Indiana 2022 Regular Session

Indiana Senate Bill SB0354 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. 354
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-30-5-1; IC 16-31-3-14; IC 22-15-5-16;
7	7	IC 25-1-1.1-2; IC 31-37-2-8; IC 35-48-4.
8	8	Synopsis: Marijuana offenses. Adds to the defense of operating a
9	9	vehicle and committing a traffic offense with a controlled substance
10	10	that the substance was identified as marijuana through a chemical test
11	11	offered by a law enforcement officer. Provides that possession or
12	12	consumption of marijuana by a minor is a delinquent act. Provides that
13	13	a person who knowingly or intentionally possesses more than two
14	14	ounces of marijuana commits the offense of possession of marijuana.
15	15	(Current law provides that the offense of possession of marijuana can
16	16	be for any amount of marijuana.) Repeals the offense of possession of
17	17	marijuana, hash oil, hashish, or salvia as a Level 6 felony. Establishes
18	18	a penalty for a minor who possesses or consumes marijuana. Provides
19	19	for the suspension of the minor's driving privileges if the minor
20	20	possessed or consumed the marijuana while operating a motor vehicle.
21	21	Makes conforming amendments.
22	22	Effective: July 1, 2022.
23	23	Pol Jr.
24	24	January 11, 2022, read first time and referred to Committee on Corrections and Criminal
25	25	Law.
26	26	2022 IN 354—LS 6961/DI 77 Introduced
27	27	Second Regular Session of the 122nd General Assembly (2022)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2021 Regular Session of the General Assembly.
37	37	SENATE BILL No. 354
38	38	A BILL FOR AN ACT to amend the Indiana Code concerning
39	39	criminal law and procedure.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
42	42	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43	43	3 JULY 1, 2022]: Sec. 1. (a) A person who operates a vehicle with an
44	44	4 alcohol concentration equivalent to at least eight-hundredths (0.08)
45	45	5 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
46	46	6 per:
47	47	7 (1) one hundred (100) milliliters of the person's blood; or
48	48	8 (2) two hundred ten (210) liters of the person's breath;
49	49	9 commits a Class C misdemeanor.
50	50	10 (b) A person who operates a vehicle with an alcohol concentration
51	51	11 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
52	52	12 (1) one hundred (100) milliliters of the person's blood; or
53	53	13 (2) two hundred ten (210) liters of the person's breath;
54	54	14 commits a Class A misdemeanor.
55	55	15 (c) A person who operates a vehicle with a controlled substance
56	56	16 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
57	57	17 blood commits a Class C misdemeanor.
58	58	2022 IN 354—LS 6961/DI 77 2
59	59	1 (d) It is a defense to subsection (c) that:
60	60	2 (1) the accused person consumed the controlled substance in
61	61	3 accordance with a valid prescription or order of a practitioner (as
62	62	4 defined in IC 35-48-1) who acted in the course of the
63	63	5 practitioner's professional practice; or
64	64	6 (2) the:
65	65	7 (A) controlled substance is marijuana or a metabolite of
66	66	8 marijuana;
67	67	9 (B) person was not intoxicated;
68	68	10 (C) person did not cause a traffic accident; and
69	69	11 (D) substance was identified by means of a chemical test taken
70	70	12 pursuant to IC 9-30-6 or IC 9-30-7.
