payable to the State of
38 Indiana and conditioned upon the faithful discharge of the bonded
39 party's respective duties.
40 Sec. 7. The commission shall hold regular meetings on a
41 quarterly basis at a minimum. The commission may hold special
42 meetings whenever the commission deems it necessary. The
2022	IN 1311—LS 7063/DI 106 10
1 procedure for the calling of a special meeting shall be provided for
2 in the rules of the commission. The commission has the power to
3 adjourn, from time to time, both regular and special meetings. In
4 no event, however, shall the adjournment be later than the next
5 regular meeting date.
6 Sec. 8. (a) Three (3) members of the commission constitute a
7 quorum for the transaction of business.
8 (b) Each commissioner has one (1) vote.
9 (c) Action of the commission may be taken only upon the
10 affirmative votes of at least two (2) commissioners. If a vote of the
11 commission is a tie, the position for which the chairperson voted
12 prevails, as long as that position has received the affirmative votes
13 of at least two (2) commissioners.
14 Sec. 9. A commissioner may not solicit or accept a political
15 contribution from any person or entity that has a permit or has
16 applied for a permit issued by the commission. However, the right
17 of a commissioner to vote as the commissioner chooses and to
18 express the commissioner's opinions on political subjects and
19 candidates may not be impaired.
20 Sec. 10. (a) As used in this section, "fund" means the cannabis
21 regulation fund established by subsection (b).
22 (b) The cannabis regulation fund is established for the purpose
23 of implementing, administering, and enforcing this article. The
24 fund shall be administered by the commission.
25 (c) The fund consists of taxes, fees, and civil penalties collected
26 under this article.
27 (d) The expenses of administering the fund shall be paid from
28 money in the fund.
29 (e) The treasurer of state shall invest the money in the fund not
30 currently needed to meet the obligations of the fund in the same
31 manner as other public money may be invested. Interest that
32 accrues from these investments shall be deposited in the fund.
33 (f) Money in the fund at the end of a state fiscal year does not
34 revert to the state general fund. However, the treasurer shall
35 distribute money in the fund at the end of a state fiscal year as
36 follows:
37 (1) Fifteen percent (15%) to prosecuting attorneys in counties
38 in which a cannabis retail facility is located, allocated in
39 proportion to the number of cannabis retail facilities within
40 the county as compared to the total number of cannabis retail
41 facilities in Indiana.
42 (2) Fifteen percent (15%) to cities, towns, and counties (if a
2022	IN 1311—LS 7063/DI 106 11
1 facility is not located in a city or town) in which a cannabis
2 growing facility, processing facility, or retail facility is
3 located, allocated in proportion to the number of growing
4 facilities, processing facilities, and retail facilities in Indiana.
5 (3) Twenty percent (20%) to the state department of health to
6 be used to develop, in consultation with the department of
7 education, a cannabis abuse prevention and education
8 program for youth.
9 (4) Twenty-five percent (25%) to the state department of
10 health for use by the division of mental health and addiction.
11 (5) Twenty-five percent (25%) to the state police department.
12 Chapter 3. Office of the Prosecutor
13 Sec. 1. The office of the prosecutor is established within the
14 commission.
15 Sec. 2. The prosecutor shall be appointed by the governor for a
16 term of four (4) years to be served at the pleasure of the governor.
17 The prosecutor must be a resident of Indiana and licensed to
18 practice law in Indiana.
19 Sec. 3. The prosecutor shall execute a surety bond in the amount
20 of five thousand dollars ($5,000), with surety approved by the
21 governor, and an oath of office, both of which shall be filed in the
22 office of the secretary of state.
23 Sec. 4. As compensation for services, the prosecutor shall
24 receive an annual salary to be fixed in the same manner that the
25 salaries of other state officials are fixed. In addition to the annual
26 salary, the prosecutor shall be reimbursed for traveling and other
27 expenses necessarily incurred while away from the office carrying
28 out prosecutorial duties.
29 Sec. 5. The prosecutor has the following powers and duties:
30 (1) To prosecute before the commission all violations of laws
31 pertaining to cannabis or cannabis products.
32 (2) To prosecute before the commission all violations of the
33 rules of the commission.
34 (3) To assist the prosecuting attorneys of the various judicial
35 circuits in the investigation and prosecution of violations of
36 laws pertaining to cannabis or cannabis products.
37 (4) To appear before grand juries to assist in their
38 investigations into matters pertaining to cannabis or cannabis
39 products.
40 (5) To establish a seal of office.
41 (6) To administer oaths and to do all other acts authorized by
42 law for notaries public.
2022	IN 1311—LS 7063/DI 106 12
1 (7) To employ, with the consent of the commission and at
2 salaries fixed by the commission in its budget, the clerical staff
3 required to effectively discharge the duties of the prosecutor.
4 Sec. 6. The commission shall provide the prosecutor with
5 appropriate office space and all necessary office supplies and
6 services. All claims for salaries and necessary expenses of the office
7 of the prosecutor shall be allowed and approved and paid by the
8 commission.
9 Chapter 4. Executive Director
10 Sec. 1. The commission shall employ an executive director to aid
11 the commission in the efficient administration of its powers and
12 duties.
13 Sec. 2. The executive director's compensation shall be approved
14 annually by the commission.
15 Sec. 3. The commission may by resolution assign to the executive
16 director any duty imposed upon the commission by this article.
17 Sec. 4. The executive director shall perform the duties assigned
18 to the executive director by the commission. The executive director
19 may exercise any power conferred upon the commission by this
20 article that is consistent with the duties assigned to the executive
21 director under this chapter.
22 Sec. 5. In addition to any salary paid under this chapter, the
23 executive director is entitled to reimbursement for traveling
24 expenses and other expenses actually incurred in connection with
25 the executive director's duties, as provided in the state travel
26 policies and procedures established by the department of
27 administration and approved by the budget agency.
28 Chapter 5. Enforcement Officers
29 Sec. 1. The commission may employ a superintendent of the
30 enforcement officers and qualified individuals to serve as
31 enforcement officers of the commission.
32 Sec. 2. The superintendent of the enforcement officers must
33 have had at least ten (10) years experience as an active law
34 enforcement officer, at least five (5) years of which must have been
35 in a management capacity.
36 Sec. 3. An enforcement officer who has completed the required
37 training at the Indiana law enforcement academy is vested with full
38 police powers and duties to enforce:
39 (1) the provisions of this article; and
40 (2) any other Indiana law relating to cannabis and cannabis
41 products.
42 Sec. 4. An enforcement officer may issue a summons for
2022	IN 1311—LS 7063/DI 106 13
1 infraction or misdemeanor violations if the defendant promises to
2 appear by signing the summons. A defendant who fails to appear
3 is subject to the penalties provided by IC 35-44.1-2-10. Upon
4 failure to appear, the court shall issue a warrant for the arrest of
5 the defendant.
6 Sec. 5. An enforcement officer may act as an officer for the
7 arrest of offenders against Indiana law if the enforcement officer
8 reasonably believes that a crime is or is about to be committed or
9 attempted in the enforcement officer's presence.
10 Sec. 6. Each enforcement officer shall execute a surety bond in
11 the amount of one thousand dollars ($1,000), with surety approved
12 by the commission, and an oath of office, both of which shall be
13 filed with the executive secretary of the commission.
14 Sec. 7. An eligible enforcement officer who retires with at least
15 twenty (20) years of service as an enforcement officer may retain
16 the officer's service weapon. The officer is entitled to receive, in
17 recognition of the officer's service to the commission and to the
18 public, a badge that indicates that the officer is retired. The
19 commission shall issue the officer who is retiring an identification
20 card stating the officer's name and rank, signifying that the officer
21 is retired, and noting the officer's authority to retain the service
22 weapon.
23 Sec. 8. The commission has the power to employ and remove at
24 will all necessary employees, and to fix their duties, authority, and,
25 with proper approval, their compensation.
26 Sec. 9. The superintendent of the enforcement officers may
27 discharge a nonprobationary enforcement officer for just cause.
28 The commission shall adopt rules to establish a probationary
29 period and a procedure for the adjudication of the propriety of the
30 discharge of a nonprobationary enforcement officer.
31 Sec. 10. (a) The commission shall categorize salaries of
32 enforcement officers within each rank based upon the rank held
33 and the number of years of service in the commission through the
34 twentieth year. The salary ranges that the commission assigns to
35 each rank shall be divided into a base salary and twenty (20)
36 increments above the base salary with:
37 (1) the base salary in the rank paid to a person with less than
38 one (1) year of service in the commission; and
39 (2) the highest salary in the rank paid to a person with at least
40 twenty (20) years of service in the commission.
41 (b) The salary matrix prescribed by this section shall be
42 reviewed and approved by the budget agency before
2022	IN 1311—LS 7063/DI 106 14
1 implementation.
2 (c) The salary matrix prescribed by this section must have
3 parity with the salary matrix prescribed by the natural resources
4 commission under IC 14-9-8 for conservation officers of the
5 department of natural resources. The budget agency shall approve
6 a salary matrix that meets the parity requirement of this
7 subsection.
8 Chapter 6. Duties and Responsibilities of the Commission
9 Sec. 1. The chairperson is the presiding officer at the meetings
10 of the commission. The chairperson, together with the executive
11 director, shall prepare, certify, and authenticate all proceedings,
12 minutes, records, and rules of the commission. The chairperson or
13 the chairperson's designee also shall perform all other duties as
14 imposed by this article.
15 Sec. 2. The commission has the power to organize its work and
16 carry on the functions of the commission and to enforce and
17 administer the provisions of this chapter and the rules of the
18 commission.
19 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
20 power to prescribe the forms for all applications, permits, licenses,
21 certificates, and other documents and records used in the
22 administration of this chapter.
23 Sec. 4. The commission has the power to:
24 (1) hold hearings before the commission or its representative;
25 (2) take testimony and receive evidence;
26 (3) conduct inquiries with or without hearings;
27 (4) receive reports of investigators or other governmental
28 officers and employees;
29 (5) administer oaths;
30 (6) subpoena witnesses and to compel them to appear and
31 testify;
32 (7) issue and enforce subpoenas duces tecum;
33 (8) take or institute proceedings to enforce subpoenas, and the
34 rules, orders, or requirements of the commission or its
35 representative;
36 (9) fix the compensation paid to witnesses appearing before
37 the commission;
38 (10) establish and use the seal of the commission;
39 (11) certify copies of records of the commission or any other
40 document or record on file with the commission;
41 (12) fix the form, mode, manner, time, and number of times
42 for the posting or publication of any required notices if not
2022	IN 1311—LS 7063/DI 106 15
1 otherwise provided in this chapter;
2 (13) issue letters of extension as authorized by this chapter;
3 and
4 (14) hold permits on deposit as authorized by this chapter.
5 Sec. 5. (a) The commission shall prepare a quarterly report that
6 describes the violations by permittees subject to an enforcement
7 action under this article. Beginning in January 2023, the
8 commission shall issue the quarterly reports on or before the
9 fifteenth day of:
10 (1) January, concerning violations committed during the
11 preceding quarter consisting of the months of October
12 through December;
13 (2) April, concerning violations committed during the
14 preceding quarter consisting of the months of January
15 through March;
16 (3) July, concerning violations committed during the
17 preceding quarter consisting of the months of April through
18 June; and
19 (4) October, concerning violations committed during the
20 preceding quarter consisting of the months of July through
21 September.
22 (b) The commission's quarterly report must provide
23 noncompliance violations by:
24 (1) business listing;
25 (2) permit type; and
26 (3) county.
27 (c) The commission shall post the quarterly reports on the
28 commission's Internet web site. The commission shall:
29 (1) prepare a report annually that compiles the violations for
30 the preceding calendar year; and
31 (2) provide the report to the legislative council not later than
32 February 1 of each year in an electronic format under
33 IC 5-14-6.
34 Sec. 6. The commission has the authority to petition the circuit
35 or superior court of the county in which the hearing or
36 investigation is being held to compel obedience to the lawful
37 requirements of its subpoena under this chapter.
38 Sec. 7. The commission is responsible for the enforcement and
39 administration of this article.
40 Sec. 8. The commission shall adopt rules in accordance with
41 IC 4-22-2 to implement and administer this article.
42 Sec. 9. The commission has the power to adopt rules governing
2022	IN 1311—LS 7063/DI 106 16
1 the following:
2 (1) The conduct of the meetings and business of the
3 commission.
4 (2) The conduct of hearings before any of the commission's
5 representatives.
6 (3) The conduct of the business of a permittee authorized or
7 governed by the provisions of this article.
8 (4) The enforcement of the provisions of this article and of the
9 rules of the commission.
10 (5) The standards of purity and methods of processing used in
11 the production of cannabis and cannabis products.
12 (6) The prevention of misbranding or adulteration of cannabis
13 and cannabis products.
14 (7) The prevention of fraud, evasion, trickery, or deceit in the
15 processing, labeling, advertisement, transportation, or sale of
16 cannabis or cannabis products, or the evasion of other
17 Indiana law relating to cannabis or cannabis products.
18 Chapter 7. Regulation of Permits and Permittees
19 Sec. 1. The commission has the discretionary authority to issue,
20 deny, suspend, revoke, or not renew all permits and certificates
21 authorized by this article, unless the exercise of discretion or
22 authority is limited by applicable provisions of this article.
23 Sec. 2. (a) The commission shall prepare and maintain, available
24 for public inspection, a registry of all permits issued by the
25 commission, categorized by type of permit and by the type of
26 establishment to which the permit is issued. The registry of permits
27 must:
28 (1) be subdivided on a county by county basis, and further
29 subdivided by city, town, and unincorporated area;
30 (2) contain the number of permits authorized by the quota,
31 and the number of permits currently issued;
32 (3) contain the name of the owner of the permit, the address
33 of the permitted premises, the assumed business name under
34 which the business is conducted, and, if a corporation, the
35 names of the president and secretary; and
36 (4) be made current annually, to indicate by specific notation
37 any new permits that were issued or any existing permits that
38 were transferred in any manner within the prior year.
39 (b) The registry of permits is a public record.
40 Sec. 3. The commission has the power to investigate applicants
41 and permittees, and any violation of a provision of this article and
42 of the rules of the commission, and to report its findings to the
2022	IN 1311—LS 7063/DI 106 17
1 prosecuting attorney or the grand jury of the county in which the
2 violation occurred, or to the attorney general.
3 Sec. 4. The commission has the power to prohibit the sale,
4 transportation, or movement of cannabis when, in the judgment of
5 the commission, it is necessary during a time of public emergency,
6 civil disturbance, riot, or epidemic. The prohibition may be
7 imposed without prior notice or advertisement and may be
8 continued in force as long as the need continues.
9 Sec. 5. (a) The commission has the power to examine, inspect,
10 and search a permitted premises or a vehicle where cannabis or
11 cannabis products are kept, processed, or sold.
12 (b) The commission has the power to seize cannabis or cannabis
13 products, or any other personal property when the seizure is lawful
14 under the provisions of this article.
15 Sec. 6. The commission has the power to prevent a part of the
16 premises connected with, or in any way used in connection with, a
17 permitted premises, from being used as a subterfuge or means of
18 evading the provisions of this article or of the rules of the
19 commission.
20 Sec. 7. The commission has the power to set standards of
21 cleanliness and sanitation for a permitted premises and for the
22 apparatus, equipment, utensils, accessories, articles, and fixtures
23 used or employed in the permitted premises.
24 Sec. 8. The commission has the power to require the destruction
25 or removal of cases, containers, apparatus, or devices, used or
26 likely to be used, in evading, violating, or preventing the
27 enforcement of the provisions of this article or of the rules of the
28 commission.
29 Sec. 9. (a) The commission has the power to regulate and
30 prohibit advertising, signs, displays, posters, and designs intended
31 to advertise cannabis, a cannabis product, or the place where
32 cannabis or cannabis products are sold.
33 (b) The commission may not exercise the prohibition power
34 contained in subsection (a) as to any advertisement broadcast over
35 licensed radio and television stations.
36 (c) All advertisements relating to cannabis or cannabis products
37 must conform to the rules of the commission.
38 (d) The commission shall not exercise the prohibition power
39 contained in subsection (a) as to advertising in the official program
40 of the Indianapolis 500 Race.
41 (e) Notwithstanding any other law, the commission may not
42 prohibit the use of an illuminated sign advertising cannabis or
2022	IN 1311—LS 7063/DI 106 18
1 cannabis products by brand name that is displayed within the
2 interior or on the exterior of the premises covered by the permit,
3 regardless of whether the sign is illuminated constantly or
4 intermittently.
5 (f) The commission may not prohibit the advertisement of:
6 (1) cannabis or cannabis products; or
7 (2) a place where cannabis or cannabis products may be
8 obtained;
9 in a program, scorecard, handbill, throw-away newspaper, or
10 menu. However, advertisements described in this subsection must
11 conform to the rules of the commission.
12 (g) Cannabis or cannabis products must be marketed or
13 advertised as "cannabis" for use only by persons at least
14 twenty-one (21) years of age.
15 (h) Cannabis or cannabis products may not be marketed or
16 advertised to persons less than twenty-one (21) years of age. The
17 commission shall determine whether a sponsorship is marketed or
18 advertised to a person less than twenty-one (21) years of age.
19 (i) Cannabis or cannabis products may not be advertised on any
20 television program, radio program, Internet web site, or print
21 publication unless there is reliable evidence that seventy percent
22 (70%) of the audience is reasonably expected to be at least
23 twenty-one (21) years of age.
24 (j) Any cannabis or cannabis products advertised must bear a
25 warning label stating the following:
26 "For use by adults only. Keep out of reach of children. It is
27 illegal to drive a motor vehicle while under the influence of
28 cannabis. National Poison Control Center 1-800-222-1222.".
29 Sec. 10. (a) As used in this section, "facility" includes the
30 following:
31 (1) A facility permitted under this article.
32 (2) A tract that contains a premises permitted under this
33 article.
34 (3) A horse track or satellite facility.
35 (4) A riverboat or racetrack.
36 (5) A tract that contains an entertainment complex.
37 (b) As used in this section, "tract" has the meaning set forth in
38 IC 6-1.1-1-22.5.
39 (c) A facility may advertise cannabis or cannabis products:
40 (1) in the facility's interior; or
41 (2) on the facility's exterior.
42 (d) The commission may not exercise the prohibition power
2022	IN 1311—LS 7063/DI 106 19
1 contained in this chapter on advertising by a permittee in or on a
2 facility.
3 (e) A facility may provide advertising to a permittee in exchange
4 for compensation from that permittee.
5 Sec. 11. The commission has the power to require the
6 registration of all brands, formulas, analyses, labels used, or
7 proposed to be used in selling or advertising cannabis or cannabis
8 products. The commission does not have the power to require the
9 disclosure of formulas that are verified trade secrets.
10 Sec. 12. The commission has the power to regulate the modes
11 and methods of dealing in, and the transportation of, cannabis and
12 cannabis products.
13 Sec. 13. The commission has the power to:
14 (1) prescribe the manner and methods by which all records
15 relating to cannabis or cannabis products are kept and
16 preserved;
17 (2) inspect all records relating to cannabis or cannabis
18 products; and
19 (3) require true copies of any record to be made and furnished
20 to the commission.
21 Sec. 14. The commission may require that, before the
22 transportation of cannabis or cannabis products into Indiana by an
23 authorized permittee, the permittee shall submit written, verified
24 information concerning the proposed transportation and execute
25 and file any documents required. The commission has the power to
26 inspect the shipments in transit and the vehicle used in the
27 transportation.
28 Sec. 15. The commission, unless otherwise specifically
29 prohibited, may delegate the powers and duties conferred on it in
30 this article to responsible employees of the commission. However,
31 the commission bears ultimate responsibility.
