Indiana 2022 Regular Session

Indiana House Bill HB1311 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1311
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-2.5-8-7; IC 6-8.1-1-1; IC 6-11; IC 7.1-8;
7	7	IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
8	8	IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
9	9	IC 34-24-1-1; IC 34-30-2-23.5; IC 35-31.5-2-185; IC 35-45-6-1;
10	10	IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
11	11	Synopsis: Cannabis legalization. Establishes a procedure for the
12	12	lawful production and sale of cannabis in Indiana. Makes conforming
13	13	amendments.
14	14	Effective: July 1, 2022.
15	15	Ziemke, Bartels, Moed, Summers
16	16	January 11, 2022, read first time and referred to Committee on Courts and Criminal Code.
17	17	2022 IN 1311—LS 7063/DI 106 Introduced
18	18	Second Regular Session of the 122nd General Assembly (2022)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2021 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1311
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	criminal law and procedure and to make an appropriation.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 6-2.5-8-7, AS AMENDED BY P.L.156-2020,
33	33	2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2022]: Sec. 7. (a) The department may, for good cause, revoke
35	35	4 a certificate issued under section 1, 3, or 4 of this chapter. However,
36	36	5 the department must give the certificate holder at least five (5) days
37	37	6 notice before it revokes the certificate under this subsection. Good
38	38	7 cause for revocation may include the following:
39	39	8 (1) Failure to:
40	40	9 (A) file a return required under this chapter or for any tax
41	41	10 collected for the state in trust; or
42	42	11 (B) remit any tax collected for the state in trust.
43	43	12 (2) Being charged with a violation of any provision under IC 35.
44	44	13 (3) Being subject to a court order under IC 7.1-2-6-7,
45	45	14 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
46	46	15 (4) Being charged with a violation of IC 23-15-12.
47	47	16 (5) Operating as a retail merchant where the certificate issued
48	48	17 under section 1 of this chapter could have been denied under
49	49	2022 IN 1311—LS 7063/DI 106 2
50	50	1 section 1(e) of this chapter prior to its issuance.
51	51	2 The department may revoke a certificate before a criminal adjudication
52	52	3 or without a criminal charge being filed. If the department gives notice
53	53	4 of an intent to revoke based on an alleged violation of subdivision (2),
54	54	5 the department shall hold a public hearing to determine whether good
55	55	6 cause exists. If the department finds in a public hearing by a
56	56	7 preponderance of the evidence that a person has committed a violation
57	57	8 described in subdivision (2), the department shall proceed in
58	58	9 accordance with subsection (i) (if the violation resulted in a criminal
59	59	10 conviction) or subsection (j) (if the violation resulted in a judgment for
60	60	11 an infraction).
61	61	12 (b) The department shall revoke a certificate issued under section
62	62	13 1, 3, or 4 of this chapter if, for a period of three (3) years, the certificate
63	63	14 holder fails to:
64	64	15 (1) file the returns required by IC 6-2.5-6-1; or
65	65	16 (2) report the collection of any state gross retail or use tax on the
66	66	17 returns filed under IC 6-2.5-6-1.
67	67	18 However, the department must give the certificate holder at least five
68	68	19 (5) days notice before it revokes the certificate.
69	69	20 (c) The department may, for good cause, revoke a certificate issued
70	70	21 under section 1 of this chapter after at least five (5) days notice to the
71	71	22 certificate holder if:
72	72	23 (1) the certificate holder is subject to an innkeeper's tax under
73	73	24 IC 6-9; and
74	74	25 (2) a board, bureau, or commission established under IC 6-9 files
75	75	26 a written statement with the department.
76	76	27 (d) The statement filed under subsection (c) must state that:
77	77	28 (1) information obtained by the board, bureau, or commission
78	78	29 under IC 6-8.1-7-1 indicates that the certificate holder has not
79	79	30 complied with IC 6-9; and
80	80	31 (2) the board, bureau, or commission has determined that
81	81	32 significant harm will result to the county from the certificate
82	82	33 holder's failure to comply with IC 6-9.
83	83	34 (e) The department shall revoke or suspend a certificate issued
84	84	35 under section 1 of this chapter after at least five (5) days notice to the
85	85	36 certificate holder if:
86	86	37 (1) the certificate holder owes taxes, penalties, fines, interest, or
87	87	38 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
88	88	39 days after the due date under IC 6-1.1; and
89	89	40 (2) the treasurer of the county to which the taxes are due requests
90	90	41 the department to revoke or suspend the certificate.
91	91	42 (f) The department shall reinstate a certificate suspended under
92	92	2022 IN 1311—LS 7063/DI 106 3
93	93	1 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
94	94	2 or the county treasurer requests the department to reinstate the
95	95	3 certificate because an agreement for the payment of taxes and any
96	96	4 penalties due under IC 6-1.1 has been reached to the satisfaction of the
97	97	5 county treasurer.
98	98	6 (g) The department shall revoke a certificate issued under section
99	99	7 1 of this chapter after at least five (5) days notice to the certificate
100	100	8 holder if the department finds in a public hearing by a preponderance
101	101	9 of the evidence that the certificate holder has violated IC 35-45-5-3,
102	102	10 IC 35-45-5-3.5, or IC 35-45-5-4.
103	103	11 (h) If a person makes a payment for the certificate under section 1
104	104	12 or 3 of this chapter with a check, credit card, debit card, or electronic
105	105	13 funds transfer, and the department is unable to obtain payment of the
106	106	14 check, credit card, debit card, or electronic funds transfer for its full
107	107	15 face amount when the check, credit card, debit card, or electronic funds
108	108	16 transfer is presented for payment through normal banking channels, the
109	109	17 department shall notify the person by mail that the check, credit card,
110	110	18 debit card, or electronic funds transfer was not honored and that the
111	111	19 person has five (5) days after the notice is mailed to pay the fee in cash,
112	112	20 by certified check, or other guaranteed payment. If the person fails to
113	113	21 make the payment within the five (5) day period, the department shall
114	114	22 revoke the certificate.
115	115	23 (i) If the department finds in a public hearing by a preponderance of
116	116	24 the evidence that a person has a conviction for an offense under
117	117	25 IC 35-48-4 and the conviction involved the sale of or the offer to sell,
118	118	26 in the normal course of business, a synthetic drug (as defined in
119	119	27 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
120	120	28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled
121	121	29 substance analog (as defined in IC 35-48-1-9.3), or a substance
122	122	30 represented to be a controlled substance (as described in
123	123	31 IC 35-48-4-4.6) by a retail merchant in a place of business for which
124	124	32 the retail merchant has been issued a registered retail merchant
125	125	33 certificate under section 1 of this chapter, the department:
126	126	34 (1) shall suspend the registered retail merchant certificate for the
127	127	35 place of business for one (1) year; and
128	128	36 (2) may not issue another retail merchant certificate under section
129	129	37 1 of this chapter for one (1) year to any person:
130	130	38 (A) that:
131	131	39 (i) applied for; or
132	132	40 (ii) made a retail transaction under;
133	133	41 the retail merchant certificate suspended under subdivision
134	134	42 (1); or
135	135	2022 IN 1311—LS 7063/DI 106 4
136	136	1 (B) that:
137	137	2 (i) owned or co-owned, directly or indirectly; or
138	138	3 (ii) was an officer, a director, a manager, or a partner of;
139	139	4 the retail merchant that was issued the retail merchant
140	140	5 certificate suspended under subdivision (1).
141	141	6 (j) If the department finds in a public hearing by a preponderance of
142	142	7 the evidence that a person has a judgment for a violation of
143	143	8 IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an infraction and
144	144	9 the violation involved the sale of or the offer to sell, in the normal
145	145	10 course of business, a synthetic drug or a synthetic drug lookalike
146	146	11 substance by a retail merchant in a place of business for which the
147	147	12 retail merchant has been issued a registered retail merchant certificate
148	148	13 under section 1 of this chapter, the department:
149	149	14 (1) may suspend the registered retail merchant certificate for the
150	150	15 place of business for six (6) months; and
151	151	16 (2) may withhold issuance of another retail merchant certificate
152	152	17 under section 1 of this chapter for six (6) months to any person:
153	153	18 (A) that:
154	154	19 (i) applied for; or
155	155	20 (ii) made a retail transaction under;
156	156	21 the retail merchant certificate suspended under subdivision
157	157	22 (1); or
158	158	23 (B) that:
159	159	24 (i) owned or co-owned, directly or indirectly; or
160	160	25 (ii) was an officer, a director, a manager, or a partner of;
161	161	26 the retail merchant that was issued the retail merchant
162	162	27 certificate suspended under subdivision (1).
163	163	28 (k) If the department finds in a public hearing by a preponderance
164	164	29 of the evidence that a person has a conviction for a violation of
165	165	30 IC 35-48-4-10(d)(3) IC 35-48-4-10(e) and the conviction involved an
166	166	31 offense committed by a retail merchant in a place of business for which
167	167	32 the retail merchant has been issued a registered retail merchant
168	168	33 certificate under section 1 of this chapter, the department:
169	169	34 (1) shall suspend the registered retail merchant certificate for the
170	170	35 place of business for one (1) year; and
171	171	36 (2) may not issue another retail merchant certificate under section
172	172	37 1 of this chapter for one (1) year to any person:
173	173	38 (A) that:
174	174	39 (i) applied for; or
175	175	40 (ii) made a retail transaction under;
176	176	41 the retail merchant certificate suspended under subdivision
177	177	42 (1); or
178	178	2022 IN 1311—LS 7063/DI 106 5
179	179	1 (B) that:
180	180	2 (i) owned or co-owned, directly or indirectly; or
181	181	3 (ii) was an officer, a director, a manager, or a partner of;
182	182	4 the retail merchant that was issued the retail merchant
183	183	5 certificate suspended under subdivision (1).
184	184	6 SECTION 2. IC 6-8.1-1-1, AS AMENDED BY P.L.165-2021,
185	185	7 SECTION 120, IS AMENDED TO READ AS FOLLOWS
186	186	8 [EFFECTIVE JULY 1, 2022]: Sec. 1. "Listed taxes" or "taxes" includes
187	187	9 only the pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the
188	188	10 supplemental wagering tax (IC 4-33-12); the riverboat wagering tax (IC
189	189	11 4-33-13); the slot machine wagering tax (IC 4-35-8); the type II
190	190	12 gambling game excise tax (IC 4-36-9); the gross income tax (IC 6-2.1)
191	191	13 (repealed); the utility receipts and utility services use taxes (IC 6-2.3);
192	192	14 the state gross retail and use taxes (IC 6-2.5); the adjusted gross income
193	193	15 tax (IC 6-3); the supplemental net income tax (IC 6-3-8) (repealed); the
194	194	16 county adjusted gross income tax (IC 6-3.5-1.1) (repealed); the county
195	195	17 option income tax (IC 6-3.5-6) (repealed); the county economic
196	196	18 development income tax (IC 6-3.5-7) (repealed); the local income tax
197	197	19 (IC 6-3.6); the auto rental excise tax (IC 6-6-9); the financial
198	198	20 institutions tax (IC 6-5.5); the gasoline tax (IC 6-6-1.1); the special fuel
199	199	21 tax (IC 6-6-2.5); the motor carrier fuel tax (IC 6-6-4.1); a motor fuel tax
200	200	22 collected under a reciprocal agreement under IC 6-8.1-3; the vehicle
201	201	23 excise tax (IC 6-6-5); the aviation fuel excise tax (IC 6-6-13); the
202	202	24 commercial vehicle excise tax (IC 6-6-5.5); the excise tax imposed on
203	203	25 recreational vehicles and truck campers (IC 6-6-5.1); the hazardous
204	204	26 waste disposal tax (IC 6-6-6.6) (repealed); the heavy equipment rental
205	205	27 excise tax (IC 6-6-15); the vehicle sharing excise tax (IC 6-6-16); the
206	206	28 cigarette tax (IC 6-7-1); the closed system cartridge tax (IC 6-7-2-7.5);
207	207	29 the electronic cigarette tax (IC 6-7-4); the cannabis excise tax (IC
208	208	30 6-11); the beer excise tax (IC 7.1-4-2); the liquor excise tax (IC
209	209	31 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard cider excise tax (IC
210	210	32 7.1-4-4.5); the petroleum severance tax (IC 6-8-1); the various
211	211	33 innkeeper's taxes (IC 6-9); the various food and beverage taxes (IC
212	212	34 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28); the oil
213	213	35 inspection fee (IC 16-44-2); the penalties assessed for oversize vehicles
214	214	36 (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
215	215	37 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
216	216	38 fee that the department is required to collect or administer.
217	217	39 SECTION 3. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
218	218	40 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
219	219	41 2022]:
220	220	42 ARTICLE 11. CANNABIS EXCISE TAX
221	221	2022 IN 1311—LS 7063/DI 106 6
222	222	1 Chapter 1. Imposition and Collection of Tax
223	223	2 Sec. 1. The following definitions apply throughout this article:
224	224	3 (1)"Department" refers to the department of state revenue.
225	225	4 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
226	226	5 (3)"Retailer permittee" means a person who holds a cannabis
227	227	6 retailer permit issued under IC 7.1-8-15.
228	228	7 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
229	229	8 a rate of ten percent (10%) of the sales price per ounce of cannabis.
230	230	9 This tax shall be paid to the department by the retailer permittee
231	231	10 who sells the cannabis.
232	232	11 Sec. 3. (a) Every person subject to the tax under this article shall
233	233	12 remit the tax owed to the department before the fifteenth day of
234	234	13 the month following the month in which the cannabis is sold.
235	235	14 (b) The department shall prescribe the return to be filed for the
236	236	15 payment of the tax.
237	237	16 Sec. 4. The amounts received from the tax imposed by this
238	238	17 article shall be transferred by the auditor of state to the cannabis
239	239	18 regulation fund established by IC 7.1-8-2-10.
240	240	19 Sec. 5. The department has full power to administer and enforce
241	241	20 this chapter, to collect all taxes and penalties due, and to dispose of
242	242	21 taxes and penalties so collected as provided by law. The tax is a
243	243	22 listed tax for purposes of IC 6-8.1.
244	244	23 Sec. 6. Except as otherwise provided in this article, a tax
245	245	24 imposed under this chapter shall be imposed, paid, and collected in
246	246	25 the same manner that the state gross retail tax is imposed, paid,
247	247	26 and collected under IC 6-2.5.
248	248	27 Sec. 7. The department shall adopt rules under IC 4-22-2 to
249	249	28 implement this article.
250	250	29 SECTION 4. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
251	251	30 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
252	252	31 2022]:
253	253	32 ARTICLE 8. CANNABIS
254	254	33 Chapter 1. Definitions
255	255	34 Sec. 1. The following definitions apply throughout this article
256	256	35 unless the context clearly requires otherwise:
257	257	36 (1) "Applicant" means a person who applies for a permit
258	258	37 under this article.
259	259	38 (2) "Batch" means cannabis plants that have been grown
260	260	39 together.
261	261	40 (3) "Cannabis" means any part of the plant genus Cannabis
262	262	41 whether growing or not, the seeds thereof, and any compound,
263	263	42 manufacture, salt, derivative, mixture, or preparation of the
264	264	2022 IN 1311—LS 7063/DI 106 7
265	265	1 plant or its seeds. However, the term does not include:
266	266	2 (A) the mature stalks of the plant;
267	267	3 (B) fiber produced from the stalks;
268	268	4 (C) oil or cake made from the seeds of the plant;
269	269	5 (D) any other compound, manufacture, salt, derivative,
270	270	6 mixture, or preparation of the mature stalks (except the
271	271	7 resin extracted therefrom);
272	272	8 (E) the sterilized seed of the plant which is incapable of
273	273	9 germination;
274	274	10 (F) hemp (as defined in IC 15-15-13-6);
275	275	11 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
276	276	12 or
277	277	13 (H) smokable hemp (as defined in IC 35-48-1-26.6).
278	278	14 (4) "Cannabis canopy" means the surface area utilized to
279	279	15 grow cannabis plants calculated in square feet and measured
280	280	16 using the outside boundaries of any area that includes
281	281	17 cannabis plants, including all of the space within the
282	282	18 boundaries.
283	283	19 (5) "Cannabis permittee" means an individual, partnership,
284	284	20 company, or corporation permitted to grow, process,
285	285	21 transport, or sell cannabis for commercial purposes in
286	286	22 Indiana. However, the term does not include a person who
287	287	23 grows cannabis for personal use.
288	288	24 (6) "Carrier" means a person who is engaged in the
289	289	25 transportation of cannabis or cannabis products between a
290	290	26 grower, a processor, and a retailer and holds a permit issued
291	291	27 under IC 7.1-8-14.
292	292	28 (7) "Commission" means the cannabis commission established
293	293	29 by IC 7.1-8-2-1.
294	294	30 (8) "Crop" means any cannabis grown under a single permit.
295	295	31 (9) "Grower" means an individual, partnership, company, or
296	296	32 corporation that produces cannabis for commercial purposes
297	297	33 and that holds a permit issued under IC 7.1-8-12.
298	298	34 (10) "Integrated permittee" means a permittee who holds a
299	299	35 grower permit, a processor permit, and a retailer permit.
300	300	36 (11) "Permit" means a written authorization issued by the
301	301	37 commission entitling the holder to grow, process, transport,
302	302	38 sell, test, or otherwise deal in cannabis, as provided in this
303	303	39 article.
304	304	40 (12) "Permittee" means a person who holds a valid permit
305	305	41 under this article, including an agent of, employee of, or
306	306	42 another person acting on behalf of, a permittee.
307	307	2022 IN 1311—LS 7063/DI 106 8
308	308	1 (13) "Personally cultivate" means to grow cannabis for
309	309	2 personal household use.
310	310	3 (14) "Processor" means an individual, partnership, company,
311	311	4 or corporation holding a permit issued under IC 7.1-8-13 that
312	312	5 obtains cannabis from a grower and:
313	313	6 (A) extracts botanical compounds or cannabinoids from
314	314	7 the cannabis;
315	315	8 (B) creates a cannabis infused product; or
316	316	9 (C) prepares or packages cannabis for retail sale for sale
317	317	10 or transfer.
318	318	11 (15) "Retailer" means an individual, partnership, company,
319	319	12 or corporation that holds a permit under IC 7.1-8-15 and that,
320	320	13 in the ordinary course of the person's regular trade or
321	321	14 business:
322	322	15 (A) acquires any form of cannabis for the purpose of
323	323	16 resale; and
324	324	17 (B) transfers the cannabis to another person for money or
325	325	18 other consideration.
326	326	19 (16) "Statewide monitoring system" means the statewide
327	327	20 cannabis tracking and monitoring system established under
328	328	21 IC 7.1-8-17.
329	329	22 Chapter 2. Cannabis Commission
330	330	23 Sec. 1. The cannabis commission is established.
331	331	24 Sec. 2. The commission consists of:
332	332	25 (1) five (5) voting members appointed by the governor with
333	333	26 the advice and consent of the legislative council; and
334	334	27 (2) the executive director of the commission or the executive
335	335	28 director's designee, who serves ex officio as a nonvoting
336	336	29 member.
337	337	30 Sec. 3. (a) A commissioner is eligible for reappointment.
338	338	31 (b) Not more than three (3) commissioners may be members of
339	339	32 the same political party.
340	340	33 (c) A commissioner shall be appointed to a four (4) year term
341	341	34 and may be removed only for cause. An appointment to fill a
342	342	35 vacancy shall be made in the same manner that an original
343	343	36 appointment is made. A member appointed to fill a vacancy in the
344	344	37 membership of the commission may serve only for the unexpired
345	345	38 portion of the original, vacated term, but may be reappointed.
346	346	39 Sec. 4. To be eligible for appointment as a commissioner an
347	347	40 individual must have the following qualifications:
348	348	41 (1) The individual may not be employed by the state in any
349	349	42 other capacity.
350	350	2022 IN 1311—LS 7063/DI 106 9
351	351	1 (2) The individual must have been an Indiana resident for at
352	352	2 least ten (10) years immediately preceding the appointment.
353	353	3 (3) The individual may not have a financial interest in a
354	354	4 cannabis permittee or in an entity governed by:
355	355	5 (A) this title;
356	356	6 (B) IC 4-29;
357	357	7 (C) IC 4-29.5;
358	358	8 (D) IC 4-31;
359	359	9 (E) IC 4-32.3;
360	360	10 (F) IC 4-33;
361	361	11 (G) IC 4-35; or
362	362	12 (H) IC 4-36.
363	363	13 (4) The individual may not have been convicted within ten
364	364	14 (10) years before the date of appointment of:
365	365	15 (A) a federal crime having a sentence of greater than one
366	366	16 (1) year;
367	367	17 (B) a Class A, Class B, or Class C felony (for a crime
368	368	18 committed before July 1, 2014) or a Level 1, Level 2, Level
369	369	19 3, Level 4, or Level 5 felony (for a crime committed after
370	370	20 June 30, 2014); or
371	371	21 (C) a crime in another state that is substantially similar to
372	372	22 a crime described in clause (B).
373	373	23 Sec. 5. As compensation for services, each commissioner is
374	374	24 entitled to the minimum salary per diem provided by
375	375	25 IC 4-10-11-2.1(b). A commissioner is also entitled to
376	376	26 reimbursement for traveling expenses as provided under
377	377	27 IC 4-13-1-4 and other expenses actually incurred in connection
378	378	28 with the commissioner's duties as provided in the state policies and
379	379	29 procedures established by the Indiana department of
380	380	30 administration and approved by the budget agency.
381	381	31 Sec. 6. (a) Each commissioner shall execute a surety bond in the
382	382	32 amount of ten thousand dollars ($10,000), with surety approved by
383	383	33 the governor, and an oath of office, both of which shall be filed in
384	384	34 the office of the secretary of state.
385	385	35 (b) The required surety bond executed and filed on behalf of a
386	386	36 commissioner, an enforcement officer (under IC 7.1-8-5), or the
387	387	37 prosecutor (under IC 7.1-8-3) shall be made payable to the State of
388	388	38 Indiana and conditioned upon the faithful discharge of the bonded
389	389	39 party's respective duties.
390	390	40 Sec. 7. The commission shall hold regular meetings on a
391	391	41 quarterly basis at a minimum. The commission may hold special
392	392	42 meetings whenever the commission deems it necessary. The
393	393	2022 IN 1311—LS 7063/DI 106 10
394	394	1 procedure for the calling of a special meeting shall be provided for
395	395	2 in the rules of the commission. The commission has the power to
396	396	3 adjourn, from time to time, both regular and special meetings. In
397	397	4 no event, however, shall the adjournment be later than the next
398	398	5 regular meeting date.
399	399	6 Sec. 8. (a) Three (3) members of the commission constitute a
400	400	7 quorum for the transaction of business.
401	401	8 (b) Each commissioner has one (1) vote.
402	402	9 (c) Action of the commission may be taken only upon the
403	403	10 affirmative votes of at least two (2) commissioners. If a vote of the
404	404	11 commission is a tie, the position for which the chairperson voted
405	405	12 prevails, as long as that position has received the affirmative votes
406	406	13 of at least two (2) commissioners.
407	407	14 Sec. 9. A commissioner may not solicit or accept a political
408	408	15 contribution from any person or entity that has a permit or has
409	409	16 applied for a permit issued by the commission. However, the right
410	410	17 of a commissioner to vote as the commissioner chooses and to
411	411	18 express the commissioner's opinions on political subjects and
412	412	19 candidates may not be impaired.
413	413	20 Sec. 10. (a) As used in this section, "fund" means the cannabis
414	414	21 regulation fund established by subsection (b).
415	415	22 (b) The cannabis regulation fund is established for the purpose
416	416	23 of implementing, administering, and enforcing this article. The
417	417	24 fund shall be administered by the commission.
418	418	25 (c) The fund consists of taxes, fees, and civil penalties collected
419	419	26 under this article.
420	420	27 (d) The expenses of administering the fund shall be paid from
421	421	28 money in the fund.
422	422	29 (e) The treasurer of state shall invest the money in the fund not
423	423	30 currently needed to meet the obligations of the fund in the same
424	424	31 manner as other public money may be invested. Interest that
425	425	32 accrues from these investments shall be deposited in the fund.
426	426	33 (f) Money in the fund at the end of a state fiscal year does not
427	427	34 revert to the state general fund. However, the treasurer shall
428	428	35 distribute money in the fund at the end of a state fiscal year as
429	429	36 follows:
430	430	37 (1) Fifteen percent (15%) to prosecuting attorneys in counties
431	431	38 in which a cannabis retail facility is located, allocated in
432	432	39 proportion to the number of cannabis retail facilities within
433	433	40 the county as compared to the total number of cannabis retail
434	434	41 facilities in Indiana.
435	435	42 (2) Fifteen percent (15%) to cities, towns, and counties (if a
436	436	2022 IN 1311—LS 7063/DI 106 11
437	437	1 facility is not located in a city or town) in which a cannabis
438	438	2 growing facility, processing facility, or retail facility is
439	439	3 located, allocated in proportion to the number of growing
440	440	4 facilities, processing facilities, and retail facilities in Indiana.
441	441	5 (3) Twenty percent (20%) to the state department of health to
442	442	6 be used to develop, in consultation with the department of
443	443	7 education, a cannabis abuse prevention and education
444	444	8 program for youth.
445	445	9 (4) Twenty-five percent (25%) to the state department of
446	446	10 health for use by the division of mental health and addiction.
447	447	11 (5) Twenty-five percent (25%) to the state police department.
448	448	12 Chapter 3. Office of the Prosecutor
449	449	13 Sec. 1. The office of the prosecutor is established within the
450	450	14 commission.
451	451	15 Sec. 2. The prosecutor shall be appointed by the governor for a
452	452	16 term of four (4) years to be served at the pleasure of the governor.
453	453	17 The prosecutor must be a resident of Indiana and licensed to
454	454	18 practice law in Indiana.
455	455	19 Sec. 3. The prosecutor shall execute a surety bond in the amount
456	456	20 of five thousand dollars ($5,000), with surety approved by the
457	457	21 governor, and an oath of office, both of which shall be filed in the
458	458	22 office of the secretary of state.
459	459	23 Sec. 4. As compensation for services, the prosecutor shall
460	460	24 receive an annual salary to be fixed in the same manner that the
461	461	25 salaries of other state officials are fixed. In addition to the annual
462	462	26 salary, the prosecutor shall be reimbursed for traveling and other
463	463	27 expenses necessarily incurred while away from the office carrying
464	464	28 out prosecutorial duties.
465	465	29 Sec. 5. The prosecutor has the following powers and duties:
466	466	30 (1) To prosecute before the commission all violations of laws
467	467	31 pertaining to cannabis or cannabis products.
468	468	32 (2) To prosecute before the commission all violations of the
469	469	33 rules of the commission.
470	470	34 (3) To assist the prosecuting attorneys of the various judicial
471	471	35 circuits in the investigation and prosecution of violations of
472	472	36 laws pertaining to cannabis or cannabis products.
473	473	37 (4) To appear before grand juries to assist in their
474	474	38 investigations into matters pertaining to cannabis or cannabis
475	475	39 products.
476	476	40 (5) To establish a seal of office.
477	477	41 (6) To administer oaths and to do all other acts authorized by
478	478	42 law for notaries public.
479	479	2022 IN 1311—LS 7063/DI 106 12
480	480	1 (7) To employ, with the consent of the commission and at
481	481	2 salaries fixed by the commission in its budget, the clerical staff
482	482	3 required to effectively discharge the duties of the prosecutor.
483	483	4 Sec. 6. The commission shall provide the prosecutor with
484	484	5 appropriate office space and all necessary office supplies and
485	485	6 services. All claims for salaries and necessary expenses of the office
486	486	7 of the prosecutor shall be allowed and approved and paid by the
487	487	8 commission.
488	488	9 Chapter 4. Executive Director
489	489	10 Sec. 1. The commission shall employ an executive director to aid
490	490	11 the commission in the efficient administration of its powers and
491	491	12 duties.
492	492	13 Sec. 2. The executive director's compensation shall be approved
493	493	14 annually by the commission.
494	494	15 Sec. 3. The commission may by resolution assign to the executive
495	495	16 director any duty imposed upon the commission by this article.
496	496	17 Sec. 4. The executive director shall perform the duties assigned
497	497	18 to the executive director by the commission. The executive director
498	498	19 may exercise any power conferred upon the commission by this
499	499	20 article that is consistent with the duties assigned to the executive
500	500	21 director under this chapter.
