Introduced Version
SENATE BILL No. 414
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-2.5-8-7; IC 6-8.1-1-1; IC 6-11; IC 7.1-8;
IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
IC 34-24-1-1; IC 34-30-2-23.5; IC 35-31.5-2-185; IC 35-45-6-1;
IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
Synopsis: Cannabis legalization. Establishes a procedure for the
lawful production and sale of cannabis in Indiana. Makes conforming
amendments.
Effective: July 1, 2022.
Niezgodski
January 12, 2022, read first time and referred to Committee on Commerce and Technology.
2022 IN 414—LS 6821/DI 106 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 414
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 6-2.5-8-7, AS AMENDED BY P.L.156-2020,
2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 7. (a) The department may, for good cause, revoke
4 a certificate issued under section 1, 3, or 4 of this chapter. However,
5 the department must give the certificate holder at least five (5) days
6 notice before it revokes the certificate under this subsection. Good
7 cause for revocation may include the following:
8 (1) Failure to:
9 (A) file a return required under this chapter or for any tax
10 collected for the state in trust; or
11 (B) remit any tax collected for the state in trust.
12 (2) Being charged with a violation of any provision under IC 35.
13 (3) Being subject to a court order under IC 7.1-2-6-7,
14 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
15 (4) Being charged with a violation of IC 23-15-12.
16 (5) Operating as a retail merchant where the certificate issued
17 under section 1 of this chapter could have been denied under
2022 IN 414—LS 6821/DI 106 2
1 section 1(e) of this chapter prior to its issuance.
2 The department may revoke a certificate before a criminal adjudication
3 or without a criminal charge being filed. If the department gives notice
4 of an intent to revoke based on an alleged violation of subdivision (2),
5 the department shall hold a public hearing to determine whether good
6 cause exists. If the department finds in a public hearing by a
7 preponderance of the evidence that a person has committed a violation
8 described in subdivision (2), the department shall proceed in
9 accordance with subsection (i) (if the violation resulted in a criminal
10 conviction) or subsection (j) (if the violation resulted in a judgment for
11 an infraction).
12 (b) The department shall revoke a certificate issued under section
13 1, 3, or 4 of this chapter if, for a period of three (3) years, the certificate
14 holder fails to:
15 (1) file the returns required by IC 6-2.5-6-1; or
16 (2) report the collection of any state gross retail or use tax on the
17 returns filed under IC 6-2.5-6-1.
18 However, the department must give the certificate holder at least five
19 (5) days notice before it revokes the certificate.
20 (c) The department may, for good cause, revoke a certificate issued
21 under section 1 of this chapter after at least five (5) days notice to the
22 certificate holder if:
23 (1) the certificate holder is subject to an innkeeper's tax under
24 IC 6-9; and
25 (2) a board, bureau, or commission established under IC 6-9 files
26 a written statement with the department.
27 (d) The statement filed under subsection (c) must state that:
28 (1) information obtained by the board, bureau, or commission
29 under IC 6-8.1-7-1 indicates that the certificate holder has not
30 complied with IC 6-9; and
31 (2) the board, bureau, or commission has determined that
32 significant harm will result to the county from the certificate
33 holder's failure to comply with IC 6-9.
34 (e) The department shall revoke or suspend a certificate issued
35 under section 1 of this chapter after at least five (5) days notice to the
36 certificate holder if:
37 (1) the certificate holder owes taxes, penalties, fines, interest, or
38 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
39 days after the due date under IC 6-1.1; and
40 (2) the treasurer of the county to which the taxes are due requests
41 the department to revoke or suspend the certificate.
42 (f) The department shall reinstate a certificate suspended under
2022 IN 414—LS 6821/DI 106 3
1 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
2 or the county treasurer requests the department to reinstate the
3 certificate because an agreement for the payment of taxes and any
4 penalties due under IC 6-1.1 has been reached to the satisfaction of the
5 county treasurer.
6 (g) The department shall revoke a certificate issued under section
7 1 of this chapter after at least five (5) days notice to the certificate
8 holder if the department finds in a public hearing by a preponderance
9 of the evidence that the certificate holder has violated IC 35-45-5-3,
10 IC 35-45-5-3.5, or IC 35-45-5-4.
11 (h) If a person makes a payment for the certificate under section 1
12 or 3 of this chapter with a check, credit card, debit card, or electronic
13 funds transfer, and the department is unable to obtain payment of the
14 check, credit card, debit card, or electronic funds transfer for its full
15 face amount when the check, credit card, debit card, or electronic funds
16 transfer is presented for payment through normal banking channels, the
17 department shall notify the person by mail that the check, credit card,
18 debit card, or electronic funds transfer was not honored and that the
19 person has five (5) days after the notice is mailed to pay the fee in cash,
20 by certified check, or other guaranteed payment. If the person fails to
21 make the payment within the five (5) day period, the department shall
22 revoke the certificate.
23 (i) If the department finds in a public hearing by a preponderance of
24 the evidence that a person has a conviction for an offense under
25 IC 35-48-4 and the conviction involved the sale of or the offer to sell,
26 in the normal course of business, a synthetic drug (as defined in
27 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled
29 substance analog (as defined in IC 35-48-1-9.3), or a substance
30 represented to be a controlled substance (as described in
31 IC 35-48-4-4.6) by a retail merchant in a place of business for which
32 the retail merchant has been issued a registered retail merchant
33 certificate under section 1 of this chapter, the department:
34 (1) shall suspend the registered retail merchant certificate for the
35 place of business for one (1) year; and
36 (2) may not issue another retail merchant certificate under section
37 1 of this chapter for one (1) year to any person:
38 (A) that:
39 (i) applied for; or
40 (ii) made a retail transaction under;
41 the retail merchant certificate suspended under subdivision
42 (1); or
2022 IN 414—LS 6821/DI 106 4
1 (B) that:
2 (i) owned or co-owned, directly or indirectly; or
3 (ii) was an officer, a director, a manager, or a partner of;
4 the retail merchant that was issued the retail merchant
5 certificate suspended under subdivision (1).
6 (j) If the department finds in a public hearing by a preponderance of
7 the evidence that a person has a judgment for a violation of
8 IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an infraction and
9 the violation involved the sale of or the offer to sell, in the normal
10 course of business, a synthetic drug or a synthetic drug lookalike
11 substance by a retail merchant in a place of business for which the
12 retail merchant has been issued a registered retail merchant certificate
13 under section 1 of this chapter, the department:
14 (1) may suspend the registered retail merchant certificate for the
15 place of business for six (6) months; and
16 (2) may withhold issuance of another retail merchant certificate
17 under section 1 of this chapter for six (6) months to any person:
18 (A) that:
19 (i) applied for; or
20 (ii) made a retail transaction under;
21 the retail merchant certificate suspended under subdivision
22 (1); or
23 (B) that:
24 (i) owned or co-owned, directly or indirectly; or
25 (ii) was an officer, a director, a manager, or a partner of;
26 the retail merchant that was issued the retail merchant
27 certificate suspended under subdivision (1).
28 (k) If the department finds in a public hearing by a preponderance
29 of the evidence that a person has a conviction for a violation of
30 IC 35-48-4-10(d)(3) IC 35-48-4-10(e) and the conviction involved an
31 offense committed by a retail merchant in a place of business for which
32 the retail merchant has been issued a registered retail merchant
33 certificate under section 1 of this chapter, the department:
34 (1) shall suspend the registered retail merchant certificate for the
35 place of business for one (1) year; and
36 (2) may not issue another retail merchant certificate under section
37 1 of this chapter for one (1) year to any person:
38 (A) that:
39 (i) applied for; or
40 (ii) made a retail transaction under;
41 the retail merchant certificate suspended under subdivision
42 (1); or
2022 IN 414—LS 6821/DI 106 5
1 (B) that:
2 (i) owned or co-owned, directly or indirectly; or
3 (ii) was an officer, a director, a manager, or a partner of;
4 the retail merchant that was issued the retail merchant
5 certificate suspended under subdivision (1).
6 SECTION 2. IC 6-8.1-1-1, AS AMENDED BY P.L.165-2021,
7 SECTION 120, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 1. "Listed taxes" or "taxes" includes
9 only the pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the
10 supplemental wagering tax (IC 4-33-12); the riverboat wagering tax (IC
11 4-33-13); the slot machine wagering tax (IC 4-35-8); the type II
12 gambling game excise tax (IC 4-36-9); the gross income tax (IC 6-2.1)
13 (repealed); the utility receipts and utility services use taxes (IC 6-2.3);
14 the state gross retail and use taxes (IC 6-2.5); the adjusted gross income
15 tax (IC 6-3); the supplemental net income tax (IC 6-3-8) (repealed); the
16 county adjusted gross income tax (IC 6-3.5-1.1) (repealed); the county
17 option income tax (IC 6-3.5-6) (repealed); the county economic
18 development income tax (IC 6-3.5-7) (repealed); the local income tax
19 (IC 6-3.6); the auto rental excise tax (IC 6-6-9); the financial
20 institutions tax (IC 6-5.5); the gasoline tax (IC 6-6-1.1); the special fuel
21 tax (IC 6-6-2.5); the motor carrier fuel tax (IC 6-6-4.1); a motor fuel tax
22 collected under a reciprocal agreement under IC 6-8.1-3; the vehicle
23 excise tax (IC 6-6-5); the aviation fuel excise tax (IC 6-6-13); the
24 commercial vehicle excise tax (IC 6-6-5.5); the excise tax imposed on
25 recreational vehicles and truck campers (IC 6-6-5.1); the hazardous
26 waste disposal tax (IC 6-6-6.6) (repealed); the heavy equipment rental
27 excise tax (IC 6-6-15); the vehicle sharing excise tax (IC 6-6-16); the
28 cigarette tax (IC 6-7-1); the closed system cartridge tax (IC 6-7-2-7.5);
29 the electronic cigarette tax (IC 6-7-4); the cannabis excise tax (IC
30 6-11); the beer excise tax (IC 7.1-4-2); the liquor excise tax (IC
31 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard cider excise tax (IC
32 7.1-4-4.5); the petroleum severance tax (IC 6-8-1); the various
33 innkeeper's taxes (IC 6-9); the various food and beverage taxes (IC
34 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28); the oil
35 inspection fee (IC 16-44-2); the penalties assessed for oversize vehicles
36 (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
37 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
38 fee that the department is required to collect or administer.
39 SECTION 3. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
40 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
41 2022]:
42 ARTICLE 11. CANNABIS EXCISE TAX
2022 IN 414—LS 6821/DI 106 6
1 Chapter 1. Imposition and Collection of Tax
2 Sec. 1. The following definitions apply throughout this article:
3 (1)"Department" refers to the department of state revenue.
4 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
5 (3)"Retailer permittee" means a person who holds a cannabis
6 retailer permit issued under IC 7.1-8-15.
7 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
8 a rate of ten percent (10%) of the sales price per ounce of cannabis.
9 This tax shall be paid to the department by the retailer permittee
10 who sells the cannabis.
11 Sec. 3. (a) Every person subject to the tax under this article shall
12 remit the tax owed to the department before the fifteenth day of
13 the month following the month in which the cannabis is sold.
14 (b) The department shall prescribe the return to be filed for the
15 payment of the tax.
16 Sec. 4. The amounts received from the tax imposed by this
17 article shall be transferred by the auditor of state to the state
18 general fund.
19 Sec. 5. The department has full power to administer and enforce
20 this chapter, to collect all taxes and penalties due, and to dispose of
21 taxes and penalties so collected as provided by law. The tax is a
22 listed tax for purposes of IC 6-8.1.
23 Sec. 6. Except as otherwise provided in this article, a tax
24 imposed under this chapter shall be imposed, paid, and collected in
25 the same manner that the state gross retail tax is imposed, paid,
26 and collected under IC 6-2.5.
27 Sec. 7. The department shall adopt rules under IC 4-22-2 to
28 implement this article.
29 SECTION 4. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
30 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
31 2022]:
32 ARTICLE 8. CANNABIS
33 Chapter 1. Definitions
34 Sec. 1. The following definitions apply throughout this article
35 unless the context clearly requires otherwise:
36 (1) "Applicant" means a person who applies for a permit
37 under this article.
38 (2) "Batch" means cannabis plants that have been grown
39 together.
40 (3) "Cannabis" means any part of the plant genus Cannabis
41 whether growing or not, the seeds thereof, and any compound,
42 manufacture, salt, derivative, mixture, or preparation of the
2022 IN 414—LS 6821/DI 106 7
1 plant or its seeds. However, the term does not include:
2 (A) the mature stalks of the plant;
3 (B) fiber produced from the stalks;
4 (C) oil or cake made from the seeds of the plant;
5 (D) any other compound, manufacture, salt, derivative,
6 mixture, or preparation of the mature stalks (except the
7 resin extracted therefrom);
8 (E) the sterilized seed of the plant which is incapable of
9 germination;
10 (F) hemp (as defined in IC 15-15-13-6);
11 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
12 or
13 (H) smokable hemp (as defined in IC 35-48-1-26.6).
14 (4) "Cannabis canopy" means the surface area utilized to
15 grow cannabis plants calculated in square feet and measured
16 using the outside boundaries of any area that includes
17 cannabis plants, including all of the space within the
18 boundaries.
19 (5) "Cannabis permittee" means an individual, partnership,
20 company, or corporation permitted to grow, process,
21 transport, or sell cannabis for commercial purposes in
22 Indiana. However, the term does not include a person who
23 grows cannabis for personal use.
24 (6) "Carrier" means a person who is engaged in the
25 transportation of cannabis or cannabis products between a
26 grower, a processor, and a retailer and holds a permit issued
27 under IC 7.1-8-14.
28 (7) "Commission" means the cannabis commission established
29 by IC 7.1-8-2-1.
30 (8) "Crop" means any cannabis grown under a single permit.
31 (9) "Grower" means an individual, partnership, company, or
32 corporation that produces cannabis for commercial purposes
33 and that holds a permit issued under IC 7.1-8-12.
34 (10) "Integrated permittee" means a permittee who holds a
35 grower permit, a processor permit, and a retailer permit.
36 (11) "Permit" means a written authorization issued by the
37 commission entitling the holder to grow, process, transport,
38 sell, test, or otherwise deal in cannabis, as provided in this
39 article.
40 (12) "Permittee" means a person who holds a valid permit
41 under this article, including an agent of, employee of, or
42 another person acting on behalf of, a permittee.
2022 IN 414—LS 6821/DI 106 8
1 (13) "Personally cultivate" means to grow cannabis for
2 personal household use.
3 (14) "Processor" means an individual, partnership, company,
4 or corporation holding a permit issued under IC 7.1-8-13 that
5 obtains cannabis from a grower and:
6 (A) extracts botanical compounds or cannabinoids from
7 the cannabis;
8 (B) creates a cannabis infused product; or
9 (C) prepares or packages cannabis for retail sale for sale
10 or transfer.
11 (15) "Retailer" means an individual, partnership, company,
12 or corporation that holds a permit under IC 7.1-8-15 and that,
13 in the ordinary course of the person's regular trade or
14 business:
15 (A) acquires any form of cannabis for the purpose of
16 resale; and
17 (B) transfers the cannabis to another person for money or
18 other consideration.
19 (16) "Statewide monitoring system" means the statewide
20 cannabis tracking and monitoring system established under
21 IC 7.1-8-17.
22 Chapter 2. Cannabis Commission
23 Sec. 1. The cannabis commission is established.
24 Sec. 2. The commission consists of the following five (5) voting
25 members and one (1) nonvoting member:
26 (1) One (1) member appointed by the speaker of the house of
27 representatives.
28 (2) One (1) member appointed by the minority leader of the
29 house of representatives.
30 (3) One (1) member appointed by the president pro tempore
31 of the senate.
32 (4) One (1) member appointed by the minority leader of the
33 senate.
34 (5) One (1) member appointed by the governor, who shall
35 serve as chairperson of the commission.
36 (6) The executive director of the commission or the executive
37 director's designee, who serves ex officio as a nonvoting
38 member.
39 Sec. 3. (a) A commissioner is eligible for reappointment.
40 (b) Not more than three (3) commissioners may be members of
41 the same political party.
42 (c) A commissioner shall be appointed to a four (4) year term
2022 IN 414—LS 6821/DI 106 9
1 and may be removed only for cause. An appointment to fill a
2 vacancy shall be made in the same manner that an original
3 appointment is made. A member appointed to fill a vacancy in the
4 membership of the commission may serve only for the unexpired
5 portion of the original, vacated term, but may be reappointed.
6 Sec. 4. To be eligible for appointment as a commissioner an
7 individual must have the following qualifications:
8 (1) The individual may not be employed by the state in any
9 other capacity.
10 (2) The individual must have been an Indiana resident for at
11 least ten (10) years immediately preceding the appointment.
12 (3) The individual may not have a financial interest in a
13 cannabis permittee or in an entity governed by:
14 (A) this title;
15 (B) IC 4-29;
16 (C) IC 4-29.5;
17 (D) IC 4-31;
18 (E) IC 4-32.3;
19 (F) IC 4-33;
20 (G) IC 4-35; or
21 (H) IC 4-36.
22 (4) The individual may not have been convicted within ten
23 (10) years before the date of appointment of:
24 (A) a federal crime having a sentence of greater than one
25 (1) year;
26 (B) a Class A, Class B, or Class C felony (for a crime
27 committed before July 1, 2014) or a Level 1, Level 2, Level
28 3, Level 4, or Level 5 felony (for a crime committed after
29 June 30, 2014); or
30 (C) a crime in another state that is substantially similar to
31 a crime described in clause (B).
32 Sec. 5. As compensation for services, each commissioner is
33 entitled to the minimum salary per diem provided by
34 IC 4-10-11-2.1(b). A commissioner is also entitled to
35 reimbursement for traveling expenses as provided under
36 IC 4-13-1-4 and other expenses actually incurred in connection
37 with the commissioner's duties as provided in the state policies and
38 procedures established by the Indiana department of
39 administration and approved by the budget agency.
40 Sec. 6. (a) Each commissioner shall execute a surety bond in the
41 amount of ten thousand dollars ($10,000), with surety approved by
42 the governor, and an oath of office, both of which shall be filed in
2022 IN 414—LS 6821/DI 106 10
1 the office of the secretary of state.
2 (b) The required surety bond executed and filed on behalf of a
3 commissioner, an enforcement officer (under IC 7.1-8-5), or the
4 prosecutor (under IC 7.1-8-3) shall be made payable to the State of
5 Indiana and conditioned upon the faithful discharge of the bonded
6 party's respective duties.
7 Sec. 7. The commission shall hold regular meetings on a
8 quarterly basis at a minimum. The commission may hold special
9 meetings whenever the commission deems it necessary. The
10 procedure for the calling of a special meeting shall be provided for
11 in the rules of the commission. The commission has the power to
12 adjourn, from time to time, both regular and special meetings. In
13 no event, however, shall the adjournment be later than the next
14 regular meeting date.
15 Sec. 8. (a) Three (3) members of the commission constitute a
16 quorum for the transaction of business.
17 (b) Each commissioner has one (1) vote.
18 (c) Action of the commission may be taken only upon the
19 affirmative votes of at least two (2) commissioners. If a vote of the
20 commission is a tie, the position for which the chairperson voted
21 prevails, as long as that position has received the affirmative votes
22 of at least two (2) commissioners.
23 Sec. 9. A commissioner may not solicit or accept a political
24 contribution from any person or entity that has a permit or has
25 applied for a permit issued by the commission. However, the right
26 of a commissioner to vote as the commissioner chooses and to
27 express the commissioner's opinions on political subjects and
28 candidates may not be impaired.
29 Sec. 10. (a) As used in this section, "fund" means the cannabis
30 regulation fund established by subsection (b).
31 (b) The cannabis regulation fund is established for the purpose
32 of implementing, administering, and enforcing this article. The
33 fund shall be administered by the commission.
34 (c) The fund consists of fees and civil penalties collected under
35 this article.
36 (d) The expenses of administering the fund shall be paid from
37 money in the fund.
38 (e) The treasurer of state shall invest the money in the fund not
39 currently needed to meet the obligations of the fund in the same
40 manner as other public money may be invested. Interest that
41 accrues from these investments shall be deposited in the fund.
42 (f) Money in the fund at the end of a state fiscal year does not
2022 IN 414—LS 6821/DI 106 11
1 revert to the state general fund. However, the treasurer shall
2 distribute money in the fund at the end of a state fiscal year as
3 follows:
4 (1) Fifteen percent (15%) to prosecuting attorneys in counties
5 in which a cannabis retail facility is located, allocated in
6 proportion to the number of cannabis retail facilities within
7 the county as compared to the total number of cannabis retail
8 facilities in Indiana.
9 (2) Fifteen percent (15%) to cities, towns, and counties (if a
10 facility is not located in a city or town) in which a cannabis
11 growing facility, processing facility, or retail facility is
12 located, allocated in proportion to the number of growing
13 facilities, processing facilities, and retail facilities in Indiana.