32 Sec. 16. The members of the commission and their officers and
33 employees are immune from civil liability for an act or omission
34 done under the authority, or the color of authority, conferred by
35 this article or by a rule or order of the commission, unless the act
36 or omission constitutes gross negligence or willful or wanton
37 misconduct.
38 Sec. 17. The commission and the chairperson have, in addition
39 to the express powers enumerated in this article, the authority to
40 exercise all powers necessary and proper to carry out the policies
41 of this article and to promote efficient administration by the
42 commission.
2022	IN 1311—LS 7063/DI 106 20
1 Chapter 8. Searches and Seizures
2 Sec. 1. A circuit or superior court may issue a warrant to search
3 a house or other place for cannabis, cannabis products, or another
4 article that is being possessed, kept, sold, bartered, given away,
5 used, or transported in violation of this article.
6 Sec. 2. The warrant shall be directed to the officer, agent, or
7 employee of the commission who filed the affidavit for the warrant
8 and otherwise it shall be directed to any officer who has the power
9 to serve criminal process. The warrant shall be served by the
10 person to whom it was issued in the daytime or nighttime and the
11 return made within twenty (20) days from the date of issue.
12 Sec. 3. The officer who serves the warrant shall seize any article
13 described in the warrant and any other article found during the
14 search that is used in the violation of a provision of this article and
15 hold in the same manner as other items seized pursuant to a search
16 warrant are held.
17 Sec. 4. A person has no property right of any kind in:
18 (1) cannabis or a cannabis product possessed contrary to law;
19 (2) a receptacle or container holding cannabis or a cannabis
20 product possessed contrary to law;
21 (3) an unlawful or prohibited receptacle or container; or
22 (4) a receptacle or container that violates a rule of the
23 commission or that is being used in a manner that violates a
24 rule of the commission.
25 Sec. 5. Testimony concerning the appearance, taste, or odor of
26 cannabis or a cannabis product is admissible as evidence in a
27 criminal prosecution or in a proceeding before the commission.
28 Sec. 6. An unbroken cannabis container with a label altered so
29 that it does not describe the cannabis accurately is admissible as
30 evidence in a court.
31 Sec. 7. The court shall receive oral testimony upon a matter
32 referred to in this chapter for the purpose of showing a violation of
33 this article whether the container is offered in evidence or not.
34 Sec. 8. (a) If a substance is removed or destroyed before it is
35 able to be seized under this chapter, the trier of fact may infer that
36 the substance was cannabis or a cannabis product possessed in
37 violation of this article.
38 (b) Proof of the possession of an empty container permits a trier
39 of fact to infer that the person who possessed the container
40 possessed cannabis.
41 Chapter 9. Public Nuisances
42 Sec. 1. The following are declared to be a public nuisance:
2022	IN 1311—LS 7063/DI 106 21
1 (1) A premises, vehicle, or place of any kind where at least one
2 (1) of the following occurs:
3 (A) Cannabis or a cannabis product of any type is
4 possessed in violation of Indiana law or a rule of the
5 commission.
6 (B) A person is permitted to use the premises, vehicle, or
7 place for the purpose of consuming cannabis or cannabis
8 products in violation of Indiana law or a rule of the
9 commission.
10 (2) A place where cannabis or cannabis products are kept for
11 delivery in violation of Indiana law or in violation of a rule of
12 the commission.
13 (3) The business property of a person who knowingly or
14 intentionally possesses cannabis or cannabis products in
15 violation of Indiana law or a rule of the commission.
16 Sec. 2. The plaintiff in an action to abate a public nuisance
17 under this chapter must prove that the owner of the business had
18 actual knowledge of the actions alleged to constitute a nuisance.
19 Sec. 3. In determining whether an owner should be held liable
20 for failing to abate a public nuisance under this chapter, the court
21 shall consider the efforts the owner took to abate the public
22 nuisance, including whether the law enforcement agency that
23 serves the owner's property was notified by the owner or the
24 owner's employee of the actions alleged to constitute the public
25 nuisance.
26 Sec. 4. If a permittee violates this article on a premises or in a
27 vehicle where cannabis or a cannabis product is kept, the premises
28 or vehicle is a public nuisance.
29 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
30 and the premises or vehicle where it is kept constitute a public
31 nuisance.
32 Sec. 6. (a) The following may bring an action to abate a common
33 nuisance or a violation of this article:
34 (1) The commission.
35 (2) The chairperson of the commission.
36 (3) The attorney general.
37 (4) The prosecuting attorney exercising jurisdiction in the
38 county where the common nuisance or violation occurs.
39 (5) A permittee.
40 (6) A resident of the county where the common nuisance or
41 violation occurs.
42 (b) The court may grant a temporary restraining order, a
2022	IN 1311—LS 7063/DI 106 22
1 preliminary injunction, a permanent injunction, and any other
2 relief authorized under Indiana law.
3 Sec. 7. A prevailing plaintiff in an action brought to abate a
4 nuisance is entitled to, at the discretion of the court:
5 (1) an order that the premises be closed for a period of one (1)
6 year; or
7 (2) an order that the premises be closed for a period of less
8 than one (1) year and an award of liquidated damages in an
9 amount of not less than one thousand dollars ($1,000) and not
10 more than twenty-five thousand dollars ($25,000) to the State
11 of Indiana.
12 Sec. 8. An action authorized by this chapter shall be brought in
13 the name of the state on the relation of the commission. The
14 commission may be represented by an attorney selected by it, or by
15 the attorney general, or by a deputy or assistant attorney general
16 assigned by the attorney general for the purpose of instituting or
17 conducting the action, or by both.
18 Sec. 9. The remedies authorized by this chapter are cumulative
19 and nonexclusive. The remedies provided in this article do not
20 affect the power of the commission to revoke a permit.
21 Chapter 10. Jurisdiction and Miscellaneous Judicial
22 Proceedings
23 Sec. 1. An action brought against the commission, or against the
24 chairperson as the chairperson, shall be brought in the circuit or
25 superior court of Marion County unless otherwise specifically
26 provided in this article.
27 Sec. 2. The commission may bring an action for declaratory
28 judgment under IC 34-14-1-1.
29 Chapter 11. Issuance of Permits Generally
30 Sec. 1. (a) The commission may issue only the types of permits
31 authorized by this article subject to the applicable provisions of
32 this article.
33 (b) Beginning January 1, 2023, the commission shall accept
34 applications for cannabis permits.
35 Sec. 2. A permit:
36 (1) is a revocable privilege granted by the state; and
37 (2) is not a property right.
38 Sec. 3. The commission may issue a permit under this article
39 only to:
40 (1) an individual;
41 (2) a partnership;
42 (3) a limited liability company; or
2022	IN 1311—LS 7063/DI 106 23
1 (4) a corporation organized and existing under Indiana law.
2 Sec. 4. The following definitions apply throughout this chapter:
3 (1) "Minority" means a person identified as:
4 (A) Black;
5 (B) Native American;
6 (C) Asian American; or
7 (D) Hispanic.
8 (2) "Owned and controlled" means:
9 (A) ownership of at least fifty-one percent (51%) of the
10 enterprise, including corporate stock of a corporation;
11 (B) control over the management and being active in the
12 day to day operations of the business; and
13 (C) an interest in the capital, assets, and profits and losses
14 of the business proportionate to the percentage of
15 ownership.
16 (3) "Veteran" means an individual who:
17 (1) has previously:
18 (A) served on active duty in any branch of the armed
19 forces of the United States or their reserves, or in the
20 national guard; and
21 (B) received an honorable discharge from service; or
22 (2) is currently serving in:
23 (A) any branch of the armed forces of the United States
24 or their reserves; or
25 (B) the national guard.
26 Sec. 5. (a) Except as provided in subsection (b), the commission
27 shall issue not less than fifteen percent (15%) of allowable permits
28 under this article to businesses owned and controlled by one (1) or
29 more:
30 (1) minorities; or
31 (2) veterans.
32 (b) If an insufficient number of qualifying applications are by a
33 person described in subsection (a), the commission shall issue
34 permits in the usual way.
35 Sec. 6. (a) Except as otherwise provided in this article, a permit
36 issued by the commission is valid for one (1) calendar year,
37 including the day upon which it is granted. At the end of the one (1)
38 year period, the permit expires and is void.
39 (b) The commission shall timely process a permittee's
40 application for renewal of a permit unless the permittee receives a
41 notice of a violation from the office of the prosecutor.
42 (c) The commission may timely process an application for
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1 renewal of a permit filed by a permittee that receives notice of a
2 violation as described in subsection (f) if the chairperson or the
3 chairperson's designee authorizes the application for renewal of
4 the permit to be timely processed.
5 (d) A permittee may file an application for renewal of a permit
6 not later than thirty (30) days after the date the permit expires.
7 (e) If a permittee does not file an application for renewal of a
8 permit within the time provided in subsection (d), the permit
9 reverts to the commission. At least thirty (30) days before the date
10 that a permit reverts to the commission, the commission shall
11 provide written notice to the permittee informing the permittee of
12 the date that the permittee's permit will revert to the commission.
13 (f) The chairperson or the chairperson's designee may allow the
14 permittee to renew the permit after the date the permit expires
15 only if the permittee provides evidence that the permittee is
16 engaged in an administrative or court proceeding that prevents the
17 permittee from renewing the permit.
18 (g) A permit is effective upon the final approval of the
19 commission. Upon final approval of a permit, and upon the request
20 of the permittee, the commission shall provide the permittee with
21 a letter of authority to operate. The letter of authority to operate
22 constitutes authorization for the permittee to perform the actions
23 allowed under the permit until the date the permittee receives the
24 permit issued by the commission.
25 Sec. 7. (a) The chairperson or the chairperson's designee may
26 issue an original letter of extension extending the term of a permit
27 for a maximum period of ninety (90) days for good cause shown
28 upon the written request of the permittee and payment of the fee,
29 if required.
30 (b) Upon the expiration of an original letter of extension, or any
31 renewal thereof, if good cause still exists, subsequent renewals of
32 the extension may be granted to the permittee only upon the
33 affirmative vote of a majority of the members of the commission.
34 Sec. 8. The commission shall issue a permit authorized by this
35 article only upon proper application. The application shall be in
36 writing, and verified, upon forms prescribed and furnished by the
37 commission. The application shall contain the terms and
38 information required by this article or by the rules of the
39 commission. The appropriate surety bond, if required, must be
40 submitted with the application.
41 Sec. 9. An application for a permit shall contain the express
42 statement of the applicant that, if a permit is issued to the
2022	IN 1311—LS 7063/DI 106 25
1 applicant, the applicant consents for the duration of the permit
2 term to the entrance, inspection, and search by an enforcement
3 officer, without a warrant or other process, of the applicant's
4 permitted premises and vehicles to determine whether the
5 applicant is complying with the provisions of this article. The
6 consent required by this section is renewed and continued by the
7 retention of a permit or its use by a permittee.
8 Sec. 10. An application for a permit to sell cannabis or cannabis
9 products of any kind, and the required publication of notice, must
10 disclose the name of the applicant and the specific property
11 address where the cannabis or cannabis products are to be sold,
12 and any assumed business name under which the business will be
13 conducted. The application and notice also must disclose:
14 (1) the names of the executive officers of the corporation,
15 company, or other entity responsible to the public for the sale
16 of cannabis or the cannabis product; and
17 (2) the Internet web site where a member of the public may
18 access the information in subdivision (1).
19 Sec. 11. An applicant must have a vested legal interest in the
20 property address listed on the permit application.
21 Sec. 12. (a) As used in this section "immediate family member"
22 means a spouse, parent, child, sibling, father-in-law, or
23 mother-in-law.
24 (b) The commission may not issue a permit under this chapter
25 to an individual who is an immediate family member of a current
26 permittee.
27 Sec. 13. (a) On receipt of a completed permit application under
28 this article, the commission shall forward a copy of the application
29 to the state police department.
30 (b) The state police department shall perform a national
31 criminal history background check of the applicant and return the
32 application to the commission along with the results from the
33 national criminal history background check. The commission is
34 responsible for the cost of the national criminal history
35 background check.
36 (c) The commission shall review the permit application after
37 receipt of the results from the state police department. The
38 commission shall grant or deny a completed application for a
39 permit within sixty (60) days after receipt of the application. If the
40 commission determines that:
41 (1) all the requirements under this article have been met; and
42 (2) the applicant has not been convicted within ten (10) years
2022	IN 1311—LS 7063/DI 106 26
1 before the date of application of:
2 (A) a federal crime having a sentence of more than one (1)
3 year;
4 (B) a Class A, Class B, or Class C felony (for a crime
5 committed before July 1, 2014) or a Level 1, Level 2, Level
6 3, Level 4, or Level 5 felony (for a crime committed after
7 June 30, 2014); or
8 (C) a crime in another state that is substantially similar to
9 a crime described in clause (B);
10 the commission shall approve the application for issuance of
11 the permit.
12 (d) The commission may deny a permit application if it finds
13 that the applicant has been adjudicated against in a civil
14 proceeding regarding the cannabis or hemp industry.
15 (e) If the completed application for a permit is denied, the
16 commission must state the reasons for the denial. If a completed
17 application is denied under this section, the applicant may reapply
18 within thirty (30) days after the date of the denial. There is no
19 application fee for a reapplication under this subsection.
20 (f) A permit issued under this article expires one (1) year after
21 the date on which the permit was issued, unless revoked.
22 Sec. 14. An applicant for a permit issued pursuant to this article
23 shall file with the commission a surety bond in the sum of fifteen
24 thousand dollars ($15,000).
25 Sec. 15. (a) The required surety bond of an applicant must be
26 approved by the commission. The bond must be made payable to
27 the state and may be forfeited if the applicant:
28 (1) violates a provision of this article or a rule of the
29 commission that relates to the permit; or
30 (2) fails to pay all taxes and fees imposed by this article on the
31 activities authorized under the permit.
32 (b) A permittee shall keep the bond in full force and effect
33 continuously in order to keep the permit in force.
34 Sec. 16. (a) Except as provided in subsection (b), the commission
35 may recover no more than two hundred fifty dollars ($250) in any
36 one (1) action on a permittee's surety bond for the violation of a
37 rule of the commission. Except as provided in subsection (b), the
38 commission may recover no more than five hundred dollars ($500)
39 in any one (1) action on the surety bond for the violation of a
40 provision of this article. All violations committed before the
41 commission brings an action on the bond are considered one (1)
42 violation. Funds recovered on a bond shall be deposited in the
2022	IN 1311—LS 7063/DI 106 27
1 cannabis regulation fund established by IC 7.1-8-2-10.
2 (b) The state may recover the full amount of all taxes and fees
3 due and owed by the permittee under this article in a single action
4 on the bond. No person may bring an action on the bond except the
5 commission. Funds recovered under this section shall be deposited
6 in the state general fund.
7 Sec. 17. The commission shall ensure that a surety bond filed
8 under this article is securely stored. The commission may not
9 approve a surety bond unless the surety company is solvent and
10 qualified to do business in Indiana. The commission, before
11 approving a surety bond, shall require the commissioner of the
12 department of insurance to furnish to the commission copies of
13 reports of the surety company and other information concerning
14 the reserves and reliability of the company.
15 Sec. 18. Cash or bonds of the United States, or both, may be
16 tendered to the commission instead of a surety bond required by
17 the provisions of this article if it is tendered on the same terms and
18 conditions as a surety bond.
19 Sec. 19. A surety may not cancel or annul a surety bond filed in
20 accordance with the provisions of this article after it has been
21 approved by the commission. However, a surety, with the consent
22 of the commission, may cancel a bond and be released from
23 liability accruing after the effective date of the cancellation. The
24 commission may not approve a cancellation until the surety has
25 paid and discharged in full its liability to the state on the bond to
26 the date of the approval of the cancellation.
27 Sec. 20. (a) As used in this section, "credit card" means a:
28 (1) credit card;
29 (2) debit card;
30 (3) charge card; or
31 (4) stored value card.
32 (b) The commission shall accept a payment to the commission
33 for any purpose by any of the following financial instruments:
34 (1) Cash.
35 (2) Certified check.
36 (3) Cashier's check.
37 (4) Check drawn on the bank deposit of a business.
38 (5) Valid postal money order of the United States.
39 (6) Bank draft.
40 (7) Money order.
41 (8) Bank card or credit card.
42 (9) Electronic funds transfer.
2022	IN 1311—LS 7063/DI 106 28
1 (10) Any other financial instrument authorized by the
2 commission.
3 (c) If there is a charge to the commission for the use of a
4 financial instrument, the commission may collect a sum equal to
5 the amount of the charge from the person who uses the financial
6 instrument.
7 (d) A procedure authorized for a particular type of payment
8 must be uniformly applied to all payments of the same type.
9 (e) The commission may contract with a bank card or credit
10 card vendor for acceptance of bank cards or credit cards.
11 However, if there is a vendor transaction charge or discount fee,
12 whether billed to the commission or charged directly to the
13 commission's account, the commission may collect from the person
14 using the card:
15 (1) an official fee that may not exceed the transaction charge
16 or discount fee charged to the commission by bank or credit
17 card vendors; or
18 (2) a reasonable convenience fee:
19 (A) that may not exceed three dollars ($3); and
20 (B) that must be uniform regardless of the bank card or
21 credit card used.
22 The fees described in subdivisions (1) and (2) may be collected
23 regardless of retail merchant agreements between the bank and
24 credit card vendors that may prohibit such fees. These fees are
25 permitted additional charges under IC 24-4.5-3-202.
26 (f) The commission may pay any applicable bank card or credit
27 card service charge associated with the use of a bank card or credit
28 card under this section.
29 Sec. 21. (a) Except as provided in subsection (d), if publication
30 of notice of application for a permit is required under this article,
31 the publication shall be made in one (1) newspaper of general
32 circulation published in the county where the permit is to be in
33 effect.
34 (b) Publication required under subsection (a) may be made in
35 any newspaper of general circulation published one (1) or more
36 times each week.
37 (c) The rates to be paid for the advertising of a notice required
38 under this article shall be those required to be paid in case of other
39 notices published for or on behalf of the state.
40 (d) If:
41 (1) the commission is unable to procure advertising of a notice
42 as required under subsection (a) at the rates set forth in
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1 IC 5-3-1; or
2 (2) the newspaper published in the county as described in
3 subsection (a) refuses to publish the notice;
4 the commission may, instead of publication in a newspaper as
5 required under subsection (a), post the notice on the commission's
6 Internet web site.
7 Sec. 22. Whenever the character of the business in which an
8 applicant is engaged is material to the applicant being issued a
9 permit under this article, or is material to the applicant being
10 qualified to continue to hold the permit, it must be made to appear
11 to the satisfaction of the commission that a substantial portion of
12 the business carried on, or to be carried on, in the premises in
13 respect to which a permit is applied for is in the nature of the
14 applicant's main business function in the premises.
15 Sec. 23. A person to whom a permit has been issued to carry on
16 any of the activities authorized by this article shall, before being
17 fully qualified to do business, post and display, and keep posted
18 and displayed, in the most conspicuous place in the person's
19 permitted premises the person's permit to do business.
20 Sec. 24. A permit issued under this article may not be
21 transferred:
22 (1) from the permit holder to another person; or
23 (2) from the location for which the permit was approved or
24 renewed to another location;
25 unless otherwise authorized in this article or approved by the
26 commission.
27 Sec. 25. (a) As used in this section "disqualifying event" means
28 an occurrence that would render the planned cannabis permittee
29 location illegal under this article.
30 (b) In the event a disqualifying event occurs while a permit
31 application is pending before the commission, the applicant may
32 transfer the permit location within six (6) months of the
33 disqualifying event.
