Indiana 2022 Regular Session

Indiana Senate Bill SB0231 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 231
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5-46; IC 5-2-8; IC 6-7-3; IC 7.1-8; IC 7.1-9;
7	7	IC 15-16-7-8; IC 33-37; IC 35-48-4; IC 35-52-7-97.
8	8	Synopsis: Medical marijuana. Establishes a medical marijuana
9	9	program (program), and permits caregivers and patients who have
10	10	received a physician recommendation to possess a certain quantity of
11	11	marijuana for treatment of certain medical conditions. Establishes a
12	12	regulatory agency to oversee the program, and creates the regulatory
13	13	agency advisory committee to review the effectiveness of the program
14	14	and to consider recommendations from the regulatory agency.
15	15	Authorizes the regulatory agency to grant research licenses to research
16	16	facilities with a physical presence in Indiana. Repeals the controlled
17	17	substance excise tax and the marijuana eradication program. Makes
18	18	conforming amendments.
19	19	Effective: July 1, 2022.
20	20	Taylor G
21	21	January 6, 2022, read first time and referred to Committee on Commerce and Technology.
22	22	2022 IN 231—LS 7117/DI 106 Introduced
23	23	Second Regular Session of the 122nd General Assembly (2022)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2021 Regular Session of the General Assembly.
33	33	SENATE BILL No. 231
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	criminal law and procedure.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 2-5-46 IS ADDED TO THE INDIANA CODE AS
38	38	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
39	39	3 1, 2022]:
40	40	4 Chapter 46. Regulatory Agency Advisory Committee
41	41	5 Sec. 1. The following definitions apply throughout this chapter:
42	42	6 (1) "Advisory committee" means the regulatory agency
43	43	7 advisory committee established by section 2 of this chapter.
44	44	8 (2) "Regulatory agency" means the regulatory agency
45	45	9 established by IC 7.1-9-2-1.
46	46	10 Sec. 2. The regulatory agency advisory committee is established.
47	47	11 Sec. 3. (a) The advisory committee consists of the following four
48	48	12 (4) voting members and five (5) nonvoting members:
49	49	13 (1) One (1) legislative member appointed by the speaker of the
50	50	14 house of representatives.
51	51	15 (2) One (1) legislative member appointed by the minority
52	52	16 leader of the house of representatives.
53	53	17 (3) One (1) legislative member appointed by the president pro
54	54	2022 IN 231—LS 7117/DI 106 2
55	55	1 tempore of the senate.
56	56	2 (4) One (1) legislative member appointed by the minority
57	57	3 leader of the senate.
58	58	4 (5) One (1) representative of law enforcement, appointed as a
59	59	5 nonvoting member by the speaker of the house of
60	60	6 representatives.
61	61	7 (6) One (1) individual having experience in the treatment of
62	62	8 medical conditions by means of medical marijuana as a
63	63	9 patient, physician, or caregiver, appointed as a nonvoting
64	64	10 member by the president pro tempore of the senate.
65	65	11 (7) The commissioner of the department of state revenue or
66	66	12 the commissioner's designee, who serves as a nonvoting
67	67	13 member.
68	68	14 (8) The director of the department of agriculture or the
69	69	15 director's designee, who serves as a nonvoting member.
70	70	16 (9) The state health commissioner or the commissioner's
71	71	17 designee, who serves as a nonvoting member.
72	72	18 (b) The chairperson of the legislative council shall annually
73	73	19 select one (1) of the voting members to serve as chairperson.
74	74	20 Sec. 4. (a) A legislative member of the advisory committee may
75	75	21 be removed at any time by the appointing authority who appointed
76	76	22 the legislative member.
77	77	23 (b) If a vacancy exists on the advisory committee, the appointing
78	78	24 authority who appointed the former member whose position has
79	79	25 become vacant shall appoint an individual to fill the vacancy.
80	80	26 Sec. 5. Each member of the advisory committee is entitled to
81	81	27 receive the same per diem, mileage, and travel allowances paid to
82	82	28 individuals who serve as legislative and lay members, respectively,
83	83	29 of interim study committees established by the legislative council.
84	84	30 Sec. 6. The affirmative votes of a majority of the voting
85	85	31 members appointed to the advisory committee are required for the
86	86	32 advisory committee to take action on any measure, including final
87	87	33 reports.
88	88	34 Sec. 7. The advisory committee shall do the following:
89	89	35 (1) Review rules adopted by the regulatory agency.
90	90	36 (2) Review legislative proposals suggested by the regulatory
91	91	37 agency.
92	92	38 (3) Evaluate the medical marijuana research and development
93	93	39 program under IC 7.1-9-5.
94	94	40 (4) Evaluate the operation of the medical marijuana program.
95	95	41 (5) Consider any other matter that has bearing on the
96	96	42 operation of the medical marijuana program.
97	97	2022 IN 231—LS 7117/DI 106 3
98	98	1 SECTION 2. IC 5-2-8-5, AS AMENDED BY P.L.217-2017,
99	99	2 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
100	100	3 JULY 1, 2022]: Sec. 5. (a) There is established the state police training
101	101	4 fund. The fund consists of amounts collected under IC 33-37-4-1(b)(4),
102	102	5 IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4)
103	103	6 IC 33-37-4-3(b)(3) on behalf of the state police department.
104	104	7 (b) If the state police department files a claim under IC 33-37-8-4
105	105	8 or IC 33-37-8-6 against a city or town user fee fund or a county user fee
106	106	9 fund, the fiscal officer of the city or town or the county auditor shall
107	107	10 deposit fees collected under the cause numbers submitted by the state
108	108	11 police department into the state police training fund established under
109	109	12 this section.
110	110	13 (c) Claims against the state police training fund must be submitted
111	111	14 in accordance with IC 5-11-10.
112	112	15 (d) Money in excess of one hundred dollars ($100) that is
113	113	16 unencumbered and remains in the state police training fund for at least
114	114	17 one (1) entire calendar year from the date of its deposit shall, at the end
115	115	18 of the state's fiscal year, be deposited in the law enforcement academy
116	116	19 fund established under IC 5-2-1-13.
117	117	20 (e) As used in this subsection, "abuse" has the meaning set forth in
118	118	21 section 1(a) of this chapter. As a part of the state police department's
119	119	22 in-service training, the department shall provide to each law
120	120	23 enforcement officer employed by the department continuing education
121	121	24 concerning the following:
122	122	25 (1) Duties of a law enforcement officer in enforcing restraining
123	123	26 orders, protective orders, temporary injunctions, and permanent
124	124	27 injunctions involving abuse.
125	125	28 (2) Guidelines for making felony and misdemeanor arrests in
126	126	29 cases involving abuse.
127	127	30 (3) Techniques for handling incidents of abuse that:
128	128	31 (A) minimize the likelihood of injury to the law enforcement
129	129	32 officer; and
130	130	33 (B) promote the safety of a victim.
131	131	34 (4) Information about the nature and extent of the abuse.
132	132	35 (5) Information about the legal rights of and remedies available
133	133	36 to victims of abuse.
134	134	37 (6) How to document and collect evidence in an abuse case.
135	135	38 (7) The legal consequences of abuse.
136	136	39 (8) The impact on children of law enforcement intervention in
137	137	40 abuse cases.
138	138	41 (9) Services and facilities available to victims of abuse and
139	139	42 abusers.
140	140	2022 IN 231—LS 7117/DI 106 4
141	141	1 (10) Verification of restraining orders, protective orders,
142	142	2 temporary injunctions, and permanent injunctions.
143	143	3 (11) Policies concerning arrest or release of suspects in abuse
144	144	4 cases.
145	145	5 (12) Emergency assistance to victims of abuse and criminal
146	146	6 justice options for victims of abuse.
147	147	7 (13) Landlord-tenant concerns in abuse cases.
148	148	8 (14) The taking of an abused child into protective custody.
149	149	9 (15) Assessment of a situation in which a child may be seriously
150	150	10 endangered if the child is left in the child's home.
151	151	11 (16) Assessment of a situation involving an endangered adult (as
152	152	12 defined in IC 12-10-3-2).
153	153	13 (17) Response to a sudden, unexpected infant death.
154	154	14 The cost of providing continuing education under this subsection shall
155	155	15 be paid from money in the state police training fund.