71	71	13 SECTION 2. IC 16-31-3-14, AS AMENDED BY P.L.142-2020,
72	72	14 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
73	73	15 JULY 1, 2022]: Sec. 14. (a) A person holding a certificate or license
74	74	16 issued under this article must comply with the applicable standards and
75	75	17 rules established under this article. A certificate holder or license
76	76	18 holder is subject to disciplinary sanctions under subsection (b) if the
77	77	19 department of homeland security determines that the certificate holder
78	78	20 or license holder:
79	79	21 (1) engaged in or knowingly cooperated in fraud or material
80	80	22 deception in order to obtain a certificate or license, including
81	81	23 cheating on a certification or licensure examination;
82	82	24 (2) engaged in fraud or material deception in the course of
83	83	25 professional services or activities;
84	84	26 (3) advertised services or goods in a false or misleading manner;
85	85	27 (4) falsified or knowingly allowed another person to falsify
86	86	28 attendance records or certificates of completion of continuing
87	87	29 education courses required under this article or rules adopted
88	88	30 under this article;
89	89	31 (5) is convicted of a crime, if the act that resulted in the
90	90	32 conviction has a direct bearing on determining if the certificate
91	91	33 holder or license holder should be entrusted to provide emergency
92	92	34 medical services;
93	93	35 (6) is convicted of violating IC 9-19-14.5;
94	94	36 (7) fails to comply and maintain compliance with or violates any
95	95	37 applicable provision, standard, or other requirement of this article
96	96	38 or rules adopted under this article;
97	97	39 (8) continues to practice if the certificate holder or license holder
98	98	40 becomes unfit to practice due to:
99	99	41 (A) professional incompetence that includes the undertaking
100	100	42 of professional activities that the certificate holder or license
101	101	2022 IN 354—LS 6961/DI 77 3
102	102	1 holder is not qualified by training or experience to undertake;
103	103	2 (B) failure to keep abreast of current professional theory or
104	104	3 practice;
105	105	4 (C) physical or mental disability; or
106	106	5 (D) addiction to, abuse of, or dependency on alcohol or other
107	107	6 drugs that endanger the public by impairing the certificate
108	108	7 holder's or license holder's ability to practice safely;
109	109	8 (9) engages in a course of lewd or immoral conduct in connection
110	110	9 with the delivery of services to the public;
111	111	10 (10) allows the certificate holder's or license holder's name or a
112	112	11 certificate or license issued under this article to be used in
113	113	12 connection with a person who renders services beyond the scope
114	114	13 of that person's training, experience, or competence;
115	115	14 (11) is subjected to disciplinary action in another state or
116	116	15 jurisdiction on grounds similar to those contained in this chapter.
117	117	16 For purposes of this subdivision, a certified copy of a record of
118	118	17 disciplinary action constitutes prima facie evidence of a
119	119	18 disciplinary action in another jurisdiction;
120	120	19 (12) assists another person in committing an act that would
121	121	20 constitute a ground for disciplinary sanction under this chapter;
122	122	21 or
123	123	22 (13) allows a certificate or license issued by the commission to
124	124	23 be:
125	125	24 (A) used by another person; or
126	126	25 (B) displayed to the public when the certificate or license is
127	127	26 expired, inactive, invalid, revoked, or suspended.
128	128	27 (b) The department of homeland security may issue an order under
129	129	28 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
130	130	29 the department of homeland security determines that a certificate
131	131	30 holder or license holder is subject to disciplinary sanctions under
132	132	31 subsection (a):
133	133	32 (1) Revocation of a certificate holder's certificate or license
134	134	33 holder's license for a period not to exceed seven (7) years.
135	135	34 (2) Suspension of a certificate holder's certificate or license
136	136	35 holder's license for a period not to exceed seven (7) years.
137	137	36 (3) Censure of a certificate holder or license holder.
138	138	37 (4) Issuance of a letter of reprimand.
139	139	38 (5) Assessment of a civil penalty against the certificate holder or
140	140	39 license holder in accordance with the following:
141	141	40 (A) The civil penalty may not exceed five hundred dollars
142	142	41 ($500) per day per violation.
143	143	42 (B) If the certificate holder or license holder fails to pay the
144	144	2022 IN 354—LS 6961/DI 77 4
145	145	1 civil penalty within the time specified by the department of
146	146	2 homeland security, the department of homeland security may
147	147	3 suspend the certificate holder's certificate or license holder's
148	148	4 license without additional proceedings.
149	149	5 (6) Placement of a certificate holder or license holder on
150	150	6 probation status and requirement of the certificate holder or
151	151	7 license holder to:
152	152	8 (A) report regularly to the department of homeland security
153	153	9 upon the matters that are the basis of probation;
154	154	10 (B) limit practice to those areas prescribed by the department
155	155	11 of homeland security;
156	156	12 (C) continue or renew professional education approved by the
157	157	13 department of homeland security until a satisfactory degree of
158	158	14 skill has been attained in those areas that are the basis of the
159	159	15 probation; or
160	160	16 (D) perform or refrain from performing any acts, including
161	161	17 community restitution or service without compensation, that
162	162	18 the department of homeland security considers appropriate to
163	163	19 the public interest or to the rehabilitation or treatment of the
164	164	20 certificate holder or license holder.
165	165	21 The department of homeland security may withdraw or modify
166	166	22 this probation if the department of homeland security finds after
167	167	23 a hearing that the deficiency that required disciplinary action is
168	168	24 remedied or that changed circumstances warrant a modification
169	169	25 of the order.