14 (3) Twenty percent (20%) to the state department of health to
15 be used to develop, in consultation with the department of
16 education, a cannabis abuse prevention and education
17 program for youth.
18 (4) Twenty-five percent (25%) to the state department of
19 health for use by the division of mental health and addiction.
20 (5) Twenty-five percent (25%) to the state police department.
21 Chapter 3. Office of the Prosecutor
22 Sec. 1. The office of the prosecutor is established within the
23 commission.
24 Sec. 2. The prosecutor shall be appointed by the governor for a
25 term of four (4) years to be served at the pleasure of the governor.
26 The prosecutor must be a resident of Indiana and licensed to
27 practice law in Indiana.
28 Sec. 3. The prosecutor shall execute a surety bond in the amount
29 of five thousand dollars ($5,000), with surety approved by the
30 governor, and an oath of office, both of which shall be filed in the
31 office of the secretary of state.
32 Sec. 4. As compensation for services, the prosecutor shall
33 receive an annual salary to be fixed in the same manner that the
34 salaries of other state officials are fixed. In addition to the annual
35 salary, the prosecutor shall be reimbursed for traveling and other
36 expenses necessarily incurred while away from the office carrying
37 out prosecutorial duties.
38 Sec. 5. The prosecutor has the following powers and duties:
39 (1) To prosecute before the commission all violations of laws
40 pertaining to cannabis or cannabis products.
41 (2) To prosecute before the commission all violations of the
42 rules of the commission.
2022 IN 414—LS 6821/DI 106 12
1 (3) To assist the prosecuting attorneys of the various judicial
2 circuits in the investigation and prosecution of violations of
3 laws pertaining to cannabis or cannabis products.
4 (4) To appear before grand juries to assist in their
5 investigations into matters pertaining to cannabis or cannabis
6 products.
7 (5) To establish a seal of office.
8 (6) To administer oaths and to do all other acts authorized by
9 law for notaries public.
10 (7) To employ, with the consent of the commission and at
11 salaries fixed by the commission in its budget, the clerical staff
12 required to effectively discharge the duties of the prosecutor.
13 Sec. 6. The commission shall provide the prosecutor with
14 appropriate office space and all necessary office supplies and
15 services. All claims for salaries and necessary expenses of the office
16 of the prosecutor shall be allowed and approved and paid by the
17 commission.
18 Chapter 4. Executive Director
19 Sec. 1. The commission shall employ an executive director to aid
20 the commission in the efficient administration of its powers and
21 duties.
22 Sec. 2. The executive director's compensation shall be approved
23 annually by the commission.
24 Sec. 3. The commission may by resolution assign to the executive
25 director any duty imposed upon the commission by this article.
26 Sec. 4. The executive director shall perform the duties assigned
27 to the executive director by the commission. The executive director
28 may exercise any power conferred upon the commission by this
29 article that is consistent with the duties assigned to the executive
30 director under this chapter.
31 Sec. 5. In addition to any salary paid under this section, the
32 executive director is entitled to reimbursement for traveling
33 expenses and other expenses actually incurred in connection with
34 the executive director's duties, as provided in the state travel
35 policies and procedures established by the department of
36 administration and approved by the budget agency.
37 Chapter 5. Enforcement Officers
38 Sec. 1. The commission may employ a superintendent of the
39 enforcement officers and qualified individuals to serve as
40 enforcement officers of the commission.
41 Sec. 2. The superintendent of the enforcement officers must
42 have had at least ten (10) years experience as an active law
2022 IN 414—LS 6821/DI 106 13
1 enforcement officer, at least five (5) years of which must have been
2 in a management capacity.
3 Sec. 3. An enforcement officer who has completed the required
4 training at the Indiana law enforcement academy is vested with full
5 police powers and duties to enforce:
6 (1) the provisions of this article; and
7 (2) any other Indiana law relating to cannabis and cannabis
8 products.
9 Sec. 4. An enforcement officer may issue a summons for
10 infraction or misdemeanor violations if the defendant promises to
11 appear by signing the summons. A defendant who fails to appear
12 is subject to the penalties provided by IC 35-44.1-2-10. Upon
13 failure to appear, the court shall issue a warrant for the arrest of
14 the defendant.
15 Sec. 5. An enforcement officer may act as an officer for the
16 arrest of offenders against Indiana law if the enforcement officer
17 reasonably believes that a crime is or is about to be committed or
18 attempted in the enforcement officer's presence.
19 Sec. 6. Each enforcement officer shall execute a surety bond in
20 the amount of one thousand dollars ($1,000), with surety approved
21 by the commission, and an oath of office, both of which shall be
22 filed with the executive secretary of the commission.
23 Sec. 7. An eligible enforcement officer who retires with at least
24 twenty (20) years of service as an enforcement officer may retain
25 the officer's service weapon. The officer is entitled to receive, in
26 recognition of the officer's service to the commission and to the
27 public, a badge that indicates that the officer is retired. The
28 commission shall issue to the officer who is retiring an
29 identification card stating the officer's name and rank, signifying
30 that the officer is retired, and noting the officer's authority to
31 retain the service weapon.
32 Sec. 8. The commission has the power to employ and remove at
33 will all necessary employees, and to fix their duties, authority, and,
34 with proper approval, their compensation.
35 Sec. 9. The superintendent of the enforcement officers may
36 discharge a nonprobationary enforcement officer for just cause.
37 The commission shall adopt rules to establish a probationary
38 period and a procedure for the adjudication of the propriety of the
39 discharge of a nonprobationary enforcement officer.
40 Sec. 10. (a) The commission shall categorize salaries of
41 enforcement officers within each rank based upon the rank held
42 and the number of years of service in the commission through the
2022 IN 414—LS 6821/DI 106 14
1 twentieth year. The salary ranges that the commission assigns to
2 each rank shall be divided into a base salary and twenty (20)
3 increments above the base salary with:
4 (1) the base salary in the rank paid to a person with less than
5 one (1) year of service in the commission; and
6 (2) the highest salary in the rank paid to a person with at least
7 twenty (20) years of service in the commission.
8 (b) The salary matrix prescribed by this section shall be
9 reviewed and approved by the budget agency before
10 implementation.
11 (c) The salary matrix prescribed by this section must have
12 parity with the salary matrix prescribed by the natural resources
13 commission under IC 14-9-8 for conservation officers of the
14 department of natural resources. The budget agency shall approve
15 a salary matrix that meets the parity requirement of this
16 subsection.
17 Chapter 6. Duties and Responsibilities of the Commission
18 Sec. 1. The chairperson is the presiding officer at the meetings
19 of the commission. The chairperson, together with the executive
20 director, shall prepare, certify, and authenticate all proceedings,
21 minutes, records, and rules of the commission. The chairperson or
22 the chairperson's designee also shall perform all other duties as
23 imposed by this article.
24 Sec. 2. The commission has the power to organize its work and
25 carry on the functions of the commission and to enforce and
26 administer the provisions of this chapter and the rules of the
27 commission.
28 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
29 power to prescribe the forms for all applications, permits, licenses,
30 certificates, and other documents and records used in the
31 administration of this chapter.
32 Sec. 4. The commission has the power to:
33 (1) hold hearings before the commission or its representative;
34 (2) take testimony and receive evidence;
35 (3) conduct inquiries with or without hearings;
36 (4) receive reports of investigators or other governmental
37 officers and employees;
38 (5) administer oaths;
39 (6) subpoena witnesses and to compel them to appear and
40 testify;
41 (7) issue and enforce subpoenas duces tecum;
42 (8) take or institute proceedings to enforce subpoenas, and the
2022 IN 414—LS 6821/DI 106 15
1 rules, orders, or requirements of the commission or its
2 representative;
3 (9) fix the compensation paid to witnesses appearing before
4 the commission;
5 (10) establish and use the seal of the commission;
6 (11) certify copies of records of the commission or any other
7 document or record on file with the commission;
8 (12) fix the form, mode, manner, time, and number of times
9 for the posting or publication of any required notices if not
10 otherwise provided in this chapter;
11 (13) issue letters of extension as authorized by this chapter;
12 and
13 (14) hold permits on deposit as authorized by this chapter.
14 Sec. 5. (a) The commission shall prepare a quarterly report that
15 describes the violations by permittees subject to an enforcement
16 action under this article. Beginning in January 2023, the
17 commission shall issue the quarterly reports on or before the
18 fifteenth day of:
19 (1) January, concerning violations committed during the
20 preceding quarter consisting of the months of October
21 through December;
22 (2) April, concerning violations committed during the
23 preceding quarter consisting of the months of January
24 through March;
25 (3) July, concerning violations committed during the
26 preceding quarter consisting of the months of April through
27 June; and
28 (4) October, concerning violations committed during the
29 preceding quarter consisting of the months of July through
30 September.
31 (b) The commission's quarterly report must provide
32 noncompliance violations by:
33 (1) business listing;
34 (2) permit type; and
35 (3) county.
36 (c) The commission shall post the quarterly reports on the
37 commission's Internet web site. The commission shall:
38 (1) prepare a report annually that compiles the violations for
39 the preceding calendar year; and
40 (2) provide the report to the legislative council not later than
41 February 1 of each year in an electronic format under
42 IC 5-14-6.
2022 IN 414—LS 6821/DI 106 16
1 Sec. 6. The commission has the authority to petition the circuit
2 or superior court of the county in which the hearing or
3 investigation is being held to compel obedience to the lawful
4 requirements of its subpoena under this chapter.
5 Sec. 7. The commission is responsible for the enforcement and
6 administration of this article.
7 Sec. 8. The commission shall adopt rules in accordance with
8 IC 4-22-2 to implement and administer this article.
9 Sec. 9. The commission has the power to adopt rules governing
10 the following:
11 (1) The conduct of the meetings and business of the
12 commission.
13 (2) The conduct of hearings before any of the commission's
14 representatives.
15 (3) The conduct of the business of a permittee authorized or
16 governed by the provisions of this article.
17 (4) The enforcement of the provisions of this article and of the
18 rules of the commission.
19 (5) The standards of purity and methods of processing used in
20 the production of cannabis and cannabis products.
21 (6) The prevention of misbranding or adulteration of cannabis
22 and cannabis products.
23 (7) The prevention of fraud, evasion, trickery, or deceit in the
24 processing, labeling, advertisement, transportation, or sale of
25 cannabis or cannabis products, or the evasion of other
26 Indiana law relating to cannabis or cannabis products.
27 Chapter 7. Regulation of Permits and Permittees
28 Sec. 1. The commission has the discretionary authority to issue,
29 deny, suspend, revoke, or not renew all permits and certificates
30 authorized by this article, unless the exercise of discretion or
31 authority is limited by applicable provisions of this article.
32 Sec. 2. (a) The commission shall prepare and maintain, available
33 for public inspection, a registry of all permits issued by the
34 commission, categorized by type of permit and by the type of
35 establishment to which the permit is issued. The registry of permits
36 must:
37 (1) be subdivided on a county by county basis, and further
38 subdivided by city, town, and unincorporated area;
39 (2) contain the number of permits authorized by the quota,
40 and the number of permits currently issued;
41 (3) contain the name of the owner of the permit, the address
42 of the permitted premises, the assumed business name under
2022 IN 414—LS 6821/DI 106 17
1 which the business is conducted, and, if a corporation, the
2 names of the president and secretary; and
3 (4) be made current annually, to indicate by specific notation
4 any new permits that were issued or any existing permits that
5 were transferred in any manner within the prior year.
6 (b) The registry of permits is a public record.
7 Sec. 3. The commission has the power to investigate applicants
8 and permittees, and any violation of a provision of this article and
9 of the rules of the commission, and to report its findings to the
10 prosecuting attorney or the grand jury of the county in which the
11 violation occurred, or to the attorney general.
12 Sec. 4. The commission has the power to prohibit the sale,
13 transportation, or movement of cannabis when, in the judgment of
14 the commission, it is necessary during a time of public emergency,
15 civil disturbance, riot, or epidemic. The prohibition may be
16 imposed without prior notice or advertisement and may be
17 continued in force as long as the need continues.
18 Sec. 5. (a) The commission has the power to examine, inspect,
19 and search a permitted premises or a vehicle where cannabis or
20 cannabis products are kept, processed, or sold.
21 (b) The commission has the power to seize cannabis or cannabis
22 products, or any other personal property when the seizure is lawful
23 under the provisions of this article.
24 Sec. 6. The commission has the power to prevent a part of the
25 premises connected with, or in any way used in connection with, a
26 permitted premises, from being used as a subterfuge or means of
27 evading the provisions of this article or of the rules of the
28 commission.
29 Sec. 7. The commission has the power to set standards of
30 cleanliness and sanitation for a permitted premises and for the
31 apparatus, equipment, utensils, accessories, articles, and fixtures
32 used or employed in the permitted premises.
33 Sec. 8. The commission has the power to require the destruction
34 or removal of cases, containers, apparatus, or devices, used or
35 likely to be used, in evading, violating, or preventing the
36 enforcement of the provisions of this article or of the rules of the
37 commission.
38 Sec. 9. (a) The commission has the power to regulate and
39 prohibit advertising, signs, displays, posters, and designs intended
40 to advertise cannabis, a cannabis product, or the place where
41 cannabis or cannabis products are sold.
42 (b) The commission may not exercise the prohibition power
2022 IN 414—LS 6821/DI 106 18
1 contained in subsection (a) as to any advertisement broadcast over
2 licensed radio and television stations.
3 (c) All advertisements relating to cannabis or cannabis products
4 must conform to the rules of the commission.
5 (d) The commission shall not exercise the prohibition power
6 contained in subsection (a) as to advertising in the official program
7 of the Indianapolis 500 Race.
8 (e) Notwithstanding any other law, the commission may not
9 prohibit the use of an illuminated sign advertising cannabis or
10 cannabis products by brand name that is displayed within the
11 interior or on the exterior of the premises covered by the permit,
12 regardless of whether the sign is illuminated constantly or
13 intermittently.
14 (f) The commission may not prohibit the advertisement of:
15 (1) cannabis or cannabis products; or
16 (2) a place where cannabis or cannabis products may be
17 obtained;
18 in a program, scorecard, handbill, throw-away newspaper, or
19 menu. However, advertisements described in this subsection must
20 conform to the rules of the commission.
21 (g) Cannabis or cannabis products must be marketed or
22 advertised as "cannabis" for use only by persons at least
23 twenty-one (21) years of age.
24 (h) Cannabis or cannabis products may not be marketed or
25 advertised to persons less than twenty-one (21) years of age.
26 Sponsorships targeted at persons less than twenty-one (21) years
27 of age are prohibited.
28 (i) Cannabis or cannabis products may not be advertised on any
29 television program, radio program, Internet web site, or print
30 publication unless there is reliable evidence that seventy percent
31 (70%) of the audience is reasonably expected to be at least
32 twenty-one (21) years of age.
33 (j) Any cannabis or cannabis products advertised must bear a
34 warning label stating the following:
35 "For use by adults only. Keep out of reach of children. It is
36 illegal to drive a motor vehicle while under the influence of
37 cannabis. National Poison Control Center 1-800-222-1222.".
38 Sec. 10. (a) As used in this section, "facility" includes the
39 following:
40 (1) A facility permitted under this article.
41 (2) A tract that contains a premises permitted under this
42 article.
2022 IN 414—LS 6821/DI 106 19
1 (3) A horse track or satellite facility.
2 (4) A riverboat or racetrack.
3 (5) A tract that contains an entertainment complex.
4 (b) As used in this section, "tract" has the meaning set forth in
5 IC 6-1.1-1-22.5.
6 (c) A facility may advertise cannabis or cannabis products:
7 (1) in the facility's interior; or
8 (2) on the facility's exterior.
9 (d) The commission may not exercise the prohibition power
10 contained in this chapter on advertising by a permittee in or on a
11 facility.
12 (e) A facility may provide advertising to a permittee in exchange
13 for compensation from that permittee.
14 Sec. 11. The commission has the power to require the
15 registration of all brands, formulas, analyses, labels used, or
16 proposed to be used in selling or advertising cannabis or cannabis
17 products. The commission does not have the power to require the
18 disclosure of formulas that are verified trade secrets.
19 Sec. 12. The commission has the power to regulate the modes
20 and methods of dealing in, and the transportation of, cannabis and
21 cannabis products.
22 Sec. 13. The commission has the power to:
23 (1) prescribe the manner and methods by which all records
24 relating to cannabis or cannabis products are kept and
25 preserved;
26 (2) inspect all records relating to cannabis or cannabis
27 products; and
28 (3) require true copies of any record to be made and furnished
29 to the commission.
30 Sec. 14. The commission may require that, before the
31 transportation of cannabis or cannabis products into Indiana by an
32 authorized permittee, the permittee shall submit written, verified
33 information concerning the proposed transportation and execute
34 and file any documents required. The commission has the power to
35 inspect the shipments in transit and the vehicle used in the
36 transportation.
37 Sec. 15. The commission, unless otherwise specifically
38 prohibited, may delegate the powers and duties conferred on it in
39 this article to responsible employees of the commission. However,
40 the commission bears ultimate responsibility.
41 Sec. 16. The members of the commission and their officers and
42 employees are immune from civil liability for an act or omission
2022 IN 414—LS 6821/DI 106 20
1 done under the authority, or the color of authority, conferred by
2 this article or by a rule or order of the commission, unless the act
3 or omission constitutes gross negligence or willful or wanton
4 misconduct.
5 Sec. 17. The commission and the chairperson have, in addition
6 to the express powers enumerated in this article, the authority to
7 exercise all powers necessary and proper to carry out the policies
8 of this article and to promote efficient administration by the
9 commission.
10 Chapter 8. Searches and Seizures
11 Sec. 1. A circuit or superior court may issue a warrant to search
12 a house or other place for cannabis, cannabis products, or another
13 article that is being possessed, kept, sold, bartered, given away,
14 used, or transported in violation of this article.
15 Sec. 2. The warrant shall be directed to the officer, agent, or
16 employee of the commission who filed the affidavit for the warrant
17 and otherwise it shall be directed to any officer who has the power
18 to serve criminal process. The warrant shall be served by the
19 person to whom it was issued in the daytime or nighttime and the
20 return made within twenty (20) days from the date of issue.
21 Sec. 3. The officer who serves the warrant shall seize any article
22 described in the warrant and any other article found during the
23 search that is used in the violation of a provision of this article and
24 hold in the same manner as other items seized pursuant to a search
25 warrant are held.
26 Sec. 4. A person has no property right of any kind in:
27 (1) cannabis or a cannabis product possessed contrary to law;
28 (2) a receptacle or container holding cannabis or a cannabis
29 product possessed contrary to law;
30 (3) an unlawful or prohibited receptacle or container; or
31 (4) a receptacle or container that violates a rule of the
32 commission or that is being used in a manner that violates a
33 rule of the commission.
34 Sec. 5. Testimony concerning the appearance, taste, or odor of
35 cannabis or a cannabis product is admissible as evidence in a
36 criminal prosecution or in a proceeding before the commission.
37 Sec. 6. An unbroken cannabis container with a label altered so
38 that it does not describe the cannabis accurately is admissible as
39 evidence in a court.
40 Sec. 7. The court shall receive oral testimony upon a matter
41 referred to in this chapter for the purpose of showing a violation of
42 this article whether the container is offered in evidence or not.
2022 IN 414—LS 6821/DI 106 21
1 Sec. 8. (a) If a substance is removed or destroyed before it is
2 able to be seized under this chapter, the trier of fact may infer that
3 the substance was cannabis or a cannabis product possessed in
4 violation of this article.
5 (b) Proof of the possession of an empty container permits a trier
6 of fact to infer that the person who possessed the container
7 possessed cannabis.
8 Chapter 9. Public Nuisances
9 Sec. 1. The following are declared to be a public nuisance:
10 (1) A premises, vehicle, or place of any kind where at least one
11 (1) of the following occurs:
12 (A) Cannabis or a cannabis product of any type is
13 possessed in violation of Indiana law or a rule of the
14 commission.
15 (B) A person is permitted to use the premises, vehicle, or
16 place for the purpose of consuming cannabis or cannabis
17 products in violation of Indiana law or a rule of the
18 commission.
19 (2) A place where cannabis or cannabis products are kept for
20 delivery in violation of Indiana law or in violation of a rule of
21 the commission.
22 (3) The business property of a person who knowingly or
23 intentionally possesses cannabis or cannabis products in
24 violation of Indiana law or a rule of the commission.
25 Sec. 2. The plaintiff in an action to abate a public nuisance
26 under this chapter must prove that the owner of the business had
27 actual knowledge of the actions alleged to constitute a nuisance.
28 Sec. 3. In determining whether an owner should be held liable
29 for failing to abate a public nuisance under this chapter, the court
30 shall consider the efforts the owner took to abate the public
31 nuisance, including whether the law enforcement agency that
32 serves the owner's property was notified by the owner or the
33 owner's employee of the actions alleged to constitute the public
34 nuisance.
