Indiana 2022 Regular Session

Indiana Senate Bill SB0414 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. 414
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-2.5-8-7; IC 6-8.1-1-1; IC 6-11; IC 7.1-8;
7	7	IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
8	8	IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
9	9	IC 34-24-1-1; IC 34-30-2-23.5; IC 35-31.5-2-185; IC 35-45-6-1;
10	10	IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
11	11	Synopsis: Cannabis legalization. Establishes a procedure for the
12	12	lawful production and sale of cannabis in Indiana. Makes conforming
13	13	amendments.
14	14	Effective: July 1, 2022.
15	15	Niezgodski
16	16	January 12, 2022, read first time and referred to Committee on Commerce and Technology.
17	17	2022 IN 414—LS 6821/DI 106 Introduced
18	18	Second Regular Session of the 122nd General Assembly (2022)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2021 Regular Session of the General Assembly.
28	28	SENATE BILL No. 414
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	criminal law and procedure.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 6-2.5-8-7, AS AMENDED BY P.L.156-2020,
33	33	2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2022]: Sec. 7. (a) The department may, for good cause, revoke
35	35	4 a certificate issued under section 1, 3, or 4 of this chapter. However,
36	36	5 the department must give the certificate holder at least five (5) days
37	37	6 notice before it revokes the certificate under this subsection. Good
38	38	7 cause for revocation may include the following:
39	39	8 (1) Failure to:
40	40	9 (A) file a return required under this chapter or for any tax
41	41	10 collected for the state in trust; or
42	42	11 (B) remit any tax collected for the state in trust.
43	43	12 (2) Being charged with a violation of any provision under IC 35.
44	44	13 (3) Being subject to a court order under IC 7.1-2-6-7,
45	45	14 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
46	46	15 (4) Being charged with a violation of IC 23-15-12.
47	47	16 (5) Operating as a retail merchant where the certificate issued
48	48	17 under section 1 of this chapter could have been denied under
49	49	2022 IN 414—LS 6821/DI 106 2
50	50	1 section 1(e) of this chapter prior to its issuance.
51	51	2 The department may revoke a certificate before a criminal adjudication
52	52	3 or without a criminal charge being filed. If the department gives notice
53	53	4 of an intent to revoke based on an alleged violation of subdivision (2),
54	54	5 the department shall hold a public hearing to determine whether good
55	55	6 cause exists. If the department finds in a public hearing by a
56	56	7 preponderance of the evidence that a person has committed a violation
57	57	8 described in subdivision (2), the department shall proceed in
58	58	9 accordance with subsection (i) (if the violation resulted in a criminal
59	59	10 conviction) or subsection (j) (if the violation resulted in a judgment for
60	60	11 an infraction).
61	61	12 (b) The department shall revoke a certificate issued under section
62	62	13 1, 3, or 4 of this chapter if, for a period of three (3) years, the certificate
63	63	14 holder fails to:
64	64	15 (1) file the returns required by IC 6-2.5-6-1; or
65	65	16 (2) report the collection of any state gross retail or use tax on the
66	66	17 returns filed under IC 6-2.5-6-1.
67	67	18 However, the department must give the certificate holder at least five
68	68	19 (5) days notice before it revokes the certificate.
69	69	20 (c) The department may, for good cause, revoke a certificate issued
70	70	21 under section 1 of this chapter after at least five (5) days notice to the
71	71	22 certificate holder if:
72	72	23 (1) the certificate holder is subject to an innkeeper's tax under
73	73	24 IC 6-9; and
74	74	25 (2) a board, bureau, or commission established under IC 6-9 files
75	75	26 a written statement with the department.
76	76	27 (d) The statement filed under subsection (c) must state that:
77	77	28 (1) information obtained by the board, bureau, or commission
78	78	29 under IC 6-8.1-7-1 indicates that the certificate holder has not
79	79	30 complied with IC 6-9; and
80	80	31 (2) the board, bureau, or commission has determined that
81	81	32 significant harm will result to the county from the certificate
82	82	33 holder's failure to comply with IC 6-9.
83	83	34 (e) The department shall revoke or suspend a certificate issued
84	84	35 under section 1 of this chapter after at least five (5) days notice to the
85	85	36 certificate holder if:
86	86	37 (1) the certificate holder owes taxes, penalties, fines, interest, or
87	87	38 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
88	88	39 days after the due date under IC 6-1.1; and
89	89	40 (2) the treasurer of the county to which the taxes are due requests
90	90	41 the department to revoke or suspend the certificate.
91	91	42 (f) The department shall reinstate a certificate suspended under
92	92	2022 IN 414—LS 6821/DI 106 3
93	93	1 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
94	94	2 or the county treasurer requests the department to reinstate the
95	95	3 certificate because an agreement for the payment of taxes and any
96	96	4 penalties due under IC 6-1.1 has been reached to the satisfaction of the
97	97	5 county treasurer.
98	98	6 (g) The department shall revoke a certificate issued under section
99	99	7 1 of this chapter after at least five (5) days notice to the certificate
100	100	8 holder if the department finds in a public hearing by a preponderance
101	101	9 of the evidence that the certificate holder has violated IC 35-45-5-3,
102	102	10 IC 35-45-5-3.5, or IC 35-45-5-4.
103	103	11 (h) If a person makes a payment for the certificate under section 1
104	104	12 or 3 of this chapter with a check, credit card, debit card, or electronic
105	105	13 funds transfer, and the department is unable to obtain payment of the
106	106	14 check, credit card, debit card, or electronic funds transfer for its full
107	107	15 face amount when the check, credit card, debit card, or electronic funds
108	108	16 transfer is presented for payment through normal banking channels, the
109	109	17 department shall notify the person by mail that the check, credit card,
110	110	18 debit card, or electronic funds transfer was not honored and that the
111	111	19 person has five (5) days after the notice is mailed to pay the fee in cash,
112	112	20 by certified check, or other guaranteed payment. If the person fails to
113	113	21 make the payment within the five (5) day period, the department shall
114	114	22 revoke the certificate.
115	115	23 (i) If the department finds in a public hearing by a preponderance of
116	116	24 the evidence that a person has a conviction for an offense under
117	117	25 IC 35-48-4 and the conviction involved the sale of or the offer to sell,
118	118	26 in the normal course of business, a synthetic drug (as defined in
119	119	27 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
120	120	28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled
121	121	29 substance analog (as defined in IC 35-48-1-9.3), or a substance
122	122	30 represented to be a controlled substance (as described in
123	123	31 IC 35-48-4-4.6) by a retail merchant in a place of business for which
124	124	32 the retail merchant has been issued a registered retail merchant
125	125	33 certificate under section 1 of this chapter, the department:
126	126	34 (1) shall suspend the registered retail merchant certificate for the
127	127	35 place of business for one (1) year; and
128	128	36 (2) may not issue another retail merchant certificate under section
129	129	37 1 of this chapter for one (1) year to any person:
130	130	38 (A) that:
131	131	39 (i) applied for; or
132	132	40 (ii) made a retail transaction under;
133	133	41 the retail merchant certificate suspended under subdivision
134	134	42 (1); or
135	135	2022 IN 414—LS 6821/DI 106 4
136	136	1 (B) that:
137	137	2 (i) owned or co-owned, directly or indirectly; or
138	138	3 (ii) was an officer, a director, a manager, or a partner of;
139	139	4 the retail merchant that was issued the retail merchant
140	140	5 certificate suspended under subdivision (1).
141	141	6 (j) If the department finds in a public hearing by a preponderance of
142	142	7 the evidence that a person has a judgment for a violation of
143	143	8 IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an infraction and
144	144	9 the violation involved the sale of or the offer to sell, in the normal
145	145	10 course of business, a synthetic drug or a synthetic drug lookalike
146	146	11 substance by a retail merchant in a place of business for which the
147	147	12 retail merchant has been issued a registered retail merchant certificate
148	148	13 under section 1 of this chapter, the department:
149	149	14 (1) may suspend the registered retail merchant certificate for the
150	150	15 place of business for six (6) months; and
151	151	16 (2) may withhold issuance of another retail merchant certificate
152	152	17 under section 1 of this chapter for six (6) months to any person:
153	153	18 (A) that:
154	154	19 (i) applied for; or
155	155	20 (ii) made a retail transaction under;
156	156	21 the retail merchant certificate suspended under subdivision
157	157	22 (1); or
158	158	23 (B) that:
159	159	24 (i) owned or co-owned, directly or indirectly; or
160	160	25 (ii) was an officer, a director, a manager, or a partner of;
161	161	26 the retail merchant that was issued the retail merchant
162	162	27 certificate suspended under subdivision (1).
163	163	28 (k) If the department finds in a public hearing by a preponderance
164	164	29 of the evidence that a person has a conviction for a violation of
165	165	30 IC 35-48-4-10(d)(3) IC 35-48-4-10(e) and the conviction involved an
166	166	31 offense committed by a retail merchant in a place of business for which
167	167	32 the retail merchant has been issued a registered retail merchant
168	168	33 certificate under section 1 of this chapter, the department:
169	169	34 (1) shall suspend the registered retail merchant certificate for the
170	170	35 place of business for one (1) year; and
171	171	36 (2) may not issue another retail merchant certificate under section
172	172	37 1 of this chapter for one (1) year to any person:
173	173	38 (A) that:
174	174	39 (i) applied for; or
175	175	40 (ii) made a retail transaction under;
176	176	41 the retail merchant certificate suspended under subdivision
177	177	42 (1); or
178	178	2022 IN 414—LS 6821/DI 106 5
179	179	1 (B) that:
180	180	2 (i) owned or co-owned, directly or indirectly; or
181	181	3 (ii) was an officer, a director, a manager, or a partner of;
182	182	4 the retail merchant that was issued the retail merchant
183	183	5 certificate suspended under subdivision (1).
184	184	6 SECTION 2. IC 6-8.1-1-1, AS AMENDED BY P.L.165-2021,
185	185	7 SECTION 120, IS AMENDED TO READ AS FOLLOWS
186	186	8 [EFFECTIVE JULY 1, 2022]: Sec. 1. "Listed taxes" or "taxes" includes
187	187	9 only the pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the
188	188	10 supplemental wagering tax (IC 4-33-12); the riverboat wagering tax (IC
189	189	11 4-33-13); the slot machine wagering tax (IC 4-35-8); the type II
190	190	12 gambling game excise tax (IC 4-36-9); the gross income tax (IC 6-2.1)
191	191	13 (repealed); the utility receipts and utility services use taxes (IC 6-2.3);
192	192	14 the state gross retail and use taxes (IC 6-2.5); the adjusted gross income
193	193	15 tax (IC 6-3); the supplemental net income tax (IC 6-3-8) (repealed); the
194	194	16 county adjusted gross income tax (IC 6-3.5-1.1) (repealed); the county
195	195	17 option income tax (IC 6-3.5-6) (repealed); the county economic
196	196	18 development income tax (IC 6-3.5-7) (repealed); the local income tax
197	197	19 (IC 6-3.6); the auto rental excise tax (IC 6-6-9); the financial
198	198	20 institutions tax (IC 6-5.5); the gasoline tax (IC 6-6-1.1); the special fuel
199	199	21 tax (IC 6-6-2.5); the motor carrier fuel tax (IC 6-6-4.1); a motor fuel tax
200	200	22 collected under a reciprocal agreement under IC 6-8.1-3; the vehicle
201	201	23 excise tax (IC 6-6-5); the aviation fuel excise tax (IC 6-6-13); the
202	202	24 commercial vehicle excise tax (IC 6-6-5.5); the excise tax imposed on
203	203	25 recreational vehicles and truck campers (IC 6-6-5.1); the hazardous
204	204	26 waste disposal tax (IC 6-6-6.6) (repealed); the heavy equipment rental
205	205	27 excise tax (IC 6-6-15); the vehicle sharing excise tax (IC 6-6-16); the
206	206	28 cigarette tax (IC 6-7-1); the closed system cartridge tax (IC 6-7-2-7.5);
207	207	29 the electronic cigarette tax (IC 6-7-4); the cannabis excise tax (IC
208	208	30 6-11); the beer excise tax (IC 7.1-4-2); the liquor excise tax (IC
209	209	31 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard cider excise tax (IC
210	210	32 7.1-4-4.5); the petroleum severance tax (IC 6-8-1); the various
211	211	33 innkeeper's taxes (IC 6-9); the various food and beverage taxes (IC
212	212	34 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28); the oil
213	213	35 inspection fee (IC 16-44-2); the penalties assessed for oversize vehicles
214	214	36 (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
215	215	37 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
216	216	38 fee that the department is required to collect or administer.
217	217	39 SECTION 3. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
218	218	40 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
219	219	41 2022]:
220	220	42 ARTICLE 11. CANNABIS EXCISE TAX
221	221	2022 IN 414—LS 6821/DI 106 6
222	222	1 Chapter 1. Imposition and Collection of Tax
223	223	2 Sec. 1. The following definitions apply throughout this article:
224	224	3 (1)"Department" refers to the department of state revenue.
225	225	4 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
226	226	5 (3)"Retailer permittee" means a person who holds a cannabis
227	227	6 retailer permit issued under IC 7.1-8-15.
228	228	7 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
229	229	8 a rate of ten percent (10%) of the sales price per ounce of cannabis.
230	230	9 This tax shall be paid to the department by the retailer permittee
231	231	10 who sells the cannabis.
232	232	11 Sec. 3. (a) Every person subject to the tax under this article shall
233	233	12 remit the tax owed to the department before the fifteenth day of
234	234	13 the month following the month in which the cannabis is sold.
235	235	14 (b) The department shall prescribe the return to be filed for the
236	236	15 payment of the tax.
237	237	16 Sec. 4. The amounts received from the tax imposed by this
238	238	17 article shall be transferred by the auditor of state to the state
239	239	18 general fund.
240	240	19 Sec. 5. The department has full power to administer and enforce
241	241	20 this chapter, to collect all taxes and penalties due, and to dispose of
242	242	21 taxes and penalties so collected as provided by law. The tax is a
243	243	22 listed tax for purposes of IC 6-8.1.
244	244	23 Sec. 6. Except as otherwise provided in this article, a tax
245	245	24 imposed under this chapter shall be imposed, paid, and collected in
246	246	25 the same manner that the state gross retail tax is imposed, paid,
247	247	26 and collected under IC 6-2.5.
248	248	27 Sec. 7. The department shall adopt rules under IC 4-22-2 to
249	249	28 implement this article.
250	250	29 SECTION 4. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
251	251	30 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
252	252	31 2022]:
253	253	32 ARTICLE 8. CANNABIS
254	254	33 Chapter 1. Definitions
255	255	34 Sec. 1. The following definitions apply throughout this article
256	256	35 unless the context clearly requires otherwise:
257	257	36 (1) "Applicant" means a person who applies for a permit
258	258	37 under this article.
259	259	38 (2) "Batch" means cannabis plants that have been grown
260	260	39 together.
261	261	40 (3) "Cannabis" means any part of the plant genus Cannabis
262	262	41 whether growing or not, the seeds thereof, and any compound,
263	263	42 manufacture, salt, derivative, mixture, or preparation of the
264	264	2022 IN 414—LS 6821/DI 106 7
265	265	1 plant or its seeds. However, the term does not include:
266	266	2 (A) the mature stalks of the plant;
267	267	3 (B) fiber produced from the stalks;
268	268	4 (C) oil or cake made from the seeds of the plant;
269	269	5 (D) any other compound, manufacture, salt, derivative,
270	270	6 mixture, or preparation of the mature stalks (except the
271	271	7 resin extracted therefrom);
272	272	8 (E) the sterilized seed of the plant which is incapable of
273	273	9 germination;
274	274	10 (F) hemp (as defined in IC 15-15-13-6);
275	275	11 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
276	276	12 or
277	277	13 (H) smokable hemp (as defined in IC 35-48-1-26.6).
278	278	14 (4) "Cannabis canopy" means the surface area utilized to
279	279	15 grow cannabis plants calculated in square feet and measured
280	280	16 using the outside boundaries of any area that includes
281	281	17 cannabis plants, including all of the space within the
282	282	18 boundaries.
283	283	19 (5) "Cannabis permittee" means an individual, partnership,
284	284	20 company, or corporation permitted to grow, process,
285	285	21 transport, or sell cannabis for commercial purposes in
286	286	22 Indiana. However, the term does not include a person who
287	287	23 grows cannabis for personal use.
288	288	24 (6) "Carrier" means a person who is engaged in the
289	289	25 transportation of cannabis or cannabis products between a
290	290	26 grower, a processor, and a retailer and holds a permit issued
291	291	27 under IC 7.1-8-14.
292	292	28 (7) "Commission" means the cannabis commission established
293	293	29 by IC 7.1-8-2-1.
294	294	30 (8) "Crop" means any cannabis grown under a single permit.
295	295	31 (9) "Grower" means an individual, partnership, company, or
296	296	32 corporation that produces cannabis for commercial purposes
297	297	33 and that holds a permit issued under IC 7.1-8-12.
298	298	34 (10) "Integrated permittee" means a permittee who holds a
299	299	35 grower permit, a processor permit, and a retailer permit.
300	300	36 (11) "Permit" means a written authorization issued by the
301	301	37 commission entitling the holder to grow, process, transport,
302	302	38 sell, test, or otherwise deal in cannabis, as provided in this
303	303	39 article.
304	304	40 (12) "Permittee" means a person who holds a valid permit
305	305	41 under this article, including an agent of, employee of, or
306	306	42 another person acting on behalf of, a permittee.
307	307	2022 IN 414—LS 6821/DI 106 8
308	308	1 (13) "Personally cultivate" means to grow cannabis for
309	309	2 personal household use.
310	310	3 (14) "Processor" means an individual, partnership, company,
311	311	4 or corporation holding a permit issued under IC 7.1-8-13 that
312	312	5 obtains cannabis from a grower and:
313	313	6 (A) extracts botanical compounds or cannabinoids from
314	314	7 the cannabis;
315	315	8 (B) creates a cannabis infused product; or
316	316	9 (C) prepares or packages cannabis for retail sale for sale
317	317	10 or transfer.
318	318	11 (15) "Retailer" means an individual, partnership, company,
319	319	12 or corporation that holds a permit under IC 7.1-8-15 and that,
320	320	13 in the ordinary course of the person's regular trade or
321	321	14 business:
322	322	15 (A) acquires any form of cannabis for the purpose of
323	323	16 resale; and
324	324	17 (B) transfers the cannabis to another person for money or
325	325	18 other consideration.
326	326	19 (16) "Statewide monitoring system" means the statewide
327	327	20 cannabis tracking and monitoring system established under
328	328	21 IC 7.1-8-17.
329	329	22 Chapter 2. Cannabis Commission
330	330	23 Sec. 1. The cannabis commission is established.
331	331	24 Sec. 2. The commission consists of the following five (5) voting
332	332	25 members and one (1) nonvoting member:
333	333	26 (1) One (1) member appointed by the speaker of the house of
334	334	27 representatives.
335	335	28 (2) One (1) member appointed by the minority leader of the
336	336	29 house of representatives.
337	337	30 (3) One (1) member appointed by the president pro tempore
338	338	31 of the senate.
339	339	32 (4) One (1) member appointed by the minority leader of the
340	340	33 senate.
341	341	34 (5) One (1) member appointed by the governor, who shall
342	342	35 serve as chairperson of the commission.
343	343	36 (6) The executive director of the commission or the executive
344	344	37 director's designee, who serves ex officio as a nonvoting
345	345	38 member.
346	346	39 Sec. 3. (a) A commissioner is eligible for reappointment.
347	347	40 (b) Not more than three (3) commissioners may be members of
348	348	41 the same political party.
349	349	42 (c) A commissioner shall be appointed to a four (4) year term
350	350	2022 IN 414—LS 6821/DI 106 9
351	351	1 and may be removed only for cause. An appointment to fill a
352	352	2 vacancy shall be made in the same manner that an original
353	353	3 appointment is made. A member appointed to fill a vacancy in the
354	354	4 membership of the commission may serve only for the unexpired
355	355	5 portion of the original, vacated term, but may be reappointed.
356	356	6 Sec. 4. To be eligible for appointment as a commissioner an
357	357	7 individual must have the following qualifications:
358	358	8 (1) The individual may not be employed by the state in any
359	359	9 other capacity.
360	360	10 (2) The individual must have been an Indiana resident for at
361	361	11 least ten (10) years immediately preceding the appointment.
362	362	12 (3) The individual may not have a financial interest in a
363	363	13 cannabis permittee or in an entity governed by:
364	364	14 (A) this title;
365	365	15 (B) IC 4-29;
366	366	16 (C) IC 4-29.5;
367	367	17 (D) IC 4-31;
368	368	18 (E) IC 4-32.3;
369	369	19 (F) IC 4-33;
370	370	20 (G) IC 4-35; or
371	371	21 (H) IC 4-36.
372	372	22 (4) The individual may not have been convicted within ten
373	373	23 (10) years before the date of appointment of:
374	374	24 (A) a federal crime having a sentence of greater than one
375	375	25 (1) year;
376	376	26 (B) a Class A, Class B, or Class C felony (for a crime
377	377	27 committed before July 1, 2014) or a Level 1, Level 2, Level
378	378	28 3, Level 4, or Level 5 felony (for a crime committed after
379	379	29 June 30, 2014); or
380	380	30 (C) a crime in another state that is substantially similar to
381	381	31 a crime described in clause (B).
382	382	32 Sec. 5. As compensation for services, each commissioner is
383	383	33 entitled to the minimum salary per diem provided by
384	384	34 IC 4-10-11-2.1(b). A commissioner is also entitled to
385	385	35 reimbursement for traveling expenses as provided under
386	386	36 IC 4-13-1-4 and other expenses actually incurred in connection
387	387	37 with the commissioner's duties as provided in the state policies and
388	388	38 procedures established by the Indiana department of
389	389	39 administration and approved by the budget agency.
390	390	40 Sec. 6. (a) Each commissioner shall execute a surety bond in the
391	391	41 amount of ten thousand dollars ($10,000), with surety approved by
392	392	42 the governor, and an oath of office, both of which shall be filed in
393	393	2022 IN 414—LS 6821/DI 106 10
394	394	1 the office of the secretary of state.
395	395	2 (b) The required surety bond executed and filed on behalf of a
396	396	3 commissioner, an enforcement officer (under IC 7.1-8-5), or the
397	397	4 prosecutor (under IC 7.1-8-3) shall be made payable to the State of
398	398	5 Indiana and conditioned upon the faithful discharge of the bonded
399	399	6 party's respective duties.
400	400	7 Sec. 7. The commission shall hold regular meetings on a
401	401	8 quarterly basis at a minimum. The commission may hold special
402	402	9 meetings whenever the commission deems it necessary. The
403	403	10 procedure for the calling of a special meeting shall be provided for
404	404	11 in the rules of the commission. The commission has the power to
405	405	12 adjourn, from time to time, both regular and special meetings. In
406	406	13 no event, however, shall the adjournment be later than the next
407	407	14 regular meeting date.
408	408	15 Sec. 8. (a) Three (3) members of the commission constitute a
409	409	16 quorum for the transaction of business.
410	410	17 (b) Each commissioner has one (1) vote.
411	411	18 (c) Action of the commission may be taken only upon the
412	412	19 affirmative votes of at least two (2) commissioners. If a vote of the
413	413	20 commission is a tie, the position for which the chairperson voted
414	414	21 prevails, as long as that position has received the affirmative votes
415	415	22 of at least two (2) commissioners.
416	416	23 Sec. 9. A commissioner may not solicit or accept a political
417	417	24 contribution from any person or entity that has a permit or has
418	418	25 applied for a permit issued by the commission. However, the right
419	419	26 of a commissioner to vote as the commissioner chooses and to
420	420	27 express the commissioner's opinions on political subjects and
421	421	28 candidates may not be impaired.
422	422	29 Sec. 10. (a) As used in this section, "fund" means the cannabis
423	423	30 regulation fund established by subsection (b).
424	424	31 (b) The cannabis regulation fund is established for the purpose
425	425	32 of implementing, administering, and enforcing this article. The
426	426	33 fund shall be administered by the commission.
427	427	34 (c) The fund consists of fees and civil penalties collected under
428	428	35 this article.
429	429	36 (d) The expenses of administering the fund shall be paid from
430	430	37 money in the fund.
431	431	38 (e) The treasurer of state shall invest the money in the fund not
432	432	39 currently needed to meet the obligations of the fund in the same
433	433	40 manner as other public money may be invested. Interest that
434	434	41 accrues from these investments shall be deposited in the fund.
435	435	42 (f) Money in the fund at the end of a state fiscal year does not
436	436	2022 IN 414—LS 6821/DI 106 11
437	437	1 revert to the state general fund. However, the treasurer shall
438	438	2 distribute money in the fund at the end of a state fiscal year as
439	439	3 follows:
440	440	4 (1) Fifteen percent (15%) to prosecuting attorneys in counties
441	441	5 in which a cannabis retail facility is located, allocated in
442	442	6 proportion to the number of cannabis retail facilities within
443	443	7 the county as compared to the total number of cannabis retail
444	444	8 facilities in Indiana.
445	445	9 (2) Fifteen percent (15%) to cities, towns, and counties (if a
446	446	10 facility is not located in a city or town) in which a cannabis
447	447	11 growing facility, processing facility, or retail facility is
448	448	12 located, allocated in proportion to the number of growing
449	449	13 facilities, processing facilities, and retail facilities in Indiana.
450	450	14 (3) Twenty percent (20%) to the state department of health to
451	451	15 be used to develop, in consultation with the department of
452	452	16 education, a cannabis abuse prevention and education
453	453	17 program for youth.
454	454	18 (4) Twenty-five percent (25%) to the state department of
455	455	19 health for use by the division of mental health and addiction.
456	456	20 (5) Twenty-five percent (25%) to the state police department.
457	457	21 Chapter 3. Office of the Prosecutor
458	458	22 Sec. 1. The office of the prosecutor is established within the
459	459	23 commission.
460	460	24 Sec. 2. The prosecutor shall be appointed by the governor for a
461	461	25 term of four (4) years to be served at the pleasure of the governor.
462	462	26 The prosecutor must be a resident of Indiana and licensed to
463	463	27 practice law in Indiana.
464	464	28 Sec. 3. The prosecutor shall execute a surety bond in the amount
465	465	29 of five thousand dollars ($5,000), with surety approved by the
466	466	30 governor, and an oath of office, both of which shall be filed in the
467	467	31 office of the secretary of state.
468	468	32 Sec. 4. As compensation for services, the prosecutor shall
469	469	33 receive an annual salary to be fixed in the same manner that the
470	470	34 salaries of other state officials are fixed. In addition to the annual
471	471	35 salary, the prosecutor shall be reimbursed for traveling and other
472	472	36 expenses necessarily incurred while away from the office carrying
473	473	37 out prosecutorial duties.
474	474	38 Sec. 5. The prosecutor has the following powers and duties:
475	475	39 (1) To prosecute before the commission all violations of laws
476	476	40 pertaining to cannabis or cannabis products.
477	477	41 (2) To prosecute before the commission all violations of the
478	478	42 rules of the commission.
479	479	2022 IN 414—LS 6821/DI 106 12
480	480	1 (3) To assist the prosecuting attorneys of the various judicial
481	481	2 circuits in the investigation and prosecution of violations of
482	482	3 laws pertaining to cannabis or cannabis products.
483	483	4 (4) To appear before grand juries to assist in their
484	484	5 investigations into matters pertaining to cannabis or cannabis
485	485	6 products.
486	486	7 (5) To establish a seal of office.
487	487	8 (6) To administer oaths and to do all other acts authorized by
488	488	9 law for notaries public.
489	489	10 (7) To employ, with the consent of the commission and at
490	490	11 salaries fixed by the commission in its budget, the clerical staff
491	491	12 required to effectively discharge the duties of the prosecutor.
492	492	13 Sec. 6. The commission shall provide the prosecutor with
493	493	14 appropriate office space and all necessary office supplies and
494	494	15 services. All claims for salaries and necessary expenses of the office
495	495	16 of the prosecutor shall be allowed and approved and paid by the
496	496	17 commission.
497	497	18 Chapter 4. Executive Director
498	498	19 Sec. 1. The commission shall employ an executive director to aid
499	499	20 the commission in the efficient administration of its powers and
500	500	21 duties.
501	501	22 Sec. 2. The executive director's compensation shall be approved
502	502	23 annually by the commission.