170	170	26 (c) If an applicant or a certificate holder or license holder has
171	171	27 engaged in or knowingly cooperated in fraud or material deception to
172	172	28 obtain a certificate or license, including cheating on the certification or
173	173	29 licensure examination, the department of homeland security may
174	174	30 rescind the certificate or license if it has been granted, void the
175	175	31 examination or other fraudulent or deceptive material, and prohibit the
176	176	32 applicant from reapplying for the certificate or license for a length of
177	177	33 time established by the department of homeland security.
178	178	34 (d) The department of homeland security may deny certification or
179	179	35 licensure to an applicant who would be subject to disciplinary sanctions
180	180	36 under subsection (b) if that person were a certificate holder or license
181	181	37 holder, has had disciplinary action taken against the applicant or the
182	182	38 applicant's certificate or license to practice in another state or
183	183	39 jurisdiction, or has practiced without a certificate or license in violation
184	184	40 of the law. A certified copy of the record of disciplinary action is
185	185	41 conclusive evidence of the other jurisdiction's disciplinary action.
186	186	42 (e) The department of homeland security may order a certificate
187	187	2022 IN 354—LS 6961/DI 77 5
188	188	1 holder or license holder to submit to a reasonable physical or mental
189	189	2 examination if the certificate holder's or license holder's physical or
190	190	3 mental capacity to practice safely and competently is at issue in a
191	191	4 disciplinary proceeding. Failure to comply with a department of
192	192	5 homeland security order to submit to a physical or mental examination
193	193	6 makes a certificate holder or license holder liable to temporary
194	194	7 suspension under subsection (i).
195	195	8 (f) Except as provided under subsection (a), subsection (g), and
196	196	9 section 14.5 of this chapter, a certificate or license may not be denied,
197	197	10 revoked, or suspended because the applicant, certificate holder, or
198	198	11 license holder has been convicted of an offense. The acts from which
199	199	12 the applicant's, certificate holder's, or license holder's conviction
200	200	13 resulted may be considered as to whether the applicant or certificate
201	201	14 holder or license holder should be entrusted to serve the public in a
202	202	15 specific capacity.
203	203	16 (g) The department of homeland security may deny, suspend, or
204	204	17 revoke a certificate or license issued under this article if the individual
205	205	18 who holds or is applying for the certificate or license is convicted of
206	206	19 any of the following:
207	207	20 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
208	208	21 (2) Possession of methamphetamine under IC 35-48-4-6.1.
209	209	22 (3) Possession of a controlled substance under IC 35-48-4-7(a).
210	210	23 (4) Fraudulently obtaining a controlled substance under
211	211	24 IC 35-48-4-7(c).
212	212	25 (5) Manufacture of paraphernalia as a Class D felony (for a crime
213	213	26 committed before July 1, 2014) or Level 6 felony (for a crime
214	214	27 committed after June 30, 2014) under IC 35-48-4-8.1(b).
215	215	28 (6) Dealing in paraphernalia as a Class D felony (for a crime
216	216	29 committed before July 1, 2014) or Level 6 felony (for a crime
217	217	30 committed after June 30, 2014) under IC 35-48-4-8.5(b).
218	218	31 (7) Possession of paraphernalia as a Class D felony (for a crime
219	219	32 committed before July 1, 2014) or Level 6 felony (for a crime
220	220	33 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
221	221	34 its amendment on July 1, 2015).
222	222	35 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
223	223	36 D felony (for a crime committed before July 1, 2014) or Level 6
224	224	37 felony (for a crime committed after June 30, 2014) under
225	225	38 IC 35-48-4-11.
226	226	39 (9) (8) A felony offense under IC 35-48-4 involving:
227	227	40 (A) possession of a synthetic drug (as defined in
228	228	41 IC 35-31.5-2-321);
229	229	42 (B) possession of a synthetic drug lookalike substance (as
230	230	2022 IN 354—LS 6961/DI 77 6
231	231	1 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
232	232	2 2019)) as a:
233	233	3 (i) Class D felony (for a crime committed before July 1,
234	234	4 2014); or
235	235	5 (ii) Level 6 felony (for a crime committed after June 30,
236	236	6 2014);
237	237	7 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
238	238	8 (C) possession of a controlled substance analog (as defined in
239	239	9 IC 35-48-1-9.3).
240	240	10 (10) (9) Maintaining a common nuisance under IC 35-48-4-13
241	241	11 (repealed) or IC 35-45-1-5, if the common nuisance involves a
242	242	12 controlled substance.
243	243	13 (11) (10) An offense relating to registration, labeling, and
244	244	14 prescription forms under IC 35-48-4-14.