501	501	22 Sec. 5. In addition to any salary paid under this chapter, the
502	502	23 executive director is entitled to reimbursement for traveling
503	503	24 expenses and other expenses actually incurred in connection with
504	504	25 the executive director's duties, as provided in the state travel
505	505	26 policies and procedures established by the department of
506	506	27 administration and approved by the budget agency.
507	507	28 Chapter 5. Enforcement Officers
508	508	29 Sec. 1. The commission may employ a superintendent of the
509	509	30 enforcement officers and qualified individuals to serve as
510	510	31 enforcement officers of the commission.
511	511	32 Sec. 2. The superintendent of the enforcement officers must
512	512	33 have had at least ten (10) years experience as an active law
513	513	34 enforcement officer, at least five (5) years of which must have been
514	514	35 in a management capacity.
515	515	36 Sec. 3. An enforcement officer who has completed the required
516	516	37 training at the Indiana law enforcement academy is vested with full
517	517	38 police powers and duties to enforce:
518	518	39 (1) the provisions of this article; and
519	519	40 (2) any other Indiana law relating to cannabis and cannabis
520	520	41 products.
521	521	42 Sec. 4. An enforcement officer may issue a summons for
522	522	2022 IN 1311—LS 7063/DI 106 13
523	523	1 infraction or misdemeanor violations if the defendant promises to
524	524	2 appear by signing the summons. A defendant who fails to appear
525	525	3 is subject to the penalties provided by IC 35-44.1-2-10. Upon
526	526	4 failure to appear, the court shall issue a warrant for the arrest of
527	527	5 the defendant.
528	528	6 Sec. 5. An enforcement officer may act as an officer for the
529	529	7 arrest of offenders against Indiana law if the enforcement officer
530	530	8 reasonably believes that a crime is or is about to be committed or
531	531	9 attempted in the enforcement officer's presence.
532	532	10 Sec. 6. Each enforcement officer shall execute a surety bond in
533	533	11 the amount of one thousand dollars ($1,000), with surety approved
534	534	12 by the commission, and an oath of office, both of which shall be
535	535	13 filed with the executive secretary of the commission.
536	536	14 Sec. 7. An eligible enforcement officer who retires with at least
537	537	15 twenty (20) years of service as an enforcement officer may retain
538	538	16 the officer's service weapon. The officer is entitled to receive, in
539	539	17 recognition of the officer's service to the commission and to the
540	540	18 public, a badge that indicates that the officer is retired. The
541	541	19 commission shall issue the officer who is retiring an identification
542	542	20 card stating the officer's name and rank, signifying that the officer
543	543	21 is retired, and noting the officer's authority to retain the service
544	544	22 weapon.
545	545	23 Sec. 8. The commission has the power to employ and remove at
546	546	24 will all necessary employees, and to fix their duties, authority, and,
547	547	25 with proper approval, their compensation.
548	548	26 Sec. 9. The superintendent of the enforcement officers may
549	549	27 discharge a nonprobationary enforcement officer for just cause.
550	550	28 The commission shall adopt rules to establish a probationary
551	551	29 period and a procedure for the adjudication of the propriety of the
552	552	30 discharge of a nonprobationary enforcement officer.
553	553	31 Sec. 10. (a) The commission shall categorize salaries of
554	554	32 enforcement officers within each rank based upon the rank held
555	555	33 and the number of years of service in the commission through the
556	556	34 twentieth year. The salary ranges that the commission assigns to
557	557	35 each rank shall be divided into a base salary and twenty (20)
558	558	36 increments above the base salary with:
559	559	37 (1) the base salary in the rank paid to a person with less than
560	560	38 one (1) year of service in the commission; and
561	561	39 (2) the highest salary in the rank paid to a person with at least
562	562	40 twenty (20) years of service in the commission.
563	563	41 (b) The salary matrix prescribed by this section shall be
564	564	42 reviewed and approved by the budget agency before
565	565	2022 IN 1311—LS 7063/DI 106 14
566	566	1 implementation.
567	567	2 (c) The salary matrix prescribed by this section must have
568	568	3 parity with the salary matrix prescribed by the natural resources
569	569	4 commission under IC 14-9-8 for conservation officers of the
570	570	5 department of natural resources. The budget agency shall approve
571	571	6 a salary matrix that meets the parity requirement of this
572	572	7 subsection.
573	573	8 Chapter 6. Duties and Responsibilities of the Commission
574	574	9 Sec. 1. The chairperson is the presiding officer at the meetings
575	575	10 of the commission. The chairperson, together with the executive
576	576	11 director, shall prepare, certify, and authenticate all proceedings,
577	577	12 minutes, records, and rules of the commission. The chairperson or
578	578	13 the chairperson's designee also shall perform all other duties as
579	579	14 imposed by this article.
580	580	15 Sec. 2. The commission has the power to organize its work and
581	581	16 carry on the functions of the commission and to enforce and
582	582	17 administer the provisions of this chapter and the rules of the
583	583	18 commission.
584	584	19 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
585	585	20 power to prescribe the forms for all applications, permits, licenses,
586	586	21 certificates, and other documents and records used in the
587	587	22 administration of this chapter.
588	588	23 Sec. 4. The commission has the power to:
589	589	24 (1) hold hearings before the commission or its representative;
590	590	25 (2) take testimony and receive evidence;
591	591	26 (3) conduct inquiries with or without hearings;
592	592	27 (4) receive reports of investigators or other governmental
593	593	28 officers and employees;
594	594	29 (5) administer oaths;
595	595	30 (6) subpoena witnesses and to compel them to appear and
596	596	31 testify;
597	597	32 (7) issue and enforce subpoenas duces tecum;
598	598	33 (8) take or institute proceedings to enforce subpoenas, and the
599	599	34 rules, orders, or requirements of the commission or its
600	600	35 representative;
601	601	36 (9) fix the compensation paid to witnesses appearing before
602	602	37 the commission;
603	603	38 (10) establish and use the seal of the commission;
604	604	39 (11) certify copies of records of the commission or any other
605	605	40 document or record on file with the commission;
606	606	41 (12) fix the form, mode, manner, time, and number of times
607	607	42 for the posting or publication of any required notices if not
608	608	2022 IN 1311—LS 7063/DI 106 15
609	609	1 otherwise provided in this chapter;
610	610	2 (13) issue letters of extension as authorized by this chapter;
611	611	3 and
612	612	4 (14) hold permits on deposit as authorized by this chapter.
613	613	5 Sec. 5. (a) The commission shall prepare a quarterly report that
614	614	6 describes the violations by permittees subject to an enforcement
615	615	7 action under this article. Beginning in January 2023, the
616	616	8 commission shall issue the quarterly reports on or before the
617	617	9 fifteenth day of:
618	618	10 (1) January, concerning violations committed during the
619	619	11 preceding quarter consisting of the months of October
620	620	12 through December;
621	621	13 (2) April, concerning violations committed during the
622	622	14 preceding quarter consisting of the months of January
623	623	15 through March;
624	624	16 (3) July, concerning violations committed during the
625	625	17 preceding quarter consisting of the months of April through
626	626	18 June; and
627	627	19 (4) October, concerning violations committed during the
628	628	20 preceding quarter consisting of the months of July through
629	629	21 September.
630	630	22 (b) The commission's quarterly report must provide
631	631	23 noncompliance violations by:
632	632	24 (1) business listing;
633	633	25 (2) permit type; and
634	634	26 (3) county.
635	635	27 (c) The commission shall post the quarterly reports on the
636	636	28 commission's Internet web site. The commission shall:
637	637	29 (1) prepare a report annually that compiles the violations for
638	638	30 the preceding calendar year; and
639	639	31 (2) provide the report to the legislative council not later than
640	640	32 February 1 of each year in an electronic format under
641	641	33 IC 5-14-6.
642	642	34 Sec. 6. The commission has the authority to petition the circuit
643	643	35 or superior court of the county in which the hearing or
644	644	36 investigation is being held to compel obedience to the lawful
645	645	37 requirements of its subpoena under this chapter.
646	646	38 Sec. 7. The commission is responsible for the enforcement and
647	647	39 administration of this article.
648	648	40 Sec. 8. The commission shall adopt rules in accordance with
649	649	41 IC 4-22-2 to implement and administer this article.
650	650	42 Sec. 9. The commission has the power to adopt rules governing
651	651	2022 IN 1311—LS 7063/DI 106 16
652	652	1 the following:
653	653	2 (1) The conduct of the meetings and business of the
654	654	3 commission.
655	655	4 (2) The conduct of hearings before any of the commission's
656	656	5 representatives.
657	657	6 (3) The conduct of the business of a permittee authorized or
658	658	7 governed by the provisions of this article.
659	659	8 (4) The enforcement of the provisions of this article and of the
660	660	9 rules of the commission.
661	661	10 (5) The standards of purity and methods of processing used in
662	662	11 the production of cannabis and cannabis products.
663	663	12 (6) The prevention of misbranding or adulteration of cannabis
664	664	13 and cannabis products.
665	665	14 (7) The prevention of fraud, evasion, trickery, or deceit in the
666	666	15 processing, labeling, advertisement, transportation, or sale of
667	667	16 cannabis or cannabis products, or the evasion of other
668	668	17 Indiana law relating to cannabis or cannabis products.
669	669	18 Chapter 7. Regulation of Permits and Permittees
670	670	19 Sec. 1. The commission has the discretionary authority to issue,
671	671	20 deny, suspend, revoke, or not renew all permits and certificates
672	672	21 authorized by this article, unless the exercise of discretion or
673	673	22 authority is limited by applicable provisions of this article.
674	674	23 Sec. 2. (a) The commission shall prepare and maintain, available
675	675	24 for public inspection, a registry of all permits issued by the
676	676	25 commission, categorized by type of permit and by the type of
677	677	26 establishment to which the permit is issued. The registry of permits
678	678	27 must:
679	679	28 (1) be subdivided on a county by county basis, and further
680	680	29 subdivided by city, town, and unincorporated area;
681	681	30 (2) contain the number of permits authorized by the quota,
682	682	31 and the number of permits currently issued;
683	683	32 (3) contain the name of the owner of the permit, the address
684	684	33 of the permitted premises, the assumed business name under
685	685	34 which the business is conducted, and, if a corporation, the
686	686	35 names of the president and secretary; and
687	687	36 (4) be made current annually, to indicate by specific notation
688	688	37 any new permits that were issued or any existing permits that
689	689	38 were transferred in any manner within the prior year.
690	690	39 (b) The registry of permits is a public record.
691	691	40 Sec. 3. The commission has the power to investigate applicants
692	692	41 and permittees, and any violation of a provision of this article and
693	693	42 of the rules of the commission, and to report its findings to the
694	694	2022 IN 1311—LS 7063/DI 106 17
695	695	1 prosecuting attorney or the grand jury of the county in which the
696	696	2 violation occurred, or to the attorney general.
697	697	3 Sec. 4. The commission has the power to prohibit the sale,
698	698	4 transportation, or movement of cannabis when, in the judgment of
699	699	5 the commission, it is necessary during a time of public emergency,
700	700	6 civil disturbance, riot, or epidemic. The prohibition may be
701	701	7 imposed without prior notice or advertisement and may be
702	702	8 continued in force as long as the need continues.
703	703	9 Sec. 5. (a) The commission has the power to examine, inspect,
704	704	10 and search a permitted premises or a vehicle where cannabis or
705	705	11 cannabis products are kept, processed, or sold.
706	706	12 (b) The commission has the power to seize cannabis or cannabis
707	707	13 products, or any other personal property when the seizure is lawful
708	708	14 under the provisions of this article.
709	709	15 Sec. 6. The commission has the power to prevent a part of the
710	710	16 premises connected with, or in any way used in connection with, a
711	711	17 permitted premises, from being used as a subterfuge or means of
712	712	18 evading the provisions of this article or of the rules of the
713	713	19 commission.
714	714	20 Sec. 7. The commission has the power to set standards of
715	715	21 cleanliness and sanitation for a permitted premises and for the
716	716	22 apparatus, equipment, utensils, accessories, articles, and fixtures
717	717	23 used or employed in the permitted premises.
718	718	24 Sec. 8. The commission has the power to require the destruction
719	719	25 or removal of cases, containers, apparatus, or devices, used or
720	720	26 likely to be used, in evading, violating, or preventing the
721	721	27 enforcement of the provisions of this article or of the rules of the
722	722	28 commission.
723	723	29 Sec. 9. (a) The commission has the power to regulate and
724	724	30 prohibit advertising, signs, displays, posters, and designs intended
725	725	31 to advertise cannabis, a cannabis product, or the place where
726	726	32 cannabis or cannabis products are sold.
727	727	33 (b) The commission may not exercise the prohibition power
728	728	34 contained in subsection (a) as to any advertisement broadcast over
729	729	35 licensed radio and television stations.
730	730	36 (c) All advertisements relating to cannabis or cannabis products
731	731	37 must conform to the rules of the commission.
732	732	38 (d) The commission shall not exercise the prohibition power
733	733	39 contained in subsection (a) as to advertising in the official program
734	734	40 of the Indianapolis 500 Race.
735	735	41 (e) Notwithstanding any other law, the commission may not
736	736	42 prohibit the use of an illuminated sign advertising cannabis or
737	737	2022 IN 1311—LS 7063/DI 106 18
738	738	1 cannabis products by brand name that is displayed within the
739	739	2 interior or on the exterior of the premises covered by the permit,
740	740	3 regardless of whether the sign is illuminated constantly or
741	741	4 intermittently.
742	742	5 (f) The commission may not prohibit the advertisement of:
743	743	6 (1) cannabis or cannabis products; or
744	744	7 (2) a place where cannabis or cannabis products may be
745	745	8 obtained;
746	746	9 in a program, scorecard, handbill, throw-away newspaper, or
747	747	10 menu. However, advertisements described in this subsection must
748	748	11 conform to the rules of the commission.
749	749	12 (g) Cannabis or cannabis products must be marketed or
750	750	13 advertised as "cannabis" for use only by persons at least
751	751	14 twenty-one (21) years of age.
752	752	15 (h) Cannabis or cannabis products may not be marketed or
753	753	16 advertised to persons less than twenty-one (21) years of age. The
754	754	17 commission shall determine whether a sponsorship is marketed or
755	755	18 advertised to a person less than twenty-one (21) years of age.
756	756	19 (i) Cannabis or cannabis products may not be advertised on any
757	757	20 television program, radio program, Internet web site, or print
758	758	21 publication unless there is reliable evidence that seventy percent
759	759	22 (70%) of the audience is reasonably expected to be at least
760	760	23 twenty-one (21) years of age.
761	761	24 (j) Any cannabis or cannabis products advertised must bear a
762	762	25 warning label stating the following:
763	763	26 "For use by adults only. Keep out of reach of children. It is
764	764	27 illegal to drive a motor vehicle while under the influence of
765	765	28 cannabis. National Poison Control Center 1-800-222-1222.".
766	766	29 Sec. 10. (a) As used in this section, "facility" includes the
767	767	30 following:
768	768	31 (1) A facility permitted under this article.
769	769	32 (2) A tract that contains a premises permitted under this
770	770	33 article.
771	771	34 (3) A horse track or satellite facility.
772	772	35 (4) A riverboat or racetrack.
773	773	36 (5) A tract that contains an entertainment complex.
774	774	37 (b) As used in this section, "tract" has the meaning set forth in
775	775	38 IC 6-1.1-1-22.5.
776	776	39 (c) A facility may advertise cannabis or cannabis products:
777	777	40 (1) in the facility's interior; or
778	778	41 (2) on the facility's exterior.
779	779	42 (d) The commission may not exercise the prohibition power
780	780	2022 IN 1311—LS 7063/DI 106 19
781	781	1 contained in this chapter on advertising by a permittee in or on a
782	782	2 facility.
783	783	3 (e) A facility may provide advertising to a permittee in exchange
784	784	4 for compensation from that permittee.
785	785	5 Sec. 11. The commission has the power to require the
786	786	6 registration of all brands, formulas, analyses, labels used, or
787	787	7 proposed to be used in selling or advertising cannabis or cannabis
788	788	8 products. The commission does not have the power to require the
789	789	9 disclosure of formulas that are verified trade secrets.
790	790	10 Sec. 12. The commission has the power to regulate the modes
791	791	11 and methods of dealing in, and the transportation of, cannabis and
792	792	12 cannabis products.
793	793	13 Sec. 13. The commission has the power to:
794	794	14 (1) prescribe the manner and methods by which all records
795	795	15 relating to cannabis or cannabis products are kept and
796	796	16 preserved;
797	797	17 (2) inspect all records relating to cannabis or cannabis
798	798	18 products; and
799	799	19 (3) require true copies of any record to be made and furnished
800	800	20 to the commission.
801	801	21 Sec. 14. The commission may require that, before the
802	802	22 transportation of cannabis or cannabis products into Indiana by an
803	803	23 authorized permittee, the permittee shall submit written, verified
804	804	24 information concerning the proposed transportation and execute
805	805	25 and file any documents required. The commission has the power to
806	806	26 inspect the shipments in transit and the vehicle used in the
807	807	27 transportation.
808	808	28 Sec. 15. The commission, unless otherwise specifically
809	809	29 prohibited, may delegate the powers and duties conferred on it in
810	810	30 this article to responsible employees of the commission. However,
811	811	31 the commission bears ultimate responsibility.
812	812	32 Sec. 16. The members of the commission and their officers and
813	813	33 employees are immune from civil liability for an act or omission
814	814	34 done under the authority, or the color of authority, conferred by
815	815	35 this article or by a rule or order of the commission, unless the act
816	816	36 or omission constitutes gross negligence or willful or wanton
817	817	37 misconduct.
818	818	38 Sec. 17. The commission and the chairperson have, in addition
819	819	39 to the express powers enumerated in this article, the authority to
820	820	40 exercise all powers necessary and proper to carry out the policies
821	821	41 of this article and to promote efficient administration by the
822	822	42 commission.
823	823	2022 IN 1311—LS 7063/DI 106 20
824	824	1 Chapter 8. Searches and Seizures
825	825	2 Sec. 1. A circuit or superior court may issue a warrant to search
826	826	3 a house or other place for cannabis, cannabis products, or another
827	827	4 article that is being possessed, kept, sold, bartered, given away,
828	828	5 used, or transported in violation of this article.
829	829	6 Sec. 2. The warrant shall be directed to the officer, agent, or
830	830	7 employee of the commission who filed the affidavit for the warrant
831	831	8 and otherwise it shall be directed to any officer who has the power
832	832	9 to serve criminal process. The warrant shall be served by the
833	833	10 person to whom it was issued in the daytime or nighttime and the
834	834	11 return made within twenty (20) days from the date of issue.
835	835	12 Sec. 3. The officer who serves the warrant shall seize any article
836	836	13 described in the warrant and any other article found during the
837	837	14 search that is used in the violation of a provision of this article and
838	838	15 hold in the same manner as other items seized pursuant to a search
839	839	16 warrant are held.
840	840	17 Sec. 4. A person has no property right of any kind in:
841	841	18 (1) cannabis or a cannabis product possessed contrary to law;
842	842	19 (2) a receptacle or container holding cannabis or a cannabis
843	843	20 product possessed contrary to law;
844	844	21 (3) an unlawful or prohibited receptacle or container; or
845	845	22 (4) a receptacle or container that violates a rule of the
846	846	23 commission or that is being used in a manner that violates a
847	847	24 rule of the commission.
848	848	25 Sec. 5. Testimony concerning the appearance, taste, or odor of
849	849	26 cannabis or a cannabis product is admissible as evidence in a
850	850	27 criminal prosecution or in a proceeding before the commission.
851	851	28 Sec. 6. An unbroken cannabis container with a label altered so
852	852	29 that it does not describe the cannabis accurately is admissible as
853	853	30 evidence in a court.
854	854	31 Sec. 7. The court shall receive oral testimony upon a matter
855	855	32 referred to in this chapter for the purpose of showing a violation of
856	856	33 this article whether the container is offered in evidence or not.
857	857	34 Sec. 8. (a) If a substance is removed or destroyed before it is
858	858	35 able to be seized under this chapter, the trier of fact may infer that
859	859	36 the substance was cannabis or a cannabis product possessed in
860	860	37 violation of this article.
861	861	38 (b) Proof of the possession of an empty container permits a trier
862	862	39 of fact to infer that the person who possessed the container
863	863	40 possessed cannabis.
864	864	41 Chapter 9. Public Nuisances
865	865	42 Sec. 1. The following are declared to be a public nuisance:
866	866	2022 IN 1311—LS 7063/DI 106 21
867	867	1 (1) A premises, vehicle, or place of any kind where at least one
868	868	2 (1) of the following occurs:
869	869	3 (A) Cannabis or a cannabis product of any type is
870	870	4 possessed in violation of Indiana law or a rule of the
871	871	5 commission.
872	872	6 (B) A person is permitted to use the premises, vehicle, or
873	873	7 place for the purpose of consuming cannabis or cannabis
874	874	8 products in violation of Indiana law or a rule of the
875	875	9 commission.
876	876	10 (2) A place where cannabis or cannabis products are kept for
877	877	11 delivery in violation of Indiana law or in violation of a rule of
878	878	12 the commission.
879	879	13 (3) The business property of a person who knowingly or
880	880	14 intentionally possesses cannabis or cannabis products in
881	881	15 violation of Indiana law or a rule of the commission.
882	882	16 Sec. 2. The plaintiff in an action to abate a public nuisance
883	883	17 under this chapter must prove that the owner of the business had
884	884	18 actual knowledge of the actions alleged to constitute a nuisance.
885	885	19 Sec. 3. In determining whether an owner should be held liable
886	886	20 for failing to abate a public nuisance under this chapter, the court
887	887	21 shall consider the efforts the owner took to abate the public
888	888	22 nuisance, including whether the law enforcement agency that
889	889	23 serves the owner's property was notified by the owner or the
890	890	24 owner's employee of the actions alleged to constitute the public
891	891	25 nuisance.
892	892	26 Sec. 4. If a permittee violates this article on a premises or in a
893	893	27 vehicle where cannabis or a cannabis product is kept, the premises
894	894	28 or vehicle is a public nuisance.
895	895	29 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
896	896	30 and the premises or vehicle where it is kept constitute a public
897	897	31 nuisance.
898	898	32 Sec. 6. (a) The following may bring an action to abate a common
899	899	33 nuisance or a violation of this article:
900	900	34 (1) The commission.
901	901	35 (2) The chairperson of the commission.
902	902	36 (3) The attorney general.
903	903	37 (4) The prosecuting attorney exercising jurisdiction in the
904	904	38 county where the common nuisance or violation occurs.
905	905	39 (5) A permittee.
906	906	40 (6) A resident of the county where the common nuisance or
907	907	41 violation occurs.
908	908	42 (b) The court may grant a temporary restraining order, a
909	909	2022 IN 1311—LS 7063/DI 106 22
910	910	1 preliminary injunction, a permanent injunction, and any other
911	911	2 relief authorized under Indiana law.
912	912	3 Sec. 7. A prevailing plaintiff in an action brought to abate a
913	913	4 nuisance is entitled to, at the discretion of the court:
914	914	5 (1) an order that the premises be closed for a period of one (1)
915	915	6 year; or
916	916	7 (2) an order that the premises be closed for a period of less
917	917	8 than one (1) year and an award of liquidated damages in an
918	918	9 amount of not less than one thousand dollars ($1,000) and not
919	919	10 more than twenty-five thousand dollars ($25,000) to the State
920	920	11 of Indiana.
921	921	12 Sec. 8. An action authorized by this chapter shall be brought in
922	922	13 the name of the state on the relation of the commission. The
923	923	14 commission may be represented by an attorney selected by it, or by
924	924	15 the attorney general, or by a deputy or assistant attorney general
925	925	16 assigned by the attorney general for the purpose of instituting or
926	926	17 conducting the action, or by both.
927	927	18 Sec. 9. The remedies authorized by this chapter are cumulative
928	928	19 and nonexclusive. The remedies provided in this article do not
929	929	20 affect the power of the commission to revoke a permit.
930	930	21 Chapter 10. Jurisdiction and Miscellaneous Judicial
931	931	22 Proceedings
932	932	23 Sec. 1. An action brought against the commission, or against the
933	933	24 chairperson as the chairperson, shall be brought in the circuit or
934	934	25 superior court of Marion County unless otherwise specifically
935	935	26 provided in this article.
936	936	27 Sec. 2. The commission may bring an action for declaratory
937	937	28 judgment under IC 34-14-1-1.
938	938	29 Chapter 11. Issuance of Permits Generally
939	939	30 Sec. 1. (a) The commission may issue only the types of permits
940	940	31 authorized by this article subject to the applicable provisions of
941	941	32 this article.
942	942	33 (b) Beginning January 1, 2023, the commission shall accept
943	943	34 applications for cannabis permits.
944	944	35 Sec. 2. A permit:
945	945	36 (1) is a revocable privilege granted by the state; and
946	946	37 (2) is not a property right.
947	947	38 Sec. 3. The commission may issue a permit under this article
948	948	39 only to:
949	949	40 (1) an individual;
950	950	41 (2) a partnership;
951	951	42 (3) a limited liability company; or
952	952	2022 IN 1311—LS 7063/DI 106 23
953	953	1 (4) a corporation organized and existing under Indiana law.
954	954	2 Sec. 4. The following definitions apply throughout this chapter:
955	955	3 (1) "Minority" means a person identified as:
956	956	4 (A) Black;
957	957	5 (B) Native American;
958	958	6 (C) Asian American; or
959	959	7 (D) Hispanic.
960	960	8 (2) "Owned and controlled" means:
961	961	9 (A) ownership of at least fifty-one percent (51%) of the
962	962	10 enterprise, including corporate stock of a corporation;
963	963	11 (B) control over the management and being active in the
964	964	12 day to day operations of the business; and
965	965	13 (C) an interest in the capital, assets, and profits and losses
966	966	14 of the business proportionate to the percentage of
967	967	15 ownership.
968	968	16 (3) "Veteran" means an individual who:
969	969	17 (1) has previously:
970	970	18 (A) served on active duty in any branch of the armed
971	971	19 forces of the United States or their reserves, or in the
972	972	20 national guard; and
973	973	21 (B) received an honorable discharge from service; or
974	974	22 (2) is currently serving in:
975	975	23 (A) any branch of the armed forces of the United States
976	976	24 or their reserves; or
977	977	25 (B) the national guard.
978	978	26 Sec. 5. (a) Except as provided in subsection (b), the commission
979	979	27 shall issue not less than fifteen percent (15%) of allowable permits
980	980	28 under this article to businesses owned and controlled by one (1) or
981	981	29 more:
982	982	30 (1) minorities; or
983	983	31 (2) veterans.
984	984	32 (b) If an insufficient number of qualifying applications are by a
985	985	33 person described in subsection (a), the commission shall issue
986	986	34 permits in the usual way.
987	987	35 Sec. 6. (a) Except as otherwise provided in this article, a permit
988	988	36 issued by the commission is valid for one (1) calendar year,
989	989	37 including the day upon which it is granted. At the end of the one (1)
990	990	38 year period, the permit expires and is void.
991	991	39 (b) The commission shall timely process a permittee's
992	992	40 application for renewal of a permit unless the permittee receives a
993	993	41 notice of a violation from the office of the prosecutor.
994	994	42 (c) The commission may timely process an application for
995	995	2022 IN 1311—LS 7063/DI 106 24
996	996	1 renewal of a permit filed by a permittee that receives notice of a
997	997	2 violation as described in subsection (f) if the chairperson or the
998	998	3 chairperson's designee authorizes the application for renewal of
999	999	4 the permit to be timely processed.
1000	1000	5 (d) A permittee may file an application for renewal of a permit
1001	1001	6 not later than thirty (30) days after the date the permit expires.
1002	1002	7 (e) If a permittee does not file an application for renewal of a
1003	1003	8 permit within the time provided in subsection (d), the permit
1004	1004	9 reverts to the commission. At least thirty (30) days before the date
1005	1005	10 that a permit reverts to the commission, the commission shall
1006	1006	11 provide written notice to the permittee informing the permittee of
1007	1007	12 the date that the permittee's permit will revert to the commission.
1008	1008	13 (f) The chairperson or the chairperson's designee may allow the
1009	1009	14 permittee to renew the permit after the date the permit expires
1010	1010	15 only if the permittee provides evidence that the permittee is
1011	1011	16 engaged in an administrative or court proceeding that prevents the
1012	1012	17 permittee from renewing the permit.