35 Sec. 4. If a permittee violates this article on a premises or in a
36 vehicle where cannabis or a cannabis product is kept, the premises
37 or vehicle is a public nuisance.
38 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
39 and the premises or vehicle where it is kept constitute a public
40 nuisance.
41 Sec. 6. (a) The following may bring an action to abate a common
42 nuisance or a violation of this article:
2022 IN 414—LS 6821/DI 106 22
1 (1) The commission.
2 (2) The chairperson of the commission.
3 (3) The attorney general.
4 (4) The prosecuting attorney exercising jurisdiction in the
5 county where the common nuisance or violation occurs.
6 (5) A permittee.
7 (6) A resident of the county where the common nuisance or
8 violation occurs.
9 (b) The court may grant a temporary restraining order, a
10 preliminary injunction, a permanent injunction, and any other
11 relief authorized under Indiana law.
12 Sec. 7. A prevailing plaintiff in an action brought to abate a
13 nuisance is entitled to, at the discretion of the court:
14 (1) an order that the premises be closed for a period of one (1)
15 year; or
16 (2) an order that the premises be closed for a period of less
17 than one (1) year and an award of liquidated damages in an
18 amount of not less than one thousand dollars ($1,000) and not
19 more than twenty-five thousand dollars ($25,000) to the State
20 of Indiana.
21 Sec. 8. An action authorized by this chapter shall be brought in
22 the name of the state on the relation of the commission. The
23 commission may be represented by an attorney selected by it, or by
24 the attorney general, or by a deputy or assistant attorney general
25 assigned by the attorney general for the purpose of instituting or
26 conducting the action, or by both.
27 Sec. 9. The remedies authorized by this chapter are cumulative
28 and nonexclusive. The remedies provided in this article do not
29 affect the power of the commission to revoke a permit.
30 Chapter 10. Jurisdiction and Miscellaneous Judicial
31 Proceedings
32 Sec. 1. An action brought against the commission, or against the
33 chairperson as the chairperson, shall be brought in the circuit or
34 superior court of Marion County unless otherwise specifically
35 provided in this article.
36 Sec. 2. The commission may bring an action for declaratory
37 judgment under IC 34-14-1-1.
38 Chapter 11. Issuance of Permits Generally
39 Sec. 1. (a) The commission may issue only the types of permits
40 authorized by this article subject to the applicable provisions of
41 this article.
42 (b) Beginning January 1, 2023, the commission shall accept
2022 IN 414—LS 6821/DI 106 23
1 applications for cannabis permits.
2 Sec. 2. A permit:
3 (1) is a revocable privilege granted by the state; and
4 (2) is not a property right.
5 Sec. 3. The commission may issue a permit under this article
6 only to:
7 (1) an individual;
8 (2) a partnership;
9 (3) a limited liability company; or
10 (4) a corporation organized and existing under Indiana law.
11 Sec. 4. The following definitions apply throughout this chapter:
12 (1) "Minority" means a person identified as:
13 (A) Black;
14 (B) Native American;
15 (C) Asian American; or
16 (D) Hispanic.
17 (2) "Owned and controlled" means:
18 (A) ownership of at least fifty-one percent (51%) of the
19 enterprise, including corporate stock of a corporation;
20 (B) control over the management and being active in the
21 day to day operations of the business; and
22 (C) an interest in the capital, assets, and profits and losses
23 of the business proportionate to the percentage of
24 ownership.
25 (3) "Veteran" means an individual who:
26 (1) has previously:
27 (A) served on active duty in any branch of the armed
28 forces of the United States or their reserves, or in the
29 national guard; and
30 (B) received an honorable discharge from service; or
31 (2) is currently serving in:
32 (A) any branch of the armed forces of the United States
33 or their reserves; or
34 (B) the national guard.
35 Sec. 5. (a) Except as provided in subsection (b), the commission
36 shall issue not less than fifteen percent (15%) of allowable permits
37 under this article to businesses owned and controlled by one (1) or
38 more:
39 (1) minorities; or
40 (2) veterans.
41 (b) If an insufficient number of qualifying applications are by a
42 person described in subsection (a), the commission shall issue
2022 IN 414—LS 6821/DI 106 24
1 permits in the usual way.
2 Sec. 6. (a) Except as otherwise provided in this article, a permit
3 issued by the commission is valid for one (1) calendar year,
4 including the day upon which it is granted. At the end of the one (1)
5 year period, the permit expires and is void.
6 (b) The commission shall timely process a permittee's
7 application for renewal of a permit unless the permittee receives a
8 notice of a violation from the office of the prosecutor.
9 (c) The commission may timely process an application for
10 renewal of a permit filed by a permittee that receives notice of a
11 violation as described in subsection (f) if the chairperson or the
12 chairperson's designee authorizes the application for renewal of
13 the permit to be timely processed.
14 (d) A permittee may file an application for renewal of a permit
15 not later than thirty (30) days after the date the permit expires.
16 (e) If a permittee does not file an application for renewal of a
17 permit within the time provided in subsection (d), the permit
18 reverts to the commission. At least thirty (30) days before the date
19 that a permit reverts to the commission, the commission shall
20 provide written notice to the permittee informing the permittee of
21 the date that the permittee's permit will revert to the commission.
22 (f) The chairperson or the chairperson's designee may allow the
23 permittee to renew the permit after the date the permit expires
24 only if the permittee provides evidence that the permittee is
25 engaged in an administrative or court proceeding that prevents the
26 permittee from renewing the permit.
27 (g) A permit is effective upon the final approval of the
28 commission. Upon final approval of a permit, and upon the request
29 of the permittee, the commission shall provide the permittee with
30 a letter of authority to operate. The letter of authority to operate
31 constitutes authorization for the permittee to perform the actions
32 allowed under the permit until the date the permittee receives the
33 permit issued by the commission.
34 Sec. 7. (a) The chairperson or the chairperson's designee may
35 issue an original letter of extension extending the term of a permit
36 for a maximum period of ninety (90) days for good cause shown
37 upon the written request of the permittee and payment of the fee,
38 if required.
39 (b) Upon the expiration of an original letter of extension, or any
40 renewal thereof, if good cause still exists, subsequent renewals of
41 the extension may be granted to the permittee only upon the
42 affirmative vote of a majority of the members of the commission.
2022 IN 414—LS 6821/DI 106 25
1 Sec. 8. The commission shall issue a permit authorized by this
2 article only upon proper application. The application shall be in
3 writing, and verified, upon forms prescribed and furnished by the
4 commission. The application shall contain the terms and
5 information required by this article or by the rules of the
6 commission. The appropriate surety bond, if required, must be
7 submitted with the application.
8 Sec. 9. An application for a permit shall contain the express
9 statement of the applicant that, if a permit is issued to the
10 applicant, the applicant consents for the duration of the permit
11 term to the entrance, inspection, and search by an enforcement
12 officer, without a warrant or other process, of the applicant's
13 permitted premises and vehicles to determine whether the
14 applicant is complying with the provisions of this article. The
15 consent required by this section is renewed and continued by the
16 retention of a permit or its use by a permittee.
17 Sec. 10. An application for a permit to sell cannabis or cannabis
18 products of any kind, and the required publication of notice, must
19 disclose the name of the applicant and the specific property
20 address where the cannabis or cannabis products are to be sold,
21 and any assumed business name under which the business will be
22 conducted. The application and notice also must disclose:
23 (1) the names of the executive officers of the corporation,
24 company, or other entity responsible to the public for the sale
25 of cannabis or the cannabis product; and
26 (2) the Internet web site where a member of the public may
27 access the information in subdivision (1).
28 Sec. 11. An applicant must have a vested legal interest in the
29 property address listed on the permit application.
30 Sec. 12. (a) As used in this section "immediate family member"
31 means a spouse, parent, child, sibling, father-in-law, or
32 mother-in-law.
33 (b) The commission may not issue a permit under this chapter
34 to an individual who is an immediate family member of a current
35 permittee.
36 Sec. 13. (a) On receipt of a completed permit application under
37 this article, the commission shall forward a copy of the application
38 to the state police department.
39 (b) The state police department shall perform a national
40 criminal history background check of the applicant and return the
41 application to the commission along with the results from the
42 national criminal history background check. The commission is
2022 IN 414—LS 6821/DI 106 26
1 responsible for the cost of the national criminal history
2 background check.
3 (c) The commission shall review the permit application after
4 receipt of the results from the state police department. The
5 commission shall grant or deny a completed application for a
6 permit within sixty (60) days after receipt of the application. If the
7 commission determines that:
8 (1) all the requirements under this article have been met; and
9 (2) the applicant has not been convicted within ten (10) years
10 before the date of application of:
11 (A) a federal crime having a sentence of more than one (1)
12 year;
13 (B) a Class A, Class B, or Class C felony (for a crime
14 committed before July 1, 2014) or a Level 1, Level 2, Level
15 3, Level 4, or Level 5 felony (for a crime committed after
16 June 30, 2014); or
17 (C) a crime in another state that is substantially similar to
18 a crime described in clause (B);
19 the commission shall approve the application for issuance of
20 the permit.
21 (d) The commission may deny a permit application if it finds
22 that the applicant has been adjudicated against in a civil
23 proceeding regarding the cannabis or hemp industry.
24 (e) If the completed application for a permit is denied, the
25 commission must state the reasons for the denial. If a completed
26 application is denied under this section, the applicant may reapply
27 within thirty (30) days after the date of the denial. There is no
28 application fee for a reapplication under this subsection.
29 (f) A permit issued under this article expires one (1) year after
30 the date on which the permit was issued, unless revoked.
31 Sec. 14. An applicant for a permit issued pursuant to this article
32 shall file with the commission a surety bond in the sum of fifteen
33 thousand dollars ($15,000).
34 Sec. 15. (a) The required surety bond of an applicant must be
35 approved by the commission. The bond must be made payable to
36 the state and may be forfeited if the applicant:
37 (1) violates a provision of this article or a rule of the
38 commission that relates to the permit; or
39 (2) fails to pay all taxes and fees imposed by this article on the
40 activities authorized under the permit.
41 (b) A permittee shall keep the bond in full force and effect
42 continuously in order to keep the permit in force.
2022 IN 414—LS 6821/DI 106 27
1 Sec. 16. (a) Except as provided in subsection (b), the commission
2 may recover not more than two hundred fifty dollars ($250) in any
3 one (1) action on a permittee's surety bond for the violation of a
4 rule of the commission. Except as provided in subsection (b), the
5 commission may recover not more than five hundred dollars ($500)
6 in any one (1) action on the surety bond for the violation of a
7 provision of this article. All violations committed before the
8 commission brings an action on the bond are considered one (1)
9 violation. Funds recovered on a bond shall be deposited in the
10 cannabis regulation fund established by IC 7.1-8-2-10.
11 (b) The state may recover the full amount of all taxes and fees
12 due and owed by the permittee under this article in a single action
13 on the bond. No person may bring an action on the bond except the
14 commission. Funds recovered under this section shall be deposited
15 in the state general fund.
16 Sec. 17. The commission shall ensure that a surety bond filed
17 under this article is securely stored. The commission may not
18 approve a surety bond unless the surety company is solvent and
19 qualified to do business in Indiana. The commission, before
20 approving a surety bond, shall require the commissioner of the
21 department of insurance to furnish to the commission copies of
22 reports of the surety company and other information concerning
23 the reserves and reliability of the company.
24 Sec. 18. Cash or bonds of the United States, or both, may be
25 tendered to the commission instead of a surety bond required by
26 the provisions of this article if it is tendered on the same terms and
27 conditions as a surety bond.
28 Sec. 19. A surety may not cancel or annul a surety bond filed in
29 accordance with the provisions of this article after it has been
30 approved by the commission. However, a surety, with the consent
31 of the commission, may cancel a bond and be released from
32 liability accruing after the effective date of the cancellation. The
33 commission may not approve a cancellation until the surety has
34 paid and discharged in full its liability to the state on the bond to
35 the date of the approval of the cancellation.
36 Sec. 20. (a) As used in this section, "credit card" means a:
37 (1) credit card;
38 (2) debit card;
39 (3) charge card; or
40 (4) stored value card.
41 (b) The commission shall accept a payment to the commission
42 for any purpose by any of the following financial instruments:
2022 IN 414—LS 6821/DI 106 28
1 (1) Cash.
2 (2) Certified check.
3 (3) Cashier's check.
4 (4) Check drawn on the bank deposit of a business.
5 (5) Valid postal money order of the United States.
6 (6) Bank draft.
7 (7) Money order.
8 (8) Bank card or credit card.
9 (9) Electronic funds transfer.
10 (10) Any other financial instrument authorized by the
11 commission.
12 (c) If there is a charge to the commission for the use of a
13 financial instrument, the commission may collect a sum equal to
14 the amount of the charge from the person who uses the financial
15 instrument.
16 (d) A procedure authorized for a particular type of payment
17 must be uniformly applied to all payments of the same type.
18 (e) The commission may contract with a bank card or credit
19 card vendor for acceptance of bank cards or credit cards.
20 However, if there is a vendor transaction charge or discount fee,
21 whether billed to the commission or charged directly to the
22 commission's account, the commission may collect from the person
23 using the card:
24 (1) an official fee that may not exceed the transaction charge
25 or discount fee charged to the commission by bank or credit
26 card vendors; or
27 (2) a reasonable convenience fee:
28 (A) that may not exceed three dollars ($3); and
29 (B) that must be uniform regardless of the bank card or
30 credit card used.
31 The fees described in subdivisions (1) and (2) may be collected
32 regardless of retail merchant agreements between the bank and
33 credit card vendors that may prohibit such fees. These fees are
34 permitted additional charges under IC 24-4.5-3-202.
35 (f) The commission may pay any applicable bank card or credit
36 card service charge associated with the use of a bank card or credit
37 card under this section.
38 Sec. 21. (a) Except as provided in subsection (d), if publication
39 of notice of application for a permit is required under this article,
40 the publication shall be made in one (1) newspaper of general
41 circulation published in the county where the permit is to be in
42 effect.
2022 IN 414—LS 6821/DI 106 29
1 (b) Publication required under subsection (a) may be made in
2 any newspaper of general circulation published one (1) or more
3 times each week.
4 (c) The rates to be paid for the advertising of a notice required
5 under this article shall be those required to be paid in case of other
6 notices published for or on behalf of the state.
7 (d) If:
8 (1) the commission is unable to procure advertising of a notice
9 as required under subsection (a) at the rates set forth in
10 IC 5-3-1; or
11 (2) the newspaper published in the county as described in
12 subsection (a) refuses to publish the notice;
13 the commission may, instead of publication in a newspaper as
14 required under subsection (a), post the notice on the commission's
15 Internet web site.
16 Sec. 22. Whenever the character of the business in which an
17 applicant is engaged is material to the applicant being issued a
18 permit under this article, or is material to the applicant being
19 qualified to continue to hold the permit, it must be made to appear
20 to the satisfaction of the commission that a substantial portion of
21 the business carried on, or to be carried on, in the premises in
22 respect to which a permit is applied for is in the nature of the
23 applicant's main business function in the premises.
24 Sec. 23. A person to whom a permit has been issued to carry on
25 any of the activities authorized by this article shall, before being
26 fully qualified to do business, post and display, and keep posted
27 and displayed, in the most conspicuous place in the person's
28 permitted premises the person's permit to do business.
29 Sec. 24. A permit issued under this article may not be
30 transferred:
31 (1) from the permit holder to another person; or
32 (2) from the location for which the permit was approved or
33 renewed to another location;
34 unless otherwise authorized in this article or approved by the
35 commission.
36 Sec. 25. (a) As used in this section "disqualifying event" means
37 an occurrence that would render the planned cannabis permittee
38 location illegal under this article.
39 (b) In the event a disqualifying event occurs while a permit
40 application is pending before the commission, the applicant may
41 transfer the permit location within six (6) months of the
42 disqualifying event.
2022 IN 414—LS 6821/DI 106 30
1 Sec. 26. If the information required for an initial or renewal
2 permit changes, the permit holder shall notify the commission
3 within ten (10) business days of the change. If any change in the
4 information required for an application results in a violation of this
5 article, the commission may impose a penalty as provided in this
6 article.
7 Sec. 27. (a) As used in this section, "integrated permittee"
8 means a person who simultaneously holds a:
9 (1) grower permit;
10 (2) processor permit; and
11 (3) retail permit.
12 (b) Except as provided in subsection (c), nothing in this article
13 prohibits a permittee from simultaneously holding a:
14 (1) grower permit;
15 (2) processor permit; and
16 (3) retail permit.
17 However, a person holding a transport permit may not hold any
18 other type of permit, and a person holding a testing permit may not
19 hold any other type of permit.
20 (c) No more than nine (9) permittees may hold a grower permit,
21 a processor permit, and at least one (1) retail permit at one (1)
22 time.
23 (d) An integrated permittee must demonstrate a substantial
24 historical business investment in Indiana, as determined by the
25 commission.
26 (e) An integrated permittee is subject to all the requirements of
27 the laws and regulations governing each permit.
28 (f) An integrated permittee may be subject to additional fees or
29 assessments, as determined by the commission.
30 Chapter 12. Grower Permits
31 Sec. 1. The growth of cannabis is authorized in Indiana. The
32 growing and handling of cannabis is subject to regulation by the
33 commission. The commission shall adopt rules under IC 4-22-2 to
34 oversee the permitting, production, and management of:
35 (1) cannabis; and
36 (2) cannabis seed.
37 Sec. 2. (a) Except as expressly provided in this article, a
38 cannabis grower may not grow or sell cannabis in Indiana without
39 a permit issued by the commission under this article.
40 (b) Except as otherwise provided in this article, cannabis
41 produced by a grower permittee under this article may be grown
42 and sold in Indiana.
2022 IN 414—LS 6821/DI 106 31
1 (c) Nothing in this chapter prohibits a grower permittee from
2 selling cannabis to another grower permittee in Indiana.
3 (d) Nothing in this chapter prohibits a grower permittee from
4 exporting cannabis outside Indiana as permitted by federal law.
5 Sec. 3. (a) A grower to whom a permit has been issued under
6 this chapter may deposit that permit with the commission for a
7 period of two (2) years if the permittee is unable to immediately
8 operate the business to which the permit applies.
9 (b) If a permittee is unable to use the permit issued under this
10 article within two (2) years, the permit is forfeited to the
11 commission.
12 Sec. 4. (a) As used in this section, "household" means a
13 residential dwelling that is the principal place of residence of a
14 person or a family unit whose members are related by birth,
15 marriage, or adoption and who share a common living
16 arrangement. It does not include any industrial, commercial, or
17 other nonresidential building.
18 (b) An individual may personally cultivate cannabis in Indiana
19 for personal use without a permit.
20 (c) A person may not personally cultivate more than four (4)
21 plants per household at one (1) time.
22 (d) All cannabis personally cultivated under this section must be
23 grown on real property owned by the person or on real property
24 for which the person has the property owner's written permission
25 to personally cultivate cannabis on the property.
26 (e) A person who personally cultivates cannabis may not use
27 extraction equipment or extraction processes if the equipment or
28 process uses butane, propane, carbon dioxide, or any potentially
29 hazardous material in a residential property.
30 Sec. 5. (a) For purposes of this section, "visible" means viewable
31 by a normal person with 20/20 eyesight without the use of any
32 device to assist in improving viewing distance or vantage point.
33 (b) All cannabis personally cultivated under this chapter must
34 be cultivated so that the cannabis is not accessible to a member of
35 the general public. No cannabis may be visible from any street
36 adjacent to the property.
37 (c) In consultation with the state police department, the
38 commission shall adopt rules under IC 4-22-2 governing the
39 security of a cannabis personal cultivation site.
40 (d) Cannabis plants personally cultivated in violation of this
41 section may be seized and destroyed.
42 Sec. 6. In addition to the other requirements of this article, an
2022 IN 414—LS 6821/DI 106 32
1 initial or renewal application for a grower permit must include the
2 following:
3 (1) The global positioning system coordinates and legal
4 description of the property used for the cannabis grow
5 operation.
6 (2) The planned size of the cannabis canopy.
7 (3) A site plan of the proposed grow facility.
8 (4) A nonrefundable application fee.
9 Sec. 7. (a) For a permittee who grows less than five thousand
10 (5,000) square feet of cannabis canopy, the commission shall
11 impose an annual fee of fifteen thousand dollars ($15,000).
12 (b) For a permittee who grows at least five thousand (5,000)
13 square feet of cannabis canopy, but less than fifteen thousand
14 (15,000) square feet of cannabis canopy, the commission shall
15 impose an annual fee of fifty thousand dollars ($50,000).
16 (c) For a permittee who grows at least fifteen thousand (15,000)
17 square feet of cannabis canopy, the commission shall impose an
18 annual fee of one hundred thousand dollars ($100,000).
19 (d) No more than four (4) grower permits may be issued under
20 subsection (c) at one (1) time.