245	245	15 (h) A decision of the department of homeland security under
246	246	16 subsections (b) through (g) may be appealed to the commission under
247	247	17 IC 4-21.5-3-7.
248	248	18 (i) The department of homeland security may temporarily suspend
249	249	19 a certificate holder's certificate or license holder's license under
250	250	20 IC 4-21.5-4 before a final adjudication or during the appeals process if
251	251	21 the department of homeland security finds that a certificate holder or
252	252	22 license holder would represent a clear and immediate danger to the
253	253	23 public's health, safety, or property if the certificate holder or license
254	254	24 holder were allowed to continue to practice.
255	255	25 (j) On receipt of a complaint or information alleging that a person
256	256	26 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
257	257	27 or is engaging in a practice that is subject to disciplinary sanctions
258	258	28 under this chapter, the department of homeland security must initiate
259	259	29 an investigation against the person.
260	260	30 (k) The department of homeland security shall conduct a factfinding
261	261	31 investigation as the department of homeland security considers proper
262	262	32 in relation to the complaint.
263	263	33 (l) The department of homeland security may reinstate a certificate
264	264	34 or license that has been suspended under this section if the department
265	265	35 of homeland security is satisfied that the applicant is able to practice
266	266	36 with reasonable skill, competency, and safety to the public. As a
267	267	37 condition of reinstatement, the department of homeland security may
268	268	38 impose disciplinary or corrective measures authorized under this
269	269	39 chapter.
270	270	40 (m) The department of homeland security may not reinstate a
271	271	41 certificate or license that has been revoked under this chapter.
272	272	42 (n) The department of homeland security must be consistent in the
273	273	2022 IN 354—LS 6961/DI 77 7
274	274	1 application of sanctions authorized in this chapter. Significant
275	275	2 departures from prior decisions involving similar conduct must be
276	276	3 explained in the department of homeland security's findings or orders.
277	277	4 (o) A certificate holder may not surrender the certificate holder's
278	278	5 certificate, and a license holder may not surrender the license holder's
279	279	6 license, without the written approval of the department of homeland
280	280	7 security, and the department of homeland security may impose any
281	281	8 conditions appropriate to the surrender or reinstatement of a
282	282	9 surrendered certificate or license.
283	283	10 (p) For purposes of this section, "certificate holder" means a person
284	284	11 who holds:
285	285	12 (1) an unlimited certificate;
286	286	13 (2) a limited or probationary certificate; or
287	287	14 (3) an inactive certificate.
288	288	15 (q) For purposes of this section, "license holder" means a person
289	289	16 who holds:
290	290	17 (1) an unlimited license;
291	291	18 (2) a limited or probationary license; or
292	292	19 (3) an inactive license.
293	293	20 SECTION 3. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
294	294	21 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
295	295	22 JULY 1, 2022]: Sec. 16. (a) A practitioner shall comply with the
296	296	23 standards established under this licensing program. A practitioner is
297	297	24 subject to the exercise of the disciplinary sanctions under subsection
298	298	25 (b) if the department finds that a practitioner has:
299	299	26 (1) engaged in or knowingly cooperated in fraud or material
300	300	27 deception in order to obtain a license to practice, including
301	301	28 cheating on a licensing examination;
302	302	29 (2) engaged in fraud or material deception in the course of
303	303	30 professional services or activities;
304	304	31 (3) advertised services or goods in a false or misleading manner;
305	305	32 (4) falsified or knowingly allowed another person to falsify
306	306	33 attendance records or certificates of completion of continuing
307	307	34 education courses provided under this chapter;
308	308	35 (5) been convicted of a crime that has a direct bearing on the
309	309	36 practitioner's ability to continue to practice competently;
310	310	37 (6) knowingly violated a state statute or rule or federal statute or
311	311	38 regulation regulating the profession for which the practitioner is
312	312	39 licensed;
313	313	40 (7) continued to practice although the practitioner has become
314	314	41 unfit to practice due to:
315	315	42 (A) professional incompetence;
316	316	2022 IN 354—LS 6961/DI 77 8
317	317	1 (B) failure to keep abreast of current professional theory or
318	318	2 practice;
319	319	3 (C) physical or mental disability; or
320	320	4 (D) addiction to, abuse of, or severe dependency on alcohol or
321	321	5 other drugs that endanger the public by impairing a
322	322	6 practitioner's ability to practice safely;
323	323	7 (8) engaged in a course of lewd or immoral conduct in connection
324	324	8 with the delivery of services to the public;
325	325	9 (9) allowed the practitioner's name or a license issued under this
326	326	10 chapter to be used in connection with an individual or business
327	327	11 who renders services beyond the scope of that individual's or
328	328	12 business's training, experience, or competence;
329	329	13 (10) had disciplinary action taken against the practitioner or the
330	330	14 practitioner's license to practice in another state or jurisdiction on
331	331	15 grounds similar to those under this chapter;
332	332	16 (11) assisted another person in committing an act that would
333	333	17 constitute a ground for disciplinary sanction under this chapter;
334	334	18 or
335	335	19 (12) allowed a license issued by the department to be:
336	336	20 (A) used by another person; or
337	337	21 (B) displayed to the public when the license has expired, is
338	338	22 inactive, is invalid, or has been revoked or suspended.