1013	1013	18 (g) A permit is effective upon the final approval of the
1014	1014	19 commission. Upon final approval of a permit, and upon the request
1015	1015	20 of the permittee, the commission shall provide the permittee with
1016	1016	21 a letter of authority to operate. The letter of authority to operate
1017	1017	22 constitutes authorization for the permittee to perform the actions
1018	1018	23 allowed under the permit until the date the permittee receives the
1019	1019	24 permit issued by the commission.
1020	1020	25 Sec. 7. (a) The chairperson or the chairperson's designee may
1021	1021	26 issue an original letter of extension extending the term of a permit
1022	1022	27 for a maximum period of ninety (90) days for good cause shown
1023	1023	28 upon the written request of the permittee and payment of the fee,
1024	1024	29 if required.
1025	1025	30 (b) Upon the expiration of an original letter of extension, or any
1026	1026	31 renewal thereof, if good cause still exists, subsequent renewals of
1027	1027	32 the extension may be granted to the permittee only upon the
1028	1028	33 affirmative vote of a majority of the members of the commission.
1029	1029	34 Sec. 8. The commission shall issue a permit authorized by this
1030	1030	35 article only upon proper application. The application shall be in
1031	1031	36 writing, and verified, upon forms prescribed and furnished by the
1032	1032	37 commission. The application shall contain the terms and
1033	1033	38 information required by this article or by the rules of the
1034	1034	39 commission. The appropriate surety bond, if required, must be
1035	1035	40 submitted with the application.
1036	1036	41 Sec. 9. An application for a permit shall contain the express
1037	1037	42 statement of the applicant that, if a permit is issued to the
1038	1038	2022 IN 1311—LS 7063/DI 106 25
1039	1039	1 applicant, the applicant consents for the duration of the permit
1040	1040	2 term to the entrance, inspection, and search by an enforcement
1041	1041	3 officer, without a warrant or other process, of the applicant's
1042	1042	4 permitted premises and vehicles to determine whether the
1043	1043	5 applicant is complying with the provisions of this article. The
1044	1044	6 consent required by this section is renewed and continued by the
1045	1045	7 retention of a permit or its use by a permittee.
1046	1046	8 Sec. 10. An application for a permit to sell cannabis or cannabis
1047	1047	9 products of any kind, and the required publication of notice, must
1048	1048	10 disclose the name of the applicant and the specific property
1049	1049	11 address where the cannabis or cannabis products are to be sold,
1050	1050	12 and any assumed business name under which the business will be
1051	1051	13 conducted. The application and notice also must disclose:
1052	1052	14 (1) the names of the executive officers of the corporation,
1053	1053	15 company, or other entity responsible to the public for the sale
1054	1054	16 of cannabis or the cannabis product; and
1055	1055	17 (2) the Internet web site where a member of the public may
1056	1056	18 access the information in subdivision (1).
1057	1057	19 Sec. 11. An applicant must have a vested legal interest in the
1058	1058	20 property address listed on the permit application.
1059	1059	21 Sec. 12. (a) As used in this section "immediate family member"
1060	1060	22 means a spouse, parent, child, sibling, father-in-law, or
1061	1061	23 mother-in-law.
1062	1062	24 (b) The commission may not issue a permit under this chapter
1063	1063	25 to an individual who is an immediate family member of a current
1064	1064	26 permittee.
1065	1065	27 Sec. 13. (a) On receipt of a completed permit application under
1066	1066	28 this article, the commission shall forward a copy of the application
1067	1067	29 to the state police department.
1068	1068	30 (b) The state police department shall perform a national
1069	1069	31 criminal history background check of the applicant and return the
1070	1070	32 application to the commission along with the results from the
1071	1071	33 national criminal history background check. The commission is
1072	1072	34 responsible for the cost of the national criminal history
1073	1073	35 background check.
1074	1074	36 (c) The commission shall review the permit application after
1075	1075	37 receipt of the results from the state police department. The
1076	1076	38 commission shall grant or deny a completed application for a
1077	1077	39 permit within sixty (60) days after receipt of the application. If the
1078	1078	40 commission determines that:
1079	1079	41 (1) all the requirements under this article have been met; and
1080	1080	42 (2) the applicant has not been convicted within ten (10) years
1081	1081	2022 IN 1311—LS 7063/DI 106 26
1082	1082	1 before the date of application of:
1083	1083	2 (A) a federal crime having a sentence of more than one (1)
1084	1084	3 year;
1085	1085	4 (B) a Class A, Class B, or Class C felony (for a crime
1086	1086	5 committed before July 1, 2014) or a Level 1, Level 2, Level
1087	1087	6 3, Level 4, or Level 5 felony (for a crime committed after
1088	1088	7 June 30, 2014); or
1089	1089	8 (C) a crime in another state that is substantially similar to
1090	1090	9 a crime described in clause (B);
1091	1091	10 the commission shall approve the application for issuance of
1092	1092	11 the permit.
1093	1093	12 (d) The commission may deny a permit application if it finds
1094	1094	13 that the applicant has been adjudicated against in a civil
1095	1095	14 proceeding regarding the cannabis or hemp industry.
1096	1096	15 (e) If the completed application for a permit is denied, the
1097	1097	16 commission must state the reasons for the denial. If a completed
1098	1098	17 application is denied under this section, the applicant may reapply
1099	1099	18 within thirty (30) days after the date of the denial. There is no
1100	1100	19 application fee for a reapplication under this subsection.
1101	1101	20 (f) A permit issued under this article expires one (1) year after
1102	1102	21 the date on which the permit was issued, unless revoked.
1103	1103	22 Sec. 14. An applicant for a permit issued pursuant to this article
1104	1104	23 shall file with the commission a surety bond in the sum of fifteen
1105	1105	24 thousand dollars ($15,000).
1106	1106	25 Sec. 15. (a) The required surety bond of an applicant must be
1107	1107	26 approved by the commission. The bond must be made payable to
1108	1108	27 the state and may be forfeited if the applicant:
1109	1109	28 (1) violates a provision of this article or a rule of the
1110	1110	29 commission that relates to the permit; or
1111	1111	30 (2) fails to pay all taxes and fees imposed by this article on the
1112	1112	31 activities authorized under the permit.
1113	1113	32 (b) A permittee shall keep the bond in full force and effect
1114	1114	33 continuously in order to keep the permit in force.
1115	1115	34 Sec. 16. (a) Except as provided in subsection (b), the commission
1116	1116	35 may recover no more than two hundred fifty dollars ($250) in any
1117	1117	36 one (1) action on a permittee's surety bond for the violation of a
1118	1118	37 rule of the commission. Except as provided in subsection (b), the
1119	1119	38 commission may recover no more than five hundred dollars ($500)
1120	1120	39 in any one (1) action on the surety bond for the violation of a
1121	1121	40 provision of this article. All violations committed before the
1122	1122	41 commission brings an action on the bond are considered one (1)
1123	1123	42 violation. Funds recovered on a bond shall be deposited in the
1124	1124	2022 IN 1311—LS 7063/DI 106 27
1125	1125	1 cannabis regulation fund established by IC 7.1-8-2-10.
1126	1126	2 (b) The state may recover the full amount of all taxes and fees
1127	1127	3 due and owed by the permittee under this article in a single action
1128	1128	4 on the bond. No person may bring an action on the bond except the
1129	1129	5 commission. Funds recovered under this section shall be deposited
1130	1130	6 in the state general fund.
1131	1131	7 Sec. 17. The commission shall ensure that a surety bond filed
1132	1132	8 under this article is securely stored. The commission may not
1133	1133	9 approve a surety bond unless the surety company is solvent and
1134	1134	10 qualified to do business in Indiana. The commission, before
1135	1135	11 approving a surety bond, shall require the commissioner of the
1136	1136	12 department of insurance to furnish to the commission copies of
1137	1137	13 reports of the surety company and other information concerning
1138	1138	14 the reserves and reliability of the company.
1139	1139	15 Sec. 18. Cash or bonds of the United States, or both, may be
1140	1140	16 tendered to the commission instead of a surety bond required by
1141	1141	17 the provisions of this article if it is tendered on the same terms and
1142	1142	18 conditions as a surety bond.
1143	1143	19 Sec. 19. A surety may not cancel or annul a surety bond filed in
1144	1144	20 accordance with the provisions of this article after it has been
1145	1145	21 approved by the commission. However, a surety, with the consent
1146	1146	22 of the commission, may cancel a bond and be released from
1147	1147	23 liability accruing after the effective date of the cancellation. The
1148	1148	24 commission may not approve a cancellation until the surety has
1149	1149	25 paid and discharged in full its liability to the state on the bond to
1150	1150	26 the date of the approval of the cancellation.
1151	1151	27 Sec. 20. (a) As used in this section, "credit card" means a:
1152	1152	28 (1) credit card;
1153	1153	29 (2) debit card;
1154	1154	30 (3) charge card; or
1155	1155	31 (4) stored value card.
1156	1156	32 (b) The commission shall accept a payment to the commission
1157	1157	33 for any purpose by any of the following financial instruments:
1158	1158	34 (1) Cash.
1159	1159	35 (2) Certified check.
1160	1160	36 (3) Cashier's check.
1161	1161	37 (4) Check drawn on the bank deposit of a business.
1162	1162	38 (5) Valid postal money order of the United States.
1163	1163	39 (6) Bank draft.
1164	1164	40 (7) Money order.
1165	1165	41 (8) Bank card or credit card.
1166	1166	42 (9) Electronic funds transfer.
1167	1167	2022 IN 1311—LS 7063/DI 106 28
1168	1168	1 (10) Any other financial instrument authorized by the
1169	1169	2 commission.
1170	1170	3 (c) If there is a charge to the commission for the use of a
1171	1171	4 financial instrument, the commission may collect a sum equal to
1172	1172	5 the amount of the charge from the person who uses the financial
1173	1173	6 instrument.
1174	1174	7 (d) A procedure authorized for a particular type of payment
1175	1175	8 must be uniformly applied to all payments of the same type.
1176	1176	9 (e) The commission may contract with a bank card or credit
1177	1177	10 card vendor for acceptance of bank cards or credit cards.
1178	1178	11 However, if there is a vendor transaction charge or discount fee,
1179	1179	12 whether billed to the commission or charged directly to the
1180	1180	13 commission's account, the commission may collect from the person
1181	1181	14 using the card:
1182	1182	15 (1) an official fee that may not exceed the transaction charge
1183	1183	16 or discount fee charged to the commission by bank or credit
1184	1184	17 card vendors; or
1185	1185	18 (2) a reasonable convenience fee:
1186	1186	19 (A) that may not exceed three dollars ($3); and
1187	1187	20 (B) that must be uniform regardless of the bank card or
1188	1188	21 credit card used.
1189	1189	22 The fees described in subdivisions (1) and (2) may be collected
1190	1190	23 regardless of retail merchant agreements between the bank and
1191	1191	24 credit card vendors that may prohibit such fees. These fees are
1192	1192	25 permitted additional charges under IC 24-4.5-3-202.
1193	1193	26 (f) The commission may pay any applicable bank card or credit
1194	1194	27 card service charge associated with the use of a bank card or credit
1195	1195	28 card under this section.
1196	1196	29 Sec. 21. (a) Except as provided in subsection (d), if publication
1197	1197	30 of notice of application for a permit is required under this article,
1198	1198	31 the publication shall be made in one (1) newspaper of general
1199	1199	32 circulation published in the county where the permit is to be in
1200	1200	33 effect.
1201	1201	34 (b) Publication required under subsection (a) may be made in
1202	1202	35 any newspaper of general circulation published one (1) or more
1203	1203	36 times each week.
1204	1204	37 (c) The rates to be paid for the advertising of a notice required
1205	1205	38 under this article shall be those required to be paid in case of other
1206	1206	39 notices published for or on behalf of the state.
1207	1207	40 (d) If:
1208	1208	41 (1) the commission is unable to procure advertising of a notice
1209	1209	42 as required under subsection (a) at the rates set forth in
1210	1210	2022 IN 1311—LS 7063/DI 106 29
1211	1211	1 IC 5-3-1; or
1212	1212	2 (2) the newspaper published in the county as described in
1213	1213	3 subsection (a) refuses to publish the notice;
1214	1214	4 the commission may, instead of publication in a newspaper as
1215	1215	5 required under subsection (a), post the notice on the commission's
1216	1216	6 Internet web site.
1217	1217	7 Sec. 22. Whenever the character of the business in which an
1218	1218	8 applicant is engaged is material to the applicant being issued a
1219	1219	9 permit under this article, or is material to the applicant being
1220	1220	10 qualified to continue to hold the permit, it must be made to appear
1221	1221	11 to the satisfaction of the commission that a substantial portion of
1222	1222	12 the business carried on, or to be carried on, in the premises in
1223	1223	13 respect to which a permit is applied for is in the nature of the
1224	1224	14 applicant's main business function in the premises.
1225	1225	15 Sec. 23. A person to whom a permit has been issued to carry on
1226	1226	16 any of the activities authorized by this article shall, before being
1227	1227	17 fully qualified to do business, post and display, and keep posted
1228	1228	18 and displayed, in the most conspicuous place in the person's
1229	1229	19 permitted premises the person's permit to do business.
1230	1230	20 Sec. 24. A permit issued under this article may not be
1231	1231	21 transferred:
1232	1232	22 (1) from the permit holder to another person; or
1233	1233	23 (2) from the location for which the permit was approved or
1234	1234	24 renewed to another location;
1235	1235	25 unless otherwise authorized in this article or approved by the
1236	1236	26 commission.
1237	1237	27 Sec. 25. (a) As used in this section "disqualifying event" means
1238	1238	28 an occurrence that would render the planned cannabis permittee
1239	1239	29 location illegal under this article.
1240	1240	30 (b) In the event a disqualifying event occurs while a permit
1241	1241	31 application is pending before the commission, the applicant may
1242	1242	32 transfer the permit location within six (6) months of the
1243	1243	33 disqualifying event.
1244	1244	34 Sec. 26. If the information required for an initial or renewal
1245	1245	35 permit changes, the permit holder shall notify the commission
1246	1246	36 within ten (10) business days of the change. If any change in the
1247	1247	37 information required for an application results in a violation of this
1248	1248	38 article, the commission may impose a penalty as provided in this
1249	1249	39 article.
1250	1250	40 Sec. 27. (a) As used in this section, "integrated permittee"
1251	1251	41 means a person who simultaneously holds a:
1252	1252	42 (1) grower permit;
1253	1253	2022 IN 1311—LS 7063/DI 106 30
1254	1254	1 (2) processor permit; and
1255	1255	2 (3) retail permit.
1256	1256	3 (b) Except as provided in subsection (c), nothing in this article
1257	1257	4 prohibits a permittee from simultaneously holding a:
1258	1258	5 (1) grower permit;
1259	1259	6 (2) processor permit; and
1260	1260	7 (3) retail permit.
1261	1261	8 However, a person holding a transport permit may not hold any
1262	1262	9 other type of permit, and a person holding a testing permit may not
1263	1263	10 hold any other type of permit.
1264	1264	11 (c) No more than nine (9) permittees may hold a grower permit,
1265	1265	12 a processor permit, and at least one (1) retail permit at one (1)
1266	1266	13 time.
1267	1267	14 (d) An integrated permittee must demonstrate a substantial
1268	1268	15 historical business investment in Indiana, as determined by the
1269	1269	16 commission.
1270	1270	17 (e) An integrated permittee is subject to all the requirements of
1271	1271	18 the laws and regulations governing each permit.
1272	1272	19 (f) An integrated permittee may be subject to additional fees or
1273	1273	20 assessments, as determined by the commission.
1274	1274	21 Chapter 12. Grower Permits
1275	1275	22 Sec. 1. The growth of cannabis is authorized in Indiana. The
1276	1276	23 growing and handling of cannabis is subject to regulation by the
1277	1277	24 commission. The commission shall adopt rules under IC 4-22-2 to
1278	1278	25 oversee the permitting, production, and management of:
1279	1279	26 (1) cannabis; and
1280	1280	27 (2) cannabis seed.
1281	1281	28 Sec. 2. (a) Except as expressly provided in this article, a
1282	1282	29 cannabis grower may not grow or sell cannabis in Indiana without
1283	1283	30 a permit issued by the commission under this article.
1284	1284	31 (b) Except as otherwise provided in this article, cannabis
1285	1285	32 produced by a grower permittee under this article may be grown
1286	1286	33 and sold in Indiana.
1287	1287	34 (c) A grower issued a permit under this chapter may only grow
1288	1288	35 cannabis in a grow facility.
1289	1289	36 (d) Nothing in this chapter prohibits a grower permittee from
1290	1290	37 selling cannabis to another grower permittee in Indiana.
1291	1291	38 (e) Nothing in this chapter prohibits a grower permittee from
1292	1292	39 exporting cannabis outside Indiana as permitted by federal law.
1293	1293	40 Sec. 3. (a) A grower to whom a permit has been issued under
1294	1294	41 this chapter may deposit that permit with the commission for a
1295	1295	42 period of two (2) years if the permittee is unable to immediately
1296	1296	2022 IN 1311—LS 7063/DI 106 31
1297	1297	1 operate the business to which the permit applies.
1298	1298	2 (b) If a permittee is unable to use the permit issued under this
1299	1299	3 article within two (2) years, the permit is forfeited to the
1300	1300	4 commission.
1301	1301	5 Sec. 4. (a) As used in this section, "household" means a
1302	1302	6 residential dwelling that is the principal place of residence of a
1303	1303	7 person or a family unit whose members are related by birth,
1304	1304	8 marriage, or adoption and who share a common living
1305	1305	9 arrangement. It does not include any industrial, commercial, or
1306	1306	10 other nonresidential building.
1307	1307	11 (b) An individual may personally cultivate cannabis in Indiana
1308	1308	12 for personal use without a permit.
1309	1309	13 (c) A person may not personally cultivate more than four (4)
1310	1310	14 plants per household at one (1) time.
1311	1311	15 (d) All cannabis personally cultivated under this section must be
1312	1312	16 grown on real property owned by the person or on real property
1313	1313	17 for which the person has the property owner's written permission
1314	1314	18 to personally cultivate cannabis on the property.
1315	1315	19 (e) A person who personally cultivates cannabis may not use
1316	1316	20 extraction equipment or extraction processes if the equipment or
1317	1317	21 process uses butane, propane, carbon dioxide, or any potentially
1318	1318	22 hazardous material in a residential property.
1319	1319	23 Sec. 5. (a) For purposes of this section, "visible" means viewable
1320	1320	24 by a normal person with 20/20 eyesight without the use of any
1321	1321	25 device to assist in improving viewing distance or vantage point.
1322	1322	26 (b) All cannabis personally cultivated under this chapter must
1323	1323	27 be cultivated so that the cannabis is not accessible to a member of
1324	1324	28 the general public. No cannabis may be visible from any street
1325	1325	29 adjacent to the property.
1326	1326	30 (c) In consultation with the state police department, the
1327	1327	31 commission shall adopt rules under IC 4-22-2 governing the
1328	1328	32 security of a cannabis personal cultivation site.
1329	1329	33 (d) Cannabis plants personally cultivated in violation of this
1330	1330	34 section may be seized and destroyed.
1331	1331	35 Sec. 6. In addition to the other requirements of this article, an
1332	1332	36 initial or renewal application for a grower permit must include the
1333	1333	37 following:
1334	1334	38 (1) The global positioning system coordinates and legal
1335	1335	39 description of the property used for the cannabis grow
1336	1336	40 operation.
1337	1337	41 (2) The planned size of the cannabis canopy.
1338	1338	42 (3) A site plan of the proposed grow facility.
1339	1339	2022 IN 1311—LS 7063/DI 106 32
1340	1340	1 (4) A nonrefundable application fee.
1341	1341	2 Sec. 7. (a) For a permittee who grows less than five thousand
1342	1342	3 (5,000) square feet of cannabis canopy, the commission shall
1343	1343	4 impose an annual fee of fifteen thousand dollars ($15,000).
1344	1344	5 (b) For a permittee who grows at least five thousand (5,000)
1345	1345	6 square feet of cannabis canopy, but less than fifteen thousand
1346	1346	7 (15,000) square feet of cannabis canopy, the commission shall
1347	1347	8 impose an annual fee of fifty thousand dollars ($50,000).
1348	1348	9 (c) For a permittee who grows at least fifteen thousand (15,000)
1349	1349	10 square feet of cannabis canopy, the commission shall impose an
1350	1350	11 annual fee of one hundred thousand dollars ($100,000).
1351	1351	12 (d) No more than four (4) grower permits may be issued under
1352	1352	13 subsection (c) at one (1) time.
1353	1353	14 (e) No permittee, or permittee who is directly or indirectly
1354	1354	15 controlled by another permittee, may possess more than one (1)
1355	1355	16 grower permit at one (1) time.
1356	1356	17 (f) The fees set forth in this section are due to the commission
1357	1357	18 within thirty (30) days of the date the initial or renewal grower
1358	1358	19 permit is issued, and shall be deposited in the cannabis regulation
1359	1359	20 fund established by IC 7.1-8-2-10.
1360	1360	21 Sec. 8. (a) A grower shall uniquely identify each immature plant
1361	1361	22 batch with a single permanent plant tag and record the
1362	1362	23 information in the statewide monitoring system established under
1363	1363	24 IC 7.1-8-17. Each immature plant batch must consist of no more
1364	1364	25 than one hundred (100) immature plants.
1365	1365	26 (b) A grower shall separate the plants as the plants go through
1366	1366	27 different growth stages and ensure that the plant tag is always
1367	1367	28 identified with the plant throughout the growth span so that all
1368	1368	29 plants can be easily identified and inspected. A grower shall ensure
1369	1369	30 that the identification information is recorded in the statewide
1370	1370	31 monitoring system.
1371	1371	32 (c) After a tagged plant is harvested, it is part of a harvest batch
1372	1372	33 so that a sample of the harvest batch can be tested in accordance
1373	1373	34 with this article. A grower shall quarantine a harvest batch from
1374	1374	35 other plants or batches that have test results pending. A harvest
1375	1375	36 batch must be easily distinguishable from other harvest batches
1376	1376	37 until the batch is broken down into packages.
1377	1377	38 (d) After test results show a passed test and the harvest batch is
1378	1378	39 packaged, the grower shall destroy the individual plant tags. Each
1379	1379	40 package must have a permanent package tag attached. A grower
1380	1380	41 shall ensure this information is placed in the statewide monitoring
1381	1381	42 system in accordance with this article and rules adopted by the
1382	1382	2022 IN 1311—LS 7063/DI 106 33
1383	1383	1 commission.
1384	1384	2 Sec. 9. (a) In addition to any other liability or penalty provided
1385	1385	3 by law, the commission may revoke or refuse to issue or renew a
1386	1386	4 cannabis grower permit and may impose a civil penalty for a
1387	1387	5 violation of:
1388	1388	6 (1) a permit requirement;
1389	1389	7 (2) permit terms or conditions; or
1390	1390	8 (3) a rule relating to growing cannabis.
1391	1391	9 (b) The commission may not impose a civil penalty under this
1392	1392	10 section that exceeds two thousand five hundred dollars ($2,500).
1393	1393	11 (c) Any civil penalties collected under this section shall be
1394	1394	12 deposited in the cannabis regulation fund established by
1395	1395	13 IC 7.1-8-2-10.
1396	1396	14 Sec. 10. (a) Except as provided in subsection (b), the commission
1397	1397	15 shall give a person who negligently violates this chapter a
1398	1398	16 reasonable time, determined by the commission, to correct the
1399	1399	17 violation without imposing a penalty under this chapter. However,
1400	1400	18 the commission may require the person who committed the
1401	1401	19 violation to comply with a corrective action plan determined by the
1402	1402	20 commission and report to the commission on compliance with the
1403	1403	21 corrective action plan.
1404	1404	22 (b) A person who commits a negligent violation of this chapter
1405	1405	23 three (3) times in a five (5) year period shall immediately be
1406	1406	24 ineligible to hold or work under a cannabis permit for five (5)
1407	1407	25 years.
1408	1408	26 (c) If the commission believes that a person has knowingly or
1409	1409	27 intentionally violated this chapter, the commission shall notify:
1410	1410	28 (1) the superintendent of the state police department; and
1411	1411	29 (2) the prosecuting attorney of the county in which the
1412	1412	30 violation occurred;
1413	1413	31 of the violation.
1414	1414	32 (d) A person who commits a negligent violation under this
1415	1415	33 chapter is subject to a late fee as established by rule adopted by the
1416	1416	34 commission.
1417	1417	35 Sec. 11. The commission shall adopt rules under IC 4-22-2 to
1418	1418	36 implement and administer this chapter.
1419	1419	37 Sec. 12. (a) The commission may keep the:
1420	1420	38 (1) names of growers who are permitted under this chapter;
1421	1421	39 and
1422	1422	40 (2) locations of permitted cannabis crops;
1423	1423	41 confidential for purposes of IC 5-14-3.
1424	1424	42 (b) The commission may share confidential information under
1425	1425	2022 IN 1311—LS 7063/DI 106 34
1426	1426	1 subsection (a) with the state police department and law
1427	1427	2 enforcement officers (as defined in IC 35-31.5-2-185).
1428	1428	3 Sec. 13. A person not permitted under this chapter who
1429	1429	4 knowingly or intentionally:
1430	1430	5 (1) grows or sells cannabis; or
1431	1431	6 (2) sells cannabis seed;
1432	1432	7 commits a Level 6 felony.
1433	1433	8 Chapter 13. Processor Permits
1434	1434	9 Sec. 1. The commission may issue a cannabis processor permit
1435	1435	10 to a person who desires to process cannabis or cannabis products.
1436	1436	11 Sec. 2. The holder of a processor permit may do the following:
1437	1437	12 (1) Process cannabis or cannabis products.
1438	1438	13 (2) Place cannabis or cannabis products in containers for
1439	1439	14 retail sale.
1440	1440	15 (3) Sell and deliver cannabis or cannabis products to a person
1441	1441	16 holding a cannabis retailer permit issued under this article.
1442	1442	17 Sec. 3. (a) A processor to whom a permit has been issued under
1443	1443	18 this chapter may deposit that permit with the commission for a
1444	1444	19 period of one (1) year if the permittee is unable to immediately
1445	1445	20 operate the business to which the permit applies.
1446	1446	21 (b) If a permittee is unable to use the permit issued under this
1447	1447	22 article within one (1) year, the permit is forfeited to the
1448	1448	23 commission.
1449	1449	24 Sec. 4. Cannabis must be transported and distributed to and
1450	1450	25 from a processor in packaging that contains the following
1451	1451	26 information:
1452	1452	27 (1) A scannable bar code or QR code linked to a document
1453	1453	28 that contains the:
1454	1454	29 (A) batch identification number of the cannabis;
1455	1455	30 (B) product name;
1456	1456	31 (C) batch date;
1457	1457	32 (D) expiration date, which must be not more than two (2)
1458	1458	33 years from the date of manufacture;
1459	1459	34 (E) batch size;
1460	1460	35 (F) total quantity produced;
1461	1461	36 (G) ingredients used, including the:
1462	1462	37 (i) ingredient name;
1463	1463	38 (ii) name of the company that manufactured the
1464	1464	39 ingredient;
1465	1465	40 (iii) company or product identification number or code,
1466	1466	41 if applicable; and
1467	1467	42 (iv) ingredient lot number; and
1468	1468	2022 IN 1311—LS 7063/DI 106 35
1469	1469	1 (H) results of the quality assurance test conducted under
1470	1470	2 IC 7.1-8-18.
1471	1471	3 (2) The batch number.
1472	1472	4 (3) The Internet address of a web site to obtain batch
1473	1473	5 information.
1474	1474	6 (4) The expiration date.
1475	1475	7 (5) The total number of milligrams of
1476	1476	8 delta-9-tetrahydrocannabinol (THC), including precursors.
1477	1477	9 (6) The grower.
1478	1478	10 Chapter 14. Transport Permits
1479	1479	11 Sec. 1. The commission may issue a cannabis transport permit
1480	1480	12 to a person who is a carrier upon a showing of the reliability and
1481	1481	13 responsibility of the carrier and the appropriateness of issuing the
1482	1482	14 permit.
1483	1483	15 Sec. 2. The transportation of cannabis and cannabis products
1484	1484	16 for sale in Indiana are subject to the rules of the commission.
1485	1485	17 Cannabis and cannabis products may be transported and delivered
1486	1486	18 only in containers that are lawful under this article and permissible
1487	1487	19 under the rules of the commission.