156	156	16 SECTION 3. IC 5-2-8-7, AS AMENDED BY P.L.217-2017,
157	157	17 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
158	158	18 JULY 1, 2022]: Sec. 7. (a) There is established the conservation
159	159	19 officers training fund. The department of natural resources shall
160	160	20 administer the fund. The fund consists of amounts collected under
161	161	21 IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and
162	162	22 IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on behalf of the department of
163	163	23 natural resources.
164	164	24 (b) If the department of natural resources files a claim under
165	165	25 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
166	166	26 county user fee fund, the fiscal officer of the city or town or the county
167	167	27 auditor shall deposit fees collected under the cause numbers submitted
168	168	28 by the department of natural resources into the conservation officers
169	169	29 training fund established under this section.
170	170	30 (c) Claims against the conservation officers training fund must be
171	171	31 submitted in accordance with IC 5-11-10.
172	172	32 (d) Money in excess of one hundred dollars ($100) that is
173	173	33 unencumbered and remains in the conservation officers' training fund
174	174	34 for at least one (1) entire calendar year from the date of its deposit
175	175	35 shall, at the end of the state's fiscal year, be deposited in the law
176	176	36 enforcement academy fund established under IC 5-2-1-13.
177	177	37 SECTION 4. IC 5-2-8-8, AS AMENDED BY P.L.217-2017,
178	178	38 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
179	179	39 JULY 1, 2022]: Sec. 8. (a) There is established the alcoholic beverage
180	180	40 enforcement officers' training fund. The alcohol and tobacco
181	181	41 commission shall administer the fund. The fund consists of amounts
182	182	42 collected under IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3),
183	183	2022 IN 231—LS 7117/DI 106 5
184	184	1 IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on
185	185	2 behalf of the alcohol and tobacco commission.
186	186	3 (b) If the alcohol and tobacco commission files a claim under
187	187	4 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
188	188	5 county user fee fund, the fiscal officer of the city or town or the county
189	189	6 auditor shall deposit fees collected under the cause numbers submitted
190	190	7 by the alcohol and tobacco commission into the alcoholic beverage
191	191	8 enforcement officers' training fund established under this section.
192	192	9 (c) Claims against the alcoholic beverage enforcement officers'
193	193	10 training fund must be submitted in accordance with IC 5-11-10.
194	194	11 (d) Money in excess of one hundred dollars ($100) that is
195	195	12 unencumbered and remains in the alcoholic beverage enforcement
196	196	13 officers' training fund for at least one (1) entire calendar year from the
197	197	14 date of its deposit shall, at the end of the state's fiscal year, be deposited
198	198	15 in the law enforcement academy fund established under IC 5-2-1-13.
199	199	16 SECTION 5. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2022].
200	200	17 (Controlled Substance Excise Tax).
201	201	18 SECTION 6. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
202	202	19 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
203	203	20 2022]:
204	204	21 ARTICLE 8. MEDICAL MARIJUANA
205	205	22 Chapter 1. Definitions
206	206	23 Sec. 1. The following definitions apply throughout this article:
207	207	24 (1) "Adequate supply for treatment" means the amount of
208	208	25 marijuana necessary to provide care for a treatable medical
209	209	26 condition for a thirty (30) day period, as determined by a
210	210	27 physician recommendation.
211	211	28 (2) "Regulatory agency" means the regulatory agency
212	212	29 established by IC 7.1-9-2-1.
213	213	30 (3) "Regulatory agency committee" means the regulatory
214	214	31 agency commissioners described in IC 7.1-9-2.
215	215	32 (4) "Marijuana" means any part of the plant genus Cannabis.
216	216	33 (5) "Medical marijuana card" means a valid card issued by
217	217	34 the regulatory agency that authorizes the individual to whom
218	218	35 the card is issued to possess marijuana.
219	219	36 (6) "Physician" means an individual holding an unlimited
220	220	37 license to practice medicine in Indiana.
221	221	38 (7) "Physician recommendation" means a written
222	222	39 recommendation that the use of marijuana may benefit a
223	223	40 particular patient suffering from a treatable medical
224	224	41 condition. A physician recommendation may specify an
225	225	42 adequate supply for treatment.
226	226	2022 IN 231—LS 7117/DI 106 6
227	227	1 (8) "Qualified patient" means an individual who has been
228	228	2 issued a medical marijuana card by the regulatory agency.
229	229	3 (9) "Qualified primary caregiver" means the primary
230	230	4 caregiver for a qualified patient who has been issued a
231	231	5 medical marijuana card by the regulatory agency on behalf of
232	232	6 the qualified patient.
233	233	7 (10) "Treatable medical condition" means an illness or other
234	234	8 condition, the symptoms of which (including the side effects
235	235	9 and symptoms caused by any other treatment for the
236	236	10 condition) may be treated by the use of marijuana. The term
237	237	11 includes the following:
238	238	12 (A) Acquired immune deficiency syndrome (AIDS) or
239	239	13 positive status for the human immunodeficiency virus
240	240	14 (HIV).
241	241	15 (B) Anorexia.
242	242	16 (C) Arthritis.
243	243	17 (D) Cachexia.
244	244	18 (E) Chronic cancer pain.
245	245	19 (F) Glaucoma.
246	246	20 (G) Migraine.
247	247	21 (H) Persistent muscle spasms, including spasms associated
248	248	22 with multiple sclerosis, Crohn's disease, or related
249	249	23 conditions.
250	250	24 (I) Seizures, including those characteristic of epilepsy.
251	251	25 (J) Severe nausea.
252	252	26 (K) Posttraumatic stress disorder.
253	253	27 (L) Any persistent or chronic illness or condition that, in
254	254	28 the opinion of a physician:
255	255	29 (i) substantially limits the ability of an individual to
256	256	30 conduct one (1) or more major life activities; or
257	257	31 (ii) may cause serious harm to a patient's safety or
258	258	32 mental or physical health if not alleviated;
259	259	33 if the illness or condition may be improved by the use of
260	260	34 marijuana.
261	261	35 (M) Any other illness or condition determined by the
262	262	36 regulatory agency to be a treatable medical condition.
263	263	37 Chapter 2. Qualified Patients and Qualified Primary Caregivers
264	264	38 Sec. 1. (a) An individual may apply to the regulatory agency to
265	265	39 be a qualified patient if the individual suffers from a treatable
266	266	40 medical condition. An individual may apply to the regulatory
267	267	41 agency to be a qualified primary caregiver if the individual for
268	268	42 whom the individual provides care suffers from a treatable medical
269	269	2022 IN 231—LS 7117/DI 106 7
270	270	1 condition.
271	271	2 (b) To be approved as a qualified patient, an individual must
272	272	3 submit to the regulatory agency a physician recommendation
273	273	4 stating that the individual suffers from a treatable medical
274	274	5 condition. To be approved as a qualified primary caregiver, an
275	275	6 individual must submit to the regulatory agency a physician
276	276	7 recommendation stating that the individual for whom the caregiver
277	277	8 provides care suffers from a treatable medical condition.
278	278	9 (c) The regulatory agency shall issue to an individual a medical
279	279	10 marijuana card indicating that the individual is a qualified patient
280	280	11 or a qualified primary caregiver after:
281	281	12 (1) receipt of a:
282	282	13 (A) completed application; and
283	283	14 (B) physician recommendation;
284	284	15 (2) verification that the individual who tendered the physician
285	285	16 recommendation is a licensed physician; and
286	286	17 (3) compliance with any other rule adopted by the regulatory
287	287	18 agency.
288	288	19 (d) An application for a medical marijuana card may be denied
289	289	20 for the following reasons:
290	290	21 (1) The application is not complete or required information is
291	291	22 missing.
292	292	23 (2) The applicant submits false information.
293	293	24 (3) The applicant does not meet the criteria required to obtain
294	294	25 a medical marijuana card.
295	295	26 (4) The individual who tendered the physician
296	296	27 recommendation is not a licensed physician.
297	297	28 (e) A medical marijuana card issued under this section is valid
298	298	29 for two (2) years, unless the physician recommendation expressly
299	299	30 recommends a shorter period.