21 (e) No permittee, or permittee who is directly or indirectly
22 controlled by another permittee, may possess more than one (1)
23 grower permit at one (1) time.
24 (f) The fees set forth in this section are due to the commission
25 within thirty (30) days of the date the initial or renewal grower
26 permit is issued, and shall be deposited in the cannabis regulation
27 fund established by IC 7.1-8-2-10.
28 Sec. 8. (a) A grower shall uniquely identify each immature plant
29 batch with a single permanent plant tag and record the
30 information in the statewide monitoring system established under
31 IC 7.1-8-17. Each immature plant batch must consist of no more
32 than one hundred (100) immature plants.
33 (b) A grower shall separate the plants as the plants go through
34 different growth stages and ensure that the plant tag is always
35 identified with the plant throughout the growth span so that all
36 plants can be easily identified and inspected. A grower shall ensure
37 that the identification information is recorded in the statewide
38 monitoring system.
39 (c) After a tagged plant is harvested, it is part of a harvest batch
40 so that a sample of the harvest batch can be tested in accordance
41 with this article. A grower shall quarantine a harvest batch from
42 other plants or batches that have test results pending. A harvest
2022 IN 414—LS 6821/DI 106 33
1 batch must be easily distinguishable from other harvest batches
2 until the batch is broken down into packages.
3 (d) After test results show a passed test and the harvest batch is
4 packaged, the grower shall destroy the individual plant tags. Each
5 package must have a permanent package tag attached. A grower
6 shall ensure this information is placed in the statewide monitoring
7 system in accordance with this article and rules adopted by the
8 commission.
9 Sec. 9. (a) In addition to any other liability or penalty provided
10 by law, the commission may revoke or refuse to issue or renew a
11 cannabis grower permit and may impose a civil penalty for a
12 violation of:
13 (1) a permit requirement;
14 (2) permit terms or conditions; or
15 (3) a rule relating to growing cannabis.
16 (b) The commission may not impose a civil penalty under this
17 section that exceeds two thousand five hundred dollars ($2,500).
18 (c) Any civil penalties collected under this section shall be
19 deposited in the cannabis regulation fund established by
20 IC 7.1-8-2-10.
21 Sec. 10. (a) Except as provided in subsection (b), the commission
22 shall give a person who negligently violates this chapter a
23 reasonable time, determined by the commission, to correct the
24 violation without imposing a penalty under this chapter. However,
25 the commission may require the person who committed the
26 violation to comply with a corrective action plan determined by the
27 commission and report to the commission on compliance with the
28 corrective action plan.
29 (b) A person who commits a negligent violation of this chapter
30 three (3) times in a five (5) year period shall immediately be
31 ineligible to hold or work under a cannabis permit for five (5)
32 years.
33 (c) If the commission believes that a person has knowingly or
34 intentionally violated this chapter, the commission shall notify:
35 (1) the superintendent of the state police department; and
36 (2) the prosecuting attorney of the county in which the
37 violation occurred;
38 of the violation.
39 (d) A person who commits a negligent violation under this
40 chapter is subject to a late fee as established by rule adopted by the
41 commission.
42 Sec. 11. The commission shall adopt rules under IC 4-22-2 to
2022 IN 414—LS 6821/DI 106 34
1 implement and administer this chapter.
2 Sec. 12. (a) The commission may keep the:
3 (1) names of growers who are permitted under this chapter;
4 and
5 (2) locations of permitted cannabis crops;
6 confidential for purposes of IC 5-14-3.
7 (b) The commission may share confidential information under
8 subsection (a) with the state police department and law
9 enforcement officers (as defined in IC 35-31.5-2-185).
10 Sec. 13. A person not permitted under this chapter who
11 knowingly or intentionally:
12 (1) grows or sells cannabis; or
13 (2) sells cannabis seed;
14 commits a Level 6 felony.
15 Chapter 13. Processor Permits
16 Sec. 1. The commission may issue a cannabis processor permit
17 to a person who desires to process cannabis or cannabis products.
18 Sec. 2. The holder of a processor permit may do the following:
19 (1) Process cannabis or cannabis products.
20 (2) Place cannabis or cannabis products in containers for
21 retail sale.
22 (3) Sell and deliver cannabis or cannabis products to a person
23 holding a cannabis retailer permit issued under this article.
24 Sec. 3. (a) A processor to whom a permit has been issued under
25 this chapter may deposit that permit with the commission for a
26 period of one (1) year if the permittee is unable to immediately
27 operate the business to which the permit applies.
28 (b) If a permittee is unable to use the permit issued under this
29 article within one (1) year, the permit is forfeited to the
30 commission.
31 Sec. 4. Cannabis must be transported and distributed by a
32 processor in packaging that contains the following information:
33 (1) A scannable bar code or QR code linked to a document
34 that contains the:
35 (A) batch identification number of the cannabis;
36 (B) product name;
37 (C) batch date;
38 (D) expiration date, which must be not more than two (2)
39 years from the date of manufacture;
40 (E) batch size;
41 (F) total quantity produced;
42 (G) ingredients used, including the:
2022 IN 414—LS 6821/DI 106 35
1 (i) ingredient name;
2 (ii) name of the company that manufactured the
3 ingredient;
4 (iii) company or product identification number or code,
5 if applicable; and
6 (iv) ingredient lot number; and
7 (H) results of the quality assurance test conducted under
8 IC 7.1-8-18.
9 (2) The batch number.
10 (3) The Internet address of a web site to obtain batch
11 information.
12 (4) The expiration date.
13 (5) The total number of milligrams of
14 delta-9-tetrahydrocannabinol (THC), including precursors.
15 (6) The grower.
16 Chapter 14. Transport Permits
17 Sec. 1. The commission may issue a cannabis transport permit
18 to a person who is a carrier upon a showing of the reliability and
19 responsibility of the carrier and the appropriateness of issuing the
20 permit.
21 Sec. 2. The transportation of cannabis and cannabis products
22 for sale in Indiana are subject to the rules of the commission.
23 Cannabis and cannabis products may be transported and delivered
24 only in containers that are lawful under this article and permissible
25 under the rules of the commission.
26 Sec. 3. A transport permit is required for the transportation of
27 cannabis or cannabis products on a public highway in Indiana.
28 Sec. 4. (a) A carrier must hold a transport permit before the
29 carrier may transport cannabis or cannabis products on a public
30 highway.
31 (b) A person who is a direct or beneficial owner of a grower,
32 processor, retail, or safety compliance facility permit issued under
33 this article may not hold a transport permit.
34 Sec. 5. (a) A carrier to whom a permit has been issued under
35 this chapter may deposit that permit with the commission for a
36 period of one (1) year if the permittee is unable to immediately
37 operate the business to which the permit applies.
38 (b) If a permittee is unable to use the permit issued under this
39 article within one (1) year, the permit is forfeited to the
40 commission.
41 Sec. 6. (a) A carrier may not transport cannabis on a vehicle
42 owned or operated by the carrier unless the carrier has filed a
2022 IN 414—LS 6821/DI 106 36
1 description of the vehicle with the commission.
2 (b) The description of a vehicle used to transport cannabis must
3 include:
4 (1) the engine number;
5 (2) the date of manufacture;
6 (3) the approximate weight;
7 (4) the vehicle identification number;
8 (5) the license plate number;
9 (6) the capacity; and
10 (7) any other information that the commission may require.
11 (c) The permittee may alter or add to the number of vehicles
12 included under the permit at any time.
13 Sec. 7. (a) A carrier must transmit a copy of its route plan and
14 manifest to the safety and compliance facility as required by
15 IC 7.1-8-18, and a copy of each must be carried in the transporting
16 vehicle and presented to a law enforcement officer or commission
17 enforcement officer upon request.
18 (b) The commission may inspect shipments of cannabis or
19 cannabis products in transit and the vehicle used in the
20 transportation.
21 Sec. 8. A transport permittee who knowingly or intentionally
22 transports cannabis in a vehicle for which the permittee has not
23 filed a description under this chapter commits a Class A
24 misdemeanor.
25 Chapter 15. Retailer Permits
26 Sec. 1. The commission may issue a cannabis retailer permit to
27 a person who desires to sell cannabis to customers for
28 consumption.
29 Sec. 2. (a) The commission may grant only one (1) cannabis
30 retailer permit per twenty-five thousand (25,000) persons
31 statewide.
32 (b) Only two hundred sixty-nine (269) active cannabis retailer
33 permits may be issued at any one (1) time.
34 (c) A county may not have more permits than its census
35 population divided by twenty-five thousand (25,000).
36 (d) No single cannabis retail permittee may own more than
37 twenty-five percent (25%) of available permits.
38 Sec. 3. (a) The holder of a cannabis retailer permit may
39 purchase cannabis only from a permittee permitted under this
40 article. A cannabis retailer may possess cannabis and sell it at
41 retail for consumption to a customer who is at least twenty-one (21)
42 years of age.
2022 IN 414—LS 6821/DI 106 37
1 (b) A cannabis retailer may sell cannabis or cannabis products
2 at wholesale.
3 (c) A cannabis retailer may sell and deliver cannabis for carry
4 out and for at home delivery.
5 Sec. 4. (a) A retailer to whom a permit has been issued under
6 this chapter may deposit the permit with the commission for a
7 period of one (1) year if the permittee is unable to immediately
8 operate the business to which the permit applies.
9 (b) If a permittee is unable to use the permit issued under this
10 article within one (1) year, the permit is forfeited to the
11 commission.
12 Sec. 5. (a) A cannabis retailer may not:
13 (1) operate within one thousand (1,000) feet of an elementary
14 or secondary school;
15 (2) allow a customer to sample or consume cannabis or a
16 cannabis product on the premises;
17 (3) permit a customer to purchase more than four (4) ounces
18 of cannabis or twenty-five (25) grams of cannabis concentrate
19 per day; or
20 (4) sell cannabis or a cannabis product in a unitary
21 transaction (as defined by IC 6-2.5-1-1) or bundled
22 transaction (as defined in IC 6-2.5-1-11.5).
23 (b) A person who knowingly or intentionally violates this section
24 commits a Level 6 felony.
25 Sec. 6. (a) All sales of cannabis and cannabis products must be
26 accompanied by an invoice showing the following:
27 (1) The name and address of the seller and the purchaser.
28 (2) The date of sale.
29 (3) The name of each brand sold.
30 (4) The number of packages, if any.
31 (5) The number of cases by size and type of container.
32 (6) The quantity of each kind of cannabis sold.
33 (b) The permittee must transmit an invoice to the commission
34 in accordance with rules adopted by the commission.
35 Sec. 7. Except as provided in IC 7.1-8-16, a unit may not
36 regulate cannabis.
37 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
38 Sec. 1. (a) Before July 1, 2023, the governing body of a county
39 may adopt a resolution to place a public question on the ballot to
40 prohibit cannabis retail licensure within the county. The governing
41 body shall determine whether to place the public question on the
42 primary election ballot, on the general election ballot, or on a
2022 IN 414—LS 6821/DI 106 38
1 special election ballot.
2 (b) As soon as practicable after adopting the resolution under
3 subsection (a), the governing body shall send a certified copy of the
4 resolution to the commission and the county circuit court clerk.
5 Sec. 2. A prohibition against cannabis retail licensure under this
6 chapter prevails if a majority of the individuals who vote on the
7 public question approves the prohibition.
8 Sec. 3. The public question to be submitted to the voters must
9 read as follows:
10 "Shall the county prohibit cannabis retail licensure for five (5)
11 years immediately following the holding of the referendum?
12 If this public question is approved by the voters, cannabis
13 retailers will be prohibited from licensing premises in the
14 county for five (5) years.".
15 Sec. 4. Each circuit court clerk shall, upon receiving the
16 question approved by the governing body of a county under this
17 chapter, call a meeting of the county election board to certify the
18 question and make arrangements for the referendum.
19 Sec. 5. (a) The referendum shall be held in the next primary
20 election or general election in which all the registered voters who
21 are residents of the county are entitled to vote after adoption of the
22 resolution under section 1 of this chapter. The certification of the
23 question must occur not later than noon:
24 (1) seventy-four (74) days before a primary election if the
25 question is to be placed on the primary election ballot; or
26 (2) August 1 if the question is to be placed on the general
27 election ballot.
28 (b) However, if a primary election or general election will not be
29 held during the first year in which the public question is eligible to
30 be placed on the ballot under this chapter, and if the county
31 requests the public question to be placed on the ballot at a special
32 election, the public question shall be placed on the ballot at a
33 special election to be held on the first Tuesday after the first
34 Monday in May or November of the year. The certification must
35 occur not later than noon:
36 (1) sixty (60) days before a special election to be held in May
37 (if the special election is to be held in May); or
38 (2) August 1 (if the special election is to be held in November).
39 (c) If the referendum is not conducted at a primary election or
40 general election, the county in which the special election is to be
41 held shall pay all the costs of holding the special election.
42 Sec. 6. Each county election board shall cause:
2022 IN 414—LS 6821/DI 106 39
1 (1) the question certified to the circuit court clerk by the
2 governing body of a county to be placed on the ballot in the
3 form prescribed by IC 3-10-9; and
4 (2) an adequate supply of ballots and voting equipment to be
5 delivered to the precinct election board of each precinct in
6 which the referendum is to be held.
7 Sec. 7. (a) Except as provided in subsection (b), every registered
8 voter who resides in the county may vote on the public question.
9 (b) An individual who changes residence from a location within
10 a county to a location outside of the county less than thirty (30)
11 days before an election under this chapter may not vote on the
12 public question.
13 Sec. 8. Each precinct election board shall count the affirmative
14 votes and the negative votes cast concerning the public question,
15 and shall certify those two (2) totals to the county election board of
16 the county. The circuit court clerk shall, immediately after the
17 votes have been counted, certify the results of the public question
18 to the commission and the county governing body.
19 Sec. 9. (a) Except as otherwise provided in this section, during
20 the period beginning with the adoption of a resolution by the
21 governing body of a county to place a public question on the ballot
22 and continuing through the day on which the public question is
23 submitted to the voters, the county governing body may not
24 promote a position on the referendum by doing any of the
25 following:
26 (1) Using facilities or equipment, including mail and
27 messaging systems, owned by the county to promote a position
28 on the public question, unless equal access to the facilities or
29 equipment is given to persons with a position opposite to that
30 of the county governing body.
31 (2) Making an expenditure of money from a fund controlled
32 by the county to promote a position on the public question.
33 (3) Using an employee to promote a position on the public
34 question during the employee's normal working hours or paid
35 overtime, or otherwise compelling an employee to promote a
36 position on the public question at any time. However, if a
37 person described in subsection (c) is advocating for or against
38 a position on the public question or discussing the public
39 question as authorized under subsection (c), an employee of
40 the county may assist the person in presenting information on
41 the public question, if requested to do so by the person
42 described in subsection (c).
2022 IN 414—LS 6821/DI 106 40
1 However, this section does not prohibit an official or employee of
2 the county from carrying out duties with respect to a public
3 question that are part of the normal and regular conduct of the
4 official's or employee's office or agency, including the furnishing
5 of factual information regarding the public question in response to
6 inquiries from any person.
7 (b) This subsection does not apply to:
8 (1) a personal expenditure to promote a position on a public
9 question by an employee of a county whose employment is
10 governed by a collective bargaining contract or an
11 employment contract; or
12 (2) an expenditure to promote a position on a local question
13 by a person or an organization that has a contract or an
14 arrangement (whether formal or informal) with the county
15 solely for the use of the county's facilities.
16 A person or an organization that has a contract or arrangement
17 (whether formal or informal) with a county to provide goods or
18 services to the county may not spend any money to promote a
19 position on the public question. A violation of this subsection is a
20 Class A infraction.
21 (c) Notwithstanding any other law, an elected or appointed
22 member of the county governing body may at any time:
23 (1) personally advocate for or against a position on a public
24 question; or
25 (2) discuss the public question with any individual, group, or
26 organization or personally advocate for or against a position
27 on a public question before any individual, group, or
28 organization;
29 so long as it is not done by using public funds. Advocacy or
30 discussion allowed under this subsection is not considered a use of
31 public funds.
32 Chapter 17. Statewide Monitoring System
33 Sec. 1. The commission shall establish a statewide monitoring
34 system for use as an integrated cannabis tracking, inventory, and
35 verification system. The system must allow for interface with third
36 party inventory and tracking systems to provide for access by the
37 state, permittees, and law enforcement personnel, to the extent that
38 they need and are authorized to receive or submit the information,
39 to comply with, enforce, or administer this article.
40 Sec. 2. At a minimum, the system must be capable of storing and
41 providing access to information that, in conjunction with one (1) or
42 more third party inventory control and tracking systems, allows
2022 IN 414—LS 6821/DI 106 41
1 the following:
2 (1) Retention of a record of the date, time, quantity, and price
3 of each sale or transfer of cannabis or cannabis products.
4 (2) Determination of whether a particular sale or transfer
5 transaction will exceed the permissible limit established under
6 this article.
7 (3) Effective monitoring of cannabis seed to sale transfers.
8 (4) Receipt and integration of information from third party
9 inventory control and tracking systems.
10 Sec. 3. The commission shall seek bids to establish, operate, and
11 maintain the statewide monitoring system under this section. The
12 commission shall do the following:
13 (1) Evaluate bidders based on the cost of the service and the
14 ability to meet all requirements of this article.
15 (2) Give strong consideration to the bidder's ability to prevent
16 fraud, abuse, and other unlawful or prohibited activities
17 associated with the commercial trade in cannabis, and the
18 ability to provide additional tools for the administration and
19 enforcement of this article.
20 (3) Institute procedures to ensure that the contract awardee
21 does not disclose or use the information in the system for any
22 use or purpose except for the enforcement, oversight, and
23 implementation of this article.
24 (4) Require the contract awardee to deliver the functioning
25 system within one hundred twenty (120) days after award of
26 the contract.
27 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
28 implement this chapter.
29 Chapter 18. Safety Compliance Facility Permit
30 Sec. 1. The commission may issue a cannabis safety compliance
31 facility permit to a person who desires to test cannabis and
32 cannabis products for transfer, sale, and consumption in Indiana.
33 Sec. 2. A person who is a direct or beneficial owner of a grower,
34 processor, transport, or retailer permit may not be the direct or
35 beneficial owner of a safety compliance facility or hold a safety
36 compliance facility permit.
37 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
38 establish a proficiency testing program and designate safety
39 compliance facility participation, that, at a minimum, comply with
40 reasonable and customary industry standards.
41 Sec. 4. (a) A safety compliance facility to which a permit has
42 been issued under this chapter may deposit that permit with the
2022 IN 414—LS 6821/DI 106 42
1 commission for a period of one (1) year if the permittee is unable
2 to immediately operate the facility.
3 (b) If a permittee is unable to use the permit issued under this
4 article within one (1) year, the permit is forfeited to the
5 commission.
6 Sec. 5. (a) A safety compliance facility must test samples as
7 provided in this chapter and pursuant to rules adopted by the
8 commission.
9 (b) A safety compliance facility shall collect samples of cannabis
10 and cannabis products from another cannabis permittee. Every
11 cannabis permittee shall permit and assist the safety compliance
12 facility in the collection of samples for testing.
13 (c) The safety compliance facility shall take a physical sample of
14 the cannabis product from another cannabis permittee to be tested
15 at the safety compliance facility.
16 (d) The safety compliance facility must develop a statistically
17 valid sampling method to collect a representative sample from each
18 batch of marijuana product.
19 Sec. 6. (a) A safety compliance facility must comply with all the
20 following:
21 (1) The safety compliance facility shall ensure that samples of
22 the cannabis product are identified in the statewide
23 monitoring system and placed in secured, sealed containers
24 that bear the labeling required under the rules.
25 (2) A carrier's route plan and manifest that have been
26 transmitted to the facility must be entered into the statewide
27 monitoring system.
28 (3) The cannabis or cannabis product must be transported in
29 one (1) or more sealed containers and not be accessible while
30 in transit.
31 (4) The vehicle a safety compliance facility uses to transport
32 samples of cannabis or cannabis products may not bear
33 markings or other indication that it is carrying cannabis or a
34 cannabis product.
35 (b) Except as otherwise required by the commission, the safety
36 compliance facility shall collect a sample size that is:
37 (1) sufficient to complete all required analyses; and
38 (2) not less than one-half percent (0.5%) of the weight of the
39 harvest batch.
40 (c) At least fifty percent (50%) of the sample taken must be
41 homogenized for testing.
42 (d) The safety compliance facility shall report all testing results
2022 IN 414—LS 6821/DI 106 43
1 to the commission on a quarterly basis, including the rate of
2 failure.
3 Sec. 7. A safety compliance facility must do all of the following:
4 (1) Become fully accredited to the International Organization
5 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
6 ILAC recognized accreditation body or by an entity approved
7 by the commission within one (1) year after the date the
8 permit is issued, and agree to have the inspections and reports
9 of the ISO made available to the commission.