1488	1488	20 Sec. 3. A transport permit is required for the transportation of
1489	1489	21 cannabis or cannabis products on a public highway in Indiana.
1490	1490	22 Sec. 4. (a) A carrier must hold a transport permit before the
1491	1491	23 carrier may transport cannabis or cannabis products on a public
1492	1492	24 highway.
1493	1493	25 (b) A person who is a direct or beneficial owner of a grower,
1494	1494	26 processor, retail, or safety compliance facility permit issued under
1495	1495	27 this article may not hold a transport permit.
1496	1496	28 Sec. 5. (a) A carrier to whom a permit has been issued under
1497	1497	29 this chapter may deposit that permit with the commission for a
1498	1498	30 period of one (1) year if the permittee is unable to immediately
1499	1499	31 operate the business to which the permit applies.
1500	1500	32 (b) If a permittee is unable to use the permit issued under this
1501	1501	33 article within one (1) year, the permit is forfeited to the
1502	1502	34 commission.
1503	1503	35 Sec. 6. (a) A carrier may not transport cannabis on a vehicle
1504	1504	36 owned or operated by the carrier unless the carrier has filed a
1505	1505	37 description of the vehicle with the commission.
1506	1506	38 (b) The description of a vehicle used to transport cannabis must
1507	1507	39 include:
1508	1508	40 (1) the engine number;
1509	1509	41 (2) the date of manufacture;
1510	1510	42 (3) the approximate weight;
1511	1511	2022 IN 1311—LS 7063/DI 106 36
1512	1512	1 (4) the vehicle identification number;
1513	1513	2 (5) the license plate number;
1514	1514	3 (6) the capacity; and
1515	1515	4 (7) any other information that the commission may require.
1516	1516	5 (c) The permittee may alter or add to the number of vehicles
1517	1517	6 included under the permit at any time.
1518	1518	7 Sec. 7. (a) A carrier must transmit a copy of its route plan and
1519	1519	8 manifest to the safety and compliance facility as required by
1520	1520	9 IC 7.1-8-18, and a copy of each must be carried in the transporting
1521	1521	10 vehicle and presented to a law enforcement officer or commission
1522	1522	11 enforcement officer upon request.
1523	1523	12 (b) The commission may inspect shipments of cannabis or
1524	1524	13 cannabis products in transit and the vehicle used in the
1525	1525	14 transportation.
1526	1526	15 Sec. 8. A transport permittee who knowingly or intentionally
1527	1527	16 transports cannabis in a vehicle for which the permittee has not
1528	1528	17 filed a description under this chapter commits a Class A
1529	1529	18 misdemeanor.
1530	1530	19 Chapter 15. Retailer Permits
1531	1531	20 Sec. 1. The commission may issue a cannabis retailer permit to
1532	1532	21 a person who desires to sell cannabis to customers for
1533	1533	22 consumption.
1534	1534	23 Sec. 2. (a) The commission may grant only one (1) cannabis
1535	1535	24 retailer permit per twenty-five thousand (25,000) persons
1536	1536	25 statewide.
1537	1537	26 (b) Only two hundred sixty-nine (269) active cannabis retailer
1538	1538	27 permits may be issued at any one (1) time.
1539	1539	28 (c) A county may not have more permits than its census
1540	1540	29 population divided by twenty-five thousand (25,000).
1541	1541	30 (d) No single cannabis retail permittee may own more than
1542	1542	31 twenty-five percent (25%) of available permits.
1543	1543	32 Sec. 3. (a) The holder of a cannabis retailer permit may
1544	1544	33 purchase cannabis only from a permittee permitted under this
1545	1545	34 article. A cannabis retailer may possess cannabis and sell it at
1546	1546	35 retail for consumption to a customer who is at least twenty-one (21)
1547	1547	36 years of age.
1548	1548	37 (b) A cannabis retailer may sell cannabis or cannabis products
1549	1549	38 at wholesale.
1550	1550	39 (c) A cannabis retailer may sell and deliver cannabis for carry
1551	1551	40 out and for at home delivery without a transport permit.
1552	1552	41 Sec. 4. (a) A retailer to whom a permit has been issued under
1553	1553	42 this chapter may deposit the permit with the commission for a
1554	1554	2022 IN 1311—LS 7063/DI 106 37
1555	1555	1 period of one (1) year if the permittee is unable to immediately
1556	1556	2 operate the business to which the permit applies.
1557	1557	3 (b) If a permittee is unable to use the permit issued under this
1558	1558	4 article within one (1) year, the permit is forfeited to the
1559	1559	5 commission.
1560	1560	6 Sec. 5. (a) A cannabis retailer may not:
1561	1561	7 (1) operate within one thousand (1,000) feet of an elementary
1562	1562	8 or secondary school;
1563	1563	9 (2) allow a customer to sample or consume cannabis or a
1564	1564	10 cannabis product on the premises;
1565	1565	11 (3) permit a customer to purchase more than four (4) ounces
1566	1566	12 of cannabis or twenty-five (25) grams of cannabis concentrate
1567	1567	13 per day; or
1568	1568	14 (4) sell cannabis or a cannabis product in a unitary
1569	1569	15 transaction (as defined by IC 6-2.5-1-1) or bundled
1570	1570	16 transaction (as defined in IC 6-2.5-1-11.5).
1571	1571	17 (b) A person who knowingly or intentionally violates this section
1572	1572	18 commits a Level 6 felony.
1573	1573	19 Sec. 6. (a) All sales of cannabis and cannabis products must be
1574	1574	20 accompanied by an invoice showing the following:
1575	1575	21 (1) The name and address of the seller and the purchaser.
1576	1576	22 (2) The date of sale.
1577	1577	23 (3) The name of each brand sold.
1578	1578	24 (4) The number of packages, if any.
1579	1579	25 (5) The number of cases by size and type of container.
1580	1580	26 (6) The quantity of each kind of cannabis sold.
1581	1581	27 (b) The permittee must transmit an invoice to the commission
1582	1582	28 in accordance with rules adopted by the commission.
1583	1583	29 Sec. 7. Except as provided in IC 7.1-8-16, a unit may not
1584	1584	30 regulate cannabis.
1585	1585	31 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
1586	1586	32 Sec. 1. (a) Before July 1, 2023, the governing body of a county
1587	1587	33 may adopt a resolution to place a public question on the ballot to
1588	1588	34 prohibit cannabis retail licensure within the county. The governing
1589	1589	35 body shall determine whether to place the public question on the
1590	1590	36 primary election ballot, on the general election ballot, or on a
1591	1591	37 special election ballot.
1592	1592	38 (b) As soon as practicable after adopting the resolution under
1593	1593	39 subsection (a), the governing body shall send a certified copy of the
1594	1594	40 resolution to the commission and the county circuit court clerk.
1595	1595	41 Sec. 2. A prohibition against cannabis retail licensure under this
1596	1596	42 chapter prevails if a majority of the individuals who vote on the
1597	1597	2022 IN 1311—LS 7063/DI 106 38
1598	1598	1 public question approves the prohibition.
1599	1599	2 Sec. 3. The public question to be submitted to the voters must
1600	1600	3 read as follows:
1601	1601	4 "Shall the county prohibit cannabis retail licensure for five (5)
1602	1602	5 years immediately following the holding of the referendum?
1603	1603	6 If this public question is approved by the voters, cannabis
1604	1604	7 retailers will be prohibited from licensing premises in the
1605	1605	8 county for five (5) years.".
1606	1606	9 Sec. 4. Each circuit court clerk shall, upon receiving the
1607	1607	10 question approved by the governing body of a county under this
1608	1608	11 chapter, call a meeting of the county election board to certify the
1609	1609	12 question and make arrangements for the referendum.
1610	1610	13 Sec. 5. (a) The referendum shall be held in the next primary
1611	1611	14 election or general election in which all the registered voters who
1612	1612	15 are residents of the county are entitled to vote after adoption of the
1613	1613	16 resolution under section 1 of this chapter. The certification of the
1614	1614	17 question must occur not later than noon:
1615	1615	18 (1) seventy-four (74) days before a primary election if the
1616	1616	19 question is to be placed on the primary election ballot; or
1617	1617	20 (2) August 1 if the question is to be placed on the general
1618	1618	21 election ballot.
1619	1619	22 (b) However, if a primary election or general election will not be
1620	1620	23 held during the first year in which the public question is eligible to
1621	1621	24 be placed on the ballot under this chapter, and if the county
1622	1622	25 requests the public question to be placed on the ballot at a special
1623	1623	26 election, the public question shall be placed on the ballot at a
1624	1624	27 special election to be held on the first Tuesday after the first
1625	1625	28 Monday in May or November of the year. The certification must
1626	1626	29 occur not later than noon:
1627	1627	30 (1) sixty (60) days before a special election to be held in May
1628	1628	31 (if the special election is to be held in May); or
1629	1629	32 (2) August 1 (if the special election is to be held in November).
1630	1630	33 (c) If the referendum is not conducted at a primary election or
1631	1631	34 general election, the county in which the special election is to be
1632	1632	35 held shall pay all the costs of holding the special election.
1633	1633	36 Sec. 6. Each county election board shall cause:
1634	1634	37 (1) the question certified to the circuit court clerk by the
1635	1635	38 governing body of a county to be placed on the ballot in the
1636	1636	39 form prescribed by IC 3-10-9; and
1637	1637	40 (2) an adequate supply of ballots and voting equipment to be
1638	1638	41 delivered to the precinct election board of each precinct in
1639	1639	42 which the referendum is to be held.
1640	1640	2022 IN 1311—LS 7063/DI 106 39
1641	1641	1 Sec. 7. (a) Except as provided in subsection (b), every registered
1642	1642	2 voter who resides in the county may vote on the public question.
1643	1643	3 (b) An individual who changes residence from a location within
1644	1644	4 a county to a location outside of the county less than thirty (30)
1645	1645	5 days before an election under this chapter may not vote on the
1646	1646	6 public question.
1647	1647	7 Sec. 8. Each precinct election board shall count the affirmative
1648	1648	8 votes and the negative votes cast concerning the public question,
1649	1649	9 and shall certify those two (2) totals to the county election board of
1650	1650	10 the county. The circuit court clerk shall, immediately after the
1651	1651	11 votes have been counted, certify the results of the public question
1652	1652	12 to the commission and the county governing body.
1653	1653	13 Sec. 9. (a) Except as otherwise provided in this section, during
1654	1654	14 the period beginning with the adoption of a resolution by the
1655	1655	15 governing body of a county to place a public question on the ballot
1656	1656	16 and continuing through the day on which the public question is
1657	1657	17 submitted to the voters, the county governing body may not
1658	1658	18 promote a position on the referendum by doing any of the
1659	1659	19 following:
1660	1660	20 (1) Using facilities or equipment, including mail and
1661	1661	21 messaging systems, owned by the county to promote a position
1662	1662	22 on the public question, unless equal access to the facilities or
1663	1663	23 equipment is given to persons with a position opposite to that
1664	1664	24 of the county governing body.
1665	1665	25 (2) Making an expenditure of money from a fund controlled
1666	1666	26 by the county to promote a position on the public question.
1667	1667	27 (3) Using an employee to promote a position on the public
1668	1668	28 question during the employee's normal working hours or paid
1669	1669	29 overtime, or otherwise compelling an employee to promote a
1670	1670	30 position on the public question at any time. However, if a
1671	1671	31 person described in subsection (c) is advocating for or against
1672	1672	32 a position on the public question or discussing the public
1673	1673	33 question as authorized under subsection (c), an employee of
1674	1674	34 the county may assist the person in presenting information on
1675	1675	35 the public question, if requested to do so by the person
1676	1676	36 described in subsection (c).
1677	1677	37 However, this section does not prohibit an official or employee of
1678	1678	38 the county from carrying out duties with respect to a public
1679	1679	39 question that are part of the normal and regular conduct of the
1680	1680	40 official's or employee's office or agency, including the furnishing
1681	1681	41 of factual information regarding the public question in response to
1682	1682	42 inquiries from any person.
1683	1683	2022 IN 1311—LS 7063/DI 106 40
1684	1684	1 (b) This subsection does not apply to:
1685	1685	2 (1) a personal expenditure to promote a position on a public
1686	1686	3 question by an employee of a county whose employment is
1687	1687	4 governed by a collective bargaining contract or an
1688	1688	5 employment contract; or
1689	1689	6 (2) an expenditure to promote a position on a local question
1690	1690	7 by a person or an organization that has a contract or an
1691	1691	8 arrangement (whether formal or informal) with the county
1692	1692	9 solely for the use of the county's facilities.
1693	1693	10 A person or an organization that has a contract or arrangement
1694	1694	11 (whether formal or informal) with a county to provide goods or
1695	1695	12 services to the county may not spend any money to promote a
1696	1696	13 position on the public question. A violation of this subsection is a
1697	1697	14 Class A infraction.
1698	1698	15 (c) Notwithstanding any other law, an elected or appointed
1699	1699	16 member of the county governing body may at any time:
1700	1700	17 (1) personally advocate for or against a position on a public
1701	1701	18 question; or
1702	1702	19 (2) discuss the public question with any individual, group, or
1703	1703	20 organization or personally advocate for or against a position
1704	1704	21 on a public question before any individual, group, or
1705	1705	22 organization;
1706	1706	23 so long as it is not done by using public funds. Advocacy or
1707	1707	24 discussion allowed under this subsection is not considered a use of
1708	1708	25 public funds.
1709	1709	26 Chapter 17. Statewide Monitoring System
1710	1710	27 Sec. 1. The commission shall establish a statewide monitoring
1711	1711	28 system for use as an integrated cannabis tracking, inventory, and
1712	1712	29 verification system. The system must allow for interface with third
1713	1713	30 party inventory and tracking systems to provide for access by the
1714	1714	31 state, permittees, and law enforcement personnel, to the extent that
1715	1715	32 they need and are authorized to receive or submit the information,
1716	1716	33 to comply with, enforce, or administer this article.
1717	1717	34 Sec. 2. At a minimum, the system must be capable of storing and
1718	1718	35 providing access to information that, in conjunction with one (1) or
1719	1719	36 more third party inventory control and tracking systems, allows
1720	1720	37 the following:
1721	1721	38 (1) Retention of a record of the date, time, quantity, and price
1722	1722	39 of each sale or transfer of cannabis or cannabis products.
1723	1723	40 (2) Determination of whether a particular sale or transfer
1724	1724	41 transaction will exceed the permissible limit established under
1725	1725	42 this article.
1726	1726	2022 IN 1311—LS 7063/DI 106 41
1727	1727	1 (3) Effective monitoring of cannabis seed to sale transfers.
1728	1728	2 (4) Receipt and integration of information from third party
1729	1729	3 inventory control and tracking systems.
1730	1730	4 Sec. 3. The commission shall seek bids under IC 5-22 to
1731	1731	5 establish, operate, and maintain the statewide monitoring system
1732	1732	6 under this section. The commission shall do the following:
1733	1733	7 (1) Evaluate bidders based on the cost of the service and the
1734	1734	8 ability to meet all requirements of this article.
1735	1735	9 (2) Give strong consideration to the bidder's ability to prevent
1736	1736	10 fraud, abuse, and other unlawful or prohibited activities
1737	1737	11 associated with the commercial trade in cannabis, and the
1738	1738	12 ability to provide additional tools for the administration and
1739	1739	13 enforcement of this article.
1740	1740	14 (3) Institute procedures to ensure that the contract awardee
1741	1741	15 does not disclose or use the information in the system for any
1742	1742	16 use or purpose except for the enforcement, oversight, and
1743	1743	17 implementation of this article.
1744	1744	18 (4) Require the contract awardee to deliver the functioning
1745	1745	19 system within one hundred twenty (120) days after award of
1746	1746	20 the contract.
1747	1747	21 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
1748	1748	22 implement this chapter.
1749	1749	23 Chapter 18. Safety Compliance Facility Permit
1750	1750	24 Sec. 1. The commission may issue a cannabis safety compliance
1751	1751	25 facility permit to a person who desires to test cannabis and
1752	1752	26 cannabis products for transfer, sale, and consumption in Indiana.
1753	1753	27 Sec. 2. A person who has a direct or indirect ownership interest
1754	1754	28 in a grower, processor, transport, or retailer permit may not have
1755	1755	29 a direct or indirect ownership interest in a safety compliance
1756	1756	30 facility or a safety compliance facility permit.
1757	1757	31 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
1758	1758	32 establish a proficiency testing program and designate safety
1759	1759	33 compliance facility participation, that, at a minimum, comply with
1760	1760	34 reasonable and customary industry standards.
1761	1761	35 Sec. 4. (a) A safety compliance facility to which a permit has
1762	1762	36 been issued under this chapter may deposit that permit with the
1763	1763	37 commission for a period of one (1) year if the permittee is unable
1764	1764	38 to immediately operate the facility.
1765	1765	39 (b) If a permittee is unable to use the permit issued under this
1766	1766	40 article within one (1) year, the permit is forfeited to the
1767	1767	41 commission.
1768	1768	42 Sec. 5. (a) A safety compliance facility must test samples as
1769	1769	2022 IN 1311—LS 7063/DI 106 42
1770	1770	1 provided in this chapter and pursuant to rules adopted by the
1771	1771	2 commission.
1772	1772	3 (b) A safety compliance facility shall collect samples of cannabis
1773	1773	4 and cannabis products from another cannabis permittee. Every
1774	1774	5 cannabis permittee shall permit and assist the safety compliance
1775	1775	6 facility in the collection of samples for testing.
1776	1776	7 (c) The safety compliance facility shall take a physical sample of
1777	1777	8 the cannabis product from another cannabis permittee to be tested
1778	1778	9 at the safety compliance facility.
1779	1779	10 (d) The safety compliance facility must develop a statistically
1780	1780	11 valid sampling method to collect a representative sample from each
1781	1781	12 batch of cannabis product.
1782	1782	13 Sec. 6. (a) A safety compliance facility must comply with all the
1783	1783	14 following:
1784	1784	15 (1) The safety compliance facility shall ensure that samples of
1785	1785	16 the cannabis product are identified in the statewide
1786	1786	17 monitoring system and placed in secured, sealed containers
1787	1787	18 that bear the labeling required under the rules.
1788	1788	19 (2) A carrier's route plan and manifest that have been
1789	1789	20 transmitted to the facility must be entered into the statewide
1790	1790	21 monitoring system.
1791	1791	22 (3) The cannabis or cannabis product must be transported in
1792	1792	23 one (1) or more sealed containers and not be accessible while
1793	1793	24 in transit.
1794	1794	25 (4) The vehicle a safety compliance facility uses to transport
1795	1795	26 samples of cannabis or cannabis products may not bear
1796	1796	27 markings or other indication that it is carrying cannabis or a
1797	1797	28 cannabis product.
1798	1798	29 (b) Except as otherwise required by the commission, the safety
1799	1799	30 compliance facility shall collect a sample size that is:
1800	1800	31 (1) sufficient to complete all required analyses; and
1801	1801	32 (2) not less than one-half percent (0.5%) of the weight of the
1802	1802	33 harvest batch.
1803	1803	34 (c) At least fifty percent (50%) of the sample taken must be
1804	1804	35 homogenized for testing.
1805	1805	36 (d) The safety compliance facility shall report all testing results
1806	1806	37 to the commission on a quarterly basis, including the rate of
1807	1807	38 failure.
1808	1808	39 Sec. 7. A safety compliance facility must do all of the following:
1809	1809	40 (1) Become fully accredited to the International Organization
1810	1810	41 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
1811	1811	42 ILAC recognized accreditation body or by an entity approved
1812	1812	2022 IN 1311—LS 7063/DI 106 43
1813	1813	1 by the commission within one (1) year after the date the
1814	1814	2 permit is issued, and agree to have the inspections and reports
1815	1815	3 of the ISO made available to the commission.
1816	1816	4 (2) Maintain internal standard operating procedures.
1817	1817	5 (3) Maintain a quality control and quality assurance program.
1818	1818	6 Sec. 8. The commission may publish sample sizes for other
1819	1819	7 cannabis products being tested.
1820	1820	8 Sec. 9. A cannabis permittee must allow the safety compliance
1821	1821	9 facility to have access to its entire batch for the purposes of
1822	1822	10 sampling.
1823	1823	11 Sec. 10. (a) An employee of the cannabis permittee from which
1824	1824	12 the cannabis product test samples are being taken shall be
1825	1825	13 physically present to observe the safety compliance facility
1826	1826	14 employee collect the samples of cannabis or cannabis product for
1827	1827	15 testing. The employee shall ensure that the correct sample
1828	1828	16 increments are taken from throughout the batch.
1829	1829	17 (b) An employee of a cannabis permittee may not:
1830	1830	18 (1) be directly involved in the testing performed by the safety
1831	1831	19 compliance facility employee; or
1832	1832	20 (2) touch the cannabis or cannabis product or the sampling
1833	1833	21 equipment while the safety compliance facility employee is
1834	1834	22 obtaining the sample.
1835	1835	23 Sec. 11. (a) After samples have been selected, both the employee
1836	1836	24 of the cannabis permittee and the employee of the safety
1837	1837	25 compliance facility shall sign and date a chain of custody form,
1838	1838	26 attesting to the accuracy of the following sample information:
1839	1839	27 (1) The name of the cannabis product.
1840	1840	28 (2) The weight of cannabis or cannabis product.
1841	1841	29 (3) That all cannabis and cannabis products and samples are
1842	1842	30 correctly identified in the statewide monitoring system.
1843	1843	31 (4) If the product test sample is obtained for a retest, the
1844	1844	32 safety compliance facility confirms that it is not accepting a
1845	1845	33 product test sample that is prohibited from being retested.
1846	1846	34 (b) The cannabis permittee shall enter in the statewide
1847	1847	35 monitoring system the cannabis or cannabis product test sample
1848	1848	36 that is collected by a permitted safety compliance facility, including
1849	1849	37 the date and time the cannabis or cannabis product is collected and
1850	1850	38 transferred. The safety compliance facility shall enter into the
1851	1851	39 statewide monitoring system the test results within three (3)
1852	1852	40 business days of test completion.
1853	1853	41 (c) If a testing sample is collected from a cannabis permittee for
1854	1854	42 testing in the statewide monitoring system, that cannabis permittee
1855	1855	2022 IN 1311—LS 7063/DI 106 44
1856	1856	1 shall quarantine the cannabis product that is undergoing the
1857	1857	2 testing from any other cannabis products at the cannabis permittee
1858	1858	3 location. The quarantined cannabis product must not be packaged,
1859	1859	4 transferred, or sold until passing test results are entered into the
1860	1860	5 statewide monitoring system.
1861	1861	6 (d) A safety compliance facility may collect additional sample
1862	1862	7 material from the same permittee from which the original sample
1863	1863	8 was collected for the purposes of completing the required safety
1864	1864	9 tests as long as the requirements of this chapter are met.
1865	1865	10 (e) The commission may publish guidance that shall be followed
1866	1866	11 by cannabis permittees for chain of custody documentation.
1867	1867	12 Sec. 12. A safety compliance facility shall use analytical testing
1868	1868	13 methodologies for the required quality assurance tests under this
1869	1869	14 chapter that are validated. The tests may be monitored on an
1870	1870	15 ongoing basis by the commission. The facility's methodology must
1871	1871	16 follow one (1) of the following:
1872	1872	17 (1) The most current version of the Cannabis Inflorescence:
1873	1873	18 Standards of Identity, Analysis, and Quality Control
1874	1874	19 monograph published by the American Herbal
1875	1875	20 Pharmacopoeia.
1876	1876	21 (2) An alternative testing methodology approved by the
1877	1877	22 commission and validated by an independent third party that
1878	1878	23 the methodology followed by the safety compliance facility
1879	1879	24 produces scientifically accurate results as quality assurance
1880	1880	25 for each test it conducts.
1881	1881	26 Sec. 13. A safety compliance facility shall conduct quality
1882	1882	27 assurance tests that test for all of the following:
1883	1883	28 (1) Moisture content.
1884	1884	29 (2) Potency analysis.
1885	1885	30 (3) Tetrahydrocannabinol level.
1886	1886	31 (4) Tetrahydrocannabinol acid level.
1887	1887	32 (5) Cannabidiol and cannabidiol acid levels.
1888	1888	33 (6) Foreign matter inspection.
1889	1889	34 (7) Microbial and mycotoxin screening.
1890	1890	35 (8) Pesticides.
1891	1891	36 (9) Chemical residue.
1892	1892	37 (10) Fungicides.
1893	1893	38 (11) Insecticides.
1894	1894	39 (12) Metals screening.
1895	1895	40 (13) Residual solvents levels.
1896	1896	41 (14) Terpene analysis.
1897	1897	42 (15) Water activity content.
1898	1898	2022 IN 1311—LS 7063/DI 106 45
1899	1899	1 Sec. 14. The commission, in consultation with the state seed
1900	1900	2 commissioner and the department of agriculture, shall publish a
1901	1901	3 list of approved pesticides for use in the growing and production of
1902	1902	4 cannabis and cannabis products to be sold or transferred in
1903	1903	5 Indiana.
1904	1904	6 Sec. 15. The commission shall take immediate disciplinary
1905	1905	7 action against any safety compliance facility that fails to comply
1906	1906	8 with the provisions of this article or falsifies records related to this
1907	1907	9 article, including any sanctions or fines, or both.
1908	1908	10 Sec. 16. A safety compliance facility is prohibited from doing
1909	1909	11 any of the following:
1910	1910	12 (1) Desiccating samples.
1911	1911	13 (2) Dry labeling samples.
1912	1912	14 (3) Pretesting samples.
1913	1913	15 Sec. 17. A safety compliance facility shall comply with random
1914	1914	16 quality assurance compliance checks upon the request of the
1915	1915	17 commission. The commission or its authorized agents may collect
1916	1916	18 a random sample of cannabis or cannabis product from a safety
1917	1917	19 compliance facility or designate another safety compliance facility
1918	1918	20 to collect a random sample of cannabis product in a secure manner
1919	1919	21 to test that sample for quality assurance compliance pursuant to
1920	1920	22 this rule.
1921	1921	23 Sec. 18. (a) A safety compliance facility may retest cannabis or
1922	1922	24 cannabis products that have failed initial safety testing, except as
1923	1923	25 indicated under subsection (c).
1924	1924	26 (b) A failed cannabis product must pass two (2) separate retests
1925	1925	27 with new samples consecutively to be eligible to proceed to sale or
1926	1926	28 transfer.
1927	1927	29 (c) The commission may publish a remediation protocol that
1928	1928	30 addresses, among other things, the sale or transfer of cannabis
1929	1929	31 product after a failed safety test.
1930	1930	32 (d) The cannabis permittee that provided the sample is
1931	1931	33 responsible for all costs involved in a retest.
1932	1932	34 Sec. 19. (a) As used in this section, "research and development
1933	1933	35 testing" means optional testing performed before final compliance
1934	1934	36 testing.
1935	1935	37 (b) The commission may not take punitive action against a
1936	1936	38 cannabis permittee for conducting research and development
1937	1937	39 testing.
1938	1938	40 (c) The commission may adopt rules or publish guidance for
1939	1939	41 research and development testing.
1940	1940	42 (d) A permittee conducting research and development testing
1941	1941	2022 IN 1311—LS 7063/DI 106 46
1942	1942	1 must enter the testing and any other information required by the
1943	1943	2 commission into the statewide monitoring system.
1944	1944	3 Chapter 19. Violations
1945	1945	4 Sec. 1. If a permit holder violates this article, the permit holder
1946	1946	5 may be publicly reprimanded, assessed a civil penalty, or have the
1947	1947	6 permit revoked or suspended.
1948	1948	7 Sec. 2. (a) The commission may assess a civil penalty for a
1949	1949	8 violation of this article in an amount that does not exceed fifty
1950	1950	9 thousand dollars ($50,000). A civil penalty may be assessed in
1951	1951	10 addition to other penalties allowed under this article.
1952	1952	11 (b) A civil penalty assessed under this section shall be deposited
1953	1953	12 in the cannabis regulation fund established by IC 7.1-8-2-10.
1954	1954	13 Sec. 3. A person who recklessly, knowingly, or intentionally
1955	1955	14 provides cannabis or cannabis products to a person less than
1956	1956	15 twenty-one (21) years of age commits a Class B misdemeanor.
1957	1957	16 However, the offense is:
1958	1958	17 (1) a Class A misdemeanor if the person has a prior unrelated
1959	1959	18 conviction under this section; and
1960	1960	19 (2) a Level 6 felony if the use of the cannabis or cannabis
1961	1961	20 products is the proximate cause of the serious bodily injury or
1962	1962	21 death of any person.