300	300	31 (f) The regulatory agency may charge a reasonable fee, not to
301	301	32 exceed one hundred dollars ($100), to apply for a medical
302	302	33 marijuana card. The fee shall be deposited in the state general
303	303	34 fund.
304	304	35 (g) Except as provided in subsection (h), for purposes of
305	305	36 IC 5-14-3-4(a)(1), the following information is confidential, may
306	306	37 not be published, and is not open to public inspection:
307	307	38 (1) Information submitted by an individual under this section
308	308	39 to obtain a medical marijuana card.
309	309	40 (2) Information obtained by a federal, state, or local
310	310	41 government entity in the course of an investigation concerning
311	311	42 an individual who applies to obtain a medical marijuana card.
312	312	2022 IN 231—LS 7117/DI 106 8
313	313	1 (3) The name and address of the individual, and any other
314	314	2 information that may be used to identify an individual, who
315	315	3 holds a medical marijuana card.
316	316	4 (h) Notwithstanding subsection (g):
317	317	5 (1) any information concerning an individual who applies for,
318	318	6 or an individual who holds, a medical marijuana card may be
319	319	7 released to a federal, state, or local government entity:
320	320	8 (A) for law enforcement purposes; or
321	321	9 (B) to determine the validity of a medical marijuana card;
322	322	10 and
323	323	11 (2) general information concerning the issuance of a medical
324	324	12 marijuana card in Indiana may be released to a person
325	325	13 conducting journalistic or academic research (including the
326	326	14 research described in IC 7.1-9-5), but only if all personal
327	327	15 information that may be used to identify any individual who
328	328	16 applies for or holds a medical marijuana card issued under
329	329	17 this chapter has been removed from the general information.
330	330	18 (i) A person who knowingly or intentionally violates this section
331	331	19 by releasing confidential information commits a disclosure of
332	332	20 confidential medical information, a Class B misdemeanor.
333	333	21 (j) A person who knowingly makes a material misstatement in
334	334	22 an application for a medical marijuana card under this section
335	335	23 commits fraudulent application for a medical marijuana card, a
336	336	24 Class B misdemeanor.
337	337	25 Sec. 2. A qualified patient or qualified primary caregiver may:
338	338	26 (1) possess the greater of:
339	339	27 (A) eight (8) ounces or less of dried marijuana; or
340	340	28 (B) an adequate supply for treatment as set forth in a
341	341	29 physician recommendation; and
342	342	30 (2) possess, grow, or cultivate not more than twelve (12)
343	343	31 marijuana plants.
344	344	32 Sec. 3. (a) A qualified primary caregiver may deliver to, or
345	345	33 possess with intent to deliver to, a qualified patient for whom the
346	346	34 caregiver is the primary caregiver:
347	347	35 (1) the greater of:
348	348	36 (A) eight (8) ounces or less of dried marijuana; or
349	349	37 (B) an adequate supply for treatment as set forth in a
350	350	38 physician recommendation; and
351	351	39 (2) not more than twelve (12) marijuana plants.
352	352	40 (b) A qualified primary caregiver may possess, grow, or
353	353	41 cultivate not more than twelve (12) marijuana plants for use by a
354	354	42 qualified patient for whom the individual is the primary caregiver.
355	355	2022 IN 231—LS 7117/DI 106 9
356	356	1 Sec. 4. The medical licensing board may not take an adverse
357	357	2 action against a physician who makes a physician recommendation
358	358	3 in good faith under this article if the sole basis for taking the
359	359	4 adverse action is the physician recommendation.
360	360	5 SECTION 7. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
361	361	6 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
362	362	7 2022]:
363	363	8 ARTICLE 9. REGULATION OF MEDICAL MARIJUANA
364	364	9 Chapter 1. Definitions
365	365	10 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
366	366	11 article.
367	367	12 Chapter 2. General Provisions
368	368	13 Sec. 1. A regulatory agency to be named later is established as
369	369	14 an agency of the state for purposes of administering the medical
370	370	15 marijuana program.
371	371	16 Sec. 2. (a) The regulatory agency consists of:
372	372	17 (1) the regulatory agency committee;
373	373	18 (2) the executive director; and
374	374	19 (3) other employees necessary to carry out the duties of the
375	375	20 regulatory agency.
376	376	21 (b) The regulatory agency committee consists of four (4)
377	377	22 commissioners, who shall direct and oversee the operation of the
378	378	23 regulatory agency.
379	379	24 Sec. 3. (a) The regulatory agency commissioners shall be
380	380	25 appointed by the governor.
381	381	26 (b) A commissioner is eligible for reappointment.
382	382	27 (c) Not more than two (2) commissioners may belong to the
383	383	28 same political party.
384	384	29 (d) A commissioner shall be appointed to a four (4) year term.
385	385	30 (e) A commissioner serves the commissioner's term at the
386	386	31 pleasure of the governor.
387	387	32 Sec. 4. To be eligible for appointment as a commissioner, an
388	388	33 individual must have the following qualifications:
389	389	34 (1) The individual may not be employed by the state in any
390	390	35 other capacity.
391	391	36 (2) The individual must have good moral character.
392	392	37 (3) The individual must have been a resident of Indiana for at
393	393	38 least ten (10) years immediately preceding the appointment.
394	394	39 Sec. 5. The governor shall appoint one (1) commissioner to serve
395	395	40 as chairperson of the regulatory agency committee, and one (1)
396	396	41 commissioner to serve as vice chairperson. The vice chairperson
397	397	42 shall act as the chairperson if the chairperson is unable to attend
398	398	2022 IN 231—LS 7117/DI 106 10
399	399	1 a meeting of the regulatory agency committee.
400	400	2 Sec. 6. A commissioner appointed to fill a vacancy in the
401	401	3 membership of the regulatory agency committee shall serve only
402	402	4 for the unexpired part of the original, vacated term. In all other
403	403	5 respects, an appointment to fill a vacancy shall be made in the
404	404	6 same manner that an original appointment is made.
405	405	7 Sec. 7. As compensation for services, each commissioner is
406	406	8 entitled to the minimum salary per diem provided by
407	407	9 IC 4-10-11-2.1(b). A commissioner is also entitled to
408	408	10 reimbursement for traveling expenses as provided under
409	409	11 IC 4-13-1-4 and other expenses actually incurred in connection
410	410	12 with the commissioner's duties as provided in the state policies and
411	411	13 procedures established by the Indiana department of
412	412	14 administration and approved by the budget agency.
413	413	15 Sec. 8. Each commissioner shall execute:
414	414	16 (1) a surety bond in the amount of ten thousand dollars
415	415	17 ($10,000), with surety approved by the governor; and
416	416	18 (2) an oath of office.
417	417	19 The surety bond and the oath of office shall be filed in the office of
418	418	20 the secretary of state.
419	419	21 Sec. 9. The required surety bond executed and filed on behalf of
420	420	22 a commissioner shall be made payable to the state of Indiana and
421	421	23 conditioned upon the faithful discharge of the commissioner's
422	422	24 duties.
423	423	25 Sec. 10. The regulatory agency committee shall hold meetings at
424	424	26 the call of the chairperson. The regulatory agency committee may
425	425	27 establish rules governing meetings.
426	426	28 Sec. 11. (a) Three (3) regulatory agency commissioners
427	427	29 constitute a quorum for the transaction of business.
428	428	30 (b) Each commissioner has one (1) vote.
429	429	31 (c) Action of the regulatory agency committee may be taken
430	430	32 only upon the affirmative votes of at least two (2) commissioners.
431	431	33 If a vote is a tie, the position for which the chairperson voted
432	432	34 prevails, as long as that position has received the affirmative votes
433	433	35 of at least two (2) commissioners.
434	434	36 Sec. 12. A commissioner may not solicit or accept a political
435	435	37 contribution from a qualified patient, qualified primary caregiver,
436	436	38 or any individual or entity that has a permit or has applied for a
437	437	39 permit issued by the regulatory agency. However, the right of a
438	438	40 commissioner to vote as the commissioner chooses and to express
439	439	41 the commissioner's opinions on political subjects and candidates
440	440	42 may not be impaired.
441	441	2022 IN 231—LS 7117/DI 106 11
442	442	1 Chapter 3. Employees and Administration
443	443	2 Sec. 1. (a) The regulatory agency committee shall appoint an
444	444	3 executive director to assist the regulatory agency in the efficient
445	445	4 administration of its powers and duties.