10 (2) Maintain internal standard operating procedures.
11 (3) Maintain a quality control and quality assurance program.
12 Sec. 8. The commission may publish sample sizes for other
13 cannabis products being tested.
14 Sec. 9. A cannabis permittee must allow the safety compliance
15 facility to have access to its entire batch for the purposes of
16 sampling.
17 Sec. 10. (a) An employee of the cannabis permittee from which
18 the cannabis product test samples are being taken shall be
19 physically present to observe the safety compliance facility
20 employee collect the samples of cannabis or cannabis product for
21 testing. The employee shall ensure that the correct sample
22 increments are taken from throughout the batch.
23 (b) An employee of a cannabis permittee may not:
24 (1) be directly involved in the testing performed by the safety
25 compliance facility employee; or
26 (2) touch the cannabis or cannabis product or the sampling
27 equipment while the safety compliance facility employee is
28 obtaining the sample.
29 Sec. 11. (a) After samples have been selected, both the employee
30 of the cannabis permittee and the employee of the safety
31 compliance facility shall sign and date a chain of custody form,
32 attesting to the accuracy of the following sample information:
33 (1) The name of the cannabis product.
34 (2) The weight of cannabis or cannabis product.
35 (3) That all cannabis and cannabis products and samples are
36 correctly identified in the statewide monitoring system.
37 (4) If the product test sample is obtained for a retest, the
38 safety compliance facility confirms that it is not accepting a
39 product test sample that is prohibited from being retested.
40 (b) The cannabis permittee shall enter in the statewide
41 monitoring system the cannabis or cannabis product test sample
42 that is collected by a permitted safety compliance facility, including
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1 the date and time the cannabis or cannabis product is collected and
2 transferred. The safety compliance facility shall enter into the
3 statewide monitoring system the test results within three (3)
4 business days of test completion.
5 (c) If a testing sample is collected from a cannabis permittee for
6 testing in the statewide monitoring system, that cannabis permittee
7 shall quarantine the cannabis product that is undergoing the
8 testing from any other cannabis products at the cannabis permittee
9 location. The quarantined cannabis product must not be packaged,
10 transferred, or sold until passing test results are entered into the
11 statewide monitoring system.
12 (d) A safety compliance facility may collect additional sample
13 material from the same permittee from which the original sample
14 was collected for the purposes of completing the required safety
15 tests as long as the requirements of this chapter are met.
16 (e) The commission may publish guidance that shall be followed
17 by cannabis permittees for chain of custody documentation.
18 Sec. 12. A safety compliance facility shall use analytical testing
19 methodologies for the required quality assurance tests under this
20 chapter that are validated. The tests may be monitored on an
21 ongoing basis by the commission. The facility's methodology must
22 follow one (1) of the following:
23 (1) The most current version of the Cannabis Inflorescence:
24 Standards of Identity, Analysis, and Quality Control
25 monograph published by the American Herbal
26 Pharmacopoeia.
27 (2) An alternative testing methodology approved by the
28 commission and validated by an independent third party that
29 the methodology followed by the safety compliance facility
30 produces scientifically accurate results as quality assurance
31 for each test it conducts.
32 Sec. 13. A safety compliance facility shall conduct quality
33 assurance tests that test for all of the following:
34 (1) Moisture content.
35 (2) Potency analysis.
36 (3) Tetrahydrocannabinol level.
37 (4) Tetrahydrocannabinol acid level.
38 (5) Cannabidiol and cannabidiol acid levels.
39 (6) Foreign matter inspection.
40 (7) Microbial and mycotoxin screening.
41 (8) Pesticides.
42 (9) Chemical residue.
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1 (10) Fungicides.
2 (11) Insecticides.
3 (12) Metals screening.
4 (13) Residual solvents levels.
5 (14) Terpene analysis.
6 (15) Water activity content.
7 Sec. 14. The commission, in consultation with the state seed
8 commissioner and the department of agriculture, shall publish a
9 list of approved pesticides for use in the growing and production of
10 cannabis and cannabis products to be sold or transferred in
11 Indiana.
12 Sec. 15. The commission shall take immediate disciplinary
13 action against any safety compliance facility that fails to comply
14 with the provisions of this article or falsifies records related to this
15 article, including any sanctions or fines, or both.
16 Sec. 16. A safety compliance facility is prohibited from doing
17 any of the following:
18 (1) Desiccating samples.
19 (2) Dry labeling samples.
20 (3) Pretesting samples.
21 Sec. 17. A safety compliance facility shall comply with random
22 quality assurance compliance checks upon the request of the
23 commission. The commission or its authorized agents may collect
24 a random sample of cannabis or cannabis product from a safety
25 compliance facility or designate another safety compliance facility
26 to collect a random sample of cannabis product in a secure manner
27 to test that sample for quality assurance compliance pursuant to
28 this rule.
29 Sec. 18. (a) A safety compliance facility may retest cannabis or
30 cannabis products that have failed initial safety testing, except as
31 indicated under subsection (c).
32 (b) A failed cannabis product must pass two (2) separate retests
33 with new samples consecutively to be eligible to proceed to sale or
34 transfer.
35 (c) The commission may publish a remediation protocol that
36 addresses, among other things, the sale or transfer of cannabis
37 product after a failed safety test.
38 (d) The cannabis permittee that provided the sample is
39 responsible for all costs involved in a retest.
40 Sec. 19. (a) As used in this section, "research and development
41 testing" means optional testing performed before final compliance
42 testing.
2022 IN 414—LS 6821/DI 106 46
1 (b) The commission may not take punitive action against a
2 cannabis permittee for conducting research and development
3 testing.
4 (c) The commission may adopt rules or publish guidance for
5 research and development testing.
6 (d) A permittee conducting research and development testing
7 must enter the testing and any other information required by the
8 commission into the statewide monitoring system.
9 Chapter 19. Violations
10 Sec. 1. If a permit holder violates this article, the permit holder
11 may be publicly reprimanded, assessed a civil penalty, or have the
12 permit revoked or suspended.
13 Sec. 2. (a) The commission may assess a civil penalty for a
14 violation of this article in an amount that does not exceed fifty
15 thousand dollars ($50,000). A civil penalty may be assessed in
16 addition to other penalties allowed under this article.
17 (b) A civil penalty assessed under this section shall be deposited
18 in the cannabis regulation fund established by IC 7.1-8-2-10.
19 Sec. 3. A person who recklessly, knowingly, or intentionally
20 provides cannabis or cannabis products to a person less than
21 twenty-one (21) years of age commits a Class B misdemeanor.
22 However, the offense is:
23 (1) a Class A misdemeanor if the person has a prior unrelated
24 conviction under this section; and
25 (2) a Level 6 felony if the use of the cannabis or cannabis
26 products is the proximate cause of the serious bodily injury or
27 death of any person.
28 Sec. 4. (a) A person who knowingly or intentionally:
29 (1) rents property; or
30 (2) provides or arranges for the use of property;
31 for the purpose of allowing or enabling a person less than
32 twenty-one (21) years of age to use cannabis or cannabis products
33 on the property commits a Class C infraction. However, the
34 violation is a Class B misdemeanor if the person has a prior
35 unrelated adjudication or conviction for a violation of this section
36 within the previous five (5) years.
37 (b) This section may not be construed to impose civil or criminal
38 liability upon any postsecondary educational institution, including
39 public and private universities and colleges, business schools,
40 vocational schools, and schools for continuing education, or its
41 agents for injury to any person or property sustained in
42 consequence of a violation of this section unless the institution or
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1 its agent:
2 (1) sells, barters, exchanges, provides, or furnishes cannabis
3 or cannabis products to a minor; or
4 (2) either:
5 (A) rents property; or
6 (B) provides or arranges for the use of property;
7 for the purpose of allowing or enabling a person less than
8 twenty-one (21) years of age to consume cannabis or cannabis
9 products on the property.
10 Sec. 5. (a) It is a Class C infraction for a person less than
11 twenty-one (21) years of age to enter the premises of a cannabis
12 retailer or other location where cannabis or cannabis products are
13 provided.
14 (b) It is a Class C infraction for a parent, guardian, trustee, or
15 other person having custody of a child less than eighteen (18) years
16 of age to take that child into a cannabis retailer or other location
17 where cannabis or cannabis products are provided.
18 (c) It is a Class C infraction for a permittee to permit the parent,
19 guardian, trustee, or other person having custody of a child less
20 than eighteen (18) years of age to be with the child in a cannabis
21 retailer or other location where cannabis or cannabis products are
22 provided.
23 Sec. 6. A person who knowingly or intentionally employs a
24 person less than twenty-one (21) years of age:
25 (1) where cannabis or cannabis products are provided; and
26 (2) in a capacity which requires or allows the person less than
27 twenty-one (21) years of age to provide or otherwise deal in
28 cannabis or cannabis products;
29 commits a Class B misdemeanor.
30 Sec. 7. A person who is at least twenty-one (21) years of age who
31 knowingly or intentionally aids, induces, or causes a person less
32 than twenty-one (21) years of age to unlawfully possess cannabis or
33 cannabis products commits a Class C infraction.
34 Sec. 8. (a) Notwithstanding any other law, an enforcement
35 officer with police powers may engage a person who is:
36 (1) at least eighteen (18) years of age; and
37 (2) less than twenty-one (21) years of age;
38 to receive or purchase cannabis or cannabis products as part of an
39 enforcement action under this article.
40 (b) The initial or contemporaneous receipt or purchase of
41 cannabis or cannabis products under this section by a person
42 described in subsection (a) must:
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1 (1) occur under the direction of an enforcement officer vested
2 with full police powers and duties; and
3 (2) be a part of the enforcement action.
4 Chapter 20. Persons Licensed Under IC 25
5 Sec. 1. A person licensed under IC 25 does not commit a crime
6 or an infraction under Indiana law solely for providing
7 professional services to persons permitted to engage in an activity
8 authorized by this article.
9 SECTION 5. IC 10-10.5-1-3, AS ADDED BY P.L.113-2020,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 3. "Law enforcement officer" means any of the
12 following:
13 (1) A state police officer, enforcement officer of the alcohol and
14 tobacco commission, enforcement officer of the cannabis
15 commission, or conservation officer.
16 (2) A county, city, or town police officer.
17 (3) A police officer appointed by a state educational institution
18 under IC 21-39-4 or school corporation under IC 20-26-16.
19 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
20 under IC 4-33-20.
21 SECTION 6. IC 10-13-8-5, AS ADDED BY P.L.38-2013,
22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 5. As used in this chapter, "law enforcement
24 officer" means any of the following:
25 (1) A state police officer.
26 (2) A county sheriff.
27 (3) A county police officer.
28 (4) A correctional officer.
29 (5) An excise police officer, including an enforcement officer
30 of the cannabis commission.
31 (6) A county police reserve officer.
32 (7) A city police officer.
33 (8) A city police reserve officer.
34 (9) A conservation enforcement officer.
35 (10) A town marshal.
36 (11) A deputy town marshal.
37 (12) A probation officer.
38 (13) A state educational institution police officer appointed under
39 IC 21-39-4.
40 (14) A gaming agent of the Indiana gaming commission.
41 (15) A person employed by a political subdivision (as defined in
42 IC 36-1-2-13) and appointed as a special deputy under
2022 IN 414—LS 6821/DI 106 49
1 IC 36-8-10-10.6.
2 (16) A school corporation police officer appointed under
3 IC 20-26-16.
4 (17) A police officer of a public or private postsecondary
5 educational institution whose board of trustees has established a
6 police department under IC 21-17-5-2 or IC 21-39-4-2.
7 SECTION 7. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 3. As used in this chapter, "drug dealing offense"
10 means one (1) or more of the following offenses:
11 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
12 the person received only minimal consideration as a result of the
13 drug transaction.
14 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
15 person received only minimal consideration as a result of the drug
16 transaction.
17 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
18 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
19 only minimal consideration as a result of the drug transaction.
20 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
21 cannabinoid or possession of mislabeled low THC hemp
22 extract (IC 35-48-4-10) unless the person received only minimal
23 consideration as a result of the drug transaction.
24 SECTION 8. IC 16-31-3-14, AS AMENDED BY P.L.142-2020,
25 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 14. (a) A person holding a certificate or license
27 issued under this article must comply with the applicable standards and
28 rules established under this article. A certificate holder or license
29 holder is subject to disciplinary sanctions under subsection (b) if the
30 department of homeland security determines that the certificate holder
31 or license holder:
32 (1) engaged in or knowingly cooperated in fraud or material
33 deception in order to obtain a certificate or license, including
34 cheating on a certification or licensure examination;
35 (2) engaged in fraud or material deception in the course of
36 professional services or activities;
37 (3) advertised services or goods in a false or misleading manner;
38 (4) falsified or knowingly allowed another person to falsify
39 attendance records or certificates of completion of continuing
40 education courses required under this article or rules adopted
41 under this article;
42 (5) is convicted of a crime, if the act that resulted in the
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1 conviction has a direct bearing on determining if the certificate
2 holder or license holder should be entrusted to provide emergency
3 medical services;
4 (6) is convicted of violating IC 9-19-14.5;
5 (7) fails to comply and maintain compliance with or violates any
6 applicable provision, standard, or other requirement of this article
7 or rules adopted under this article;
8 (8) continues to practice if the certificate holder or license holder
9 becomes unfit to practice due to:
10 (A) professional incompetence that includes the undertaking
11 of professional activities that the certificate holder or license
12 holder is not qualified by training or experience to undertake;
13 (B) failure to keep abreast of current professional theory or
14 practice;
15 (C) physical or mental disability; or
16 (D) addiction to, abuse of, or dependency on alcohol or other
17 drugs that endanger the public by impairing the certificate
18 holder's or license holder's ability to practice safely;
19 (9) engages in a course of lewd or immoral conduct in connection
20 with the delivery of services to the public;
21 (10) allows the certificate holder's or license holder's name or a
22 certificate or license issued under this article to be used in
23 connection with a person who renders services beyond the scope
24 of that person's training, experience, or competence;
25 (11) is subjected to disciplinary action in another state or
26 jurisdiction on grounds similar to those contained in this chapter.
27 For purposes of this subdivision, a certified copy of a record of
28 disciplinary action constitutes prima facie evidence of a
29 disciplinary action in another jurisdiction;
30 (12) assists another person in committing an act that would
31 constitute a ground for disciplinary sanction under this chapter;
32 or
33 (13) allows a certificate or license issued by the commission to
34 be:
35 (A) used by another person; or
36 (B) displayed to the public when the certificate or license is
37 expired, inactive, invalid, revoked, or suspended.
38 (b) The department of homeland security may issue an order under
39 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
40 the department of homeland security determines that a certificate
41 holder or license holder is subject to disciplinary sanctions under
42 subsection (a):
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1 (1) Revocation of a certificate holder's certificate or license
2 holder's license for a period not to exceed seven (7) years.
3 (2) Suspension of a certificate holder's certificate or license
4 holder's license for a period not to exceed seven (7) years.
5 (3) Censure of a certificate holder or license holder.
6 (4) Issuance of a letter of reprimand.
7 (5) Assessment of a civil penalty against the certificate holder or
8 license holder in accordance with the following:
9 (A) The civil penalty may not exceed five hundred dollars
10 ($500) per day per violation.
11 (B) If the certificate holder or license holder fails to pay the
12 civil penalty within the time specified by the department of
13 homeland security, the department of homeland security may
14 suspend the certificate holder's certificate or license holder's
15 license without additional proceedings.
16 (6) Placement of a certificate holder or license holder on
17 probation status and requirement of the certificate holder or
18 license holder to:
19 (A) report regularly to the department of homeland security
20 upon the matters that are the basis of probation;
21 (B) limit practice to those areas prescribed by the department
22 of homeland security;
23 (C) continue or renew professional education approved by the
24 department of homeland security until a satisfactory degree of
25 skill has been attained in those areas that are the basis of the
26 probation; or
27 (D) perform or refrain from performing any acts, including
28 community restitution or service without compensation, that
29 the department of homeland security considers appropriate to
30 the public interest or to the rehabilitation or treatment of the
31 certificate holder or license holder.
32 The department of homeland security may withdraw or modify
33 this probation if the department of homeland security finds after
34 a hearing that the deficiency that required disciplinary action is
35 remedied or that changed circumstances warrant a modification
36 of the order.
37 (c) If an applicant or a certificate holder or license holder has
38 engaged in or knowingly cooperated in fraud or material deception to
39 obtain a certificate or license, including cheating on the certification or
40 licensure examination, the department of homeland security may
41 rescind the certificate or license if it has been granted, void the
42 examination or other fraudulent or deceptive material, and prohibit the
2022 IN 414—LS 6821/DI 106 52
1 applicant from reapplying for the certificate or license for a length of
2 time established by the department of homeland security.
3 (d) The department of homeland security may deny certification or
4 licensure to an applicant who would be subject to disciplinary sanctions
5 under subsection (b) if that person were a certificate holder or license
6 holder, has had disciplinary action taken against the applicant or the
7 applicant's certificate or license to practice in another state or
8 jurisdiction, or has practiced without a certificate or license in violation
9 of the law. A certified copy of the record of disciplinary action is
10 conclusive evidence of the other jurisdiction's disciplinary action.
11 (e) The department of homeland security may order a certificate
12 holder or license holder to submit to a reasonable physical or mental
13 examination if the certificate holder's or license holder's physical or
14 mental capacity to practice safely and competently is at issue in a
15 disciplinary proceeding. Failure to comply with a department of
16 homeland security order to submit to a physical or mental examination
17 makes a certificate holder or license holder liable to temporary
18 suspension under subsection (i).
19 (f) Except as provided under subsection (a), subsection (g), and
20 section 14.5 of this chapter, a certificate or license may not be denied,
21 revoked, or suspended because the applicant, certificate holder, or
22 license holder has been convicted of an offense. The acts from which
23 the applicant's, certificate holder's, or license holder's conviction
24 resulted may be considered as to whether the applicant or certificate
25 holder or license holder should be entrusted to serve the public in a
26 specific capacity.
27 (g) The department of homeland security may deny, suspend, or
28 revoke a certificate or license issued under this article if the individual
29 who holds or is applying for the certificate or license is convicted of
30 any of the following:
31 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
32 (2) Possession of methamphetamine under IC 35-48-4-6.1.
33 (3) Possession of a controlled substance under IC 35-48-4-7(a).
34 (4) Fraudulently obtaining a controlled substance under
35 IC 35-48-4-7(c).
36 (5) Manufacture of paraphernalia as a Class D felony (for a crime
37 committed before July 1, 2014) or Level 6 felony (for a crime
38 committed after June 30, 2014) under IC 35-48-4-8.1(b).
39 (6) Dealing in paraphernalia as a Class D felony (for a crime
40 committed before July 1, 2014) or Level 6 felony (for a crime
41 committed after June 30, 2014) under IC 35-48-4-8.5(b).
42 (7) Possession of paraphernalia as a Class D felony (for a crime
2022 IN 414—LS 6821/DI 106 53
1 committed before July 1, 2014) or Level 6 felony (for a crime
2 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
3 its amendment on July 1, 2015).
4 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
5 D felony (for a crime committed before July 1, 2014) or Level 6
6 felony (for a crime committed after June 30, 2014) under
7 IC 35-48-4-11.
8 (9) A felony offense under IC 35-48-4 involving:
9 (A) possession of a synthetic drug (as defined in
10 IC 35-31.5-2-321);
11 (B) possession of a synthetic drug lookalike substance (as
12 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
13 2019)) as a:
14 (i) Class D felony (for a crime committed before July 1,
15 2014); or
16 (ii) Level 6 felony (for a crime committed after June 30,
17 2014);
18 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
19 (C) possession of a controlled substance analog (as defined in
20 IC 35-48-1-9.3).
21 (10) Maintaining a common nuisance under IC 35-48-4-13
22 (repealed) or IC 35-45-1-5, if the common nuisance involves a
23 controlled substance.
24 (11) An offense relating to registration, labeling, and prescription
25 forms under IC 35-48-4-14.
26 (h) A decision of the department of homeland security under
27 subsections (b) through (g) may be appealed to the commission under
28 IC 4-21.5-3-7.
29 (i) The department of homeland security may temporarily suspend
30 a certificate holder's certificate or license holder's license under
31 IC 4-21.5-4 before a final adjudication or during the appeals process if
32 the department of homeland security finds that a certificate holder or
33 license holder would represent a clear and immediate danger to the
34 public's health, safety, or property if the certificate holder or license
35 holder were allowed to continue to practice.
36 (j) On receipt of a complaint or information alleging that a person
37 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
38 or is engaging in a practice that is subject to disciplinary sanctions
39 under this chapter, the department of homeland security must initiate
40 an investigation against the person.
41 (k) The department of homeland security shall conduct a factfinding
42 investigation as the department of homeland security considers proper
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1 in relation to the complaint.