34 Sec. 26. If the information required for an initial or renewal
35 permit changes, the permit holder shall notify the commission
36 within ten (10) business days of the change. If any change in the
37 information required for an application results in a violation of this
38 article, the commission may impose a penalty as provided in this
39 article.
40 Sec. 27. (a) As used in this section, "integrated permittee"
41 means a person who simultaneously holds a:
42 (1) grower permit;
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1 (2) processor permit; and
2 (3) retail permit.
3 (b) Except as provided in subsection (c), nothing in this article
4 prohibits a permittee from simultaneously holding a:
5 (1) grower permit;
6 (2) processor permit; and
7 (3) retail permit.
8 However, a person holding a transport permit may not hold any
9 other type of permit, and a person holding a testing permit may not
10 hold any other type of permit.
11 (c) No more than nine (9) permittees may hold a grower permit,
12 a processor permit, and at least one (1) retail permit at one (1)
13 time.
14 (d) An integrated permittee must demonstrate a substantial
15 historical business investment in Indiana, as determined by the
16 commission.
17 (e) An integrated permittee is subject to all the requirements of
18 the laws and regulations governing each permit.
19 (f) An integrated permittee may be subject to additional fees or
20 assessments, as determined by the commission.
21 Chapter 12. Grower Permits
22 Sec. 1. The growth of cannabis is authorized in Indiana. The
23 growing and handling of cannabis is subject to regulation by the
24 commission. The commission shall adopt rules under IC 4-22-2 to
25 oversee the permitting, production, and management of:
26 (1) cannabis; and
27 (2) cannabis seed.
28 Sec. 2. (a) Except as expressly provided in this article, a
29 cannabis grower may not grow or sell cannabis in Indiana without
30 a permit issued by the commission under this article.
31 (b) Except as otherwise provided in this article, cannabis
32 produced by a grower permittee under this article may be grown
33 and sold in Indiana. 
34 (c) A grower issued a permit under this chapter may only grow
35 cannabis in a grow facility.
36 (d) Nothing in this chapter prohibits a grower permittee from
37 selling cannabis to another grower permittee in Indiana.
38 (e) Nothing in this chapter prohibits a grower permittee from
39 exporting cannabis outside Indiana as permitted by federal law.
40 Sec. 3. (a) A grower to whom a permit has been issued under
41 this chapter may deposit that permit with the commission for a
42 period of two (2) years if the permittee is unable to immediately
2022	IN 1311—LS 7063/DI 106 31
1 operate the business to which the permit applies.
2 (b) If a permittee is unable to use the permit issued under this
3 article within two (2) years, the permit is forfeited to the
4 commission.
5 Sec. 4. (a) As used in this section, "household" means a
6 residential dwelling that is the principal place of residence of a
7 person or a family unit whose members are related by birth,
8 marriage, or adoption and who share a common living
9 arrangement. It does not include any industrial, commercial, or
10 other nonresidential building.
11 (b) An individual may personally cultivate cannabis in Indiana
12 for personal use without a permit.
13 (c) A person may not personally cultivate more than four (4)
14 plants per household at one (1) time.
15 (d) All cannabis personally cultivated under this section must be
16 grown on real property owned by the person or on real property
17 for which the person has the property owner's written permission
18 to personally cultivate cannabis on the property.
19 (e) A person who personally cultivates cannabis may not use
20 extraction equipment or extraction processes if the equipment or
21 process uses butane, propane, carbon dioxide, or any potentially
22 hazardous material in a residential property.
23 Sec. 5. (a) For purposes of this section, "visible" means viewable
24 by a normal person with 20/20 eyesight without the use of any
25 device to assist in improving viewing distance or vantage point.
26 (b) All cannabis personally cultivated under this chapter must
27 be cultivated so that the cannabis is not accessible to a member of
28 the general public. No cannabis may be visible from any street
29 adjacent to the property.
30 (c) In consultation with the state police department, the
31 commission shall adopt rules under IC 4-22-2 governing the
32 security of a cannabis personal cultivation site.
33 (d) Cannabis plants personally cultivated in violation of this
34 section may be seized and destroyed.
35 Sec. 6. In addition to the other requirements of this article, an
36 initial or renewal application for a grower permit must include the
37 following:
38 (1) The global positioning system coordinates and legal
39 description of the property used for the cannabis grow
40 operation.
41 (2) The planned size of the cannabis canopy.
42 (3) A site plan of the proposed grow facility.
2022	IN 1311—LS 7063/DI 106 32
1 (4) A nonrefundable application fee.
2 Sec. 7. (a) For a permittee who grows less than five thousand
3 (5,000) square feet of cannabis canopy, the commission shall
4 impose an annual fee of fifteen thousand dollars ($15,000).
5 (b) For a permittee who grows at least five thousand (5,000)
6 square feet of cannabis canopy, but less than fifteen thousand
7 (15,000) square feet of cannabis canopy, the commission shall
8 impose an annual fee of fifty thousand dollars ($50,000).
9 (c) For a permittee who grows at least fifteen thousand (15,000)
10 square feet of cannabis canopy, the commission shall impose an
11 annual fee of one hundred thousand dollars ($100,000).
12 (d) No more than four (4) grower permits may be issued under
13 subsection (c) at one (1) time.
14 (e) No permittee, or permittee who is directly or indirectly
15 controlled by another permittee, may possess more than one (1)
16 grower permit at one (1) time.
17 (f) The fees set forth in this section are due to the commission
18 within thirty (30) days of the date the initial or renewal grower
19 permit is issued, and shall be deposited in the cannabis regulation
20 fund established by IC 7.1-8-2-10.
21 Sec. 8. (a) A grower shall uniquely identify each immature plant
22 batch with a single permanent plant tag and record the
23 information in the statewide monitoring system established under
24 IC 7.1-8-17. Each immature plant batch must consist of no more
25 than one hundred (100) immature plants.
26 (b) A grower shall separate the plants as the plants go through
27 different growth stages and ensure that the plant tag is always
28 identified with the plant throughout the growth span so that all
29 plants can be easily identified and inspected. A grower shall ensure
30 that the identification information is recorded in the statewide
31 monitoring system.
32 (c) After a tagged plant is harvested, it is part of a harvest batch
33 so that a sample of the harvest batch can be tested in accordance
34 with this article. A grower shall quarantine a harvest batch from
35 other plants or batches that have test results pending. A harvest
36 batch must be easily distinguishable from other harvest batches
37 until the batch is broken down into packages.
38 (d) After test results show a passed test and the harvest batch is
39 packaged, the grower shall destroy the individual plant tags. Each
40 package must have a permanent package tag attached. A grower
41 shall ensure this information is placed in the statewide monitoring
42 system in accordance with this article and rules adopted by the
2022	IN 1311—LS 7063/DI 106 33
1 commission.
2 Sec. 9. (a) In addition to any other liability or penalty provided
3 by law, the commission may revoke or refuse to issue or renew a
4 cannabis grower permit and may impose a civil penalty for a
5 violation of:
6 (1) a permit requirement;
7 (2) permit terms or conditions; or
8 (3) a rule relating to growing cannabis.
9 (b) The commission may not impose a civil penalty under this
10 section that exceeds two thousand five hundred dollars ($2,500).
11 (c) Any civil penalties collected under this section shall be
12 deposited in the cannabis regulation fund established by
13 IC 7.1-8-2-10.
14 Sec. 10. (a) Except as provided in subsection (b), the commission
15 shall give a person who negligently violates this chapter a
16 reasonable time, determined by the commission, to correct the
17 violation without imposing a penalty under this chapter. However,
18 the commission may require the person who committed the
19 violation to comply with a corrective action plan determined by the
20 commission and report to the commission on compliance with the
21 corrective action plan.
22 (b) A person who commits a negligent violation of this chapter
23 three (3) times in a five (5) year period shall immediately be
24 ineligible to hold or work under a cannabis permit for five (5)
25 years.
26 (c) If the commission believes that a person has knowingly or
27 intentionally violated this chapter, the commission shall notify:
28 (1) the superintendent of the state police department; and
29 (2) the prosecuting attorney of the county in which the
30 violation occurred;
31 of the violation.
32 (d) A person who commits a negligent violation under this
33 chapter is subject to a late fee as established by rule adopted by the
34 commission.
35 Sec. 11. The commission shall adopt rules under IC 4-22-2 to
36 implement and administer this chapter.
37 Sec. 12. (a) The commission may keep the:
38 (1) names of growers who are permitted under this chapter;
39 and
40 (2) locations of permitted cannabis crops;
41 confidential for purposes of IC 5-14-3.
42 (b) The commission may share confidential information under
2022	IN 1311—LS 7063/DI 106 34
1 subsection (a) with the state police department and law
2 enforcement officers (as defined in IC 35-31.5-2-185).
3 Sec. 13. A person not permitted under this chapter who
4 knowingly or intentionally:
5 (1) grows or sells cannabis; or
6 (2) sells cannabis seed;
7 commits a Level 6 felony.
8 Chapter 13. Processor Permits
9 Sec. 1. The commission may issue a cannabis processor permit
10 to a person who desires to process cannabis or cannabis products.
11 Sec. 2. The holder of a processor permit may do the following:
12 (1) Process cannabis or cannabis products.
13 (2) Place cannabis or cannabis products in containers for
14 retail sale.
15 (3) Sell and deliver cannabis or cannabis products to a person
16 holding a cannabis retailer permit issued under this article.
17 Sec. 3. (a) A processor to whom a permit has been issued under
18 this chapter may deposit that permit with the commission for a
19 period of one (1) year if the permittee is unable to immediately
20 operate the business to which the permit applies.
21 (b) If a permittee is unable to use the permit issued under this
22 article within one (1) year, the permit is forfeited to the
23 commission.
24 Sec. 4. Cannabis must be transported and distributed to and
25 from a processor in packaging that contains the following
26 information:
27 (1) A scannable bar code or QR code linked to a document
28 that contains the:
29 (A) batch identification number of the cannabis;
30 (B) product name;
31 (C) batch date;
32 (D) expiration date, which must be not more than two (2)
33 years from the date of manufacture;
34 (E) batch size;
35 (F) total quantity produced;
36 (G) ingredients used, including the:
37 (i) ingredient name;
38 (ii) name of the company that manufactured the
39 ingredient;
40 (iii) company or product identification number or code,
41 if applicable; and
42 (iv) ingredient lot number; and
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1 (H) results of the quality assurance test conducted under
2 IC 7.1-8-18.
3 (2) The batch number.
4 (3) The Internet address of a web site to obtain batch
5 information.
6 (4) The expiration date.
7 (5) The total number of milligrams of
8 delta-9-tetrahydrocannabinol (THC), including precursors.
9 (6) The grower.
10 Chapter 14. Transport Permits
11 Sec. 1. The commission may issue a cannabis transport permit
12 to a person who is a carrier upon a showing of the reliability and
13 responsibility of the carrier and the appropriateness of issuing the
14 permit.
15 Sec. 2. The transportation of cannabis and cannabis products
16 for sale in Indiana are subject to the rules of the commission.
17 Cannabis and cannabis products may be transported and delivered
18 only in containers that are lawful under this article and permissible
19 under the rules of the commission.
20 Sec. 3. A transport permit is required for the transportation of
21 cannabis or cannabis products on a public highway in Indiana.
22 Sec. 4. (a) A carrier must hold a transport permit before the
23 carrier may transport cannabis or cannabis products on a public
24 highway.
25 (b) A person who is a direct or beneficial owner of a grower,
26 processor, retail, or safety compliance facility permit issued under
27 this article may not hold a transport permit.
28 Sec. 5. (a) A carrier to whom a permit has been issued under
29 this chapter may deposit that permit with the commission for a
30 period of one (1) year if the permittee is unable to immediately
31 operate the business to which the permit applies.
32 (b) If a permittee is unable to use the permit issued under this
33 article within one (1) year, the permit is forfeited to the
34 commission.
35 Sec. 6. (a) A carrier may not transport cannabis on a vehicle
36 owned or operated by the carrier unless the carrier has filed a
37 description of the vehicle with the commission.
38 (b) The description of a vehicle used to transport cannabis must
39 include:
40 (1) the engine number;
41 (2) the date of manufacture;
42 (3) the approximate weight;
2022	IN 1311—LS 7063/DI 106 36
1 (4) the vehicle identification number;
2 (5) the license plate number;
3 (6) the capacity; and
4 (7) any other information that the commission may require.
5 (c) The permittee may alter or add to the number of vehicles
6 included under the permit at any time.
7 Sec. 7. (a) A carrier must transmit a copy of its route plan and
8 manifest to the safety and compliance facility as required by
9 IC 7.1-8-18, and a copy of each must be carried in the transporting
10 vehicle and presented to a law enforcement officer or commission
11 enforcement officer upon request.
12 (b) The commission may inspect shipments of cannabis or
13 cannabis products in transit and the vehicle used in the
14 transportation.
15 Sec. 8. A transport permittee who knowingly or intentionally
16 transports cannabis in a vehicle for which the permittee has not
17 filed a description under this chapter commits a Class A
18 misdemeanor.
19 Chapter 15. Retailer Permits
20 Sec. 1. The commission may issue a cannabis retailer permit to
21 a person who desires to sell cannabis to customers for
22 consumption.
23 Sec. 2. (a) The commission may grant only one (1) cannabis
24 retailer permit per twenty-five thousand (25,000) persons
25 statewide.
26 (b) Only two hundred sixty-nine (269) active cannabis retailer
27 permits may be issued at any one (1) time.
28 (c) A county may not have more permits than its census
29 population divided by twenty-five thousand (25,000).
30 (d) No single cannabis retail permittee may own more than
31 twenty-five percent (25%) of available permits.
32 Sec. 3. (a) The holder of a cannabis retailer permit may
33 purchase cannabis only from a permittee permitted under this
34 article. A cannabis retailer may possess cannabis and sell it at
35 retail for consumption to a customer who is at least twenty-one (21)
36 years of age.
37 (b) A cannabis retailer may sell cannabis or cannabis products
38 at wholesale.
39 (c) A cannabis retailer may sell and deliver cannabis for carry
40 out and for at home delivery without a transport permit.
41 Sec. 4. (a) A retailer to whom a permit has been issued under
42 this chapter may deposit the permit with the commission for a
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1 period of one (1) year if the permittee is unable to immediately
2 operate the business to which the permit applies.
3 (b) If a permittee is unable to use the permit issued under this
4 article within one (1) year, the permit is forfeited to the
5 commission.
6 Sec. 5. (a) A cannabis retailer may not:
7 (1) operate within one thousand (1,000) feet of an elementary
8 or secondary school;
9 (2) allow a customer to sample or consume cannabis or a
10 cannabis product on the premises;
11 (3) permit a customer to purchase more than four (4) ounces
12 of cannabis or twenty-five (25) grams of cannabis concentrate
13 per day; or
14 (4) sell cannabis or a cannabis product in a unitary
15 transaction (as defined by IC 6-2.5-1-1) or bundled
16 transaction (as defined in IC 6-2.5-1-11.5).
17 (b) A person who knowingly or intentionally violates this section
18 commits a Level 6 felony.
19 Sec. 6. (a) All sales of cannabis and cannabis products must be
20 accompanied by an invoice showing the following:
21 (1) The name and address of the seller and the purchaser.
22 (2) The date of sale.
23 (3) The name of each brand sold.
24 (4) The number of packages, if any.
25 (5) The number of cases by size and type of container.
26 (6) The quantity of each kind of cannabis sold.
27 (b) The permittee must transmit an invoice to the commission
28 in accordance with rules adopted by the commission.
29 Sec. 7. Except as provided in IC 7.1-8-16, a unit may not
30 regulate cannabis.
31 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
32 Sec. 1. (a) Before July 1, 2023, the governing body of a county
33 may adopt a resolution to place a public question on the ballot to
34 prohibit cannabis retail licensure within the county. The governing
35 body shall determine whether to place the public question on the
36 primary election ballot, on the general election ballot, or on a
37 special election ballot.
38 (b) As soon as practicable after adopting the resolution under
39 subsection (a), the governing body shall send a certified copy of the
40 resolution to the commission and the county circuit court clerk.
41 Sec. 2. A prohibition against cannabis retail licensure under this
42 chapter prevails if a majority of the individuals who vote on the
2022	IN 1311—LS 7063/DI 106 38
1 public question approves the prohibition.
2 Sec. 3. The public question to be submitted to the voters must
3 read as follows:
4 "Shall the county prohibit cannabis retail licensure for five (5)
5 years immediately following the holding of the referendum?
6 If this public question is approved by the voters, cannabis
7 retailers will be prohibited from licensing premises in the
8 county for five (5) years.".
9 Sec. 4. Each circuit court clerk shall, upon receiving the
10 question approved by the governing body of a county under this
11 chapter, call a meeting of the county election board to certify the
12 question and make arrangements for the referendum.
13 Sec. 5. (a) The referendum shall be held in the next primary
14 election or general election in which all the registered voters who
15 are residents of the county are entitled to vote after adoption of the
16 resolution under section 1 of this chapter. The certification of the
17 question must occur not later than noon:
18 (1) seventy-four (74) days before a primary election if the
19 question is to be placed on the primary election ballot; or
20 (2) August 1 if the question is to be placed on the general
21 election ballot.
22 (b) However, if a primary election or general election will not be
23 held during the first year in which the public question is eligible to
24 be placed on the ballot under this chapter, and if the county
25 requests the public question to be placed on the ballot at a special
26 election, the public question shall be placed on the ballot at a
27 special election to be held on the first Tuesday after the first
28 Monday in May or November of the year. The certification must
29 occur not later than noon:
30 (1) sixty (60) days before a special election to be held in May
31 (if the special election is to be held in May); or
32 (2) August 1 (if the special election is to be held in November).
33 (c) If the referendum is not conducted at a primary election or
34 general election, the county in which the special election is to be
35 held shall pay all the costs of holding the special election.
36 Sec. 6. Each county election board shall cause:
37 (1) the question certified to the circuit court clerk by the
38 governing body of a county to be placed on the ballot in the
39 form prescribed by IC 3-10-9; and
40 (2) an adequate supply of ballots and voting equipment to be
41 delivered to the precinct election board of each precinct in
42 which the referendum is to be held.
2022	IN 1311—LS 7063/DI 106 39
1 Sec. 7. (a) Except as provided in subsection (b), every registered
2 voter who resides in the county may vote on the public question.
3 (b) An individual who changes residence from a location within
4 a county to a location outside of the county less than thirty (30)
5 days before an election under this chapter may not vote on the
6 public question.
7 Sec. 8. Each precinct election board shall count the affirmative
8 votes and the negative votes cast concerning the public question,
9 and shall certify those two (2) totals to the county election board of
10 the county. The circuit court clerk shall, immediately after the
11 votes have been counted, certify the results of the public question
12 to the commission and the county governing body.
13 Sec. 9. (a) Except as otherwise provided in this section, during
14 the period beginning with the adoption of a resolution by the
15 governing body of a county to place a public question on the ballot
16 and continuing through the day on which the public question is
17 submitted to the voters, the county governing body may not
18 promote a position on the referendum by doing any of the
19 following:
20 (1) Using facilities or equipment, including mail and
21 messaging systems, owned by the county to promote a position
22 on the public question, unless equal access to the facilities or
23 equipment is given to persons with a position opposite to that
24 of the county governing body.
25 (2) Making an expenditure of money from a fund controlled
26 by the county to promote a position on the public question.
27 (3) Using an employee to promote a position on the public
28 question during the employee's normal working hours or paid
29 overtime, or otherwise compelling an employee to promote a
30 position on the public question at any time. However, if a
31 person described in subsection (c) is advocating for or against
32 a position on the public question or discussing the public
33 question as authorized under subsection (c), an employee of
34 the county may assist the person in presenting information on
35 the public question, if requested to do so by the person
36 described in subsection (c).