339	339	23 For purposes of subdivision (10), a certified copy of a record of
340	340	24 disciplinary action constitutes prima facie evidence of a disciplinary
341	341	25 action in another jurisdiction.
342	342	26 (b) The department may impose one (1) or more of the following
343	343	27 sanctions if the department finds that a practitioner is subject to
344	344	28 disciplinary sanctions under subsection (a):
345	345	29 (1) Permanent revocation of a practitioner's license.
346	346	30 (2) Suspension of a practitioner's license.
347	347	31 (3) Censure of a practitioner.
348	348	32 (4) Issuance of a letter of reprimand.
349	349	33 (5) Assessment of a civil penalty against the practitioner in
350	350	34 accordance with the following:
351	351	35 (A) The civil penalty may not be more than one thousand
352	352	36 dollars ($1,000) for each violation listed in subsection (a),
353	353	37 except for a finding of incompetency due to a physical or
354	354	38 mental disability.
355	355	39 (B) When imposing a civil penalty, the department shall
356	356	40 consider a practitioner's ability to pay the amount assessed. If
357	357	41 the practitioner fails to pay the civil penalty within the time
358	358	42 specified by the department, the department may suspend the
359	359	2022 IN 354—LS 6961/DI 77 9
360	360	1 practitioner's license without additional proceedings. However,
361	361	2 a suspension may not be imposed if the sole basis for the
362	362	3 suspension is the practitioner's inability to pay a civil penalty.
363	363	4 (6) Placement of a practitioner on probation status and
364	364	5 requirement of the practitioner to:
365	365	6 (A) report regularly to the department upon the matters that
366	366	7 are the basis of probation;
367	367	8 (B) limit practice to those areas prescribed by the department;
368	368	9 (C) continue or renew professional education approved by the
369	369	10 department until a satisfactory degree of skill has been attained
370	370	11 in those areas that are the basis of the probation; or
371	371	12 (D) perform or refrain from performing any acts, including
372	372	13 community restitution or service without compensation, that
373	373	14 the department considers appropriate to the public interest or
374	374	15 to the rehabilitation or treatment of the practitioner.
375	375	16 The department may withdraw or modify this probation if the
376	376	17 department finds after a hearing that the deficiency that required
377	377	18 disciplinary action has been remedied or that changed
378	378	19 circumstances warrant a modification of the order.
379	379	20 (c) If an applicant or a practitioner has engaged in or knowingly
380	380	21 cooperated in fraud or material deception to obtain a license to
381	381	22 practice, including cheating on the licensing examination, the
382	382	23 department may rescind the license if it has been granted, void the
383	383	24 examination or other fraudulent or deceptive material, and prohibit the
384	384	25 applicant from reapplying for the license for a length of time
385	385	26 established by the department.
386	386	27 (d) The department may deny licensure to an applicant who has had
387	387	28 disciplinary action taken against the applicant or the applicant's license
388	388	29 to practice in another state or jurisdiction or who has practiced without
389	389	30 a license in violation of the law. A certified copy of the record of
390	390	31 disciplinary action is conclusive evidence of the other jurisdiction's
391	391	32 disciplinary action.
392	392	33 (e) The department may order a practitioner to submit to a
393	393	34 reasonable physical or mental examination if the practitioner's physical
394	394	35 or mental capacity to practice safely and competently is at issue in a
395	395	36 disciplinary proceeding. Failure to comply with a department order to
396	396	37 submit to a physical or mental examination makes a practitioner liable
397	397	38 to temporary suspension under subsection (j).
398	398	39 (f) Except as provided under subsection (g) or (h), a license may not
399	399	40 be denied, revoked, or suspended because the applicant or holder has
400	400	41 been convicted of an offense. The acts from which the applicant's or
401	401	42 holder's conviction resulted may, however, be considered as to whether
402	402	2022 IN 354—LS 6961/DI 77 10
403	403	1 the applicant or holder should be entrusted to serve the public in a
404	404	2 specific capacity.