446	446	5 (b) The regulatory agency committee shall fix the salary of the
447	447	6 executive director, subject to the approval of the budget agency.
448	448	7 Sec. 2. The regulatory agency has the power to employ all
449	449	8 necessary employees, determine their duties, and, subject to the
450	450	9 approval of the regulatory agency committee and the budget
451	451	10 agency, fix their salaries.
452	452	11 Chapter 4. Powers and Duties
453	453	12 Sec. 1. The chairperson is the presiding officer at the meetings
454	454	13 of the regulatory agency committee. The chairperson, together
455	455	14 with the executive director, shall prepare, certify, and authenticate
456	456	15 all proceedings, minutes, records, rules, and regulations of the
457	457	16 regulatory agency committee. The chairperson shall also perform
458	458	17 all other duties as imposed on the chairperson by this article.
459	459	18 Sec. 2. The regulatory agency has the power to organize its
460	460	19 work, to enforce and administer this article and IC 7.1-8, and to
461	461	20 enforce and administer the rules adopted by the regulatory agency.
462	462	21 Sec. 3. The regulatory agency shall adopt rules under IC 4-22-2
463	463	22 to prescribe the forms for all applications, documents, permits,
464	464	23 medical marijuana cards, and licenses used in the administration
465	465	24 of this article and IC 7.1-8.
466	466	25 Sec. 4. The regulatory agency has the following powers:
467	467	26 (1) To hold hearings before the regulatory agency or its
468	468	27 representative.
469	469	28 (2) To take testimony and receive evidence.
470	470	29 (3) To conduct inquiries with or without a hearing.
471	471	30 (4) To receive reports of investigators or other governmental
472	472	31 officers and employees.
473	473	32 (5) To administer oaths.
474	474	33 (6) To subpoena witnesses and to compel them to appear and
475	475	34 testify.
476	476	35 (7) To certify copies of records of the regulatory agency or
477	477	36 any other document or record on file with the regulatory
478	478	37 agency.
479	479	38 (8) To fix the form, mode, manner, time, and number of times
480	480	39 for the posting or publication of any required notices if not
481	481	40 otherwise provided.
482	482	41 (9) To adopt rules under IC 4-22-2 to carry out this article
483	483	42 and IC 7.1-8.
484	484	2022 IN 231—LS 7117/DI 106 12
485	485	1 Sec. 5. The regulatory agency has the following duties:
486	486	2 (1) To establish the medical marijuana program described in
487	487	3 IC 7.1-8 and to adopt all necessary rules to implement the
488	488	4 program.
489	489	5 (2) To implement protocols for the application and issuance
490	490	6 of a medical marijuana card, including protocols to:
491	491	7 (A) prevent fraud;
492	492	8 (B) ensure the accuracy of information contained in the
493	493	9 application; and
494	494	10 (C) protect the privacy of an applicant.
495	495	11 (3) To advise the general assembly concerning the
496	496	12 establishment of a program for the:
497	497	13 (A) manufacture;
498	498	14 (B) cultivation;
499	499	15 (C) transportation; and
500	500	16 (D) dispensing;
501	501	17 of medical marijuana.
502	502	18 (4) To encourage research concerning medical marijuana and
503	503	19 issue licenses as described in IC 7.1-9-5.
504	504	20 Chapter 5. Research and Development
505	505	21 Sec. 1. To permit and encourage research concerning medical
506	506	22 marijuana:
507	507	23 (1) an accredited institution of higher education with a
508	508	24 physical presence in Indiana; and
509	509	25 (2) a pharmaceutical or agricultural business having a
510	510	26 research facility in Indiana;
511	511	27 may apply to the regulatory agency for a license to conduct
512	512	28 research concerning medical marijuana.
513	513	29 Sec. 2. An application under this chapter must include the
514	514	30 following:
515	515	31 (1) The nature of the research project.
516	516	32 (2) The names of the individuals who will conduct the
517	517	33 research project.
518	518	34 (3) The approximate quantity of marijuana that will be used
519	519	35 in the research project.
520	520	36 (4) The security protocol to be implemented to ensure that
521	521	37 marijuana is not diverted for uses other than the research
522	522	38 project.
523	523	39 (5) Any other information required by the regulatory agency.
524	524	40 Sec. 3. Upon receipt of a completed application, the regulatory
525	525	41 agency may issue a research license to the accredited institution of
526	526	42 higher education or pharmaceutical or agricultural business. The
527	527	2022 IN 231—LS 7117/DI 106 13
528	528	1 research license must specifically list the names of each individual
529	529	2 participating in the research project who will have custody or
530	530	3 control of marijuana for research purposes and the approximate
531	531	4 quantity of the marijuana that will be used in the research project.
532	532	5 Sec. 4. The regulatory agency may charge a reasonable fee for
533	533	6 issuance of a research license.
534	534	7 SECTION 8. IC 15-16-7-8 IS REPEALED [EFFECTIVE JULY 1,
535	535	8 2022]. Sec. 8. In addition to the weed control board's powers and duties
536	536	9 under section 7 of this chapter, the weed control board may establish
537	537	10 a marijuana eradication program to eliminate and destroy wild
538	538	11 marijuana plants within the county. The program is funded by amounts
539	539	12 appropriated by the county:
540	540	13 (1) under IC 33-37-8; and
541	541	14 (2) from the county general fund.
542	542	15 SECTION 9. IC 33-37-4-1, AS AMENDED BY P.L.24-2018,
543	543	16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
544	544	17 JULY 1, 2022]: Sec. 1. (a) For each action that results in a felony
545	545	18 conviction under IC 35-50-2 or a misdemeanor conviction under
546	546	19 IC 35-50-3, the clerk shall collect from the defendant a criminal costs
547	547	20 fee of one hundred twenty dollars ($120).
548	548	21 (b) In addition to the criminal costs fee collected under this section,
549	549	22 the clerk shall collect from the defendant the following fees if they are
550	550	23 required under IC 33-37-5:
551	551	24 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
552	552	25 IC 33-37-5-4).
553	553	26 (2) A marijuana eradication program fee (IC 33-37-5-7).
554	554	27 (3) (2) An alcohol and drug services program fee
555	555	28 (IC 33-37-5-8(b)).
556	556	29 (4) (3) A law enforcement continuing education program fee
557	557	30 (IC 33-37-5-8(c)).
558	558	31 (5) (4) A drug abuse, prosecution, interdiction, and correction fee
559	559	32 (IC 33-37-5-9).
560	560	33 (6) (5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
561	561	34 (7) (6) A child abuse prevention fee (IC 33-37-5-12).
562	562	35 (8) (7) A domestic violence prevention and treatment fee
563	563	36 (IC 33-37-5-13).
564	564	37 (9) (8) A highway worksite zone fee (IC 33-37-5-14).
565	565	38 (10) (9) A deferred prosecution fee (IC 33-37-5-17).
566	566	39 (11) (10) A document storage fee (IC 33-37-5-20).
567	567	40 (12) (11) An automated record keeping fee (IC 33-37-5-21).
568	568	41 (13) (12) A late payment fee (IC 33-37-5-22).
569	569	42 (14) (13) A sexual assault victims assistance fee (IC 33-37-5-23).
570	570	2022 IN 231—LS 7117/DI 106 14
571	571	1 (15) (14) A public defense administration fee (IC 33-37-5-21.2).
572	572	2 (16) (15) A judicial insurance adjustment fee (IC 33-37-5-25).
573	573	3 (17) (16) A judicial salaries fee (IC 33-37-5-26).
574	574	4 (18) (17) A court administration fee (IC 33-37-5-27).
575	575	5 (19) (18) A DNA sample processing fee (IC 33-37-5-26.2).
576	576	6 (c) Instead of the criminal costs fee prescribed by this section,
577	577	7 except for the automated record keeping fee (IC 33-37-5-21), the clerk
578	578	8 shall collect a pretrial diversion program fee if an agreement between
579	579	9 the prosecuting attorney and the accused person entered into under
580	580	10 IC 33-39-1-8 requires payment of those fees by the accused person.