37 However, this section does not prohibit an official or employee of
38 the county from carrying out duties with respect to a public
39 question that are part of the normal and regular conduct of the
40 official's or employee's office or agency, including the furnishing
41 of factual information regarding the public question in response to
42 inquiries from any person.
2022	IN 1311—LS 7063/DI 106 40
1 (b) This subsection does not apply to:
2 (1) a personal expenditure to promote a position on a public
3 question by an employee of a county whose employment is
4 governed by a collective bargaining contract or an
5 employment contract; or
6 (2) an expenditure to promote a position on a local question
7 by a person or an organization that has a contract or an
8 arrangement (whether formal or informal) with the county
9 solely for the use of the county's facilities.
10 A person or an organization that has a contract or arrangement
11 (whether formal or informal) with a county to provide goods or
12 services to the county may not spend any money to promote a
13 position on the public question. A violation of this subsection is a
14 Class A infraction.
15 (c) Notwithstanding any other law, an elected or appointed
16 member of the county governing body may at any time:
17 (1) personally advocate for or against a position on a public
18 question; or
19 (2) discuss the public question with any individual, group, or
20 organization or personally advocate for or against a position
21 on a public question before any individual, group, or
22 organization;
23 so long as it is not done by using public funds. Advocacy or
24 discussion allowed under this subsection is not considered a use of
25 public funds.
26 Chapter 17. Statewide Monitoring System
27 Sec. 1. The commission shall establish a statewide monitoring
28 system for use as an integrated cannabis tracking, inventory, and
29 verification system. The system must allow for interface with third
30 party inventory and tracking systems to provide for access by the
31 state, permittees, and law enforcement personnel, to the extent that
32 they need and are authorized to receive or submit the information,
33 to comply with, enforce, or administer this article.
34 Sec. 2. At a minimum, the system must be capable of storing and
35 providing access to information that, in conjunction with one (1) or
36 more third party inventory control and tracking systems, allows
37 the following:
38 (1) Retention of a record of the date, time, quantity, and price
39 of each sale or transfer of cannabis or cannabis products.
40 (2) Determination of whether a particular sale or transfer
41 transaction will exceed the permissible limit established under
42 this article.
2022	IN 1311—LS 7063/DI 106 41
1 (3) Effective monitoring of cannabis seed to sale transfers.
2 (4) Receipt and integration of information from third party
3 inventory control and tracking systems.
4 Sec. 3. The commission shall seek bids under IC 5-22 to
5 establish, operate, and maintain the statewide monitoring system
6 under this section. The commission shall do the following:
7 (1) Evaluate bidders based on the cost of the service and the
8 ability to meet all requirements of this article.
9 (2) Give strong consideration to the bidder's ability to prevent
10 fraud, abuse, and other unlawful or prohibited activities
11 associated with the commercial trade in cannabis, and the
12 ability to provide additional tools for the administration and
13 enforcement of this article.
14 (3) Institute procedures to ensure that the contract awardee
15 does not disclose or use the information in the system for any
16 use or purpose except for the enforcement, oversight, and
17 implementation of this article.
18 (4) Require the contract awardee to deliver the functioning
19 system within one hundred twenty (120) days after award of
20 the contract.
21 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
22 implement this chapter.
23 Chapter 18. Safety Compliance Facility Permit
24 Sec. 1. The commission may issue a cannabis safety compliance
25 facility permit to a person who desires to test cannabis and
26 cannabis products for transfer, sale, and consumption in Indiana.
27 Sec. 2. A person who has a direct or indirect ownership interest
28 in a grower, processor, transport, or retailer permit may not have
29 a direct or indirect ownership interest in a safety compliance
30 facility or a safety compliance facility permit.
31 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
32 establish a proficiency testing program and designate safety
33 compliance facility participation, that, at a minimum, comply with
34 reasonable and customary industry standards.
35 Sec. 4. (a) A safety compliance facility to which a permit has
36 been issued under this chapter may deposit that permit with the
37 commission for a period of one (1) year if the permittee is unable
38 to immediately operate the facility.
39 (b) If a permittee is unable to use the permit issued under this
40 article within one (1) year, the permit is forfeited to the
41 commission.
42 Sec. 5. (a) A safety compliance facility must test samples as
2022	IN 1311—LS 7063/DI 106 42
1 provided in this chapter and pursuant to rules adopted by the
2 commission.
3 (b) A safety compliance facility shall collect samples of cannabis
4 and cannabis products from another cannabis permittee. Every
5 cannabis permittee shall permit and assist the safety compliance
6 facility in the collection of samples for testing.
7 (c) The safety compliance facility shall take a physical sample of
8 the cannabis product from another cannabis permittee to be tested
9 at the safety compliance facility.
10 (d) The safety compliance facility must develop a statistically
11 valid sampling method to collect a representative sample from each
12 batch of cannabis product.
13 Sec. 6. (a) A safety compliance facility must comply with all the
14 following:
15 (1) The safety compliance facility shall ensure that samples of
16 the cannabis product are identified in the statewide
17 monitoring system and placed in secured, sealed containers
18 that bear the labeling required under the rules.
19 (2) A carrier's route plan and manifest that have been
20 transmitted to the facility must be entered into the statewide
21 monitoring system.
22 (3) The cannabis or cannabis product must be transported in
23 one (1) or more sealed containers and not be accessible while
24 in transit.
25 (4) The vehicle a safety compliance facility uses to transport
26 samples of cannabis or cannabis products may not bear
27 markings or other indication that it is carrying cannabis or a
28 cannabis product.
29 (b) Except as otherwise required by the commission, the safety
30 compliance facility shall collect a sample size that is:
31 (1) sufficient to complete all required analyses; and
32 (2) not less than one-half percent (0.5%) of the weight of the
33 harvest batch.
34 (c) At least fifty percent (50%) of the sample taken must be
35 homogenized for testing.
36 (d) The safety compliance facility shall report all testing results
37 to the commission on a quarterly basis, including the rate of
38 failure.
39 Sec. 7. A safety compliance facility must do all of the following:
40 (1) Become fully accredited to the International Organization
41 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
42 ILAC recognized accreditation body or by an entity approved
2022	IN 1311—LS 7063/DI 106 43
1 by the commission within one (1) year after the date the
2 permit is issued, and agree to have the inspections and reports
3 of the ISO made available to the commission.
4 (2) Maintain internal standard operating procedures.
5 (3) Maintain a quality control and quality assurance program.
6 Sec. 8. The commission may publish sample sizes for other
7 cannabis products being tested.
8 Sec. 9. A cannabis permittee must allow the safety compliance
9 facility to have access to its entire batch for the purposes of
10 sampling.
11 Sec. 10. (a) An employee of the cannabis permittee from which
12 the cannabis product test samples are being taken shall be
13 physically present to observe the safety compliance facility
14 employee collect the samples of cannabis or cannabis product for
15 testing. The employee shall ensure that the correct sample
16 increments are taken from throughout the batch.
17 (b) An employee of a cannabis permittee may not:
18 (1) be directly involved in the testing performed by the safety
19 compliance facility employee; or
20 (2) touch the cannabis or cannabis product or the sampling
21 equipment while the safety compliance facility employee is
22 obtaining the sample.
23 Sec. 11. (a) After samples have been selected, both the employee
24 of the cannabis permittee and the employee of the safety
25 compliance facility shall sign and date a chain of custody form,
26 attesting to the accuracy of the following sample information:
27 (1) The name of the cannabis product.
28 (2) The weight of cannabis or cannabis product.
29 (3) That all cannabis and cannabis products and samples are
30 correctly identified in the statewide monitoring system.
31 (4) If the product test sample is obtained for a retest, the
32 safety compliance facility confirms that it is not accepting a
33 product test sample that is prohibited from being retested.
34 (b) The cannabis permittee shall enter in the statewide
35 monitoring system the cannabis or cannabis product test sample
36 that is collected by a permitted safety compliance facility, including
37 the date and time the cannabis or cannabis product is collected and
38 transferred. The safety compliance facility shall enter into the
39 statewide monitoring system the test results within three (3)
40 business days of test completion.
41 (c) If a testing sample is collected from a cannabis permittee for
42 testing in the statewide monitoring system, that cannabis permittee
2022	IN 1311—LS 7063/DI 106 44
1 shall quarantine the cannabis product that is undergoing the
2 testing from any other cannabis products at the cannabis permittee
3 location. The quarantined cannabis product must not be packaged,
4 transferred, or sold until passing test results are entered into the
5 statewide monitoring system.
6 (d) A safety compliance facility may collect additional sample
7 material from the same permittee from which the original sample
8 was collected for the purposes of completing the required safety
9 tests as long as the requirements of this chapter are met.
10 (e) The commission may publish guidance that shall be followed
11 by cannabis permittees for chain of custody documentation.
12 Sec. 12. A safety compliance facility shall use analytical testing
13 methodologies for the required quality assurance tests under this
14 chapter that are validated. The tests may be monitored on an
15 ongoing basis by the commission. The facility's methodology must
16 follow one (1) of the following:
17 (1) The most current version of the Cannabis Inflorescence:
18 Standards of Identity, Analysis, and Quality Control
19 monograph published by the American Herbal
20 Pharmacopoeia.
21 (2) An alternative testing methodology approved by the
22 commission and validated by an independent third party that
23 the methodology followed by the safety compliance facility
24 produces scientifically accurate results as quality assurance
25 for each test it conducts.
26 Sec. 13. A safety compliance facility shall conduct quality
27 assurance tests that test for all of the following:
28 (1) Moisture content.
29 (2) Potency analysis.
30 (3) Tetrahydrocannabinol level.
31 (4) Tetrahydrocannabinol acid level.
32 (5) Cannabidiol and cannabidiol acid levels.
33 (6) Foreign matter inspection.
34 (7) Microbial and mycotoxin screening.
35 (8) Pesticides.
36 (9) Chemical residue.
37 (10) Fungicides.
38 (11) Insecticides.
39 (12) Metals screening.
40 (13) Residual solvents levels.
41 (14) Terpene analysis.
42 (15) Water activity content.
2022	IN 1311—LS 7063/DI 106 45
1 Sec. 14. The commission, in consultation with the state seed
2 commissioner and the department of agriculture, shall publish a
3 list of approved pesticides for use in the growing and production of
4 cannabis and cannabis products to be sold or transferred in
5 Indiana.
6 Sec. 15. The commission shall take immediate disciplinary
7 action against any safety compliance facility that fails to comply
8 with the provisions of this article or falsifies records related to this
9 article, including any sanctions or fines, or both.
10 Sec. 16. A safety compliance facility is prohibited from doing
11 any of the following:
12 (1) Desiccating samples.
13 (2) Dry labeling samples.
14 (3) Pretesting samples.
15 Sec. 17. A safety compliance facility shall comply with random
16 quality assurance compliance checks upon the request of the
17 commission. The commission or its authorized agents may collect
18 a random sample of cannabis or cannabis product from a safety
19 compliance facility or designate another safety compliance facility
20 to collect a random sample of cannabis product in a secure manner
21 to test that sample for quality assurance compliance pursuant to
22 this rule.
23 Sec. 18. (a) A safety compliance facility may retest cannabis or
24 cannabis products that have failed initial safety testing, except as
25 indicated under subsection (c).
26 (b) A failed cannabis product must pass two (2) separate retests
27 with new samples consecutively to be eligible to proceed to sale or
28 transfer.
29 (c) The commission may publish a remediation protocol that
30 addresses, among other things, the sale or transfer of cannabis
31 product after a failed safety test.
32 (d) The cannabis permittee that provided the sample is
33 responsible for all costs involved in a retest.
34 Sec. 19. (a) As used in this section, "research and development
35 testing" means optional testing performed before final compliance
36 testing.
37 (b) The commission may not take punitive action against a
38 cannabis permittee for conducting research and development
39 testing.
40 (c) The commission may adopt rules or publish guidance for
41 research and development testing.
42 (d) A permittee conducting research and development testing
2022	IN 1311—LS 7063/DI 106 46
1 must enter the testing and any other information required by the
2 commission into the statewide monitoring system.
3 Chapter 19. Violations
4 Sec. 1. If a permit holder violates this article, the permit holder
5 may be publicly reprimanded, assessed a civil penalty, or have the
6 permit revoked or suspended.
7 Sec. 2. (a) The commission may assess a civil penalty for a
8 violation of this article in an amount that does not exceed fifty
9 thousand dollars ($50,000). A civil penalty may be assessed in
10 addition to other penalties allowed under this article.
11 (b) A civil penalty assessed under this section shall be deposited
12 in the cannabis regulation fund established by IC 7.1-8-2-10.
13 Sec. 3. A person who recklessly, knowingly, or intentionally
14 provides cannabis or cannabis products to a person less than
15 twenty-one (21) years of age commits a Class B misdemeanor.
16 However, the offense is:
17 (1) a Class A misdemeanor if the person has a prior unrelated
18 conviction under this section; and
19 (2) a Level 6 felony if the use of the cannabis or cannabis
20 products is the proximate cause of the serious bodily injury or
21 death of any person.
22 Sec. 4. (a) A person who knowingly or intentionally:
23 (1) rents property; or
24 (2) provides or arranges for the use of property;
25 for the purpose of allowing or enabling a person less than
26 twenty-one (21) years of age to use cannabis or cannabis products
27 on the property commits a Class C infraction. However, the
28 violation is a Class B misdemeanor if the person has a prior
29 unrelated adjudication or conviction for a violation of this section
30 within the previous five (5) years.
31 (b) This section may not be construed to impose civil or criminal
32 liability upon any postsecondary educational institution, including
33 public and private universities and colleges, business schools,
34 vocational schools, and schools for continuing education, or its
35 agents for injury to any person or property sustained in
36 consequence of a violation of this section unless the institution or
37 its agent:
38 (1) sells, barters, exchanges, provides, or furnishes cannabis
39 or cannabis products to a minor; or
40 (2) either:
41 (A) rents property; or
42 (B) provides or arranges for the use of property;
2022	IN 1311—LS 7063/DI 106 47
1 for the purpose of allowing or enabling a person less than
2 twenty-one (21) years of age to consume cannabis or cannabis
3 products on the property.
4 Sec. 5. (a) It is a Class C infraction for a person less than
5 twenty-one (21) years of age to enter the premises of a cannabis
6 retailer or other location where cannabis or cannabis products are
7 provided.
8 (b) It is a Class C infraction for a parent, guardian, trustee, or
9 other person having custody of a child less than eighteen (18) years
10 of age to take that child into a cannabis retailer or other location
11 where cannabis or cannabis products are provided.
12 (c) It is a Class C infraction for a permittee to permit the parent,
13 guardian, trustee, or other person having custody of a child less
14 than eighteen (18) years of age to be with the child in a cannabis
15 retailer or other location where cannabis or cannabis products are
16 provided.
17 Sec. 6. A person who knowingly or intentionally employs a
18 person less than twenty-one (21) years of age:
19 (1) where cannabis or cannabis products are provided; and
20 (2) in a capacity which requires or allows the person less than
21 twenty-one (21) years of age to provide or otherwise deal in
22 cannabis or cannabis products;
23 commits a Class B misdemeanor.
24 Sec. 7. A person who is at least twenty-one (21) years of age who
25 knowingly or intentionally aids, induces, or causes a person less
26 than twenty-one (21) years of age to unlawfully possess cannabis or
27 cannabis products commits a Class C infraction.
28 Sec. 8. (a) Notwithstanding any other law, an enforcement
29 officer with police powers may engage a person who is:
30 (1) at least eighteen (18) years of age; and
31 (2) less than twenty-one (21) years of age;
32 to receive or purchase cannabis or cannabis products as part of an
33 enforcement action under this article.
34 (b) The initial or contemporaneous receipt or purchase of
35 cannabis or cannabis products under this section by a person
36 described in subsection (a) must:
37 (1) occur under the direction of an enforcement officer vested
38 with full police powers and duties; and
39 (2) be a part of the enforcement action.
40 Chapter 20. Professional Services
41 Sec. 1. A person licensed under IC 25 does not commit a crime
42 or an infraction under Indiana law solely for providing
2022	IN 1311—LS 7063/DI 106 48
1 professional services to persons permitted to engage in an activity
2 authorized by this article.
3 Chapter 21. Appropriation
4 Sec. 1. There is appropriated to the commission from the state
5 general fund, from monies not otherwise appropriated, a sum
6 sufficient to defray the expenses incurred by the commission in the
7 implementation and administration of this article. 
8 SECTION 5. IC 10-10.5-1-3, AS ADDED BY P.L.113-2020,
9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 3. "Law enforcement officer" means any of the
11 following:
12 (1) A state police officer, enforcement officer of the alcohol and
13 tobacco commission, enforcement officer of the cannabis
14 commission, or conservation officer.
15 (2) A county, city, or town police officer.
16 (3) A police officer appointed by a state educational institution
17 under IC 21-39-4 or school corporation under IC 20-26-16.
18 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
19 under IC 4-33-20.
20 SECTION 6. IC 10-13-8-5, AS ADDED BY P.L.38-2013,
21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 5. As used in this chapter, "law enforcement
23 officer" means any of the following:
24 (1) A state police officer.
25 (2) A county sheriff.
26 (3) A county police officer.
27 (4) A correctional officer.
28 (5) An excise police officer, including an enforcement officer
29 of the cannabis commission.
30 (6) A county police reserve officer.
31 (7) A city police officer.
32 (8) A city police reserve officer.
33 (9) A conservation enforcement officer.
34 (10) A town marshal.
35 (11) A deputy town marshal.
36 (12) A probation officer.
37 (13) A state educational institution police officer appointed under
38 IC 21-39-4.
39 (14) A gaming agent of the Indiana gaming commission.
40 (15) A person employed by a political subdivision (as defined in
41 IC 36-1-2-13) and appointed as a special deputy under
42 IC 36-8-10-10.6.
2022	IN 1311—LS 7063/DI 106 49
1 (16) A school corporation police officer appointed under
2 IC 20-26-16.
3 (17) A police officer of a public or private postsecondary
4 educational institution whose board of trustees has established a
5 police department under IC 21-17-5-2 or IC 21-39-4-2.
6 SECTION 7. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 3. As used in this chapter, "drug dealing offense"
9 means one (1) or more of the following offenses:
10 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
11 the person received only minimal consideration as a result of the
12 drug transaction.
13 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
14 person received only minimal consideration as a result of the drug
15 transaction.
16 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
17 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
18 only minimal consideration as a result of the drug transaction.
19 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
20 cannabinoid or possession of mislabeled low THC hemp
21 extract (IC 35-48-4-10) unless the person received only minimal
22 consideration as a result of the drug transaction.
23 SECTION 8. IC 16-31-3-14, AS AMENDED BY P.L.142-2020,
24 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 14. (a) A person holding a certificate or license
26 issued under this article must comply with the applicable standards and
27 rules established under this article. A certificate holder or license
28 holder is subject to disciplinary sanctions under subsection (b) if the
29 department of homeland security determines that the certificate holder
30 or license holder:
31 (1) engaged in or knowingly cooperated in fraud or material
32 deception in order to obtain a certificate or license, including
33 cheating on a certification or licensure examination;
34 (2) engaged in fraud or material deception in the course of
35 professional services or activities;
36 (3) advertised services or goods in a false or misleading manner;
37 (4) falsified or knowingly allowed another person to falsify
38 attendance records or certificates of completion of continuing
39 education courses required under this article or rules adopted
40 under this article;
41 (5) is convicted of a crime, if the act that resulted in the
42 conviction has a direct bearing on determining if the certificate
2022	IN 1311—LS 7063/DI 106 50
1 holder or license holder should be entrusted to provide emergency
2 medical services;
3 (6) is convicted of violating IC 9-19-14.5;
4 (7) fails to comply and maintain compliance with or violates any
5 applicable provision, standard, or other requirement of this article
6 or rules adopted under this article;
7 (8) continues to practice if the certificate holder or license holder
8 becomes unfit to practice due to:
9 (A) professional incompetence that includes the undertaking
10 of professional activities that the certificate holder or license
11 holder is not qualified by training or experience to undertake;
12 (B) failure to keep abreast of current professional theory or
13 practice;
14 (C) physical or mental disability; or
15 (D) addiction to, abuse of, or dependency on alcohol or other
16 drugs that endanger the public by impairing the certificate
17 holder's or license holder's ability to practice safely;
18 (9) engages in a course of lewd or immoral conduct in connection
19 with the delivery of services to the public;
20 (10) allows the certificate holder's or license holder's name or a
21 certificate or license issued under this article to be used in
22 connection with a person who renders services beyond the scope
23 of that person's training, experience, or competence;
24 (11) is subjected to disciplinary action in another state or
25 jurisdiction on grounds similar to those contained in this chapter.