503	503	24 Sec. 3. The commission may by resolution assign to the executive
504	504	25 director any duty imposed upon the commission by this article.
505	505	26 Sec. 4. The executive director shall perform the duties assigned
506	506	27 to the executive director by the commission. The executive director
507	507	28 may exercise any power conferred upon the commission by this
508	508	29 article that is consistent with the duties assigned to the executive
509	509	30 director under this chapter.
510	510	31 Sec. 5. In addition to any salary paid under this section, the
511	511	32 executive director is entitled to reimbursement for traveling
512	512	33 expenses and other expenses actually incurred in connection with
513	513	34 the executive director's duties, as provided in the state travel
514	514	35 policies and procedures established by the department of
515	515	36 administration and approved by the budget agency.
516	516	37 Chapter 5. Enforcement Officers
517	517	38 Sec. 1. The commission may employ a superintendent of the
518	518	39 enforcement officers and qualified individuals to serve as
519	519	40 enforcement officers of the commission.
520	520	41 Sec. 2. The superintendent of the enforcement officers must
521	521	42 have had at least ten (10) years experience as an active law
522	522	2022 IN 414—LS 6821/DI 106 13
523	523	1 enforcement officer, at least five (5) years of which must have been
524	524	2 in a management capacity.
525	525	3 Sec. 3. An enforcement officer who has completed the required
526	526	4 training at the Indiana law enforcement academy is vested with full
527	527	5 police powers and duties to enforce:
528	528	6 (1) the provisions of this article; and
529	529	7 (2) any other Indiana law relating to cannabis and cannabis
530	530	8 products.
531	531	9 Sec. 4. An enforcement officer may issue a summons for
532	532	10 infraction or misdemeanor violations if the defendant promises to
533	533	11 appear by signing the summons. A defendant who fails to appear
534	534	12 is subject to the penalties provided by IC 35-44.1-2-10. Upon
535	535	13 failure to appear, the court shall issue a warrant for the arrest of
536	536	14 the defendant.
537	537	15 Sec. 5. An enforcement officer may act as an officer for the
538	538	16 arrest of offenders against Indiana law if the enforcement officer
539	539	17 reasonably believes that a crime is or is about to be committed or
540	540	18 attempted in the enforcement officer's presence.
541	541	19 Sec. 6. Each enforcement officer shall execute a surety bond in
542	542	20 the amount of one thousand dollars ($1,000), with surety approved
543	543	21 by the commission, and an oath of office, both of which shall be
544	544	22 filed with the executive secretary of the commission.
545	545	23 Sec. 7. An eligible enforcement officer who retires with at least
546	546	24 twenty (20) years of service as an enforcement officer may retain
547	547	25 the officer's service weapon. The officer is entitled to receive, in
548	548	26 recognition of the officer's service to the commission and to the
549	549	27 public, a badge that indicates that the officer is retired. The
550	550	28 commission shall issue to the officer who is retiring an
551	551	29 identification card stating the officer's name and rank, signifying
552	552	30 that the officer is retired, and noting the officer's authority to
553	553	31 retain the service weapon.
554	554	32 Sec. 8. The commission has the power to employ and remove at
555	555	33 will all necessary employees, and to fix their duties, authority, and,
556	556	34 with proper approval, their compensation.
557	557	35 Sec. 9. The superintendent of the enforcement officers may
558	558	36 discharge a nonprobationary enforcement officer for just cause.
559	559	37 The commission shall adopt rules to establish a probationary
560	560	38 period and a procedure for the adjudication of the propriety of the
561	561	39 discharge of a nonprobationary enforcement officer.
562	562	40 Sec. 10. (a) The commission shall categorize salaries of
563	563	41 enforcement officers within each rank based upon the rank held
564	564	42 and the number of years of service in the commission through the
565	565	2022 IN 414—LS 6821/DI 106 14
566	566	1 twentieth year. The salary ranges that the commission assigns to
567	567	2 each rank shall be divided into a base salary and twenty (20)
568	568	3 increments above the base salary with:
569	569	4 (1) the base salary in the rank paid to a person with less than
570	570	5 one (1) year of service in the commission; and
571	571	6 (2) the highest salary in the rank paid to a person with at least
572	572	7 twenty (20) years of service in the commission.
573	573	8 (b) The salary matrix prescribed by this section shall be
574	574	9 reviewed and approved by the budget agency before
575	575	10 implementation.
576	576	11 (c) The salary matrix prescribed by this section must have
577	577	12 parity with the salary matrix prescribed by the natural resources
578	578	13 commission under IC 14-9-8 for conservation officers of the
579	579	14 department of natural resources. The budget agency shall approve
580	580	15 a salary matrix that meets the parity requirement of this
581	581	16 subsection.
582	582	17 Chapter 6. Duties and Responsibilities of the Commission
583	583	18 Sec. 1. The chairperson is the presiding officer at the meetings
584	584	19 of the commission. The chairperson, together with the executive
585	585	20 director, shall prepare, certify, and authenticate all proceedings,
586	586	21 minutes, records, and rules of the commission. The chairperson or
587	587	22 the chairperson's designee also shall perform all other duties as
588	588	23 imposed by this article.
589	589	24 Sec. 2. The commission has the power to organize its work and
590	590	25 carry on the functions of the commission and to enforce and
591	591	26 administer the provisions of this chapter and the rules of the
592	592	27 commission.
593	593	28 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
594	594	29 power to prescribe the forms for all applications, permits, licenses,
595	595	30 certificates, and other documents and records used in the
596	596	31 administration of this chapter.
597	597	32 Sec. 4. The commission has the power to:
598	598	33 (1) hold hearings before the commission or its representative;
599	599	34 (2) take testimony and receive evidence;
600	600	35 (3) conduct inquiries with or without hearings;
601	601	36 (4) receive reports of investigators or other governmental
602	602	37 officers and employees;
603	603	38 (5) administer oaths;
604	604	39 (6) subpoena witnesses and to compel them to appear and
605	605	40 testify;
606	606	41 (7) issue and enforce subpoenas duces tecum;
607	607	42 (8) take or institute proceedings to enforce subpoenas, and the
608	608	2022 IN 414—LS 6821/DI 106 15
609	609	1 rules, orders, or requirements of the commission or its
610	610	2 representative;
611	611	3 (9) fix the compensation paid to witnesses appearing before
612	612	4 the commission;
613	613	5 (10) establish and use the seal of the commission;
614	614	6 (11) certify copies of records of the commission or any other
615	615	7 document or record on file with the commission;
616	616	8 (12) fix the form, mode, manner, time, and number of times
617	617	9 for the posting or publication of any required notices if not
618	618	10 otherwise provided in this chapter;
619	619	11 (13) issue letters of extension as authorized by this chapter;
620	620	12 and
621	621	13 (14) hold permits on deposit as authorized by this chapter.
622	622	14 Sec. 5. (a) The commission shall prepare a quarterly report that
623	623	15 describes the violations by permittees subject to an enforcement
624	624	16 action under this article. Beginning in January 2023, the
625	625	17 commission shall issue the quarterly reports on or before the
626	626	18 fifteenth day of:
627	627	19 (1) January, concerning violations committed during the
628	628	20 preceding quarter consisting of the months of October
629	629	21 through December;
630	630	22 (2) April, concerning violations committed during the
631	631	23 preceding quarter consisting of the months of January
632	632	24 through March;
633	633	25 (3) July, concerning violations committed during the
634	634	26 preceding quarter consisting of the months of April through
635	635	27 June; and
636	636	28 (4) October, concerning violations committed during the
637	637	29 preceding quarter consisting of the months of July through
638	638	30 September.
639	639	31 (b) The commission's quarterly report must provide
640	640	32 noncompliance violations by:
641	641	33 (1) business listing;
642	642	34 (2) permit type; and
643	643	35 (3) county.
644	644	36 (c) The commission shall post the quarterly reports on the
645	645	37 commission's Internet web site. The commission shall:
646	646	38 (1) prepare a report annually that compiles the violations for
647	647	39 the preceding calendar year; and
648	648	40 (2) provide the report to the legislative council not later than
649	649	41 February 1 of each year in an electronic format under
650	650	42 IC 5-14-6.
651	651	2022 IN 414—LS 6821/DI 106 16
652	652	1 Sec. 6. The commission has the authority to petition the circuit
653	653	2 or superior court of the county in which the hearing or
654	654	3 investigation is being held to compel obedience to the lawful
655	655	4 requirements of its subpoena under this chapter.
656	656	5 Sec. 7. The commission is responsible for the enforcement and
657	657	6 administration of this article.
658	658	7 Sec. 8. The commission shall adopt rules in accordance with
659	659	8 IC 4-22-2 to implement and administer this article.
660	660	9 Sec. 9. The commission has the power to adopt rules governing
661	661	10 the following:
662	662	11 (1) The conduct of the meetings and business of the
663	663	12 commission.
664	664	13 (2) The conduct of hearings before any of the commission's
665	665	14 representatives.
666	666	15 (3) The conduct of the business of a permittee authorized or
667	667	16 governed by the provisions of this article.
668	668	17 (4) The enforcement of the provisions of this article and of the
669	669	18 rules of the commission.
670	670	19 (5) The standards of purity and methods of processing used in
671	671	20 the production of cannabis and cannabis products.
672	672	21 (6) The prevention of misbranding or adulteration of cannabis
673	673	22 and cannabis products.
674	674	23 (7) The prevention of fraud, evasion, trickery, or deceit in the
675	675	24 processing, labeling, advertisement, transportation, or sale of
676	676	25 cannabis or cannabis products, or the evasion of other
677	677	26 Indiana law relating to cannabis or cannabis products.
678	678	27 Chapter 7. Regulation of Permits and Permittees
679	679	28 Sec. 1. The commission has the discretionary authority to issue,
680	680	29 deny, suspend, revoke, or not renew all permits and certificates
681	681	30 authorized by this article, unless the exercise of discretion or
682	682	31 authority is limited by applicable provisions of this article.
683	683	32 Sec. 2. (a) The commission shall prepare and maintain, available
684	684	33 for public inspection, a registry of all permits issued by the
685	685	34 commission, categorized by type of permit and by the type of
686	686	35 establishment to which the permit is issued. The registry of permits
687	687	36 must:
688	688	37 (1) be subdivided on a county by county basis, and further
689	689	38 subdivided by city, town, and unincorporated area;
690	690	39 (2) contain the number of permits authorized by the quota,
691	691	40 and the number of permits currently issued;
692	692	41 (3) contain the name of the owner of the permit, the address
693	693	42 of the permitted premises, the assumed business name under
694	694	2022 IN 414—LS 6821/DI 106 17
695	695	1 which the business is conducted, and, if a corporation, the
696	696	2 names of the president and secretary; and
697	697	3 (4) be made current annually, to indicate by specific notation
698	698	4 any new permits that were issued or any existing permits that
699	699	5 were transferred in any manner within the prior year.
700	700	6 (b) The registry of permits is a public record.
701	701	7 Sec. 3. The commission has the power to investigate applicants
702	702	8 and permittees, and any violation of a provision of this article and
703	703	9 of the rules of the commission, and to report its findings to the
704	704	10 prosecuting attorney or the grand jury of the county in which the
705	705	11 violation occurred, or to the attorney general.
706	706	12 Sec. 4. The commission has the power to prohibit the sale,
707	707	13 transportation, or movement of cannabis when, in the judgment of
708	708	14 the commission, it is necessary during a time of public emergency,
709	709	15 civil disturbance, riot, or epidemic. The prohibition may be
710	710	16 imposed without prior notice or advertisement and may be
711	711	17 continued in force as long as the need continues.
712	712	18 Sec. 5. (a) The commission has the power to examine, inspect,
713	713	19 and search a permitted premises or a vehicle where cannabis or
714	714	20 cannabis products are kept, processed, or sold.
715	715	21 (b) The commission has the power to seize cannabis or cannabis
716	716	22 products, or any other personal property when the seizure is lawful
717	717	23 under the provisions of this article.
718	718	24 Sec. 6. The commission has the power to prevent a part of the
719	719	25 premises connected with, or in any way used in connection with, a
720	720	26 permitted premises, from being used as a subterfuge or means of
721	721	27 evading the provisions of this article or of the rules of the
722	722	28 commission.
723	723	29 Sec. 7. The commission has the power to set standards of
724	724	30 cleanliness and sanitation for a permitted premises and for the
725	725	31 apparatus, equipment, utensils, accessories, articles, and fixtures
726	726	32 used or employed in the permitted premises.
727	727	33 Sec. 8. The commission has the power to require the destruction
728	728	34 or removal of cases, containers, apparatus, or devices, used or
729	729	35 likely to be used, in evading, violating, or preventing the
730	730	36 enforcement of the provisions of this article or of the rules of the
731	731	37 commission.
732	732	38 Sec. 9. (a) The commission has the power to regulate and
733	733	39 prohibit advertising, signs, displays, posters, and designs intended
734	734	40 to advertise cannabis, a cannabis product, or the place where
735	735	41 cannabis or cannabis products are sold.
736	736	42 (b) The commission may not exercise the prohibition power
737	737	2022 IN 414—LS 6821/DI 106 18
738	738	1 contained in subsection (a) as to any advertisement broadcast over
739	739	2 licensed radio and television stations.
740	740	3 (c) All advertisements relating to cannabis or cannabis products
741	741	4 must conform to the rules of the commission.
742	742	5 (d) The commission shall not exercise the prohibition power
743	743	6 contained in subsection (a) as to advertising in the official program
744	744	7 of the Indianapolis 500 Race.
745	745	8 (e) Notwithstanding any other law, the commission may not
746	746	9 prohibit the use of an illuminated sign advertising cannabis or
747	747	10 cannabis products by brand name that is displayed within the
748	748	11 interior or on the exterior of the premises covered by the permit,
749	749	12 regardless of whether the sign is illuminated constantly or
750	750	13 intermittently.
751	751	14 (f) The commission may not prohibit the advertisement of:
752	752	15 (1) cannabis or cannabis products; or
753	753	16 (2) a place where cannabis or cannabis products may be
754	754	17 obtained;
755	755	18 in a program, scorecard, handbill, throw-away newspaper, or
756	756	19 menu. However, advertisements described in this subsection must
757	757	20 conform to the rules of the commission.
758	758	21 (g) Cannabis or cannabis products must be marketed or
759	759	22 advertised as "cannabis" for use only by persons at least
760	760	23 twenty-one (21) years of age.
761	761	24 (h) Cannabis or cannabis products may not be marketed or
762	762	25 advertised to persons less than twenty-one (21) years of age.
763	763	26 Sponsorships targeted at persons less than twenty-one (21) years
764	764	27 of age are prohibited.
765	765	28 (i) Cannabis or cannabis products may not be advertised on any
766	766	29 television program, radio program, Internet web site, or print
767	767	30 publication unless there is reliable evidence that seventy percent
768	768	31 (70%) of the audience is reasonably expected to be at least
769	769	32 twenty-one (21) years of age.
770	770	33 (j) Any cannabis or cannabis products advertised must bear a
771	771	34 warning label stating the following:
772	772	35 "For use by adults only. Keep out of reach of children. It is
773	773	36 illegal to drive a motor vehicle while under the influence of
774	774	37 cannabis. National Poison Control Center 1-800-222-1222.".
775	775	38 Sec. 10. (a) As used in this section, "facility" includes the
776	776	39 following:
777	777	40 (1) A facility permitted under this article.
778	778	41 (2) A tract that contains a premises permitted under this
779	779	42 article.
780	780	2022 IN 414—LS 6821/DI 106 19
781	781	1 (3) A horse track or satellite facility.
782	782	2 (4) A riverboat or racetrack.
783	783	3 (5) A tract that contains an entertainment complex.
784	784	4 (b) As used in this section, "tract" has the meaning set forth in
785	785	5 IC 6-1.1-1-22.5.
786	786	6 (c) A facility may advertise cannabis or cannabis products:
787	787	7 (1) in the facility's interior; or
788	788	8 (2) on the facility's exterior.
789	789	9 (d) The commission may not exercise the prohibition power
790	790	10 contained in this chapter on advertising by a permittee in or on a
791	791	11 facility.
792	792	12 (e) A facility may provide advertising to a permittee in exchange
793	793	13 for compensation from that permittee.
794	794	14 Sec. 11. The commission has the power to require the
795	795	15 registration of all brands, formulas, analyses, labels used, or
796	796	16 proposed to be used in selling or advertising cannabis or cannabis
797	797	17 products. The commission does not have the power to require the
798	798	18 disclosure of formulas that are verified trade secrets.
799	799	19 Sec. 12. The commission has the power to regulate the modes
800	800	20 and methods of dealing in, and the transportation of, cannabis and
801	801	21 cannabis products.
802	802	22 Sec. 13. The commission has the power to:
803	803	23 (1) prescribe the manner and methods by which all records
804	804	24 relating to cannabis or cannabis products are kept and
805	805	25 preserved;
806	806	26 (2) inspect all records relating to cannabis or cannabis
807	807	27 products; and
808	808	28 (3) require true copies of any record to be made and furnished
809	809	29 to the commission.
810	810	30 Sec. 14. The commission may require that, before the
811	811	31 transportation of cannabis or cannabis products into Indiana by an
812	812	32 authorized permittee, the permittee shall submit written, verified
813	813	33 information concerning the proposed transportation and execute
814	814	34 and file any documents required. The commission has the power to
815	815	35 inspect the shipments in transit and the vehicle used in the
816	816	36 transportation.
817	817	37 Sec. 15. The commission, unless otherwise specifically
818	818	38 prohibited, may delegate the powers and duties conferred on it in
819	819	39 this article to responsible employees of the commission. However,
820	820	40 the commission bears ultimate responsibility.
821	821	41 Sec. 16. The members of the commission and their officers and
822	822	42 employees are immune from civil liability for an act or omission
823	823	2022 IN 414—LS 6821/DI 106 20
824	824	1 done under the authority, or the color of authority, conferred by
825	825	2 this article or by a rule or order of the commission, unless the act
826	826	3 or omission constitutes gross negligence or willful or wanton
827	827	4 misconduct.
828	828	5 Sec. 17. The commission and the chairperson have, in addition
829	829	6 to the express powers enumerated in this article, the authority to
830	830	7 exercise all powers necessary and proper to carry out the policies
831	831	8 of this article and to promote efficient administration by the
832	832	9 commission.
833	833	10 Chapter 8. Searches and Seizures
834	834	11 Sec. 1. A circuit or superior court may issue a warrant to search
835	835	12 a house or other place for cannabis, cannabis products, or another
836	836	13 article that is being possessed, kept, sold, bartered, given away,
837	837	14 used, or transported in violation of this article.
838	838	15 Sec. 2. The warrant shall be directed to the officer, agent, or
839	839	16 employee of the commission who filed the affidavit for the warrant
840	840	17 and otherwise it shall be directed to any officer who has the power
841	841	18 to serve criminal process. The warrant shall be served by the
842	842	19 person to whom it was issued in the daytime or nighttime and the
843	843	20 return made within twenty (20) days from the date of issue.
844	844	21 Sec. 3. The officer who serves the warrant shall seize any article
845	845	22 described in the warrant and any other article found during the
846	846	23 search that is used in the violation of a provision of this article and
847	847	24 hold in the same manner as other items seized pursuant to a search
848	848	25 warrant are held.
849	849	26 Sec. 4. A person has no property right of any kind in:
850	850	27 (1) cannabis or a cannabis product possessed contrary to law;
851	851	28 (2) a receptacle or container holding cannabis or a cannabis
852	852	29 product possessed contrary to law;
853	853	30 (3) an unlawful or prohibited receptacle or container; or
854	854	31 (4) a receptacle or container that violates a rule of the
855	855	32 commission or that is being used in a manner that violates a
856	856	33 rule of the commission.
857	857	34 Sec. 5. Testimony concerning the appearance, taste, or odor of
858	858	35 cannabis or a cannabis product is admissible as evidence in a
859	859	36 criminal prosecution or in a proceeding before the commission.
860	860	37 Sec. 6. An unbroken cannabis container with a label altered so
861	861	38 that it does not describe the cannabis accurately is admissible as
862	862	39 evidence in a court.
863	863	40 Sec. 7. The court shall receive oral testimony upon a matter
864	864	41 referred to in this chapter for the purpose of showing a violation of
865	865	42 this article whether the container is offered in evidence or not.
866	866	2022 IN 414—LS 6821/DI 106 21
867	867	1 Sec. 8. (a) If a substance is removed or destroyed before it is
868	868	2 able to be seized under this chapter, the trier of fact may infer that
869	869	3 the substance was cannabis or a cannabis product possessed in
870	870	4 violation of this article.
871	871	5 (b) Proof of the possession of an empty container permits a trier
872	872	6 of fact to infer that the person who possessed the container
873	873	7 possessed cannabis.
874	874	8 Chapter 9. Public Nuisances
875	875	9 Sec. 1. The following are declared to be a public nuisance:
876	876	10 (1) A premises, vehicle, or place of any kind where at least one
877	877	11 (1) of the following occurs:
878	878	12 (A) Cannabis or a cannabis product of any type is
879	879	13 possessed in violation of Indiana law or a rule of the
880	880	14 commission.
881	881	15 (B) A person is permitted to use the premises, vehicle, or
882	882	16 place for the purpose of consuming cannabis or cannabis
883	883	17 products in violation of Indiana law or a rule of the
884	884	18 commission.
885	885	19 (2) A place where cannabis or cannabis products are kept for
886	886	20 delivery in violation of Indiana law or in violation of a rule of
887	887	21 the commission.
888	888	22 (3) The business property of a person who knowingly or
889	889	23 intentionally possesses cannabis or cannabis products in
890	890	24 violation of Indiana law or a rule of the commission.
891	891	25 Sec. 2. The plaintiff in an action to abate a public nuisance
892	892	26 under this chapter must prove that the owner of the business had
893	893	27 actual knowledge of the actions alleged to constitute a nuisance.
894	894	28 Sec. 3. In determining whether an owner should be held liable
895	895	29 for failing to abate a public nuisance under this chapter, the court
896	896	30 shall consider the efforts the owner took to abate the public
897	897	31 nuisance, including whether the law enforcement agency that
898	898	32 serves the owner's property was notified by the owner or the
899	899	33 owner's employee of the actions alleged to constitute the public
900	900	34 nuisance.
901	901	35 Sec. 4. If a permittee violates this article on a premises or in a
902	902	36 vehicle where cannabis or a cannabis product is kept, the premises
903	903	37 or vehicle is a public nuisance.
904	904	38 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
905	905	39 and the premises or vehicle where it is kept constitute a public
906	906	40 nuisance.
907	907	41 Sec. 6. (a) The following may bring an action to abate a common
908	908	42 nuisance or a violation of this article:
909	909	2022 IN 414—LS 6821/DI 106 22
910	910	1 (1) The commission.
911	911	2 (2) The chairperson of the commission.
912	912	3 (3) The attorney general.
913	913	4 (4) The prosecuting attorney exercising jurisdiction in the
914	914	5 county where the common nuisance or violation occurs.
915	915	6 (5) A permittee.
916	916	7 (6) A resident of the county where the common nuisance or
917	917	8 violation occurs.
918	918	9 (b) The court may grant a temporary restraining order, a
919	919	10 preliminary injunction, a permanent injunction, and any other
920	920	11 relief authorized under Indiana law.
921	921	12 Sec. 7. A prevailing plaintiff in an action brought to abate a
922	922	13 nuisance is entitled to, at the discretion of the court:
923	923	14 (1) an order that the premises be closed for a period of one (1)
924	924	15 year; or
925	925	16 (2) an order that the premises be closed for a period of less
926	926	17 than one (1) year and an award of liquidated damages in an
927	927	18 amount of not less than one thousand dollars ($1,000) and not
928	928	19 more than twenty-five thousand dollars ($25,000) to the State
929	929	20 of Indiana.
930	930	21 Sec. 8. An action authorized by this chapter shall be brought in
931	931	22 the name of the state on the relation of the commission. The
932	932	23 commission may be represented by an attorney selected by it, or by
933	933	24 the attorney general, or by a deputy or assistant attorney general
934	934	25 assigned by the attorney general for the purpose of instituting or
935	935	26 conducting the action, or by both.
936	936	27 Sec. 9. The remedies authorized by this chapter are cumulative
937	937	28 and nonexclusive. The remedies provided in this article do not
938	938	29 affect the power of the commission to revoke a permit.
939	939	30 Chapter 10. Jurisdiction and Miscellaneous Judicial
940	940	31 Proceedings
941	941	32 Sec. 1. An action brought against the commission, or against the
942	942	33 chairperson as the chairperson, shall be brought in the circuit or
943	943	34 superior court of Marion County unless otherwise specifically
944	944	35 provided in this article.
945	945	36 Sec. 2. The commission may bring an action for declaratory
946	946	37 judgment under IC 34-14-1-1.
947	947	38 Chapter 11. Issuance of Permits Generally
948	948	39 Sec. 1. (a) The commission may issue only the types of permits
949	949	40 authorized by this article subject to the applicable provisions of
950	950	41 this article.
951	951	42 (b) Beginning January 1, 2023, the commission shall accept
952	952	2022 IN 414—LS 6821/DI 106 23
953	953	1 applications for cannabis permits.
954	954	2 Sec. 2. A permit:
955	955	3 (1) is a revocable privilege granted by the state; and
956	956	4 (2) is not a property right.
957	957	5 Sec. 3. The commission may issue a permit under this article
958	958	6 only to:
959	959	7 (1) an individual;
960	960	8 (2) a partnership;
961	961	9 (3) a limited liability company; or
962	962	10 (4) a corporation organized and existing under Indiana law.
963	963	11 Sec. 4. The following definitions apply throughout this chapter:
964	964	12 (1) "Minority" means a person identified as:
965	965	13 (A) Black;
966	966	14 (B) Native American;
967	967	15 (C) Asian American; or
968	968	16 (D) Hispanic.
969	969	17 (2) "Owned and controlled" means:
970	970	18 (A) ownership of at least fifty-one percent (51%) of the
971	971	19 enterprise, including corporate stock of a corporation;
972	972	20 (B) control over the management and being active in the
973	973	21 day to day operations of the business; and
974	974	22 (C) an interest in the capital, assets, and profits and losses
975	975	23 of the business proportionate to the percentage of
976	976	24 ownership.
977	977	25 (3) "Veteran" means an individual who:
978	978	26 (1) has previously:
979	979	27 (A) served on active duty in any branch of the armed
980	980	28 forces of the United States or their reserves, or in the
981	981	29 national guard; and
982	982	30 (B) received an honorable discharge from service; or
983	983	31 (2) is currently serving in:
984	984	32 (A) any branch of the armed forces of the United States
985	985	33 or their reserves; or
986	986	34 (B) the national guard.
987	987	35 Sec. 5. (a) Except as provided in subsection (b), the commission
988	988	36 shall issue not less than fifteen percent (15%) of allowable permits
989	989	37 under this article to businesses owned and controlled by one (1) or
990	990	38 more:
991	991	39 (1) minorities; or
992	992	40 (2) veterans.
993	993	41 (b) If an insufficient number of qualifying applications are by a
994	994	42 person described in subsection (a), the commission shall issue
995	995	2022 IN 414—LS 6821/DI 106 24
996	996	1 permits in the usual way.
997	997	2 Sec. 6. (a) Except as otherwise provided in this article, a permit
998	998	3 issued by the commission is valid for one (1) calendar year,
999	999	4 including the day upon which it is granted. At the end of the one (1)
1000	1000	5 year period, the permit expires and is void.
1001	1001	6 (b) The commission shall timely process a permittee's
1002	1002	7 application for renewal of a permit unless the permittee receives a
1003	1003	8 notice of a violation from the office of the prosecutor.
1004	1004	9 (c) The commission may timely process an application for
1005	1005	10 renewal of a permit filed by a permittee that receives notice of a
1006	1006	11 violation as described in subsection (f) if the chairperson or the
1007	1007	12 chairperson's designee authorizes the application for renewal of
1008	1008	13 the permit to be timely processed.
1009	1009	14 (d) A permittee may file an application for renewal of a permit
1010	1010	15 not later than thirty (30) days after the date the permit expires.
1011	1011	16 (e) If a permittee does not file an application for renewal of a
1012	1012	17 permit within the time provided in subsection (d), the permit
1013	1013	18 reverts to the commission. At least thirty (30) days before the date
1014	1014	19 that a permit reverts to the commission, the commission shall
1015	1015	20 provide written notice to the permittee informing the permittee of
1016	1016	21 the date that the permittee's permit will revert to the commission.