405	405	3 (g) The department may deny, suspend, or revoke a license issued
406	406	4 under this chapter if the individual who holds the license is convicted
407	407	5 of any of the following:
408	408	6 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
409	409	7 (2) Possession of methamphetamine under IC 35-48-4-6.1.
410	410	8 (3) Possession of a controlled substance under IC 35-48-4-7(a).
411	411	9 (4) Fraudulently obtaining a controlled substance under
412	412	10 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
413	413	11 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
414	414	12 (5) Manufacture of paraphernalia as a Class D felony (for a crime
415	415	13 committed before July 1, 2014) or a Level 6 felony (for a crime
416	416	14 committed after June 30, 2014) under IC 35-48-4-8.1(b).
417	417	15 (6) Dealing in paraphernalia as a Class D felony (for a crime
418	418	16 committed before July 1, 2014) or a Level 6 felony (for a crime
419	419	17 committed after June 30, 2014) under IC 35-48-4-8.5(b).
420	420	18 (7) Possession of paraphernalia as a Class D felony (for a crime
421	421	19 committed before July 1, 2014) or a Level 6 felony (for a crime
422	422	20 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
423	423	21 its amendment on July 1, 2015).
424	424	22 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
425	425	23 D felony (for a crime committed before July 1, 2014) or a Level
426	426	24 6 felony (for a crime committed after June 30, 2014) under
427	427	25 IC 35-48-4-11.
428	428	26 (9) (8) A felony offense under IC 35-48-4 involving possession of
429	429	27 a synthetic drug (as defined in IC 35-31.5-2-321), possession of
430	430	28 a controlled substance analog (as defined in IC 35-48-1-9.3), or
431	431	29 possession of a synthetic drug lookalike substance (as defined in
432	432	30 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
433	433	31 (A) Class D felony for a crime committed before July 1, 2014;
434	434	32 or
435	435	33 (B) Level 6 felony for a crime committed after June 30, 2014;
436	436	34 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
437	437	35 (10) (9) Maintaining a common nuisance under IC 35-48-4-13
438	438	36 (repealed) or IC 35-45-1-5, if the common nuisance involves a
439	439	37 controlled substance.
440	440	38 (11) (10) An offense relating to registration, labeling, and
441	441	39 prescription forms under IC 35-48-4-14.
442	442	40 (h) The department shall deny, revoke, or suspend a license issued
443	443	41 under this chapter if the individual who holds the license is convicted
444	444	42 of any of the following:
445	445	2022 IN 354—LS 6961/DI 77 11
446	446	1 (1) Dealing in a controlled substance resulting in death under
447	447	2 IC 35-42-1-1.5.
448	448	3 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
449	449	4 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
450	450	5 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
451	451	6 (5) Dealing in a schedule I, II, or III controlled substance under
452	452	7 IC 35-48-4-2.
453	453	8 (6) Dealing in a schedule IV controlled substance under
454	454	9 IC 35-48-4-3.
455	455	10 (7) Dealing in a schedule V controlled substance under
456	456	11 IC 35-48-4-4.
457	457	12 (8) Dealing in a substance represented to be a controlled
458	458	13 substance under IC 35-48-4-4.5 (repealed).
459	459	14 (9) Knowingly or intentionally manufacturing, advertising,
460	460	15 distributing, or possessing with intent to manufacture, advertise,
461	461	16 or distribute a substance represented to be a controlled substance
462	462	17 under IC 35-48-4-4.6.
463	463	18 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
464	464	19 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
465	465	20 under IC 35-48-4-10.
466	466	21 (12) An offense under IC 35-48-4 involving the manufacture or
467	467	22 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
468	468	23 synthetic drug lookalike substance (as defined in
469	469	24 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
470	470	25 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
471	471	26 substance analog (as defined in IC 35-48-1-9.3), or a substance
472	472	27 represented to be a controlled substance (as described in
473	473	28 IC 35-48-4-4.6).
474	474	29 (13) A violation of any federal or state drug law or rule related to
475	475	30 wholesale legend drug distributors licensed under IC 25-26-14.
476	476	31 (i) A decision of the department under subsections (b) through (h)
477	477	32 may be appealed to the commission under IC 4-21.5-3-7.