581	581	11 The pretrial diversion program fee is:
582	582	12 (1) an initial user's fee of fifty dollars ($50) for a misdemeanor
583	583	13 offense;
584	584	14 (2) an initial user's fee of seventy-five dollars ($75) for a felony
585	585	15 offense;
586	586	16 (3) a monthly user's fee of twenty dollars ($20) for each month
587	587	17 that the person remains in the pretrial diversion program; and
588	588	18 (4) any additional program fee or cost that is:
589	589	19 (A) reasonably related to the person's rehabilitation; and
590	590	20 (B) approved by the court.
591	591	21 A monthly user fee may not be collected beyond the maximum length
592	592	22 of the possible sentence.
593	593	23 (d) The clerk shall transfer to the county auditor or city or town
594	594	24 fiscal officer the following fees, not later than thirty (30) days after the
595	595	25 fees are collected:
596	596	26 (1) The pretrial diversion fee.
597	597	27 (2) The marijuana eradication program fee.
598	598	28 (3) (2) The alcohol and drug services program fee.
599	599	29 (4) (3) The law enforcement continuing education program fee.
600	600	30 The auditor or fiscal officer shall deposit fees transferred under this
601	601	31 subsection in the appropriate user fee fund established under
602	602	32 IC 33-37-8.
603	603	33 (e) Unless otherwise directed by a court, if a clerk collects only part
604	604	34 of a criminal costs fee from a defendant under this section, the clerk
605	605	35 shall distribute the partial payment of the criminal costs fee as follows:
606	606	36 (1) The clerk shall apply the partial payment to general court
607	607	37 costs.
608	608	38 (2) If there is money remaining after the partial payment is
609	609	39 applied to general court costs under subdivision (1), the clerk
610	610	40 shall distribute the remainder of the partial payment for deposit in
611	611	41 the appropriate county user fee fund.
612	612	42 (3) If there is money remaining after distribution under
613	613	2022 IN 231—LS 7117/DI 106 15
614	614	1 subdivision (2), the clerk shall distribute the remainder of the
615	615	2 partial payment for deposit in the state user fee fund.
616	616	3 (4) If there is money remaining after distribution under
617	617	4 subdivision (3), the clerk shall distribute the remainder of the
618	618	5 partial payment to any other applicable user fee fund.
619	619	6 (5) If there is money remaining after distribution under
620	620	7 subdivision (4), the clerk shall apply the remainder of the partial
621	621	8 payment to any outstanding fines owed by the defendant.
622	622	9 SECTION 10. IC 33-37-4-3, AS AMENDED BY P.L.85-2017,
623	623	10 SECTION 110, IS AMENDED TO READ AS FOLLOWS
624	624	11 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The clerk shall collect a
625	625	12 juvenile costs fee of one hundred twenty dollars ($120) for each action
626	626	13 filed under any of the following:
627	627	14 (1) IC 31-34 (children in need of services).
628	628	15 (2) IC 31-37 (delinquent children).
629	629	16 (3) IC 31-14 (paternity).
630	630	17 (b) In addition to the juvenile costs fee collected under this section,
631	631	18 the clerk shall collect the following fees, if they are required under
632	632	19 IC 33-37-5:
633	633	20 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
634	634	21 IC 33-37-5-4).
635	635	22 (2) A marijuana eradication program fee (IC 33-37-5-7).
636	636	23 (3) (2) An alcohol and drug services program fee
637	637	24 (IC 33-37-5-8(b)).
638	638	25 (4) (3) A law enforcement continuing education program fee
639	639	26 (IC 33-37-5-8(c)).
640	640	27 (5) (4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
641	641	28 (6) (5) A document storage fee (IC 33-37-5-20).
642	642	29 (7) (6) An automated record keeping fee (IC 33-37-5-21).
643	643	30 (8) (7) A late payment fee (IC 33-37-5-22).
644	644	31 (9) (8) A public defense administration fee (IC 33-37-5-21.2).
645	645	32 (10) (9) A judicial insurance adjustment fee (IC 33-37-5-25).
646	646	33 (11) (10) A judicial salaries fee (IC 33-37-5-26).
647	647	34 (12) (11) A court administration fee (IC 33-37-5-27).
648	648	35 (13) (12) A DNA sample processing fee (IC 33-37-5-26.2).
649	649	36 (c) The clerk shall transfer to the county auditor or city or town
650	650	37 fiscal officer the following fees not later than thirty (30) days after they
651	651	38 are collected:
652	652	39 (1) The marijuana eradication program fee (IC 33-37-5-7).
653	653	40 (2) (1) The alcohol and drug services program fee
654	654	41 (IC 33-37-5-8(b)).
655	655	42 (3) (2) The law enforcement continuing education program fee
656	656	2022 IN 231—LS 7117/DI 106 16
657	657	1 (IC 33-37-5-8(c)).
658	658	2 The auditor or fiscal officer shall deposit the fees in the appropriate
659	659	3 user fee fund established under IC 33-37-8.
660	660	4 SECTION 11. IC 33-37-5-7 IS REPEALED [EFFECTIVE JULY 1,
661	661	5 2022]. Sec. 7. (a) This section applies to criminal actions.
662	662	6 (b) The clerk shall collect the marijuana eradication program fee set
663	663	7 by the court under IC 15-16-7-8, if:
664	664	8 (1) a weed control board has been established in the county under
665	665	9 IC 15-16-7-3; and
666	666	10 (2) the person has been convicted of an offense under IC 35-48-4
667	667	11 in a case prosecuted in that county.
668	668	12 (c) The court may set a fee under this section of not more than three
669	669	13 hundred dollars ($300).
670	670	14 SECTION 12. IC 33-37-7-2, AS AMENDED BY P.L.165-2021,
671	671	15 SECTION 193, IS AMENDED TO READ AS FOLLOWS
672	672	16 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The clerk of a circuit court
673	673	17 shall distribute semiannually to the auditor of state as the state share for
674	674	18 deposit in the homeowner protection unit account established by
675	675	19 IC 4-6-12-9 one hundred percent (100%) of the automated record
676	676	20 keeping fees collected under IC 33-37-5-21 with respect to actions
677	677	21 resulting in the accused person entering into a pretrial diversion
678	678	22 program agreement under IC 33-39-1-8 or a deferral program
679	679	23 agreement under IC 34-28-5-1 and for deposit in the state general fund
680	680	24 seventy percent (70%) of the amount of fees collected under the
681	681	25 following:
682	682	26 (1) IC 33-37-4-1(a) (criminal costs fees).
683	683	27 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
684	684	28 (3) IC 33-37-4-3(a) (juvenile costs fees).
685	685	29 (4) IC 33-37-4-4(a) (civil costs fees).
686	686	30 (5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
687	687	31 (6) IC 33-37-4-7(a) (probate costs fees).
688	688	32 (7) IC 33-37-5-17 (deferred prosecution fees).
689	689	33 (b) The clerk of a circuit court shall distribute semiannually to the
690	690	34 auditor of state for deposit in the state user fee fund established in
691	691	35 IC 33-37-9-2 the following:
692	692	36 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
693	693	37 interdiction, and correction fees collected under
694	694	38 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
695	695	39 (2) Twenty-five percent (25%) of the alcohol and drug
696	696	40 countermeasures fees collected under IC 33-37-4-1(b)(6),
697	697	41 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
698	698	42 IC 33-37-4-3(b)(4).
699	699	2022 IN 231—LS 7117/DI 106 17
700	700	1 (3) One hundred percent (100%) of the child abuse prevention
701	701	2 fees collected under IC 33-37-4-1(b)(7). IC 33-37-4-1(b)(6).
702	702	3 (4) One hundred percent (100%) of the domestic violence
703	703	4 prevention and treatment fees collected under IC 33-37-4-1(b)(8).
704	704	5 IC 33-37-4-1(b)(7).
705	705	6 (5) One hundred percent (100%) of the highway worksite zone
706	706	7 fees collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
707	707	8 IC 33-37-4-2(b)(5).
708	708	9 (6) Seventy-five percent (75%) of the safe schools fee collected
709	709	10 under IC 33-37-5-18.
710	710	11 (7) One hundred percent (100%) of the automated record keeping
711	711	12 fee collected under IC 33-37-5-21 not distributed under
712	712	13 subsection (a).