2 (l) The department of homeland security may reinstate a certificate
3 or license that has been suspended under this section if the department
4 of homeland security is satisfied that the applicant is able to practice
5 with reasonable skill, competency, and safety to the public. As a
6 condition of reinstatement, the department of homeland security may
7 impose disciplinary or corrective measures authorized under this
8 chapter.
9 (m) The department of homeland security may not reinstate a
10 certificate or license that has been revoked under this chapter.
11 (n) The department of homeland security must be consistent in the
12 application of sanctions authorized in this chapter. Significant
13 departures from prior decisions involving similar conduct must be
14 explained in the department of homeland security's findings or orders.
15 (o) A certificate holder may not surrender the certificate holder's
16 certificate, and a license holder may not surrender the license holder's
17 license, without the written approval of the department of homeland
18 security, and the department of homeland security may impose any
19 conditions appropriate to the surrender or reinstatement of a
20 surrendered certificate or license.
21 (p) For purposes of this section, "certificate holder" means a person
22 who holds:
23 (1) an unlimited certificate;
24 (2) a limited or probationary certificate; or
25 (3) an inactive certificate.
26 (q) For purposes of this section, "license holder" means a person
27 who holds:
28 (1) an unlimited license;
29 (2) a limited or probationary license; or
30 (3) an inactive license.
31 SECTION 9. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
32 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 14.5. The department of homeland security may
34 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
35 certification or licensure or permanently revoke a certificate or license
36 under procedures provided by section 14 of this chapter if the
37 individual who holds the certificate or license issued under this title is
38 convicted of any of the following:
39 (1) Dealing in a controlled substance resulting in death under
40 IC 35-42-1-1.5.
41 (2) Dealing in or manufacturing cocaine or a narcotic drug under
42 IC 35-48-4-1.
2022 IN 414—LS 6821/DI 106 55
1 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
3 (5) Dealing in a schedule I, II, or III controlled substance under
4 IC 35-48-4-2.
5 (6) Dealing in a schedule IV controlled substance under
6 IC 35-48-4-3.
7 (7) Dealing in a schedule V controlled substance under
8 IC 35-48-4-4.
9 (8) Dealing in a substance represented to be a controlled
10 substance under IC 35-48-4-4.5 (repealed).
11 (9) Knowingly or intentionally manufacturing, advertising,
12 distributing, or possessing with intent to manufacture, advertise,
13 or distribute a substance represented to be a controlled substance
14 under IC 35-48-4-4.6.
15 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
16 (11) Dealing in marijuana, hash oil, hashish, or salvia or
17 mislabeled low THC hemp extract as a felony under
18 IC 35-48-4-10.
19 (12) An offense under IC 35-48-4 involving the manufacture or
20 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
21 synthetic drug lookalike substance (as defined in
22 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
23 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
24 substance analog (as defined in IC 35-48-1-9.3), or a substance
25 represented to be a controlled substance (as described in
26 IC 35-48-4-4.6).
27 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
28 SECTION 10. IC 16-42-27-2, AS AMENDED BY P.L.80-2019,
29 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 2. (a) A prescriber may, directly or by standing
31 order, prescribe or dispense an overdose intervention drug without
32 examining the individual to whom it may be administered if all of the
33 following conditions are met:
34 (1) The overdose intervention drug is dispensed or prescribed to:
35 (A) a person at risk of experiencing an opioid-related
36 overdose; or
37 (B) a family member, a friend, or any other individual or entity
38 in a position to assist an individual who, there is reason to
39 believe, is at risk of experiencing an opioid-related overdose.
40 (2) The prescriber instructs the individual receiving the overdose
41 intervention drug or prescription to summon emergency services
42 either immediately before or immediately after administering the
2022 IN 414—LS 6821/DI 106 56
1 overdose intervention drug to an individual experiencing an
2 opioid-related overdose.
3 (3) The prescriber provides education and training on drug
4 overdose response and treatment, including the administration of
5 an overdose intervention drug.
6 (4) The prescriber provides drug addiction treatment information
7 and referrals to drug treatment programs, including programs in
8 the local area and programs that offer medication assisted
9 treatment that includes a federal Food and Drug Administration
10 approved long acting, nonaddictive medication for the treatment
11 of opioid or alcohol dependence.
12 (b) A prescriber may provide a prescription of an overdose
13 intervention drug to an individual as a part of the individual's addiction
14 treatment plan.
15 (c) An individual described in subsection (a)(1) may administer an
16 overdose intervention drug to an individual who is suffering from an
17 overdose.
18 (d) An individual described in subsection (a)(1) may not be
19 considered to be practicing medicine without a license in violation of
20 IC 25-22.5-8-2, if the individual, acting in good faith, does the
21 following:
22 (1) Obtains the overdose intervention drug from a prescriber or
23 entity acting under a standing order issued by a prescriber.
24 (2) Administers the overdose intervention drug to an individual
25 who is experiencing an apparent opioid-related overdose.
26 (3) Attempts to summon emergency services either immediately
27 before or immediately after administering the overdose
28 intervention drug.
29 (e) An entity acting under a standing order issued by a prescriber
30 must do the following:
31 (1) Annually register with either the:
32 (A) state department; or
33 (B) local health department in the county where services will
34 be provided by the entity;
35 in a manner prescribed by the state department.
36 (2) Provide education and training on drug overdose response and
37 treatment, including the administration of an overdose
38 intervention drug.
39 (3) Provide drug addiction treatment information and referrals to
40 drug treatment programs, including programs in the local area and
41 programs that offer medication assisted treatment that includes a
42 federal Food and Drug Administration approved long acting,
2022 IN 414—LS 6821/DI 106 57
1 nonaddictive medication for the treatment of opioid or alcohol
2 dependence.
3 (4) Submit an annual report to the state department containing:
4 (A) the number of sales of the overdose intervention drug
5 dispensed;
6 (B) the dates of sale of the overdose intervention drug
7 dispensed; and
8 (C) any additional information requested by the state
9 department.
10 (f) The state department shall ensure that a statewide standing order
11 for the dispensing of an overdose intervention drug in Indiana is issued
12 under this section. The state health commissioner or a designated
13 public health authority who is a licensed prescriber may, as part of the
14 individual's official capacity, issue a statewide standing order that may
15 be used for the dispensing of an overdose intervention drug under this
16 section. The immunity provided in IC 34-13-3-3 applies to an
17 individual described in this subsection.
18 (g) A law enforcement officer may not take an individual into
19 custody based solely on the commission of an offense described in
20 subsection (h), if the law enforcement officer, after making a
21 reasonable determination and considering the facts and surrounding
22 circumstances, reasonably believes that the individual:
23 (1) obtained the overdose intervention drug as described in
24 subsection (a)(1);
25 (2) complied with the provisions in subsection (d);
26 (3) administered an overdose intervention drug to an individual
27 who appeared to be experiencing an opioid-related overdose;
28 (4) provided:
29 (A) the individual's full name; and
30 (B) any other relevant information requested by the law
31 enforcement officer;
32 (5) remained at the scene with the individual who reasonably
33 appeared to be in need of medical assistance until emergency
34 medical assistance arrived;
35 (6) cooperated with emergency medical assistance personnel and
36 law enforcement officers at the scene; and
37 (7) came into contact with law enforcement because the
38 individual requested emergency medical assistance for another
39 individual who appeared to be experiencing an opioid-related
40 overdose.
41 (h) An individual who meets the criteria in subsection (g) is immune
42 from criminal prosecution for the following:
2022 IN 414—LS 6821/DI 106 58
1 (1) IC 35-48-4-6 (possession of cocaine).
2 (2) IC 35-48-4-6.1 (possession of methamphetamine).
3 (3) IC 35-48-4-7 (possession of a controlled substance).
4 (4) IC 35-48-4-8.3 (possession of paraphernalia).
5 (5) IC 35-48-4-11 (possession of marijuana). salvia).
6 (6) An offense under IC 35-48-4 involving possession of a
7 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
8 controlled substance analog (as defined in IC 35-48-1-9.3), or
9 possession of a substance represented to be a controlled substance
10 (as described in IC 35-48-4-4.6).
11 SECTION 11. IC 20-28-5-8, AS AMENDED BY P.L.174-2021,
12 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 8. (a) This section applies when a prosecuting
14 attorney knows that a licensed employee of a public school or a
15 nonpublic school has been convicted of an offense listed in subsection
16 (c). The prosecuting attorney shall immediately give written notice of
17 the conviction to the following:
18 (1) The secretary of education.
19 (2) Except as provided in subdivision (3), the superintendent of
20 the school corporation that employs the licensed employee or the
21 equivalent authority if a nonpublic school employs the licensed
22 employee.
23 (3) The presiding officer of the governing body of the school
24 corporation that employs the licensed employee, if the convicted
25 licensed employee is the superintendent of the school corporation.
26 (b) The superintendent of a school corporation, presiding officer of
27 the governing body, or equivalent authority for a nonpublic school shall
28 immediately notify the secretary of education when the individual
29 knows that a current or former licensed employee of the public school
30 or nonpublic school has been convicted of an offense listed in
31 subsection (c), or when the governing body or equivalent authority for
32 a nonpublic school takes any final action in relation to an employee
33 who engaged in any offense listed in subsection (c).
34 (c) Except as provided in section 8.5 of this chapter, the department
35 shall permanently revoke the license of a person who is known by the
36 department to have been convicted of any of the following felonies:
37 (1) Kidnapping (IC 35-42-3-2).
38 (2) Criminal confinement (IC 35-42-3-3).
39 (3) Rape (IC 35-42-4-1).
40 (4) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
41 (5) Child molesting (IC 35-42-4-3).
42 (6) An offense under IC 35-42-4-4(b) or IC 35-42-4-4(c).
2022 IN 414—LS 6821/DI 106 59
1 (7) Vicarious sexual gratification (IC 35-42-4-5).
2 (8) Child solicitation (IC 35-42-4-6).
3 (9) Child seduction (IC 35-42-4-7).
4 (10) Sexual misconduct with a minor (IC 35-42-4-9).
5 (11) Incest (IC 35-46-1-3).
6 (12) Dealing in or manufacturing cocaine or a narcotic drug (IC
7 35-48-4-1).
8 (13) Dealing in methamphetamine (IC 35-48-4-1.1).
9 (14) Manufacturing methamphetamine (IC 35-48-4-1.2).
10 (15) Dealing in a schedule I, II, or III controlled substance (IC
11 35-48-4-2).
12 (16) Dealing in a schedule IV controlled substance (IC
13 35-48-4-3).
14 (17) Dealing in a schedule V controlled substance (IC 35-48-4-4).
15 (18) Dealing in a counterfeit substance (IC 35-48-4-5).
16 (19) Dealing in marijuana, hash oil, hashish, or salvia or
17 mislabeled low THC hemp extract as a felony (IC 35-48-4-10).
18 (20) An offense under IC 35-48-4 involving the manufacture or
19 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
20 synthetic drug lookalike substance (as defined in
21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
22 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
23 substance analog (as defined in IC 35-48-1-9.3), or a substance
24 represented to be a controlled substance (as described in
25 IC 35-48-4-4.6).
26 (21) Possession of child pornography (IC 35-42-4-4(d) or
27 IC 35-42-4-4(e)).
28 (22) Homicide (IC 35-42-1).
29 (23) Voluntary manslaughter (IC 35-42-1-3).
30 (24) Reckless homicide (IC 35-42-1-5).
31 (25) Battery as any of the following:
32 (A) A Class A felony (for a crime committed before July 1,
33 2014) or a Level 2 felony (for a crime committed after June
34 30, 2014).
35 (B) A Class B felony (for a crime committed before July 1,
36 2014) or a Level 3 felony (for a crime committed after June
37 30, 2014).
38 (C) A Class C felony (for a crime committed before July 1,
39 2014) or a Level 5 felony (for a crime committed after June
40 30, 2014).
41 (26) Aggravated battery (IC 35-42-2-1.5).
42 (27) Robbery (IC 35-42-5-1).
2022 IN 414—LS 6821/DI 106 60
1 (28) Carjacking (IC 35-42-5-2) (before its repeal).
2 (29) Arson as a Class A felony or Class B felony (for a crime
3 committed before July 1, 2014) or as a Level 2, Level 3, or Level
4 4 felony (for a crime committed after June 30, 2014) (IC
5 35-43-1-1(a)).
6 (30) Burglary as a Class A felony or Class B felony (for a crime
7 committed before July 1, 2014) or as a Level 1, Level 2, Level 3,
8 or Level 4 felony (for a crime committed after June 30, 2014) (IC
9 35-43-2-1).
10 (31) Human trafficking (IC 35-42-3.5).
11 (32) Dealing in a controlled substance resulting in death (IC
12 35-42-1-1.5).
13 (33) Attempt under IC 35-41-5-1 to commit an offense listed in
14 this subsection.
15 (34) Conspiracy under IC 35-41-5-2 to commit an offense listed
16 in this subsection.
17 (d) The department shall permanently revoke the license of a person
18 who is known by the department to have been convicted of a federal
19 offense or an offense in another state that is comparable to a felony
20 listed in subsection (c).
21 (e) A license may be suspended by the secretary of education as
22 specified in IC 20-28-7.5.
23 (f) The department shall develop a data base of information on
24 school corporation employees who have been reported to the
25 department under this section.
26 (g) Upon receipt of information from the office of judicial
27 administration in accordance with IC 33-24-6-3 concerning persons
28 convicted of an offense listed in subsection (c), the department shall:
29 (1) cross check the information received from the office of
30 judicial administration with information concerning licensed
31 teachers (as defined in IC 20-18-2-22(b)) maintained by the
32 department; and
33 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
34 convicted of an offense described in subsection (c), revoke the
35 licensed teacher's license.
36 SECTION 12. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
37 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 16. (a) A practitioner shall comply with the
39 standards established under this licensing program. A practitioner is
40 subject to the exercise of the disciplinary sanctions under subsection
41 (b) if the department finds that a practitioner has:
42 (1) engaged in or knowingly cooperated in fraud or material
2022 IN 414—LS 6821/DI 106 61
1 deception in order to obtain a license to practice, including
2 cheating on a licensing examination;
3 (2) engaged in fraud or material deception in the course of
4 professional services or activities;
5 (3) advertised services or goods in a false or misleading manner;
6 (4) falsified or knowingly allowed another person to falsify
7 attendance records or certificates of completion of continuing
8 education courses provided under this chapter;
9 (5) been convicted of a crime that has a direct bearing on the
10 practitioner's ability to continue to practice competently;
11 (6) knowingly violated a state statute or rule or federal statute or
12 regulation regulating the profession for which the practitioner is
13 licensed;
14 (7) continued to practice although the practitioner has become
15 unfit to practice due to:
16 (A) professional incompetence;
17 (B) failure to keep abreast of current professional theory or
18 practice;
19 (C) physical or mental disability; or
20 (D) addiction to, abuse of, or severe dependency on alcohol or
21 other drugs that endanger the public by impairing a
22 practitioner's ability to practice safely;
23 (8) engaged in a course of lewd or immoral conduct in connection
24 with the delivery of services to the public;
25 (9) allowed the practitioner's name or a license issued under this
26 chapter to be used in connection with an individual or business
27 who renders services beyond the scope of that individual's or
28 business's training, experience, or competence;
29 (10) had disciplinary action taken against the practitioner or the
30 practitioner's license to practice in another state or jurisdiction on
31 grounds similar to those under this chapter;
32 (11) assisted another person in committing an act that would
33 constitute a ground for disciplinary sanction under this chapter;
34 or
35 (12) allowed a license issued by the department to be:
36 (A) used by another person; or
37 (B) displayed to the public when the license has expired, is
38 inactive, is invalid, or has been revoked or suspended.
39 For purposes of subdivision (10), a certified copy of a record of
40 disciplinary action constitutes prima facie evidence of a disciplinary
41 action in another jurisdiction.
42 (b) The department may impose one (1) or more of the following
2022 IN 414—LS 6821/DI 106 62
1 sanctions if the department finds that a practitioner is subject to
2 disciplinary sanctions under subsection (a):
3 (1) Permanent revocation of a practitioner's license.
4 (2) Suspension of a practitioner's license.
5 (3) Censure of a practitioner.
6 (4) Issuance of a letter of reprimand.
7 (5) Assessment of a civil penalty against the practitioner in
8 accordance with the following:
9 (A) The civil penalty may not be more than one thousand
10 dollars ($1,000) for each violation listed in subsection (a),
11 except for a finding of incompetency due to a physical or
12 mental disability.
13 (B) When imposing a civil penalty, the department shall
14 consider a practitioner's ability to pay the amount assessed. If
15 the practitioner fails to pay the civil penalty within the time
16 specified by the department, the department may suspend the
17 practitioner's license without additional proceedings. However,
18 a suspension may not be imposed if the sole basis for the
19 suspension is the practitioner's inability to pay a civil penalty.
20 (6) Placement of a practitioner on probation status and
21 requirement of the practitioner to:
22 (A) report regularly to the department upon the matters that
23 are the basis of probation;
24 (B) limit practice to those areas prescribed by the department;
25 (C) continue or renew professional education approved by the
26 department until a satisfactory degree of skill has been attained
27 in those areas that are the basis of the probation; or
28 (D) perform or refrain from performing any acts, including
29 community restitution or service without compensation, that
30 the department considers appropriate to the public interest or
31 to the rehabilitation or treatment of the practitioner.
32 The department may withdraw or modify this probation if the
33 department finds after a hearing that the deficiency that required
34 disciplinary action has been remedied or that changed
35 circumstances warrant a modification of the order.
36 (c) If an applicant or a practitioner has engaged in or knowingly
37 cooperated in fraud or material deception to obtain a license to
38 practice, including cheating on the licensing examination, the
39 department may rescind the license if it has been granted, void the
40 examination or other fraudulent or deceptive material, and prohibit the
41 applicant from reapplying for the license for a length of time
42 established by the department.
2022 IN 414—LS 6821/DI 106 63
1 (d) The department may deny licensure to an applicant who has had
2 disciplinary action taken against the applicant or the applicant's license
3 to practice in another state or jurisdiction or who has practiced without
4 a license in violation of the law. A certified copy of the record of
5 disciplinary action is conclusive evidence of the other jurisdiction's
6 disciplinary action.
7 (e) The department may order a practitioner to submit to a
8 reasonable physical or mental examination if the practitioner's physical
9 or mental capacity to practice safely and competently is at issue in a
10 disciplinary proceeding. Failure to comply with a department order to
11 submit to a physical or mental examination makes a practitioner liable
12 to temporary suspension under subsection (j).
13 (f) Except as provided under subsection (g) or (h), a license may not
14 be denied, revoked, or suspended because the applicant or holder has
15 been convicted of an offense. The acts from which the applicant's or
16 holder's conviction resulted may, however, be considered as to whether
17 the applicant or holder should be entrusted to serve the public in a
18 specific capacity.
19 (g) The department may deny, suspend, or revoke a license issued
20 under this chapter if the individual who holds the license is convicted
21 of any of the following:
22 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
23 (2) Possession of methamphetamine under IC 35-48-4-6.1.
24 (3) Possession of a controlled substance under IC 35-48-4-7(a).
25 (4) Fraudulently obtaining a controlled substance under
26 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
27 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
28 (5) Manufacture of paraphernalia as a Class D felony (for a crime
29 committed before July 1, 2014) or a Level 6 felony (for a crime
30 committed after June 30, 2014) under IC 35-48-4-8.1(b).
31 (6) Dealing in paraphernalia as a Class D felony (for a crime
32 committed before July 1, 2014) or a Level 6 felony (for a crime
33 committed after June 30, 2014) under IC 35-48-4-8.5(b).
34 (7) Possession of paraphernalia as a Class D felony (for a crime
35 committed before July 1, 2014) or a Level 6 felony (for a crime
36 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
37 its amendment on July 1, 2015).
38 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
39 D felony (for a crime committed before July 1, 2014) or a Level
40 6 felony (for a crime committed after June 30, 2014) under
41 IC 35-48-4-11.
42 (9) A felony offense under IC 35-48-4 involving possession of a
2022 IN 414—LS 6821/DI 106 64
1 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2 controlled substance analog (as defined in IC 35-48-1-9.3), or
3 possession of a synthetic drug lookalike substance (as defined in
4 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
5 (A) Class D felony for a crime committed before July 1, 2014;
6 or
7 (B) Level 6 felony for a crime committed after June 30, 2014;
8 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
9 (10) Maintaining a common nuisance under IC 35-48-4-13
10 (repealed) or IC 35-45-1-5, if the common nuisance involves a
11 controlled substance.
12 (11) An offense relating to registration, labeling, and prescription
13 forms under IC 35-48-4-14.
14 (h) The department shall deny, revoke, or suspend a license issued
15 under this chapter if the individual who holds the license is convicted
16 of any of the following:
17 (1) Dealing in a controlled substance resulting in death under
18 IC 35-42-1-1.5.
19 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
20 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
21 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
22 (5) Dealing in a schedule I, II, or III controlled substance under
23 IC 35-48-4-2.
24 (6) Dealing in a schedule IV controlled substance under
25 IC 35-48-4-3.
26 (7) Dealing in a schedule V controlled substance under
27 IC 35-48-4-4.
28 (8) Dealing in a substance represented to be a controlled
29 substance under IC 35-48-4-4.5 (repealed).