26 For purposes of this subdivision, a certified copy of a record of
27 disciplinary action constitutes prima facie evidence of a
28 disciplinary action in another jurisdiction;
29 (12) assists another person in committing an act that would
30 constitute a ground for disciplinary sanction under this chapter;
31 or
32 (13) allows a certificate or license issued by the commission to
33 be:
34 (A) used by another person; or
35 (B) displayed to the public when the certificate or license is
36 expired, inactive, invalid, revoked, or suspended.
37 (b) The department of homeland security may issue an order under
38 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
39 the department of homeland security determines that a certificate
40 holder or license holder is subject to disciplinary sanctions under
41 subsection (a):
42 (1) Revocation of a certificate holder's certificate or license
2022	IN 1311—LS 7063/DI 106 51
1 holder's license for a period not to exceed seven (7) years.
2 (2) Suspension of a certificate holder's certificate or license
3 holder's license for a period not to exceed seven (7) years.
4 (3) Censure of a certificate holder or license holder.
5 (4) Issuance of a letter of reprimand.
6 (5) Assessment of a civil penalty against the certificate holder or
7 license holder in accordance with the following:
8 (A) The civil penalty may not exceed five hundred dollars
9 ($500) per day per violation.
10 (B) If the certificate holder or license holder fails to pay the
11 civil penalty within the time specified by the department of
12 homeland security, the department of homeland security may
13 suspend the certificate holder's certificate or license holder's
14 license without additional proceedings.
15 (6) Placement of a certificate holder or license holder on
16 probation status and requirement of the certificate holder or
17 license holder to:
18 (A) report regularly to the department of homeland security
19 upon the matters that are the basis of probation;
20 (B) limit practice to those areas prescribed by the department
21 of homeland security;
22 (C) continue or renew professional education approved by the
23 department of homeland security until a satisfactory degree of
24 skill has been attained in those areas that are the basis of the
25 probation; or
26 (D) perform or refrain from performing any acts, including
27 community restitution or service without compensation, that
28 the department of homeland security considers appropriate to
29 the public interest or to the rehabilitation or treatment of the
30 certificate holder or license holder.
31 The department of homeland security may withdraw or modify
32 this probation if the department of homeland security finds after
33 a hearing that the deficiency that required disciplinary action is
34 remedied or that changed circumstances warrant a modification
35 of the order.
36 (c) If an applicant or a certificate holder or license holder has
37 engaged in or knowingly cooperated in fraud or material deception to
38 obtain a certificate or license, including cheating on the certification or
39 licensure examination, the department of homeland security may
40 rescind the certificate or license if it has been granted, void the
41 examination or other fraudulent or deceptive material, and prohibit the
42 applicant from reapplying for the certificate or license for a length of
2022	IN 1311—LS 7063/DI 106 52
1 time established by the department of homeland security.
2 (d) The department of homeland security may deny certification or
3 licensure to an applicant who would be subject to disciplinary sanctions
4 under subsection (b) if that person were a certificate holder or license
5 holder, has had disciplinary action taken against the applicant or the
6 applicant's certificate or license to practice in another state or
7 jurisdiction, or has practiced without a certificate or license in violation
8 of the law. A certified copy of the record of disciplinary action is
9 conclusive evidence of the other jurisdiction's disciplinary action.
10 (e) The department of homeland security may order a certificate
11 holder or license holder to submit to a reasonable physical or mental
12 examination if the certificate holder's or license holder's physical or
13 mental capacity to practice safely and competently is at issue in a
14 disciplinary proceeding. Failure to comply with a department of
15 homeland security order to submit to a physical or mental examination
16 makes a certificate holder or license holder liable to temporary
17 suspension under subsection (i).
18 (f) Except as provided under subsection (a), subsection (g), and
19 section 14.5 of this chapter, a certificate or license may not be denied,
20 revoked, or suspended because the applicant, certificate holder, or
21 license holder has been convicted of an offense. The acts from which
22 the applicant's, certificate holder's, or license holder's conviction
23 resulted may be considered as to whether the applicant or certificate
24 holder or license holder should be entrusted to serve the public in a
25 specific capacity.
26 (g) The department of homeland security may deny, suspend, or
27 revoke a certificate or license issued under this article if the individual
28 who holds or is applying for the certificate or license is convicted of
29 any of the following:
30 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
31 (2) Possession of methamphetamine under IC 35-48-4-6.1.
32 (3) Possession of a controlled substance under IC 35-48-4-7(a).
33 (4) Fraudulently obtaining a controlled substance under
34 IC 35-48-4-7(c).
35 (5) Manufacture of paraphernalia as a Class D felony (for a crime
36 committed before July 1, 2014) or Level 6 felony (for a crime
37 committed after June 30, 2014) under IC 35-48-4-8.1(b).
38 (6) Dealing in paraphernalia as a Class D felony (for a crime
39 committed before July 1, 2014) or Level 6 felony (for a crime
40 committed after June 30, 2014) under IC 35-48-4-8.5(b).
41 (7) Possession of paraphernalia as a Class D felony (for a crime
42 committed before July 1, 2014) or Level 6 felony (for a crime
2022	IN 1311—LS 7063/DI 106 53
1 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2 its amendment on July 1, 2015).
3 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
4 D felony (for a crime committed before July 1, 2014) or Level 6
5 felony (for a crime committed after June 30, 2014) under
6 IC 35-48-4-11.
7 (9) A felony offense under IC 35-48-4 involving:
8 (A) possession of a synthetic drug (as defined in
9 IC 35-31.5-2-321);
10 (B) possession of a synthetic drug lookalike substance (as
11 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
12 2019)) as a:
13 (i) Class D felony (for a crime committed before July 1,
14 2014); or
15 (ii) Level 6 felony (for a crime committed after June 30,
16 2014);
17 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
18 (C) possession of a controlled substance analog (as defined in
19 IC 35-48-1-9.3).
20 (10) Maintaining a common nuisance under IC 35-48-4-13
21 (repealed) or IC 35-45-1-5, if the common nuisance involves a
22 controlled substance.
23 (11) An offense relating to registration, labeling, and prescription
24 forms under IC 35-48-4-14.
25 (h) A decision of the department of homeland security under
26 subsections (b) through (g) may be appealed to the commission under
27 IC 4-21.5-3-7.
28 (i) The department of homeland security may temporarily suspend
29 a certificate holder's certificate or license holder's license under
30 IC 4-21.5-4 before a final adjudication or during the appeals process if
31 the department of homeland security finds that a certificate holder or
32 license holder would represent a clear and immediate danger to the
33 public's health, safety, or property if the certificate holder or license
34 holder were allowed to continue to practice.
35 (j) On receipt of a complaint or information alleging that a person
36 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
37 or is engaging in a practice that is subject to disciplinary sanctions
38 under this chapter, the department of homeland security must initiate
39 an investigation against the person.
40 (k) The department of homeland security shall conduct a factfinding
41 investigation as the department of homeland security considers proper
42 in relation to the complaint.
2022	IN 1311—LS 7063/DI 106 54
1 (l) The department of homeland security may reinstate a certificate
2 or license that has been suspended under this section if the department
3 of homeland security is satisfied that the applicant is able to practice
4 with reasonable skill, competency, and safety to the public. As a
5 condition of reinstatement, the department of homeland security may
6 impose disciplinary or corrective measures authorized under this
7 chapter.
8 (m) The department of homeland security may not reinstate a
9 certificate or license that has been revoked under this chapter.
10 (n) The department of homeland security must be consistent in the
11 application of sanctions authorized in this chapter. Significant
12 departures from prior decisions involving similar conduct must be
13 explained in the department of homeland security's findings or orders.
14 (o) A certificate holder may not surrender the certificate holder's
15 certificate, and a license holder may not surrender the license holder's
16 license, without the written approval of the department of homeland
17 security, and the department of homeland security may impose any
18 conditions appropriate to the surrender or reinstatement of a
19 surrendered certificate or license.
20 (p) For purposes of this section, "certificate holder" means a person
21 who holds:
22 (1) an unlimited certificate;
23 (2) a limited or probationary certificate; or
24 (3) an inactive certificate.
25 (q) For purposes of this section, "license holder" means a person
26 who holds:
27 (1) an unlimited license;
28 (2) a limited or probationary license; or
29 (3) an inactive license.
30 SECTION 9. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
31 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 14.5. The department of homeland security may
33 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
34 certification or licensure or permanently revoke a certificate or license
35 under procedures provided by section 14 of this chapter if the
36 individual who holds the certificate or license issued under this title is
37 convicted of any of the following:
38 (1) Dealing in a controlled substance resulting in death under
39 IC 35-42-1-1.5.
40 (2) Dealing in or manufacturing cocaine or a narcotic drug under
41 IC 35-48-4-1.
42 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2022	IN 1311—LS 7063/DI 106 55
1 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2 (5) Dealing in a schedule I, II, or III controlled substance under
3 IC 35-48-4-2.
4 (6) Dealing in a schedule IV controlled substance under
5 IC 35-48-4-3.
6 (7) Dealing in a schedule V controlled substance under
7 IC 35-48-4-4.
8 (8) Dealing in a substance represented to be a controlled
9 substance under IC 35-48-4-4.5 (repealed).
10 (9) Knowingly or intentionally manufacturing, advertising,
11 distributing, or possessing with intent to manufacture, advertise,
12 or distribute a substance represented to be a controlled substance
13 under IC 35-48-4-4.6.
14 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
15 (11) Dealing in marijuana, hash oil, hashish, or salvia or
16 mislabeled low THC hemp extract as a felony under
17 IC 35-48-4-10.
18 (12) An offense under IC 35-48-4 involving the manufacture or
19 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
20 synthetic drug lookalike substance (as defined in
21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
22 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
23 substance analog (as defined in IC 35-48-1-9.3), or a substance
24 represented to be a controlled substance (as described in
25 IC 35-48-4-4.6).
26 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
27 SECTION 10. IC 16-42-27-2, AS AMENDED BY P.L.80-2019,
28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 2. (a) A prescriber may, directly or by standing
30 order, prescribe or dispense an overdose intervention drug without
31 examining the individual to whom it may be administered if all of the
32 following conditions are met:
33 (1) The overdose intervention drug is dispensed or prescribed to:
34 (A) a person at risk of experiencing an opioid-related
35 overdose; or
36 (B) a family member, a friend, or any other individual or entity
37 in a position to assist an individual who, there is reason to
38 believe, is at risk of experiencing an opioid-related overdose.
39 (2) The prescriber instructs the individual receiving the overdose
40 intervention drug or prescription to summon emergency services
41 either immediately before or immediately after administering the
42 overdose intervention drug to an individual experiencing an
2022	IN 1311—LS 7063/DI 106 56
1 opioid-related overdose.
2 (3) The prescriber provides education and training on drug
3 overdose response and treatment, including the administration of
4 an overdose intervention drug.
5 (4) The prescriber provides drug addiction treatment information
6 and referrals to drug treatment programs, including programs in
7 the local area and programs that offer medication assisted
8 treatment that includes a federal Food and Drug Administration
9 approved long acting, nonaddictive medication for the treatment
10 of opioid or alcohol dependence.
11 (b) A prescriber may provide a prescription of an overdose
12 intervention drug to an individual as a part of the individual's addiction
13 treatment plan.
14 (c) An individual described in subsection (a)(1) may administer an
15 overdose intervention drug to an individual who is suffering from an
16 overdose.
17 (d) An individual described in subsection (a)(1) may not be
18 considered to be practicing medicine without a license in violation of
19 IC 25-22.5-8-2, if the individual, acting in good faith, does the
20 following:
21 (1) Obtains the overdose intervention drug from a prescriber or
22 entity acting under a standing order issued by a prescriber.
23 (2) Administers the overdose intervention drug to an individual
24 who is experiencing an apparent opioid-related overdose.
25 (3) Attempts to summon emergency services either immediately
26 before or immediately after administering the overdose
27 intervention drug.
28 (e) An entity acting under a standing order issued by a prescriber
29 must do the following:
30 (1) Annually register with either the:
31 (A) state department; or
32 (B) local health department in the county where services will
33 be provided by the entity;
34 in a manner prescribed by the state department.
35 (2) Provide education and training on drug overdose response and
36 treatment, including the administration of an overdose
37 intervention drug.
38 (3) Provide drug addiction treatment information and referrals to
39 drug treatment programs, including programs in the local area and
40 programs that offer medication assisted treatment that includes a
41 federal Food and Drug Administration approved long acting,
42 nonaddictive medication for the treatment of opioid or alcohol
2022	IN 1311—LS 7063/DI 106 57
1 dependence.
2 (4) Submit an annual report to the state department containing:
3 (A) the number of sales of the overdose intervention drug
4 dispensed;
5 (B) the dates of sale of the overdose intervention drug
6 dispensed; and
7 (C) any additional information requested by the state
8 department.
9 (f) The state department shall ensure that a statewide standing order
10 for the dispensing of an overdose intervention drug in Indiana is issued
11 under this section. The state health commissioner or a designated
12 public health authority who is a licensed prescriber may, as part of the
13 individual's official capacity, issue a statewide standing order that may
14 be used for the dispensing of an overdose intervention drug under this
15 section. The immunity provided in IC 34-13-3-3 applies to an
16 individual described in this subsection.
17 (g) A law enforcement officer may not take an individual into
18 custody based solely on the commission of an offense described in
19 subsection (h), if the law enforcement officer, after making a
20 reasonable determination and considering the facts and surrounding
21 circumstances, reasonably believes that the individual:
22 (1) obtained the overdose intervention drug as described in
23 subsection (a)(1);
24 (2) complied with the provisions in subsection (d);
25 (3) administered an overdose intervention drug to an individual
26 who appeared to be experiencing an opioid-related overdose;
27 (4) provided:
28 (A) the individual's full name; and
29 (B) any other relevant information requested by the law
30 enforcement officer;
31 (5) remained at the scene with the individual who reasonably
32 appeared to be in need of medical assistance until emergency
33 medical assistance arrived;
34 (6) cooperated with emergency medical assistance personnel and
35 law enforcement officers at the scene; and
36 (7) came into contact with law enforcement because the
37 individual requested emergency medical assistance for another
38 individual who appeared to be experiencing an opioid-related
39 overdose.
40 (h) An individual who meets the criteria in subsection (g) is immune
41 from criminal prosecution for the following:
42 (1) IC 35-48-4-6 (possession of cocaine).
2022	IN 1311—LS 7063/DI 106 58
1 (2) IC 35-48-4-6.1 (possession of methamphetamine).
2 (3) IC 35-48-4-7 (possession of a controlled substance).
3 (4) IC 35-48-4-8.3 (possession of paraphernalia).
4 (5) IC 35-48-4-11 (possession of marijuana salvia).
5 (6) An offense under IC 35-48-4 involving possession of a
6 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
7 controlled substance analog (as defined in IC 35-48-1-9.3), or
8 possession of a substance represented to be a controlled substance
9 (as described in IC 35-48-4-4.6).
10 SECTION 11. IC 20-28-5-8, AS AMENDED BY P.L.174-2021,
11 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 8. (a) This section applies when a prosecuting
13 attorney knows that a licensed employee of a public school or a
14 nonpublic school has been convicted of an offense listed in subsection
15 (c). The prosecuting attorney shall immediately give written notice of
16 the conviction to the following:
17 (1) The secretary of education.
18 (2) Except as provided in subdivision (3), the superintendent of
19 the school corporation that employs the licensed employee or the
20 equivalent authority if a nonpublic school employs the licensed
21 employee.
22 (3) The presiding officer of the governing body of the school
23 corporation that employs the licensed employee, if the convicted
24 licensed employee is the superintendent of the school corporation.
25 (b) The superintendent of a school corporation, presiding officer of
26 the governing body, or equivalent authority for a nonpublic school shall
27 immediately notify the secretary of education when the individual
28 knows that a current or former licensed employee of the public school
29 or nonpublic school has been convicted of an offense listed in
30 subsection (c), or when the governing body or equivalent authority for
31 a nonpublic school takes any final action in relation to an employee
32 who engaged in any offense listed in subsection (c).
33 (c) Except as provided in section 8.5 of this chapter, the department
34 shall permanently revoke the license of a person who is known by the
35 department to have been convicted of any of the following felonies:
36 (1) Kidnapping (IC 35-42-3-2).
37 (2) Criminal confinement (IC 35-42-3-3).
38 (3) Rape (IC 35-42-4-1).
39 (4) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
40 (5) Child molesting (IC 35-42-4-3).
41 (6) An offense under IC 35-42-4-4(b) or IC 35-42-4-4(c).
42 (7) Vicarious sexual gratification (IC 35-42-4-5).
2022	IN 1311—LS 7063/DI 106 59
1 (8) Child solicitation (IC 35-42-4-6).
2 (9) Child seduction (IC 35-42-4-7).
3 (10) Sexual misconduct with a minor (IC 35-42-4-9).
4 (11) Incest (IC 35-46-1-3).
5 (12) Dealing in or manufacturing cocaine or a narcotic drug (IC
6 35-48-4-1).
7 (13) Dealing in methamphetamine (IC 35-48-4-1.1).
8 (14) Manufacturing methamphetamine (IC 35-48-4-1.2).
9 (15) Dealing in a schedule I, II, or III controlled substance (IC
10 35-48-4-2).
11 (16) Dealing in a schedule IV controlled substance (IC
12 35-48-4-3).
13 (17) Dealing in a schedule V controlled substance (IC 35-48-4-4).
14 (18) Dealing in a counterfeit substance (IC 35-48-4-5).
15 (19) Dealing in marijuana, hash oil, hashish, or salvia or
16 mislabeled low THC hemp extract as a felony (IC 35-48-4-10).
17 (20) An offense under IC 35-48-4 involving the manufacture or
18 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
19 synthetic drug lookalike substance (as defined in
20 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
21 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
22 substance analog (as defined in IC 35-48-1-9.3), or a substance
23 represented to be a controlled substance (as described in
24 IC 35-48-4-4.6).
25 (21) Possession of child pornography (IC 35-42-4-4(d) or
26 IC 35-42-4-4(e)).
27 (22) Homicide (IC 35-42-1).
28 (23) Voluntary manslaughter (IC 35-42-1-3).
29 (24) Reckless homicide (IC 35-42-1-5).
30 (25) Battery as any of the following:
31 (A) A Class A felony (for a crime committed before July 1,
32 2014) or a Level 2 felony (for a crime committed after June
33 30, 2014).
34 (B) A Class B felony (for a crime committed before July 1,
35 2014) or a Level 3 felony (for a crime committed after June
36 30, 2014).
37 (C) A Class C felony (for a crime committed before July 1,
38 2014) or a Level 5 felony (for a crime committed after June
39 30, 2014).