1963	1963	22 Sec. 4. (a) A person who knowingly or intentionally:
1964	1964	23 (1) rents property; or
1965	1965	24 (2) provides or arranges for the use of property;
1966	1966	25 for the purpose of allowing or enabling a person less than
1967	1967	26 twenty-one (21) years of age to use cannabis or cannabis products
1968	1968	27 on the property commits a Class C infraction. However, the
1969	1969	28 violation is a Class B misdemeanor if the person has a prior
1970	1970	29 unrelated adjudication or conviction for a violation of this section
1971	1971	30 within the previous five (5) years.
1972	1972	31 (b) This section may not be construed to impose civil or criminal
1973	1973	32 liability upon any postsecondary educational institution, including
1974	1974	33 public and private universities and colleges, business schools,
1975	1975	34 vocational schools, and schools for continuing education, or its
1976	1976	35 agents for injury to any person or property sustained in
1977	1977	36 consequence of a violation of this section unless the institution or
1978	1978	37 its agent:
1979	1979	38 (1) sells, barters, exchanges, provides, or furnishes cannabis
1980	1980	39 or cannabis products to a minor; or
1981	1981	40 (2) either:
1982	1982	41 (A) rents property; or
1983	1983	42 (B) provides or arranges for the use of property;
1984	1984	2022 IN 1311—LS 7063/DI 106 47
1985	1985	1 for the purpose of allowing or enabling a person less than
1986	1986	2 twenty-one (21) years of age to consume cannabis or cannabis
1987	1987	3 products on the property.
1988	1988	4 Sec. 5. (a) It is a Class C infraction for a person less than
1989	1989	5 twenty-one (21) years of age to enter the premises of a cannabis
1990	1990	6 retailer or other location where cannabis or cannabis products are
1991	1991	7 provided.
1992	1992	8 (b) It is a Class C infraction for a parent, guardian, trustee, or
1993	1993	9 other person having custody of a child less than eighteen (18) years
1994	1994	10 of age to take that child into a cannabis retailer or other location
1995	1995	11 where cannabis or cannabis products are provided.
1996	1996	12 (c) It is a Class C infraction for a permittee to permit the parent,
1997	1997	13 guardian, trustee, or other person having custody of a child less
1998	1998	14 than eighteen (18) years of age to be with the child in a cannabis
1999	1999	15 retailer or other location where cannabis or cannabis products are
2000	2000	16 provided.
2001	2001	17 Sec. 6. A person who knowingly or intentionally employs a
2002	2002	18 person less than twenty-one (21) years of age:
2003	2003	19 (1) where cannabis or cannabis products are provided; and
2004	2004	20 (2) in a capacity which requires or allows the person less than
2005	2005	21 twenty-one (21) years of age to provide or otherwise deal in
2006	2006	22 cannabis or cannabis products;
2007	2007	23 commits a Class B misdemeanor.
2008	2008	24 Sec. 7. A person who is at least twenty-one (21) years of age who
2009	2009	25 knowingly or intentionally aids, induces, or causes a person less
2010	2010	26 than twenty-one (21) years of age to unlawfully possess cannabis or
2011	2011	27 cannabis products commits a Class C infraction.
2012	2012	28 Sec. 8. (a) Notwithstanding any other law, an enforcement
2013	2013	29 officer with police powers may engage a person who is:
2014	2014	30 (1) at least eighteen (18) years of age; and
2015	2015	31 (2) less than twenty-one (21) years of age;
2016	2016	32 to receive or purchase cannabis or cannabis products as part of an
2017	2017	33 enforcement action under this article.
2018	2018	34 (b) The initial or contemporaneous receipt or purchase of
2019	2019	35 cannabis or cannabis products under this section by a person
2020	2020	36 described in subsection (a) must:
2021	2021	37 (1) occur under the direction of an enforcement officer vested
2022	2022	38 with full police powers and duties; and
2023	2023	39 (2) be a part of the enforcement action.
2024	2024	40 Chapter 20. Professional Services
2025	2025	41 Sec. 1. A person licensed under IC 25 does not commit a crime
2026	2026	42 or an infraction under Indiana law solely for providing
2027	2027	2022 IN 1311—LS 7063/DI 106 48
2028	2028	1 professional services to persons permitted to engage in an activity
2029	2029	2 authorized by this article.
2030	2030	3 Chapter 21. Appropriation
2031	2031	4 Sec. 1. There is appropriated to the commission from the state
2032	2032	5 general fund, from monies not otherwise appropriated, a sum
2033	2033	6 sufficient to defray the expenses incurred by the commission in the
2034	2034	7 implementation and administration of this article.
2035	2035	8 SECTION 5. IC 10-10.5-1-3, AS ADDED BY P.L.113-2020,
2036	2036	9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2037	2037	10 JULY 1, 2022]: Sec. 3. "Law enforcement officer" means any of the
2038	2038	11 following:
2039	2039	12 (1) A state police officer, enforcement officer of the alcohol and
2040	2040	13 tobacco commission, enforcement officer of the cannabis
2041	2041	14 commission, or conservation officer.
2042	2042	15 (2) A county, city, or town police officer.
2043	2043	16 (3) A police officer appointed by a state educational institution
2044	2044	17 under IC 21-39-4 or school corporation under IC 20-26-16.
2045	2045	18 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
2046	2046	19 under IC 4-33-20.
2047	2047	20 SECTION 6. IC 10-13-8-5, AS ADDED BY P.L.38-2013,
2048	2048	21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2049	2049	22 JULY 1, 2022]: Sec. 5. As used in this chapter, "law enforcement
2050	2050	23 officer" means any of the following:
2051	2051	24 (1) A state police officer.
2052	2052	25 (2) A county sheriff.
2053	2053	26 (3) A county police officer.
2054	2054	27 (4) A correctional officer.
2055	2055	28 (5) An excise police officer, including an enforcement officer
2056	2056	29 of the cannabis commission.
2057	2057	30 (6) A county police reserve officer.
2058	2058	31 (7) A city police officer.
2059	2059	32 (8) A city police reserve officer.
2060	2060	33 (9) A conservation enforcement officer.
2061	2061	34 (10) A town marshal.
2062	2062	35 (11) A deputy town marshal.
2063	2063	36 (12) A probation officer.
2064	2064	37 (13) A state educational institution police officer appointed under
2065	2065	38 IC 21-39-4.
2066	2066	39 (14) A gaming agent of the Indiana gaming commission.
2067	2067	40 (15) A person employed by a political subdivision (as defined in
2068	2068	41 IC 36-1-2-13) and appointed as a special deputy under
2069	2069	42 IC 36-8-10-10.6.
2070	2070	2022 IN 1311—LS 7063/DI 106 49
2071	2071	1 (16) A school corporation police officer appointed under
2072	2072	2 IC 20-26-16.
2073	2073	3 (17) A police officer of a public or private postsecondary
2074	2074	4 educational institution whose board of trustees has established a
2075	2075	5 police department under IC 21-17-5-2 or IC 21-39-4-2.
2076	2076	6 SECTION 7. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
2077	2077	7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2078	2078	8 JULY 1, 2022]: Sec. 3. As used in this chapter, "drug dealing offense"
2079	2079	9 means one (1) or more of the following offenses:
2080	2080	10 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
2081	2081	11 the person received only minimal consideration as a result of the
2082	2082	12 drug transaction.
2083	2083	13 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
2084	2084	14 person received only minimal consideration as a result of the drug
2085	2085	15 transaction.
2086	2086	16 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
2087	2087	17 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
2088	2088	18 only minimal consideration as a result of the drug transaction.
2089	2089	19 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
2090	2090	20 cannabinoid or possession of mislabeled low THC hemp
2091	2091	21 extract (IC 35-48-4-10) unless the person received only minimal
2092	2092	22 consideration as a result of the drug transaction.
2093	2093	23 SECTION 8. IC 16-31-3-14, AS AMENDED BY P.L.142-2020,
2094	2094	24 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2095	2095	25 JULY 1, 2022]: Sec. 14. (a) A person holding a certificate or license
2096	2096	26 issued under this article must comply with the applicable standards and
2097	2097	27 rules established under this article. A certificate holder or license
2098	2098	28 holder is subject to disciplinary sanctions under subsection (b) if the
2099	2099	29 department of homeland security determines that the certificate holder
2100	2100	30 or license holder:
2101	2101	31 (1) engaged in or knowingly cooperated in fraud or material
2102	2102	32 deception in order to obtain a certificate or license, including
2103	2103	33 cheating on a certification or licensure examination;
2104	2104	34 (2) engaged in fraud or material deception in the course of
2105	2105	35 professional services or activities;
2106	2106	36 (3) advertised services or goods in a false or misleading manner;
2107	2107	37 (4) falsified or knowingly allowed another person to falsify
2108	2108	38 attendance records or certificates of completion of continuing
2109	2109	39 education courses required under this article or rules adopted
2110	2110	40 under this article;
2111	2111	41 (5) is convicted of a crime, if the act that resulted in the
2112	2112	42 conviction has a direct bearing on determining if the certificate
2113	2113	2022 IN 1311—LS 7063/DI 106 50
2114	2114	1 holder or license holder should be entrusted to provide emergency
2115	2115	2 medical services;
2116	2116	3 (6) is convicted of violating IC 9-19-14.5;
2117	2117	4 (7) fails to comply and maintain compliance with or violates any
2118	2118	5 applicable provision, standard, or other requirement of this article
2119	2119	6 or rules adopted under this article;
2120	2120	7 (8) continues to practice if the certificate holder or license holder
2121	2121	8 becomes unfit to practice due to:
2122	2122	9 (A) professional incompetence that includes the undertaking
2123	2123	10 of professional activities that the certificate holder or license
2124	2124	11 holder is not qualified by training or experience to undertake;
2125	2125	12 (B) failure to keep abreast of current professional theory or
2126	2126	13 practice;
2127	2127	14 (C) physical or mental disability; or
2128	2128	15 (D) addiction to, abuse of, or dependency on alcohol or other
2129	2129	16 drugs that endanger the public by impairing the certificate
2130	2130	17 holder's or license holder's ability to practice safely;
2131	2131	18 (9) engages in a course of lewd or immoral conduct in connection
2132	2132	19 with the delivery of services to the public;
2133	2133	20 (10) allows the certificate holder's or license holder's name or a
2134	2134	21 certificate or license issued under this article to be used in
2135	2135	22 connection with a person who renders services beyond the scope
2136	2136	23 of that person's training, experience, or competence;
2137	2137	24 (11) is subjected to disciplinary action in another state or
2138	2138	25 jurisdiction on grounds similar to those contained in this chapter.
2139	2139	26 For purposes of this subdivision, a certified copy of a record of
2140	2140	27 disciplinary action constitutes prima facie evidence of a
2141	2141	28 disciplinary action in another jurisdiction;
2142	2142	29 (12) assists another person in committing an act that would
2143	2143	30 constitute a ground for disciplinary sanction under this chapter;
2144	2144	31 or
2145	2145	32 (13) allows a certificate or license issued by the commission to
2146	2146	33 be:
2147	2147	34 (A) used by another person; or
2148	2148	35 (B) displayed to the public when the certificate or license is
2149	2149	36 expired, inactive, invalid, revoked, or suspended.
2150	2150	37 (b) The department of homeland security may issue an order under
2151	2151	38 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
2152	2152	39 the department of homeland security determines that a certificate
2153	2153	40 holder or license holder is subject to disciplinary sanctions under
2154	2154	41 subsection (a):
2155	2155	42 (1) Revocation of a certificate holder's certificate or license
2156	2156	2022 IN 1311—LS 7063/DI 106 51
2157	2157	1 holder's license for a period not to exceed seven (7) years.
2158	2158	2 (2) Suspension of a certificate holder's certificate or license
2159	2159	3 holder's license for a period not to exceed seven (7) years.
2160	2160	4 (3) Censure of a certificate holder or license holder.
2161	2161	5 (4) Issuance of a letter of reprimand.
2162	2162	6 (5) Assessment of a civil penalty against the certificate holder or
2163	2163	7 license holder in accordance with the following:
2164	2164	8 (A) The civil penalty may not exceed five hundred dollars
2165	2165	9 ($500) per day per violation.
2166	2166	10 (B) If the certificate holder or license holder fails to pay the
2167	2167	11 civil penalty within the time specified by the department of
2168	2168	12 homeland security, the department of homeland security may
2169	2169	13 suspend the certificate holder's certificate or license holder's
2170	2170	14 license without additional proceedings.
2171	2171	15 (6) Placement of a certificate holder or license holder on
2172	2172	16 probation status and requirement of the certificate holder or
2173	2173	17 license holder to:
2174	2174	18 (A) report regularly to the department of homeland security
2175	2175	19 upon the matters that are the basis of probation;
2176	2176	20 (B) limit practice to those areas prescribed by the department
2177	2177	21 of homeland security;
2178	2178	22 (C) continue or renew professional education approved by the
2179	2179	23 department of homeland security until a satisfactory degree of
2180	2180	24 skill has been attained in those areas that are the basis of the
2181	2181	25 probation; or
2182	2182	26 (D) perform or refrain from performing any acts, including
2183	2183	27 community restitution or service without compensation, that
2184	2184	28 the department of homeland security considers appropriate to
2185	2185	29 the public interest or to the rehabilitation or treatment of the
2186	2186	30 certificate holder or license holder.
2187	2187	31 The department of homeland security may withdraw or modify
2188	2188	32 this probation if the department of homeland security finds after
2189	2189	33 a hearing that the deficiency that required disciplinary action is
2190	2190	34 remedied or that changed circumstances warrant a modification
2191	2191	35 of the order.
2192	2192	36 (c) If an applicant or a certificate holder or license holder has
2193	2193	37 engaged in or knowingly cooperated in fraud or material deception to
2194	2194	38 obtain a certificate or license, including cheating on the certification or
2195	2195	39 licensure examination, the department of homeland security may
2196	2196	40 rescind the certificate or license if it has been granted, void the
2197	2197	41 examination or other fraudulent or deceptive material, and prohibit the
2198	2198	42 applicant from reapplying for the certificate or license for a length of
2199	2199	2022 IN 1311—LS 7063/DI 106 52
2200	2200	1 time established by the department of homeland security.
2201	2201	2 (d) The department of homeland security may deny certification or
2202	2202	3 licensure to an applicant who would be subject to disciplinary sanctions
2203	2203	4 under subsection (b) if that person were a certificate holder or license
2204	2204	5 holder, has had disciplinary action taken against the applicant or the
2205	2205	6 applicant's certificate or license to practice in another state or
2206	2206	7 jurisdiction, or has practiced without a certificate or license in violation
2207	2207	8 of the law. A certified copy of the record of disciplinary action is
2208	2208	9 conclusive evidence of the other jurisdiction's disciplinary action.
2209	2209	10 (e) The department of homeland security may order a certificate
2210	2210	11 holder or license holder to submit to a reasonable physical or mental
2211	2211	12 examination if the certificate holder's or license holder's physical or
2212	2212	13 mental capacity to practice safely and competently is at issue in a
2213	2213	14 disciplinary proceeding. Failure to comply with a department of
2214	2214	15 homeland security order to submit to a physical or mental examination
2215	2215	16 makes a certificate holder or license holder liable to temporary
2216	2216	17 suspension under subsection (i).
2217	2217	18 (f) Except as provided under subsection (a), subsection (g), and
2218	2218	19 section 14.5 of this chapter, a certificate or license may not be denied,
2219	2219	20 revoked, or suspended because the applicant, certificate holder, or
2220	2220	21 license holder has been convicted of an offense. The acts from which
2221	2221	22 the applicant's, certificate holder's, or license holder's conviction
2222	2222	23 resulted may be considered as to whether the applicant or certificate
2223	2223	24 holder or license holder should be entrusted to serve the public in a
2224	2224	25 specific capacity.
2225	2225	26 (g) The department of homeland security may deny, suspend, or
2226	2226	27 revoke a certificate or license issued under this article if the individual
2227	2227	28 who holds or is applying for the certificate or license is convicted of
2228	2228	29 any of the following:
2229	2229	30 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2230	2230	31 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2231	2231	32 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2232	2232	33 (4) Fraudulently obtaining a controlled substance under
2233	2233	34 IC 35-48-4-7(c).
2234	2234	35 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2235	2235	36 committed before July 1, 2014) or Level 6 felony (for a crime
2236	2236	37 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2237	2237	38 (6) Dealing in paraphernalia as a Class D felony (for a crime
2238	2238	39 committed before July 1, 2014) or Level 6 felony (for a crime
2239	2239	40 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2240	2240	41 (7) Possession of paraphernalia as a Class D felony (for a crime
2241	2241	42 committed before July 1, 2014) or Level 6 felony (for a crime
2242	2242	2022 IN 1311—LS 7063/DI 106 53
2243	2243	1 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2244	2244	2 its amendment on July 1, 2015).
2245	2245	3 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2246	2246	4 D felony (for a crime committed before July 1, 2014) or Level 6
2247	2247	5 felony (for a crime committed after June 30, 2014) under
2248	2248	6 IC 35-48-4-11.
2249	2249	7 (9) A felony offense under IC 35-48-4 involving:
2250	2250	8 (A) possession of a synthetic drug (as defined in
2251	2251	9 IC 35-31.5-2-321);
2252	2252	10 (B) possession of a synthetic drug lookalike substance (as
2253	2253	11 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2254	2254	12 2019)) as a:
2255	2255	13 (i) Class D felony (for a crime committed before July 1,
2256	2256	14 2014); or
2257	2257	15 (ii) Level 6 felony (for a crime committed after June 30,
2258	2258	16 2014);
2259	2259	17 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
2260	2260	18 (C) possession of a controlled substance analog (as defined in
2261	2261	19 IC 35-48-1-9.3).
2262	2262	20 (10) Maintaining a common nuisance under IC 35-48-4-13
2263	2263	21 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2264	2264	22 controlled substance.
2265	2265	23 (11) An offense relating to registration, labeling, and prescription
2266	2266	24 forms under IC 35-48-4-14.
2267	2267	25 (h) A decision of the department of homeland security under
2268	2268	26 subsections (b) through (g) may be appealed to the commission under
2269	2269	27 IC 4-21.5-3-7.
2270	2270	28 (i) The department of homeland security may temporarily suspend
2271	2271	29 a certificate holder's certificate or license holder's license under
2272	2272	30 IC 4-21.5-4 before a final adjudication or during the appeals process if
2273	2273	31 the department of homeland security finds that a certificate holder or
2274	2274	32 license holder would represent a clear and immediate danger to the
2275	2275	33 public's health, safety, or property if the certificate holder or license
2276	2276	34 holder were allowed to continue to practice.
2277	2277	35 (j) On receipt of a complaint or information alleging that a person
2278	2278	36 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
2279	2279	37 or is engaging in a practice that is subject to disciplinary sanctions
2280	2280	38 under this chapter, the department of homeland security must initiate
2281	2281	39 an investigation against the person.
2282	2282	40 (k) The department of homeland security shall conduct a factfinding
2283	2283	41 investigation as the department of homeland security considers proper
2284	2284	42 in relation to the complaint.
2285	2285	2022 IN 1311—LS 7063/DI 106 54
2286	2286	1 (l) The department of homeland security may reinstate a certificate
2287	2287	2 or license that has been suspended under this section if the department
2288	2288	3 of homeland security is satisfied that the applicant is able to practice
2289	2289	4 with reasonable skill, competency, and safety to the public. As a
2290	2290	5 condition of reinstatement, the department of homeland security may
2291	2291	6 impose disciplinary or corrective measures authorized under this
2292	2292	7 chapter.
2293	2293	8 (m) The department of homeland security may not reinstate a
2294	2294	9 certificate or license that has been revoked under this chapter.
2295	2295	10 (n) The department of homeland security must be consistent in the
2296	2296	11 application of sanctions authorized in this chapter. Significant
2297	2297	12 departures from prior decisions involving similar conduct must be
2298	2298	13 explained in the department of homeland security's findings or orders.
2299	2299	14 (o) A certificate holder may not surrender the certificate holder's
2300	2300	15 certificate, and a license holder may not surrender the license holder's
2301	2301	16 license, without the written approval of the department of homeland
2302	2302	17 security, and the department of homeland security may impose any
2303	2303	18 conditions appropriate to the surrender or reinstatement of a
2304	2304	19 surrendered certificate or license.
2305	2305	20 (p) For purposes of this section, "certificate holder" means a person
2306	2306	21 who holds:
2307	2307	22 (1) an unlimited certificate;
2308	2308	23 (2) a limited or probationary certificate; or
2309	2309	24 (3) an inactive certificate.
2310	2310	25 (q) For purposes of this section, "license holder" means a person
2311	2311	26 who holds:
2312	2312	27 (1) an unlimited license;
2313	2313	28 (2) a limited or probationary license; or
2314	2314	29 (3) an inactive license.
2315	2315	30 SECTION 9. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
2316	2316	31 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2317	2317	32 JULY 1, 2022]: Sec. 14.5. The department of homeland security may
2318	2318	33 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
2319	2319	34 certification or licensure or permanently revoke a certificate or license
2320	2320	35 under procedures provided by section 14 of this chapter if the
2321	2321	36 individual who holds the certificate or license issued under this title is
2322	2322	37 convicted of any of the following:
2323	2323	38 (1) Dealing in a controlled substance resulting in death under
2324	2324	39 IC 35-42-1-1.5.
2325	2325	40 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2326	2326	41 IC 35-48-4-1.
2327	2327	42 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2328	2328	2022 IN 1311—LS 7063/DI 106 55
2329	2329	1 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2330	2330	2 (5) Dealing in a schedule I, II, or III controlled substance under
2331	2331	3 IC 35-48-4-2.
2332	2332	4 (6) Dealing in a schedule IV controlled substance under
2333	2333	5 IC 35-48-4-3.
2334	2334	6 (7) Dealing in a schedule V controlled substance under
2335	2335	7 IC 35-48-4-4.
2336	2336	8 (8) Dealing in a substance represented to be a controlled
2337	2337	9 substance under IC 35-48-4-4.5 (repealed).
2338	2338	10 (9) Knowingly or intentionally manufacturing, advertising,
2339	2339	11 distributing, or possessing with intent to manufacture, advertise,
2340	2340	12 or distribute a substance represented to be a controlled substance
2341	2341	13 under IC 35-48-4-4.6.
2342	2342	14 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2343	2343	15 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2344	2344	16 mislabeled low THC hemp extract as a felony under
2345	2345	17 IC 35-48-4-10.
2346	2346	18 (12) An offense under IC 35-48-4 involving the manufacture or
2347	2347	19 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2348	2348	20 synthetic drug lookalike substance (as defined in
2349	2349	21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2350	2350	22 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2351	2351	23 substance analog (as defined in IC 35-48-1-9.3), or a substance
2352	2352	24 represented to be a controlled substance (as described in
2353	2353	25 IC 35-48-4-4.6).
2354	2354	26 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
2355	2355	27 SECTION 10. IC 16-42-27-2, AS AMENDED BY P.L.80-2019,
2356	2356	28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2357	2357	29 JULY 1, 2022]: Sec. 2. (a) A prescriber may, directly or by standing
2358	2358	30 order, prescribe or dispense an overdose intervention drug without
2359	2359	31 examining the individual to whom it may be administered if all of the
2360	2360	32 following conditions are met:
2361	2361	33 (1) The overdose intervention drug is dispensed or prescribed to:
2362	2362	34 (A) a person at risk of experiencing an opioid-related
2363	2363	35 overdose; or
2364	2364	36 (B) a family member, a friend, or any other individual or entity
2365	2365	37 in a position to assist an individual who, there is reason to
2366	2366	38 believe, is at risk of experiencing an opioid-related overdose.
2367	2367	39 (2) The prescriber instructs the individual receiving the overdose
2368	2368	40 intervention drug or prescription to summon emergency services
2369	2369	41 either immediately before or immediately after administering the
2370	2370	42 overdose intervention drug to an individual experiencing an
2371	2371	2022 IN 1311—LS 7063/DI 106 56
2372	2372	1 opioid-related overdose.
2373	2373	2 (3) The prescriber provides education and training on drug
2374	2374	3 overdose response and treatment, including the administration of
2375	2375	4 an overdose intervention drug.
2376	2376	5 (4) The prescriber provides drug addiction treatment information
2377	2377	6 and referrals to drug treatment programs, including programs in
2378	2378	7 the local area and programs that offer medication assisted
2379	2379	8 treatment that includes a federal Food and Drug Administration
2380	2380	9 approved long acting, nonaddictive medication for the treatment
2381	2381	10 of opioid or alcohol dependence.
2382	2382	11 (b) A prescriber may provide a prescription of an overdose
2383	2383	12 intervention drug to an individual as a part of the individual's addiction
2384	2384	13 treatment plan.
2385	2385	14 (c) An individual described in subsection (a)(1) may administer an
2386	2386	15 overdose intervention drug to an individual who is suffering from an
2387	2387	16 overdose.
2388	2388	17 (d) An individual described in subsection (a)(1) may not be
2389	2389	18 considered to be practicing medicine without a license in violation of
2390	2390	19 IC 25-22.5-8-2, if the individual, acting in good faith, does the
2391	2391	20 following:
2392	2392	21 (1) Obtains the overdose intervention drug from a prescriber or
2393	2393	22 entity acting under a standing order issued by a prescriber.
2394	2394	23 (2) Administers the overdose intervention drug to an individual
2395	2395	24 who is experiencing an apparent opioid-related overdose.
2396	2396	25 (3) Attempts to summon emergency services either immediately
2397	2397	26 before or immediately after administering the overdose
2398	2398	27 intervention drug.
2399	2399	28 (e) An entity acting under a standing order issued by a prescriber
2400	2400	29 must do the following:
2401	2401	30 (1) Annually register with either the:
2402	2402	31 (A) state department; or
2403	2403	32 (B) local health department in the county where services will
2404	2404	33 be provided by the entity;
2405	2405	34 in a manner prescribed by the state department.
2406	2406	35 (2) Provide education and training on drug overdose response and
2407	2407	36 treatment, including the administration of an overdose
2408	2408	37 intervention drug.
2409	2409	38 (3) Provide drug addiction treatment information and referrals to
2410	2410	39 drug treatment programs, including programs in the local area and
2411	2411	40 programs that offer medication assisted treatment that includes a
2412	2412	41 federal Food and Drug Administration approved long acting,
2413	2413	42 nonaddictive medication for the treatment of opioid or alcohol
2414	2414	2022 IN 1311—LS 7063/DI 106 57
2415	2415	1 dependence.
2416	2416	2 (4) Submit an annual report to the state department containing:
2417	2417	3 (A) the number of sales of the overdose intervention drug
2418	2418	4 dispensed;
2419	2419	5 (B) the dates of sale of the overdose intervention drug
2420	2420	6 dispensed; and
2421	2421	7 (C) any additional information requested by the state
2422	2422	8 department.
2423	2423	9 (f) The state department shall ensure that a statewide standing order
2424	2424	10 for the dispensing of an overdose intervention drug in Indiana is issued
2425	2425	11 under this section. The state health commissioner or a designated
2426	2426	12 public health authority who is a licensed prescriber may, as part of the
2427	2427	13 individual's official capacity, issue a statewide standing order that may
2428	2428	14 be used for the dispensing of an overdose intervention drug under this
2429	2429	15 section. The immunity provided in IC 34-13-3-3 applies to an
2430	2430	16 individual described in this subsection.
2431	2431	17 (g) A law enforcement officer may not take an individual into
2432	2432	18 custody based solely on the commission of an offense described in
2433	2433	19 subsection (h), if the law enforcement officer, after making a
2434	2434	20 reasonable determination and considering the facts and surrounding
2435	2435	21 circumstances, reasonably believes that the individual:
2436	2436	22 (1) obtained the overdose intervention drug as described in
2437	2437	23 subsection (a)(1);
2438	2438	24 (2) complied with the provisions in subsection (d);
2439	2439	25 (3) administered an overdose intervention drug to an individual
2440	2440	26 who appeared to be experiencing an opioid-related overdose;
2441	2441	27 (4) provided:
2442	2442	28 (A) the individual's full name; and
2443	2443	29 (B) any other relevant information requested by the law
2444	2444	30 enforcement officer;
2445	2445	31 (5) remained at the scene with the individual who reasonably
2446	2446	32 appeared to be in need of medical assistance until emergency
2447	2447	33 medical assistance arrived;
2448	2448	34 (6) cooperated with emergency medical assistance personnel and
2449	2449	35 law enforcement officers at the scene; and
2450	2450	36 (7) came into contact with law enforcement because the
2451	2451	37 individual requested emergency medical assistance for another
2452	2452	38 individual who appeared to be experiencing an opioid-related
2453	2453	39 overdose.