1017	1017	22 (f) The chairperson or the chairperson's designee may allow the
1018	1018	23 permittee to renew the permit after the date the permit expires
1019	1019	24 only if the permittee provides evidence that the permittee is
1020	1020	25 engaged in an administrative or court proceeding that prevents the
1021	1021	26 permittee from renewing the permit.
1022	1022	27 (g) A permit is effective upon the final approval of the
1023	1023	28 commission. Upon final approval of a permit, and upon the request
1024	1024	29 of the permittee, the commission shall provide the permittee with
1025	1025	30 a letter of authority to operate. The letter of authority to operate
1026	1026	31 constitutes authorization for the permittee to perform the actions
1027	1027	32 allowed under the permit until the date the permittee receives the
1028	1028	33 permit issued by the commission.
1029	1029	34 Sec. 7. (a) The chairperson or the chairperson's designee may
1030	1030	35 issue an original letter of extension extending the term of a permit
1031	1031	36 for a maximum period of ninety (90) days for good cause shown
1032	1032	37 upon the written request of the permittee and payment of the fee,
1033	1033	38 if required.
1034	1034	39 (b) Upon the expiration of an original letter of extension, or any
1035	1035	40 renewal thereof, if good cause still exists, subsequent renewals of
1036	1036	41 the extension may be granted to the permittee only upon the
1037	1037	42 affirmative vote of a majority of the members of the commission.
1038	1038	2022 IN 414—LS 6821/DI 106 25
1039	1039	1 Sec. 8. The commission shall issue a permit authorized by this
1040	1040	2 article only upon proper application. The application shall be in
1041	1041	3 writing, and verified, upon forms prescribed and furnished by the
1042	1042	4 commission. The application shall contain the terms and
1043	1043	5 information required by this article or by the rules of the
1044	1044	6 commission. The appropriate surety bond, if required, must be
1045	1045	7 submitted with the application.
1046	1046	8 Sec. 9. An application for a permit shall contain the express
1047	1047	9 statement of the applicant that, if a permit is issued to the
1048	1048	10 applicant, the applicant consents for the duration of the permit
1049	1049	11 term to the entrance, inspection, and search by an enforcement
1050	1050	12 officer, without a warrant or other process, of the applicant's
1051	1051	13 permitted premises and vehicles to determine whether the
1052	1052	14 applicant is complying with the provisions of this article. The
1053	1053	15 consent required by this section is renewed and continued by the
1054	1054	16 retention of a permit or its use by a permittee.
1055	1055	17 Sec. 10. An application for a permit to sell cannabis or cannabis
1056	1056	18 products of any kind, and the required publication of notice, must
1057	1057	19 disclose the name of the applicant and the specific property
1058	1058	20 address where the cannabis or cannabis products are to be sold,
1059	1059	21 and any assumed business name under which the business will be
1060	1060	22 conducted. The application and notice also must disclose:
1061	1061	23 (1) the names of the executive officers of the corporation,
1062	1062	24 company, or other entity responsible to the public for the sale
1063	1063	25 of cannabis or the cannabis product; and
1064	1064	26 (2) the Internet web site where a member of the public may
1065	1065	27 access the information in subdivision (1).
1066	1066	28 Sec. 11. An applicant must have a vested legal interest in the
1067	1067	29 property address listed on the permit application.
1068	1068	30 Sec. 12. (a) As used in this section "immediate family member"
1069	1069	31 means a spouse, parent, child, sibling, father-in-law, or
1070	1070	32 mother-in-law.
1071	1071	33 (b) The commission may not issue a permit under this chapter
1072	1072	34 to an individual who is an immediate family member of a current
1073	1073	35 permittee.
1074	1074	36 Sec. 13. (a) On receipt of a completed permit application under
1075	1075	37 this article, the commission shall forward a copy of the application
1076	1076	38 to the state police department.
1077	1077	39 (b) The state police department shall perform a national
1078	1078	40 criminal history background check of the applicant and return the
1079	1079	41 application to the commission along with the results from the
1080	1080	42 national criminal history background check. The commission is
1081	1081	2022 IN 414—LS 6821/DI 106 26
1082	1082	1 responsible for the cost of the national criminal history
1083	1083	2 background check.
1084	1084	3 (c) The commission shall review the permit application after
1085	1085	4 receipt of the results from the state police department. The
1086	1086	5 commission shall grant or deny a completed application for a
1087	1087	6 permit within sixty (60) days after receipt of the application. If the
1088	1088	7 commission determines that:
1089	1089	8 (1) all the requirements under this article have been met; and
1090	1090	9 (2) the applicant has not been convicted within ten (10) years
1091	1091	10 before the date of application of:
1092	1092	11 (A) a federal crime having a sentence of more than one (1)
1093	1093	12 year;
1094	1094	13 (B) a Class A, Class B, or Class C felony (for a crime
1095	1095	14 committed before July 1, 2014) or a Level 1, Level 2, Level
1096	1096	15 3, Level 4, or Level 5 felony (for a crime committed after
1097	1097	16 June 30, 2014); or
1098	1098	17 (C) a crime in another state that is substantially similar to
1099	1099	18 a crime described in clause (B);
1100	1100	19 the commission shall approve the application for issuance of
1101	1101	20 the permit.
1102	1102	21 (d) The commission may deny a permit application if it finds
1103	1103	22 that the applicant has been adjudicated against in a civil
1104	1104	23 proceeding regarding the cannabis or hemp industry.
1105	1105	24 (e) If the completed application for a permit is denied, the
1106	1106	25 commission must state the reasons for the denial. If a completed
1107	1107	26 application is denied under this section, the applicant may reapply
1108	1108	27 within thirty (30) days after the date of the denial. There is no
1109	1109	28 application fee for a reapplication under this subsection.
1110	1110	29 (f) A permit issued under this article expires one (1) year after
1111	1111	30 the date on which the permit was issued, unless revoked.
1112	1112	31 Sec. 14. An applicant for a permit issued pursuant to this article
1113	1113	32 shall file with the commission a surety bond in the sum of fifteen
1114	1114	33 thousand dollars ($15,000).
1115	1115	34 Sec. 15. (a) The required surety bond of an applicant must be
1116	1116	35 approved by the commission. The bond must be made payable to
1117	1117	36 the state and may be forfeited if the applicant:
1118	1118	37 (1) violates a provision of this article or a rule of the
1119	1119	38 commission that relates to the permit; or
1120	1120	39 (2) fails to pay all taxes and fees imposed by this article on the
1121	1121	40 activities authorized under the permit.
1122	1122	41 (b) A permittee shall keep the bond in full force and effect
1123	1123	42 continuously in order to keep the permit in force.
1124	1124	2022 IN 414—LS 6821/DI 106 27
1125	1125	1 Sec. 16. (a) Except as provided in subsection (b), the commission
1126	1126	2 may recover not more than two hundred fifty dollars ($250) in any
1127	1127	3 one (1) action on a permittee's surety bond for the violation of a
1128	1128	4 rule of the commission. Except as provided in subsection (b), the
1129	1129	5 commission may recover not more than five hundred dollars ($500)
1130	1130	6 in any one (1) action on the surety bond for the violation of a
1131	1131	7 provision of this article. All violations committed before the
1132	1132	8 commission brings an action on the bond are considered one (1)
1133	1133	9 violation. Funds recovered on a bond shall be deposited in the
1134	1134	10 cannabis regulation fund established by IC 7.1-8-2-10.
1135	1135	11 (b) The state may recover the full amount of all taxes and fees
1136	1136	12 due and owed by the permittee under this article in a single action
1137	1137	13 on the bond. No person may bring an action on the bond except the
1138	1138	14 commission. Funds recovered under this section shall be deposited
1139	1139	15 in the state general fund.
1140	1140	16 Sec. 17. The commission shall ensure that a surety bond filed
1141	1141	17 under this article is securely stored. The commission may not
1142	1142	18 approve a surety bond unless the surety company is solvent and
1143	1143	19 qualified to do business in Indiana. The commission, before
1144	1144	20 approving a surety bond, shall require the commissioner of the
1145	1145	21 department of insurance to furnish to the commission copies of
1146	1146	22 reports of the surety company and other information concerning
1147	1147	23 the reserves and reliability of the company.
1148	1148	24 Sec. 18. Cash or bonds of the United States, or both, may be
1149	1149	25 tendered to the commission instead of a surety bond required by
1150	1150	26 the provisions of this article if it is tendered on the same terms and
1151	1151	27 conditions as a surety bond.
1152	1152	28 Sec. 19. A surety may not cancel or annul a surety bond filed in
1153	1153	29 accordance with the provisions of this article after it has been
1154	1154	30 approved by the commission. However, a surety, with the consent
1155	1155	31 of the commission, may cancel a bond and be released from
1156	1156	32 liability accruing after the effective date of the cancellation. The
1157	1157	33 commission may not approve a cancellation until the surety has
1158	1158	34 paid and discharged in full its liability to the state on the bond to
1159	1159	35 the date of the approval of the cancellation.
1160	1160	36 Sec. 20. (a) As used in this section, "credit card" means a:
1161	1161	37 (1) credit card;
1162	1162	38 (2) debit card;
1163	1163	39 (3) charge card; or
1164	1164	40 (4) stored value card.
1165	1165	41 (b) The commission shall accept a payment to the commission
1166	1166	42 for any purpose by any of the following financial instruments:
1167	1167	2022 IN 414—LS 6821/DI 106 28
1168	1168	1 (1) Cash.
1169	1169	2 (2) Certified check.
1170	1170	3 (3) Cashier's check.
1171	1171	4 (4) Check drawn on the bank deposit of a business.
1172	1172	5 (5) Valid postal money order of the United States.
1173	1173	6 (6) Bank draft.
1174	1174	7 (7) Money order.
1175	1175	8 (8) Bank card or credit card.
1176	1176	9 (9) Electronic funds transfer.
1177	1177	10 (10) Any other financial instrument authorized by the
1178	1178	11 commission.
1179	1179	12 (c) If there is a charge to the commission for the use of a
1180	1180	13 financial instrument, the commission may collect a sum equal to
1181	1181	14 the amount of the charge from the person who uses the financial
1182	1182	15 instrument.
1183	1183	16 (d) A procedure authorized for a particular type of payment
1184	1184	17 must be uniformly applied to all payments of the same type.
1185	1185	18 (e) The commission may contract with a bank card or credit
1186	1186	19 card vendor for acceptance of bank cards or credit cards.
1187	1187	20 However, if there is a vendor transaction charge or discount fee,
1188	1188	21 whether billed to the commission or charged directly to the
1189	1189	22 commission's account, the commission may collect from the person
1190	1190	23 using the card:
1191	1191	24 (1) an official fee that may not exceed the transaction charge
1192	1192	25 or discount fee charged to the commission by bank or credit
1193	1193	26 card vendors; or
1194	1194	27 (2) a reasonable convenience fee:
1195	1195	28 (A) that may not exceed three dollars ($3); and
1196	1196	29 (B) that must be uniform regardless of the bank card or
1197	1197	30 credit card used.
1198	1198	31 The fees described in subdivisions (1) and (2) may be collected
1199	1199	32 regardless of retail merchant agreements between the bank and
1200	1200	33 credit card vendors that may prohibit such fees. These fees are
1201	1201	34 permitted additional charges under IC 24-4.5-3-202.
1202	1202	35 (f) The commission may pay any applicable bank card or credit
1203	1203	36 card service charge associated with the use of a bank card or credit
1204	1204	37 card under this section.
1205	1205	38 Sec. 21. (a) Except as provided in subsection (d), if publication
1206	1206	39 of notice of application for a permit is required under this article,
1207	1207	40 the publication shall be made in one (1) newspaper of general
1208	1208	41 circulation published in the county where the permit is to be in
1209	1209	42 effect.
1210	1210	2022 IN 414—LS 6821/DI 106 29
1211	1211	1 (b) Publication required under subsection (a) may be made in
1212	1212	2 any newspaper of general circulation published one (1) or more
1213	1213	3 times each week.
1214	1214	4 (c) The rates to be paid for the advertising of a notice required
1215	1215	5 under this article shall be those required to be paid in case of other
1216	1216	6 notices published for or on behalf of the state.
1217	1217	7 (d) If:
1218	1218	8 (1) the commission is unable to procure advertising of a notice
1219	1219	9 as required under subsection (a) at the rates set forth in
1220	1220	10 IC 5-3-1; or
1221	1221	11 (2) the newspaper published in the county as described in
1222	1222	12 subsection (a) refuses to publish the notice;
1223	1223	13 the commission may, instead of publication in a newspaper as
1224	1224	14 required under subsection (a), post the notice on the commission's
1225	1225	15 Internet web site.
1226	1226	16 Sec. 22. Whenever the character of the business in which an
1227	1227	17 applicant is engaged is material to the applicant being issued a
1228	1228	18 permit under this article, or is material to the applicant being
1229	1229	19 qualified to continue to hold the permit, it must be made to appear
1230	1230	20 to the satisfaction of the commission that a substantial portion of
1231	1231	21 the business carried on, or to be carried on, in the premises in
1232	1232	22 respect to which a permit is applied for is in the nature of the
1233	1233	23 applicant's main business function in the premises.
1234	1234	24 Sec. 23. A person to whom a permit has been issued to carry on
1235	1235	25 any of the activities authorized by this article shall, before being
1236	1236	26 fully qualified to do business, post and display, and keep posted
1237	1237	27 and displayed, in the most conspicuous place in the person's
1238	1238	28 permitted premises the person's permit to do business.
1239	1239	29 Sec. 24. A permit issued under this article may not be
1240	1240	30 transferred:
1241	1241	31 (1) from the permit holder to another person; or
1242	1242	32 (2) from the location for which the permit was approved or
1243	1243	33 renewed to another location;
1244	1244	34 unless otherwise authorized in this article or approved by the
1245	1245	35 commission.
1246	1246	36 Sec. 25. (a) As used in this section "disqualifying event" means
1247	1247	37 an occurrence that would render the planned cannabis permittee
1248	1248	38 location illegal under this article.
1249	1249	39 (b) In the event a disqualifying event occurs while a permit
1250	1250	40 application is pending before the commission, the applicant may
1251	1251	41 transfer the permit location within six (6) months of the
1252	1252	42 disqualifying event.
1253	1253	2022 IN 414—LS 6821/DI 106 30
1254	1254	1 Sec. 26. If the information required for an initial or renewal
1255	1255	2 permit changes, the permit holder shall notify the commission
1256	1256	3 within ten (10) business days of the change. If any change in the
1257	1257	4 information required for an application results in a violation of this
1258	1258	5 article, the commission may impose a penalty as provided in this
1259	1259	6 article.
1260	1260	7 Sec. 27. (a) As used in this section, "integrated permittee"
1261	1261	8 means a person who simultaneously holds a:
1262	1262	9 (1) grower permit;
1263	1263	10 (2) processor permit; and
1264	1264	11 (3) retail permit.
1265	1265	12 (b) Except as provided in subsection (c), nothing in this article
1266	1266	13 prohibits a permittee from simultaneously holding a:
1267	1267	14 (1) grower permit;
1268	1268	15 (2) processor permit; and
1269	1269	16 (3) retail permit.
1270	1270	17 However, a person holding a transport permit may not hold any
1271	1271	18 other type of permit, and a person holding a testing permit may not
1272	1272	19 hold any other type of permit.
1273	1273	20 (c) No more than nine (9) permittees may hold a grower permit,
1274	1274	21 a processor permit, and at least one (1) retail permit at one (1)
1275	1275	22 time.
1276	1276	23 (d) An integrated permittee must demonstrate a substantial
1277	1277	24 historical business investment in Indiana, as determined by the
1278	1278	25 commission.
1279	1279	26 (e) An integrated permittee is subject to all the requirements of
1280	1280	27 the laws and regulations governing each permit.
1281	1281	28 (f) An integrated permittee may be subject to additional fees or
1282	1282	29 assessments, as determined by the commission.
1283	1283	30 Chapter 12. Grower Permits
1284	1284	31 Sec. 1. The growth of cannabis is authorized in Indiana. The
1285	1285	32 growing and handling of cannabis is subject to regulation by the
1286	1286	33 commission. The commission shall adopt rules under IC 4-22-2 to
1287	1287	34 oversee the permitting, production, and management of:
1288	1288	35 (1) cannabis; and
1289	1289	36 (2) cannabis seed.
1290	1290	37 Sec. 2. (a) Except as expressly provided in this article, a
1291	1291	38 cannabis grower may not grow or sell cannabis in Indiana without
1292	1292	39 a permit issued by the commission under this article.
1293	1293	40 (b) Except as otherwise provided in this article, cannabis
1294	1294	41 produced by a grower permittee under this article may be grown
1295	1295	42 and sold in Indiana.
1296	1296	2022 IN 414—LS 6821/DI 106 31
1297	1297	1 (c) Nothing in this chapter prohibits a grower permittee from
1298	1298	2 selling cannabis to another grower permittee in Indiana.
1299	1299	3 (d) Nothing in this chapter prohibits a grower permittee from
1300	1300	4 exporting cannabis outside Indiana as permitted by federal law.
1301	1301	5 Sec. 3. (a) A grower to whom a permit has been issued under
1302	1302	6 this chapter may deposit that permit with the commission for a
1303	1303	7 period of two (2) years if the permittee is unable to immediately
1304	1304	8 operate the business to which the permit applies.
1305	1305	9 (b) If a permittee is unable to use the permit issued under this
1306	1306	10 article within two (2) years, the permit is forfeited to the
1307	1307	11 commission.
1308	1308	12 Sec. 4. (a) As used in this section, "household" means a
1309	1309	13 residential dwelling that is the principal place of residence of a
1310	1310	14 person or a family unit whose members are related by birth,
1311	1311	15 marriage, or adoption and who share a common living
1312	1312	16 arrangement. It does not include any industrial, commercial, or
1313	1313	17 other nonresidential building.
1314	1314	18 (b) An individual may personally cultivate cannabis in Indiana
1315	1315	19 for personal use without a permit.
1316	1316	20 (c) A person may not personally cultivate more than four (4)
1317	1317	21 plants per household at one (1) time.
1318	1318	22 (d) All cannabis personally cultivated under this section must be
1319	1319	23 grown on real property owned by the person or on real property
1320	1320	24 for which the person has the property owner's written permission
1321	1321	25 to personally cultivate cannabis on the property.
1322	1322	26 (e) A person who personally cultivates cannabis may not use
1323	1323	27 extraction equipment or extraction processes if the equipment or
1324	1324	28 process uses butane, propane, carbon dioxide, or any potentially
1325	1325	29 hazardous material in a residential property.
1326	1326	30 Sec. 5. (a) For purposes of this section, "visible" means viewable
1327	1327	31 by a normal person with 20/20 eyesight without the use of any
1328	1328	32 device to assist in improving viewing distance or vantage point.
1329	1329	33 (b) All cannabis personally cultivated under this chapter must
1330	1330	34 be cultivated so that the cannabis is not accessible to a member of
1331	1331	35 the general public. No cannabis may be visible from any street
1332	1332	36 adjacent to the property.
1333	1333	37 (c) In consultation with the state police department, the
1334	1334	38 commission shall adopt rules under IC 4-22-2 governing the
1335	1335	39 security of a cannabis personal cultivation site.
1336	1336	40 (d) Cannabis plants personally cultivated in violation of this
1337	1337	41 section may be seized and destroyed.
1338	1338	42 Sec. 6. In addition to the other requirements of this article, an
1339	1339	2022 IN 414—LS 6821/DI 106 32
1340	1340	1 initial or renewal application for a grower permit must include the
1341	1341	2 following:
1342	1342	3 (1) The global positioning system coordinates and legal
1343	1343	4 description of the property used for the cannabis grow
1344	1344	5 operation.
1345	1345	6 (2) The planned size of the cannabis canopy.
1346	1346	7 (3) A site plan of the proposed grow facility.
1347	1347	8 (4) A nonrefundable application fee.
1348	1348	9 Sec. 7. (a) For a permittee who grows less than five thousand
1349	1349	10 (5,000) square feet of cannabis canopy, the commission shall
1350	1350	11 impose an annual fee of fifteen thousand dollars ($15,000).
1351	1351	12 (b) For a permittee who grows at least five thousand (5,000)
1352	1352	13 square feet of cannabis canopy, but less than fifteen thousand
1353	1353	14 (15,000) square feet of cannabis canopy, the commission shall
1354	1354	15 impose an annual fee of fifty thousand dollars ($50,000).
1355	1355	16 (c) For a permittee who grows at least fifteen thousand (15,000)
1356	1356	17 square feet of cannabis canopy, the commission shall impose an
1357	1357	18 annual fee of one hundred thousand dollars ($100,000).
1358	1358	19 (d) No more than four (4) grower permits may be issued under
1359	1359	20 subsection (c) at one (1) time.
1360	1360	21 (e) No permittee, or permittee who is directly or indirectly
1361	1361	22 controlled by another permittee, may possess more than one (1)
1362	1362	23 grower permit at one (1) time.
1363	1363	24 (f) The fees set forth in this section are due to the commission
1364	1364	25 within thirty (30) days of the date the initial or renewal grower
1365	1365	26 permit is issued, and shall be deposited in the cannabis regulation
1366	1366	27 fund established by IC 7.1-8-2-10.
1367	1367	28 Sec. 8. (a) A grower shall uniquely identify each immature plant
1368	1368	29 batch with a single permanent plant tag and record the
1369	1369	30 information in the statewide monitoring system established under
1370	1370	31 IC 7.1-8-17. Each immature plant batch must consist of no more
1371	1371	32 than one hundred (100) immature plants.
1372	1372	33 (b) A grower shall separate the plants as the plants go through
1373	1373	34 different growth stages and ensure that the plant tag is always
1374	1374	35 identified with the plant throughout the growth span so that all
1375	1375	36 plants can be easily identified and inspected. A grower shall ensure
1376	1376	37 that the identification information is recorded in the statewide
1377	1377	38 monitoring system.
1378	1378	39 (c) After a tagged plant is harvested, it is part of a harvest batch
1379	1379	40 so that a sample of the harvest batch can be tested in accordance
1380	1380	41 with this article. A grower shall quarantine a harvest batch from
1381	1381	42 other plants or batches that have test results pending. A harvest
1382	1382	2022 IN 414—LS 6821/DI 106 33
1383	1383	1 batch must be easily distinguishable from other harvest batches
1384	1384	2 until the batch is broken down into packages.
1385	1385	3 (d) After test results show a passed test and the harvest batch is
1386	1386	4 packaged, the grower shall destroy the individual plant tags. Each
1387	1387	5 package must have a permanent package tag attached. A grower
1388	1388	6 shall ensure this information is placed in the statewide monitoring
1389	1389	7 system in accordance with this article and rules adopted by the
1390	1390	8 commission.
1391	1391	9 Sec. 9. (a) In addition to any other liability or penalty provided
1392	1392	10 by law, the commission may revoke or refuse to issue or renew a
1393	1393	11 cannabis grower permit and may impose a civil penalty for a
1394	1394	12 violation of:
1395	1395	13 (1) a permit requirement;
1396	1396	14 (2) permit terms or conditions; or
1397	1397	15 (3) a rule relating to growing cannabis.
1398	1398	16 (b) The commission may not impose a civil penalty under this
1399	1399	17 section that exceeds two thousand five hundred dollars ($2,500).
1400	1400	18 (c) Any civil penalties collected under this section shall be
1401	1401	19 deposited in the cannabis regulation fund established by
1402	1402	20 IC 7.1-8-2-10.
1403	1403	21 Sec. 10. (a) Except as provided in subsection (b), the commission
1404	1404	22 shall give a person who negligently violates this chapter a
1405	1405	23 reasonable time, determined by the commission, to correct the
1406	1406	24 violation without imposing a penalty under this chapter. However,
1407	1407	25 the commission may require the person who committed the
1408	1408	26 violation to comply with a corrective action plan determined by the
1409	1409	27 commission and report to the commission on compliance with the
1410	1410	28 corrective action plan.
1411	1411	29 (b) A person who commits a negligent violation of this chapter
1412	1412	30 three (3) times in a five (5) year period shall immediately be
1413	1413	31 ineligible to hold or work under a cannabis permit for five (5)
1414	1414	32 years.
1415	1415	33 (c) If the commission believes that a person has knowingly or
1416	1416	34 intentionally violated this chapter, the commission shall notify:
1417	1417	35 (1) the superintendent of the state police department; and
1418	1418	36 (2) the prosecuting attorney of the county in which the
1419	1419	37 violation occurred;
1420	1420	38 of the violation.
1421	1421	39 (d) A person who commits a negligent violation under this
1422	1422	40 chapter is subject to a late fee as established by rule adopted by the
1423	1423	41 commission.
1424	1424	42 Sec. 11. The commission shall adopt rules under IC 4-22-2 to
1425	1425	2022 IN 414—LS 6821/DI 106 34
1426	1426	1 implement and administer this chapter.
1427	1427	2 Sec. 12. (a) The commission may keep the:
1428	1428	3 (1) names of growers who are permitted under this chapter;
1429	1429	4 and
1430	1430	5 (2) locations of permitted cannabis crops;
1431	1431	6 confidential for purposes of IC 5-14-3.
1432	1432	7 (b) The commission may share confidential information under
1433	1433	8 subsection (a) with the state police department and law
1434	1434	9 enforcement officers (as defined in IC 35-31.5-2-185).
1435	1435	10 Sec. 13. A person not permitted under this chapter who
1436	1436	11 knowingly or intentionally:
1437	1437	12 (1) grows or sells cannabis; or
1438	1438	13 (2) sells cannabis seed;
1439	1439	14 commits a Level 6 felony.
1440	1440	15 Chapter 13. Processor Permits
1441	1441	16 Sec. 1. The commission may issue a cannabis processor permit
1442	1442	17 to a person who desires to process cannabis or cannabis products.
1443	1443	18 Sec. 2. The holder of a processor permit may do the following:
1444	1444	19 (1) Process cannabis or cannabis products.
1445	1445	20 (2) Place cannabis or cannabis products in containers for
1446	1446	21 retail sale.
1447	1447	22 (3) Sell and deliver cannabis or cannabis products to a person
1448	1448	23 holding a cannabis retailer permit issued under this article.
1449	1449	24 Sec. 3. (a) A processor to whom a permit has been issued under
1450	1450	25 this chapter may deposit that permit with the commission for a
1451	1451	26 period of one (1) year if the permittee is unable to immediately
1452	1452	27 operate the business to which the permit applies.
1453	1453	28 (b) If a permittee is unable to use the permit issued under this
1454	1454	29 article within one (1) year, the permit is forfeited to the
1455	1455	30 commission.
1456	1456	31 Sec. 4. Cannabis must be transported and distributed by a
1457	1457	32 processor in packaging that contains the following information:
1458	1458	33 (1) A scannable bar code or QR code linked to a document
1459	1459	34 that contains the:
1460	1460	35 (A) batch identification number of the cannabis;
1461	1461	36 (B) product name;
1462	1462	37 (C) batch date;
1463	1463	38 (D) expiration date, which must be not more than two (2)
1464	1464	39 years from the date of manufacture;
1465	1465	40 (E) batch size;
1466	1466	41 (F) total quantity produced;
1467	1467	42 (G) ingredients used, including the:
1468	1468	2022 IN 414—LS 6821/DI 106 35
1469	1469	1 (i) ingredient name;
1470	1470	2 (ii) name of the company that manufactured the
1471	1471	3 ingredient;
1472	1472	4 (iii) company or product identification number or code,
1473	1473	5 if applicable; and
1474	1474	6 (iv) ingredient lot number; and
1475	1475	7 (H) results of the quality assurance test conducted under
1476	1476	8 IC 7.1-8-18.
1477	1477	9 (2) The batch number.
1478	1478	10 (3) The Internet address of a web site to obtain batch
1479	1479	11 information.
1480	1480	12 (4) The expiration date.
1481	1481	13 (5) The total number of milligrams of
1482	1482	14 delta-9-tetrahydrocannabinol (THC), including precursors.
1483	1483	15 (6) The grower.
1484	1484	16 Chapter 14. Transport Permits
1485	1485	17 Sec. 1. The commission may issue a cannabis transport permit
1486	1486	18 to a person who is a carrier upon a showing of the reliability and
1487	1487	19 responsibility of the carrier and the appropriateness of issuing the
1488	1488	20 permit.