713	713	14 (c) The clerk of a circuit court shall distribute monthly to the county
714	714	15 auditor the following:
715	715	16 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
716	716	17 interdiction, and correction fees collected under
717	717	18 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
718	718	19 (2) Seventy-five percent (75%) of the alcohol and drug
719	719	20 countermeasures fees collected under IC 33-37-4-1(b)(6),
720	720	21 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
721	721	22 IC 33-37-4-3(b)(4).
722	722	23 The county auditor shall deposit fees distributed by a clerk under this
723	723	24 subsection into the county drug free community fund established under
724	724	25 IC 5-2-11.
725	725	26 (d) The clerk of a circuit court shall distribute monthly to the county
726	726	27 auditor one hundred percent (100%) of the late payment fees collected
727	727	28 under IC 33-37-5-22. The county auditor shall deposit fees distributed
728	728	29 by a clerk under this subsection as follows:
729	729	30 (1) If directed to do so by an ordinance adopted by the county
730	730	31 fiscal body, the county auditor shall deposit forty percent (40%)
731	731	32 of the fees in the clerk's record perpetuation fund established
732	732	33 under IC 33-37-5-2 and sixty percent (60%) of the fees in the
733	733	34 county general fund.
734	734	35 (2) If the county fiscal body has not adopted an ordinance
735	735	36 described in subdivision (1), the county auditor shall deposit all
736	736	37 the fees in the county general fund.
737	737	38 (e) The clerk of the circuit court shall distribute semiannually to the
738	738	39 auditor of state for deposit in the sexual assault victims assistance fund
739	739	40 established by IC 5-2-6-23(d) one hundred percent (100%) of the
740	740	41 sexual assault victims assistance fees collected under IC 33-37-5-23.
741	741	42 (f) The clerk of a circuit court shall distribute monthly to the county
742	742	2022 IN 231—LS 7117/DI 106 18
743	743	1 auditor the following:
744	744	2 (1) One hundred percent (100%) of the support and maintenance
745	745	3 fees for cases designated as non-Title IV-D child support cases in
746	746	4 the Indiana support enforcement tracking system (ISETS) or the
747	747	5 successor statewide automated support enforcement system
748	748	6 collected under IC 33-37-5-6.
749	749	7 (2) The percentage share of the support and maintenance fees for
750	750	8 cases designated as Title IV-D child support cases in ISETS or the
751	751	9 successor statewide automated support enforcement system
752	752	10 collected under IC 33-37-5-6 that is reimbursable to the county at
753	753	11 the federal financial participation rate.
754	754	12 The county clerk shall distribute monthly to the department of child
755	755	13 services the percentage share of the support and maintenance fees for
756	756	14 cases designated as Title IV-D child support cases in ISETS, or the
757	757	15 successor statewide automated support enforcement system, collected
758	758	16 under IC 33-37-5-6 that is not reimbursable to the county at the
759	759	17 applicable federal financial participation rate.
760	760	18 (g) The clerk of a circuit court shall distribute monthly to the county
761	761	19 auditor the following:
762	762	20 (1) One hundred percent (100%) of the small claims service fee
763	763	21 under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
764	764	22 the county general fund.
765	765	23 (2) One hundred percent (100%) of the small claims garnishee
766	766	24 service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
767	767	25 deposit in the county general fund.
768	768	26 (3) Twenty-five percent (25%) of the safe schools fee collected
769	769	27 under IC 33-37-5-18 for deposit in the county general fund.
770	770	28 (h) This subsection does not apply to court administration fees
771	771	29 collected in small claims actions filed in a court described in IC 33-34.
772	772	30 The clerk of a circuit court shall semiannually distribute to the auditor
773	773	31 of state for deposit in the state general fund one hundred percent
774	774	32 (100%) of the following:
775	775	33 (1) The public defense administration fee collected under
776	776	34 IC 33-37-5-21.2.
777	777	35 (2) The judicial salaries fees collected under IC 33-37-5-26.
778	778	36 (3) The DNA sample processing fees collected under
779	779	37 IC 33-37-5-26.2.
780	780	38 (4) The court administration fees collected under IC 33-37-5-27.
781	781	39 (5) The judicial insurance adjustment fee collected under
782	782	40 IC 33-37-5-25.
783	783	41 (i) The proceeds of the service fee collected under
784	784	42 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
785	785	2022 IN 231—LS 7117/DI 106 19
786	786	1 follows:
787	787	2 (1) The clerk shall distribute one hundred percent (100%) of the
788	788	3 service fees collected in a circuit, superior, county, or probate
789	789	4 court to the county auditor for deposit in the county general fund.
790	790	5 (2) The clerk shall distribute one hundred percent (100%) of the
791	791	6 service fees collected in a city or town court to the city or town
792	792	7 fiscal officer for deposit in the city or town general fund.
793	793	8 (j) The proceeds of the garnishee service fee collected under
794	794	9 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
795	795	10 follows:
796	796	11 (1) The clerk shall distribute one hundred percent (100%) of the
797	797	12 garnishee service fees collected in a circuit, superior, county, or
798	798	13 probate court to the county auditor for deposit in the county
799	799	14 general fund.
800	800	15 (2) The clerk shall distribute one hundred percent (100%) of the
801	801	16 garnishee service fees collected in a city or town court to the city
802	802	17 or town fiscal officer for deposit in the city or town general fund.
803	803	18 (k) The clerk of the circuit court shall distribute semiannually to the
804	804	19 auditor of state for deposit in the home ownership education account
805	805	20 established by IC 5-20-1-27 one hundred percent (100%) of the
806	806	21 following:
807	807	22 (1) The mortgage foreclosure counseling and education fees
808	808	23 collected under IC 33-37-5-33 (before its expiration on July 1,
809	809	24 2017).
810	810	25 (2) Any civil penalties imposed and collected by a court for a
811	811	26 violation of a court order in a foreclosure action under
812	812	27 IC 32-30-10.5.
813	813	28 (l) The clerk of a circuit court shall distribute semiannually to the
814	814	29 auditor of state one hundred percent (100%) of the pro bono legal
815	815	30 services fees collected before July 1, 2022, under IC 33-37-5-31. The
816	816	31 auditor of state shall transfer semiannually the pro bono legal services
817	817	32 fees to the Indiana Bar Foundation (or a successor entity) as the entity
818	818	33 designated to organize and administer the interest on lawyers trust
819	819	34 accounts (IOLTA) program under Rule 1.15 of the Rules of
820	820	35 Professional Conduct of the Indiana supreme court. The Indiana Bar
821	821	36 Foundation shall:
822	822	37 (1) deposit in an appropriate account and otherwise manage the
823	823	38 fees the Indiana Bar Foundation receives under this subsection in
824	824	39 the same manner the Indiana Bar Foundation deposits and
825	825	40 manages the net earnings the Indiana Bar Foundation receives
826	826	41 from IOLTA accounts; and
827	827	42 (2) use the fees the Indiana Bar Foundation receives under this
828	828	2022 IN 231—LS 7117/DI 106 20
829	829	1 subsection to assist or establish approved pro bono legal services
830	830	2 programs.
831	831	3 The handling and expenditure of the pro bono legal services fees
832	832	4 received under this section by the Indiana Bar Foundation (or its
833	833	5 successor entity) are subject to audit by the state board of accounts. The
834	834	6 amounts necessary to make the transfers required by this subsection are
835	835	7 appropriated from the state general fund.
836	836	8 SECTION 13. IC 33-37-7-8, AS AMENDED BY P.L.165-2021,
837	837	9 SECTION 194, IS AMENDED TO READ AS FOLLOWS
838	838	10 [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The clerk of a city or town
839	839	11 court shall distribute semiannually to the auditor of state as the state
840	840	12 share for deposit in the homeowner protection unit account established
841	841	13 by IC 4-6-12-9 one hundred percent (100%) of the automated record
842	842	14 keeping fees collected under IC 33-37-5-21 with respect to actions
843	843	15 resulting in the accused person entering into a pretrial diversion
844	844	16 program agreement under IC 33-39-1-8 or a deferral program
845	845	17 agreement under IC 34-28-5-1 and for deposit in the state general fund
846	846	18 fifty-five percent (55%) of the amount of fees collected under the
847	847	19 following:
848	848	20 (1) IC 33-37-4-1(a) (criminal costs fees).