40 (26) Aggravated battery (IC 35-42-2-1.5).
41 (27) Robbery (IC 35-42-5-1).
42 (28) Carjacking (IC 35-42-5-2) (before its repeal).
2022	IN 1311—LS 7063/DI 106 60
1 (29) Arson as a Class A felony or Class B felony (for a crime
2 committed before July 1, 2014) or as a Level 2, Level 3, or Level
3 4 felony (for a crime committed after June 30, 2014) (IC
4 35-43-1-1(a)).
5 (30) Burglary as a Class A felony or Class B felony (for a crime
6 committed before July 1, 2014) or as a Level 1, Level 2, Level 3,
7 or Level 4 felony (for a crime committed after June 30, 2014) (IC
8 35-43-2-1).
9 (31) Human trafficking (IC 35-42-3.5).
10 (32) Dealing in a controlled substance resulting in death (IC
11 35-42-1-1.5).
12 (33) Attempt under IC 35-41-5-1 to commit an offense listed in
13 this subsection.
14 (34) Conspiracy under IC 35-41-5-2 to commit an offense listed
15 in this subsection.
16 (d) The department shall permanently revoke the license of a person
17 who is known by the department to have been convicted of a federal
18 offense or an offense in another state that is comparable to a felony
19 listed in subsection (c).
20 (e) A license may be suspended by the secretary of education as
21 specified in IC 20-28-7.5.
22 (f) The department shall develop a data base of information on
23 school corporation employees who have been reported to the
24 department under this section.
25 (g) Upon receipt of information from the office of judicial
26 administration in accordance with IC 33-24-6-3 concerning persons
27 convicted of an offense listed in subsection (c), the department shall:
28 (1) cross check the information received from the office of
29 judicial administration with information concerning licensed
30 teachers (as defined in IC 20-18-2-22(b)) maintained by the
31 department; and
32 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
33 convicted of an offense described in subsection (c), revoke the
34 licensed teacher's license.
35 SECTION 12. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
36 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 16. (a) A practitioner shall comply with the
38 standards established under this licensing program. A practitioner is
39 subject to the exercise of the disciplinary sanctions under subsection
40 (b) if the department finds that a practitioner has:
41 (1) engaged in or knowingly cooperated in fraud or material
42 deception in order to obtain a license to practice, including
2022	IN 1311—LS 7063/DI 106 61
1 cheating on a licensing examination;
2 (2) engaged in fraud or material deception in the course of
3 professional services or activities;
4 (3) advertised services or goods in a false or misleading manner;
5 (4) falsified or knowingly allowed another person to falsify
6 attendance records or certificates of completion of continuing
7 education courses provided under this chapter;
8 (5) been convicted of a crime that has a direct bearing on the
9 practitioner's ability to continue to practice competently;
10 (6) knowingly violated a state statute or rule or federal statute or
11 regulation regulating the profession for which the practitioner is
12 licensed;
13 (7) continued to practice although the practitioner has become
14 unfit to practice due to:
15 (A) professional incompetence;
16 (B) failure to keep abreast of current professional theory or
17 practice;
18 (C) physical or mental disability; or
19 (D) addiction to, abuse of, or severe dependency on alcohol or
20 other drugs that endanger the public by impairing a
21 practitioner's ability to practice safely;
22 (8) engaged in a course of lewd or immoral conduct in connection
23 with the delivery of services to the public;
24 (9) allowed the practitioner's name or a license issued under this
25 chapter to be used in connection with an individual or business
26 who renders services beyond the scope of that individual's or
27 business's training, experience, or competence;
28 (10) had disciplinary action taken against the practitioner or the
29 practitioner's license to practice in another state or jurisdiction on
30 grounds similar to those under this chapter;
31 (11) assisted another person in committing an act that would
32 constitute a ground for disciplinary sanction under this chapter;
33 or
34 (12) allowed a license issued by the department to be:
35 (A) used by another person; or
36 (B) displayed to the public when the license has expired, is
37 inactive, is invalid, or has been revoked or suspended.
38 For purposes of subdivision (10), a certified copy of a record of
39 disciplinary action constitutes prima facie evidence of a disciplinary
40 action in another jurisdiction.
41 (b) The department may impose one (1) or more of the following
42 sanctions if the department finds that a practitioner is subject to
2022	IN 1311—LS 7063/DI 106 62
1 disciplinary sanctions under subsection (a):
2 (1) Permanent revocation of a practitioner's license.
3 (2) Suspension of a practitioner's license.
4 (3) Censure of a practitioner.
5 (4) Issuance of a letter of reprimand.
6 (5) Assessment of a civil penalty against the practitioner in
7 accordance with the following:
8 (A) The civil penalty may not be more than one thousand
9 dollars ($1,000) for each violation listed in subsection (a),
10 except for a finding of incompetency due to a physical or
11 mental disability.
12 (B) When imposing a civil penalty, the department shall
13 consider a practitioner's ability to pay the amount assessed. If
14 the practitioner fails to pay the civil penalty within the time
15 specified by the department, the department may suspend the
16 practitioner's license without additional proceedings. However,
17 a suspension may not be imposed if the sole basis for the
18 suspension is the practitioner's inability to pay a civil penalty.
19 (6) Placement of a practitioner on probation status and
20 requirement of the practitioner to:
21 (A) report regularly to the department upon the matters that
22 are the basis of probation;
23 (B) limit practice to those areas prescribed by the department;
24 (C) continue or renew professional education approved by the
25 department until a satisfactory degree of skill has been attained
26 in those areas that are the basis of the probation; or
27 (D) perform or refrain from performing any acts, including
28 community restitution or service without compensation, that
29 the department considers appropriate to the public interest or
30 to the rehabilitation or treatment of the practitioner.
31 The department may withdraw or modify this probation if the
32 department finds after a hearing that the deficiency that required
33 disciplinary action has been remedied or that changed
34 circumstances warrant a modification of the order.
35 (c) If an applicant or a practitioner has engaged in or knowingly
36 cooperated in fraud or material deception to obtain a license to
37 practice, including cheating on the licensing examination, the
38 department may rescind the license if it has been granted, void the
39 examination or other fraudulent or deceptive material, and prohibit the
40 applicant from reapplying for the license for a length of time
41 established by the department.
42 (d) The department may deny licensure to an applicant who has had
2022	IN 1311—LS 7063/DI 106 63
1 disciplinary action taken against the applicant or the applicant's license
2 to practice in another state or jurisdiction or who has practiced without
3 a license in violation of the law. A certified copy of the record of
4 disciplinary action is conclusive evidence of the other jurisdiction's
5 disciplinary action.
6 (e) The department may order a practitioner to submit to a
7 reasonable physical or mental examination if the practitioner's physical
8 or mental capacity to practice safely and competently is at issue in a
9 disciplinary proceeding. Failure to comply with a department order to
10 submit to a physical or mental examination makes a practitioner liable
11 to temporary suspension under subsection (j).
12 (f) Except as provided under subsection (g) or (h), a license may not
13 be denied, revoked, or suspended because the applicant or holder has
14 been convicted of an offense. The acts from which the applicant's or
15 holder's conviction resulted may, however, be considered as to whether
16 the applicant or holder should be entrusted to serve the public in a
17 specific capacity.
18 (g) The department may deny, suspend, or revoke a license issued
19 under this chapter if the individual who holds the license is convicted
20 of any of the following:
21 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
22 (2) Possession of methamphetamine under IC 35-48-4-6.1.
23 (3) Possession of a controlled substance under IC 35-48-4-7(a).
24 (4) Fraudulently obtaining a controlled substance under
25 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
26 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
27 (5) Manufacture of paraphernalia as a Class D felony (for a crime
28 committed before July 1, 2014) or a Level 6 felony (for a crime
29 committed after June 30, 2014) under IC 35-48-4-8.1(b).
30 (6) Dealing in paraphernalia as a Class D felony (for a crime
31 committed before July 1, 2014) or a Level 6 felony (for a crime
32 committed after June 30, 2014) under IC 35-48-4-8.5(b).
33 (7) Possession of paraphernalia as a Class D felony (for a crime
34 committed before July 1, 2014) or a Level 6 felony (for a crime
35 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
36 its amendment on July 1, 2015).
37 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
38 D felony (for a crime committed before July 1, 2014) or a Level
39 6 felony (for a crime committed after June 30, 2014) under
40 IC 35-48-4-11.
41 (9) A felony offense under IC 35-48-4 involving possession of a
42 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2022	IN 1311—LS 7063/DI 106 64
1 controlled substance analog (as defined in IC 35-48-1-9.3), or
2 possession of a synthetic drug lookalike substance (as defined in
3 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
4 (A) Class D felony for a crime committed before July 1, 2014;
5 or
6 (B) Level 6 felony for a crime committed after June 30, 2014;
7 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
8 (10) Maintaining a common nuisance under IC 35-48-4-13
9 (repealed) or IC 35-45-1-5, if the common nuisance involves a
10 controlled substance.
11 (11) An offense relating to registration, labeling, and prescription
12 forms under IC 35-48-4-14.
13 (h) The department shall deny, revoke, or suspend a license issued
14 under this chapter if the individual who holds the license is convicted
15 of any of the following:
16 (1) Dealing in a controlled substance resulting in death under
17 IC 35-42-1-1.5.
18 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
19 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
20 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
21 (5) Dealing in a schedule I, II, or III controlled substance under
22 IC 35-48-4-2.
23 (6) Dealing in a schedule IV controlled substance under
24 IC 35-48-4-3.
25 (7) Dealing in a schedule V controlled substance under
26 IC 35-48-4-4.
27 (8) Dealing in a substance represented to be a controlled
28 substance under IC 35-48-4-4.5 (repealed).
29 (9) Knowingly or intentionally manufacturing, advertising,
30 distributing, or possessing with intent to manufacture, advertise,
31 or distribute a substance represented to be a controlled substance
32 under IC 35-48-4-4.6.
33 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
34 (11) Dealing in marijuana, hash oil, hashish, or salvia or
35 mislabeled low THC hemp extract as a felony under
36 IC 35-48-4-10.
37 (12) An offense under IC 35-48-4 involving the manufacture or
38 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
39 synthetic drug lookalike substance (as defined in
40 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
41 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
42 substance analog (as defined in IC 35-48-1-9.3), or a substance
2022	IN 1311—LS 7063/DI 106 65
1 represented to be a controlled substance (as described in
2 IC 35-48-4-4.6).
3 (13) A violation of any federal or state drug law or rule related to
4 wholesale legend drug distributors licensed under IC 25-26-14.
5 (i) A decision of the department under subsections (b) through (h)
6 may be appealed to the commission under IC 4-21.5-3-7.
7 (j) The department may temporarily suspend a practitioner's license
8 under IC 4-21.5-4 before a final adjudication or during the appeals
9 process if the department finds that a practitioner represents a clear and
10 immediate danger to the public's health, safety, or property if the
11 practitioner is allowed to continue to practice.
12 (k) On receipt of a complaint or an information alleging that a
13 person licensed under this chapter has engaged in or is engaging in a
14 practice that jeopardizes the public health, safety, or welfare, the
15 department shall initiate an investigation against the person.
16 (l) Any complaint filed with the office of the attorney general
17 alleging a violation of this licensing program shall be referred to the
18 department for summary review and for its general information and any
19 authorized action at the time of the filing.
20 (m) The department shall conduct a fact finding investigation as the
21 department considers proper in relation to the complaint.
22 (n) The department may reinstate a license that has been suspended
23 under this section if, after a hearing, the department is satisfied that the
24 applicant is able to practice with reasonable skill, safety, and
25 competency to the public. As a condition of reinstatement, the
26 department may impose disciplinary or corrective measures authorized
27 under this chapter.
28 (o) The department may not reinstate a license that has been
29 revoked under this chapter. An individual whose license has been
30 revoked under this chapter may not apply for a new license until seven
31 (7) years after the date of revocation.
32 (p) The department shall seek to achieve consistency in the
33 application of sanctions authorized in this chapter. Significant
34 departures from prior decisions involving similar conduct must be
35 explained in the department's findings or orders.
36 (q) A practitioner may petition the department to accept the
37 surrender of the practitioner's license instead of having a hearing before
38 the commission. The practitioner may not surrender the practitioner's
39 license without the written approval of the department, and the
40 department may impose any conditions appropriate to the surrender or
41 reinstatement of a surrendered license.
42 (r) A practitioner who has been subjected to disciplinary sanctions
2022	IN 1311—LS 7063/DI 106 66
1 may be required by the commission to pay the costs of the proceeding.
2 The practitioner's ability to pay shall be considered when costs are
3 assessed. If the practitioner fails to pay the costs, a suspension may not
4 be imposed solely upon the practitioner's inability to pay the amount
5 assessed. The costs are limited to costs for the following:
6 (1) Court reporters.
7 (2) Transcripts.
8 (3) Certification of documents.
9 (4) Photo duplication.
10 (5) Witness attendance and mileage fees.
11 (6) Postage.
12 (7) Expert witnesses.
13 (8) Depositions.
14 (9) Notarizations.
15 SECTION 13. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
16 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
18 commission, or a committee may suspend, deny, or revoke a license or
19 certificate issued under this title by the board, the commission, or the
20 committee without an investigation by the office of the attorney general
21 if the individual who holds the license or certificate is convicted of any
22 of the following and the board, commission, or committee determines,
23 after the individual has appeared in person, that the offense affects the
24 individual's ability to perform the duties of the profession:
25 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
26 (2) Possession of methamphetamine under IC 35-48-4-6.1.
27 (3) Possession of a controlled substance under IC 35-48-4-7(a).
28 (4) Fraudulently obtaining a controlled substance under
29 IC 35-48-4-7(c).
30 (5) Manufacture of paraphernalia as a Class D felony (for a crime
31 committed before July 1, 2014) or a Level 6 felony (for a crime
32 committed after June 30, 2014) under IC 35-48-4-8.1(b).
33 (6) Dealing in paraphernalia as a Class D felony (for a crime
34 committed before July 1, 2014) or a Level 6 felony (for a crime
35 committed after June 30, 2014) under IC 35-48-4-8.5(b).
36 (7) Possession of paraphernalia as a Class D felony (for a crime
37 committed before July 1, 2014) or a Level 6 felony (for a crime
38 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
39 its amendment on July 1, 2015).
40 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
41 D felony (for a crime committed before July 1, 2014) or a Level
42 6 felony (for a crime committed after June 30, 2014) under
2022	IN 1311—LS 7063/DI 106 67
1 IC 35-48-4-11.
2 (9) A felony offense under IC 35-48-4 involving possession of a
3 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
4 controlled substance analog (as defined in IC 35-48-1-9.3), or
5 possession of a synthetic drug lookalike substance (as defined in
6 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
7 (A) Class D felony for a crime committed before July 1, 2014;
8 or
9 (B) Level 6 felony for a crime committed after June 30, 2014;
10 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
11 (10) Maintaining a common nuisance under IC 35-48-4-13
12 (repealed) or IC 35-45-1-5, if the common nuisance involves a
13 controlled substance.
14 (11) An offense relating to registration, labeling, and prescription
15 forms under IC 35-48-4-14.
16 (12) A sex crime under IC 35-42-4.
17 (13) A felony that reflects adversely on the individual's fitness to
18 hold a professional license.
19 SECTION 14. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
20 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 3. A board, a commission, or a committee shall
22 revoke or suspend a license or certificate issued under this title by the
23 board, the commission, or the committee if the individual who holds
24 the license or certificate is convicted of any of the following:
25 (1) Dealing in a controlled substance resulting in death under
26 IC 35-42-1-1.5.
27 (2) Dealing in or manufacturing cocaine or a narcotic drug under
28 IC 35-48-4-1.
29 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
30 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
31 (5) Dealing in a schedule I, II, or III controlled substance under
32 IC 35-48-4-2.
33 (6) Dealing in a schedule IV controlled substance under
34 IC 35-48-4-3.
35 (7) Dealing in a schedule V controlled substance under
36 IC 35-48-4-4.
37 (8) Dealing in a substance represented to be a controlled
38 substance under IC 35-48-4-4.5 (before its repeal on July 1,
39 2019).
40 (9) Knowingly or intentionally manufacturing, advertising,
41 distributing, or possessing with intent to manufacture, advertise,
42 or distribute a substance represented to be a controlled substance
2022	IN 1311—LS 7063/DI 106 68
1 under IC 35-48-4-4.6.
2 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
3 (11) Dealing in marijuana, hash oil, hashish, or salvia or
4 mislabeled low THC hemp extract as a felony under
5 IC 35-48-4-10.
6 (12) An offense under IC 35-48-4 involving the manufacture or
7 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
8 synthetic drug lookalike substance (as defined in
9 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
10 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
11 substance analog (as defined in IC 35-48-1-9.3), or a substance
12 represented to be a controlled substance (as described in
13 IC 35-48-4-4.6).
14 (13) A violation of any federal or state drug law or rule related to
15 wholesale legend drug distributors licensed under IC 25-26-14.
16 SECTION 15. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
17 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 1. (a) The following may be seized:
19 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
20 or are intended for use by the person or persons in possession of
21 them to transport or in any manner to facilitate the transportation
22 of the following:
23 (A) A controlled substance for the purpose of committing,
24 attempting to commit, or conspiring to commit any of the
25 following:
26 (i) Dealing in or manufacturing cocaine or a narcotic drug
27 (IC 35-48-4-1).
28 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
29 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
30 (iv) Dealing in a schedule I, II, or III controlled substance
31 (IC 35-48-4-2).
32 (v) Dealing in a schedule IV controlled substance (IC
33 35-48-4-3).
34 (vi) Dealing in a schedule V controlled substance (IC
35 35-48-4-4).
36 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
37 (viii) Possession of cocaine or a narcotic drug (IC
38 35-48-4-6).
39 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
40 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
41 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
42 mislabeled low THC hemp extract (IC 35-48-4-10).
2022	IN 1311—LS 7063/DI 106 69
1 (xii) An offense under IC 35-48-4 involving a synthetic drug
2 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
3 substance (as defined in IC 35-31.5-2-321.5 (before its
4 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
5 repeal on July 1, 2019), a controlled substance analog (as
6 defined in IC 35-48-1-9.3), or a substance represented to be
7 a controlled substance (as described in IC 35-48-4-4.6).
8 (xiii) A violation of IC 7.1-8.
9 (B) Any stolen (IC 35-43-4-2) or converted property (IC
10 35-43-4-3) if the retail or repurchase value of that property is
11 one hundred dollars ($100) or more.
12 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
13 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
14 mass destruction (as defined in IC 35-31.5-2-354) used to
15 commit, used in an attempt to commit, or used in a conspiracy
16 to commit a felony terrorist offense (as defined in
17 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
18 furtherance of an act of terrorism (as defined by
19 IC 35-31.5-2-329).
20 (2) All money, negotiable instruments, securities, weapons,
21 communications devices, or any property used to commit, used in
22 an attempt to commit, or used in a conspiracy to commit a felony
23 terrorist offense (as defined in IC 35-50-2-18) or an offense under
24 IC 35-47 as part of or in furtherance of an act of terrorism or
25 commonly used as consideration for a violation of IC 35-48-4
26 (other than items subject to forfeiture under IC 16-42-20-5 or
27 IC 16-6-8.5-5.1, before its repeal):
28 (A) furnished or intended to be furnished by any person in
29 exchange for an act that is in violation of a criminal statute;
30 (B) used to facilitate any violation of a criminal statute; or
31 (C) traceable as proceeds of the violation of a criminal statute.
32 (3) Any portion of real or personal property purchased with
33 money that is traceable as a proceed of a violation of a criminal
34 statute.