1489	1489	21 Sec. 2. The transportation of cannabis and cannabis products
1490	1490	22 for sale in Indiana are subject to the rules of the commission.
1491	1491	23 Cannabis and cannabis products may be transported and delivered
1492	1492	24 only in containers that are lawful under this article and permissible
1493	1493	25 under the rules of the commission.
1494	1494	26 Sec. 3. A transport permit is required for the transportation of
1495	1495	27 cannabis or cannabis products on a public highway in Indiana.
1496	1496	28 Sec. 4. (a) A carrier must hold a transport permit before the
1497	1497	29 carrier may transport cannabis or cannabis products on a public
1498	1498	30 highway.
1499	1499	31 (b) A person who is a direct or beneficial owner of a grower,
1500	1500	32 processor, retail, or safety compliance facility permit issued under
1501	1501	33 this article may not hold a transport permit.
1502	1502	34 Sec. 5. (a) A carrier to whom a permit has been issued under
1503	1503	35 this chapter may deposit that permit with the commission for a
1504	1504	36 period of one (1) year if the permittee is unable to immediately
1505	1505	37 operate the business to which the permit applies.
1506	1506	38 (b) If a permittee is unable to use the permit issued under this
1507	1507	39 article within one (1) year, the permit is forfeited to the
1508	1508	40 commission.
1509	1509	41 Sec. 6. (a) A carrier may not transport cannabis on a vehicle
1510	1510	42 owned or operated by the carrier unless the carrier has filed a
1511	1511	2022 IN 414—LS 6821/DI 106 36
1512	1512	1 description of the vehicle with the commission.
1513	1513	2 (b) The description of a vehicle used to transport cannabis must
1514	1514	3 include:
1515	1515	4 (1) the engine number;
1516	1516	5 (2) the date of manufacture;
1517	1517	6 (3) the approximate weight;
1518	1518	7 (4) the vehicle identification number;
1519	1519	8 (5) the license plate number;
1520	1520	9 (6) the capacity; and
1521	1521	10 (7) any other information that the commission may require.
1522	1522	11 (c) The permittee may alter or add to the number of vehicles
1523	1523	12 included under the permit at any time.
1524	1524	13 Sec. 7. (a) A carrier must transmit a copy of its route plan and
1525	1525	14 manifest to the safety and compliance facility as required by
1526	1526	15 IC 7.1-8-18, and a copy of each must be carried in the transporting
1527	1527	16 vehicle and presented to a law enforcement officer or commission
1528	1528	17 enforcement officer upon request.
1529	1529	18 (b) The commission may inspect shipments of cannabis or
1530	1530	19 cannabis products in transit and the vehicle used in the
1531	1531	20 transportation.
1532	1532	21 Sec. 8. A transport permittee who knowingly or intentionally
1533	1533	22 transports cannabis in a vehicle for which the permittee has not
1534	1534	23 filed a description under this chapter commits a Class A
1535	1535	24 misdemeanor.
1536	1536	25 Chapter 15. Retailer Permits
1537	1537	26 Sec. 1. The commission may issue a cannabis retailer permit to
1538	1538	27 a person who desires to sell cannabis to customers for
1539	1539	28 consumption.
1540	1540	29 Sec. 2. (a) The commission may grant only one (1) cannabis
1541	1541	30 retailer permit per twenty-five thousand (25,000) persons
1542	1542	31 statewide.
1543	1543	32 (b) Only two hundred sixty-nine (269) active cannabis retailer
1544	1544	33 permits may be issued at any one (1) time.
1545	1545	34 (c) A county may not have more permits than its census
1546	1546	35 population divided by twenty-five thousand (25,000).
1547	1547	36 (d) No single cannabis retail permittee may own more than
1548	1548	37 twenty-five percent (25%) of available permits.
1549	1549	38 Sec. 3. (a) The holder of a cannabis retailer permit may
1550	1550	39 purchase cannabis only from a permittee permitted under this
1551	1551	40 article. A cannabis retailer may possess cannabis and sell it at
1552	1552	41 retail for consumption to a customer who is at least twenty-one (21)
1553	1553	42 years of age.
1554	1554	2022 IN 414—LS 6821/DI 106 37
1555	1555	1 (b) A cannabis retailer may sell cannabis or cannabis products
1556	1556	2 at wholesale.
1557	1557	3 (c) A cannabis retailer may sell and deliver cannabis for carry
1558	1558	4 out and for at home delivery.
1559	1559	5 Sec. 4. (a) A retailer to whom a permit has been issued under
1560	1560	6 this chapter may deposit the permit with the commission for a
1561	1561	7 period of one (1) year if the permittee is unable to immediately
1562	1562	8 operate the business to which the permit applies.
1563	1563	9 (b) If a permittee is unable to use the permit issued under this
1564	1564	10 article within one (1) year, the permit is forfeited to the
1565	1565	11 commission.
1566	1566	12 Sec. 5. (a) A cannabis retailer may not:
1567	1567	13 (1) operate within one thousand (1,000) feet of an elementary
1568	1568	14 or secondary school;
1569	1569	15 (2) allow a customer to sample or consume cannabis or a
1570	1570	16 cannabis product on the premises;
1571	1571	17 (3) permit a customer to purchase more than four (4) ounces
1572	1572	18 of cannabis or twenty-five (25) grams of cannabis concentrate
1573	1573	19 per day; or
1574	1574	20 (4) sell cannabis or a cannabis product in a unitary
1575	1575	21 transaction (as defined by IC 6-2.5-1-1) or bundled
1576	1576	22 transaction (as defined in IC 6-2.5-1-11.5).
1577	1577	23 (b) A person who knowingly or intentionally violates this section
1578	1578	24 commits a Level 6 felony.
1579	1579	25 Sec. 6. (a) All sales of cannabis and cannabis products must be
1580	1580	26 accompanied by an invoice showing the following:
1581	1581	27 (1) The name and address of the seller and the purchaser.
1582	1582	28 (2) The date of sale.
1583	1583	29 (3) The name of each brand sold.
1584	1584	30 (4) The number of packages, if any.
1585	1585	31 (5) The number of cases by size and type of container.
1586	1586	32 (6) The quantity of each kind of cannabis sold.
1587	1587	33 (b) The permittee must transmit an invoice to the commission
1588	1588	34 in accordance with rules adopted by the commission.
1589	1589	35 Sec. 7. Except as provided in IC 7.1-8-16, a unit may not
1590	1590	36 regulate cannabis.
1591	1591	37 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
1592	1592	38 Sec. 1. (a) Before July 1, 2023, the governing body of a county
1593	1593	39 may adopt a resolution to place a public question on the ballot to
1594	1594	40 prohibit cannabis retail licensure within the county. The governing
1595	1595	41 body shall determine whether to place the public question on the
1596	1596	42 primary election ballot, on the general election ballot, or on a
1597	1597	2022 IN 414—LS 6821/DI 106 38
1598	1598	1 special election ballot.
1599	1599	2 (b) As soon as practicable after adopting the resolution under
1600	1600	3 subsection (a), the governing body shall send a certified copy of the
1601	1601	4 resolution to the commission and the county circuit court clerk.
1602	1602	5 Sec. 2. A prohibition against cannabis retail licensure under this
1603	1603	6 chapter prevails if a majority of the individuals who vote on the
1604	1604	7 public question approves the prohibition.
1605	1605	8 Sec. 3. The public question to be submitted to the voters must
1606	1606	9 read as follows:
1607	1607	10 "Shall the county prohibit cannabis retail licensure for five (5)
1608	1608	11 years immediately following the holding of the referendum?
1609	1609	12 If this public question is approved by the voters, cannabis
1610	1610	13 retailers will be prohibited from licensing premises in the
1611	1611	14 county for five (5) years.".
1612	1612	15 Sec. 4. Each circuit court clerk shall, upon receiving the
1613	1613	16 question approved by the governing body of a county under this
1614	1614	17 chapter, call a meeting of the county election board to certify the
1615	1615	18 question and make arrangements for the referendum.
1616	1616	19 Sec. 5. (a) The referendum shall be held in the next primary
1617	1617	20 election or general election in which all the registered voters who
1618	1618	21 are residents of the county are entitled to vote after adoption of the
1619	1619	22 resolution under section 1 of this chapter. The certification of the
1620	1620	23 question must occur not later than noon:
1621	1621	24 (1) seventy-four (74) days before a primary election if the
1622	1622	25 question is to be placed on the primary election ballot; or
1623	1623	26 (2) August 1 if the question is to be placed on the general
1624	1624	27 election ballot.
1625	1625	28 (b) However, if a primary election or general election will not be
1626	1626	29 held during the first year in which the public question is eligible to
1627	1627	30 be placed on the ballot under this chapter, and if the county
1628	1628	31 requests the public question to be placed on the ballot at a special
1629	1629	32 election, the public question shall be placed on the ballot at a
1630	1630	33 special election to be held on the first Tuesday after the first
1631	1631	34 Monday in May or November of the year. The certification must
1632	1632	35 occur not later than noon:
1633	1633	36 (1) sixty (60) days before a special election to be held in May
1634	1634	37 (if the special election is to be held in May); or
1635	1635	38 (2) August 1 (if the special election is to be held in November).
1636	1636	39 (c) If the referendum is not conducted at a primary election or
1637	1637	40 general election, the county in which the special election is to be
1638	1638	41 held shall pay all the costs of holding the special election.
1639	1639	42 Sec. 6. Each county election board shall cause:
1640	1640	2022 IN 414—LS 6821/DI 106 39
1641	1641	1 (1) the question certified to the circuit court clerk by the
1642	1642	2 governing body of a county to be placed on the ballot in the
1643	1643	3 form prescribed by IC 3-10-9; and
1644	1644	4 (2) an adequate supply of ballots and voting equipment to be
1645	1645	5 delivered to the precinct election board of each precinct in
1646	1646	6 which the referendum is to be held.
1647	1647	7 Sec. 7. (a) Except as provided in subsection (b), every registered
1648	1648	8 voter who resides in the county may vote on the public question.
1649	1649	9 (b) An individual who changes residence from a location within
1650	1650	10 a county to a location outside of the county less than thirty (30)
1651	1651	11 days before an election under this chapter may not vote on the
1652	1652	12 public question.
1653	1653	13 Sec. 8. Each precinct election board shall count the affirmative
1654	1654	14 votes and the negative votes cast concerning the public question,
1655	1655	15 and shall certify those two (2) totals to the county election board of
1656	1656	16 the county. The circuit court clerk shall, immediately after the
1657	1657	17 votes have been counted, certify the results of the public question
1658	1658	18 to the commission and the county governing body.
1659	1659	19 Sec. 9. (a) Except as otherwise provided in this section, during
1660	1660	20 the period beginning with the adoption of a resolution by the
1661	1661	21 governing body of a county to place a public question on the ballot
1662	1662	22 and continuing through the day on which the public question is
1663	1663	23 submitted to the voters, the county governing body may not
1664	1664	24 promote a position on the referendum by doing any of the
1665	1665	25 following:
1666	1666	26 (1) Using facilities or equipment, including mail and
1667	1667	27 messaging systems, owned by the county to promote a position
1668	1668	28 on the public question, unless equal access to the facilities or
1669	1669	29 equipment is given to persons with a position opposite to that
1670	1670	30 of the county governing body.
1671	1671	31 (2) Making an expenditure of money from a fund controlled
1672	1672	32 by the county to promote a position on the public question.
1673	1673	33 (3) Using an employee to promote a position on the public
1674	1674	34 question during the employee's normal working hours or paid
1675	1675	35 overtime, or otherwise compelling an employee to promote a
1676	1676	36 position on the public question at any time. However, if a
1677	1677	37 person described in subsection (c) is advocating for or against
1678	1678	38 a position on the public question or discussing the public
1679	1679	39 question as authorized under subsection (c), an employee of
1680	1680	40 the county may assist the person in presenting information on
1681	1681	41 the public question, if requested to do so by the person
1682	1682	42 described in subsection (c).
1683	1683	2022 IN 414—LS 6821/DI 106 40
1684	1684	1 However, this section does not prohibit an official or employee of
1685	1685	2 the county from carrying out duties with respect to a public
1686	1686	3 question that are part of the normal and regular conduct of the
1687	1687	4 official's or employee's office or agency, including the furnishing
1688	1688	5 of factual information regarding the public question in response to
1689	1689	6 inquiries from any person.
1690	1690	7 (b) This subsection does not apply to:
1691	1691	8 (1) a personal expenditure to promote a position on a public
1692	1692	9 question by an employee of a county whose employment is
1693	1693	10 governed by a collective bargaining contract or an
1694	1694	11 employment contract; or
1695	1695	12 (2) an expenditure to promote a position on a local question
1696	1696	13 by a person or an organization that has a contract or an
1697	1697	14 arrangement (whether formal or informal) with the county
1698	1698	15 solely for the use of the county's facilities.
1699	1699	16 A person or an organization that has a contract or arrangement
1700	1700	17 (whether formal or informal) with a county to provide goods or
1701	1701	18 services to the county may not spend any money to promote a
1702	1702	19 position on the public question. A violation of this subsection is a
1703	1703	20 Class A infraction.
1704	1704	21 (c) Notwithstanding any other law, an elected or appointed
1705	1705	22 member of the county governing body may at any time:
1706	1706	23 (1) personally advocate for or against a position on a public
1707	1707	24 question; or
1708	1708	25 (2) discuss the public question with any individual, group, or
1709	1709	26 organization or personally advocate for or against a position
1710	1710	27 on a public question before any individual, group, or
1711	1711	28 organization;
1712	1712	29 so long as it is not done by using public funds. Advocacy or
1713	1713	30 discussion allowed under this subsection is not considered a use of
1714	1714	31 public funds.
1715	1715	32 Chapter 17. Statewide Monitoring System
1716	1716	33 Sec. 1. The commission shall establish a statewide monitoring
1717	1717	34 system for use as an integrated cannabis tracking, inventory, and
1718	1718	35 verification system. The system must allow for interface with third
1719	1719	36 party inventory and tracking systems to provide for access by the
1720	1720	37 state, permittees, and law enforcement personnel, to the extent that
1721	1721	38 they need and are authorized to receive or submit the information,
1722	1722	39 to comply with, enforce, or administer this article.
1723	1723	40 Sec. 2. At a minimum, the system must be capable of storing and
1724	1724	41 providing access to information that, in conjunction with one (1) or
1725	1725	42 more third party inventory control and tracking systems, allows
1726	1726	2022 IN 414—LS 6821/DI 106 41
1727	1727	1 the following:
1728	1728	2 (1) Retention of a record of the date, time, quantity, and price
1729	1729	3 of each sale or transfer of cannabis or cannabis products.
1730	1730	4 (2) Determination of whether a particular sale or transfer
1731	1731	5 transaction will exceed the permissible limit established under
1732	1732	6 this article.
1733	1733	7 (3) Effective monitoring of cannabis seed to sale transfers.
1734	1734	8 (4) Receipt and integration of information from third party
1735	1735	9 inventory control and tracking systems.
1736	1736	10 Sec. 3. The commission shall seek bids to establish, operate, and
1737	1737	11 maintain the statewide monitoring system under this section. The
1738	1738	12 commission shall do the following:
1739	1739	13 (1) Evaluate bidders based on the cost of the service and the
1740	1740	14 ability to meet all requirements of this article.
1741	1741	15 (2) Give strong consideration to the bidder's ability to prevent
1742	1742	16 fraud, abuse, and other unlawful or prohibited activities
1743	1743	17 associated with the commercial trade in cannabis, and the
1744	1744	18 ability to provide additional tools for the administration and
1745	1745	19 enforcement of this article.
1746	1746	20 (3) Institute procedures to ensure that the contract awardee
1747	1747	21 does not disclose or use the information in the system for any
1748	1748	22 use or purpose except for the enforcement, oversight, and
1749	1749	23 implementation of this article.
1750	1750	24 (4) Require the contract awardee to deliver the functioning
1751	1751	25 system within one hundred twenty (120) days after award of
1752	1752	26 the contract.
1753	1753	27 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
1754	1754	28 implement this chapter.
1755	1755	29 Chapter 18. Safety Compliance Facility Permit
1756	1756	30 Sec. 1. The commission may issue a cannabis safety compliance
1757	1757	31 facility permit to a person who desires to test cannabis and
1758	1758	32 cannabis products for transfer, sale, and consumption in Indiana.
1759	1759	33 Sec. 2. A person who is a direct or beneficial owner of a grower,
1760	1760	34 processor, transport, or retailer permit may not be the direct or
1761	1761	35 beneficial owner of a safety compliance facility or hold a safety
1762	1762	36 compliance facility permit.
1763	1763	37 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
1764	1764	38 establish a proficiency testing program and designate safety
1765	1765	39 compliance facility participation, that, at a minimum, comply with
1766	1766	40 reasonable and customary industry standards.
1767	1767	41 Sec. 4. (a) A safety compliance facility to which a permit has
1768	1768	42 been issued under this chapter may deposit that permit with the
1769	1769	2022 IN 414—LS 6821/DI 106 42
1770	1770	1 commission for a period of one (1) year if the permittee is unable
1771	1771	2 to immediately operate the facility.
1772	1772	3 (b) If a permittee is unable to use the permit issued under this
1773	1773	4 article within one (1) year, the permit is forfeited to the
1774	1774	5 commission.
1775	1775	6 Sec. 5. (a) A safety compliance facility must test samples as
1776	1776	7 provided in this chapter and pursuant to rules adopted by the
1777	1777	8 commission.
1778	1778	9 (b) A safety compliance facility shall collect samples of cannabis
1779	1779	10 and cannabis products from another cannabis permittee. Every
1780	1780	11 cannabis permittee shall permit and assist the safety compliance
1781	1781	12 facility in the collection of samples for testing.
1782	1782	13 (c) The safety compliance facility shall take a physical sample of
1783	1783	14 the cannabis product from another cannabis permittee to be tested
1784	1784	15 at the safety compliance facility.
1785	1785	16 (d) The safety compliance facility must develop a statistically
1786	1786	17 valid sampling method to collect a representative sample from each
1787	1787	18 batch of marijuana product.
1788	1788	19 Sec. 6. (a) A safety compliance facility must comply with all the
1789	1789	20 following:
1790	1790	21 (1) The safety compliance facility shall ensure that samples of
1791	1791	22 the cannabis product are identified in the statewide
1792	1792	23 monitoring system and placed in secured, sealed containers
1793	1793	24 that bear the labeling required under the rules.
1794	1794	25 (2) A carrier's route plan and manifest that have been
1795	1795	26 transmitted to the facility must be entered into the statewide
1796	1796	27 monitoring system.
1797	1797	28 (3) The cannabis or cannabis product must be transported in
1798	1798	29 one (1) or more sealed containers and not be accessible while
1799	1799	30 in transit.
1800	1800	31 (4) The vehicle a safety compliance facility uses to transport
1801	1801	32 samples of cannabis or cannabis products may not bear
1802	1802	33 markings or other indication that it is carrying cannabis or a
1803	1803	34 cannabis product.
1804	1804	35 (b) Except as otherwise required by the commission, the safety
1805	1805	36 compliance facility shall collect a sample size that is:
1806	1806	37 (1) sufficient to complete all required analyses; and
1807	1807	38 (2) not less than one-half percent (0.5%) of the weight of the
1808	1808	39 harvest batch.
1809	1809	40 (c) At least fifty percent (50%) of the sample taken must be
1810	1810	41 homogenized for testing.
1811	1811	42 (d) The safety compliance facility shall report all testing results
1812	1812	2022 IN 414—LS 6821/DI 106 43
1813	1813	1 to the commission on a quarterly basis, including the rate of
1814	1814	2 failure.
1815	1815	3 Sec. 7. A safety compliance facility must do all of the following:
1816	1816	4 (1) Become fully accredited to the International Organization
1817	1817	5 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
1818	1818	6 ILAC recognized accreditation body or by an entity approved
1819	1819	7 by the commission within one (1) year after the date the
1820	1820	8 permit is issued, and agree to have the inspections and reports
1821	1821	9 of the ISO made available to the commission.
1822	1822	10 (2) Maintain internal standard operating procedures.
1823	1823	11 (3) Maintain a quality control and quality assurance program.
1824	1824	12 Sec. 8. The commission may publish sample sizes for other
1825	1825	13 cannabis products being tested.
1826	1826	14 Sec. 9. A cannabis permittee must allow the safety compliance
1827	1827	15 facility to have access to its entire batch for the purposes of
1828	1828	16 sampling.
1829	1829	17 Sec. 10. (a) An employee of the cannabis permittee from which
1830	1830	18 the cannabis product test samples are being taken shall be
1831	1831	19 physically present to observe the safety compliance facility
1832	1832	20 employee collect the samples of cannabis or cannabis product for
1833	1833	21 testing. The employee shall ensure that the correct sample
1834	1834	22 increments are taken from throughout the batch.
1835	1835	23 (b) An employee of a cannabis permittee may not:
1836	1836	24 (1) be directly involved in the testing performed by the safety
1837	1837	25 compliance facility employee; or
1838	1838	26 (2) touch the cannabis or cannabis product or the sampling
1839	1839	27 equipment while the safety compliance facility employee is
1840	1840	28 obtaining the sample.
1841	1841	29 Sec. 11. (a) After samples have been selected, both the employee
1842	1842	30 of the cannabis permittee and the employee of the safety
1843	1843	31 compliance facility shall sign and date a chain of custody form,
1844	1844	32 attesting to the accuracy of the following sample information:
1845	1845	33 (1) The name of the cannabis product.
1846	1846	34 (2) The weight of cannabis or cannabis product.
1847	1847	35 (3) That all cannabis and cannabis products and samples are
1848	1848	36 correctly identified in the statewide monitoring system.
1849	1849	37 (4) If the product test sample is obtained for a retest, the
1850	1850	38 safety compliance facility confirms that it is not accepting a
1851	1851	39 product test sample that is prohibited from being retested.
1852	1852	40 (b) The cannabis permittee shall enter in the statewide
1853	1853	41 monitoring system the cannabis or cannabis product test sample
1854	1854	42 that is collected by a permitted safety compliance facility, including
1855	1855	2022 IN 414—LS 6821/DI 106 44
1856	1856	1 the date and time the cannabis or cannabis product is collected and
1857	1857	2 transferred. The safety compliance facility shall enter into the
1858	1858	3 statewide monitoring system the test results within three (3)
1859	1859	4 business days of test completion.
1860	1860	5 (c) If a testing sample is collected from a cannabis permittee for
1861	1861	6 testing in the statewide monitoring system, that cannabis permittee
1862	1862	7 shall quarantine the cannabis product that is undergoing the
1863	1863	8 testing from any other cannabis products at the cannabis permittee
1864	1864	9 location. The quarantined cannabis product must not be packaged,
1865	1865	10 transferred, or sold until passing test results are entered into the
1866	1866	11 statewide monitoring system.
1867	1867	12 (d) A safety compliance facility may collect additional sample
1868	1868	13 material from the same permittee from which the original sample
1869	1869	14 was collected for the purposes of completing the required safety
1870	1870	15 tests as long as the requirements of this chapter are met.
1871	1871	16 (e) The commission may publish guidance that shall be followed
1872	1872	17 by cannabis permittees for chain of custody documentation.
1873	1873	18 Sec. 12. A safety compliance facility shall use analytical testing
1874	1874	19 methodologies for the required quality assurance tests under this
1875	1875	20 chapter that are validated. The tests may be monitored on an
1876	1876	21 ongoing basis by the commission. The facility's methodology must
1877	1877	22 follow one (1) of the following:
1878	1878	23 (1) The most current version of the Cannabis Inflorescence:
1879	1879	24 Standards of Identity, Analysis, and Quality Control
1880	1880	25 monograph published by the American Herbal
1881	1881	26 Pharmacopoeia.
1882	1882	27 (2) An alternative testing methodology approved by the
1883	1883	28 commission and validated by an independent third party that
1884	1884	29 the methodology followed by the safety compliance facility
1885	1885	30 produces scientifically accurate results as quality assurance
1886	1886	31 for each test it conducts.
1887	1887	32 Sec. 13. A safety compliance facility shall conduct quality
1888	1888	33 assurance tests that test for all of the following:
1889	1889	34 (1) Moisture content.
1890	1890	35 (2) Potency analysis.
1891	1891	36 (3) Tetrahydrocannabinol level.
1892	1892	37 (4) Tetrahydrocannabinol acid level.
1893	1893	38 (5) Cannabidiol and cannabidiol acid levels.
1894	1894	39 (6) Foreign matter inspection.
1895	1895	40 (7) Microbial and mycotoxin screening.
1896	1896	41 (8) Pesticides.
1897	1897	42 (9) Chemical residue.
1898	1898	2022 IN 414—LS 6821/DI 106 45
1899	1899	1 (10) Fungicides.
1900	1900	2 (11) Insecticides.
1901	1901	3 (12) Metals screening.
1902	1902	4 (13) Residual solvents levels.
1903	1903	5 (14) Terpene analysis.
1904	1904	6 (15) Water activity content.
1905	1905	7 Sec. 14. The commission, in consultation with the state seed
1906	1906	8 commissioner and the department of agriculture, shall publish a
1907	1907	9 list of approved pesticides for use in the growing and production of
1908	1908	10 cannabis and cannabis products to be sold or transferred in
1909	1909	11 Indiana.
1910	1910	12 Sec. 15. The commission shall take immediate disciplinary
1911	1911	13 action against any safety compliance facility that fails to comply
1912	1912	14 with the provisions of this article or falsifies records related to this
1913	1913	15 article, including any sanctions or fines, or both.
1914	1914	16 Sec. 16. A safety compliance facility is prohibited from doing
1915	1915	17 any of the following:
1916	1916	18 (1) Desiccating samples.
1917	1917	19 (2) Dry labeling samples.
1918	1918	20 (3) Pretesting samples.
1919	1919	21 Sec. 17. A safety compliance facility shall comply with random
1920	1920	22 quality assurance compliance checks upon the request of the
1921	1921	23 commission. The commission or its authorized agents may collect
1922	1922	24 a random sample of cannabis or cannabis product from a safety
1923	1923	25 compliance facility or designate another safety compliance facility
1924	1924	26 to collect a random sample of cannabis product in a secure manner
1925	1925	27 to test that sample for quality assurance compliance pursuant to
1926	1926	28 this rule.
1927	1927	29 Sec. 18. (a) A safety compliance facility may retest cannabis or
1928	1928	30 cannabis products that have failed initial safety testing, except as
1929	1929	31 indicated under subsection (c).
1930	1930	32 (b) A failed cannabis product must pass two (2) separate retests
1931	1931	33 with new samples consecutively to be eligible to proceed to sale or
1932	1932	34 transfer.
1933	1933	35 (c) The commission may publish a remediation protocol that
1934	1934	36 addresses, among other things, the sale or transfer of cannabis
1935	1935	37 product after a failed safety test.
1936	1936	38 (d) The cannabis permittee that provided the sample is
1937	1937	39 responsible for all costs involved in a retest.
1938	1938	40 Sec. 19. (a) As used in this section, "research and development
1939	1939	41 testing" means optional testing performed before final compliance
1940	1940	42 testing.
1941	1941	2022 IN 414—LS 6821/DI 106 46
1942	1942	1 (b) The commission may not take punitive action against a
1943	1943	2 cannabis permittee for conducting research and development
1944	1944	3 testing.
1945	1945	4 (c) The commission may adopt rules or publish guidance for
1946	1946	5 research and development testing.
1947	1947	6 (d) A permittee conducting research and development testing
1948	1948	7 must enter the testing and any other information required by the
1949	1949	8 commission into the statewide monitoring system.
1950	1950	9 Chapter 19. Violations
1951	1951	10 Sec. 1. If a permit holder violates this article, the permit holder
1952	1952	11 may be publicly reprimanded, assessed a civil penalty, or have the
1953	1953	12 permit revoked or suspended.
1954	1954	13 Sec. 2. (a) The commission may assess a civil penalty for a
1955	1955	14 violation of this article in an amount that does not exceed fifty
1956	1956	15 thousand dollars ($50,000). A civil penalty may be assessed in
1957	1957	16 addition to other penalties allowed under this article.
1958	1958	17 (b) A civil penalty assessed under this section shall be deposited
1959	1959	18 in the cannabis regulation fund established by IC 7.1-8-2-10.
1960	1960	19 Sec. 3. A person who recklessly, knowingly, or intentionally
1961	1961	20 provides cannabis or cannabis products to a person less than
1962	1962	21 twenty-one (21) years of age commits a Class B misdemeanor.