478	478	33 (j) The department may temporarily suspend a practitioner's license
479	479	34 under IC 4-21.5-4 before a final adjudication or during the appeals
480	480	35 process if the department finds that a practitioner represents a clear and
481	481	36 immediate danger to the public's health, safety, or property if the
482	482	37 practitioner is allowed to continue to practice.
483	483	38 (k) On receipt of a complaint or an information alleging that a
484	484	39 person licensed under this chapter has engaged in or is engaging in a
485	485	40 practice that jeopardizes the public health, safety, or welfare, the
486	486	41 department shall initiate an investigation against the person.
487	487	42 (l) Any complaint filed with the office of the attorney general
488	488	2022 IN 354—LS 6961/DI 77 12
489	489	1 alleging a violation of this licensing program shall be referred to the
490	490	2 department for summary review and for its general information and any
491	491	3 authorized action at the time of the filing.
492	492	4 (m) The department shall conduct a fact finding investigation as the
493	493	5 department considers proper in relation to the complaint.
494	494	6 (n) The department may reinstate a license that has been suspended
495	495	7 under this section if, after a hearing, the department is satisfied that the
496	496	8 applicant is able to practice with reasonable skill, safety, and
497	497	9 competency to the public. As a condition of reinstatement, the
498	498	10 department may impose disciplinary or corrective measures authorized
499	499	11 under this chapter.
500	500	12 (o) The department may not reinstate a license that has been
501	501	13 revoked under this chapter. An individual whose license has been
502	502	14 revoked under this chapter may not apply for a new license until seven
503	503	15 (7) years after the date of revocation.
504	504	16 (p) The department shall seek to achieve consistency in the
505	505	17 application of sanctions authorized in this chapter. Significant
506	506	18 departures from prior decisions involving similar conduct must be
507	507	19 explained in the department's findings or orders.
508	508	20 (q) A practitioner may petition the department to accept the
509	509	21 surrender of the practitioner's license instead of having a hearing before
510	510	22 the commission. The practitioner may not surrender the practitioner's
511	511	23 license without the written approval of the department, and the
512	512	24 department may impose any conditions appropriate to the surrender or
513	513	25 reinstatement of a surrendered license.
514	514	26 (r) A practitioner who has been subjected to disciplinary sanctions
515	515	27 may be required by the commission to pay the costs of the proceeding.
516	516	28 The practitioner's ability to pay shall be considered when costs are
517	517	29 assessed. If the practitioner fails to pay the costs, a suspension may not
518	518	30 be imposed solely upon the practitioner's inability to pay the amount
519	519	31 assessed. The costs are limited to costs for the following:
520	520	32 (1) Court reporters.
521	521	33 (2) Transcripts.
522	522	34 (3) Certification of documents.
523	523	35 (4) Photo duplication.
524	524	36 (5) Witness attendance and mileage fees.
525	525	37 (6) Postage.
526	526	38 (7) Expert witnesses.
527	527	39 (8) Depositions.
528	528	40 (9) Notarizations.
529	529	41 SECTION 4. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
530	530	42 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
531	531	2022 IN 354—LS 6961/DI 77 13
532	532	1 JULY 1, 2022]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
533	533	2 commission, or a committee may suspend, deny, or revoke a license or
534	534	3 certificate issued under this title by the board, the commission, or the
535	535	4 committee without an investigation by the office of the attorney general
536	536	5 if the individual who holds the license or certificate is convicted of any
537	537	6 of the following and the board, commission, or committee determines,
538	538	7 after the individual has appeared in person, that the offense affects the
539	539	8 individual's ability to perform the duties of the profession:
540	540	9 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
541	541	10 (2) Possession of methamphetamine under IC 35-48-4-6.1.
542	542	11 (3) Possession of a controlled substance under IC 35-48-4-7(a).
543	543	12 (4) Fraudulently obtaining a controlled substance under
544	544	13 IC 35-48-4-7(c).
545	545	14 (5) Manufacture of paraphernalia as a Class D felony (for a crime
546	546	15 committed before July 1, 2014) or a Level 6 felony (for a crime
547	547	16 committed after June 30, 2014) under IC 35-48-4-8.1(b).
548	548	17 (6) Dealing in paraphernalia as a Class D felony (for a crime
549	549	18 committed before July 1, 2014) or a Level 6 felony (for a crime
550	550	19 committed after June 30, 2014) under IC 35-48-4-8.5(b).
551	551	20 (7) Possession of paraphernalia as a Class D felony (for a crime
552	552	21 committed before July 1, 2014) or a Level 6 felony (for a crime
553	553	22 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
554	554	23 its amendment on July 1, 2015).