35 (4) A vehicle that is used by a person to:
36 (A) commit, attempt to commit, or conspire to commit;
37 (B) facilitate the commission of; or
38 (C) escape from the commission of;
39 murder (IC 35-42-1-1), dealing in a controlled substance resulting
40 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
41 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
42 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
2022	IN 1311—LS 7063/DI 106 70
1 under IC 35-47 as part of or in furtherance of an act of terrorism.
2 (5) Real property owned by a person who uses it to commit any of
3 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
4 felony:
5 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
6 35-48-4-1).
7 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
8 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
9 (D) Dealing in a schedule I, II, or III controlled substance (IC
10 35-48-4-2).
11 (E) Dealing in a schedule IV controlled substance (IC
12 35-48-4-3).
13 (F) Dealing in marijuana, hash oil, hashish, or salvia or
14 mislabeled low THC hemp extract (IC 35-48-4-10).
15 (G) Dealing in a synthetic drug (as defined in
16 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
17 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
18 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
19 2019).
20 (H) Dealing in a controlled substance resulting in death (IC
21 35-42-1-1.5).
22 (6) Equipment and recordings used by a person to commit fraud
23 under IC 35-43-5.
24 (7) Recordings sold, rented, transported, or possessed by a person
25 in violation of IC 24-4-10.
26 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
27 defined by IC 35-45-6-1) that is the object of a corrupt business
28 influence violation (IC 35-45-6-2).
29 (9) Unlawful telecommunications devices (as defined in
30 IC 35-45-13-6) and plans, instructions, or publications used to
31 commit an offense under IC 35-45-13.
32 (10) Any equipment, including computer equipment and cellular
33 telephones, used for or intended for use in preparing,
34 photographing, recording, videotaping, digitizing, printing,
35 copying, or disseminating matter in violation of IC 35-42-4.
36 (11) Destructive devices used, possessed, transported, or sold in
37 violation of IC 35-47.5.
38 (12) Tobacco products that are sold in violation of IC 24-3-5,
39 tobacco products that a person attempts to sell in violation of
40 IC 24-3-5, and other personal property owned and used by a
41 person to facilitate a violation of IC 24-3-5.
42 (13) Property used by a person to commit counterfeiting or
2022	IN 1311—LS 7063/DI 106 71
1 forgery in violation of IC 35-43-5-2.
2 (14) After December 31, 2005, if a person is convicted of an
3 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
4 following real or personal property:
5 (A) Property used or intended to be used to commit, facilitate,
6 or promote the commission of the offense.
7 (B) Property constituting, derived from, or traceable to the
8 gross proceeds that the person obtained directly or indirectly
9 as a result of the offense.
10 (15) Except as provided in subsection (e), a vehicle used by a
11 person who operates the vehicle:
12 (A) while intoxicated, in violation of IC 9-30-5-1 through
13 IC 9-30-5-5, if in the previous five (5) years the person has two
14 (2) or more prior unrelated convictions for operating a motor
15 vehicle while intoxicated in violation of IC 9-30-5-1 through
16 IC 9-30-5-5; or
17 (B) on a highway while the person's driving privileges are
18 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
19 if in the previous five (5) years the person has two (2) or more
20 prior unrelated convictions for operating a vehicle while
21 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
22 If a court orders the seizure of a vehicle under this subdivision,
23 the court shall transmit an order to the bureau of motor vehicles
24 recommending that the bureau not permit a vehicle to be
25 registered in the name of the person whose vehicle was seized
26 until the person possesses a current driving license (as defined in
27 IC 9-13-2-41).
28 (16) Cannabis and cannabis products grown, processed, sold,
29 or offered for sale in violation of IC 7.1-8.
30 (16) (17) The following real or personal property:
31 (A) Property used or intended to be used to commit, facilitate,
32 or promote the commission of an offense specified in
33 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
34 IC 30-2-13-38(f).
35 (B) Property constituting, derived from, or traceable to the
36 gross proceeds that a person obtains directly or indirectly as a
37 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
38 IC 30-2-10-9(b), or IC 30-2-13-38(f).
39 (17) (18) Real or personal property, including a vehicle, that is
40 used by a person to:
41 (A) commit, attempt to commit, or conspire to commit;
42 (B) facilitate the commission of; or
2022	IN 1311—LS 7063/DI 106 72
1 (C) escape from the commission of;
2 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
3 trafficking) or IC 35-45-4-4 (promoting prostitution).
4 (b) A vehicle used by any person as a common or contract carrier in
5 the transaction of business as a common or contract carrier is not
6 subject to seizure under this section, unless it can be proven by a
7 preponderance of the evidence that the owner of the vehicle knowingly
8 permitted the vehicle to be used to engage in conduct that subjects it to
9 seizure under subsection (a).
10 (c) Equipment under subsection (a)(10) may not be seized unless it
11 can be proven by a preponderance of the evidence that the owner of the
12 equipment knowingly permitted the equipment to be used to engage in
13 conduct that subjects it to seizure under subsection (a)(10).
14 (d) Money, negotiable instruments, securities, weapons,
15 communications devices, or any property commonly used as
16 consideration for a violation of IC 35-48-4 found near or on a person
17 who is committing, attempting to commit, or conspiring to commit any
18 of the following offenses shall be admitted into evidence in an action
19 under this chapter as prima facie evidence that the money, negotiable
20 instrument, security, or other thing of value is property that has been
21 used or was to have been used to facilitate the violation of a criminal
22 statute or is the proceeds of the violation of a criminal statute:
23 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
24 death).
25 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
26 narcotic drug).
27 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
28 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
29 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
30 substance).
31 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
32 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
33 as a Level 4 felony.
34 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
35 Level 3, Level 4, or Level 5 felony.
36 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
37 3, Level 4, or Level 5 felony.
38 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
39 salvia or mislabeled low THC hemp extract) as a Level 5
40 felony.
41 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
42 in a synthetic drug or synthetic drug lookalike substance) as a
2022	IN 1311—LS 7063/DI 106 73
1 Level 5 felony or Level 6 felony (or as a Class C felony or Class
2 D felony under IC 35-48-4-10 before its amendment in 2013).
3 (e) A vehicle operated by a person who is not:
4 (1) an owner of the vehicle; or
5 (2) the spouse of the person who owns the vehicle;
6 is not subject to seizure under subsection (a)(15) unless it can be
7 proven by a preponderance of the evidence that the owner of the
8 vehicle knowingly permitted the vehicle to be used to engage in
9 conduct that subjects it to seizure under subsection (a)(15).
10 SECTION 16. IC 34-30-2-23.5 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2022]: Sec. 23.5. IC 7.1-8-7-16 (Concerning
13 acts and omissions of the members of the cannabis commission and
14 their officers and employees).
15 SECTION 17. IC 35-31.5-2-185, AS AMENDED BY P.L.58-2020,
16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 185. (a) "Law enforcement officer" means:
18 (1) a police officer (including a correctional police officer),
19 sheriff, constable, marshal, prosecuting attorney, special
20 prosecuting attorney, special deputy prosecuting attorney, the
21 securities commissioner, or the inspector general;
22 (2) a deputy of any of those persons;
23 (3) an investigator for a prosecuting attorney or for the inspector
24 general;
25 (4) a conservation officer;
26 (5) an enforcement officer of the alcohol and tobacco commission
27 or of the cannabis commission;
28 (6) an enforcement officer of the securities division of the office
29 of the secretary of state; or
30 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
31 control officer employed by the gaming control division under
32 IC 4-33-20.
33 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
34 includes an alcoholic beverage enforcement officer, as set forth in
35 IC 35-42-2-1.
36 (c) "Law enforcement officer", for purposes of IC 35-45-15,
37 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
38 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
39 IC 35-44.1-3-2, includes a school resource officer (as defined in
40 IC 20-26-18.2-1) and a school corporation police officer appointed
41 under IC 20-26-16.
42 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
2022	IN 1311—LS 7063/DI 106 74
1 meaning set forth in IC 35-40.5-1-1.
2 SECTION 18. IC 35-45-6-1, AS AMENDED BY P.L.80-2019,
3 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 1. (a) The definitions in this section apply
5 throughout this chapter.
6 (b) "Documentary material" means any document, drawing,
7 photograph, recording, or other tangible item containing compiled data
8 from which information can be either obtained or translated into a
9 usable form.
10 (c) "Enterprise" means:
11 (1) a sole proprietorship, corporation, limited liability company,
12 partnership, business trust, or governmental entity; or
13 (2) a union, an association, or a group, whether a legal entity or
14 merely associated in fact.
15 (d) "Pattern of racketeering activity" means engaging in at least two
16 (2) incidents of racketeering activity that have the same or similar
17 intent, result, accomplice, victim, or method of commission, or that are
18 otherwise interrelated by distinguishing characteristics that are not
19 isolated incidents. However, the incidents are a pattern of racketeering
20 activity only if at least one (1) of the incidents occurred after August
21 31, 1980, and if the last of the incidents occurred within five (5) years
22 after a prior incident of racketeering activity.
23 (e) "Racketeering activity" means to commit, to attempt to commit,
24 to conspire to commit a violation of, or aiding and abetting in a
25 violation of any of the following:
26 (1) A provision of IC 23-19, or of a rule or order issued under
27 IC 23-19.
28 (2) A violation of IC 35-45-9.
29 (3) A violation of IC 35-47.
30 (4) A violation of IC 35-49-3.
31 (5) Murder (IC 35-42-1-1).
32 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
33 felony after June 30, 2014 (IC 35-42-2-1).
34 (7) Kidnapping (IC 35-42-3-2).
35 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
36 (9) Child exploitation (IC 35-42-4-4).
37 (10) Robbery (IC 35-42-5-1).
38 (11) Carjacking (IC 35-42-5-2) (before its repeal).
39 (12) Arson (IC 35-43-1-1).
40 (13) Burglary (IC 35-43-2-1).
41 (14) Theft (IC 35-43-4-2).
42 (15) Receiving stolen property (IC 35-43-4-2) (before its
2022	IN 1311—LS 7063/DI 106 75
1 amendment on July 1, 2018).
2 (16) Forgery (IC 35-43-5-2).
3 (17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(10)).
4 (18) Bribery (IC 35-44.1-1-2).
5 (19) Official misconduct (IC 35-44.1-1-1).
6 (20) Conflict of interest (IC 35-44.1-1-4).
7 (21) Perjury (IC 35-44.1-2-1).
8 (22) Obstruction of justice (IC 35-44.1-2-2).
9 (23) Intimidation (IC 35-45-2-1).
10 (24) Promoting prostitution (IC 35-45-4-4).
11 (25) Professional gambling (IC 35-45-5-3).
12 (26) Maintaining a professional gambling site (IC
13 35-45-5-3.5(b)).
14 (27) Promoting professional gambling (IC 35-45-5-4).
15 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
16 35-48-4-1).
17 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
18 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
19 (31) Dealing in a schedule I, II, or III controlled substance (IC
20 35-48-4-2).
21 (32) Dealing in a schedule IV controlled substance (IC
22 35-48-4-3).
23 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
24 (34) Dealing in marijuana, hash oil, hashish, or salvia or
25 mislabeled low THC hemp extract (IC 35-48-4-10).
26 (35) Money laundering (IC 35-45-15-5).
27 (36) A violation of IC 35-47.5-5.
28 (37) A violation of any of the following:
29 (A) IC 23-14-48-9.
30 (B) IC 30-2-9-7(b).
31 (C) IC 30-2-10-9(b).
32 (D) IC 30-2-13-38(f).
33 (38) Practice of law by a person who is not an attorney (IC
34 33-43-2-1).
35 (39) An offense listed in IC 35-48-4 involving the manufacture or
36 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
37 synthetic drug lookalike substance (as defined in
38 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
39 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
40 substance analog (as defined in IC 35-48-1-9.3), or a substance
41 represented to be a controlled substance (as described in
42 IC 35-48-4-4.6).
2022	IN 1311—LS 7063/DI 106 76
1 (40) Dealing in a controlled substance resulting in death (IC
2 35-42-1-1.5).
3 SECTION 19. IC 35-48-2-4, AS AMENDED BY P.L.10-2021,
4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2022]: Sec. 4. (a) The controlled substances listed in this
6 section are included in schedule I.
7 (b) Opiates. Any of the following opiates, including their isomers,
8 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
9 specifically excepted by rule of the board or unless listed in another
10 schedule, whenever the existence of these isomers, esters, ethers, and
11 salts is possible within the specific chemical designation:
12 4-fluoroisobutyryl fentanyl
13 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
14 piperidinyl]-N-phenylacetamide) (9815)
15 Acetyl fentanyl (Other names include:
16 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
17 Acetylmethadol (9601)
18 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
19 N-phenylacrylamide
20 Allylprodine (9602)
21 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
22 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
23 Alphacetylmethadol (9603)
24 Alphameprodine (9604)
25 Alphamethadol (9605)
26 Alphamethylfentanyl (9814)
27 Benzethidine (9606)
28 Beta-hydroxy-3-methylfentanyl (9831). Other name:
29 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
30 ]-N-phenylpropanamide
31 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
32 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
33 Betacetylmethadol (9607)
34 Betameprodine (9608)
35 Betamethadol (9609)
36 Betaprodine (9611)
37 Clonitazene (9612)
38 Cyclopentyl fentanyl. Other name:
39 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
40 Dextromoramide (9613)
41 Diampromide (9615)
42 Diethylthiambutene (9616)
2022	IN 1311—LS 7063/DI 106 77
1 Difenoxin (9168)
2 Dimenoxadol (9617)
3 Dimepheptanol (9618)
4 Dimethylthiambutene (9619)
5 Dioxaphetyl butyrate (9621)
6 Dipipanone (9622)
7 Ethylmethylthiambutene (9623)
8 Etonitazene (9624)
9 Etoxeridine (9625)
10 Fentanyl related substances.
11 Furanyl fentanyl.
12 Furethidine (9626)
13 Hydroxypethidine (9627)
14 Isobutyryl fentanyl. Other name:
15 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
16 Isotonitazene. Other name: N,N-diethyl-2-
17 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
18 1-yl)ethan-1-amine)
19 Ketobemidone (9628)
20 Levomoramide (9629)
21 Levophenacylmorphan (9631)
22 Methoxyacetyl fentanyl. Other name:
23 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
24 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
25 piperidyl]-N-phenyl-propanimide](9813)
26 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
27 piperidinyl]-N-phenylpropanamide) (9833)
28 MDMB-4en-PINACA
29 4F-MDMB-BICA; 4-fluoro MDMB-BICA; 4F-MDMB-BUTICA;
30 Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
31 3-dimethyl-butanoate
32 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
33 Morpheridine (9632)
34 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
35 including any isomers, salts, or salts of isomers (9818)
36 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
37 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
38 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
39 (beta-hydroxythiofentanyl)
40 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
41 (para-chloroisobutyryl fentanyl)
42 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
2022	IN 1311—LS 7063/DI 106 78
1 acetamide (ocfentanil)
2 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
3 (para-fluorobutyryl fentanyl)
4 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
5 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
6 fentanyl)
7 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
8 fentanyl)
9 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
10 (para-methoxybutyryl fentanyl)
11 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
12 (thenylfentanyl), including any isomers, salts, or salts of isomers
13 (9834)
14 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
15 fentanyl)
16 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
17 (cyclopentyl fentanyl)
18 Noracymethadol (9633)
19 Norlevorphanol (9634)
20 Normethadone (9635)
21 Norpipanone (9636)
22 Ocfentanil. Other name:
23 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
24 acetamide
25 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
26 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
27 Para-chloroisobutyryl fentanyl. Other name:
28 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
29 Para-fluorobutyryl fentanyl. Other name:
30 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
31 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
32 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
33 Para-methoxybutyryl fentanyl. Other name:
34 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
35 Phenadoxone (9637)
36 Phenampromide (9638)
37 Phenomorphan (9647)
38 Phenoperidine (9641)
39 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
40 Piritramide (9642)
41 Proheptazine (9643)
42 Properidine (9644)
2022	IN 1311—LS 7063/DI 106 79
1 Propiram (9649)
2 Racemoramide (9645)
3 Tetrahydrofuranyl fentanyl. Other name:
4 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
5 oxamide
6 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
7 piperidinyl]-propanamide) (9835)
8 Tilidine (9750)
9 Trimeperidine (9646)
10 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
11 N-methyl- benzamide)
12 Valeryl fentanyl. Other name:
13 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
14 (c) Opium derivatives. Any of the following opium derivatives, their
15 salts, isomers, and salts of isomers, unless specifically excepted by rule
16 of the board or unless listed in another schedule, whenever the
17 existence of these salts, isomers, and salts of isomers is possible within
18 the specific chemical designation:
19 Acetorphine (9319)
20 Acetyldihydrocodeine (9051)
21 Benzylmorphine (9052)
22 Codeine methylbromide (9070)
23 Codeine-N-Oxide (9053)
24 Cyprenorphine (9054)
25 Desomorphine (9055)
26 Dihydromorphine (9145)
27 Drotebanol (9335)
28 Etorphine (except hydrochloride salt) (9056)
29 Heroin (9200)
30 Hydromorphinol (9301)
31 Methyldesorphine (9302)
32 Methyldihydromorphine (9304)
33 Morphine methylbromide (9305)
34 Morphine methylsulfonate (9306)
35 Morphine-N-Oxide (9307)
36 Myrophine (9308)
37 Nicocodeine (9309)
38 Nicomorphine (9312)
39 Normorphine (9313)
40 Pholcodine (9314)
41 Thebacon (9315)
42 (d) Hallucinogenic substances. Unless specifically excepted or
2022	IN 1311—LS 7063/DI 106 80
1 unless listed in another schedule, any material, compound, mixture, or
2 preparation which contains any quantity of the following
3 hallucinogenic, psychedelic, or psychogenic substances, their salts,
4 isomers, and salts of isomers whenever the existence of these salts,
5 isomers, and salts of isomers is possible within the specific chemical
6 designation (for purposes of this subsection only, the term "isomer"
7 includes the optical, position, and geometric isomers):
8 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
9 TCPy.
10 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
11 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
12 4-Bromo-2, 5-DMA.
13 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
14 or other names:
15 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
16 alpha-desmethyl DOB; 2C-B, Nexus.
17 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
18 DOET.
19 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
20 Other name: 2C-T-7.
21 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
22 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
23 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
24 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
25 PMA.
26 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
27 Name: MMDA.
28 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
29 isomers, salts, or salts of isomers (7439). Other name:
30 5-MeO-DIPT.
31 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
32 and other names: 4-methyl-2,
33 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
34 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
35 MDA.
36 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
37 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
38 phenethylamine; N-ethyl MDA; MDE; and MDEA.
39 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
40 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
41 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
42 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
2022	IN 1311—LS 7063/DI 106 81
1 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
2 (16) Alpha-methyltryptamine (7432). Other name: AMT.
3 (17) Bufotenine (7433). Some trade and other names:
4 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
5 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
6 5-hydroxy-N, N-dimethyltryptamine; mappine.
7 (18) Diethyltryptamine (7434). Some trade or other names: N,
8 N-Diethyltryptamine; DET.
9 (19) Dimethyltryptamine (7435). Some trade or other names:
10 DMT.
11 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
12 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
13 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
14 (21) Lysergic acid diethylamide (7315). Other name: LSD.
15 (22) Marijuana (7360).
16 (23) (22) Mescaline (7381).
17 (24) (23) Parahexyl (7374). Some trade or other names:
18 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
19 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
20 (25) (24) Peyote (7415), including:
21 (A) all parts of the plant that are classified botanically as
22 lophophora williamsii lemaire, whether growing or not;
23 (B) the seeds thereof;
24 (C) any extract from any part of the plant; and
25 (D) every compound, manufacture, salt, derivative, mixture, or
26 preparation of the plant, its seeds, or extracts.