30 (9) Knowingly or intentionally manufacturing, advertising,
31 distributing, or possessing with intent to manufacture, advertise,
32 or distribute a substance represented to be a controlled substance
33 under IC 35-48-4-4.6.
34 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
35 (11) Dealing in marijuana, hash oil, hashish, or salvia or
36 mislabeled low THC hemp extract as a felony under
37 IC 35-48-4-10.
38 (12) An offense under IC 35-48-4 involving the manufacture or
39 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
40 synthetic drug lookalike substance (as defined in
41 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
42 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2022 IN 414—LS 6821/DI 106 65
1 substance analog (as defined in IC 35-48-1-9.3), or a substance
2 represented to be a controlled substance (as described in
3 IC 35-48-4-4.6).
4 (13) A violation of any federal or state drug law or rule related to
5 wholesale legend drug distributors licensed under IC 25-26-14.
6 (i) A decision of the department under subsections (b) through (h)
7 may be appealed to the commission under IC 4-21.5-3-7.
8 (j) The department may temporarily suspend a practitioner's license
9 under IC 4-21.5-4 before a final adjudication or during the appeals
10 process if the department finds that a practitioner represents a clear and
11 immediate danger to the public's health, safety, or property if the
12 practitioner is allowed to continue to practice.
13 (k) On receipt of a complaint or an information alleging that a
14 person licensed under this chapter has engaged in or is engaging in a
15 practice that jeopardizes the public health, safety, or welfare, the
16 department shall initiate an investigation against the person.
17 (l) Any complaint filed with the office of the attorney general
18 alleging a violation of this licensing program shall be referred to the
19 department for summary review and for its general information and any
20 authorized action at the time of the filing.
21 (m) The department shall conduct a fact finding investigation as the
22 department considers proper in relation to the complaint.
23 (n) The department may reinstate a license that has been suspended
24 under this section if, after a hearing, the department is satisfied that the
25 applicant is able to practice with reasonable skill, safety, and
26 competency to the public. As a condition of reinstatement, the
27 department may impose disciplinary or corrective measures authorized
28 under this chapter.
29 (o) The department may not reinstate a license that has been
30 revoked under this chapter. An individual whose license has been
31 revoked under this chapter may not apply for a new license until seven
32 (7) years after the date of revocation.
33 (p) The department shall seek to achieve consistency in the
34 application of sanctions authorized in this chapter. Significant
35 departures from prior decisions involving similar conduct must be
36 explained in the department's findings or orders.
37 (q) A practitioner may petition the department to accept the
38 surrender of the practitioner's license instead of having a hearing before
39 the commission. The practitioner may not surrender the practitioner's
40 license without the written approval of the department, and the
41 department may impose any conditions appropriate to the surrender or
42 reinstatement of a surrendered license.
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1 (r) A practitioner who has been subjected to disciplinary sanctions
2 may be required by the commission to pay the costs of the proceeding.
3 The practitioner's ability to pay shall be considered when costs are
4 assessed. If the practitioner fails to pay the costs, a suspension may not
5 be imposed solely upon the practitioner's inability to pay the amount
6 assessed. The costs are limited to costs for the following:
7 (1) Court reporters.
8 (2) Transcripts.
9 (3) Certification of documents.
10 (4) Photo duplication.
11 (5) Witness attendance and mileage fees.
12 (6) Postage.
13 (7) Expert witnesses.
14 (8) Depositions.
15 (9) Notarizations.
16 SECTION 13. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
17 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
19 commission, or a committee may suspend, deny, or revoke a license or
20 certificate issued under this title by the board, the commission, or the
21 committee without an investigation by the office of the attorney general
22 if the individual who holds the license or certificate is convicted of any
23 of the following and the board, commission, or committee determines,
24 after the individual has appeared in person, that the offense affects the
25 individual's ability to perform the duties of the profession:
26 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
27 (2) Possession of methamphetamine under IC 35-48-4-6.1.
28 (3) Possession of a controlled substance under IC 35-48-4-7(a).
29 (4) Fraudulently obtaining a controlled substance under
30 IC 35-48-4-7(c).
31 (5) Manufacture of paraphernalia as a Class D felony (for a crime
32 committed before July 1, 2014) or a Level 6 felony (for a crime
33 committed after June 30, 2014) under IC 35-48-4-8.1(b).
34 (6) Dealing in paraphernalia as a Class D felony (for a crime
35 committed before July 1, 2014) or a Level 6 felony (for a crime
36 committed after June 30, 2014) under IC 35-48-4-8.5(b).
37 (7) Possession of paraphernalia as a Class D felony (for a crime
38 committed before July 1, 2014) or a Level 6 felony (for a crime
39 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
40 its amendment on July 1, 2015).
41 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
42 D felony (for a crime committed before July 1, 2014) or a Level
2022 IN 414—LS 6821/DI 106 67
1 6 felony (for a crime committed after June 30, 2014) under
2 IC 35-48-4-11.
3 (9) A felony offense under IC 35-48-4 involving possession of a
4 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
5 controlled substance analog (as defined in IC 35-48-1-9.3), or
6 possession of a synthetic drug lookalike substance (as defined in
7 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
8 (A) Class D felony for a crime committed before July 1, 2014;
9 or
10 (B) Level 6 felony for a crime committed after June 30, 2014;
11 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
12 (10) Maintaining a common nuisance under IC 35-48-4-13
13 (repealed) or IC 35-45-1-5, if the common nuisance involves a
14 controlled substance.
15 (11) An offense relating to registration, labeling, and prescription
16 forms under IC 35-48-4-14.
17 (12) A sex crime under IC 35-42-4.
18 (13) A felony that reflects adversely on the individual's fitness to
19 hold a professional license.
20 SECTION 14. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
21 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 3. A board, a commission, or a committee shall
23 revoke or suspend a license or certificate issued under this title by the
24 board, the commission, or the committee if the individual who holds
25 the license or certificate is convicted of any of the following:
26 (1) Dealing in a controlled substance resulting in death under
27 IC 35-42-1-1.5.
28 (2) Dealing in or manufacturing cocaine or a narcotic drug under
29 IC 35-48-4-1.
30 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
31 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
32 (5) Dealing in a schedule I, II, or III controlled substance under
33 IC 35-48-4-2.
34 (6) Dealing in a schedule IV controlled substance under
35 IC 35-48-4-3.
36 (7) Dealing in a schedule V controlled substance under
37 IC 35-48-4-4.
38 (8) Dealing in a substance represented to be a controlled
39 substance under IC 35-48-4-4.5 (before its repeal on July 1,
40 2019).
41 (9) Knowingly or intentionally manufacturing, advertising,
42 distributing, or possessing with intent to manufacture, advertise,
2022 IN 414—LS 6821/DI 106 68
1 or distribute a substance represented to be a controlled substance
2 under IC 35-48-4-4.6.
3 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
4 (11) Dealing in marijuana, hash oil, hashish, or salvia or
5 mislabeled low THC hemp extract as a felony under
6 IC 35-48-4-10.
7 (12) An offense under IC 35-48-4 involving the manufacture or
8 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
9 synthetic drug lookalike substance (as defined in
10 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
11 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
12 substance analog (as defined in IC 35-48-1-9.3), or a substance
13 represented to be a controlled substance (as described in
14 IC 35-48-4-4.6).
15 (13) A violation of any federal or state drug law or rule related to
16 wholesale legend drug distributors licensed under IC 25-26-14.
17 SECTION 15. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
18 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 1. (a) The following may be seized:
20 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
21 or are intended for use by the person or persons in possession of
22 them to transport or in any manner to facilitate the transportation
23 of the following:
24 (A) A controlled substance for the purpose of committing,
25 attempting to commit, or conspiring to commit any of the
26 following:
27 (i) Dealing in or manufacturing cocaine or a narcotic drug
28 (IC 35-48-4-1).
29 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
30 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
31 (iv) Dealing in a schedule I, II, or III controlled substance
32 (IC 35-48-4-2).
33 (v) Dealing in a schedule IV controlled substance (IC
34 35-48-4-3).
35 (vi) Dealing in a schedule V controlled substance (IC
36 35-48-4-4).
37 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
38 (viii) Possession of cocaine or a narcotic drug (IC
39 35-48-4-6).
40 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
41 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
42 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
2022 IN 414—LS 6821/DI 106 69
1 mislabeled low THC hemp extract (IC 35-48-4-10).
2 (xii) An offense under IC 35-48-4 involving a synthetic drug
3 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
4 substance (as defined in IC 35-31.5-2-321.5 (before its
5 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
6 repeal on July 1, 2019), a controlled substance analog (as
7 defined in IC 35-48-1-9.3), or a substance represented to be
8 a controlled substance (as described in IC 35-48-4-4.6).
9 (xiii) A violation of IC 7.1-8.
10 (B) Any stolen (IC 35-43-4-2) or converted property (IC
11 35-43-4-3) if the retail or repurchase value of that property is
12 one hundred dollars ($100) or more.
13 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
14 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
15 mass destruction (as defined in IC 35-31.5-2-354) used to
16 commit, used in an attempt to commit, or used in a conspiracy
17 to commit a felony terrorist offense (as defined in
18 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
19 furtherance of an act of terrorism (as defined by
20 IC 35-31.5-2-329).
21 (2) All money, negotiable instruments, securities, weapons,
22 communications devices, or any property used to commit, used in
23 an attempt to commit, or used in a conspiracy to commit a felony
24 terrorist offense (as defined in IC 35-50-2-18) or an offense under
25 IC 35-47 as part of or in furtherance of an act of terrorism or
26 commonly used as consideration for a violation of IC 35-48-4
27 (other than items subject to forfeiture under IC 16-42-20-5 or
28 IC 16-6-8.5-5.1, before its repeal):
29 (A) furnished or intended to be furnished by any person in
30 exchange for an act that is in violation of a criminal statute;
31 (B) used to facilitate any violation of a criminal statute; or
32 (C) traceable as proceeds of the violation of a criminal statute.
33 (3) Any portion of real or personal property purchased with
34 money that is traceable as a proceed of a violation of a criminal
35 statute.
36 (4) A vehicle that is used by a person to:
37 (A) commit, attempt to commit, or conspire to commit;
38 (B) facilitate the commission of; or
39 (C) escape from the commission of;
40 murder (IC 35-42-1-1), dealing in a controlled substance resulting
41 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
42 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
2022 IN 414—LS 6821/DI 106 70
1 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
2 under IC 35-47 as part of or in furtherance of an act of terrorism.
3 (5) Real property owned by a person who uses it to commit any of
4 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
5 felony:
6 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
7 35-48-4-1).
8 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
9 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
10 (D) Dealing in a schedule I, II, or III controlled substance (IC
11 35-48-4-2).
12 (E) Dealing in a schedule IV controlled substance (IC
13 35-48-4-3).
14 (F) Dealing in marijuana, hash oil, hashish, or salvia or
15 mislabeled low THC hemp extract (IC 35-48-4-10).
16 (G) Dealing in a synthetic drug (as defined in
17 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
18 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
19 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
20 2019).
21 (H) Dealing in a controlled substance resulting in death (IC
22 35-42-1-1.5).
23 (6) Equipment and recordings used by a person to commit fraud
24 under IC 35-43-5.
25 (7) Recordings sold, rented, transported, or possessed by a person
26 in violation of IC 24-4-10.
27 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
28 defined by IC 35-45-6-1) that is the object of a corrupt business
29 influence violation (IC 35-45-6-2).
30 (9) Unlawful telecommunications devices (as defined in
31 IC 35-45-13-6) and plans, instructions, or publications used to
32 commit an offense under IC 35-45-13.
33 (10) Any equipment, including computer equipment and cellular
34 telephones, used for or intended for use in preparing,
35 photographing, recording, videotaping, digitizing, printing,
36 copying, or disseminating matter in violation of IC 35-42-4.
37 (11) Destructive devices used, possessed, transported, or sold in
38 violation of IC 35-47.5.
39 (12) Tobacco products that are sold in violation of IC 24-3-5,
40 tobacco products that a person attempts to sell in violation of
41 IC 24-3-5, and other personal property owned and used by a
42 person to facilitate a violation of IC 24-3-5.
2022 IN 414—LS 6821/DI 106 71
1 (13) Property used by a person to commit counterfeiting or
2 forgery in violation of IC 35-43-5-2.
3 (14) After December 31, 2005, if a person is convicted of an
4 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
5 following real or personal property:
6 (A) Property used or intended to be used to commit, facilitate,
7 or promote the commission of the offense.
8 (B) Property constituting, derived from, or traceable to the
9 gross proceeds that the person obtained directly or indirectly
10 as a result of the offense.
11 (15) Except as provided in subsection (e), a vehicle used by a
12 person who operates the vehicle:
13 (A) while intoxicated, in violation of IC 9-30-5-1 through
14 IC 9-30-5-5, if in the previous five (5) years the person has two
15 (2) or more prior unrelated convictions for operating a motor
16 vehicle while intoxicated in violation of IC 9-30-5-1 through
17 IC 9-30-5-5; or
18 (B) on a highway while the person's driving privileges are
19 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
20 if in the previous five (5) years the person has two (2) or more
21 prior unrelated convictions for operating a vehicle while
22 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
23 If a court orders the seizure of a vehicle under this subdivision,
24 the court shall transmit an order to the bureau of motor vehicles
25 recommending that the bureau not permit a vehicle to be
26 registered in the name of the person whose vehicle was seized
27 until the person possesses a current driving license (as defined in
28 IC 9-13-2-41).
29 (16) Cannabis and cannabis products grown, processed, sold,
30 or offered for sale in violation of IC 7.1-8.
31 (16) (17) The following real or personal property:
32 (A) Property used or intended to be used to commit, facilitate,
33 or promote the commission of an offense specified in
34 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
35 IC 30-2-13-38(f).
36 (B) Property constituting, derived from, or traceable to the
37 gross proceeds that a person obtains directly or indirectly as a
38 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
39 IC 30-2-10-9(b), or IC 30-2-13-38(f).
40 (17) (18) Real or personal property, including a vehicle, that is
41 used by a person to:
42 (A) commit, attempt to commit, or conspire to commit;
2022 IN 414—LS 6821/DI 106 72
1 (B) facilitate the commission of; or
2 (C) escape from the commission of;
3 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
4 trafficking) or IC 35-45-4-4 (promoting prostitution).
5 (b) A vehicle used by any person as a common or contract carrier in
6 the transaction of business as a common or contract carrier is not
7 subject to seizure under this section, unless it can be proven by a
8 preponderance of the evidence that the owner of the vehicle knowingly
9 permitted the vehicle to be used to engage in conduct that subjects it to
10 seizure under subsection (a).
11 (c) Equipment under subsection (a)(10) may not be seized unless it
12 can be proven by a preponderance of the evidence that the owner of the
13 equipment knowingly permitted the equipment to be used to engage in
14 conduct that subjects it to seizure under subsection (a)(10).
15 (d) Money, negotiable instruments, securities, weapons,
16 communications devices, or any property commonly used as
17 consideration for a violation of IC 35-48-4 found near or on a person
18 who is committing, attempting to commit, or conspiring to commit any
19 of the following offenses shall be admitted into evidence in an action
20 under this chapter as prima facie evidence that the money, negotiable
21 instrument, security, or other thing of value is property that has been
22 used or was to have been used to facilitate the violation of a criminal
23 statute or is the proceeds of the violation of a criminal statute:
24 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
25 death).
26 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
27 narcotic drug).
28 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
29 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
30 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
31 substance).
32 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
33 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
34 as a Level 4 felony.
35 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
36 Level 3, Level 4, or Level 5 felony.
37 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
38 3, Level 4, or Level 5 felony.
39 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
40 salvia or mislabeled low THC hemp extract) as a Level 5
41 felony.
42 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
2022 IN 414—LS 6821/DI 106 73
1 in a synthetic drug or synthetic drug lookalike substance) as a
2 Level 5 felony or Level 6 felony (or as a Class C felony or Class
3 D felony under IC 35-48-4-10 before its amendment in 2013).
4 (e) A vehicle operated by a person who is not:
5 (1) an owner of the vehicle; or
6 (2) the spouse of the person who owns the vehicle;
7 is not subject to seizure under subsection (a)(15) unless it can be
8 proven by a preponderance of the evidence that the owner of the
9 vehicle knowingly permitted the vehicle to be used to engage in
10 conduct that subjects it to seizure under subsection (a)(15).
11 SECTION 16. IC 34-30-2-23.5 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 23.5. IC 7.1-8-7-16 (Concerning
14 acts and omissions of the members of the cannabis commission and
15 their officers and employees).
16 SECTION 17. IC 35-31.5-2-185, AS AMENDED BY P.L.58-2020,
17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 185. (a) "Law enforcement officer" means:
19 (1) a police officer (including a correctional police officer),
20 sheriff, constable, marshal, prosecuting attorney, special
21 prosecuting attorney, special deputy prosecuting attorney, the
22 securities commissioner, or the inspector general;
23 (2) a deputy of any of those persons;
24 (3) an investigator for a prosecuting attorney or for the inspector
25 general;
26 (4) a conservation officer;
27 (5) an enforcement officer of the alcohol and tobacco commission
28 or of the cannabis commission;
29 (6) an enforcement officer of the securities division of the office
30 of the secretary of state; or
31 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
32 control officer employed by the gaming control division under
33 IC 4-33-20.
34 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
35 includes an alcoholic beverage enforcement officer, as set forth in
36 IC 35-42-2-1.
37 (c) "Law enforcement officer", for purposes of IC 35-45-15,
38 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
39 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
40 IC 35-44.1-3-2, includes a school resource officer (as defined in
41 IC 20-26-18.2-1) and a school corporation police officer appointed
42 under IC 20-26-16.
2022 IN 414—LS 6821/DI 106 74
1 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
2 meaning set forth in IC 35-40.5-1-1.
3 SECTION 18. IC 35-45-6-1, AS AMENDED BY P.L.80-2019,
4 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2022]: Sec. 1. (a) The definitions in this section apply
6 throughout this chapter.
7 (b) "Documentary material" means any document, drawing,
8 photograph, recording, or other tangible item containing compiled data
9 from which information can be either obtained or translated into a
10 usable form.
11 (c) "Enterprise" means:
12 (1) a sole proprietorship, corporation, limited liability company,
13 partnership, business trust, or governmental entity; or
14 (2) a union, an association, or a group, whether a legal entity or
15 merely associated in fact.
16 (d) "Pattern of racketeering activity" means engaging in at least two
17 (2) incidents of racketeering activity that have the same or similar
18 intent, result, accomplice, victim, or method of commission, or that are
19 otherwise interrelated by distinguishing characteristics that are not
20 isolated incidents. However, the incidents are a pattern of racketeering
21 activity only if at least one (1) of the incidents occurred after August
22 31, 1980, and if the last of the incidents occurred within five (5) years
23 after a prior incident of racketeering activity.
24 (e) "Racketeering activity" means to commit, to attempt to commit,
25 to conspire to commit a violation of, or aiding and abetting in a
26 violation of any of the following:
27 (1) A provision of IC 23-19, or of a rule or order issued under
28 IC 23-19.
29 (2) A violation of IC 35-45-9.
30 (3) A violation of IC 35-47.
31 (4) A violation of IC 35-49-3.
32 (5) Murder (IC 35-42-1-1).
33 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
34 felony after June 30, 2014 (IC 35-42-2-1).
35 (7) Kidnapping (IC 35-42-3-2).
36 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
37 (9) Child exploitation (IC 35-42-4-4).
38 (10) Robbery (IC 35-42-5-1).
39 (11) Carjacking (IC 35-42-5-2) (before its repeal).
40 (12) Arson (IC 35-43-1-1).
41 (13) Burglary (IC 35-43-2-1).
42 (14) Theft (IC 35-43-4-2).
2022 IN 414—LS 6821/DI 106 75
1 (15) Receiving stolen property (IC 35-43-4-2) (before its
2 amendment on July 1, 2018).
3 (16) Forgery (IC 35-43-5-2).
4 (17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(10)).
5 (18) Bribery (IC 35-44.1-1-2).
6 (19) Official misconduct (IC 35-44.1-1-1).
7 (20) Conflict of interest (IC 35-44.1-1-4).
8 (21) Perjury (IC 35-44.1-2-1).
9 (22) Obstruction of justice (IC 35-44.1-2-2).
10 (23) Intimidation (IC 35-45-2-1).
11 (24) Promoting prostitution (IC 35-45-4-4).
12 (25) Professional gambling (IC 35-45-5-3).
13 (26) Maintaining a professional gambling site (IC
14 35-45-5-3.5(b)).
15 (27) Promoting professional gambling (IC 35-45-5-4).