2454	2454	40 (h) An individual who meets the criteria in subsection (g) is immune
2455	2455	41 from criminal prosecution for the following:
2456	2456	42 (1) IC 35-48-4-6 (possession of cocaine).
2457	2457	2022 IN 1311—LS 7063/DI 106 58
2458	2458	1 (2) IC 35-48-4-6.1 (possession of methamphetamine).
2459	2459	2 (3) IC 35-48-4-7 (possession of a controlled substance).
2460	2460	3 (4) IC 35-48-4-8.3 (possession of paraphernalia).
2461	2461	4 (5) IC 35-48-4-11 (possession of marijuana salvia).
2462	2462	5 (6) An offense under IC 35-48-4 involving possession of a
2463	2463	6 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2464	2464	7 controlled substance analog (as defined in IC 35-48-1-9.3), or
2465	2465	8 possession of a substance represented to be a controlled substance
2466	2466	9 (as described in IC 35-48-4-4.6).
2467	2467	10 SECTION 11. IC 20-28-5-8, AS AMENDED BY P.L.174-2021,
2468	2468	11 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2469	2469	12 JULY 1, 2022]: Sec. 8. (a) This section applies when a prosecuting
2470	2470	13 attorney knows that a licensed employee of a public school or a
2471	2471	14 nonpublic school has been convicted of an offense listed in subsection
2472	2472	15 (c). The prosecuting attorney shall immediately give written notice of
2473	2473	16 the conviction to the following:
2474	2474	17 (1) The secretary of education.
2475	2475	18 (2) Except as provided in subdivision (3), the superintendent of
2476	2476	19 the school corporation that employs the licensed employee or the
2477	2477	20 equivalent authority if a nonpublic school employs the licensed
2478	2478	21 employee.
2479	2479	22 (3) The presiding officer of the governing body of the school
2480	2480	23 corporation that employs the licensed employee, if the convicted
2481	2481	24 licensed employee is the superintendent of the school corporation.
2482	2482	25 (b) The superintendent of a school corporation, presiding officer of
2483	2483	26 the governing body, or equivalent authority for a nonpublic school shall
2484	2484	27 immediately notify the secretary of education when the individual
2485	2485	28 knows that a current or former licensed employee of the public school
2486	2486	29 or nonpublic school has been convicted of an offense listed in
2487	2487	30 subsection (c), or when the governing body or equivalent authority for
2488	2488	31 a nonpublic school takes any final action in relation to an employee
2489	2489	32 who engaged in any offense listed in subsection (c).
2490	2490	33 (c) Except as provided in section 8.5 of this chapter, the department
2491	2491	34 shall permanently revoke the license of a person who is known by the
2492	2492	35 department to have been convicted of any of the following felonies:
2493	2493	36 (1) Kidnapping (IC 35-42-3-2).
2494	2494	37 (2) Criminal confinement (IC 35-42-3-3).
2495	2495	38 (3) Rape (IC 35-42-4-1).
2496	2496	39 (4) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
2497	2497	40 (5) Child molesting (IC 35-42-4-3).
2498	2498	41 (6) An offense under IC 35-42-4-4(b) or IC 35-42-4-4(c).
2499	2499	42 (7) Vicarious sexual gratification (IC 35-42-4-5).
2500	2500	2022 IN 1311—LS 7063/DI 106 59
2501	2501	1 (8) Child solicitation (IC 35-42-4-6).
2502	2502	2 (9) Child seduction (IC 35-42-4-7).
2503	2503	3 (10) Sexual misconduct with a minor (IC 35-42-4-9).
2504	2504	4 (11) Incest (IC 35-46-1-3).
2505	2505	5 (12) Dealing in or manufacturing cocaine or a narcotic drug (IC
2506	2506	6 35-48-4-1).
2507	2507	7 (13) Dealing in methamphetamine (IC 35-48-4-1.1).
2508	2508	8 (14) Manufacturing methamphetamine (IC 35-48-4-1.2).
2509	2509	9 (15) Dealing in a schedule I, II, or III controlled substance (IC
2510	2510	10 35-48-4-2).
2511	2511	11 (16) Dealing in a schedule IV controlled substance (IC
2512	2512	12 35-48-4-3).
2513	2513	13 (17) Dealing in a schedule V controlled substance (IC 35-48-4-4).
2514	2514	14 (18) Dealing in a counterfeit substance (IC 35-48-4-5).
2515	2515	15 (19) Dealing in marijuana, hash oil, hashish, or salvia or
2516	2516	16 mislabeled low THC hemp extract as a felony (IC 35-48-4-10).
2517	2517	17 (20) An offense under IC 35-48-4 involving the manufacture or
2518	2518	18 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2519	2519	19 synthetic drug lookalike substance (as defined in
2520	2520	20 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2521	2521	21 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2522	2522	22 substance analog (as defined in IC 35-48-1-9.3), or a substance
2523	2523	23 represented to be a controlled substance (as described in
2524	2524	24 IC 35-48-4-4.6).
2525	2525	25 (21) Possession of child pornography (IC 35-42-4-4(d) or
2526	2526	26 IC 35-42-4-4(e)).
2527	2527	27 (22) Homicide (IC 35-42-1).
2528	2528	28 (23) Voluntary manslaughter (IC 35-42-1-3).
2529	2529	29 (24) Reckless homicide (IC 35-42-1-5).
2530	2530	30 (25) Battery as any of the following:
2531	2531	31 (A) A Class A felony (for a crime committed before July 1,
2532	2532	32 2014) or a Level 2 felony (for a crime committed after June
2533	2533	33 30, 2014).
2534	2534	34 (B) A Class B felony (for a crime committed before July 1,
2535	2535	35 2014) or a Level 3 felony (for a crime committed after June
2536	2536	36 30, 2014).
2537	2537	37 (C) A Class C felony (for a crime committed before July 1,
2538	2538	38 2014) or a Level 5 felony (for a crime committed after June
2539	2539	39 30, 2014).
2540	2540	40 (26) Aggravated battery (IC 35-42-2-1.5).
2541	2541	41 (27) Robbery (IC 35-42-5-1).
2542	2542	42 (28) Carjacking (IC 35-42-5-2) (before its repeal).
2543	2543	2022 IN 1311—LS 7063/DI 106 60
2544	2544	1 (29) Arson as a Class A felony or Class B felony (for a crime
2545	2545	2 committed before July 1, 2014) or as a Level 2, Level 3, or Level
2546	2546	3 4 felony (for a crime committed after June 30, 2014) (IC
2547	2547	4 35-43-1-1(a)).
2548	2548	5 (30) Burglary as a Class A felony or Class B felony (for a crime
2549	2549	6 committed before July 1, 2014) or as a Level 1, Level 2, Level 3,
2550	2550	7 or Level 4 felony (for a crime committed after June 30, 2014) (IC
2551	2551	8 35-43-2-1).
2552	2552	9 (31) Human trafficking (IC 35-42-3.5).
2553	2553	10 (32) Dealing in a controlled substance resulting in death (IC
2554	2554	11 35-42-1-1.5).
2555	2555	12 (33) Attempt under IC 35-41-5-1 to commit an offense listed in
2556	2556	13 this subsection.
2557	2557	14 (34) Conspiracy under IC 35-41-5-2 to commit an offense listed
2558	2558	15 in this subsection.
2559	2559	16 (d) The department shall permanently revoke the license of a person
2560	2560	17 who is known by the department to have been convicted of a federal
2561	2561	18 offense or an offense in another state that is comparable to a felony
2562	2562	19 listed in subsection (c).
2563	2563	20 (e) A license may be suspended by the secretary of education as
2564	2564	21 specified in IC 20-28-7.5.
2565	2565	22 (f) The department shall develop a data base of information on
2566	2566	23 school corporation employees who have been reported to the
2567	2567	24 department under this section.
2568	2568	25 (g) Upon receipt of information from the office of judicial
2569	2569	26 administration in accordance with IC 33-24-6-3 concerning persons
2570	2570	27 convicted of an offense listed in subsection (c), the department shall:
2571	2571	28 (1) cross check the information received from the office of
2572	2572	29 judicial administration with information concerning licensed
2573	2573	30 teachers (as defined in IC 20-18-2-22(b)) maintained by the
2574	2574	31 department; and
2575	2575	32 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
2576	2576	33 convicted of an offense described in subsection (c), revoke the
2577	2577	34 licensed teacher's license.
2578	2578	35 SECTION 12. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
2579	2579	36 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2580	2580	37 JULY 1, 2022]: Sec. 16. (a) A practitioner shall comply with the
2581	2581	38 standards established under this licensing program. A practitioner is
2582	2582	39 subject to the exercise of the disciplinary sanctions under subsection
2583	2583	40 (b) if the department finds that a practitioner has:
2584	2584	41 (1) engaged in or knowingly cooperated in fraud or material
2585	2585	42 deception in order to obtain a license to practice, including
2586	2586	2022 IN 1311—LS 7063/DI 106 61
2587	2587	1 cheating on a licensing examination;
2588	2588	2 (2) engaged in fraud or material deception in the course of
2589	2589	3 professional services or activities;
2590	2590	4 (3) advertised services or goods in a false or misleading manner;
2591	2591	5 (4) falsified or knowingly allowed another person to falsify
2592	2592	6 attendance records or certificates of completion of continuing
2593	2593	7 education courses provided under this chapter;
2594	2594	8 (5) been convicted of a crime that has a direct bearing on the
2595	2595	9 practitioner's ability to continue to practice competently;
2596	2596	10 (6) knowingly violated a state statute or rule or federal statute or
2597	2597	11 regulation regulating the profession for which the practitioner is
2598	2598	12 licensed;
2599	2599	13 (7) continued to practice although the practitioner has become
2600	2600	14 unfit to practice due to:
2601	2601	15 (A) professional incompetence;
2602	2602	16 (B) failure to keep abreast of current professional theory or
2603	2603	17 practice;
2604	2604	18 (C) physical or mental disability; or
2605	2605	19 (D) addiction to, abuse of, or severe dependency on alcohol or
2606	2606	20 other drugs that endanger the public by impairing a
2607	2607	21 practitioner's ability to practice safely;
2608	2608	22 (8) engaged in a course of lewd or immoral conduct in connection
2609	2609	23 with the delivery of services to the public;
2610	2610	24 (9) allowed the practitioner's name or a license issued under this
2611	2611	25 chapter to be used in connection with an individual or business
2612	2612	26 who renders services beyond the scope of that individual's or
2613	2613	27 business's training, experience, or competence;
2614	2614	28 (10) had disciplinary action taken against the practitioner or the
2615	2615	29 practitioner's license to practice in another state or jurisdiction on
2616	2616	30 grounds similar to those under this chapter;
2617	2617	31 (11) assisted another person in committing an act that would
2618	2618	32 constitute a ground for disciplinary sanction under this chapter;
2619	2619	33 or
2620	2620	34 (12) allowed a license issued by the department to be:
2621	2621	35 (A) used by another person; or
2622	2622	36 (B) displayed to the public when the license has expired, is
2623	2623	37 inactive, is invalid, or has been revoked or suspended.
2624	2624	38 For purposes of subdivision (10), a certified copy of a record of
2625	2625	39 disciplinary action constitutes prima facie evidence of a disciplinary
2626	2626	40 action in another jurisdiction.
2627	2627	41 (b) The department may impose one (1) or more of the following
2628	2628	42 sanctions if the department finds that a practitioner is subject to
2629	2629	2022 IN 1311—LS 7063/DI 106 62
2630	2630	1 disciplinary sanctions under subsection (a):
2631	2631	2 (1) Permanent revocation of a practitioner's license.
2632	2632	3 (2) Suspension of a practitioner's license.
2633	2633	4 (3) Censure of a practitioner.
2634	2634	5 (4) Issuance of a letter of reprimand.
2635	2635	6 (5) Assessment of a civil penalty against the practitioner in
2636	2636	7 accordance with the following:
2637	2637	8 (A) The civil penalty may not be more than one thousand
2638	2638	9 dollars ($1,000) for each violation listed in subsection (a),
2639	2639	10 except for a finding of incompetency due to a physical or
2640	2640	11 mental disability.
2641	2641	12 (B) When imposing a civil penalty, the department shall
2642	2642	13 consider a practitioner's ability to pay the amount assessed. If
2643	2643	14 the practitioner fails to pay the civil penalty within the time
2644	2644	15 specified by the department, the department may suspend the
2645	2645	16 practitioner's license without additional proceedings. However,
2646	2646	17 a suspension may not be imposed if the sole basis for the
2647	2647	18 suspension is the practitioner's inability to pay a civil penalty.
2648	2648	19 (6) Placement of a practitioner on probation status and
2649	2649	20 requirement of the practitioner to:
2650	2650	21 (A) report regularly to the department upon the matters that
2651	2651	22 are the basis of probation;
2652	2652	23 (B) limit practice to those areas prescribed by the department;
2653	2653	24 (C) continue or renew professional education approved by the
2654	2654	25 department until a satisfactory degree of skill has been attained
2655	2655	26 in those areas that are the basis of the probation; or
2656	2656	27 (D) perform or refrain from performing any acts, including
2657	2657	28 community restitution or service without compensation, that
2658	2658	29 the department considers appropriate to the public interest or
2659	2659	30 to the rehabilitation or treatment of the practitioner.
2660	2660	31 The department may withdraw or modify this probation if the
2661	2661	32 department finds after a hearing that the deficiency that required
2662	2662	33 disciplinary action has been remedied or that changed
2663	2663	34 circumstances warrant a modification of the order.
2664	2664	35 (c) If an applicant or a practitioner has engaged in or knowingly
2665	2665	36 cooperated in fraud or material deception to obtain a license to
2666	2666	37 practice, including cheating on the licensing examination, the
2667	2667	38 department may rescind the license if it has been granted, void the
2668	2668	39 examination or other fraudulent or deceptive material, and prohibit the
2669	2669	40 applicant from reapplying for the license for a length of time
2670	2670	41 established by the department.
2671	2671	42 (d) The department may deny licensure to an applicant who has had
2672	2672	2022 IN 1311—LS 7063/DI 106 63
2673	2673	1 disciplinary action taken against the applicant or the applicant's license
2674	2674	2 to practice in another state or jurisdiction or who has practiced without
2675	2675	3 a license in violation of the law. A certified copy of the record of
2676	2676	4 disciplinary action is conclusive evidence of the other jurisdiction's
2677	2677	5 disciplinary action.
2678	2678	6 (e) The department may order a practitioner to submit to a
2679	2679	7 reasonable physical or mental examination if the practitioner's physical
2680	2680	8 or mental capacity to practice safely and competently is at issue in a
2681	2681	9 disciplinary proceeding. Failure to comply with a department order to
2682	2682	10 submit to a physical or mental examination makes a practitioner liable
2683	2683	11 to temporary suspension under subsection (j).
2684	2684	12 (f) Except as provided under subsection (g) or (h), a license may not
2685	2685	13 be denied, revoked, or suspended because the applicant or holder has
2686	2686	14 been convicted of an offense. The acts from which the applicant's or
2687	2687	15 holder's conviction resulted may, however, be considered as to whether
2688	2688	16 the applicant or holder should be entrusted to serve the public in a
2689	2689	17 specific capacity.
2690	2690	18 (g) The department may deny, suspend, or revoke a license issued
2691	2691	19 under this chapter if the individual who holds the license is convicted
2692	2692	20 of any of the following:
2693	2693	21 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2694	2694	22 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2695	2695	23 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2696	2696	24 (4) Fraudulently obtaining a controlled substance under
2697	2697	25 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
2698	2698	26 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
2699	2699	27 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2700	2700	28 committed before July 1, 2014) or a Level 6 felony (for a crime
2701	2701	29 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2702	2702	30 (6) Dealing in paraphernalia as a Class D felony (for a crime
2703	2703	31 committed before July 1, 2014) or a Level 6 felony (for a crime
2704	2704	32 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2705	2705	33 (7) Possession of paraphernalia as a Class D felony (for a crime
2706	2706	34 committed before July 1, 2014) or a Level 6 felony (for a crime
2707	2707	35 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2708	2708	36 its amendment on July 1, 2015).
2709	2709	37 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2710	2710	38 D felony (for a crime committed before July 1, 2014) or a Level
2711	2711	39 6 felony (for a crime committed after June 30, 2014) under
2712	2712	40 IC 35-48-4-11.
2713	2713	41 (9) A felony offense under IC 35-48-4 involving possession of a
2714	2714	42 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2715	2715	2022 IN 1311—LS 7063/DI 106 64
2716	2716	1 controlled substance analog (as defined in IC 35-48-1-9.3), or
2717	2717	2 possession of a synthetic drug lookalike substance (as defined in
2718	2718	3 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
2719	2719	4 (A) Class D felony for a crime committed before July 1, 2014;
2720	2720	5 or
2721	2721	6 (B) Level 6 felony for a crime committed after June 30, 2014;
2722	2722	7 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
2723	2723	8 (10) Maintaining a common nuisance under IC 35-48-4-13
2724	2724	9 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2725	2725	10 controlled substance.
2726	2726	11 (11) An offense relating to registration, labeling, and prescription
2727	2727	12 forms under IC 35-48-4-14.
2728	2728	13 (h) The department shall deny, revoke, or suspend a license issued
2729	2729	14 under this chapter if the individual who holds the license is convicted
2730	2730	15 of any of the following:
2731	2731	16 (1) Dealing in a controlled substance resulting in death under
2732	2732	17 IC 35-42-1-1.5.
2733	2733	18 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
2734	2734	19 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2735	2735	20 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2736	2736	21 (5) Dealing in a schedule I, II, or III controlled substance under
2737	2737	22 IC 35-48-4-2.
2738	2738	23 (6) Dealing in a schedule IV controlled substance under
2739	2739	24 IC 35-48-4-3.
2740	2740	25 (7) Dealing in a schedule V controlled substance under
2741	2741	26 IC 35-48-4-4.
2742	2742	27 (8) Dealing in a substance represented to be a controlled
2743	2743	28 substance under IC 35-48-4-4.5 (repealed).
2744	2744	29 (9) Knowingly or intentionally manufacturing, advertising,
2745	2745	30 distributing, or possessing with intent to manufacture, advertise,
2746	2746	31 or distribute a substance represented to be a controlled substance
2747	2747	32 under IC 35-48-4-4.6.
2748	2748	33 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2749	2749	34 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2750	2750	35 mislabeled low THC hemp extract as a felony under
2751	2751	36 IC 35-48-4-10.
2752	2752	37 (12) An offense under IC 35-48-4 involving the manufacture or
2753	2753	38 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2754	2754	39 synthetic drug lookalike substance (as defined in
2755	2755	40 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2756	2756	41 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2757	2757	42 substance analog (as defined in IC 35-48-1-9.3), or a substance
2758	2758	2022 IN 1311—LS 7063/DI 106 65
2759	2759	1 represented to be a controlled substance (as described in
2760	2760	2 IC 35-48-4-4.6).
2761	2761	3 (13) A violation of any federal or state drug law or rule related to
2762	2762	4 wholesale legend drug distributors licensed under IC 25-26-14.
2763	2763	5 (i) A decision of the department under subsections (b) through (h)
2764	2764	6 may be appealed to the commission under IC 4-21.5-3-7.
2765	2765	7 (j) The department may temporarily suspend a practitioner's license
2766	2766	8 under IC 4-21.5-4 before a final adjudication or during the appeals
2767	2767	9 process if the department finds that a practitioner represents a clear and
2768	2768	10 immediate danger to the public's health, safety, or property if the
2769	2769	11 practitioner is allowed to continue to practice.
2770	2770	12 (k) On receipt of a complaint or an information alleging that a
2771	2771	13 person licensed under this chapter has engaged in or is engaging in a
2772	2772	14 practice that jeopardizes the public health, safety, or welfare, the
2773	2773	15 department shall initiate an investigation against the person.
2774	2774	16 (l) Any complaint filed with the office of the attorney general
2775	2775	17 alleging a violation of this licensing program shall be referred to the
2776	2776	18 department for summary review and for its general information and any
2777	2777	19 authorized action at the time of the filing.
2778	2778	20 (m) The department shall conduct a fact finding investigation as the
2779	2779	21 department considers proper in relation to the complaint.
2780	2780	22 (n) The department may reinstate a license that has been suspended
2781	2781	23 under this section if, after a hearing, the department is satisfied that the
2782	2782	24 applicant is able to practice with reasonable skill, safety, and
2783	2783	25 competency to the public. As a condition of reinstatement, the
2784	2784	26 department may impose disciplinary or corrective measures authorized
2785	2785	27 under this chapter.
2786	2786	28 (o) The department may not reinstate a license that has been
2787	2787	29 revoked under this chapter. An individual whose license has been
2788	2788	30 revoked under this chapter may not apply for a new license until seven
2789	2789	31 (7) years after the date of revocation.
2790	2790	32 (p) The department shall seek to achieve consistency in the
2791	2791	33 application of sanctions authorized in this chapter. Significant
2792	2792	34 departures from prior decisions involving similar conduct must be
2793	2793	35 explained in the department's findings or orders.
2794	2794	36 (q) A practitioner may petition the department to accept the
2795	2795	37 surrender of the practitioner's license instead of having a hearing before
2796	2796	38 the commission. The practitioner may not surrender the practitioner's
2797	2797	39 license without the written approval of the department, and the
2798	2798	40 department may impose any conditions appropriate to the surrender or
2799	2799	41 reinstatement of a surrendered license.
2800	2800	42 (r) A practitioner who has been subjected to disciplinary sanctions
2801	2801	2022 IN 1311—LS 7063/DI 106 66
2802	2802	1 may be required by the commission to pay the costs of the proceeding.
2803	2803	2 The practitioner's ability to pay shall be considered when costs are
2804	2804	3 assessed. If the practitioner fails to pay the costs, a suspension may not
2805	2805	4 be imposed solely upon the practitioner's inability to pay the amount
2806	2806	5 assessed. The costs are limited to costs for the following:
2807	2807	6 (1) Court reporters.
2808	2808	7 (2) Transcripts.
2809	2809	8 (3) Certification of documents.
2810	2810	9 (4) Photo duplication.
2811	2811	10 (5) Witness attendance and mileage fees.
2812	2812	11 (6) Postage.
2813	2813	12 (7) Expert witnesses.
2814	2814	13 (8) Depositions.
2815	2815	14 (9) Notarizations.
2816	2816	15 SECTION 13. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
2817	2817	16 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2818	2818	17 JULY 1, 2022]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
2819	2819	18 commission, or a committee may suspend, deny, or revoke a license or
2820	2820	19 certificate issued under this title by the board, the commission, or the
2821	2821	20 committee without an investigation by the office of the attorney general
2822	2822	21 if the individual who holds the license or certificate is convicted of any
2823	2823	22 of the following and the board, commission, or committee determines,
2824	2824	23 after the individual has appeared in person, that the offense affects the
2825	2825	24 individual's ability to perform the duties of the profession:
2826	2826	25 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2827	2827	26 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2828	2828	27 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2829	2829	28 (4) Fraudulently obtaining a controlled substance under
2830	2830	29 IC 35-48-4-7(c).
2831	2831	30 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2832	2832	31 committed before July 1, 2014) or a Level 6 felony (for a crime
2833	2833	32 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2834	2834	33 (6) Dealing in paraphernalia as a Class D felony (for a crime
2835	2835	34 committed before July 1, 2014) or a Level 6 felony (for a crime
2836	2836	35 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2837	2837	36 (7) Possession of paraphernalia as a Class D felony (for a crime
2838	2838	37 committed before July 1, 2014) or a Level 6 felony (for a crime
2839	2839	38 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2840	2840	39 its amendment on July 1, 2015).
2841	2841	40 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2842	2842	41 D felony (for a crime committed before July 1, 2014) or a Level
2843	2843	42 6 felony (for a crime committed after June 30, 2014) under
2844	2844	2022 IN 1311—LS 7063/DI 106 67
2845	2845	1 IC 35-48-4-11.
2846	2846	2 (9) A felony offense under IC 35-48-4 involving possession of a
2847	2847	3 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2848	2848	4 controlled substance analog (as defined in IC 35-48-1-9.3), or
2849	2849	5 possession of a synthetic drug lookalike substance (as defined in
2850	2850	6 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
2851	2851	7 (A) Class D felony for a crime committed before July 1, 2014;
2852	2852	8 or
2853	2853	9 (B) Level 6 felony for a crime committed after June 30, 2014;
2854	2854	10 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
2855	2855	11 (10) Maintaining a common nuisance under IC 35-48-4-13
2856	2856	12 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2857	2857	13 controlled substance.
2858	2858	14 (11) An offense relating to registration, labeling, and prescription
2859	2859	15 forms under IC 35-48-4-14.
2860	2860	16 (12) A sex crime under IC 35-42-4.
2861	2861	17 (13) A felony that reflects adversely on the individual's fitness to
2862	2862	18 hold a professional license.
2863	2863	19 SECTION 14. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
2864	2864	20 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2865	2865	21 JULY 1, 2022]: Sec. 3. A board, a commission, or a committee shall
2866	2866	22 revoke or suspend a license or certificate issued under this title by the
2867	2867	23 board, the commission, or the committee if the individual who holds
2868	2868	24 the license or certificate is convicted of any of the following:
2869	2869	25 (1) Dealing in a controlled substance resulting in death under
2870	2870	26 IC 35-42-1-1.5.
2871	2871	27 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2872	2872	28 IC 35-48-4-1.
2873	2873	29 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2874	2874	30 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2875	2875	31 (5) Dealing in a schedule I, II, or III controlled substance under
2876	2876	32 IC 35-48-4-2.
2877	2877	33 (6) Dealing in a schedule IV controlled substance under
2878	2878	34 IC 35-48-4-3.
2879	2879	35 (7) Dealing in a schedule V controlled substance under
2880	2880	36 IC 35-48-4-4.
2881	2881	37 (8) Dealing in a substance represented to be a controlled
2882	2882	38 substance under IC 35-48-4-4.5 (before its repeal on July 1,
2883	2883	39 2019).
2884	2884	40 (9) Knowingly or intentionally manufacturing, advertising,
2885	2885	41 distributing, or possessing with intent to manufacture, advertise,
2886	2886	42 or distribute a substance represented to be a controlled substance
2887	2887	2022 IN 1311—LS 7063/DI 106 68
2888	2888	1 under IC 35-48-4-4.6.
2889	2889	2 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2890	2890	3 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2891	2891	4 mislabeled low THC hemp extract as a felony under
2892	2892	5 IC 35-48-4-10.
2893	2893	6 (12) An offense under IC 35-48-4 involving the manufacture or
2894	2894	7 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2895	2895	8 synthetic drug lookalike substance (as defined in
2896	2896	9 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2897	2897	10 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2898	2898	11 substance analog (as defined in IC 35-48-1-9.3), or a substance
2899	2899	12 represented to be a controlled substance (as described in
2900	2900	13 IC 35-48-4-4.6).
2901	2901	14 (13) A violation of any federal or state drug law or rule related to
2902	2902	15 wholesale legend drug distributors licensed under IC 25-26-14.
2903	2903	16 SECTION 15. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
2904	2904	17 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2905	2905	18 JULY 1, 2022]: Sec. 1. (a) The following may be seized:
2906	2906	19 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
2907	2907	20 or are intended for use by the person or persons in possession of
2908	2908	21 them to transport or in any manner to facilitate the transportation
2909	2909	22 of the following:
2910	2910	23 (A) A controlled substance for the purpose of committing,
2911	2911	24 attempting to commit, or conspiring to commit any of the
2912	2912	25 following:
2913	2913	26 (i) Dealing in or manufacturing cocaine or a narcotic drug
2914	2914	27 (IC 35-48-4-1).
2915	2915	28 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
2916	2916	29 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
2917	2917	30 (iv) Dealing in a schedule I, II, or III controlled substance
2918	2918	31 (IC 35-48-4-2).
2919	2919	32 (v) Dealing in a schedule IV controlled substance (IC
2920	2920	33 35-48-4-3).
2921	2921	34 (vi) Dealing in a schedule V controlled substance (IC
2922	2922	35 35-48-4-4).