27 (26) (25) N-ethyl-3-piperidyl benzilate (7482). Other name:
28 DMZ.
29 (27) (26) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
30 Other names: N-hydroxy-alpha-methyl-3,4
31 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
32 (28) (27) N-methyl-3-piperidyl benzilate (7484). Other name:
33 LBJ.
34 (29) (28) Psilocybin (7437).
35 (30) (29) Psilocyn (7438).
36 (31) (30) Tetrahydrocannabinols (7370), including synthetic
37 equivalents of the substances contained in the plant, or in the
38 resinous extractives of Cannabis, sp. and synthetic substances,
39 derivatives, and their isomers with similar chemical structure and
40 pharmacological activity such as:
41 (A) ð
1
 cis or trans tetrahydrocannabinol, and their optical
42 isomers;
2022	IN 1311—LS 7063/DI 106 82
1 (B) ð
6
 cis or trans tetrahydrocannabinol, and their optical
2 isomers; and
3 (C) ð
3,
4 cis or trans tetrahydrocannabinol, and their optical
4 isomers.
5 Since nomenclature of these substances is not internationally
6 standardized, compounds of these structures, regardless of
7 numerical designation of atomic positions are covered. Other
8 name: THC.
9 (32) (31) Ethylamine analog of phencyclidine (7455). Some trade
10 or other names: N-Ethyl-1-phenylcyclohexylamine;
11 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
12 ethylamine; cyclohexamine; PCE.
13 (33) (32) Pyrrolidine analog of phencyclidine (7458). Some trade
14 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
y; PHP.
15 (34) (33) Thiophene analog of phencyclidine (7470). Some trade
16 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
17 Analog of Phencyclidine; TPCP.
18 (35) (34) Salvia divinorum or salvinorin A, including:
19 (A) all parts of the plant that are classified botanically as salvia
20 divinorum, whether growing or not;
21 (B) the seeds of the plant;
22 (C) any extract from any part of the plant; and
23 (D) every compound, manufacture, salt, derivative, mixture, or
24 preparation of the plant, its seeds, or extracts.
25 (36) (35) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
26 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
27 5-MeO-DMT.
28 (37) (36) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
29 (38) (37) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
30 (39) (38) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
31 (40) (39) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
32 (41) (40) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
33 (2C-T-2).
34 (42) (41) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
35 (2C-T-4).
36 (43) (42) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
37 (44) (43) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
38 (45) (44) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
39 (2C-P).
40 (46) (45) Deschloroketamine (2-Phenyl-2-
41 (methylamino)cyclohexanone).
42 (47) (46) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
2022	IN 1311—LS 7063/DI 106 83
1 ethyltryptamine).
2 (48) (47) N-methyltryptamine (1H-Indole-3-ethanamine,
3 N-methyl-).
4 (e) Depressants. Unless specifically excepted in a rule adopted by
5 the board or unless listed in another schedule, any material, compound,
6 mixture, or preparation which contains any quantity of the following
7 substances having a depressant effect on the central nervous system,
8 including its salts, isomers, and salts of isomers whenever the existence
9 of such salts, isomers, and salts of isomers is possible within the
10 specific chemical designation:
11 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
12 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
13 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
14 Pasaden)
15 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
16 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
17 Gamma-hydroxybutyric acid (other names include GHB;
18 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
19 oxybate; sodium oxybutyrate) (2010)
20 Mecloqualone (2572)
21 Methaqualone (2565)
22 (f) Stimulants. Unless specifically excepted or unless listed in
23 another schedule, any material, compound, mixture, or preparation that
24 contains any quantity of the following substances having a stimulant
25 effect on the central nervous system, including its salts, isomers, and
26 salts of isomers:
27 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
28 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
29 Aminorex (1585). Other names: aminoxaphen;
30 2-amino-5-phenyl-2-oxazoline; or
31 4,5-dihydro-5-phenyl-2-oxazolamine.
32 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
33 -1-one. Synonyms: BMDP, N-benzyl methylone,
34 3,4-Methylenedioxy-Nbenzylcathinone,
35 N-benzyl-3,4-methylenedioxycathinone.
36 Cathinone (1235). Some trade or other names:
37 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
38 2-aminopropiophenone; and norephedrone.
39 Fenethylline (1503).
40 N-Benzylpiperazine (7493). Other names: BZP; and
41 1-benzylpiperazine.
42 N-ethylamphetamine (1475).
2022	IN 1311—LS 7063/DI 106 84
1 Methcathinone (1237). Some other trade names:
2 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
3 Monomethylpropion; UR 1431.
4 N, N-dimethylamphetamine (1480). Other names: N,
5 N-alpha-trimethyl-benzeneethanamine; and N,
6 N-alpha-trimethylphenethylamine.
7 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
8 SECTION 20. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
9 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 8.5. (a) A person who keeps for sale, offers for
11 sale, delivers, or finances the delivery of a raw material, an instrument,
12 a device, or other object that is intended to be or that is designed or
13 marketed to be used primarily for:
14 (1) ingesting, inhaling, or otherwise introducing into the human
15 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
16 controlled substance;
17 (2) testing the strength, effectiveness, or purity of marijuana, hash
18 oil, hashish, salvia, a synthetic drug, or a controlled substance;
19 (3) enhancing the effect of a controlled substance;
20 (4) manufacturing, compounding, converting, producing,
21 processing, or preparing marijuana, hash oil, hashish, salvia, a
22 synthetic drug, or a controlled substance;
23 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
24 synthetic drug, or a controlled substance by individuals; or
25 (6) any purpose announced or described by the seller that is in
26 violation of this chapter;
27 commits a Class A infraction for dealing in paraphernalia.
28 (b) A person who knowingly or intentionally violates subsection (a)
29 commits a Class A misdemeanor. However, the offense is a Level 6
30 felony if the person has a prior unrelated judgment or conviction under
31 this section.
32 (c) This section does not apply to the following:
33 (1) Items marketed for use in the preparation, compounding,
34 packaging, labeling, or other use of marijuana, hash oil, hashish,
35 salvia, a synthetic drug, or a controlled substance as an incident
36 to lawful research, teaching, or chemical analysis and not for sale.
37 (2) Items marketed for or historically and customarily used in
38 connection with the planting, propagating, cultivating, growing,
39 harvesting, manufacturing, compounding, converting, producing,
40 processing, preparing, testing, analyzing, packaging, repackaging,
41 storing, containing, concealing, injecting, ingesting, or inhaling
42 of tobacco or any other lawful substance.
2022	IN 1311—LS 7063/DI 106 85
1 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
2 a syringe or needle as part of a program under IC 16-41-7.5.
3 (4) Any entity or person that provides funding to a qualified entity
4 (as defined in IC 16-41-7.5-3) to operate a program described in
5 IC 16-41-7.5.
6 SECTION 21. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
7 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 10. (a) A person who:
9 (1) knowingly or intentionally:
10 (A) manufactures;
11 (B) finances the manufacture of;
12 (C) delivers; or
13 (D) finances the delivery of;
14 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
15 (2) possesses, with intent to:
16 (A) manufacture;
17 (B) finance the manufacture of;
18 (C) deliver; or
19 (D) finance the delivery of;
20 marijuana, hash oil, hashish, or salvia, pure or adulterated;
21 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
22 misdemeanor, except as provided in subsections (b) through (d).
23 (b) A person may be convicted of an offense under subsection (a)(2)
24 only if:
25 (1) there is evidence in addition to the weight of the drug that the
26 person intended to manufacture, finance the manufacture of,
27 deliver, or finance the delivery of the drug; or
28 (2) the amount of the drug involved is at least
29 (A) ten (10) pounds, if the drug is marijuana; or
30 (B) three hundred (300) grams, if the drug is hash oil, hashish,
31 or salvia.
32 (c) The offense is a Level 6 felony if:
33 (1) the person has a prior conviction for a drug offense and the
34 amount of the drug involved is
35 (A) less than thirty (30) grams of marijuana; or
36 (B) less than five (5) grams of hash oil, hashish, or salvia; or
37 (2) the amount of the drug involved is
38 (A) at least thirty (30) grams but less than ten (10) pounds of
39 marijuana; or
40 (B) at least five (5) grams but less than three hundred (300)
41 grams of hash oil, hashish, or salvia.
42 (d) The offense is a Level 5 felony if:
2022	IN 1311—LS 7063/DI 106 86
1 (1) the person has a prior conviction for a drug dealing offense
2 and the amount of the drug involved is
3 (A) at least thirty (30) grams but less than ten (10) pounds of
4 marijuana; or
5 (B) at least five (5) grams but less than three hundred (300)
6 grams of hash oil, hashish, or salvia; or
7 (2) the:
8 (A) amount of the drug involved is
9 (i) at least ten (10) pounds of marijuana; or
10 (ii) at least three hundred (300) grams of hash oil, hashish,
11 or salvia; or
12 (B) offense involved a sale to a minor. or
13 (3) the:
14 (A) person is a retailer;
15 (B) marijuana, hash oil, hashish, or salvia is packaged in a
16 manner that appears to be low THC hemp extract; and
17 (C) person knew or reasonably should have known that the
18 product was marijuana, hash oil, hashish, or salvia.
19 (e) A retailer who:
20 (1) knowingly or intentionally:
21 (A) manufactures;
22 (B) finances the manufacture of;
23 (C) delivers; or
24 (D) finances the delivery of;
25 marijuana, hash oil, hashish, or salvia, pure or adulterated,
26 that is packaged in a manner that appears to be low THC
27 hemp extract; or
28 (2) possesses, with intent to:
29 (A) manufacture;
30 (B) finance the manufacture of;
31 (C) deliver; or
32 (D) finance the delivery of;
33 marijuana, hash oil, hashish, or salvia, pure or adulterated,
34 that is packaged in a manner that appears to be low THC
35 hemp extract;
36 commits dealing in mislabeled low THC hemp extract, a Level 5
37 felony, if the person knew or reasonably should have known that
38 the product was marijuana, hash oil, hashish, or salvia.
39 SECTION 22. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
40 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 11. (a) A person who
42 (1) knowingly or intentionally possesses (pure or adulterated)
2022	IN 1311—LS 7063/DI 106 87
1 marijuana, hash oil, hashish, or salvia
2 (2) knowingly or intentionally grows or cultivates marijuana; or
3 (3) knowing that marijuana is growing on the person's premises,
4 fails to destroy the marijuana plants;
5 commits possession of marijuana, hash oil, hashish, or salvia, a Class
6 B misdemeanor, except as provided in subsections (b) through (c).
7 (b) The offense described in subsection (a) is a Class A
8 misdemeanor if
9 (1) the person has a prior conviction for a drug offense. or
10 (2) the:
11 (A) marijuana, hash oil, hashish, or salvia is packaged in a
12 manner that appears to be low THC hemp extract; and
13 (B) person knew or reasonably should have known that the
14 product was marijuana, hash oil, hashish, or salvia.
15 (c) The offense described in subsection (a) is a Level 6 felony if:
16 (1) the person has a prior conviction for a drug offense; and
17 (2) the person possesses
18 (A) at least thirty (30) grams of marijuana; or
19 (B) at least five (5) grams of hash oil, hashish, or salvia.
20 (d) A person who:
21 (1) knowingly or intentionally possesses (pure or adulterated)
22 marijuana, hash oil, hashish, or salvia; and
23 (2) the:
24 (A) marijuana, hash oil, hashish, or salvia is packaged in a
25 manner that appears to be low THC hemp extract; and
26 (B) person knew or reasonably should have known that the
27 product was marijuana, hash oil, hashish, or salvia;
28 commits possession of mislabeled low THC hemp extract, a Class
29 A misdemeanor.
30 SECTION 23. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
31 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (i), (j), or
33 (l), or (m), in addition to any sentence imposed under this article for a
34 felony or misdemeanor, the court may, as a condition of probation or
35 without placing the person on probation, order the person to make
36 restitution to the victim of the crime, the victim's estate, or the family
37 of a victim who is deceased. The court shall base its restitution order
38 upon a consideration of:
39 (1) property damages of the victim incurred as a result of the
40 crime, based on the actual cost of repair (or replacement if repair
41 is inappropriate);
42 (2) medical and hospital costs incurred by the victim (before the
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1 date of sentencing) as a result of the crime;
2 (3) the cost of medical laboratory tests to determine if the crime
3 has caused the victim to contract a disease or other medical
4 condition;
5 (4) earnings lost by the victim (before the date of sentencing) as
6 a result of the crime including earnings lost while the victim was
7 hospitalized or participating in the investigation or trial of the
8 crime; and
9 (5) funeral, burial, or cremation costs incurred by the family or
10 estate of a homicide victim as a result of the crime.
11 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
12 a judgment lien that:
13 (1) attaches to the property of the person subject to the order;
14 (2) may be perfected;
15 (3) may be enforced to satisfy any payment that is delinquent
16 under the restitution order by the person in whose favor the order
17 is issued or the person's assignee; and
18 (4) expires;
19 in the same manner as a judgment lien created in a civil proceeding.
20 (c) When a restitution order is issued under subsection (a), the
21 issuing court may order the person to pay the restitution, or part of the
22 restitution, directly to:
23 (1) the victim services division of the Indiana criminal justice
24 institute in an amount not exceeding:
25 (A) the amount of the award, if any, paid to the victim under
26 IC 5-2-6.1; and
27 (B) the cost of the reimbursements, if any, for emergency
28 services provided to the victim under IC 16-10-1.5 (before its
29 repeal) or IC 16-21-8; or
30 (2) a probation department that shall forward restitution or part of
31 restitution to:
32 (A) a victim of a crime;
33 (B) a victim's estate; or
34 (C) the family of a victim who is deceased.
35 The victim services division of the Indiana criminal justice institute
36 shall deposit the restitution it receives under this subsection in the
37 violent crime victims compensation fund established by IC 5-2-6.1-40.
38 (d) When a restitution order is issued under subsection (a), (i), (j),
39 or (l) or (m), the issuing court shall send a certified copy of the order
40 to the clerk of the circuit court in the county where the felony or
41 misdemeanor charge was filed. The restitution order must include the
42 following information:
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1 (1) The name and address of the person that is to receive the
2 restitution.
3 (2) The amount of restitution the person is to receive.
4 Upon receiving the order, the clerk shall enter and index the order in
5 the circuit court judgment docket in the manner prescribed by
6 IC 33-32-3-2. The clerk shall also notify the department of insurance
7 of an order of restitution under subsection (i).
8 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
9 does not bar a civil action for:
10 (1) damages that the court did not require the person to pay to the
11 victim under the restitution order but arise from an injury or
12 property damage that is the basis of restitution ordered by the
13 court; and
14 (2) other damages suffered by the victim.
15 (f) Regardless of whether restitution is required under subsection (a)
16 as a condition of probation or other sentence, the restitution order is not
17 discharged by the completion of any probationary period or other
18 sentence imposed for a felony or misdemeanor.
19 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
20 not discharged by the liquidation of a person's estate by a receiver
21 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
22 IC 34-1-12, or IC 34-2-7 before their repeal).
23 (h) The attorney general may pursue restitution ordered by the court
24 under subsections (a) and (c) on behalf of the victim services division
25 of the Indiana criminal justice institute established under IC 5-2-6-8.
26 (i) The court may order the person convicted of an offense under
27 IC 35-43-9 to make restitution to the victim of the crime. The court
28 shall base its restitution order upon a consideration of the amount of
29 money that the convicted person converted, misappropriated, or
30 received, or for which the convicted person conspired. The restitution
31 order issued for a violation of IC 35-43-9 must comply with
32 subsections (b), (d), (e), and (g), and is not discharged by the
33 completion of any probationary period or other sentence imposed for
34 a violation of IC 35-43-9.
35 (j) The court may order the person convicted of an offense under
36 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
37 victim's estate, or the family of a victim who is deceased. The court
38 shall base its restitution order upon a consideration of the amount of
39 fraud or harm caused by the convicted person and any reasonable
40 expenses (including lost wages) incurred by the victim in correcting the
41 victim's credit report and addressing any other issues caused by the
42 commission of the offense under IC 35-43-5-3.5. If, after a person is
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1 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
2 estate, or the family of a victim discovers or incurs additional expenses
3 that result from the convicted person's commission of the offense under
4 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
5 to require the convicted person to make restitution, even if the court
6 issued a restitution order at the time of sentencing. For purposes of
7 entering a restitution order after sentencing, a court has continuing
8 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
9 for five (5) years after the date of sentencing. Each restitution order
10 issued for a violation of IC 35-43-5-3.5 must comply with subsections
11 (b), (d), (e), and (g), and is not discharged by the completion of any
12 probationary period or other sentence imposed for an offense under
13 IC 35-43-5-3.5.
14 (k) The court shall order a person convicted of an offense under
15 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
16 equal to the greater of the following:
17 (1) The gross income or value to the person of the victim's labor
18 or services.
19 (2) The value of the victim's labor as guaranteed under the
20 minimum wage and overtime provisions of:
21 (A) the federal Fair Labor Standards Act of 1938, as amended
22 (29 U.S.C. 201-209); or
23 (B) IC 22-2-2 (Minimum Wage);
24 whichever is greater.
25 (l) The court shall order a person who:
26 (1) is convicted of dealing in methamphetamine under
27 IC 35-48-4-1.1 or manufacturing methamphetamine under
28 IC 35-48-4-1.2; and
29 (2) manufactured the methamphetamine on property owned by
30 another person, without the consent of the property owner;
31 to pay liquidated damages to the property owner in the amount of ten
32 thousand dollars ($10,000) or to pay actual damages to the property
33 owner, including lost rent and the costs of decontamination by a
34 qualified inspector certified under IC 16-19-3.1.
35 (m) The court shall order a person who:
36 (1) is convicted of dealing in marijuana under
37 IC 35-48-4-10(a)(1)(A); and
38 (2) manufactured the marijuana on property owned by another
39 person, without the consent of the property owner;
40 to pay liquidated damages to the property owner in the amount of two
41 thousand dollars ($2,000).
42 SECTION 24. IC 35-52-7-97 IS ADDED TO THE INDIANA
2022	IN 1311—LS 7063/DI 106 91
1 CODE AS A NEW SECTION TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 97. IC 7.1-8-12-13 defines a crime
3 concerning cannabis.
4 SECTION 25. IC 35-52-7-98 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2022]: Sec. 98. IC 7.1-8-14-8 defines a crime
7 concerning cannabis.
8 SECTION 26. IC 35-52-7-99 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2022]: Sec. 99. IC 7.1-8-15-5 defines a crime
11 concerning cannabis.
12 SECTION 27. IC 35-52-7-100 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2022]: Sec. 100. IC 7.1-8-19-3 defines a crime
15 concerning cannabis.
16 SECTION 28. IC 35-52-7-101 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2022]: Sec. 101. IC 7.1-8-19-4 defines a crime
19 concerning cannabis.
20 SECTION 29. IC 35-52-7-102 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2022]: Sec. 102. IC 7.1-8-19-6 defines a crime
23 concerning cannabis.
24 SECTION 30. IC 36-1-8.5-4, AS ADDED BY P.L.106-2013,
25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 4. As used in this chapter, "law enforcement
27 officer" means an individual who is employed or was formerly
28 employed as:
29 (1) a police officer (including a correctional police officer),
30 sheriff, constable, marshal, prosecuting attorney, special
31 prosecuting attorney, special deputy prosecuting attorney, the
32 securities commissioner, or the inspector general;
33 (2) a deputy of any of the persons specified in subdivision (1);
34 (3) an investigator for a prosecuting attorney or for the inspector
35 general;
36 (4) a conservation officer;
37 (5) an enforcement officer of the alcohol and tobacco commission
38 or of the cannabis commission; or
39 (6) an enforcement officer of the securities division of the office
40 of the secretary of state.
2022	IN 1311—LS 7063/DI 106