1963	1963	22 However, the offense is:
1964	1964	23 (1) a Class A misdemeanor if the person has a prior unrelated
1965	1965	24 conviction under this section; and
1966	1966	25 (2) a Level 6 felony if the use of the cannabis or cannabis
1967	1967	26 products is the proximate cause of the serious bodily injury or
1968	1968	27 death of any person.
1969	1969	28 Sec. 4. (a) A person who knowingly or intentionally:
1970	1970	29 (1) rents property; or
1971	1971	30 (2) provides or arranges for the use of property;
1972	1972	31 for the purpose of allowing or enabling a person less than
1973	1973	32 twenty-one (21) years of age to use cannabis or cannabis products
1974	1974	33 on the property commits a Class C infraction. However, the
1975	1975	34 violation is a Class B misdemeanor if the person has a prior
1976	1976	35 unrelated adjudication or conviction for a violation of this section
1977	1977	36 within the previous five (5) years.
1978	1978	37 (b) This section may not be construed to impose civil or criminal
1979	1979	38 liability upon any postsecondary educational institution, including
1980	1980	39 public and private universities and colleges, business schools,
1981	1981	40 vocational schools, and schools for continuing education, or its
1982	1982	41 agents for injury to any person or property sustained in
1983	1983	42 consequence of a violation of this section unless the institution or
1984	1984	2022 IN 414—LS 6821/DI 106 47
1985	1985	1 its agent:
1986	1986	2 (1) sells, barters, exchanges, provides, or furnishes cannabis
1987	1987	3 or cannabis products to a minor; or
1988	1988	4 (2) either:
1989	1989	5 (A) rents property; or
1990	1990	6 (B) provides or arranges for the use of property;
1991	1991	7 for the purpose of allowing or enabling a person less than
1992	1992	8 twenty-one (21) years of age to consume cannabis or cannabis
1993	1993	9 products on the property.
1994	1994	10 Sec. 5. (a) It is a Class C infraction for a person less than
1995	1995	11 twenty-one (21) years of age to enter the premises of a cannabis
1996	1996	12 retailer or other location where cannabis or cannabis products are
1997	1997	13 provided.
1998	1998	14 (b) It is a Class C infraction for a parent, guardian, trustee, or
1999	1999	15 other person having custody of a child less than eighteen (18) years
2000	2000	16 of age to take that child into a cannabis retailer or other location
2001	2001	17 where cannabis or cannabis products are provided.
2002	2002	18 (c) It is a Class C infraction for a permittee to permit the parent,
2003	2003	19 guardian, trustee, or other person having custody of a child less
2004	2004	20 than eighteen (18) years of age to be with the child in a cannabis
2005	2005	21 retailer or other location where cannabis or cannabis products are
2006	2006	22 provided.
2007	2007	23 Sec. 6. A person who knowingly or intentionally employs a
2008	2008	24 person less than twenty-one (21) years of age:
2009	2009	25 (1) where cannabis or cannabis products are provided; and
2010	2010	26 (2) in a capacity which requires or allows the person less than
2011	2011	27 twenty-one (21) years of age to provide or otherwise deal in
2012	2012	28 cannabis or cannabis products;
2013	2013	29 commits a Class B misdemeanor.
2014	2014	30 Sec. 7. A person who is at least twenty-one (21) years of age who
2015	2015	31 knowingly or intentionally aids, induces, or causes a person less
2016	2016	32 than twenty-one (21) years of age to unlawfully possess cannabis or
2017	2017	33 cannabis products commits a Class C infraction.
2018	2018	34 Sec. 8. (a) Notwithstanding any other law, an enforcement
2019	2019	35 officer with police powers may engage a person who is:
2020	2020	36 (1) at least eighteen (18) years of age; and
2021	2021	37 (2) less than twenty-one (21) years of age;
2022	2022	38 to receive or purchase cannabis or cannabis products as part of an
2023	2023	39 enforcement action under this article.
2024	2024	40 (b) The initial or contemporaneous receipt or purchase of
2025	2025	41 cannabis or cannabis products under this section by a person
2026	2026	42 described in subsection (a) must:
2027	2027	2022 IN 414—LS 6821/DI 106 48
2028	2028	1 (1) occur under the direction of an enforcement officer vested
2029	2029	2 with full police powers and duties; and
2030	2030	3 (2) be a part of the enforcement action.
2031	2031	4 Chapter 20. Persons Licensed Under IC 25
2032	2032	5 Sec. 1. A person licensed under IC 25 does not commit a crime
2033	2033	6 or an infraction under Indiana law solely for providing
2034	2034	7 professional services to persons permitted to engage in an activity
2035	2035	8 authorized by this article.
2036	2036	9 SECTION 5. IC 10-10.5-1-3, AS ADDED BY P.L.113-2020,
2037	2037	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2038	2038	11 JULY 1, 2022]: Sec. 3. "Law enforcement officer" means any of the
2039	2039	12 following:
2040	2040	13 (1) A state police officer, enforcement officer of the alcohol and
2041	2041	14 tobacco commission, enforcement officer of the cannabis
2042	2042	15 commission, or conservation officer.
2043	2043	16 (2) A county, city, or town police officer.
2044	2044	17 (3) A police officer appointed by a state educational institution
2045	2045	18 under IC 21-39-4 or school corporation under IC 20-26-16.
2046	2046	19 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
2047	2047	20 under IC 4-33-20.
2048	2048	21 SECTION 6. IC 10-13-8-5, AS ADDED BY P.L.38-2013,
2049	2049	22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2050	2050	23 JULY 1, 2022]: Sec. 5. As used in this chapter, "law enforcement
2051	2051	24 officer" means any of the following:
2052	2052	25 (1) A state police officer.
2053	2053	26 (2) A county sheriff.
2054	2054	27 (3) A county police officer.
2055	2055	28 (4) A correctional officer.
2056	2056	29 (5) An excise police officer, including an enforcement officer
2057	2057	30 of the cannabis commission.
2058	2058	31 (6) A county police reserve officer.
2059	2059	32 (7) A city police officer.
2060	2060	33 (8) A city police reserve officer.
2061	2061	34 (9) A conservation enforcement officer.
2062	2062	35 (10) A town marshal.
2063	2063	36 (11) A deputy town marshal.
2064	2064	37 (12) A probation officer.
2065	2065	38 (13) A state educational institution police officer appointed under
2066	2066	39 IC 21-39-4.
2067	2067	40 (14) A gaming agent of the Indiana gaming commission.
2068	2068	41 (15) A person employed by a political subdivision (as defined in
2069	2069	42 IC 36-1-2-13) and appointed as a special deputy under
2070	2070	2022 IN 414—LS 6821/DI 106 49
2071	2071	1 IC 36-8-10-10.6.
2072	2072	2 (16) A school corporation police officer appointed under
2073	2073	3 IC 20-26-16.
2074	2074	4 (17) A police officer of a public or private postsecondary
2075	2075	5 educational institution whose board of trustees has established a
2076	2076	6 police department under IC 21-17-5-2 or IC 21-39-4-2.
2077	2077	7 SECTION 7. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
2078	2078	8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2079	2079	9 JULY 1, 2022]: Sec. 3. As used in this chapter, "drug dealing offense"
2080	2080	10 means one (1) or more of the following offenses:
2081	2081	11 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
2082	2082	12 the person received only minimal consideration as a result of the
2083	2083	13 drug transaction.
2084	2084	14 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
2085	2085	15 person received only minimal consideration as a result of the drug
2086	2086	16 transaction.
2087	2087	17 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
2088	2088	18 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
2089	2089	19 only minimal consideration as a result of the drug transaction.
2090	2090	20 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
2091	2091	21 cannabinoid or possession of mislabeled low THC hemp
2092	2092	22 extract (IC 35-48-4-10) unless the person received only minimal
2093	2093	23 consideration as a result of the drug transaction.
2094	2094	24 SECTION 8. IC 16-31-3-14, AS AMENDED BY P.L.142-2020,
2095	2095	25 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2096	2096	26 JULY 1, 2022]: Sec. 14. (a) A person holding a certificate or license
2097	2097	27 issued under this article must comply with the applicable standards and
2098	2098	28 rules established under this article. A certificate holder or license
2099	2099	29 holder is subject to disciplinary sanctions under subsection (b) if the
2100	2100	30 department of homeland security determines that the certificate holder
2101	2101	31 or license holder:
2102	2102	32 (1) engaged in or knowingly cooperated in fraud or material
2103	2103	33 deception in order to obtain a certificate or license, including
2104	2104	34 cheating on a certification or licensure examination;
2105	2105	35 (2) engaged in fraud or material deception in the course of
2106	2106	36 professional services or activities;
2107	2107	37 (3) advertised services or goods in a false or misleading manner;
2108	2108	38 (4) falsified or knowingly allowed another person to falsify
2109	2109	39 attendance records or certificates of completion of continuing
2110	2110	40 education courses required under this article or rules adopted
2111	2111	41 under this article;
2112	2112	42 (5) is convicted of a crime, if the act that resulted in the
2113	2113	2022 IN 414—LS 6821/DI 106 50
2114	2114	1 conviction has a direct bearing on determining if the certificate
2115	2115	2 holder or license holder should be entrusted to provide emergency
2116	2116	3 medical services;
2117	2117	4 (6) is convicted of violating IC 9-19-14.5;
2118	2118	5 (7) fails to comply and maintain compliance with or violates any
2119	2119	6 applicable provision, standard, or other requirement of this article
2120	2120	7 or rules adopted under this article;
2121	2121	8 (8) continues to practice if the certificate holder or license holder
2122	2122	9 becomes unfit to practice due to:
2123	2123	10 (A) professional incompetence that includes the undertaking
2124	2124	11 of professional activities that the certificate holder or license
2125	2125	12 holder is not qualified by training or experience to undertake;
2126	2126	13 (B) failure to keep abreast of current professional theory or
2127	2127	14 practice;
2128	2128	15 (C) physical or mental disability; or
2129	2129	16 (D) addiction to, abuse of, or dependency on alcohol or other
2130	2130	17 drugs that endanger the public by impairing the certificate
2131	2131	18 holder's or license holder's ability to practice safely;
2132	2132	19 (9) engages in a course of lewd or immoral conduct in connection
2133	2133	20 with the delivery of services to the public;
2134	2134	21 (10) allows the certificate holder's or license holder's name or a
2135	2135	22 certificate or license issued under this article to be used in
2136	2136	23 connection with a person who renders services beyond the scope
2137	2137	24 of that person's training, experience, or competence;
2138	2138	25 (11) is subjected to disciplinary action in another state or
2139	2139	26 jurisdiction on grounds similar to those contained in this chapter.
2140	2140	27 For purposes of this subdivision, a certified copy of a record of
2141	2141	28 disciplinary action constitutes prima facie evidence of a
2142	2142	29 disciplinary action in another jurisdiction;
2143	2143	30 (12) assists another person in committing an act that would
2144	2144	31 constitute a ground for disciplinary sanction under this chapter;
2145	2145	32 or
2146	2146	33 (13) allows a certificate or license issued by the commission to
2147	2147	34 be:
2148	2148	35 (A) used by another person; or
2149	2149	36 (B) displayed to the public when the certificate or license is
2150	2150	37 expired, inactive, invalid, revoked, or suspended.
2151	2151	38 (b) The department of homeland security may issue an order under
2152	2152	39 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
2153	2153	40 the department of homeland security determines that a certificate
2154	2154	41 holder or license holder is subject to disciplinary sanctions under
2155	2155	42 subsection (a):
2156	2156	2022 IN 414—LS 6821/DI 106 51
2157	2157	1 (1) Revocation of a certificate holder's certificate or license
2158	2158	2 holder's license for a period not to exceed seven (7) years.
2159	2159	3 (2) Suspension of a certificate holder's certificate or license
2160	2160	4 holder's license for a period not to exceed seven (7) years.
2161	2161	5 (3) Censure of a certificate holder or license holder.
2162	2162	6 (4) Issuance of a letter of reprimand.
2163	2163	7 (5) Assessment of a civil penalty against the certificate holder or
2164	2164	8 license holder in accordance with the following:
2165	2165	9 (A) The civil penalty may not exceed five hundred dollars
2166	2166	10 ($500) per day per violation.
2167	2167	11 (B) If the certificate holder or license holder fails to pay the
2168	2168	12 civil penalty within the time specified by the department of
2169	2169	13 homeland security, the department of homeland security may
2170	2170	14 suspend the certificate holder's certificate or license holder's
2171	2171	15 license without additional proceedings.
2172	2172	16 (6) Placement of a certificate holder or license holder on
2173	2173	17 probation status and requirement of the certificate holder or
2174	2174	18 license holder to:
2175	2175	19 (A) report regularly to the department of homeland security
2176	2176	20 upon the matters that are the basis of probation;
2177	2177	21 (B) limit practice to those areas prescribed by the department
2178	2178	22 of homeland security;
2179	2179	23 (C) continue or renew professional education approved by the
2180	2180	24 department of homeland security until a satisfactory degree of
2181	2181	25 skill has been attained in those areas that are the basis of the
2182	2182	26 probation; or
2183	2183	27 (D) perform or refrain from performing any acts, including
2184	2184	28 community restitution or service without compensation, that
2185	2185	29 the department of homeland security considers appropriate to
2186	2186	30 the public interest or to the rehabilitation or treatment of the
2187	2187	31 certificate holder or license holder.
2188	2188	32 The department of homeland security may withdraw or modify
2189	2189	33 this probation if the department of homeland security finds after
2190	2190	34 a hearing that the deficiency that required disciplinary action is
2191	2191	35 remedied or that changed circumstances warrant a modification
2192	2192	36 of the order.
2193	2193	37 (c) If an applicant or a certificate holder or license holder has
2194	2194	38 engaged in or knowingly cooperated in fraud or material deception to
2195	2195	39 obtain a certificate or license, including cheating on the certification or
2196	2196	40 licensure examination, the department of homeland security may
2197	2197	41 rescind the certificate or license if it has been granted, void the
2198	2198	42 examination or other fraudulent or deceptive material, and prohibit the
2199	2199	2022 IN 414—LS 6821/DI 106 52
2200	2200	1 applicant from reapplying for the certificate or license for a length of
2201	2201	2 time established by the department of homeland security.
2202	2202	3 (d) The department of homeland security may deny certification or
2203	2203	4 licensure to an applicant who would be subject to disciplinary sanctions
2204	2204	5 under subsection (b) if that person were a certificate holder or license
2205	2205	6 holder, has had disciplinary action taken against the applicant or the
2206	2206	7 applicant's certificate or license to practice in another state or
2207	2207	8 jurisdiction, or has practiced without a certificate or license in violation
2208	2208	9 of the law. A certified copy of the record of disciplinary action is
2209	2209	10 conclusive evidence of the other jurisdiction's disciplinary action.
2210	2210	11 (e) The department of homeland security may order a certificate
2211	2211	12 holder or license holder to submit to a reasonable physical or mental
2212	2212	13 examination if the certificate holder's or license holder's physical or
2213	2213	14 mental capacity to practice safely and competently is at issue in a
2214	2214	15 disciplinary proceeding. Failure to comply with a department of
2215	2215	16 homeland security order to submit to a physical or mental examination
2216	2216	17 makes a certificate holder or license holder liable to temporary
2217	2217	18 suspension under subsection (i).
2218	2218	19 (f) Except as provided under subsection (a), subsection (g), and
2219	2219	20 section 14.5 of this chapter, a certificate or license may not be denied,
2220	2220	21 revoked, or suspended because the applicant, certificate holder, or
2221	2221	22 license holder has been convicted of an offense. The acts from which
2222	2222	23 the applicant's, certificate holder's, or license holder's conviction
2223	2223	24 resulted may be considered as to whether the applicant or certificate
2224	2224	25 holder or license holder should be entrusted to serve the public in a
2225	2225	26 specific capacity.
2226	2226	27 (g) The department of homeland security may deny, suspend, or
2227	2227	28 revoke a certificate or license issued under this article if the individual
2228	2228	29 who holds or is applying for the certificate or license is convicted of
2229	2229	30 any of the following:
2230	2230	31 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2231	2231	32 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2232	2232	33 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2233	2233	34 (4) Fraudulently obtaining a controlled substance under
2234	2234	35 IC 35-48-4-7(c).
2235	2235	36 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2236	2236	37 committed before July 1, 2014) or Level 6 felony (for a crime
2237	2237	38 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2238	2238	39 (6) Dealing in paraphernalia as a Class D felony (for a crime
2239	2239	40 committed before July 1, 2014) or Level 6 felony (for a crime
2240	2240	41 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2241	2241	42 (7) Possession of paraphernalia as a Class D felony (for a crime
2242	2242	2022 IN 414—LS 6821/DI 106 53
2243	2243	1 committed before July 1, 2014) or Level 6 felony (for a crime
2244	2244	2 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2245	2245	3 its amendment on July 1, 2015).
2246	2246	4 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2247	2247	5 D felony (for a crime committed before July 1, 2014) or Level 6
2248	2248	6 felony (for a crime committed after June 30, 2014) under
2249	2249	7 IC 35-48-4-11.
2250	2250	8 (9) A felony offense under IC 35-48-4 involving:
2251	2251	9 (A) possession of a synthetic drug (as defined in
2252	2252	10 IC 35-31.5-2-321);
2253	2253	11 (B) possession of a synthetic drug lookalike substance (as
2254	2254	12 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2255	2255	13 2019)) as a:
2256	2256	14 (i) Class D felony (for a crime committed before July 1,
2257	2257	15 2014); or
2258	2258	16 (ii) Level 6 felony (for a crime committed after June 30,
2259	2259	17 2014);
2260	2260	18 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
2261	2261	19 (C) possession of a controlled substance analog (as defined in
2262	2262	20 IC 35-48-1-9.3).
2263	2263	21 (10) Maintaining a common nuisance under IC 35-48-4-13
2264	2264	22 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2265	2265	23 controlled substance.
2266	2266	24 (11) An offense relating to registration, labeling, and prescription
2267	2267	25 forms under IC 35-48-4-14.
2268	2268	26 (h) A decision of the department of homeland security under
2269	2269	27 subsections (b) through (g) may be appealed to the commission under
2270	2270	28 IC 4-21.5-3-7.
2271	2271	29 (i) The department of homeland security may temporarily suspend
2272	2272	30 a certificate holder's certificate or license holder's license under
2273	2273	31 IC 4-21.5-4 before a final adjudication or during the appeals process if
2274	2274	32 the department of homeland security finds that a certificate holder or
2275	2275	33 license holder would represent a clear and immediate danger to the
2276	2276	34 public's health, safety, or property if the certificate holder or license
2277	2277	35 holder were allowed to continue to practice.
2278	2278	36 (j) On receipt of a complaint or information alleging that a person
2279	2279	37 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
2280	2280	38 or is engaging in a practice that is subject to disciplinary sanctions
2281	2281	39 under this chapter, the department of homeland security must initiate
2282	2282	40 an investigation against the person.
2283	2283	41 (k) The department of homeland security shall conduct a factfinding
2284	2284	42 investigation as the department of homeland security considers proper
2285	2285	2022 IN 414—LS 6821/DI 106 54
2286	2286	1 in relation to the complaint.
2287	2287	2 (l) The department of homeland security may reinstate a certificate
2288	2288	3 or license that has been suspended under this section if the department
2289	2289	4 of homeland security is satisfied that the applicant is able to practice
2290	2290	5 with reasonable skill, competency, and safety to the public. As a
2291	2291	6 condition of reinstatement, the department of homeland security may
2292	2292	7 impose disciplinary or corrective measures authorized under this
2293	2293	8 chapter.
2294	2294	9 (m) The department of homeland security may not reinstate a
2295	2295	10 certificate or license that has been revoked under this chapter.
2296	2296	11 (n) The department of homeland security must be consistent in the
2297	2297	12 application of sanctions authorized in this chapter. Significant
2298	2298	13 departures from prior decisions involving similar conduct must be
2299	2299	14 explained in the department of homeland security's findings or orders.
2300	2300	15 (o) A certificate holder may not surrender the certificate holder's
2301	2301	16 certificate, and a license holder may not surrender the license holder's
2302	2302	17 license, without the written approval of the department of homeland
2303	2303	18 security, and the department of homeland security may impose any
2304	2304	19 conditions appropriate to the surrender or reinstatement of a
2305	2305	20 surrendered certificate or license.
2306	2306	21 (p) For purposes of this section, "certificate holder" means a person
2307	2307	22 who holds:
2308	2308	23 (1) an unlimited certificate;
2309	2309	24 (2) a limited or probationary certificate; or
2310	2310	25 (3) an inactive certificate.
2311	2311	26 (q) For purposes of this section, "license holder" means a person
2312	2312	27 who holds:
2313	2313	28 (1) an unlimited license;
2314	2314	29 (2) a limited or probationary license; or
2315	2315	30 (3) an inactive license.
2316	2316	31 SECTION 9. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
2317	2317	32 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2318	2318	33 JULY 1, 2022]: Sec. 14.5. The department of homeland security may
2319	2319	34 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
2320	2320	35 certification or licensure or permanently revoke a certificate or license
2321	2321	36 under procedures provided by section 14 of this chapter if the
2322	2322	37 individual who holds the certificate or license issued under this title is
2323	2323	38 convicted of any of the following:
2324	2324	39 (1) Dealing in a controlled substance resulting in death under
2325	2325	40 IC 35-42-1-1.5.
2326	2326	41 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2327	2327	42 IC 35-48-4-1.
2328	2328	2022 IN 414—LS 6821/DI 106 55
2329	2329	1 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2330	2330	2 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2331	2331	3 (5) Dealing in a schedule I, II, or III controlled substance under
2332	2332	4 IC 35-48-4-2.
2333	2333	5 (6) Dealing in a schedule IV controlled substance under
2334	2334	6 IC 35-48-4-3.
2335	2335	7 (7) Dealing in a schedule V controlled substance under
2336	2336	8 IC 35-48-4-4.
2337	2337	9 (8) Dealing in a substance represented to be a controlled
2338	2338	10 substance under IC 35-48-4-4.5 (repealed).
2339	2339	11 (9) Knowingly or intentionally manufacturing, advertising,
2340	2340	12 distributing, or possessing with intent to manufacture, advertise,
2341	2341	13 or distribute a substance represented to be a controlled substance
2342	2342	14 under IC 35-48-4-4.6.
2343	2343	15 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2344	2344	16 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2345	2345	17 mislabeled low THC hemp extract as a felony under
2346	2346	18 IC 35-48-4-10.
2347	2347	19 (12) An offense under IC 35-48-4 involving the manufacture or
2348	2348	20 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2349	2349	21 synthetic drug lookalike substance (as defined in
2350	2350	22 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2351	2351	23 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2352	2352	24 substance analog (as defined in IC 35-48-1-9.3), or a substance
2353	2353	25 represented to be a controlled substance (as described in
2354	2354	26 IC 35-48-4-4.6).
2355	2355	27 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
2356	2356	28 SECTION 10. IC 16-42-27-2, AS AMENDED BY P.L.80-2019,
2357	2357	29 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2358	2358	30 JULY 1, 2022]: Sec. 2. (a) A prescriber may, directly or by standing
2359	2359	31 order, prescribe or dispense an overdose intervention drug without
2360	2360	32 examining the individual to whom it may be administered if all of the
2361	2361	33 following conditions are met:
2362	2362	34 (1) The overdose intervention drug is dispensed or prescribed to:
2363	2363	35 (A) a person at risk of experiencing an opioid-related
2364	2364	36 overdose; or
2365	2365	37 (B) a family member, a friend, or any other individual or entity
2366	2366	38 in a position to assist an individual who, there is reason to
2367	2367	39 believe, is at risk of experiencing an opioid-related overdose.
2368	2368	40 (2) The prescriber instructs the individual receiving the overdose
2369	2369	41 intervention drug or prescription to summon emergency services
2370	2370	42 either immediately before or immediately after administering the
2371	2371	2022 IN 414—LS 6821/DI 106 56
2372	2372	1 overdose intervention drug to an individual experiencing an
2373	2373	2 opioid-related overdose.
2374	2374	3 (3) The prescriber provides education and training on drug
2375	2375	4 overdose response and treatment, including the administration of
2376	2376	5 an overdose intervention drug.
2377	2377	6 (4) The prescriber provides drug addiction treatment information
2378	2378	7 and referrals to drug treatment programs, including programs in
2379	2379	8 the local area and programs that offer medication assisted
2380	2380	9 treatment that includes a federal Food and Drug Administration
2381	2381	10 approved long acting, nonaddictive medication for the treatment
2382	2382	11 of opioid or alcohol dependence.
2383	2383	12 (b) A prescriber may provide a prescription of an overdose
2384	2384	13 intervention drug to an individual as a part of the individual's addiction
2385	2385	14 treatment plan.
2386	2386	15 (c) An individual described in subsection (a)(1) may administer an
2387	2387	16 overdose intervention drug to an individual who is suffering from an
2388	2388	17 overdose.
2389	2389	18 (d) An individual described in subsection (a)(1) may not be
2390	2390	19 considered to be practicing medicine without a license in violation of
2391	2391	20 IC 25-22.5-8-2, if the individual, acting in good faith, does the
2392	2392	21 following:
2393	2393	22 (1) Obtains the overdose intervention drug from a prescriber or
2394	2394	23 entity acting under a standing order issued by a prescriber.
2395	2395	24 (2) Administers the overdose intervention drug to an individual
2396	2396	25 who is experiencing an apparent opioid-related overdose.
2397	2397	26 (3) Attempts to summon emergency services either immediately
2398	2398	27 before or immediately after administering the overdose
2399	2399	28 intervention drug.
2400	2400	29 (e) An entity acting under a standing order issued by a prescriber
2401	2401	30 must do the following:
2402	2402	31 (1) Annually register with either the:
2403	2403	32 (A) state department; or
2404	2404	33 (B) local health department in the county where services will
2405	2405	34 be provided by the entity;
2406	2406	35 in a manner prescribed by the state department.
2407	2407	36 (2) Provide education and training on drug overdose response and
2408	2408	37 treatment, including the administration of an overdose
2409	2409	38 intervention drug.
2410	2410	39 (3) Provide drug addiction treatment information and referrals to
2411	2411	40 drug treatment programs, including programs in the local area and
2412	2412	41 programs that offer medication assisted treatment that includes a
2413	2413	42 federal Food and Drug Administration approved long acting,
2414	2414	2022 IN 414—LS 6821/DI 106 57
2415	2415	1 nonaddictive medication for the treatment of opioid or alcohol
2416	2416	2 dependence.
2417	2417	3 (4) Submit an annual report to the state department containing:
2418	2418	4 (A) the number of sales of the overdose intervention drug
2419	2419	5 dispensed;
2420	2420	6 (B) the dates of sale of the overdose intervention drug
2421	2421	7 dispensed; and
2422	2422	8 (C) any additional information requested by the state
2423	2423	9 department.
2424	2424	10 (f) The state department shall ensure that a statewide standing order
2425	2425	11 for the dispensing of an overdose intervention drug in Indiana is issued
2426	2426	12 under this section. The state health commissioner or a designated
2427	2427	13 public health authority who is a licensed prescriber may, as part of the
2428	2428	14 individual's official capacity, issue a statewide standing order that may
2429	2429	15 be used for the dispensing of an overdose intervention drug under this
2430	2430	16 section. The immunity provided in IC 34-13-3-3 applies to an
2431	2431	17 individual described in this subsection.
2432	2432	18 (g) A law enforcement officer may not take an individual into
2433	2433	19 custody based solely on the commission of an offense described in
2434	2434	20 subsection (h), if the law enforcement officer, after making a
2435	2435	21 reasonable determination and considering the facts and surrounding
2436	2436	22 circumstances, reasonably believes that the individual:
2437	2437	23 (1) obtained the overdose intervention drug as described in
2438	2438	24 subsection (a)(1);
2439	2439	25 (2) complied with the provisions in subsection (d);
2440	2440	26 (3) administered an overdose intervention drug to an individual
2441	2441	27 who appeared to be experiencing an opioid-related overdose;
2442	2442	28 (4) provided:
2443	2443	29 (A) the individual's full name; and
2444	2444	30 (B) any other relevant information requested by the law
2445	2445	31 enforcement officer;
2446	2446	32 (5) remained at the scene with the individual who reasonably
2447	2447	33 appeared to be in need of medical assistance until emergency
2448	2448	34 medical assistance arrived;
2449	2449	35 (6) cooperated with emergency medical assistance personnel and
2450	2450	36 law enforcement officers at the scene; and
2451	2451	37 (7) came into contact with law enforcement because the
2452	2452	38 individual requested emergency medical assistance for another
2453	2453	39 individual who appeared to be experiencing an opioid-related
2454	2454	40 overdose.