2923	2923	36 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
2924	2924	37 (viii) Possession of cocaine or a narcotic drug (IC
2925	2925	38 35-48-4-6).
2926	2926	39 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
2927	2927	40 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
2928	2928	41 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
2929	2929	42 mislabeled low THC hemp extract (IC 35-48-4-10).
2930	2930	2022 IN 1311—LS 7063/DI 106 69
2931	2931	1 (xii) An offense under IC 35-48-4 involving a synthetic drug
2932	2932	2 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
2933	2933	3 substance (as defined in IC 35-31.5-2-321.5 (before its
2934	2934	4 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
2935	2935	5 repeal on July 1, 2019), a controlled substance analog (as
2936	2936	6 defined in IC 35-48-1-9.3), or a substance represented to be
2937	2937	7 a controlled substance (as described in IC 35-48-4-4.6).
2938	2938	8 (xiii) A violation of IC 7.1-8.
2939	2939	9 (B) Any stolen (IC 35-43-4-2) or converted property (IC
2940	2940	10 35-43-4-3) if the retail or repurchase value of that property is
2941	2941	11 one hundred dollars ($100) or more.
2942	2942	12 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
2943	2943	13 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
2944	2944	14 mass destruction (as defined in IC 35-31.5-2-354) used to
2945	2945	15 commit, used in an attempt to commit, or used in a conspiracy
2946	2946	16 to commit a felony terrorist offense (as defined in
2947	2947	17 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
2948	2948	18 furtherance of an act of terrorism (as defined by
2949	2949	19 IC 35-31.5-2-329).
2950	2950	20 (2) All money, negotiable instruments, securities, weapons,
2951	2951	21 communications devices, or any property used to commit, used in
2952	2952	22 an attempt to commit, or used in a conspiracy to commit a felony
2953	2953	23 terrorist offense (as defined in IC 35-50-2-18) or an offense under
2954	2954	24 IC 35-47 as part of or in furtherance of an act of terrorism or
2955	2955	25 commonly used as consideration for a violation of IC 35-48-4
2956	2956	26 (other than items subject to forfeiture under IC 16-42-20-5 or
2957	2957	27 IC 16-6-8.5-5.1, before its repeal):
2958	2958	28 (A) furnished or intended to be furnished by any person in
2959	2959	29 exchange for an act that is in violation of a criminal statute;
2960	2960	30 (B) used to facilitate any violation of a criminal statute; or
2961	2961	31 (C) traceable as proceeds of the violation of a criminal statute.
2962	2962	32 (3) Any portion of real or personal property purchased with
2963	2963	33 money that is traceable as a proceed of a violation of a criminal
2964	2964	34 statute.
2965	2965	35 (4) A vehicle that is used by a person to:
2966	2966	36 (A) commit, attempt to commit, or conspire to commit;
2967	2967	37 (B) facilitate the commission of; or
2968	2968	38 (C) escape from the commission of;
2969	2969	39 murder (IC 35-42-1-1), dealing in a controlled substance resulting
2970	2970	40 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
2971	2971	41 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
2972	2972	42 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
2973	2973	2022 IN 1311—LS 7063/DI 106 70
2974	2974	1 under IC 35-47 as part of or in furtherance of an act of terrorism.
2975	2975	2 (5) Real property owned by a person who uses it to commit any of
2976	2976	3 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
2977	2977	4 felony:
2978	2978	5 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
2979	2979	6 35-48-4-1).
2980	2980	7 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
2981	2981	8 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
2982	2982	9 (D) Dealing in a schedule I, II, or III controlled substance (IC
2983	2983	10 35-48-4-2).
2984	2984	11 (E) Dealing in a schedule IV controlled substance (IC
2985	2985	12 35-48-4-3).
2986	2986	13 (F) Dealing in marijuana, hash oil, hashish, or salvia or
2987	2987	14 mislabeled low THC hemp extract (IC 35-48-4-10).
2988	2988	15 (G) Dealing in a synthetic drug (as defined in
2989	2989	16 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
2990	2990	17 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2991	2991	18 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
2992	2992	19 2019).
2993	2993	20 (H) Dealing in a controlled substance resulting in death (IC
2994	2994	21 35-42-1-1.5).
2995	2995	22 (6) Equipment and recordings used by a person to commit fraud
2996	2996	23 under IC 35-43-5.
2997	2997	24 (7) Recordings sold, rented, transported, or possessed by a person
2998	2998	25 in violation of IC 24-4-10.
2999	2999	26 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
3000	3000	27 defined by IC 35-45-6-1) that is the object of a corrupt business
3001	3001	28 influence violation (IC 35-45-6-2).
3002	3002	29 (9) Unlawful telecommunications devices (as defined in
3003	3003	30 IC 35-45-13-6) and plans, instructions, or publications used to
3004	3004	31 commit an offense under IC 35-45-13.
3005	3005	32 (10) Any equipment, including computer equipment and cellular
3006	3006	33 telephones, used for or intended for use in preparing,
3007	3007	34 photographing, recording, videotaping, digitizing, printing,
3008	3008	35 copying, or disseminating matter in violation of IC 35-42-4.
3009	3009	36 (11) Destructive devices used, possessed, transported, or sold in
3010	3010	37 violation of IC 35-47.5.
3011	3011	38 (12) Tobacco products that are sold in violation of IC 24-3-5,
3012	3012	39 tobacco products that a person attempts to sell in violation of
3013	3013	40 IC 24-3-5, and other personal property owned and used by a
3014	3014	41 person to facilitate a violation of IC 24-3-5.
3015	3015	42 (13) Property used by a person to commit counterfeiting or
3016	3016	2022 IN 1311—LS 7063/DI 106 71
3017	3017	1 forgery in violation of IC 35-43-5-2.
3018	3018	2 (14) After December 31, 2005, if a person is convicted of an
3019	3019	3 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
3020	3020	4 following real or personal property:
3021	3021	5 (A) Property used or intended to be used to commit, facilitate,
3022	3022	6 or promote the commission of the offense.
3023	3023	7 (B) Property constituting, derived from, or traceable to the
3024	3024	8 gross proceeds that the person obtained directly or indirectly
3025	3025	9 as a result of the offense.
3026	3026	10 (15) Except as provided in subsection (e), a vehicle used by a
3027	3027	11 person who operates the vehicle:
3028	3028	12 (A) while intoxicated, in violation of IC 9-30-5-1 through
3029	3029	13 IC 9-30-5-5, if in the previous five (5) years the person has two
3030	3030	14 (2) or more prior unrelated convictions for operating a motor
3031	3031	15 vehicle while intoxicated in violation of IC 9-30-5-1 through
3032	3032	16 IC 9-30-5-5; or
3033	3033	17 (B) on a highway while the person's driving privileges are
3034	3034	18 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
3035	3035	19 if in the previous five (5) years the person has two (2) or more
3036	3036	20 prior unrelated convictions for operating a vehicle while
3037	3037	21 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
3038	3038	22 If a court orders the seizure of a vehicle under this subdivision,
3039	3039	23 the court shall transmit an order to the bureau of motor vehicles
3040	3040	24 recommending that the bureau not permit a vehicle to be
3041	3041	25 registered in the name of the person whose vehicle was seized
3042	3042	26 until the person possesses a current driving license (as defined in
3043	3043	27 IC 9-13-2-41).
3044	3044	28 (16) Cannabis and cannabis products grown, processed, sold,
3045	3045	29 or offered for sale in violation of IC 7.1-8.
3046	3046	30 (16) (17) The following real or personal property:
3047	3047	31 (A) Property used or intended to be used to commit, facilitate,
3048	3048	32 or promote the commission of an offense specified in
3049	3049	33 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
3050	3050	34 IC 30-2-13-38(f).
3051	3051	35 (B) Property constituting, derived from, or traceable to the
3052	3052	36 gross proceeds that a person obtains directly or indirectly as a
3053	3053	37 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
3054	3054	38 IC 30-2-10-9(b), or IC 30-2-13-38(f).
3055	3055	39 (17) (18) Real or personal property, including a vehicle, that is
3056	3056	40 used by a person to:
3057	3057	41 (A) commit, attempt to commit, or conspire to commit;
3058	3058	42 (B) facilitate the commission of; or
3059	3059	2022 IN 1311—LS 7063/DI 106 72
3060	3060	1 (C) escape from the commission of;
3061	3061	2 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
3062	3062	3 trafficking) or IC 35-45-4-4 (promoting prostitution).
3063	3063	4 (b) A vehicle used by any person as a common or contract carrier in
3064	3064	5 the transaction of business as a common or contract carrier is not
3065	3065	6 subject to seizure under this section, unless it can be proven by a
3066	3066	7 preponderance of the evidence that the owner of the vehicle knowingly
3067	3067	8 permitted the vehicle to be used to engage in conduct that subjects it to
3068	3068	9 seizure under subsection (a).
3069	3069	10 (c) Equipment under subsection (a)(10) may not be seized unless it
3070	3070	11 can be proven by a preponderance of the evidence that the owner of the
3071	3071	12 equipment knowingly permitted the equipment to be used to engage in
3072	3072	13 conduct that subjects it to seizure under subsection (a)(10).
3073	3073	14 (d) Money, negotiable instruments, securities, weapons,
3074	3074	15 communications devices, or any property commonly used as
3075	3075	16 consideration for a violation of IC 35-48-4 found near or on a person
3076	3076	17 who is committing, attempting to commit, or conspiring to commit any
3077	3077	18 of the following offenses shall be admitted into evidence in an action
3078	3078	19 under this chapter as prima facie evidence that the money, negotiable
3079	3079	20 instrument, security, or other thing of value is property that has been
3080	3080	21 used or was to have been used to facilitate the violation of a criminal
3081	3081	22 statute or is the proceeds of the violation of a criminal statute:
3082	3082	23 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
3083	3083	24 death).
3084	3084	25 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
3085	3085	26 narcotic drug).
3086	3086	27 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
3087	3087	28 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
3088	3088	29 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
3089	3089	30 substance).
3090	3090	31 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
3091	3091	32 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
3092	3092	33 as a Level 4 felony.
3093	3093	34 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
3094	3094	35 Level 3, Level 4, or Level 5 felony.
3095	3095	36 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
3096	3096	37 3, Level 4, or Level 5 felony.
3097	3097	38 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
3098	3098	39 salvia or mislabeled low THC hemp extract) as a Level 5
3099	3099	40 felony.
3100	3100	41 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
3101	3101	42 in a synthetic drug or synthetic drug lookalike substance) as a
3102	3102	2022 IN 1311—LS 7063/DI 106 73
3103	3103	1 Level 5 felony or Level 6 felony (or as a Class C felony or Class
3104	3104	2 D felony under IC 35-48-4-10 before its amendment in 2013).
3105	3105	3 (e) A vehicle operated by a person who is not:
3106	3106	4 (1) an owner of the vehicle; or
3107	3107	5 (2) the spouse of the person who owns the vehicle;
3108	3108	6 is not subject to seizure under subsection (a)(15) unless it can be
3109	3109	7 proven by a preponderance of the evidence that the owner of the
3110	3110	8 vehicle knowingly permitted the vehicle to be used to engage in
3111	3111	9 conduct that subjects it to seizure under subsection (a)(15).
3112	3112	10 SECTION 16. IC 34-30-2-23.5 IS ADDED TO THE INDIANA
3113	3113	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
3114	3114	12 [EFFECTIVE JULY 1, 2022]: Sec. 23.5. IC 7.1-8-7-16 (Concerning
3115	3115	13 acts and omissions of the members of the cannabis commission and
3116	3116	14 their officers and employees).
3117	3117	15 SECTION 17. IC 35-31.5-2-185, AS AMENDED BY P.L.58-2020,
3118	3118	16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3119	3119	17 JULY 1, 2022]: Sec. 185. (a) "Law enforcement officer" means:
3120	3120	18 (1) a police officer (including a correctional police officer),
3121	3121	19 sheriff, constable, marshal, prosecuting attorney, special
3122	3122	20 prosecuting attorney, special deputy prosecuting attorney, the
3123	3123	21 securities commissioner, or the inspector general;
3124	3124	22 (2) a deputy of any of those persons;
3125	3125	23 (3) an investigator for a prosecuting attorney or for the inspector
3126	3126	24 general;
3127	3127	25 (4) a conservation officer;
3128	3128	26 (5) an enforcement officer of the alcohol and tobacco commission
3129	3129	27 or of the cannabis commission;
3130	3130	28 (6) an enforcement officer of the securities division of the office
3131	3131	29 of the secretary of state; or
3132	3132	30 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
3133	3133	31 control officer employed by the gaming control division under
3134	3134	32 IC 4-33-20.
3135	3135	33 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
3136	3136	34 includes an alcoholic beverage enforcement officer, as set forth in
3137	3137	35 IC 35-42-2-1.
3138	3138	36 (c) "Law enforcement officer", for purposes of IC 35-45-15,
3139	3139	37 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
3140	3140	38 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
3141	3141	39 IC 35-44.1-3-2, includes a school resource officer (as defined in
3142	3142	40 IC 20-26-18.2-1) and a school corporation police officer appointed
3143	3143	41 under IC 20-26-16.
3144	3144	42 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
3145	3145	2022 IN 1311—LS 7063/DI 106 74
3146	3146	1 meaning set forth in IC 35-40.5-1-1.
3147	3147	2 SECTION 18. IC 35-45-6-1, AS AMENDED BY P.L.80-2019,
3148	3148	3 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3149	3149	4 JULY 1, 2022]: Sec. 1. (a) The definitions in this section apply
3150	3150	5 throughout this chapter.
3151	3151	6 (b) "Documentary material" means any document, drawing,
3152	3152	7 photograph, recording, or other tangible item containing compiled data
3153	3153	8 from which information can be either obtained or translated into a
3154	3154	9 usable form.
3155	3155	10 (c) "Enterprise" means:
3156	3156	11 (1) a sole proprietorship, corporation, limited liability company,
3157	3157	12 partnership, business trust, or governmental entity; or
3158	3158	13 (2) a union, an association, or a group, whether a legal entity or
3159	3159	14 merely associated in fact.
3160	3160	15 (d) "Pattern of racketeering activity" means engaging in at least two
3161	3161	16 (2) incidents of racketeering activity that have the same or similar
3162	3162	17 intent, result, accomplice, victim, or method of commission, or that are
3163	3163	18 otherwise interrelated by distinguishing characteristics that are not
3164	3164	19 isolated incidents. However, the incidents are a pattern of racketeering
3165	3165	20 activity only if at least one (1) of the incidents occurred after August
3166	3166	21 31, 1980, and if the last of the incidents occurred within five (5) years
3167	3167	22 after a prior incident of racketeering activity.
3168	3168	23 (e) "Racketeering activity" means to commit, to attempt to commit,
3169	3169	24 to conspire to commit a violation of, or aiding and abetting in a
3170	3170	25 violation of any of the following:
3171	3171	26 (1) A provision of IC 23-19, or of a rule or order issued under
3172	3172	27 IC 23-19.
3173	3173	28 (2) A violation of IC 35-45-9.
3174	3174	29 (3) A violation of IC 35-47.
3175	3175	30 (4) A violation of IC 35-49-3.
3176	3176	31 (5) Murder (IC 35-42-1-1).
3177	3177	32 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
3178	3178	33 felony after June 30, 2014 (IC 35-42-2-1).
3179	3179	34 (7) Kidnapping (IC 35-42-3-2).
3180	3180	35 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
3181	3181	36 (9) Child exploitation (IC 35-42-4-4).
3182	3182	37 (10) Robbery (IC 35-42-5-1).
3183	3183	38 (11) Carjacking (IC 35-42-5-2) (before its repeal).
3184	3184	39 (12) Arson (IC 35-43-1-1).
3185	3185	40 (13) Burglary (IC 35-43-2-1).
3186	3186	41 (14) Theft (IC 35-43-4-2).
3187	3187	42 (15) Receiving stolen property (IC 35-43-4-2) (before its
3188	3188	2022 IN 1311—LS 7063/DI 106 75
3189	3189	1 amendment on July 1, 2018).
3190	3190	2 (16) Forgery (IC 35-43-5-2).
3191	3191	3 (17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(10)).
3192	3192	4 (18) Bribery (IC 35-44.1-1-2).
3193	3193	5 (19) Official misconduct (IC 35-44.1-1-1).
3194	3194	6 (20) Conflict of interest (IC 35-44.1-1-4).
3195	3195	7 (21) Perjury (IC 35-44.1-2-1).
3196	3196	8 (22) Obstruction of justice (IC 35-44.1-2-2).
3197	3197	9 (23) Intimidation (IC 35-45-2-1).
3198	3198	10 (24) Promoting prostitution (IC 35-45-4-4).
3199	3199	11 (25) Professional gambling (IC 35-45-5-3).
3200	3200	12 (26) Maintaining a professional gambling site (IC
3201	3201	13 35-45-5-3.5(b)).
3202	3202	14 (27) Promoting professional gambling (IC 35-45-5-4).
3203	3203	15 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
3204	3204	16 35-48-4-1).
3205	3205	17 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
3206	3206	18 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
3207	3207	19 (31) Dealing in a schedule I, II, or III controlled substance (IC
3208	3208	20 35-48-4-2).
3209	3209	21 (32) Dealing in a schedule IV controlled substance (IC
3210	3210	22 35-48-4-3).
3211	3211	23 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
3212	3212	24 (34) Dealing in marijuana, hash oil, hashish, or salvia or
3213	3213	25 mislabeled low THC hemp extract (IC 35-48-4-10).
3214	3214	26 (35) Money laundering (IC 35-45-15-5).
3215	3215	27 (36) A violation of IC 35-47.5-5.
3216	3216	28 (37) A violation of any of the following:
3217	3217	29 (A) IC 23-14-48-9.
3218	3218	30 (B) IC 30-2-9-7(b).
3219	3219	31 (C) IC 30-2-10-9(b).
3220	3220	32 (D) IC 30-2-13-38(f).
3221	3221	33 (38) Practice of law by a person who is not an attorney (IC
3222	3222	34 33-43-2-1).
3223	3223	35 (39) An offense listed in IC 35-48-4 involving the manufacture or
3224	3224	36 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
3225	3225	37 synthetic drug lookalike substance (as defined in
3226	3226	38 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3227	3227	39 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
3228	3228	40 substance analog (as defined in IC 35-48-1-9.3), or a substance
3229	3229	41 represented to be a controlled substance (as described in
3230	3230	42 IC 35-48-4-4.6).
3231	3231	2022 IN 1311—LS 7063/DI 106 76
3232	3232	1 (40) Dealing in a controlled substance resulting in death (IC
3233	3233	2 35-42-1-1.5).
3234	3234	3 SECTION 19. IC 35-48-2-4, AS AMENDED BY P.L.10-2021,
3235	3235	4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3236	3236	5 JULY 1, 2022]: Sec. 4. (a) The controlled substances listed in this
3237	3237	6 section are included in schedule I.
3238	3238	7 (b) Opiates. Any of the following opiates, including their isomers,
3239	3239	8 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
3240	3240	9 specifically excepted by rule of the board or unless listed in another
3241	3241	10 schedule, whenever the existence of these isomers, esters, ethers, and
3242	3242	11 salts is possible within the specific chemical designation:
3243	3243	12 4-fluoroisobutyryl fentanyl
3244	3244	13 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
3245	3245	14 piperidinyl]-N-phenylacetamide) (9815)
3246	3246	15 Acetyl fentanyl (Other names include:
3247	3247	16 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
3248	3248	17 Acetylmethadol (9601)
3249	3249	18 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
3250	3250	19 N-phenylacrylamide
3251	3251	20 Allylprodine (9602)
3252	3252	21 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
3253	3253	22 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
3254	3254	23 Alphacetylmethadol (9603)
3255	3255	24 Alphameprodine (9604)
3256	3256	25 Alphamethadol (9605)
3257	3257	26 Alphamethylfentanyl (9814)
3258	3258	27 Benzethidine (9606)
3259	3259	28 Beta-hydroxy-3-methylfentanyl (9831). Other name:
3260	3260	29 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
3261	3261	30 ]-N-phenylpropanamide
3262	3262	31 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
3263	3263	32 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
3264	3264	33 Betacetylmethadol (9607)
3265	3265	34 Betameprodine (9608)
3266	3266	35 Betamethadol (9609)
3267	3267	36 Betaprodine (9611)
3268	3268	37 Clonitazene (9612)
3269	3269	38 Cyclopentyl fentanyl. Other name:
3270	3270	39 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
3271	3271	40 Dextromoramide (9613)
3272	3272	41 Diampromide (9615)
3273	3273	42 Diethylthiambutene (9616)
3274	3274	2022 IN 1311—LS 7063/DI 106 77
3275	3275	1 Difenoxin (9168)
3276	3276	2 Dimenoxadol (9617)
3277	3277	3 Dimepheptanol (9618)
3278	3278	4 Dimethylthiambutene (9619)
3279	3279	5 Dioxaphetyl butyrate (9621)
3280	3280	6 Dipipanone (9622)
3281	3281	7 Ethylmethylthiambutene (9623)
3282	3282	8 Etonitazene (9624)
3283	3283	9 Etoxeridine (9625)
3284	3284	10 Fentanyl related substances.
3285	3285	11 Furanyl fentanyl.
3286	3286	12 Furethidine (9626)
3287	3287	13 Hydroxypethidine (9627)
3288	3288	14 Isobutyryl fentanyl. Other name:
3289	3289	15 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
3290	3290	16 Isotonitazene. Other name: N,N-diethyl-2-
3291	3291	17 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
3292	3292	18 1-yl)ethan-1-amine)
3293	3293	19 Ketobemidone (9628)
3294	3294	20 Levomoramide (9629)
3295	3295	21 Levophenacylmorphan (9631)
3296	3296	22 Methoxyacetyl fentanyl. Other name:
3297	3297	23 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
3298	3298	24 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
3299	3299	25 piperidyl]-N-phenyl-propanimide](9813)
3300	3300	26 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
3301	3301	27 piperidinyl]-N-phenylpropanamide) (9833)
3302	3302	28 MDMB-4en-PINACA
3303	3303	29 4F-MDMB-BICA; 4-fluoro MDMB-BICA; 4F-MDMB-BUTICA;
3304	3304	30 Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
3305	3305	31 3-dimethyl-butanoate
3306	3306	32 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
3307	3307	33 Morpheridine (9632)
3308	3308	34 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
3309	3309	35 including any isomers, salts, or salts of isomers (9818)
3310	3310	36 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
3311	3311	37 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
3312	3312	38 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
3313	3313	39 (beta-hydroxythiofentanyl)
3314	3314	40 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
3315	3315	41 (para-chloroisobutyryl fentanyl)
3316	3316	42 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3317	3317	2022 IN 1311—LS 7063/DI 106 78
3318	3318	1 acetamide (ocfentanil)
3319	3319	2 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
3320	3320	3 (para-fluorobutyryl fentanyl)
3321	3321	4 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
3322	3322	5 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
3323	3323	6 fentanyl)
3324	3324	7 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
3325	3325	8 fentanyl)
3326	3326	9 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
3327	3327	10 (para-methoxybutyryl fentanyl)
3328	3328	11 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
3329	3329	12 (thenylfentanyl), including any isomers, salts, or salts of isomers
3330	3330	13 (9834)
3331	3331	14 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
3332	3332	15 fentanyl)
3333	3333	16 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
3334	3334	17 (cyclopentyl fentanyl)
3335	3335	18 Noracymethadol (9633)
3336	3336	19 Norlevorphanol (9634)
3337	3337	20 Normethadone (9635)
3338	3338	21 Norpipanone (9636)
3339	3339	22 Ocfentanil. Other name:
3340	3340	23 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3341	3341	24 acetamide
3342	3342	25 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
3343	3343	26 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
3344	3344	27 Para-chloroisobutyryl fentanyl. Other name:
3345	3345	28 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
3346	3346	29 Para-fluorobutyryl fentanyl. Other name:
3347	3347	30 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3348	3348	31 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
3349	3349	32 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
3350	3350	33 Para-methoxybutyryl fentanyl. Other name:
3351	3351	34 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3352	3352	35 Phenadoxone (9637)
3353	3353	36 Phenampromide (9638)
3354	3354	37 Phenomorphan (9647)
3355	3355	38 Phenoperidine (9641)
3356	3356	39 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
3357	3357	40 Piritramide (9642)
3358	3358	41 Proheptazine (9643)
3359	3359	42 Properidine (9644)
3360	3360	2022 IN 1311—LS 7063/DI 106 79
3361	3361	1 Propiram (9649)
3362	3362	2 Racemoramide (9645)
3363	3363	3 Tetrahydrofuranyl fentanyl. Other name:
3364	3364	4 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
3365	3365	5 oxamide
3366	3366	6 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
3367	3367	7 piperidinyl]-propanamide) (9835)
3368	3368	8 Tilidine (9750)
3369	3369	9 Trimeperidine (9646)
3370	3370	10 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
3371	3371	11 N-methyl- benzamide)
3372	3372	12 Valeryl fentanyl. Other name:
3373	3373	13 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
3374	3374	14 (c) Opium derivatives. Any of the following opium derivatives, their
3375	3375	15 salts, isomers, and salts of isomers, unless specifically excepted by rule
3376	3376	16 of the board or unless listed in another schedule, whenever the
3377	3377	17 existence of these salts, isomers, and salts of isomers is possible within
3378	3378	18 the specific chemical designation:
3379	3379	19 Acetorphine (9319)
3380	3380	20 Acetyldihydrocodeine (9051)
3381	3381	21 Benzylmorphine (9052)
3382	3382	22 Codeine methylbromide (9070)
3383	3383	23 Codeine-N-Oxide (9053)
3384	3384	24 Cyprenorphine (9054)
3385	3385	25 Desomorphine (9055)
3386	3386	26 Dihydromorphine (9145)
3387	3387	27 Drotebanol (9335)
3388	3388	28 Etorphine (except hydrochloride salt) (9056)
3389	3389	29 Heroin (9200)
3390	3390	30 Hydromorphinol (9301)
3391	3391	31 Methyldesorphine (9302)
3392	3392	32 Methyldihydromorphine (9304)
3393	3393	33 Morphine methylbromide (9305)
3394	3394	34 Morphine methylsulfonate (9306)
3395	3395	35 Morphine-N-Oxide (9307)
3396	3396	36 Myrophine (9308)
3397	3397	37 Nicocodeine (9309)
3398	3398	38 Nicomorphine (9312)
3399	3399	39 Normorphine (9313)
3400	3400	40 Pholcodine (9314)
3401	3401	41 Thebacon (9315)
3402	3402	42 (d) Hallucinogenic substances. Unless specifically excepted or
3403	3403	2022 IN 1311—LS 7063/DI 106 80
3404	3404	1 unless listed in another schedule, any material, compound, mixture, or
3405	3405	2 preparation which contains any quantity of the following
3406	3406	3 hallucinogenic, psychedelic, or psychogenic substances, their salts,
3407	3407	4 isomers, and salts of isomers whenever the existence of these salts,
3408	3408	5 isomers, and salts of isomers is possible within the specific chemical
3409	3409	6 designation (for purposes of this subsection only, the term "isomer"
3410	3410	7 includes the optical, position, and geometric isomers):
3411	3411	8 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
3412	3412	9 TCPy.
3413	3413	10 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
3414	3414	11 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
3415	3415	12 4-Bromo-2, 5-DMA.
3416	3416	13 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
3417	3417	14 or other names:
3418	3418	15 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
3419	3419	16 alpha-desmethyl DOB; 2C-B, Nexus.
3420	3420	17 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
3421	3421	18 DOET.
3422	3422	19 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
3423	3423	20 Other name: 2C-T-7.
3424	3424	21 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
3425	3425	22 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
3426	3426	23 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
3427	3427	24 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
3428	3428	25 PMA.
3429	3429	26 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
3430	3430	27 Name: MMDA.
3431	3431	28 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
3432	3432	29 isomers, salts, or salts of isomers (7439). Other name:
3433	3433	30 5-MeO-DIPT.
3434	3434	31 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
3435	3435	32 and other names: 4-methyl-2,
3436	3436	33 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
3437	3437	34 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
3438	3438	35 MDA.
3439	3439	36 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
3440	3440	37 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
3441	3441	38 phenethylamine; N-ethyl MDA; MDE; and MDEA.
3442	3442	39 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
3443	3443	40 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
3444	3444	41 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
3445	3445	42 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
3446	3446	2022 IN 1311—LS 7063/DI 106 81
3447	3447	1 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
3448	3448	2 (16) Alpha-methyltryptamine (7432). Other name: AMT.