849	849	21 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
850	850	22 (3) IC 33-37-4-4(a) (civil costs fees).
851	851	23 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
852	852	24 (5) IC 33-37-5-17 (deferred prosecution fees).
853	853	25 (b) The city or town fiscal officer shall distribute monthly to the
854	854	26 county auditor as the county share twenty percent (20%) of the amount
855	855	27 of fees collected under the following:
856	856	28 (1) IC 33-37-4-1(a) (criminal costs fees).
857	857	29 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
858	858	30 (3) IC 33-37-4-4(a) (civil costs fees).
859	859	31 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
860	860	32 (5) IC 33-37-5-17 (deferred prosecution fees).
861	861	33 (c) The city or town fiscal officer shall retain twenty-five percent
862	862	34 (25%) as the city or town share of the fees collected under the
863	863	35 following:
864	864	36 (1) IC 33-37-4-1(a) (criminal costs fees).
865	865	37 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
866	866	38 (3) IC 33-37-4-4(a) (civil costs fees).
867	867	39 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
868	868	40 (5) IC 33-37-5-17 (deferred prosecution fees).
869	869	41 (d) The clerk of a city or town court shall distribute semiannually to
870	870	42 the auditor of state for deposit in the state user fee fund established in
871	871	2022 IN 231—LS 7117/DI 106 21
872	872	1 IC 33-37-9 the following:
873	873	2 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
874	874	3 interdiction, and correction fees collected under
875	875	4 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
876	876	5 (2) Twenty-five percent (25%) of the alcohol and drug
877	877	6 countermeasures fees collected under IC 33-37-4-1(b)(6),
878	878	7 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
879	879	8 IC 33-37-4-3(b)(4).
880	880	9 (3) One hundred percent (100%) of the highway worksite zone
881	881	10 fees collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
882	882	11 IC 33-37-4-2(b)(5).
883	883	12 (4) Seventy-five percent (75%) of the safe schools fee collected
884	884	13 under IC 33-37-5-18.
885	885	14 (5) One hundred percent (100%) of the automated record keeping
886	886	15 fee collected under IC 33-37-5-21 not distributed under
887	887	16 subsection (a).
888	888	17 (e) The clerk of a city or town court shall distribute monthly to the
889	889	18 county auditor the following:
890	890	19 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
891	891	20 interdiction, and correction fees collected under
892	892	21 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
893	893	22 (2) Seventy-five percent (75%) of the alcohol and drug
894	894	23 countermeasures fees collected under IC 33-37-4-1(b)(6),
895	895	24 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
896	896	25 IC 33-37-4-3(b)(4).
897	897	26 The county auditor shall deposit fees distributed by a clerk under this
898	898	27 subsection into the county drug free community fund established under
899	899	28 IC 5-2-11.
900	900	29 (f) The clerk of a city or town court shall distribute monthly to the
901	901	30 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
902	902	31 percent (100%) of the following:
903	903	32 (1) The late payment fees collected under IC 33-37-5-22.
904	904	33 (2) The small claims service fee collected under
905	905	34 IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
906	906	35 (3) The small claims garnishee service fee collected under
907	907	36 IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
908	908	37 (4) Twenty-five percent (25%) of the safe schools fee collected
909	909	38 under IC 33-37-5-18.
910	910	39 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
911	911	40 fees distributed by a clerk under this subsection in the city or town
912	912	41 general fund.
913	913	42 (g) The clerk of a city or town court shall semiannually distribute to
914	914	2022 IN 231—LS 7117/DI 106 22
915	915	1 the auditor of state for deposit in the state general fund one hundred
916	916	2 percent (100%) of the following:
917	917	3 (1) The public defense administration fee collected under
918	918	4 IC 33-37-5-21.2.
919	919	5 (2) The DNA sample processing fees collected under
920	920	6 IC 33-37-5-26.2.
921	921	7 (3) The court administration fees collected under IC 33-37-5-27.
922	922	8 (4) The judicial insurance adjustment fee collected under
923	923	9 IC 33-37-5-25.
924	924	10 (h) The clerk of a city or town court shall semiannually distribute to
925	925	11 the auditor of state for deposit in the state general fund seventy-five
926	926	12 percent (75%) of the judicial salaries fee collected under
927	927	13 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
928	928	14 percent (25%) of the judicial salaries fee collected under
929	929	15 IC 33-37-5-26. The funds retained by the city or town shall be
930	930	16 prioritized to fund city or town court operations.
931	931	17 (i) The clerk of a city or town court shall distribute semiannually to
932	932	18 the auditor of state one hundred percent (100%) of the pro bono legal
933	933	19 services fees collected before July 1, 2022, under IC 33-37-5-31. The
934	934	20 auditor of state shall transfer semiannually the pro bono legal services
935	935	21 fees to the Indiana Bar Foundation (or a successor entity) as the entity
936	936	22 designated to organize and administer the interest on lawyers trust
937	937	23 accounts (IOLTA) program under Rule 1.15 of the Rules of
938	938	24 Professional Conduct of the Indiana supreme court. The Indiana Bar
939	939	25 Foundation shall:
940	940	26 (1) deposit in an appropriate account and otherwise manage the
941	941	27 fees the Indiana Bar Foundation receives under this subsection in
942	942	28 the same manner the Indiana Bar Foundation deposits and
943	943	29 manages the net earnings the Indiana Bar Foundation receives
944	944	30 from IOLTA accounts; and
945	945	31 (2) use the fees the Indiana Bar Foundation receives under this
946	946	32 subsection to assist or establish approved pro bono legal services
947	947	33 programs.
948	948	34 The handling and expenditure of the pro bono legal services fees
949	949	35 received under this section by the Indiana Bar Foundation (or its
950	950	36 successor entity) are subject to audit by the state board of accounts. The
951	951	37 amounts necessary to make the transfers required by this subsection are
952	952	38 appropriated from the state general fund.
953	953	39 SECTION 14. IC 33-37-8-5, AS AMENDED BY P.L.187-2011,
954	954	40 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
955	955	41 JULY 1, 2022]: Sec. 5. (a) A county user fee fund is established in each
956	956	42 county to finance various program services. The county fund is
957	957	2022 IN 231—LS 7117/DI 106 23
958	958	1 administered by the county auditor.
959	959	2 (b) The county fund consists of the following fees collected by a
960	960	3 clerk under this article and by the probation department for the juvenile
961	961	4 court under IC 31-37-9-9:
962	962	5 (1) The pretrial diversion program fee.
963	963	6 (2) The informal adjustment program fee.
964	964	7 (3) The marijuana eradication program fee.
965	965	8 (4) (3) The alcohol and drug services program fee.
966	966	9 (5) (4) The law enforcement continuing education program fee.
967	967	10 (6) (5) The deferral program fee.
968	968	11 (7) (6) The jury fee.
969	969	12 (8) (7) The problem solving court fee.
970	970	13 (c) All of the jury fee and two dollars ($2) of a deferral program fee
971	971	14 collected under IC 33-37-4-2(e) shall be deposited by the county
972	972	15 auditor in the jury pay fund established under IC 33-37-11.
973	973	16 SECTION 15. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
974	974	17 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
975	975	18 JULY 1, 2022]: Sec. 8.3. (a) This section does not apply to a rolling
976	976	19 paper.
977	977	20 (b) A person who knowingly or intentionally possesses an
978	978	21 instrument, a device, or another object that the person intends to use
979	979	22 for:
980	980	23 (1) introducing into the person's body a controlled substance;
981	981	24 (2) testing the strength, effectiveness, or purity of a controlled
982	982	25 substance; or
983	983	26 (3) enhancing the effect of a controlled substance;
984	984	27 commits a Class C misdemeanor. However, the offense is a Class A
985	985	28 misdemeanor if the person has a prior unrelated judgment or conviction
986	986	29 under this section.