2455	2455	41 (h) An individual who meets the criteria in subsection (g) is immune
2456	2456	42 from criminal prosecution for the following:
2457	2457	2022 IN 414—LS 6821/DI 106 58
2458	2458	1 (1) IC 35-48-4-6 (possession of cocaine).
2459	2459	2 (2) IC 35-48-4-6.1 (possession of methamphetamine).
2460	2460	3 (3) IC 35-48-4-7 (possession of a controlled substance).
2461	2461	4 (4) IC 35-48-4-8.3 (possession of paraphernalia).
2462	2462	5 (5) IC 35-48-4-11 (possession of marijuana). salvia).
2463	2463	6 (6) An offense under IC 35-48-4 involving possession of a
2464	2464	7 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2465	2465	8 controlled substance analog (as defined in IC 35-48-1-9.3), or
2466	2466	9 possession of a substance represented to be a controlled substance
2467	2467	10 (as described in IC 35-48-4-4.6).
2468	2468	11 SECTION 11. IC 20-28-5-8, AS AMENDED BY P.L.174-2021,
2469	2469	12 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2470	2470	13 JULY 1, 2022]: Sec. 8. (a) This section applies when a prosecuting
2471	2471	14 attorney knows that a licensed employee of a public school or a
2472	2472	15 nonpublic school has been convicted of an offense listed in subsection
2473	2473	16 (c). The prosecuting attorney shall immediately give written notice of
2474	2474	17 the conviction to the following:
2475	2475	18 (1) The secretary of education.
2476	2476	19 (2) Except as provided in subdivision (3), the superintendent of
2477	2477	20 the school corporation that employs the licensed employee or the
2478	2478	21 equivalent authority if a nonpublic school employs the licensed
2479	2479	22 employee.
2480	2480	23 (3) The presiding officer of the governing body of the school
2481	2481	24 corporation that employs the licensed employee, if the convicted
2482	2482	25 licensed employee is the superintendent of the school corporation.
2483	2483	26 (b) The superintendent of a school corporation, presiding officer of
2484	2484	27 the governing body, or equivalent authority for a nonpublic school shall
2485	2485	28 immediately notify the secretary of education when the individual
2486	2486	29 knows that a current or former licensed employee of the public school
2487	2487	30 or nonpublic school has been convicted of an offense listed in
2488	2488	31 subsection (c), or when the governing body or equivalent authority for
2489	2489	32 a nonpublic school takes any final action in relation to an employee
2490	2490	33 who engaged in any offense listed in subsection (c).
2491	2491	34 (c) Except as provided in section 8.5 of this chapter, the department
2492	2492	35 shall permanently revoke the license of a person who is known by the
2493	2493	36 department to have been convicted of any of the following felonies:
2494	2494	37 (1) Kidnapping (IC 35-42-3-2).
2495	2495	38 (2) Criminal confinement (IC 35-42-3-3).
2496	2496	39 (3) Rape (IC 35-42-4-1).
2497	2497	40 (4) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
2498	2498	41 (5) Child molesting (IC 35-42-4-3).
2499	2499	42 (6) An offense under IC 35-42-4-4(b) or IC 35-42-4-4(c).
2500	2500	2022 IN 414—LS 6821/DI 106 59
2501	2501	1 (7) Vicarious sexual gratification (IC 35-42-4-5).
2502	2502	2 (8) Child solicitation (IC 35-42-4-6).
2503	2503	3 (9) Child seduction (IC 35-42-4-7).
2504	2504	4 (10) Sexual misconduct with a minor (IC 35-42-4-9).
2505	2505	5 (11) Incest (IC 35-46-1-3).
2506	2506	6 (12) Dealing in or manufacturing cocaine or a narcotic drug (IC
2507	2507	7 35-48-4-1).
2508	2508	8 (13) Dealing in methamphetamine (IC 35-48-4-1.1).
2509	2509	9 (14) Manufacturing methamphetamine (IC 35-48-4-1.2).
2510	2510	10 (15) Dealing in a schedule I, II, or III controlled substance (IC
2511	2511	11 35-48-4-2).
2512	2512	12 (16) Dealing in a schedule IV controlled substance (IC
2513	2513	13 35-48-4-3).
2514	2514	14 (17) Dealing in a schedule V controlled substance (IC 35-48-4-4).
2515	2515	15 (18) Dealing in a counterfeit substance (IC 35-48-4-5).
2516	2516	16 (19) Dealing in marijuana, hash oil, hashish, or salvia or
2517	2517	17 mislabeled low THC hemp extract as a felony (IC 35-48-4-10).
2518	2518	18 (20) An offense under IC 35-48-4 involving the manufacture or
2519	2519	19 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2520	2520	20 synthetic drug lookalike substance (as defined in
2521	2521	21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2522	2522	22 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2523	2523	23 substance analog (as defined in IC 35-48-1-9.3), or a substance
2524	2524	24 represented to be a controlled substance (as described in
2525	2525	25 IC 35-48-4-4.6).
2526	2526	26 (21) Possession of child pornography (IC 35-42-4-4(d) or
2527	2527	27 IC 35-42-4-4(e)).
2528	2528	28 (22) Homicide (IC 35-42-1).
2529	2529	29 (23) Voluntary manslaughter (IC 35-42-1-3).
2530	2530	30 (24) Reckless homicide (IC 35-42-1-5).
2531	2531	31 (25) Battery as any of the following:
2532	2532	32 (A) A Class A felony (for a crime committed before July 1,
2533	2533	33 2014) or a Level 2 felony (for a crime committed after June
2534	2534	34 30, 2014).
2535	2535	35 (B) A Class B felony (for a crime committed before July 1,
2536	2536	36 2014) or a Level 3 felony (for a crime committed after June
2537	2537	37 30, 2014).
2538	2538	38 (C) A Class C felony (for a crime committed before July 1,
2539	2539	39 2014) or a Level 5 felony (for a crime committed after June
2540	2540	40 30, 2014).
2541	2541	41 (26) Aggravated battery (IC 35-42-2-1.5).
2542	2542	42 (27) Robbery (IC 35-42-5-1).
2543	2543	2022 IN 414—LS 6821/DI 106 60
2544	2544	1 (28) Carjacking (IC 35-42-5-2) (before its repeal).
2545	2545	2 (29) Arson as a Class A felony or Class B felony (for a crime
2546	2546	3 committed before July 1, 2014) or as a Level 2, Level 3, or Level
2547	2547	4 4 felony (for a crime committed after June 30, 2014) (IC
2548	2548	5 35-43-1-1(a)).
2549	2549	6 (30) Burglary as a Class A felony or Class B felony (for a crime
2550	2550	7 committed before July 1, 2014) or as a Level 1, Level 2, Level 3,
2551	2551	8 or Level 4 felony (for a crime committed after June 30, 2014) (IC
2552	2552	9 35-43-2-1).
2553	2553	10 (31) Human trafficking (IC 35-42-3.5).
2554	2554	11 (32) Dealing in a controlled substance resulting in death (IC
2555	2555	12 35-42-1-1.5).
2556	2556	13 (33) Attempt under IC 35-41-5-1 to commit an offense listed in
2557	2557	14 this subsection.
2558	2558	15 (34) Conspiracy under IC 35-41-5-2 to commit an offense listed
2559	2559	16 in this subsection.
2560	2560	17 (d) The department shall permanently revoke the license of a person
2561	2561	18 who is known by the department to have been convicted of a federal
2562	2562	19 offense or an offense in another state that is comparable to a felony
2563	2563	20 listed in subsection (c).
2564	2564	21 (e) A license may be suspended by the secretary of education as
2565	2565	22 specified in IC 20-28-7.5.
2566	2566	23 (f) The department shall develop a data base of information on
2567	2567	24 school corporation employees who have been reported to the
2568	2568	25 department under this section.
2569	2569	26 (g) Upon receipt of information from the office of judicial
2570	2570	27 administration in accordance with IC 33-24-6-3 concerning persons
2571	2571	28 convicted of an offense listed in subsection (c), the department shall:
2572	2572	29 (1) cross check the information received from the office of
2573	2573	30 judicial administration with information concerning licensed
2574	2574	31 teachers (as defined in IC 20-18-2-22(b)) maintained by the
2575	2575	32 department; and
2576	2576	33 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
2577	2577	34 convicted of an offense described in subsection (c), revoke the
2578	2578	35 licensed teacher's license.
2579	2579	36 SECTION 12. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
2580	2580	37 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2581	2581	38 JULY 1, 2022]: Sec. 16. (a) A practitioner shall comply with the
2582	2582	39 standards established under this licensing program. A practitioner is
2583	2583	40 subject to the exercise of the disciplinary sanctions under subsection
2584	2584	41 (b) if the department finds that a practitioner has:
2585	2585	42 (1) engaged in or knowingly cooperated in fraud or material
2586	2586	2022 IN 414—LS 6821/DI 106 61
2587	2587	1 deception in order to obtain a license to practice, including
2588	2588	2 cheating on a licensing examination;
2589	2589	3 (2) engaged in fraud or material deception in the course of
2590	2590	4 professional services or activities;
2591	2591	5 (3) advertised services or goods in a false or misleading manner;
2592	2592	6 (4) falsified or knowingly allowed another person to falsify
2593	2593	7 attendance records or certificates of completion of continuing
2594	2594	8 education courses provided under this chapter;
2595	2595	9 (5) been convicted of a crime that has a direct bearing on the
2596	2596	10 practitioner's ability to continue to practice competently;
2597	2597	11 (6) knowingly violated a state statute or rule or federal statute or
2598	2598	12 regulation regulating the profession for which the practitioner is
2599	2599	13 licensed;
2600	2600	14 (7) continued to practice although the practitioner has become
2601	2601	15 unfit to practice due to:
2602	2602	16 (A) professional incompetence;
2603	2603	17 (B) failure to keep abreast of current professional theory or
2604	2604	18 practice;
2605	2605	19 (C) physical or mental disability; or
2606	2606	20 (D) addiction to, abuse of, or severe dependency on alcohol or
2607	2607	21 other drugs that endanger the public by impairing a
2608	2608	22 practitioner's ability to practice safely;
2609	2609	23 (8) engaged in a course of lewd or immoral conduct in connection
2610	2610	24 with the delivery of services to the public;
2611	2611	25 (9) allowed the practitioner's name or a license issued under this
2612	2612	26 chapter to be used in connection with an individual or business
2613	2613	27 who renders services beyond the scope of that individual's or
2614	2614	28 business's training, experience, or competence;
2615	2615	29 (10) had disciplinary action taken against the practitioner or the
2616	2616	30 practitioner's license to practice in another state or jurisdiction on
2617	2617	31 grounds similar to those under this chapter;
2618	2618	32 (11) assisted another person in committing an act that would
2619	2619	33 constitute a ground for disciplinary sanction under this chapter;
2620	2620	34 or
2621	2621	35 (12) allowed a license issued by the department to be:
2622	2622	36 (A) used by another person; or
2623	2623	37 (B) displayed to the public when the license has expired, is
2624	2624	38 inactive, is invalid, or has been revoked or suspended.
2625	2625	39 For purposes of subdivision (10), a certified copy of a record of
2626	2626	40 disciplinary action constitutes prima facie evidence of a disciplinary
2627	2627	41 action in another jurisdiction.
2628	2628	42 (b) The department may impose one (1) or more of the following
2629	2629	2022 IN 414—LS 6821/DI 106 62
2630	2630	1 sanctions if the department finds that a practitioner is subject to
2631	2631	2 disciplinary sanctions under subsection (a):
2632	2632	3 (1) Permanent revocation of a practitioner's license.
2633	2633	4 (2) Suspension of a practitioner's license.
2634	2634	5 (3) Censure of a practitioner.
2635	2635	6 (4) Issuance of a letter of reprimand.
2636	2636	7 (5) Assessment of a civil penalty against the practitioner in
2637	2637	8 accordance with the following:
2638	2638	9 (A) The civil penalty may not be more than one thousand
2639	2639	10 dollars ($1,000) for each violation listed in subsection (a),
2640	2640	11 except for a finding of incompetency due to a physical or
2641	2641	12 mental disability.
2642	2642	13 (B) When imposing a civil penalty, the department shall
2643	2643	14 consider a practitioner's ability to pay the amount assessed. If
2644	2644	15 the practitioner fails to pay the civil penalty within the time
2645	2645	16 specified by the department, the department may suspend the
2646	2646	17 practitioner's license without additional proceedings. However,
2647	2647	18 a suspension may not be imposed if the sole basis for the
2648	2648	19 suspension is the practitioner's inability to pay a civil penalty.
2649	2649	20 (6) Placement of a practitioner on probation status and
2650	2650	21 requirement of the practitioner to:
2651	2651	22 (A) report regularly to the department upon the matters that
2652	2652	23 are the basis of probation;
2653	2653	24 (B) limit practice to those areas prescribed by the department;
2654	2654	25 (C) continue or renew professional education approved by the
2655	2655	26 department until a satisfactory degree of skill has been attained
2656	2656	27 in those areas that are the basis of the probation; or
2657	2657	28 (D) perform or refrain from performing any acts, including
2658	2658	29 community restitution or service without compensation, that
2659	2659	30 the department considers appropriate to the public interest or
2660	2660	31 to the rehabilitation or treatment of the practitioner.
2661	2661	32 The department may withdraw or modify this probation if the
2662	2662	33 department finds after a hearing that the deficiency that required
2663	2663	34 disciplinary action has been remedied or that changed
2664	2664	35 circumstances warrant a modification of the order.
2665	2665	36 (c) If an applicant or a practitioner has engaged in or knowingly
2666	2666	37 cooperated in fraud or material deception to obtain a license to
2667	2667	38 practice, including cheating on the licensing examination, the
2668	2668	39 department may rescind the license if it has been granted, void the
2669	2669	40 examination or other fraudulent or deceptive material, and prohibit the
2670	2670	41 applicant from reapplying for the license for a length of time
2671	2671	42 established by the department.
2672	2672	2022 IN 414—LS 6821/DI 106 63
2673	2673	1 (d) The department may deny licensure to an applicant who has had
2674	2674	2 disciplinary action taken against the applicant or the applicant's license
2675	2675	3 to practice in another state or jurisdiction or who has practiced without
2676	2676	4 a license in violation of the law. A certified copy of the record of
2677	2677	5 disciplinary action is conclusive evidence of the other jurisdiction's
2678	2678	6 disciplinary action.
2679	2679	7 (e) The department may order a practitioner to submit to a
2680	2680	8 reasonable physical or mental examination if the practitioner's physical
2681	2681	9 or mental capacity to practice safely and competently is at issue in a
2682	2682	10 disciplinary proceeding. Failure to comply with a department order to
2683	2683	11 submit to a physical or mental examination makes a practitioner liable
2684	2684	12 to temporary suspension under subsection (j).
2685	2685	13 (f) Except as provided under subsection (g) or (h), a license may not
2686	2686	14 be denied, revoked, or suspended because the applicant or holder has
2687	2687	15 been convicted of an offense. The acts from which the applicant's or
2688	2688	16 holder's conviction resulted may, however, be considered as to whether
2689	2689	17 the applicant or holder should be entrusted to serve the public in a
2690	2690	18 specific capacity.
2691	2691	19 (g) The department may deny, suspend, or revoke a license issued
2692	2692	20 under this chapter if the individual who holds the license is convicted
2693	2693	21 of any of the following:
2694	2694	22 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2695	2695	23 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2696	2696	24 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2697	2697	25 (4) Fraudulently obtaining a controlled substance under
2698	2698	26 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
2699	2699	27 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
2700	2700	28 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2701	2701	29 committed before July 1, 2014) or a Level 6 felony (for a crime
2702	2702	30 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2703	2703	31 (6) Dealing in paraphernalia as a Class D felony (for a crime
2704	2704	32 committed before July 1, 2014) or a Level 6 felony (for a crime
2705	2705	33 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2706	2706	34 (7) Possession of paraphernalia as a Class D felony (for a crime
2707	2707	35 committed before July 1, 2014) or a Level 6 felony (for a crime
2708	2708	36 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2709	2709	37 its amendment on July 1, 2015).
2710	2710	38 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2711	2711	39 D felony (for a crime committed before July 1, 2014) or a Level
2712	2712	40 6 felony (for a crime committed after June 30, 2014) under
2713	2713	41 IC 35-48-4-11.
2714	2714	42 (9) A felony offense under IC 35-48-4 involving possession of a
2715	2715	2022 IN 414—LS 6821/DI 106 64
2716	2716	1 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2717	2717	2 controlled substance analog (as defined in IC 35-48-1-9.3), or
2718	2718	3 possession of a synthetic drug lookalike substance (as defined in
2719	2719	4 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
2720	2720	5 (A) Class D felony for a crime committed before July 1, 2014;
2721	2721	6 or
2722	2722	7 (B) Level 6 felony for a crime committed after June 30, 2014;
2723	2723	8 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
2724	2724	9 (10) Maintaining a common nuisance under IC 35-48-4-13
2725	2725	10 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2726	2726	11 controlled substance.
2727	2727	12 (11) An offense relating to registration, labeling, and prescription
2728	2728	13 forms under IC 35-48-4-14.
2729	2729	14 (h) The department shall deny, revoke, or suspend a license issued
2730	2730	15 under this chapter if the individual who holds the license is convicted
2731	2731	16 of any of the following:
2732	2732	17 (1) Dealing in a controlled substance resulting in death under
2733	2733	18 IC 35-42-1-1.5.
2734	2734	19 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
2735	2735	20 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2736	2736	21 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2737	2737	22 (5) Dealing in a schedule I, II, or III controlled substance under
2738	2738	23 IC 35-48-4-2.
2739	2739	24 (6) Dealing in a schedule IV controlled substance under
2740	2740	25 IC 35-48-4-3.
2741	2741	26 (7) Dealing in a schedule V controlled substance under
2742	2742	27 IC 35-48-4-4.
2743	2743	28 (8) Dealing in a substance represented to be a controlled
2744	2744	29 substance under IC 35-48-4-4.5 (repealed).
2745	2745	30 (9) Knowingly or intentionally manufacturing, advertising,
2746	2746	31 distributing, or possessing with intent to manufacture, advertise,
2747	2747	32 or distribute a substance represented to be a controlled substance
2748	2748	33 under IC 35-48-4-4.6.
2749	2749	34 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2750	2750	35 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2751	2751	36 mislabeled low THC hemp extract as a felony under
2752	2752	37 IC 35-48-4-10.
2753	2753	38 (12) An offense under IC 35-48-4 involving the manufacture or
2754	2754	39 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2755	2755	40 synthetic drug lookalike substance (as defined in
2756	2756	41 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2757	2757	42 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2758	2758	2022 IN 414—LS 6821/DI 106 65
2759	2759	1 substance analog (as defined in IC 35-48-1-9.3), or a substance
2760	2760	2 represented to be a controlled substance (as described in
2761	2761	3 IC 35-48-4-4.6).
2762	2762	4 (13) A violation of any federal or state drug law or rule related to
2763	2763	5 wholesale legend drug distributors licensed under IC 25-26-14.
2764	2764	6 (i) A decision of the department under subsections (b) through (h)
2765	2765	7 may be appealed to the commission under IC 4-21.5-3-7.
2766	2766	8 (j) The department may temporarily suspend a practitioner's license
2767	2767	9 under IC 4-21.5-4 before a final adjudication or during the appeals
2768	2768	10 process if the department finds that a practitioner represents a clear and
2769	2769	11 immediate danger to the public's health, safety, or property if the
2770	2770	12 practitioner is allowed to continue to practice.
2771	2771	13 (k) On receipt of a complaint or an information alleging that a
2772	2772	14 person licensed under this chapter has engaged in or is engaging in a
2773	2773	15 practice that jeopardizes the public health, safety, or welfare, the
2774	2774	16 department shall initiate an investigation against the person.
2775	2775	17 (l) Any complaint filed with the office of the attorney general
2776	2776	18 alleging a violation of this licensing program shall be referred to the
2777	2777	19 department for summary review and for its general information and any
2778	2778	20 authorized action at the time of the filing.
2779	2779	21 (m) The department shall conduct a fact finding investigation as the
2780	2780	22 department considers proper in relation to the complaint.
2781	2781	23 (n) The department may reinstate a license that has been suspended
2782	2782	24 under this section if, after a hearing, the department is satisfied that the
2783	2783	25 applicant is able to practice with reasonable skill, safety, and
2784	2784	26 competency to the public. As a condition of reinstatement, the
2785	2785	27 department may impose disciplinary or corrective measures authorized
2786	2786	28 under this chapter.
2787	2787	29 (o) The department may not reinstate a license that has been
2788	2788	30 revoked under this chapter. An individual whose license has been
2789	2789	31 revoked under this chapter may not apply for a new license until seven
2790	2790	32 (7) years after the date of revocation.
2791	2791	33 (p) The department shall seek to achieve consistency in the
2792	2792	34 application of sanctions authorized in this chapter. Significant
2793	2793	35 departures from prior decisions involving similar conduct must be
2794	2794	36 explained in the department's findings or orders.
2795	2795	37 (q) A practitioner may petition the department to accept the
2796	2796	38 surrender of the practitioner's license instead of having a hearing before
2797	2797	39 the commission. The practitioner may not surrender the practitioner's
2798	2798	40 license without the written approval of the department, and the
2799	2799	41 department may impose any conditions appropriate to the surrender or
2800	2800	42 reinstatement of a surrendered license.
2801	2801	2022 IN 414—LS 6821/DI 106 66
2802	2802	1 (r) A practitioner who has been subjected to disciplinary sanctions
2803	2803	2 may be required by the commission to pay the costs of the proceeding.
2804	2804	3 The practitioner's ability to pay shall be considered when costs are
2805	2805	4 assessed. If the practitioner fails to pay the costs, a suspension may not
2806	2806	5 be imposed solely upon the practitioner's inability to pay the amount
2807	2807	6 assessed. The costs are limited to costs for the following:
2808	2808	7 (1) Court reporters.
2809	2809	8 (2) Transcripts.
2810	2810	9 (3) Certification of documents.
2811	2811	10 (4) Photo duplication.
2812	2812	11 (5) Witness attendance and mileage fees.
2813	2813	12 (6) Postage.
2814	2814	13 (7) Expert witnesses.
2815	2815	14 (8) Depositions.
2816	2816	15 (9) Notarizations.
2817	2817	16 SECTION 13. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
2818	2818	17 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2819	2819	18 JULY 1, 2022]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
2820	2820	19 commission, or a committee may suspend, deny, or revoke a license or
2821	2821	20 certificate issued under this title by the board, the commission, or the
2822	2822	21 committee without an investigation by the office of the attorney general
2823	2823	22 if the individual who holds the license or certificate is convicted of any
2824	2824	23 of the following and the board, commission, or committee determines,
2825	2825	24 after the individual has appeared in person, that the offense affects the
2826	2826	25 individual's ability to perform the duties of the profession:
2827	2827	26 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2828	2828	27 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2829	2829	28 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2830	2830	29 (4) Fraudulently obtaining a controlled substance under
2831	2831	30 IC 35-48-4-7(c).
2832	2832	31 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2833	2833	32 committed before July 1, 2014) or a Level 6 felony (for a crime
2834	2834	33 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2835	2835	34 (6) Dealing in paraphernalia as a Class D felony (for a crime
2836	2836	35 committed before July 1, 2014) or a Level 6 felony (for a crime
2837	2837	36 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2838	2838	37 (7) Possession of paraphernalia as a Class D felony (for a crime
2839	2839	38 committed before July 1, 2014) or a Level 6 felony (for a crime
2840	2840	39 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2841	2841	40 its amendment on July 1, 2015).
2842	2842	41 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2843	2843	42 D felony (for a crime committed before July 1, 2014) or a Level
2844	2844	2022 IN 414—LS 6821/DI 106 67
2845	2845	1 6 felony (for a crime committed after June 30, 2014) under
2846	2846	2 IC 35-48-4-11.
2847	2847	3 (9) A felony offense under IC 35-48-4 involving possession of a
2848	2848	4 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2849	2849	5 controlled substance analog (as defined in IC 35-48-1-9.3), or
2850	2850	6 possession of a synthetic drug lookalike substance (as defined in
2851	2851	7 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
2852	2852	8 (A) Class D felony for a crime committed before July 1, 2014;
2853	2853	9 or
2854	2854	10 (B) Level 6 felony for a crime committed after June 30, 2014;
2855	2855	11 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
2856	2856	12 (10) Maintaining a common nuisance under IC 35-48-4-13
2857	2857	13 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2858	2858	14 controlled substance.
2859	2859	15 (11) An offense relating to registration, labeling, and prescription
2860	2860	16 forms under IC 35-48-4-14.
2861	2861	17 (12) A sex crime under IC 35-42-4.
2862	2862	18 (13) A felony that reflects adversely on the individual's fitness to
2863	2863	19 hold a professional license.
2864	2864	20 SECTION 14. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
2865	2865	21 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2866	2866	22 JULY 1, 2022]: Sec. 3. A board, a commission, or a committee shall
2867	2867	23 revoke or suspend a license or certificate issued under this title by the
2868	2868	24 board, the commission, or the committee if the individual who holds
2869	2869	25 the license or certificate is convicted of any of the following:
2870	2870	26 (1) Dealing in a controlled substance resulting in death under
2871	2871	27 IC 35-42-1-1.5.
2872	2872	28 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2873	2873	29 IC 35-48-4-1.
2874	2874	30 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2875	2875	31 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2876	2876	32 (5) Dealing in a schedule I, II, or III controlled substance under
2877	2877	33 IC 35-48-4-2.
2878	2878	34 (6) Dealing in a schedule IV controlled substance under
2879	2879	35 IC 35-48-4-3.
2880	2880	36 (7) Dealing in a schedule V controlled substance under
2881	2881	37 IC 35-48-4-4.
2882	2882	38 (8) Dealing in a substance represented to be a controlled
2883	2883	39 substance under IC 35-48-4-4.5 (before its repeal on July 1,
2884	2884	40 2019).
2885	2885	41 (9) Knowingly or intentionally manufacturing, advertising,
2886	2886	42 distributing, or possessing with intent to manufacture, advertise,
2887	2887	2022 IN 414—LS 6821/DI 106 68
2888	2888	1 or distribute a substance represented to be a controlled substance
2889	2889	2 under IC 35-48-4-4.6.
2890	2890	3 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2891	2891	4 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2892	2892	5 mislabeled low THC hemp extract as a felony under
2893	2893	6 IC 35-48-4-10.
2894	2894	7 (12) An offense under IC 35-48-4 involving the manufacture or
2895	2895	8 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2896	2896	9 synthetic drug lookalike substance (as defined in
2897	2897	10 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2898	2898	11 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2899	2899	12 substance analog (as defined in IC 35-48-1-9.3), or a substance
2900	2900	13 represented to be a controlled substance (as described in
2901	2901	14 IC 35-48-4-4.6).
2902	2902	15 (13) A violation of any federal or state drug law or rule related to
2903	2903	16 wholesale legend drug distributors licensed under IC 25-26-14.
2904	2904	17 SECTION 15. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
2905	2905	18 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2906	2906	19 JULY 1, 2022]: Sec. 1. (a) The following may be seized:
2907	2907	20 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
2908	2908	21 or are intended for use by the person or persons in possession of
2909	2909	22 them to transport or in any manner to facilitate the transportation
2910	2910	23 of the following:
2911	2911	24 (A) A controlled substance for the purpose of committing,
2912	2912	25 attempting to commit, or conspiring to commit any of the
2913	2913	26 following:
2914	2914	27 (i) Dealing in or manufacturing cocaine or a narcotic drug
2915	2915	28 (IC 35-48-4-1).
2916	2916	29 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
2917	2917	30 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
2918	2918	31 (iv) Dealing in a schedule I, II, or III controlled substance
2919	2919	32 (IC 35-48-4-2).
2920	2920	33 (v) Dealing in a schedule IV controlled substance (IC
2921	2921	34 35-48-4-3).
2922	2922	35 (vi) Dealing in a schedule V controlled substance (IC
2923	2923	36 35-48-4-4).