3449	3449	3 (17) Bufotenine (7433). Some trade and other names:
3450	3450	4 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
3451	3451	5 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
3452	3452	6 5-hydroxy-N, N-dimethyltryptamine; mappine.
3453	3453	7 (18) Diethyltryptamine (7434). Some trade or other names: N,
3454	3454	8 N-Diethyltryptamine; DET.
3455	3455	9 (19) Dimethyltryptamine (7435). Some trade or other names:
3456	3456	10 DMT.
3457	3457	11 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
3458	3458	12 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
3459	3459	13 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
3460	3460	14 (21) Lysergic acid diethylamide (7315). Other name: LSD.
3461	3461	15 (22) Marijuana (7360).
3462	3462	16 (23) (22) Mescaline (7381).
3463	3463	17 (24) (23) Parahexyl (7374). Some trade or other names:
3464	3464	18 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
3465	3465	19 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
3466	3466	20 (25) (24) Peyote (7415), including:
3467	3467	21 (A) all parts of the plant that are classified botanically as
3468	3468	22 lophophora williamsii lemaire, whether growing or not;
3469	3469	23 (B) the seeds thereof;
3470	3470	24 (C) any extract from any part of the plant; and
3471	3471	25 (D) every compound, manufacture, salt, derivative, mixture, or
3472	3472	26 preparation of the plant, its seeds, or extracts.
3473	3473	27 (26) (25) N-ethyl-3-piperidyl benzilate (7482). Other name:
3474	3474	28 DMZ.
3475	3475	29 (27) (26) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
3476	3476	30 Other names: N-hydroxy-alpha-methyl-3,4
3477	3477	31 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
3478	3478	32 (28) (27) N-methyl-3-piperidyl benzilate (7484). Other name:
3479	3479	33 LBJ.
3480	3480	34 (29) (28) Psilocybin (7437).
3481	3481	35 (30) (29) Psilocyn (7438).
3482	3482	36 (31) (30) Tetrahydrocannabinols (7370), including synthetic
3483	3483	37 equivalents of the substances contained in the plant, or in the
3484	3484	38 resinous extractives of Cannabis, sp. and synthetic substances,
3485	3485	39 derivatives, and their isomers with similar chemical structure and
3486	3486	40 pharmacological activity such as:
3487	3487	41 (A) ð
3488	3488	1
3489	3489	cis or trans tetrahydrocannabinol, and their optical
3490	3490	42 isomers;
3491	3491	2022 IN 1311—LS 7063/DI 106 82
3492	3492	1 (B) ð
3493	3493	6
3494	3494	cis or trans tetrahydrocannabinol, and their optical
3495	3495	2 isomers; and
3496	3496	3 (C) ð
3497	3497	3,
3498	3498	4 cis or trans tetrahydrocannabinol, and their optical
3499	3499	4 isomers.
3500	3500	5 Since nomenclature of these substances is not internationally
3501	3501	6 standardized, compounds of these structures, regardless of
3502	3502	7 numerical designation of atomic positions are covered. Other
3503	3503	8 name: THC.
3504	3504	9 (32) (31) Ethylamine analog of phencyclidine (7455). Some trade
3505	3505	10 or other names: N-Ethyl-1-phenylcyclohexylamine;
3506	3506	11 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
3507	3507	12 ethylamine; cyclohexamine; PCE.
3508	3508	13 (33) (32) Pyrrolidine analog of phencyclidine (7458). Some trade
3509	3509	14 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
3510	3510	y; PHP.
3511	3511	15 (34) (33) Thiophene analog of phencyclidine (7470). Some trade
3512	3512	16 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
3513	3513	17 Analog of Phencyclidine; TPCP.
3514	3514	18 (35) (34) Salvia divinorum or salvinorin A, including:
3515	3515	19 (A) all parts of the plant that are classified botanically as salvia
3516	3516	20 divinorum, whether growing or not;
3517	3517	21 (B) the seeds of the plant;
3518	3518	22 (C) any extract from any part of the plant; and
3519	3519	23 (D) every compound, manufacture, salt, derivative, mixture, or
3520	3520	24 preparation of the plant, its seeds, or extracts.
3521	3521	25 (36) (35) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
3522	3522	26 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
3523	3523	27 5-MeO-DMT.
3524	3524	28 (37) (36) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
3525	3525	29 (38) (37) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
3526	3526	30 (39) (38) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
3527	3527	31 (40) (39) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
3528	3528	32 (41) (40) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
3529	3529	33 (2C-T-2).
3530	3530	34 (42) (41) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
3531	3531	35 (2C-T-4).
3532	3532	36 (43) (42) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
3533	3533	37 (44) (43) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
3534	3534	38 (45) (44) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
3535	3535	39 (2C-P).
3536	3536	40 (46) (45) Deschloroketamine (2-Phenyl-2-
3537	3537	41 (methylamino)cyclohexanone).
3538	3538	42 (47) (46) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
3539	3539	2022 IN 1311—LS 7063/DI 106 83
3540	3540	1 ethyltryptamine).
3541	3541	2 (48) (47) N-methyltryptamine (1H-Indole-3-ethanamine,
3542	3542	3 N-methyl-).
3543	3543	4 (e) Depressants. Unless specifically excepted in a rule adopted by
3544	3544	5 the board or unless listed in another schedule, any material, compound,
3545	3545	6 mixture, or preparation which contains any quantity of the following
3546	3546	7 substances having a depressant effect on the central nervous system,
3547	3547	8 including its salts, isomers, and salts of isomers whenever the existence
3548	3548	9 of such salts, isomers, and salts of isomers is possible within the
3549	3549	10 specific chemical designation:
3550	3550	11 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
3551	3551	12 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
3552	3552	13 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
3553	3553	14 Pasaden)
3554	3554	15 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
3555	3555	16 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
3556	3556	17 Gamma-hydroxybutyric acid (other names include GHB;
3557	3557	18 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
3558	3558	19 oxybate; sodium oxybutyrate) (2010)
3559	3559	20 Mecloqualone (2572)
3560	3560	21 Methaqualone (2565)
3561	3561	22 (f) Stimulants. Unless specifically excepted or unless listed in
3562	3562	23 another schedule, any material, compound, mixture, or preparation that
3563	3563	24 contains any quantity of the following substances having a stimulant
3564	3564	25 effect on the central nervous system, including its salts, isomers, and
3565	3565	26 salts of isomers:
3566	3566	27 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
3567	3567	28 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
3568	3568	29 Aminorex (1585). Other names: aminoxaphen;
3569	3569	30 2-amino-5-phenyl-2-oxazoline; or
3570	3570	31 4,5-dihydro-5-phenyl-2-oxazolamine.
3571	3571	32 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
3572	3572	33 -1-one. Synonyms: BMDP, N-benzyl methylone,
3573	3573	34 3,4-Methylenedioxy-Nbenzylcathinone,
3574	3574	35 N-benzyl-3,4-methylenedioxycathinone.
3575	3575	36 Cathinone (1235). Some trade or other names:
3576	3576	37 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
3577	3577	38 2-aminopropiophenone; and norephedrone.
3578	3578	39 Fenethylline (1503).
3579	3579	40 N-Benzylpiperazine (7493). Other names: BZP; and
3580	3580	41 1-benzylpiperazine.
3581	3581	42 N-ethylamphetamine (1475).
3582	3582	2022 IN 1311—LS 7063/DI 106 84
3583	3583	1 Methcathinone (1237). Some other trade names:
3584	3584	2 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
3585	3585	3 Monomethylpropion; UR 1431.
3586	3586	4 N, N-dimethylamphetamine (1480). Other names: N,
3587	3587	5 N-alpha-trimethyl-benzeneethanamine; and N,
3588	3588	6 N-alpha-trimethylphenethylamine.
3589	3589	7 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
3590	3590	8 SECTION 20. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
3591	3591	9 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3592	3592	10 JULY 1, 2022]: Sec. 8.5. (a) A person who keeps for sale, offers for
3593	3593	11 sale, delivers, or finances the delivery of a raw material, an instrument,
3594	3594	12 a device, or other object that is intended to be or that is designed or
3595	3595	13 marketed to be used primarily for:
3596	3596	14 (1) ingesting, inhaling, or otherwise introducing into the human
3597	3597	15 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
3598	3598	16 controlled substance;
3599	3599	17 (2) testing the strength, effectiveness, or purity of marijuana, hash
3600	3600	18 oil, hashish, salvia, a synthetic drug, or a controlled substance;
3601	3601	19 (3) enhancing the effect of a controlled substance;
3602	3602	20 (4) manufacturing, compounding, converting, producing,
3603	3603	21 processing, or preparing marijuana, hash oil, hashish, salvia, a
3604	3604	22 synthetic drug, or a controlled substance;
3605	3605	23 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
3606	3606	24 synthetic drug, or a controlled substance by individuals; or
3607	3607	25 (6) any purpose announced or described by the seller that is in
3608	3608	26 violation of this chapter;
3609	3609	27 commits a Class A infraction for dealing in paraphernalia.
3610	3610	28 (b) A person who knowingly or intentionally violates subsection (a)
3611	3611	29 commits a Class A misdemeanor. However, the offense is a Level 6
3612	3612	30 felony if the person has a prior unrelated judgment or conviction under
3613	3613	31 this section.
3614	3614	32 (c) This section does not apply to the following:
3615	3615	33 (1) Items marketed for use in the preparation, compounding,
3616	3616	34 packaging, labeling, or other use of marijuana, hash oil, hashish,
3617	3617	35 salvia, a synthetic drug, or a controlled substance as an incident
3618	3618	36 to lawful research, teaching, or chemical analysis and not for sale.
3619	3619	37 (2) Items marketed for or historically and customarily used in
3620	3620	38 connection with the planting, propagating, cultivating, growing,
3621	3621	39 harvesting, manufacturing, compounding, converting, producing,
3622	3622	40 processing, preparing, testing, analyzing, packaging, repackaging,
3623	3623	41 storing, containing, concealing, injecting, ingesting, or inhaling
3624	3624	42 of tobacco or any other lawful substance.
3625	3625	2022 IN 1311—LS 7063/DI 106 85
3626	3626	1 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
3627	3627	2 a syringe or needle as part of a program under IC 16-41-7.5.
3628	3628	3 (4) Any entity or person that provides funding to a qualified entity
3629	3629	4 (as defined in IC 16-41-7.5-3) to operate a program described in
3630	3630	5 IC 16-41-7.5.
3631	3631	6 SECTION 21. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
3632	3632	7 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3633	3633	8 JULY 1, 2022]: Sec. 10. (a) A person who:
3634	3634	9 (1) knowingly or intentionally:
3635	3635	10 (A) manufactures;
3636	3636	11 (B) finances the manufacture of;
3637	3637	12 (C) delivers; or
3638	3638	13 (D) finances the delivery of;
3639	3639	14 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
3640	3640	15 (2) possesses, with intent to:
3641	3641	16 (A) manufacture;
3642	3642	17 (B) finance the manufacture of;
3643	3643	18 (C) deliver; or
3644	3644	19 (D) finance the delivery of;
3645	3645	20 marijuana, hash oil, hashish, or salvia, pure or adulterated;
3646	3646	21 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
3647	3647	22 misdemeanor, except as provided in subsections (b) through (d).
3648	3648	23 (b) A person may be convicted of an offense under subsection (a)(2)
3649	3649	24 only if:
3650	3650	25 (1) there is evidence in addition to the weight of the drug that the
3651	3651	26 person intended to manufacture, finance the manufacture of,
3652	3652	27 deliver, or finance the delivery of the drug; or
3653	3653	28 (2) the amount of the drug involved is at least
3654	3654	29 (A) ten (10) pounds, if the drug is marijuana; or
3655	3655	30 (B) three hundred (300) grams, if the drug is hash oil, hashish,
3656	3656	31 or salvia.
3657	3657	32 (c) The offense is a Level 6 felony if:
3658	3658	33 (1) the person has a prior conviction for a drug offense and the
3659	3659	34 amount of the drug involved is
3660	3660	35 (A) less than thirty (30) grams of marijuana; or
3661	3661	36 (B) less than five (5) grams of hash oil, hashish, or salvia; or
3662	3662	37 (2) the amount of the drug involved is
3663	3663	38 (A) at least thirty (30) grams but less than ten (10) pounds of
3664	3664	39 marijuana; or
3665	3665	40 (B) at least five (5) grams but less than three hundred (300)
3666	3666	41 grams of hash oil, hashish, or salvia.
3667	3667	42 (d) The offense is a Level 5 felony if:
3668	3668	2022 IN 1311—LS 7063/DI 106 86
3669	3669	1 (1) the person has a prior conviction for a drug dealing offense
3670	3670	2 and the amount of the drug involved is
3671	3671	3 (A) at least thirty (30) grams but less than ten (10) pounds of
3672	3672	4 marijuana; or
3673	3673	5 (B) at least five (5) grams but less than three hundred (300)
3674	3674	6 grams of hash oil, hashish, or salvia; or
3675	3675	7 (2) the:
3676	3676	8 (A) amount of the drug involved is
3677	3677	9 (i) at least ten (10) pounds of marijuana; or
3678	3678	10 (ii) at least three hundred (300) grams of hash oil, hashish,
3679	3679	11 or salvia; or
3680	3680	12 (B) offense involved a sale to a minor. or
3681	3681	13 (3) the:
3682	3682	14 (A) person is a retailer;
3683	3683	15 (B) marijuana, hash oil, hashish, or salvia is packaged in a
3684	3684	16 manner that appears to be low THC hemp extract; and
3685	3685	17 (C) person knew or reasonably should have known that the
3686	3686	18 product was marijuana, hash oil, hashish, or salvia.
3687	3687	19 (e) A retailer who:
3688	3688	20 (1) knowingly or intentionally:
3689	3689	21 (A) manufactures;
3690	3690	22 (B) finances the manufacture of;
3691	3691	23 (C) delivers; or
3692	3692	24 (D) finances the delivery of;
3693	3693	25 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3694	3694	26 that is packaged in a manner that appears to be low THC
3695	3695	27 hemp extract; or
3696	3696	28 (2) possesses, with intent to:
3697	3697	29 (A) manufacture;
3698	3698	30 (B) finance the manufacture of;
3699	3699	31 (C) deliver; or
3700	3700	32 (D) finance the delivery of;
3701	3701	33 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3702	3702	34 that is packaged in a manner that appears to be low THC
3703	3703	35 hemp extract;
3704	3704	36 commits dealing in mislabeled low THC hemp extract, a Level 5
3705	3705	37 felony, if the person knew or reasonably should have known that
3706	3706	38 the product was marijuana, hash oil, hashish, or salvia.
3707	3707	39 SECTION 22. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
3708	3708	40 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3709	3709	41 JULY 1, 2022]: Sec. 11. (a) A person who
3710	3710	42 (1) knowingly or intentionally possesses (pure or adulterated)
3711	3711	2022 IN 1311—LS 7063/DI 106 87
3712	3712	1 marijuana, hash oil, hashish, or salvia
3713	3713	2 (2) knowingly or intentionally grows or cultivates marijuana; or
3714	3714	3 (3) knowing that marijuana is growing on the person's premises,
3715	3715	4 fails to destroy the marijuana plants;
3716	3716	5 commits possession of marijuana, hash oil, hashish, or salvia, a Class
3717	3717	6 B misdemeanor, except as provided in subsections (b) through (c).
3718	3718	7 (b) The offense described in subsection (a) is a Class A
3719	3719	8 misdemeanor if
3720	3720	9 (1) the person has a prior conviction for a drug offense. or
3721	3721	10 (2) the:
3722	3722	11 (A) marijuana, hash oil, hashish, or salvia is packaged in a
3723	3723	12 manner that appears to be low THC hemp extract; and
3724	3724	13 (B) person knew or reasonably should have known that the
3725	3725	14 product was marijuana, hash oil, hashish, or salvia.
3726	3726	15 (c) The offense described in subsection (a) is a Level 6 felony if:
3727	3727	16 (1) the person has a prior conviction for a drug offense; and
3728	3728	17 (2) the person possesses
3729	3729	18 (A) at least thirty (30) grams of marijuana; or
3730	3730	19 (B) at least five (5) grams of hash oil, hashish, or salvia.
3731	3731	20 (d) A person who:
3732	3732	21 (1) knowingly or intentionally possesses (pure or adulterated)
3733	3733	22 marijuana, hash oil, hashish, or salvia; and
3734	3734	23 (2) the:
3735	3735	24 (A) marijuana, hash oil, hashish, or salvia is packaged in a
3736	3736	25 manner that appears to be low THC hemp extract; and
3737	3737	26 (B) person knew or reasonably should have known that the
3738	3738	27 product was marijuana, hash oil, hashish, or salvia;
3739	3739	28 commits possession of mislabeled low THC hemp extract, a Class
3740	3740	29 A misdemeanor.
3741	3741	30 SECTION 23. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
3742	3742	31 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3743	3743	32 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (i), (j), or
3744	3744	33 (l), or (m), in addition to any sentence imposed under this article for a
3745	3745	34 felony or misdemeanor, the court may, as a condition of probation or
3746	3746	35 without placing the person on probation, order the person to make
3747	3747	36 restitution to the victim of the crime, the victim's estate, or the family
3748	3748	37 of a victim who is deceased. The court shall base its restitution order
3749	3749	38 upon a consideration of:
3750	3750	39 (1) property damages of the victim incurred as a result of the
3751	3751	40 crime, based on the actual cost of repair (or replacement if repair
3752	3752	41 is inappropriate);
3753	3753	42 (2) medical and hospital costs incurred by the victim (before the
3754	3754	2022 IN 1311—LS 7063/DI 106 88
3755	3755	1 date of sentencing) as a result of the crime;
3756	3756	2 (3) the cost of medical laboratory tests to determine if the crime
3757	3757	3 has caused the victim to contract a disease or other medical
3758	3758	4 condition;
3759	3759	5 (4) earnings lost by the victim (before the date of sentencing) as
3760	3760	6 a result of the crime including earnings lost while the victim was
3761	3761	7 hospitalized or participating in the investigation or trial of the
3762	3762	8 crime; and
3763	3763	9 (5) funeral, burial, or cremation costs incurred by the family or
3764	3764	10 estate of a homicide victim as a result of the crime.
3765	3765	11 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
3766	3766	12 a judgment lien that:
3767	3767	13 (1) attaches to the property of the person subject to the order;
3768	3768	14 (2) may be perfected;
3769	3769	15 (3) may be enforced to satisfy any payment that is delinquent
3770	3770	16 under the restitution order by the person in whose favor the order
3771	3771	17 is issued or the person's assignee; and
3772	3772	18 (4) expires;
3773	3773	19 in the same manner as a judgment lien created in a civil proceeding.
3774	3774	20 (c) When a restitution order is issued under subsection (a), the
3775	3775	21 issuing court may order the person to pay the restitution, or part of the
3776	3776	22 restitution, directly to:
3777	3777	23 (1) the victim services division of the Indiana criminal justice
3778	3778	24 institute in an amount not exceeding:
3779	3779	25 (A) the amount of the award, if any, paid to the victim under
3780	3780	26 IC 5-2-6.1; and
3781	3781	27 (B) the cost of the reimbursements, if any, for emergency
3782	3782	28 services provided to the victim under IC 16-10-1.5 (before its
3783	3783	29 repeal) or IC 16-21-8; or
3784	3784	30 (2) a probation department that shall forward restitution or part of
3785	3785	31 restitution to:
3786	3786	32 (A) a victim of a crime;
3787	3787	33 (B) a victim's estate; or
3788	3788	34 (C) the family of a victim who is deceased.
3789	3789	35 The victim services division of the Indiana criminal justice institute
3790	3790	36 shall deposit the restitution it receives under this subsection in the
3791	3791	37 violent crime victims compensation fund established by IC 5-2-6.1-40.
3792	3792	38 (d) When a restitution order is issued under subsection (a), (i), (j),
3793	3793	39 or (l) or (m), the issuing court shall send a certified copy of the order
3794	3794	40 to the clerk of the circuit court in the county where the felony or
3795	3795	41 misdemeanor charge was filed. The restitution order must include the
3796	3796	42 following information:
3797	3797	2022 IN 1311—LS 7063/DI 106 89
3798	3798	1 (1) The name and address of the person that is to receive the
3799	3799	2 restitution.
3800	3800	3 (2) The amount of restitution the person is to receive.
3801	3801	4 Upon receiving the order, the clerk shall enter and index the order in
3802	3802	5 the circuit court judgment docket in the manner prescribed by
3803	3803	6 IC 33-32-3-2. The clerk shall also notify the department of insurance
3804	3804	7 of an order of restitution under subsection (i).
3805	3805	8 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
3806	3806	9 does not bar a civil action for:
3807	3807	10 (1) damages that the court did not require the person to pay to the
3808	3808	11 victim under the restitution order but arise from an injury or
3809	3809	12 property damage that is the basis of restitution ordered by the
3810	3810	13 court; and
3811	3811	14 (2) other damages suffered by the victim.
3812	3812	15 (f) Regardless of whether restitution is required under subsection (a)
3813	3813	16 as a condition of probation or other sentence, the restitution order is not
3814	3814	17 discharged by the completion of any probationary period or other
3815	3815	18 sentence imposed for a felony or misdemeanor.
3816	3816	19 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
3817	3817	20 not discharged by the liquidation of a person's estate by a receiver
3818	3818	21 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
3819	3819	22 IC 34-1-12, or IC 34-2-7 before their repeal).
3820	3820	23 (h) The attorney general may pursue restitution ordered by the court
3821	3821	24 under subsections (a) and (c) on behalf of the victim services division
3822	3822	25 of the Indiana criminal justice institute established under IC 5-2-6-8.
3823	3823	26 (i) The court may order the person convicted of an offense under
3824	3824	27 IC 35-43-9 to make restitution to the victim of the crime. The court
3825	3825	28 shall base its restitution order upon a consideration of the amount of
3826	3826	29 money that the convicted person converted, misappropriated, or
3827	3827	30 received, or for which the convicted person conspired. The restitution
3828	3828	31 order issued for a violation of IC 35-43-9 must comply with
3829	3829	32 subsections (b), (d), (e), and (g), and is not discharged by the
3830	3830	33 completion of any probationary period or other sentence imposed for
3831	3831	34 a violation of IC 35-43-9.
3832	3832	35 (j) The court may order the person convicted of an offense under
3833	3833	36 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
3834	3834	37 victim's estate, or the family of a victim who is deceased. The court
3835	3835	38 shall base its restitution order upon a consideration of the amount of
3836	3836	39 fraud or harm caused by the convicted person and any reasonable
3837	3837	40 expenses (including lost wages) incurred by the victim in correcting the
3838	3838	41 victim's credit report and addressing any other issues caused by the
3839	3839	42 commission of the offense under IC 35-43-5-3.5. If, after a person is
3840	3840	2022 IN 1311—LS 7063/DI 106 90
3841	3841	1 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
3842	3842	2 estate, or the family of a victim discovers or incurs additional expenses
3843	3843	3 that result from the convicted person's commission of the offense under
3844	3844	4 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
3845	3845	5 to require the convicted person to make restitution, even if the court
3846	3846	6 issued a restitution order at the time of sentencing. For purposes of
3847	3847	7 entering a restitution order after sentencing, a court has continuing
3848	3848	8 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
3849	3849	9 for five (5) years after the date of sentencing. Each restitution order
3850	3850	10 issued for a violation of IC 35-43-5-3.5 must comply with subsections
3851	3851	11 (b), (d), (e), and (g), and is not discharged by the completion of any
3852	3852	12 probationary period or other sentence imposed for an offense under
3853	3853	13 IC 35-43-5-3.5.
3854	3854	14 (k) The court shall order a person convicted of an offense under
3855	3855	15 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
3856	3856	16 equal to the greater of the following:
3857	3857	17 (1) The gross income or value to the person of the victim's labor
3858	3858	18 or services.
3859	3859	19 (2) The value of the victim's labor as guaranteed under the
3860	3860	20 minimum wage and overtime provisions of:
3861	3861	21 (A) the federal Fair Labor Standards Act of 1938, as amended
3862	3862	22 (29 U.S.C. 201-209); or
3863	3863	23 (B) IC 22-2-2 (Minimum Wage);
3864	3864	24 whichever is greater.
3865	3865	25 (l) The court shall order a person who:
3866	3866	26 (1) is convicted of dealing in methamphetamine under
3867	3867	27 IC 35-48-4-1.1 or manufacturing methamphetamine under
3868	3868	28 IC 35-48-4-1.2; and
3869	3869	29 (2) manufactured the methamphetamine on property owned by
3870	3870	30 another person, without the consent of the property owner;
3871	3871	31 to pay liquidated damages to the property owner in the amount of ten
3872	3872	32 thousand dollars ($10,000) or to pay actual damages to the property
3873	3873	33 owner, including lost rent and the costs of decontamination by a
3874	3874	34 qualified inspector certified under IC 16-19-3.1.
3875	3875	35 (m) The court shall order a person who:
3876	3876	36 (1) is convicted of dealing in marijuana under
3877	3877	37 IC 35-48-4-10(a)(1)(A); and
3878	3878	38 (2) manufactured the marijuana on property owned by another
3879	3879	39 person, without the consent of the property owner;
3880	3880	40 to pay liquidated damages to the property owner in the amount of two
3881	3881	41 thousand dollars ($2,000).
3882	3882	42 SECTION 24. IC 35-52-7-97 IS ADDED TO THE INDIANA
3883	3883	2022 IN 1311—LS 7063/DI 106 91
3884	3884	1 CODE AS A NEW SECTION TO READ AS FOLLOWS
3885	3885	2 [EFFECTIVE JULY 1, 2022]: Sec. 97. IC 7.1-8-12-13 defines a crime
3886	3886	3 concerning cannabis.
3887	3887	4 SECTION 25. IC 35-52-7-98 IS ADDED TO THE INDIANA
3888	3888	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
3889	3889	6 [EFFECTIVE JULY 1, 2022]: Sec. 98. IC 7.1-8-14-8 defines a crime
3890	3890	7 concerning cannabis.
3891	3891	8 SECTION 26. IC 35-52-7-99 IS ADDED TO THE INDIANA
3892	3892	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
3893	3893	10 [EFFECTIVE JULY 1, 2022]: Sec. 99. IC 7.1-8-15-5 defines a crime
3894	3894	11 concerning cannabis.
3895	3895	12 SECTION 27. IC 35-52-7-100 IS ADDED TO THE INDIANA
3896	3896	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
3897	3897	14 [EFFECTIVE JULY 1, 2022]: Sec. 100. IC 7.1-8-19-3 defines a crime
3898	3898	15 concerning cannabis.
3899	3899	16 SECTION 28. IC 35-52-7-101 IS ADDED TO THE INDIANA
3900	3900	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
3901	3901	18 [EFFECTIVE JULY 1, 2022]: Sec. 101. IC 7.1-8-19-4 defines a crime
3902	3902	19 concerning cannabis.
3903	3903	20 SECTION 29. IC 35-52-7-102 IS ADDED TO THE INDIANA
3904	3904	21 CODE AS A NEW SECTION TO READ AS FOLLOWS
3905	3905	22 [EFFECTIVE JULY 1, 2022]: Sec. 102. IC 7.1-8-19-6 defines a crime
3906	3906	23 concerning cannabis.
3907	3907	24 SECTION 30. IC 36-1-8.5-4, AS ADDED BY P.L.106-2013,
3908	3908	25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3909	3909	26 JULY 1, 2022]: Sec. 4. As used in this chapter, "law enforcement
3910	3910	27 officer" means an individual who is employed or was formerly
3911	3911	28 employed as:
3912	3912	29 (1) a police officer (including a correctional police officer),
3913	3913	30 sheriff, constable, marshal, prosecuting attorney, special
3914	3914	31 prosecuting attorney, special deputy prosecuting attorney, the
3915	3915	32 securities commissioner, or the inspector general;
3916	3916	33 (2) a deputy of any of the persons specified in subdivision (1);
3917	3917	34 (3) an investigator for a prosecuting attorney or for the inspector
3918	3918	35 general;
3919	3919	36 (4) a conservation officer;
3920	3920	37 (5) an enforcement officer of the alcohol and tobacco commission
3921	3921	38 or of the cannabis commission; or
3922	3922	39 (6) an enforcement officer of the securities division of the office
3923	3923	40 of the secretary of state.
3924	3924	2022 IN 1311—LS 7063/DI 106