555	555	24 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
556	556	25 D felony (for a crime committed before July 1, 2014) or a Level
557	557	26 6 felony (for a crime committed after June 30, 2014) under
558	558	27 IC 35-48-4-11.
559	559	28 (9) (8) A felony offense under IC 35-48-4 involving possession of
560	560	29 a synthetic drug (as defined in IC 35-31.5-2-321), possession of
561	561	30 a controlled substance analog (as defined in IC 35-48-1-9.3), or
562	562	31 possession of a synthetic drug lookalike substance (as defined in
563	563	32 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
564	564	33 (A) Class D felony for a crime committed before July 1, 2014;
565	565	34 or
566	566	35 (B) Level 6 felony for a crime committed after June 30, 2014;
567	567	36 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
568	568	37 (10) (9) Maintaining a common nuisance under IC 35-48-4-13
569	569	38 (repealed) or IC 35-45-1-5, if the common nuisance involves a
570	570	39 controlled substance.
571	571	40 (11) (10) An offense relating to registration, labeling, and
572	572	41 prescription forms under IC 35-48-4-14.
573	573	42 (12) (11) A sex crime under IC 35-42-4.
574	574	2022 IN 354—LS 6961/DI 77 14
575	575	1 (13) (12) A felony that reflects adversely on the individual's
576	576	2 fitness to hold a professional license.
577	577	3 SECTION 5. IC 31-37-2-8 IS ADDED TO THE INDIANA CODE
578	578	4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
579	579	5 1, 2022]: Sec. 8. A child commits a delinquent act if, before
580	580	6 becoming eighteen (18) years of age, the child violates
581	581	7 IC 35-48-4-11.2 concerning marijuana possession or consumption.
582	582	8 SECTION 6. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
583	583	9 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
584	584	10 JULY 1, 2022]: Sec. 11. (a) A person who:
585	585	11 (1) knowingly or intentionally possesses (pure or adulterated):
586	586	12 (A) more than two (2) ounces of marijuana;
587	587	13 (B) hash oil;
588	588	14 (C) hashish; or
589	589	15 (D) salvia;
590	590	16 (2) knowingly or intentionally grows or cultivates marijuana; or
591	591	17 (3) knowing that marijuana is growing on the person's premises,
592	592	18 fails to destroy the marijuana plants;
593	593	19 commits possession of marijuana, hash oil, hashish, or salvia, a Class
594	594	20 B misdemeanor, except as provided in subsections subsection (b).
595	595	21 through (c).
596	596	22 (b) The offense described in subsection (a) is a Class A
597	597	23 misdemeanor if:
598	598	24 (1) the person has a prior conviction for a drug offense; or
599	599	25 (2) the:
600	600	26 (A) marijuana, hash oil, hashish, or salvia is packaged in a
601	601	27 manner that appears to be low THC hemp extract; and
602	602	28 (B) person knew or reasonably should have known that the
603	603	29 product was marijuana, hash oil, hashish, or salvia.
604	604	30 (c) The offense described in subsection (a) is a Level 6 felony if:
605	605	31 (1) the person has a prior conviction for a drug offense; and
606	606	32 (2) the person possesses:
607	607	33 (A) at least thirty (30) grams of marijuana; or
608	608	34 (B) at least five (5) grams of hash oil, hashish, or salvia.
609	609	35 SECTION 7. IC 35-48-4-11.2 IS ADDED TO THE INDIANA
610	610	36 CODE AS A NEW SECTION TO READ AS FOLLOWS
611	611	37 [EFFECTIVE JULY 1, 2022]: Sec. 11.2. (a) A minor who knowingly
612	612	38 or intentionally:
613	613	39 (1) possesses marijuana; or
614	614	40 (2) consumes marijuana;
615	615	41 commits a Class C misdemeanor and commits a delinquent act
616	616	42 under IC 31-37-2.
617	617	2022 IN 354—LS 6961/DI 77 15
618	618	1 (b) If a minor is found to have violated subsection (a) while
619	619	2 operating a motor vehicle, the court may order the minor's driving
620	620	3 privileges suspended for up to one (1) year. However, the court
621	621	4 shall order the minor's driving privileges suspended for at least
622	622	5 sixty (60) days.
623	623	6 (c) The court shall deliver any order suspending a minor's
624	624	7 driving privileges under this section to the bureau of motor
625	625	8 vehicles, which shall suspend the minor's driving privileges under
626	626	9 IC 9-24-18-12.2 for the period ordered by the court.
627	627	2022 IN 354—LS 6961/DI 77