987	987	30 (c) It is a defense to an action or prosecution under this section
988	988	31 that:
989	989	32 (1) the person who possesses the instrument, device, or other
990	990	33 object is a:
991	991	34 (A) qualified patient (as defined in IC 7.1-8-1) or qualified
992	992	35 primary caregiver (as defined in IC 7.1-8-1); or
993	993	36 (B) person listed on a valid marijuana research license
994	994	37 issued by the regulatory agency under IC 7.1-9; and
995	995	38 (2) the instrument, device, or other object is for the use of
996	996	39 medical marijuana or research relating to the use of medical
997	997	40 marijuana.
998	998	41 SECTION 16. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
999	999	42 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1000	1000	2022 IN 231—LS 7117/DI 106 24
1001	1001	1 JULY 1, 2022]: Sec. 10. (a) A person who:
1002	1002	2 (1) knowingly or intentionally:
1003	1003	3 (A) manufactures;
1004	1004	4 (B) finances the manufacture of;
1005	1005	5 (C) delivers; or
1006	1006	6 (D) finances the delivery of;
1007	1007	7 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
1008	1008	8 (2) possesses, with intent to:
1009	1009	9 (A) manufacture;
1010	1010	10 (B) finance the manufacture of;
1011	1011	11 (C) deliver; or
1012	1012	12 (D) finance the delivery of;
1013	1013	13 marijuana, hash oil, hashish, or salvia, pure or adulterated;
1014	1014	14 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
1015	1015	15 misdemeanor, except as provided in subsections (b) through (d).
1016	1016	16 (b) A person may be convicted of an offense under subsection (a)(2)
1017	1017	17 only if:
1018	1018	18 (1) there is evidence in addition to the weight of the drug that the
1019	1019	19 person intended to manufacture, finance the manufacture of,
1020	1020	20 deliver, or finance the delivery of the drug; or
1021	1021	21 (2) the amount of the drug involved is at least:
1022	1022	22 (A) ten (10) pounds, if the drug is marijuana; or
1023	1023	23 (B) three hundred (300) grams, if the drug is hash oil, hashish,
1024	1024	24 or salvia.
1025	1025	25 (c) The offense is a Level 6 felony if:
1026	1026	26 (1) the person has a prior conviction for a drug offense and the
1027	1027	27 amount of the drug involved is:
1028	1028	28 (A) less than thirty (30) grams of marijuana; or
1029	1029	29 (B) less than five (5) grams of hash oil, hashish, or salvia; or
1030	1030	30 (2) the amount of the drug involved is:
1031	1031	31 (A) at least thirty (30) grams but less than ten (10) pounds of
1032	1032	32 marijuana; or
1033	1033	33 (B) at least five (5) grams but less than three hundred (300)
1034	1034	34 grams of hash oil, hashish, or salvia.
1035	1035	35 (d) The offense is a Level 5 felony if:
1036	1036	36 (1) the person has a prior conviction for a drug dealing offense
1037	1037	37 and the amount of the drug involved is:
1038	1038	38 (A) at least thirty (30) grams but less than ten (10) pounds of
1039	1039	39 marijuana; or
1040	1040	40 (B) at least five (5) grams but less than three hundred (300)
1041	1041	41 grams of hash oil, hashish, or salvia;
1042	1042	42 (2) the:
1043	1043	2022 IN 231—LS 7117/DI 106 25
1044	1044	1 (A) amount of the drug involved is:
1045	1045	2 (i) at least ten (10) pounds of marijuana; or
1046	1046	3 (ii) at least three hundred (300) grams of hash oil, hashish,
1047	1047	4 or salvia; or
1048	1048	5 (B) offense involved a sale to a minor; or
1049	1049	6 (3) the:
1050	1050	7 (A) person is a retailer;
1051	1051	8 (B) marijuana, hash oil, hashish, or salvia is packaged in a
1052	1052	9 manner that appears to be low THC hemp extract; and
1053	1053	10 (C) person knew or reasonably should have known that the
1054	1054	11 product was marijuana, hash oil, hashish, or salvia.
1055	1055	12 (e) It is a defense to a prosecution under this section for an
1056	1056	13 offense involving marijuana, hash oil, or hashish that the person is
1057	1057	14 a:
1058	1058	15 (1) qualified primary caregiver (as defined in IC 7.1-8-1), if:
1059	1059	16 (A) the possession or delivery of the marijuana, hash oil, or
1060	1060	17 hashish is permitted under IC 7.1-8-2-3; and
1061	1061	18 (B) the quantity of marijuana, hash oil, or hashish
1062	1062	19 possessed or delivered does not exceed the permissible
1063	1063	20 amounts set forth in IC 7.1-8-2-3; or
1064	1064	21 (2) person listed on a valid marijuana research license issued
1065	1065	22 by the regulatory agency under IC 7.1-9, if:
1066	1066	23 (A) the possession or delivery of the marijuana, hash oil, or
1067	1067	24 hashish is permitted by the research license issued by the
1068	1068	25 regulatory agency under IC 7.1-9-5; and
1069	1069	26 (B) the quantity of marijuana, hash oil, or hashish
1070	1070	27 possessed or delivered does not exceed the permissible
1071	1071	28 quantity authorized by the research license issued by the
1072	1072	29 regulatory agency.
1073	1073	30 SECTION 17. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
1074	1074	31 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1075	1075	32 JULY 1, 2022]: Sec. 11. (a) A person who:
1076	1076	33 (1) knowingly or intentionally possesses (pure or adulterated)
1077	1077	34 marijuana, hash oil, hashish, or salvia;
1078	1078	35 (2) knowingly or intentionally grows or cultivates marijuana; or
1079	1079	36 (3) knowing that marijuana is growing on the person's premises,
1080	1080	37 fails to destroy the marijuana plants;
1081	1081	38 commits possession of marijuana, hash oil, hashish, or salvia, a Class
1082	1082	39 B misdemeanor, except as provided in subsections (b) through (c).
1083	1083	40 (b) The offense described in subsection (a) is a Class A
1084	1084	41 misdemeanor if:
1085	1085	42 (1) the person has a prior conviction for a drug offense; or
1086	1086	2022 IN 231—LS 7117/DI 106 26
1087	1087	1 (2) the:
1088	1088	2 (A) marijuana, hash oil, hashish, or salvia is packaged in a
1089	1089	3 manner that appears to be low THC hemp extract; and
1090	1090	4 (B) person knew or reasonably should have known that the
1091	1091	5 product was marijuana, hash oil, hashish, or salvia.
1092	1092	6 (c) The offense described in subsection (a) is a Level 6 felony if:
1093	1093	7 (1) the person has a prior conviction for a drug offense; and
1094	1094	8 (2) the person possesses:
1095	1095	9 (A) at least thirty (30) grams of marijuana; or
1096	1096	10 (B) at least five (5) grams of hash oil, hashish, or salvia.
1097	1097	11 (d) It is a defense to a prosecution under this section for an
1098	1098	12 offense involving marijuana, hash oil, or hashish that the person is
1099	1099	13 a:
1100	1100	14 (1) qualified patient (as defined in IC 7.1-8-1) or qualified
1101	1101	15 primary caregiver (as defined in IC 7.1-8-1), if:
1102	1102	16 (A) the possession of the marijuana, hash oil, or hashish is
1103	1103	17 permitted under IC 7.1-8-2-2; and
1104	1104	18 (B) the quantity of marijuana, hash oil, or hashish
1105	1105	19 possessed or cultivated does not exceed the permissible
1106	1106	20 amounts set forth in IC 7.1-8-2-2; or
1107	1107	21 (2) person listed on a valid marijuana research license issued
1108	1108	22 by the regulatory agency under IC 7.1-9, if:
1109	1109	23 (A) the possession or cultivation of the marijuana, hash oil,
1110	1110	24 or hashish is permitted by the research license issued by
1111	1111	25 the regulatory agency under IC 7.1-9-5; and
1112	1112	26 (B) the quantity of marijuana, hash oil, or hashish
1113	1113	27 possessed or cultivated does not exceed the permissible
1114	1114	28 quantity authorized by the research license issued by the
1115	1115	29 regulatory agency.
1116	1116	30 SECTION 18. IC 35-52-7-97 IS ADDED TO THE INDIANA
1117	1117	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
1118	1118	32 [EFFECTIVE JULY 1, 2022]: Sec. 97. IC 7.1-8-2-1 defines crimes
1119	1119	33 concerning medical marijuana.
1120	1120	2022 IN 231—LS 7117/DI 106