2924	2924	37 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
2925	2925	38 (viii) Possession of cocaine or a narcotic drug (IC
2926	2926	39 35-48-4-6).
2927	2927	40 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
2928	2928	41 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
2929	2929	42 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
2930	2930	2022 IN 414—LS 6821/DI 106 69
2931	2931	1 mislabeled low THC hemp extract (IC 35-48-4-10).
2932	2932	2 (xii) An offense under IC 35-48-4 involving a synthetic drug
2933	2933	3 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
2934	2934	4 substance (as defined in IC 35-31.5-2-321.5 (before its
2935	2935	5 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
2936	2936	6 repeal on July 1, 2019), a controlled substance analog (as
2937	2937	7 defined in IC 35-48-1-9.3), or a substance represented to be
2938	2938	8 a controlled substance (as described in IC 35-48-4-4.6).
2939	2939	9 (xiii) A violation of IC 7.1-8.
2940	2940	10 (B) Any stolen (IC 35-43-4-2) or converted property (IC
2941	2941	11 35-43-4-3) if the retail or repurchase value of that property is
2942	2942	12 one hundred dollars ($100) or more.
2943	2943	13 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
2944	2944	14 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
2945	2945	15 mass destruction (as defined in IC 35-31.5-2-354) used to
2946	2946	16 commit, used in an attempt to commit, or used in a conspiracy
2947	2947	17 to commit a felony terrorist offense (as defined in
2948	2948	18 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
2949	2949	19 furtherance of an act of terrorism (as defined by
2950	2950	20 IC 35-31.5-2-329).
2951	2951	21 (2) All money, negotiable instruments, securities, weapons,
2952	2952	22 communications devices, or any property used to commit, used in
2953	2953	23 an attempt to commit, or used in a conspiracy to commit a felony
2954	2954	24 terrorist offense (as defined in IC 35-50-2-18) or an offense under
2955	2955	25 IC 35-47 as part of or in furtherance of an act of terrorism or
2956	2956	26 commonly used as consideration for a violation of IC 35-48-4
2957	2957	27 (other than items subject to forfeiture under IC 16-42-20-5 or
2958	2958	28 IC 16-6-8.5-5.1, before its repeal):
2959	2959	29 (A) furnished or intended to be furnished by any person in
2960	2960	30 exchange for an act that is in violation of a criminal statute;
2961	2961	31 (B) used to facilitate any violation of a criminal statute; or
2962	2962	32 (C) traceable as proceeds of the violation of a criminal statute.
2963	2963	33 (3) Any portion of real or personal property purchased with
2964	2964	34 money that is traceable as a proceed of a violation of a criminal
2965	2965	35 statute.
2966	2966	36 (4) A vehicle that is used by a person to:
2967	2967	37 (A) commit, attempt to commit, or conspire to commit;
2968	2968	38 (B) facilitate the commission of; or
2969	2969	39 (C) escape from the commission of;
2970	2970	40 murder (IC 35-42-1-1), dealing in a controlled substance resulting
2971	2971	41 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
2972	2972	42 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
2973	2973	2022 IN 414—LS 6821/DI 106 70
2974	2974	1 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
2975	2975	2 under IC 35-47 as part of or in furtherance of an act of terrorism.
2976	2976	3 (5) Real property owned by a person who uses it to commit any of
2977	2977	4 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
2978	2978	5 felony:
2979	2979	6 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
2980	2980	7 35-48-4-1).
2981	2981	8 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
2982	2982	9 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
2983	2983	10 (D) Dealing in a schedule I, II, or III controlled substance (IC
2984	2984	11 35-48-4-2).
2985	2985	12 (E) Dealing in a schedule IV controlled substance (IC
2986	2986	13 35-48-4-3).
2987	2987	14 (F) Dealing in marijuana, hash oil, hashish, or salvia or
2988	2988	15 mislabeled low THC hemp extract (IC 35-48-4-10).
2989	2989	16 (G) Dealing in a synthetic drug (as defined in
2990	2990	17 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
2991	2991	18 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2992	2992	19 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
2993	2993	20 2019).
2994	2994	21 (H) Dealing in a controlled substance resulting in death (IC
2995	2995	22 35-42-1-1.5).
2996	2996	23 (6) Equipment and recordings used by a person to commit fraud
2997	2997	24 under IC 35-43-5.
2998	2998	25 (7) Recordings sold, rented, transported, or possessed by a person
2999	2999	26 in violation of IC 24-4-10.
3000	3000	27 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
3001	3001	28 defined by IC 35-45-6-1) that is the object of a corrupt business
3002	3002	29 influence violation (IC 35-45-6-2).
3003	3003	30 (9) Unlawful telecommunications devices (as defined in
3004	3004	31 IC 35-45-13-6) and plans, instructions, or publications used to
3005	3005	32 commit an offense under IC 35-45-13.
3006	3006	33 (10) Any equipment, including computer equipment and cellular
3007	3007	34 telephones, used for or intended for use in preparing,
3008	3008	35 photographing, recording, videotaping, digitizing, printing,
3009	3009	36 copying, or disseminating matter in violation of IC 35-42-4.
3010	3010	37 (11) Destructive devices used, possessed, transported, or sold in
3011	3011	38 violation of IC 35-47.5.
3012	3012	39 (12) Tobacco products that are sold in violation of IC 24-3-5,
3013	3013	40 tobacco products that a person attempts to sell in violation of
3014	3014	41 IC 24-3-5, and other personal property owned and used by a
3015	3015	42 person to facilitate a violation of IC 24-3-5.
3016	3016	2022 IN 414—LS 6821/DI 106 71
3017	3017	1 (13) Property used by a person to commit counterfeiting or
3018	3018	2 forgery in violation of IC 35-43-5-2.
3019	3019	3 (14) After December 31, 2005, if a person is convicted of an
3020	3020	4 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
3021	3021	5 following real or personal property:
3022	3022	6 (A) Property used or intended to be used to commit, facilitate,
3023	3023	7 or promote the commission of the offense.
3024	3024	8 (B) Property constituting, derived from, or traceable to the
3025	3025	9 gross proceeds that the person obtained directly or indirectly
3026	3026	10 as a result of the offense.
3027	3027	11 (15) Except as provided in subsection (e), a vehicle used by a
3028	3028	12 person who operates the vehicle:
3029	3029	13 (A) while intoxicated, in violation of IC 9-30-5-1 through
3030	3030	14 IC 9-30-5-5, if in the previous five (5) years the person has two
3031	3031	15 (2) or more prior unrelated convictions for operating a motor
3032	3032	16 vehicle while intoxicated in violation of IC 9-30-5-1 through
3033	3033	17 IC 9-30-5-5; or
3034	3034	18 (B) on a highway while the person's driving privileges are
3035	3035	19 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
3036	3036	20 if in the previous five (5) years the person has two (2) or more
3037	3037	21 prior unrelated convictions for operating a vehicle while
3038	3038	22 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
3039	3039	23 If a court orders the seizure of a vehicle under this subdivision,
3040	3040	24 the court shall transmit an order to the bureau of motor vehicles
3041	3041	25 recommending that the bureau not permit a vehicle to be
3042	3042	26 registered in the name of the person whose vehicle was seized
3043	3043	27 until the person possesses a current driving license (as defined in
3044	3044	28 IC 9-13-2-41).
3045	3045	29 (16) Cannabis and cannabis products grown, processed, sold,
3046	3046	30 or offered for sale in violation of IC 7.1-8.
3047	3047	31 (16) (17) The following real or personal property:
3048	3048	32 (A) Property used or intended to be used to commit, facilitate,
3049	3049	33 or promote the commission of an offense specified in
3050	3050	34 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
3051	3051	35 IC 30-2-13-38(f).
3052	3052	36 (B) Property constituting, derived from, or traceable to the
3053	3053	37 gross proceeds that a person obtains directly or indirectly as a
3054	3054	38 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
3055	3055	39 IC 30-2-10-9(b), or IC 30-2-13-38(f).
3056	3056	40 (17) (18) Real or personal property, including a vehicle, that is
3057	3057	41 used by a person to:
3058	3058	42 (A) commit, attempt to commit, or conspire to commit;
3059	3059	2022 IN 414—LS 6821/DI 106 72
3060	3060	1 (B) facilitate the commission of; or
3061	3061	2 (C) escape from the commission of;
3062	3062	3 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
3063	3063	4 trafficking) or IC 35-45-4-4 (promoting prostitution).
3064	3064	5 (b) A vehicle used by any person as a common or contract carrier in
3065	3065	6 the transaction of business as a common or contract carrier is not
3066	3066	7 subject to seizure under this section, unless it can be proven by a
3067	3067	8 preponderance of the evidence that the owner of the vehicle knowingly
3068	3068	9 permitted the vehicle to be used to engage in conduct that subjects it to
3069	3069	10 seizure under subsection (a).
3070	3070	11 (c) Equipment under subsection (a)(10) may not be seized unless it
3071	3071	12 can be proven by a preponderance of the evidence that the owner of the
3072	3072	13 equipment knowingly permitted the equipment to be used to engage in
3073	3073	14 conduct that subjects it to seizure under subsection (a)(10).
3074	3074	15 (d) Money, negotiable instruments, securities, weapons,
3075	3075	16 communications devices, or any property commonly used as
3076	3076	17 consideration for a violation of IC 35-48-4 found near or on a person
3077	3077	18 who is committing, attempting to commit, or conspiring to commit any
3078	3078	19 of the following offenses shall be admitted into evidence in an action
3079	3079	20 under this chapter as prima facie evidence that the money, negotiable
3080	3080	21 instrument, security, or other thing of value is property that has been
3081	3081	22 used or was to have been used to facilitate the violation of a criminal
3082	3082	23 statute or is the proceeds of the violation of a criminal statute:
3083	3083	24 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
3084	3084	25 death).
3085	3085	26 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
3086	3086	27 narcotic drug).
3087	3087	28 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
3088	3088	29 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
3089	3089	30 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
3090	3090	31 substance).
3091	3091	32 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
3092	3092	33 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
3093	3093	34 as a Level 4 felony.
3094	3094	35 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
3095	3095	36 Level 3, Level 4, or Level 5 felony.
3096	3096	37 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
3097	3097	38 3, Level 4, or Level 5 felony.
3098	3098	39 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
3099	3099	40 salvia or mislabeled low THC hemp extract) as a Level 5
3100	3100	41 felony.
3101	3101	42 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
3102	3102	2022 IN 414—LS 6821/DI 106 73
3103	3103	1 in a synthetic drug or synthetic drug lookalike substance) as a
3104	3104	2 Level 5 felony or Level 6 felony (or as a Class C felony or Class
3105	3105	3 D felony under IC 35-48-4-10 before its amendment in 2013).
3106	3106	4 (e) A vehicle operated by a person who is not:
3107	3107	5 (1) an owner of the vehicle; or
3108	3108	6 (2) the spouse of the person who owns the vehicle;
3109	3109	7 is not subject to seizure under subsection (a)(15) unless it can be
3110	3110	8 proven by a preponderance of the evidence that the owner of the
3111	3111	9 vehicle knowingly permitted the vehicle to be used to engage in
3112	3112	10 conduct that subjects it to seizure under subsection (a)(15).
3113	3113	11 SECTION 16. IC 34-30-2-23.5 IS ADDED TO THE INDIANA
3114	3114	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
3115	3115	13 [EFFECTIVE JULY 1, 2022]: Sec. 23.5. IC 7.1-8-7-16 (Concerning
3116	3116	14 acts and omissions of the members of the cannabis commission and
3117	3117	15 their officers and employees).
3118	3118	16 SECTION 17. IC 35-31.5-2-185, AS AMENDED BY P.L.58-2020,
3119	3119	17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3120	3120	18 JULY 1, 2022]: Sec. 185. (a) "Law enforcement officer" means:
3121	3121	19 (1) a police officer (including a correctional police officer),
3122	3122	20 sheriff, constable, marshal, prosecuting attorney, special
3123	3123	21 prosecuting attorney, special deputy prosecuting attorney, the
3124	3124	22 securities commissioner, or the inspector general;
3125	3125	23 (2) a deputy of any of those persons;
3126	3126	24 (3) an investigator for a prosecuting attorney or for the inspector
3127	3127	25 general;
3128	3128	26 (4) a conservation officer;
3129	3129	27 (5) an enforcement officer of the alcohol and tobacco commission
3130	3130	28 or of the cannabis commission;
3131	3131	29 (6) an enforcement officer of the securities division of the office
3132	3132	30 of the secretary of state; or
3133	3133	31 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
3134	3134	32 control officer employed by the gaming control division under
3135	3135	33 IC 4-33-20.
3136	3136	34 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
3137	3137	35 includes an alcoholic beverage enforcement officer, as set forth in
3138	3138	36 IC 35-42-2-1.
3139	3139	37 (c) "Law enforcement officer", for purposes of IC 35-45-15,
3140	3140	38 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
3141	3141	39 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
3142	3142	40 IC 35-44.1-3-2, includes a school resource officer (as defined in
3143	3143	41 IC 20-26-18.2-1) and a school corporation police officer appointed
3144	3144	42 under IC 20-26-16.
3145	3145	2022 IN 414—LS 6821/DI 106 74
3146	3146	1 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
3147	3147	2 meaning set forth in IC 35-40.5-1-1.
3148	3148	3 SECTION 18. IC 35-45-6-1, AS AMENDED BY P.L.80-2019,
3149	3149	4 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3150	3150	5 JULY 1, 2022]: Sec. 1. (a) The definitions in this section apply
3151	3151	6 throughout this chapter.
3152	3152	7 (b) "Documentary material" means any document, drawing,
3153	3153	8 photograph, recording, or other tangible item containing compiled data
3154	3154	9 from which information can be either obtained or translated into a
3155	3155	10 usable form.
3156	3156	11 (c) "Enterprise" means:
3157	3157	12 (1) a sole proprietorship, corporation, limited liability company,
3158	3158	13 partnership, business trust, or governmental entity; or
3159	3159	14 (2) a union, an association, or a group, whether a legal entity or
3160	3160	15 merely associated in fact.
3161	3161	16 (d) "Pattern of racketeering activity" means engaging in at least two
3162	3162	17 (2) incidents of racketeering activity that have the same or similar
3163	3163	18 intent, result, accomplice, victim, or method of commission, or that are
3164	3164	19 otherwise interrelated by distinguishing characteristics that are not
3165	3165	20 isolated incidents. However, the incidents are a pattern of racketeering
3166	3166	21 activity only if at least one (1) of the incidents occurred after August
3167	3167	22 31, 1980, and if the last of the incidents occurred within five (5) years
3168	3168	23 after a prior incident of racketeering activity.
3169	3169	24 (e) "Racketeering activity" means to commit, to attempt to commit,
3170	3170	25 to conspire to commit a violation of, or aiding and abetting in a
3171	3171	26 violation of any of the following:
3172	3172	27 (1) A provision of IC 23-19, or of a rule or order issued under
3173	3173	28 IC 23-19.
3174	3174	29 (2) A violation of IC 35-45-9.
3175	3175	30 (3) A violation of IC 35-47.
3176	3176	31 (4) A violation of IC 35-49-3.
3177	3177	32 (5) Murder (IC 35-42-1-1).
3178	3178	33 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
3179	3179	34 felony after June 30, 2014 (IC 35-42-2-1).
3180	3180	35 (7) Kidnapping (IC 35-42-3-2).
3181	3181	36 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
3182	3182	37 (9) Child exploitation (IC 35-42-4-4).
3183	3183	38 (10) Robbery (IC 35-42-5-1).
3184	3184	39 (11) Carjacking (IC 35-42-5-2) (before its repeal).
3185	3185	40 (12) Arson (IC 35-43-1-1).
3186	3186	41 (13) Burglary (IC 35-43-2-1).
3187	3187	42 (14) Theft (IC 35-43-4-2).
3188	3188	2022 IN 414—LS 6821/DI 106 75
3189	3189	1 (15) Receiving stolen property (IC 35-43-4-2) (before its
3190	3190	2 amendment on July 1, 2018).
3191	3191	3 (16) Forgery (IC 35-43-5-2).
3192	3192	4 (17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(10)).
3193	3193	5 (18) Bribery (IC 35-44.1-1-2).
3194	3194	6 (19) Official misconduct (IC 35-44.1-1-1).
3195	3195	7 (20) Conflict of interest (IC 35-44.1-1-4).
3196	3196	8 (21) Perjury (IC 35-44.1-2-1).
3197	3197	9 (22) Obstruction of justice (IC 35-44.1-2-2).
3198	3198	10 (23) Intimidation (IC 35-45-2-1).
3199	3199	11 (24) Promoting prostitution (IC 35-45-4-4).
3200	3200	12 (25) Professional gambling (IC 35-45-5-3).
3201	3201	13 (26) Maintaining a professional gambling site (IC
3202	3202	14 35-45-5-3.5(b)).
3203	3203	15 (27) Promoting professional gambling (IC 35-45-5-4).
3204	3204	16 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
3205	3205	17 35-48-4-1).
3206	3206	18 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
3207	3207	19 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
3208	3208	20 (31) Dealing in a schedule I, II, or III controlled substance (IC
3209	3209	21 35-48-4-2).
3210	3210	22 (32) Dealing in a schedule IV controlled substance (IC
3211	3211	23 35-48-4-3).
3212	3212	24 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
3213	3213	25 (34) Dealing in marijuana, hash oil, hashish, or salvia or
3214	3214	26 mislabeled low THC hemp extract (IC 35-48-4-10).
3215	3215	27 (35) Money laundering (IC 35-45-15-5).
3216	3216	28 (36) A violation of IC 35-47.5-5.
3217	3217	29 (37) A violation of any of the following:
3218	3218	30 (A) IC 23-14-48-9.
3219	3219	31 (B) IC 30-2-9-7(b).
3220	3220	32 (C) IC 30-2-10-9(b).
3221	3221	33 (D) IC 30-2-13-38(f).
3222	3222	34 (38) Practice of law by a person who is not an attorney (IC
3223	3223	35 33-43-2-1).
3224	3224	36 (39) An offense listed in IC 35-48-4 involving the manufacture or
3225	3225	37 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
3226	3226	38 synthetic drug lookalike substance (as defined in
3227	3227	39 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3228	3228	40 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
3229	3229	41 substance analog (as defined in IC 35-48-1-9.3), or a substance
3230	3230	42 represented to be a controlled substance (as described in
3231	3231	2022 IN 414—LS 6821/DI 106 76
3232	3232	1 IC 35-48-4-4.6).
3233	3233	2 (40) Dealing in a controlled substance resulting in death (IC
3234	3234	3 35-42-1-1.5).
3235	3235	4 SECTION 19. IC 35-48-2-4, AS AMENDED BY P.L.10-2021,
3236	3236	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3237	3237	6 JULY 1, 2022]: Sec. 4. (a) The controlled substances listed in this
3238	3238	7 section are included in schedule I.
3239	3239	8 (b) Opiates. Any of the following opiates, including their isomers,
3240	3240	9 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
3241	3241	10 specifically excepted by rule of the board or unless listed in another
3242	3242	11 schedule, whenever the existence of these isomers, esters, ethers, and
3243	3243	12 salts is possible within the specific chemical designation:
3244	3244	13 4-fluoroisobutyryl fentanyl
3245	3245	14 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
3246	3246	15 piperidinyl]-N-phenylacetamide) (9815)
3247	3247	16 Acetyl fentanyl (Other names include:
3248	3248	17 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
3249	3249	18 Acetylmethadol (9601)
3250	3250	19 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
3251	3251	20 N-phenylacrylamide
3252	3252	21 Allylprodine (9602)
3253	3253	22 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
3254	3254	23 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
3255	3255	24 Alphacetylmethadol (9603)
3256	3256	25 Alphameprodine (9604)
3257	3257	26 Alphamethadol (9605)
3258	3258	27 Alphamethylfentanyl (9814)
3259	3259	28 Benzethidine (9606)
3260	3260	29 Beta-hydroxy-3-methylfentanyl (9831). Other name:
3261	3261	30 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
3262	3262	31 ]-N-phenylpropanamide
3263	3263	32 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
3264	3264	33 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
3265	3265	34 Betacetylmethadol (9607)
3266	3266	35 Betameprodine (9608)
3267	3267	36 Betamethadol (9609)
3268	3268	37 Betaprodine (9611)
3269	3269	38 Clonitazene (9612)
3270	3270	39 Cyclopentyl fentanyl. Other name:
3271	3271	40 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
3272	3272	41 Dextromoramide (9613)
3273	3273	42 Diampromide (9615)
3274	3274	2022 IN 414—LS 6821/DI 106 77
3275	3275	1 Diethylthiambutene (9616)
3276	3276	2 Difenoxin (9168)
3277	3277	3 Dimenoxadol (9617)
3278	3278	4 Dimepheptanol (9618)
3279	3279	5 Dimethylthiambutene (9619)
3280	3280	6 Dioxaphetyl butyrate (9621)
3281	3281	7 Dipipanone (9622)
3282	3282	8 Ethylmethylthiambutene (9623)
3283	3283	9 Etonitazene (9624)
3284	3284	10 Etoxeridine (9625)
3285	3285	11 Fentanyl related substances.
3286	3286	12 Furanyl fentanyl.
3287	3287	13 Furethidine (9626)
3288	3288	14 Hydroxypethidine (9627)
3289	3289	15 Isobutyryl fentanyl. Other name:
3290	3290	16 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
3291	3291	17 Isotonitazene. Other name: N,N-diethyl-2-
3292	3292	18 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
3293	3293	19 1-yl)ethan-1-amine)
3294	3294	20 Ketobemidone (9628)
3295	3295	21 Levomoramide (9629)
3296	3296	22 Levophenacylmorphan (9631)
3297	3297	23 Methoxyacetyl fentanyl. Other name:
3298	3298	24 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
3299	3299	25 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
3300	3300	26 piperidyl]-N-phenyl-propanimide](9813)
3301	3301	27 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
3302	3302	28 piperidinyl]-N-phenylpropanamide) (9833)
3303	3303	29 MDMB-4en-PINACA
3304	3304	30 4F-MDMB-BICA; 4-fluoro MDMB-BICA; 4F-MDMB-BUTICA;
3305	3305	31 Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
3306	3306	32 3-dimethyl-butanoate
3307	3307	33 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
3308	3308	34 Morpheridine (9632)
3309	3309	35 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
3310	3310	36 including any isomers, salts, or salts of isomers (9818)
3311	3311	37 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
3312	3312	38 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
3313	3313	39 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
3314	3314	40 (beta-hydroxythiofentanyl)
3315	3315	41 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
3316	3316	42 (para-chloroisobutyryl fentanyl)
3317	3317	2022 IN 414—LS 6821/DI 106 78
3318	3318	1 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3319	3319	2 acetamide (ocfentanil)
3320	3320	3 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
3321	3321	4 (para-fluorobutyryl fentanyl)
3322	3322	5 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
3323	3323	6 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
3324	3324	7 fentanyl)
3325	3325	8 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
3326	3326	9 fentanyl)
3327	3327	10 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
3328	3328	11 (para-methoxybutyryl fentanyl)
3329	3329	12 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
3330	3330	13 (thenylfentanyl), including any isomers, salts, or salts of isomers
3331	3331	14 (9834)
3332	3332	15 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
3333	3333	16 fentanyl)
3334	3334	17 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
3335	3335	18 (cyclopentyl fentanyl)
3336	3336	19 Noracymethadol (9633)
3337	3337	20 Norlevorphanol (9634)
3338	3338	21 Normethadone (9635)
3339	3339	22 Norpipanone (9636)
3340	3340	23 Ocfentanil. Other name:
3341	3341	24 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3342	3342	25 acetamide
3343	3343	26 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
3344	3344	27 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
3345	3345	28 Para-chloroisobutyryl fentanyl. Other name:
3346	3346	29 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
3347	3347	30 Para-fluorobutyryl fentanyl. Other name:
3348	3348	31 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3349	3349	32 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
3350	3350	33 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
3351	3351	34 Para-methoxybutyryl fentanyl. Other name:
3352	3352	35 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3353	3353	36 Phenadoxone (9637)
3354	3354	37 Phenampromide (9638)
3355	3355	38 Phenomorphan (9647)
3356	3356	39 Phenoperidine (9641)
3357	3357	40 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
3358	3358	41 Piritramide (9642)
3359	3359	42 Proheptazine (9643)
3360	3360	2022 IN 414—LS 6821/DI 106 79
3361	3361	1 Properidine (9644)
3362	3362	2 Propiram (9649)
3363	3363	3 Racemoramide (9645)
3364	3364	4 Tetrahydrofuranyl fentanyl. Other name:
3365	3365	5 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
3366	3366	6 oxamide
3367	3367	7 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
3368	3368	8 piperidinyl]-propanamide) (9835)
3369	3369	9 Tilidine (9750)
3370	3370	10 Trimeperidine (9646)
3371	3371	11 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
3372	3372	12 N-methyl- benzamide)
3373	3373	13 Valeryl fentanyl. Other name:
3374	3374	14 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
3375	3375	15 (c) Opium derivatives. Any of the following opium derivatives, their
3376	3376	16 salts, isomers, and salts of isomers, unless specifically excepted by rule
3377	3377	17 of the board or unless listed in another schedule, whenever the
3378	3378	18 existence of these salts, isomers, and salts of isomers is possible within
3379	3379	19 the specific chemical designation:
3380	3380	20 Acetorphine (9319)
3381	3381	21 Acetyldihydrocodeine (9051)
3382	3382	22 Benzylmorphine (9052)
3383	3383	23 Codeine methylbromide (9070)
3384	3384	24 Codeine-N-Oxide (9053)
3385	3385	25 Cyprenorphine (9054)
3386	3386	26 Desomorphine (9055)
3387	3387	27 Dihydromorphine (9145)
3388	3388	28 Drotebanol (9335)
3389	3389	29 Etorphine (except hydrochloride salt) (9056)
3390	3390	30 Heroin (9200)
3391	3391	31 Hydromorphinol (9301)
3392	3392	32 Methyldesorphine (9302)
3393	3393	33 Methyldihydromorphine (9304)
3394	3394	34 Morphine methylbromide (9305)
3395	3395	35 Morphine methylsulfonate (9306)
3396	3396	36 Morphine-N-Oxide (9307)
3397	3397	37 Myrophine (9308)
3398	3398	38 Nicocodeine (9309)
3399	3399	39 Nicomorphine (9312)
3400	3400	40 Normorphine (9313)
3401	3401	41 Pholcodine (9314)
3402	3402	42 Thebacon (9315)
3403	3403	2022 IN 414—LS 6821/DI 106 80
3404	3404	1 (d) Hallucinogenic substances. Unless specifically excepted or
3405	3405	2 unless listed in another schedule, any material, compound, mixture, or
3406	3406	3 preparation which contains any quantity of the following
3407	3407	4 hallucinogenic, psychedelic, or psychogenic substances, their salts,
3408	3408	5 isomers, and salts of isomers whenever the existence of these salts,
3409	3409	6 isomers, and salts of isomers is possible within the specific chemical
3410	3410	7 designation (for purposes of this subsection only, the term "isomer"
3411	3411	8 includes the optical, position, and geometric isomers):
3412	3412	9 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
3413	3413	10 TCPy.
3414	3414	11 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
3415	3415	12 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
3416	3416	13 4-Bromo-2, 5-DMA.
3417	3417	14 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
3418	3418	15 or other names:
3419	3419	16 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
3420	3420	17 alpha-desmethyl DOB; 2C-B, Nexus.
3421	3421	18 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
3422	3422	19 DOET.
3423	3423	20 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
3424	3424	21 Other name: 2C-T-7.
3425	3425	22 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
3426	3426	23 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
3427	3427	24 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
3428	3428	25 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
3429	3429	26 PMA.
3430	3430	27 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
3431	3431	28 Name: MMDA.
3432	3432	29 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
3433	3433	30 isomers, salts, or salts of isomers (7439). Other name:
3434	3434	31 5-MeO-DIPT.
3435	3435	32 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
3436	3436	33 and other names: 4-methyl-2,
3437	3437	34 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
3438	3438	35 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
3439	3439	36 MDA.
3440	3440	37 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
3441	3441	38 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
3442	3442	39 phenethylamine; N-ethyl MDA; MDE; and MDEA.
3443	3443	40 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
3444	3444	41 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
3445	3445	42 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
3446	3446	2022 IN 414—LS 6821/DI 106 81
3447	3447	1 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
3448	3448	2 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
3449	3449	3 (16) Alpha-methyltryptamine (7432). Other name: AMT.
3450	3450	4 (17) Bufotenine (7433). Some trade and other names:
3451	3451	5 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
3452	3452	6 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
3453	3453	7 5-hydroxy-N, N-dimethyltryptamine; mappine.
3454	3454	8 (18) Diethyltryptamine (7434). Some trade or other names: N,
3455	3455	9 N-Diethyltryptamine; DET.
3456	3456	10 (19) Dimethyltryptamine (7435). Some trade or other names:
3457	3457	11 DMT.
3458	3458	12 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
3459	3459	13 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
3460	3460	14 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
3461	3461	15 (21) Lysergic acid diethylamide (7315). Other name: LSD.
3462	3462	16 (22) Marijuana (7360).
3463	3463	17 (23) (22) Mescaline (7381).
3464	3464	18 (24) (23) Parahexyl (7374). Some trade or other names:
3465	3465	19 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
3466	3466	20 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
3467	3467	21 (25) (24) Peyote (7415), including:
3468	3468	22 (A) all parts of the plant that are classified botanically as
3469	3469	23 lophophora williamsii lemaire, whether growing or not;
3470	3470	24 (B) the seeds thereof;
3471	3471	25 (C) any extract from any part of the plant; and
3472	3472	26 (D) every compound, manufacture, salt, derivative, mixture, or
3473	3473	27 preparation of the plant, its seeds, or extracts.
3474	3474	28 (26) (25) N-ethyl-3-piperidyl benzilate (7482). Other name:
3475	3475	29 DMZ.
3476	3476	30 (27) (26) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
3477	3477	31 Other names: N-hydroxy-alpha-methyl-3,4
3478	3478	32 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
3479	3479	33 (28) (27) N-methyl-3-piperidyl benzilate (7484). Other name:
3480	3480	34 LBJ.
3481	3481	35 (29) (28) Psilocybin (7437).
3482	3482	36 (30) (29) Psilocyn (7438).
3483	3483	37 (31) (30) Tetrahydrocannabinols (7370), including synthetic
3484	3484	38 equivalents of the substances contained in the plant, or in the
3485	3485	39 resinous extractives of Cannabis, sp. and synthetic substances,
3486	3486	40 derivatives, and their isomers with similar chemical structure and
3487	3487	41 pharmacological activity such as:
3488	3488	42 (A) ð
3489	3489	1
3490	3490	cis or trans tetrahydrocannabinol, and their optical
3491	3491	2022 IN 414—LS 6821/DI 106 82
3492	3492	1 isomers;
3493	3493	2 (B) ð
3494	3494	6
3495	3495	cis or trans tetrahydrocannabinol, and their optical
3496	3496	3 isomers; and
3497	3497	4 (C) ð
3498	3498	3,
3499	3499	4 cis or trans tetrahydrocannabinol, and their optical
3500	3500	5 isomers.
3501	3501	6 Since nomenclature of these substances is not internationally
3502	3502	7 standardized, compounds of these structures, regardless of
3503	3503	8 numerical designation of atomic positions are covered. Other
3504	3504	9 name: THC.
3505	3505	10 (32) (31) Ethylamine analog of phencyclidine (7455). Some trade
3506	3506	11 or other names: N-Ethyl-1-phenylcyclohexylamine;
3507	3507	12 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
3508	3508	13 ethylamine; cyclohexamine; PCE.
3509	3509	14 (33) (32) Pyrrolidine analog of phencyclidine (7458). Some trade
3510	3510	15 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
3511	3511	y; PHP.
3512	3512	16 (34) (33) Thiophene analog of phencyclidine (7470). Some trade
3513	3513	17 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
3514	3514	18 Analog of Phencyclidine; TPCP.
3515	3515	19 (35) (34) Salvia divinorum or salvinorin A, including:
3516	3516	20 (A) all parts of the plant that are classified botanically as salvia
3517	3517	21 divinorum, whether growing or not;
3518	3518	22 (B) the seeds of the plant;
3519	3519	23 (C) any extract from any part of the plant; and
3520	3520	24 (D) every compound, manufacture, salt, derivative, mixture, or
3521	3521	25 preparation of the plant, its seeds, or extracts.
3522	3522	26 (36) (35) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
3523	3523	27 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
3524	3524	28 5-MeO-DMT.
3525	3525	29 (37) (36) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
3526	3526	30 (38) (37) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
3527	3527	31 (39) (38) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
3528	3528	32 (40) (39) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
3529	3529	33 (41) (40) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
3530	3530	34 (2C-T-2).
3531	3531	35 (42) (41) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
3532	3532	36 (2C-T-4).
3533	3533	37 (43) (42) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
3534	3534	38 (44) (43) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
3535	3535	39 (45) (44) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
3536	3536	40 (2C-P).
3537	3537	41 (46) (45) Deschloroketamine (2-Phenyl-2-
3538	3538	42 (methylamino)cyclohexanone).
3539	3539	2022 IN 414—LS 6821/DI 106 83
3540	3540	1 (47) (46) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
3541	3541	2 ethyltryptamine).
3542	3542	3 (48) (47) N-methyltryptamine (1H-Indole-3-ethanamine,
3543	3543	4 N-methyl-).
3544	3544	5 (e) Depressants. Unless specifically excepted in a rule adopted by
3545	3545	6 the board or unless listed in another schedule, any material, compound,
3546	3546	7 mixture, or preparation which contains any quantity of the following
3547	3547	8 substances having a depressant effect on the central nervous system,
3548	3548	9 including its salts, isomers, and salts of isomers whenever the existence
3549	3549	10 of such salts, isomers, and salts of isomers is possible within the
3550	3550	11 specific chemical designation:
3551	3551	12 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
3552	3552	13 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
3553	3553	14 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
3554	3554	15 Pasaden)
3555	3555	16 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
3556	3556	17 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
3557	3557	18 Gamma-hydroxybutyric acid (other names include GHB;
3558	3558	19 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
3559	3559	20 oxybate; sodium oxybutyrate) (2010)
3560	3560	21 Mecloqualone (2572)
3561	3561	22 Methaqualone (2565)
3562	3562	23 (f) Stimulants. Unless specifically excepted or unless listed in
3563	3563	24 another schedule, any material, compound, mixture, or preparation that
3564	3564	25 contains any quantity of the following substances having a stimulant
3565	3565	26 effect on the central nervous system, including its salts, isomers, and
3566	3566	27 salts of isomers:
3567	3567	28 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
3568	3568	29 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
3569	3569	30 Aminorex (1585). Other names: aminoxaphen;
3570	3570	31 2-amino-5-phenyl-2-oxazoline; or
3571	3571	32 4,5-dihydro-5-phenyl-2-oxazolamine.
3572	3572	33 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
3573	3573	34 -1-one. Synonyms: BMDP, N-benzyl methylone,
3574	3574	35 3,4-Methylenedioxy-Nbenzylcathinone,
3575	3575	36 N-benzyl-3,4-methylenedioxycathinone.
3576	3576	37 Cathinone (1235). Some trade or other names:
3577	3577	38 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
3578	3578	39 2-aminopropiophenone; and norephedrone.
3579	3579	40 Fenethylline (1503).
3580	3580	41 N-Benzylpiperazine (7493). Other names: BZP; and
3581	3581	42 1-benzylpiperazine.
3582	3582	2022 IN 414—LS 6821/DI 106 84
3583	3583	1 N-ethylamphetamine (1475).
3584	3584	2 Methcathinone (1237). Some other trade names:
3585	3585	3 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
3586	3586	4 Monomethylpropion; UR 1431.
3587	3587	5 N, N-dimethylamphetamine (1480). Other names: N,
3588	3588	6 N-alpha-trimethyl-benzeneethanamine; and N,
3589	3589	7 N-alpha-trimethylphenethylamine.
3590	3590	8 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
3591	3591	9 SECTION 20. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
3592	3592	10 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3593	3593	11 JULY 1, 2022]: Sec. 8.5. (a) A person who keeps for sale, offers for
3594	3594	12 sale, delivers, or finances the delivery of a raw material, an instrument,
3595	3595	13 a device, or other object that is intended to be or that is designed or
3596	3596	14 marketed to be used primarily for:
3597	3597	15 (1) ingesting, inhaling, or otherwise introducing into the human
3598	3598	16 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
3599	3599	17 controlled substance;
3600	3600	18 (2) testing the strength, effectiveness, or purity of marijuana, hash
3601	3601	19 oil, hashish, salvia, a synthetic drug, or a controlled substance;
3602	3602	20 (3) enhancing the effect of a controlled substance;
3603	3603	21 (4) manufacturing, compounding, converting, producing,
3604	3604	22 processing, or preparing marijuana, hash oil, hashish, salvia, a
3605	3605	23 synthetic drug, or a controlled substance;
3606	3606	24 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
3607	3607	25 synthetic drug, or a controlled substance by individuals; or
3608	3608	26 (6) any purpose announced or described by the seller that is in
3609	3609	27 violation of this chapter;
3610	3610	28 commits a Class A infraction for dealing in paraphernalia.
3611	3611	29 (b) A person who knowingly or intentionally violates subsection (a)
3612	3612	30 commits a Class A misdemeanor. However, the offense is a Level 6
3613	3613	31 felony if the person has a prior unrelated judgment or conviction under
3614	3614	32 this section.
3615	3615	33 (c) This section does not apply to the following:
3616	3616	34 (1) Items marketed for use in the preparation, compounding,
3617	3617	35 packaging, labeling, or other use of marijuana, hash oil, hashish,
3618	3618	36 salvia, a synthetic drug, or a controlled substance as an incident
3619	3619	37 to lawful research, teaching, or chemical analysis and not for sale.
3620	3620	38 (2) Items marketed for or historically and customarily used in
3621	3621	39 connection with the planting, propagating, cultivating, growing,
3622	3622	40 harvesting, manufacturing, compounding, converting, producing,
3623	3623	41 processing, preparing, testing, analyzing, packaging, repackaging,
3624	3624	42 storing, containing, concealing, injecting, ingesting, or inhaling
3625	3625	2022 IN 414—LS 6821/DI 106 85
3626	3626	1 of tobacco or any other lawful substance.
3627	3627	2 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
3628	3628	3 a syringe or needle as part of a program under IC 16-41-7.5.
3629	3629	4 (4) Any entity or person that provides funding to a qualified entity
3630	3630	5 (as defined in IC 16-41-7.5-3) to operate a program described in
3631	3631	6 IC 16-41-7.5.
3632	3632	7 SECTION 21. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
3633	3633	8 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3634	3634	9 JULY 1, 2022]: Sec. 10. (a) A person who:
3635	3635	10 (1) knowingly or intentionally:
3636	3636	11 (A) manufactures;
3637	3637	12 (B) finances the manufacture of;
3638	3638	13 (C) delivers; or
3639	3639	14 (D) finances the delivery of;
3640	3640	15 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
3641	3641	16 (2) possesses, with intent to:
3642	3642	17 (A) manufacture;
3643	3643	18 (B) finance the manufacture of;
3644	3644	19 (C) deliver; or
3645	3645	20 (D) finance the delivery of;
3646	3646	21 marijuana, hash oil, hashish, or salvia, pure or adulterated;
3647	3647	22 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
3648	3648	23 misdemeanor, except as provided in subsections (b) through (d).
3649	3649	24 (b) A person may be convicted of an offense under subsection (a)(2)
3650	3650	25 only if:
3651	3651	26 (1) there is evidence in addition to the weight of the drug that the
3652	3652	27 person intended to manufacture, finance the manufacture of,
3653	3653	28 deliver, or finance the delivery of the drug; or
3654	3654	29 (2) the amount of the drug involved is at least
3655	3655	30 (A) ten (10) pounds, if the drug is marijuana; or
3656	3656	31 (B) three hundred (300) grams, if the drug is hash oil, hashish,
3657	3657	32 or salvia.
3658	3658	33 (c) The offense is a Level 6 felony if:
3659	3659	34 (1) the person has a prior conviction for a drug offense and the
3660	3660	35 amount of the drug involved is
3661	3661	36 (A) less than thirty (30) grams of marijuana; or
3662	3662	37 (B) less than five (5) grams of hash oil, hashish, or salvia; or
3663	3663	38 (2) the amount of the drug involved is
3664	3664	39 (A) at least thirty (30) grams but less than ten (10) pounds of
3665	3665	40 marijuana; or
3666	3666	41 (B) at least five (5) grams but less than three hundred (300)
3667	3667	42 grams of hash oil, hashish, or salvia.
3668	3668	2022 IN 414—LS 6821/DI 106 86
3669	3669	1 (d) The offense is a Level 5 felony if:
3670	3670	2 (1) the person has a prior conviction for a drug dealing offense
3671	3671	3 and the amount of the drug involved is
3672	3672	4 (A) at least thirty (30) grams but less than ten (10) pounds of
3673	3673	5 marijuana; or
3674	3674	6 (B) at least five (5) grams but less than three hundred (300)
3675	3675	7 grams of hash oil, hashish, or salvia; or
3676	3676	8 (2) the:
3677	3677	9 (A) amount of the drug involved is
3678	3678	10 (i) at least ten (10) pounds of marijuana; or
3679	3679	11 (ii) at least three hundred (300) grams of hash oil, hashish,
3680	3680	12 or salvia; or
3681	3681	13 (B) offense involved a sale to a minor. or
3682	3682	14 (3) the:
3683	3683	15 (A) person is a retailer;
3684	3684	16 (B) marijuana, hash oil, hashish, or salvia is packaged in a
3685	3685	17 manner that appears to be low THC hemp extract; and
3686	3686	18 (C) person knew or reasonably should have known that the
3687	3687	19 product was marijuana, hash oil, hashish, or salvia.
3688	3688	20 (e) A retailer who:
3689	3689	21 (1) knowingly or intentionally:
3690	3690	22 (A) manufactures;
3691	3691	23 (B) finances the manufacture of;
3692	3692	24 (C) delivers; or
3693	3693	25 (D) finances the delivery of;
3694	3694	26 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3695	3695	27 that is packaged in a manner that appears to be low THC
3696	3696	28 hemp extract; or
3697	3697	29 (2) possesses, with intent to:
3698	3698	30 (A) manufacture;
3699	3699	31 (B) finance the manufacture of;
3700	3700	32 (C) deliver; or
3701	3701	33 (D) finance the delivery of;
3702	3702	34 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3703	3703	35 that is packaged in a manner that appears to be low THC
3704	3704	36 hemp extract;
3705	3705	37 commits dealing in mislabeled low THC hemp extract, a Level 5
3706	3706	38 felony, if the person knew or reasonably should have known that
3707	3707	39 the product was marijuana, hash oil, hashish, or salvia.
3708	3708	40 SECTION 22. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
3709	3709	41 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3710	3710	42 JULY 1, 2022]: Sec. 11. (a) A person who
3711	3711	2022 IN 414—LS 6821/DI 106 87
3712	3712	1 (1) knowingly or intentionally possesses (pure or adulterated)
3713	3713	2 marijuana, hash oil, hashish, or salvia
3714	3714	3 (2) knowingly or intentionally grows or cultivates marijuana; or
3715	3715	4 (3) knowing that marijuana is growing on the person's premises,
3716	3716	5 fails to destroy the marijuana plants;
3717	3717	6 commits possession of marijuana, hash oil, hashish, or salvia, a Class
3718	3718	7 B misdemeanor, except as provided in subsections (b) through (c).
3719	3719	8 (b) The offense described in subsection (a) is a Class A
3720	3720	9 misdemeanor if
3721	3721	10 (1) the person has a prior conviction for a drug offense. or
3722	3722	11 (2) the:
3723	3723	12 (A) marijuana, hash oil, hashish, or salvia is packaged in a
3724	3724	13 manner that appears to be low THC hemp extract; and
3725	3725	14 (B) person knew or reasonably should have known that the
3726	3726	15 product was marijuana, hash oil, hashish, or salvia.
3727	3727	16 (c) The offense described in subsection (a) is a Level 6 felony if:
3728	3728	17 (1) the person has a prior conviction for a drug offense; and
3729	3729	18 (2) the person possesses
3730	3730	19 (A) at least thirty (30) grams of marijuana; or
3731	3731	20 (B) at least five (5) grams of hash oil, hashish, or salvia.
3732	3732	21 (d) A person who:
3733	3733	22 (1) knowingly or intentionally possesses (pure or adulterated)
3734	3734	23 marijuana, hash oil, hashish, or salvia; and
3735	3735	24 (2) the:
3736	3736	25 (A) marijuana, hash oil, hashish, or salvia is packaged in a
3737	3737	26 manner that appears to be low THC hemp extract; and
3738	3738	27 (B) person knew or reasonably should have known that the
3739	3739	28 product was marijuana, hash oil, hashish, or salvia;
3740	3740	29 commits possession of mislabeled low THC hemp extract, a Class
3741	3741	30 A misdemeanor.
3742	3742	31 SECTION 23. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
3743	3743	32 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3744	3744	33 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (i), (j), or
3745	3745	34 (l), or (m), in addition to any sentence imposed under this article for a
3746	3746	35 felony or misdemeanor, the court may, as a condition of probation or
3747	3747	36 without placing the person on probation, order the person to make
3748	3748	37 restitution to the victim of the crime, the victim's estate, or the family
3749	3749	38 of a victim who is deceased. The court shall base its restitution order
3750	3750	39 upon a consideration of:
3751	3751	40 (1) property damages of the victim incurred as a result of the
3752	3752	41 crime, based on the actual cost of repair (or replacement if repair
3753	3753	42 is inappropriate);
3754	3754	2022 IN 414—LS 6821/DI 106 88
3755	3755	1 (2) medical and hospital costs incurred by the victim (before the
3756	3756	2 date of sentencing) as a result of the crime;
3757	3757	3 (3) the cost of medical laboratory tests to determine if the crime
3758	3758	4 has caused the victim to contract a disease or other medical
3759	3759	5 condition;
3760	3760	6 (4) earnings lost by the victim (before the date of sentencing) as
3761	3761	7 a result of the crime including earnings lost while the victim was
3762	3762	8 hospitalized or participating in the investigation or trial of the
3763	3763	9 crime; and
3764	3764	10 (5) funeral, burial, or cremation costs incurred by the family or
3765	3765	11 estate of a homicide victim as a result of the crime.
3766	3766	12 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
3767	3767	13 a judgment lien that:
3768	3768	14 (1) attaches to the property of the person subject to the order;
3769	3769	15 (2) may be perfected;
3770	3770	16 (3) may be enforced to satisfy any payment that is delinquent
3771	3771	17 under the restitution order by the person in whose favor the order
3772	3772	18 is issued or the person's assignee; and
3773	3773	19 (4) expires;
3774	3774	20 in the same manner as a judgment lien created in a civil proceeding.
3775	3775	21 (c) When a restitution order is issued under subsection (a), the
3776	3776	22 issuing court may order the person to pay the restitution, or part of the
3777	3777	23 restitution, directly to:
3778	3778	24 (1) the victim services division of the Indiana criminal justice
3779	3779	25 institute in an amount not exceeding:
3780	3780	26 (A) the amount of the award, if any, paid to the victim under
3781	3781	27 IC 5-2-6.1; and
3782	3782	28 (B) the cost of the reimbursements, if any, for emergency
3783	3783	29 services provided to the victim under IC 16-10-1.5 (before its
3784	3784	30 repeal) or IC 16-21-8; or
3785	3785	31 (2) a probation department that shall forward restitution or part of
3786	3786	32 restitution to:
3787	3787	33 (A) a victim of a crime;
3788	3788	34 (B) a victim's estate; or
3789	3789	35 (C) the family of a victim who is deceased.
3790	3790	36 The victim services division of the Indiana criminal justice institute
3791	3791	37 shall deposit the restitution it receives under this subsection in the
3792	3792	38 violent crime victims compensation fund established by IC 5-2-6.1-40.
3793	3793	39 (d) When a restitution order is issued under subsection (a), (i), (j),
3794	3794	40 or (l), or (m), the issuing court shall send a certified copy of the order
3795	3795	41 to the clerk of the circuit court in the county where the felony or
3796	3796	42 misdemeanor charge was filed. The restitution order must include the
3797	3797	2022 IN 414—LS 6821/DI 106 89
3798	3798	1 following information:
3799	3799	2 (1) The name and address of the person that is to receive the
3800	3800	3 restitution.
3801	3801	4 (2) The amount of restitution the person is to receive.
3802	3802	5 Upon receiving the order, the clerk shall enter and index the order in
3803	3803	6 the circuit court judgment docket in the manner prescribed by
3804	3804	7 IC 33-32-3-2. The clerk shall also notify the department of insurance
3805	3805	8 of an order of restitution under subsection (i).
3806	3806	9 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
3807	3807	10 does not bar a civil action for:
3808	3808	11 (1) damages that the court did not require the person to pay to the
3809	3809	12 victim under the restitution order but arise from an injury or
3810	3810	13 property damage that is the basis of restitution ordered by the
3811	3811	14 court; and
3812	3812	15 (2) other damages suffered by the victim.
3813	3813	16 (f) Regardless of whether restitution is required under subsection (a)
3814	3814	17 as a condition of probation or other sentence, the restitution order is not
3815	3815	18 discharged by the completion of any probationary period or other
3816	3816	19 sentence imposed for a felony or misdemeanor.
3817	3817	20 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
3818	3818	21 not discharged by the liquidation of a person's estate by a receiver
3819	3819	22 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
3820	3820	23 IC 34-1-12, or IC 34-2-7 before their repeal).
3821	3821	24 (h) The attorney general may pursue restitution ordered by the court
3822	3822	25 under subsections (a) and (c) on behalf of the victim services division
3823	3823	26 of the Indiana criminal justice institute established under IC 5-2-6-8.
3824	3824	27 (i) The court may order the person convicted of an offense under
3825	3825	28 IC 35-43-9 to make restitution to the victim of the crime. The court
3826	3826	29 shall base its restitution order upon a consideration of the amount of
3827	3827	30 money that the convicted person converted, misappropriated, or
3828	3828	31 received, or for which the convicted person conspired. The restitution
3829	3829	32 order issued for a violation of IC 35-43-9 must comply with
3830	3830	33 subsections (b), (d), (e), and (g), and is not discharged by the
3831	3831	34 completion of any probationary period or other sentence imposed for
3832	3832	35 a violation of IC 35-43-9.
3833	3833	36 (j) The court may order the person convicted of an offense under
3834	3834	37 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
3835	3835	38 victim's estate, or the family of a victim who is deceased. The court
3836	3836	39 shall base its restitution order upon a consideration of the amount of
3837	3837	40 fraud or harm caused by the convicted person and any reasonable
3838	3838	41 expenses (including lost wages) incurred by the victim in correcting the
3839	3839	42 victim's credit report and addressing any other issues caused by the
3840	3840	2022 IN 414—LS 6821/DI 106 90
3841	3841	1 commission of the offense under IC 35-43-5-3.5. If, after a person is
3842	3842	2 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
3843	3843	3 estate, or the family of a victim discovers or incurs additional expenses
3844	3844	4 that result from the convicted person's commission of the offense under
3845	3845	5 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
3846	3846	6 to require the convicted person to make restitution, even if the court
3847	3847	7 issued a restitution order at the time of sentencing. For purposes of
3848	3848	8 entering a restitution order after sentencing, a court has continuing
3849	3849	9 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
3850	3850	10 for five (5) years after the date of sentencing. Each restitution order
3851	3851	11 issued for a violation of IC 35-43-5-3.5 must comply with subsections
3852	3852	12 (b), (d), (e), and (g), and is not discharged by the completion of any
3853	3853	13 probationary period or other sentence imposed for an offense under
3854	3854	14 IC 35-43-5-3.5.
3855	3855	15 (k) The court shall order a person convicted of an offense under
3856	3856	16 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
3857	3857	17 equal to the greater of the following:
3858	3858	18 (1) The gross income or value to the person of the victim's labor
3859	3859	19 or services.
3860	3860	20 (2) The value of the victim's labor as guaranteed under the
3861	3861	21 minimum wage and overtime provisions of:
3862	3862	22 (A) the federal Fair Labor Standards Act of 1938, as amended
3863	3863	23 (29 U.S.C. 201-209); or
3864	3864	24 (B) IC 22-2-2 (Minimum Wage);
3865	3865	25 whichever is greater.
3866	3866	26 (l) The court shall order a person who:
3867	3867	27 (1) is convicted of dealing in methamphetamine under
3868	3868	28 IC 35-48-4-1.1 or manufacturing methamphetamine under
3869	3869	29 IC 35-48-4-1.2; and
3870	3870	30 (2) manufactured the methamphetamine on property owned by
3871	3871	31 another person, without the consent of the property owner;
3872	3872	32 to pay liquidated damages to the property owner in the amount of ten
3873	3873	33 thousand dollars ($10,000) or to pay actual damages to the property
3874	3874	34 owner, including lost rent and the costs of decontamination by a
3875	3875	35 qualified inspector certified under IC 16-19-3.1.
3876	3876	36 (m) The court shall order a person who:
3877	3877	37 (1) is convicted of dealing in marijuana under
3878	3878	38 IC 35-48-4-10(a)(1)(A); and
3879	3879	39 (2) manufactured the marijuana on property owned by another
3880	3880	40 person, without the consent of the property owner;
3881	3881	41 to pay liquidated damages to the property owner in the amount of two
3882	3882	42 thousand dollars ($2,000).
3883	3883	2022 IN 414—LS 6821/DI 106 91
3884	3884	1 SECTION 24. IC 35-52-7-97 IS ADDED TO THE INDIANA
3885	3885	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3886	3886	3 [EFFECTIVE JULY 1, 2022]: Sec. 97. IC 7.1-8-12-13 defines a crime
3887	3887	4 concerning cannabis.
3888	3888	5 SECTION 25. IC 35-52-7-98 IS ADDED TO THE INDIANA
3889	3889	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
3890	3890	7 [EFFECTIVE JULY 1, 2022]: Sec. 98. IC 7.1-8-14-8 defines a crime
3891	3891	8 concerning cannabis.
3892	3892	9 SECTION 26. IC 35-52-7-99 IS ADDED TO THE INDIANA
3893	3893	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
3894	3894	11 [EFFECTIVE JULY 1, 2022]: Sec. 99. IC 7.1-8-15-5 defines a crime
3895	3895	12 concerning cannabis.
3896	3896	13 SECTION 27. IC 35-52-7-100 IS ADDED TO THE INDIANA
3897	3897	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
3898	3898	15 [EFFECTIVE JULY 1, 2022]: Sec. 100. IC 7.1-8-19-3 defines a crime
3899	3899	16 concerning cannabis.
3900	3900	17 SECTION 28. IC 35-52-7-101 IS ADDED TO THE INDIANA
3901	3901	18 CODE AS A NEW SECTION TO READ AS FOLLOWS
3902	3902	19 [EFFECTIVE JULY 1, 2022]: Sec. 101. IC 7.1-8-19-4 defines a crime
3903	3903	20 concerning cannabis.
3904	3904	21 SECTION 29. IC 35-52-7-102 IS ADDED TO THE INDIANA
3905	3905	22 CODE AS A NEW SECTION TO READ AS FOLLOWS
3906	3906	23 [EFFECTIVE JULY 1, 2022]: Sec. 102. IC 7.1-8-19-6 defines a crime
3907	3907	24 concerning cannabis.
3908	3908	25 SECTION 30. IC 36-1-8.5-4, AS ADDED BY P.L.106-2013,
3909	3909	26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3910	3910	27 JULY 1, 2022]: Sec. 4. As used in this chapter, "law enforcement
3911	3911	28 officer" means an individual who is employed or was formerly
3912	3912	29 employed as:
3913	3913	30 (1) a police officer (including a correctional police officer),
3914	3914	31 sheriff, constable, marshal, prosecuting attorney, special
3915	3915	32 prosecuting attorney, special deputy prosecuting attorney, the
3916	3916	33 securities commissioner, or the inspector general;
3917	3917	34 (2) a deputy of any of the persons specified in subdivision (1);
3918	3918	35 (3) an investigator for a prosecuting attorney or for the inspector
3919	3919	36 general;
3920	3920	37 (4) a conservation officer;
3921	3921	38 (5) an enforcement officer of the alcohol and tobacco commission
3922	3922	39 or of the cannabis commission; or
3923	3923	40 (6) an enforcement officer of the securities division of the office
3924	3924	41 of the secretary of state.
3925	3925	2022 IN 414—LS 6821/DI 106