16 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
17 35-48-4-1).
18 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
19 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
20 (31) Dealing in a schedule I, II, or III controlled substance (IC
21 35-48-4-2).
22 (32) Dealing in a schedule IV controlled substance (IC
23 35-48-4-3).
24 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
25 (34) Dealing in marijuana, hash oil, hashish, or salvia or
26 mislabeled low THC hemp extract (IC 35-48-4-10).
27 (35) Money laundering (IC 35-45-15-5).
28 (36) A violation of IC 35-47.5-5.
29 (37) A violation of any of the following:
30 (A) IC 23-14-48-9.
31 (B) IC 30-2-9-7(b).
32 (C) IC 30-2-10-9(b).
33 (D) IC 30-2-13-38(f).
34 (38) Practice of law by a person who is not an attorney (IC
35 33-43-2-1).
36 (39) An offense listed in IC 35-48-4 involving the manufacture or
37 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
38 synthetic drug lookalike substance (as defined in
39 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
40 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
41 substance analog (as defined in IC 35-48-1-9.3), or a substance
42 represented to be a controlled substance (as described in
2022 IN 414—LS 6821/DI 106 76
1 IC 35-48-4-4.6).
2 (40) Dealing in a controlled substance resulting in death (IC
3 35-42-1-1.5).
4 SECTION 19. IC 35-48-2-4, AS AMENDED BY P.L.10-2021,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 4. (a) The controlled substances listed in this
7 section are included in schedule I.
8 (b) Opiates. Any of the following opiates, including their isomers,
9 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
10 specifically excepted by rule of the board or unless listed in another
11 schedule, whenever the existence of these isomers, esters, ethers, and
12 salts is possible within the specific chemical designation:
13 4-fluoroisobutyryl fentanyl
14 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
15 piperidinyl]-N-phenylacetamide) (9815)
16 Acetyl fentanyl (Other names include:
17 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
18 Acetylmethadol (9601)
19 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
20 N-phenylacrylamide
21 Allylprodine (9602)
22 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
23 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
24 Alphacetylmethadol (9603)
25 Alphameprodine (9604)
26 Alphamethadol (9605)
27 Alphamethylfentanyl (9814)
28 Benzethidine (9606)
29 Beta-hydroxy-3-methylfentanyl (9831). Other name:
30 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
31 ]-N-phenylpropanamide
32 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
33 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
34 Betacetylmethadol (9607)
35 Betameprodine (9608)
36 Betamethadol (9609)
37 Betaprodine (9611)
38 Clonitazene (9612)
39 Cyclopentyl fentanyl. Other name:
40 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
41 Dextromoramide (9613)
42 Diampromide (9615)
2022 IN 414—LS 6821/DI 106 77
1 Diethylthiambutene (9616)
2 Difenoxin (9168)
3 Dimenoxadol (9617)
4 Dimepheptanol (9618)
5 Dimethylthiambutene (9619)
6 Dioxaphetyl butyrate (9621)
7 Dipipanone (9622)
8 Ethylmethylthiambutene (9623)
9 Etonitazene (9624)
10 Etoxeridine (9625)
11 Fentanyl related substances.
12 Furanyl fentanyl.
13 Furethidine (9626)
14 Hydroxypethidine (9627)
15 Isobutyryl fentanyl. Other name:
16 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
17 Isotonitazene. Other name: N,N-diethyl-2-
18 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
19 1-yl)ethan-1-amine)
20 Ketobemidone (9628)
21 Levomoramide (9629)
22 Levophenacylmorphan (9631)
23 Methoxyacetyl fentanyl. Other name:
24 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
25 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
26 piperidyl]-N-phenyl-propanimide](9813)
27 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
28 piperidinyl]-N-phenylpropanamide) (9833)
29 MDMB-4en-PINACA
30 4F-MDMB-BICA; 4-fluoro MDMB-BICA; 4F-MDMB-BUTICA;
31 Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
32 3-dimethyl-butanoate
33 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
34 Morpheridine (9632)
35 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
36 including any isomers, salts, or salts of isomers (9818)
37 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
38 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
39 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
40 (beta-hydroxythiofentanyl)
41 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
42 (para-chloroisobutyryl fentanyl)
2022 IN 414—LS 6821/DI 106 78
1 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
2 acetamide (ocfentanil)
3 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
4 (para-fluorobutyryl fentanyl)
5 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
6 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
7 fentanyl)
8 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
9 fentanyl)
10 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
11 (para-methoxybutyryl fentanyl)
12 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
13 (thenylfentanyl), including any isomers, salts, or salts of isomers
14 (9834)
15 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
16 fentanyl)
17 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
18 (cyclopentyl fentanyl)
19 Noracymethadol (9633)
20 Norlevorphanol (9634)
21 Normethadone (9635)
22 Norpipanone (9636)
23 Ocfentanil. Other name:
24 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
25 acetamide
26 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
27 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
28 Para-chloroisobutyryl fentanyl. Other name:
29 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
30 Para-fluorobutyryl fentanyl. Other name:
31 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
32 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
33 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
34 Para-methoxybutyryl fentanyl. Other name:
35 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
36 Phenadoxone (9637)
37 Phenampromide (9638)
38 Phenomorphan (9647)
39 Phenoperidine (9641)
40 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
41 Piritramide (9642)
42 Proheptazine (9643)
2022 IN 414—LS 6821/DI 106 79
1 Properidine (9644)
2 Propiram (9649)
3 Racemoramide (9645)
4 Tetrahydrofuranyl fentanyl. Other name:
5 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
6 oxamide
7 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
8 piperidinyl]-propanamide) (9835)
9 Tilidine (9750)
10 Trimeperidine (9646)
11 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
12 N-methyl- benzamide)
13 Valeryl fentanyl. Other name:
14 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
15 (c) Opium derivatives. Any of the following opium derivatives, their
16 salts, isomers, and salts of isomers, unless specifically excepted by rule
17 of the board or unless listed in another schedule, whenever the
18 existence of these salts, isomers, and salts of isomers is possible within
19 the specific chemical designation:
20 Acetorphine (9319)
21 Acetyldihydrocodeine (9051)
22 Benzylmorphine (9052)
23 Codeine methylbromide (9070)
24 Codeine-N-Oxide (9053)
25 Cyprenorphine (9054)
26 Desomorphine (9055)
27 Dihydromorphine (9145)
28 Drotebanol (9335)
29 Etorphine (except hydrochloride salt) (9056)
30 Heroin (9200)
31 Hydromorphinol (9301)
32 Methyldesorphine (9302)
33 Methyldihydromorphine (9304)
34 Morphine methylbromide (9305)
35 Morphine methylsulfonate (9306)
36 Morphine-N-Oxide (9307)
37 Myrophine (9308)
38 Nicocodeine (9309)
39 Nicomorphine (9312)
40 Normorphine (9313)
41 Pholcodine (9314)
42 Thebacon (9315)
2022 IN 414—LS 6821/DI 106 80
1 (d) Hallucinogenic substances. Unless specifically excepted or
2 unless listed in another schedule, any material, compound, mixture, or
3 preparation which contains any quantity of the following
4 hallucinogenic, psychedelic, or psychogenic substances, their salts,
5 isomers, and salts of isomers whenever the existence of these salts,
6 isomers, and salts of isomers is possible within the specific chemical
7 designation (for purposes of this subsection only, the term "isomer"
8 includes the optical, position, and geometric isomers):
9 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
10 TCPy.
11 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
12 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
13 4-Bromo-2, 5-DMA.
14 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
15 or other names:
16 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
17 alpha-desmethyl DOB; 2C-B, Nexus.
18 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
19 DOET.
20 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
21 Other name: 2C-T-7.
22 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
23 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
24 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
25 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
26 PMA.
27 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
28 Name: MMDA.
29 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
30 isomers, salts, or salts of isomers (7439). Other name:
31 5-MeO-DIPT.
32 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
33 and other names: 4-methyl-2,
34 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
35 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
36 MDA.
37 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
38 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
39 phenethylamine; N-ethyl MDA; MDE; and MDEA.
40 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
41 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
42 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
2022 IN 414—LS 6821/DI 106 81
1 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
2 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
3 (16) Alpha-methyltryptamine (7432). Other name: AMT.
4 (17) Bufotenine (7433). Some trade and other names:
5 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
6 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
7 5-hydroxy-N, N-dimethyltryptamine; mappine.
8 (18) Diethyltryptamine (7434). Some trade or other names: N,
9 N-Diethyltryptamine; DET.
10 (19) Dimethyltryptamine (7435). Some trade or other names:
11 DMT.
12 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
13 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
14 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
15 (21) Lysergic acid diethylamide (7315). Other name: LSD.
16 (22) Marijuana (7360).
17 (23) (22) Mescaline (7381).
18 (24) (23) Parahexyl (7374). Some trade or other names:
19 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
20 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
21 (25) (24) Peyote (7415), including:
22 (A) all parts of the plant that are classified botanically as
23 lophophora williamsii lemaire, whether growing or not;
24 (B) the seeds thereof;
25 (C) any extract from any part of the plant; and
26 (D) every compound, manufacture, salt, derivative, mixture, or
27 preparation of the plant, its seeds, or extracts.
28 (26) (25) N-ethyl-3-piperidyl benzilate (7482). Other name:
29 DMZ.
30 (27) (26) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
31 Other names: N-hydroxy-alpha-methyl-3,4
32 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
33 (28) (27) N-methyl-3-piperidyl benzilate (7484). Other name:
34 LBJ.
35 (29) (28) Psilocybin (7437).
36 (30) (29) Psilocyn (7438).
37 (31) (30) Tetrahydrocannabinols (7370), including synthetic
38 equivalents of the substances contained in the plant, or in the
39 resinous extractives of Cannabis, sp. and synthetic substances,
40 derivatives, and their isomers with similar chemical structure and
41 pharmacological activity such as:
42 (A) ð
1
cis or trans tetrahydrocannabinol, and their optical
2022 IN 414—LS 6821/DI 106 82
1 isomers;
2 (B) ð
6
cis or trans tetrahydrocannabinol, and their optical
3 isomers; and
4 (C) ð
3,
4 cis or trans tetrahydrocannabinol, and their optical
5 isomers.
6 Since nomenclature of these substances is not internationally
7 standardized, compounds of these structures, regardless of
8 numerical designation of atomic positions are covered. Other
9 name: THC.
10 (32) (31) Ethylamine analog of phencyclidine (7455). Some trade
11 or other names: N-Ethyl-1-phenylcyclohexylamine;
12 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
13 ethylamine; cyclohexamine; PCE.
14 (33) (32) Pyrrolidine analog of phencyclidine (7458). Some trade
15 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
y; PHP.
16 (34) (33) Thiophene analog of phencyclidine (7470). Some trade
17 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
18 Analog of Phencyclidine; TPCP.
19 (35) (34) Salvia divinorum or salvinorin A, including:
20 (A) all parts of the plant that are classified botanically as salvia
21 divinorum, whether growing or not;
22 (B) the seeds of the plant;
23 (C) any extract from any part of the plant; and
24 (D) every compound, manufacture, salt, derivative, mixture, or
25 preparation of the plant, its seeds, or extracts.
26 (36) (35) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
27 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
28 5-MeO-DMT.
29 (37) (36) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
30 (38) (37) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
31 (39) (38) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
32 (40) (39) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
33 (41) (40) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
34 (2C-T-2).
35 (42) (41) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
36 (2C-T-4).
37 (43) (42) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
38 (44) (43) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
39 (45) (44) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
40 (2C-P).
41 (46) (45) Deschloroketamine (2-Phenyl-2-
42 (methylamino)cyclohexanone).
2022 IN 414—LS 6821/DI 106 83
1 (47) (46) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
2 ethyltryptamine).
3 (48) (47) N-methyltryptamine (1H-Indole-3-ethanamine,
4 N-methyl-).
5 (e) Depressants. Unless specifically excepted in a rule adopted by
6 the board or unless listed in another schedule, any material, compound,
7 mixture, or preparation which contains any quantity of the following
8 substances having a depressant effect on the central nervous system,
9 including its salts, isomers, and salts of isomers whenever the existence
10 of such salts, isomers, and salts of isomers is possible within the
11 specific chemical designation:
12 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
13 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
14 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
15 Pasaden)
16 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
17 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
18 Gamma-hydroxybutyric acid (other names include GHB;
19 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
20 oxybate; sodium oxybutyrate) (2010)
21 Mecloqualone (2572)
22 Methaqualone (2565)
23 (f) Stimulants. Unless specifically excepted or unless listed in
24 another schedule, any material, compound, mixture, or preparation that
25 contains any quantity of the following substances having a stimulant
26 effect on the central nervous system, including its salts, isomers, and
27 salts of isomers:
28 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
29 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
30 Aminorex (1585). Other names: aminoxaphen;
31 2-amino-5-phenyl-2-oxazoline; or
32 4,5-dihydro-5-phenyl-2-oxazolamine.
33 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
34 -1-one. Synonyms: BMDP, N-benzyl methylone,
35 3,4-Methylenedioxy-Nbenzylcathinone,
36 N-benzyl-3,4-methylenedioxycathinone.
37 Cathinone (1235). Some trade or other names:
38 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
39 2-aminopropiophenone; and norephedrone.
40 Fenethylline (1503).
41 N-Benzylpiperazine (7493). Other names: BZP; and
42 1-benzylpiperazine.
2022 IN 414—LS 6821/DI 106 84
1 N-ethylamphetamine (1475).
2 Methcathinone (1237). Some other trade names:
3 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
4 Monomethylpropion; UR 1431.
5 N, N-dimethylamphetamine (1480). Other names: N,
6 N-alpha-trimethyl-benzeneethanamine; and N,
7 N-alpha-trimethylphenethylamine.
8 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
9 SECTION 20. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
10 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 8.5. (a) A person who keeps for sale, offers for
12 sale, delivers, or finances the delivery of a raw material, an instrument,
13 a device, or other object that is intended to be or that is designed or
14 marketed to be used primarily for:
15 (1) ingesting, inhaling, or otherwise introducing into the human
16 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
17 controlled substance;
18 (2) testing the strength, effectiveness, or purity of marijuana, hash
19 oil, hashish, salvia, a synthetic drug, or a controlled substance;
20 (3) enhancing the effect of a controlled substance;
21 (4) manufacturing, compounding, converting, producing,
22 processing, or preparing marijuana, hash oil, hashish, salvia, a
23 synthetic drug, or a controlled substance;
24 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
25 synthetic drug, or a controlled substance by individuals; or
26 (6) any purpose announced or described by the seller that is in
27 violation of this chapter;
28 commits a Class A infraction for dealing in paraphernalia.
29 (b) A person who knowingly or intentionally violates subsection (a)
30 commits a Class A misdemeanor. However, the offense is a Level 6
31 felony if the person has a prior unrelated judgment or conviction under
32 this section.
33 (c) This section does not apply to the following:
34 (1) Items marketed for use in the preparation, compounding,
35 packaging, labeling, or other use of marijuana, hash oil, hashish,
36 salvia, a synthetic drug, or a controlled substance as an incident
37 to lawful research, teaching, or chemical analysis and not for sale.
38 (2) Items marketed for or historically and customarily used in
39 connection with the planting, propagating, cultivating, growing,
40 harvesting, manufacturing, compounding, converting, producing,
41 processing, preparing, testing, analyzing, packaging, repackaging,
42 storing, containing, concealing, injecting, ingesting, or inhaling
2022 IN 414—LS 6821/DI 106 85
1 of tobacco or any other lawful substance.
2 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
3 a syringe or needle as part of a program under IC 16-41-7.5.
4 (4) Any entity or person that provides funding to a qualified entity
5 (as defined in IC 16-41-7.5-3) to operate a program described in
6 IC 16-41-7.5.
7 SECTION 21. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
8 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 10. (a) A person who:
10 (1) knowingly or intentionally:
11 (A) manufactures;
12 (B) finances the manufacture of;
13 (C) delivers; or
14 (D) finances the delivery of;
15 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
16 (2) possesses, with intent to:
17 (A) manufacture;
18 (B) finance the manufacture of;
19 (C) deliver; or
20 (D) finance the delivery of;
21 marijuana, hash oil, hashish, or salvia, pure or adulterated;
22 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
23 misdemeanor, except as provided in subsections (b) through (d).
24 (b) A person may be convicted of an offense under subsection (a)(2)
25 only if:
26 (1) there is evidence in addition to the weight of the drug that the
27 person intended to manufacture, finance the manufacture of,
28 deliver, or finance the delivery of the drug; or
29 (2) the amount of the drug involved is at least
30 (A) ten (10) pounds, if the drug is marijuana; or
31 (B) three hundred (300) grams, if the drug is hash oil, hashish,
32 or salvia.
33 (c) The offense is a Level 6 felony if:
34 (1) the person has a prior conviction for a drug offense and the
35 amount of the drug involved is
36 (A) less than thirty (30) grams of marijuana; or
37 (B) less than five (5) grams of hash oil, hashish, or salvia; or
38 (2) the amount of the drug involved is
39 (A) at least thirty (30) grams but less than ten (10) pounds of
40 marijuana; or
41 (B) at least five (5) grams but less than three hundred (300)
42 grams of hash oil, hashish, or salvia.
2022 IN 414—LS 6821/DI 106 86
1 (d) The offense is a Level 5 felony if:
2 (1) the person has a prior conviction for a drug dealing offense
3 and the amount of the drug involved is
4 (A) at least thirty (30) grams but less than ten (10) pounds of
5 marijuana; or
6 (B) at least five (5) grams but less than three hundred (300)
7 grams of hash oil, hashish, or salvia; or
8 (2) the:
9 (A) amount of the drug involved is
10 (i) at least ten (10) pounds of marijuana; or
11 (ii) at least three hundred (300) grams of hash oil, hashish,
12 or salvia; or
13 (B) offense involved a sale to a minor. or
14 (3) the:
15 (A) person is a retailer;
16 (B) marijuana, hash oil, hashish, or salvia is packaged in a
17 manner that appears to be low THC hemp extract; and
18 (C) person knew or reasonably should have known that the
19 product was marijuana, hash oil, hashish, or salvia.
20 (e) A retailer who:
21 (1) knowingly or intentionally:
22 (A) manufactures;
23 (B) finances the manufacture of;
24 (C) delivers; or
25 (D) finances the delivery of;
26 marijuana, hash oil, hashish, or salvia, pure or adulterated,
27 that is packaged in a manner that appears to be low THC
28 hemp extract; or
29 (2) possesses, with intent to:
30 (A) manufacture;
31 (B) finance the manufacture of;
32 (C) deliver; or
33 (D) finance the delivery of;
34 marijuana, hash oil, hashish, or salvia, pure or adulterated,
35 that is packaged in a manner that appears to be low THC
36 hemp extract;
37 commits dealing in mislabeled low THC hemp extract, a Level 5
38 felony, if the person knew or reasonably should have known that
39 the product was marijuana, hash oil, hashish, or salvia.
40 SECTION 22. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
41 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 11. (a) A person who
2022 IN 414—LS 6821/DI 106 87
1 (1) knowingly or intentionally possesses (pure or adulterated)
2 marijuana, hash oil, hashish, or salvia
3 (2) knowingly or intentionally grows or cultivates marijuana; or
4 (3) knowing that marijuana is growing on the person's premises,
5 fails to destroy the marijuana plants;
6 commits possession of marijuana, hash oil, hashish, or salvia, a Class
7 B misdemeanor, except as provided in subsections (b) through (c).
8 (b) The offense described in subsection (a) is a Class A
9 misdemeanor if
10 (1) the person has a prior conviction for a drug offense. or
11 (2) the:
12 (A) marijuana, hash oil, hashish, or salvia is packaged in a
13 manner that appears to be low THC hemp extract; and
14 (B) person knew or reasonably should have known that the
15 product was marijuana, hash oil, hashish, or salvia.
16 (c) The offense described in subsection (a) is a Level 6 felony if:
17 (1) the person has a prior conviction for a drug offense; and
18 (2) the person possesses
19 (A) at least thirty (30) grams of marijuana; or
20 (B) at least five (5) grams of hash oil, hashish, or salvia.
21 (d) A person who:
22 (1) knowingly or intentionally possesses (pure or adulterated)
23 marijuana, hash oil, hashish, or salvia; and
24 (2) the:
25 (A) marijuana, hash oil, hashish, or salvia is packaged in a
26 manner that appears to be low THC hemp extract; and
27 (B) person knew or reasonably should have known that the
28 product was marijuana, hash oil, hashish, or salvia;
29 commits possession of mislabeled low THC hemp extract, a Class
30 A misdemeanor.
31 SECTION 23. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
32 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (i), (j), or
34 (l), or (m), in addition to any sentence imposed under this article for a
35 felony or misdemeanor, the court may, as a condition of probation or
36 without placing the person on probation, order the person to make
37 restitution to the victim of the crime, the victim's estate, or the family
38 of a victim who is deceased. The court shall base its restitution order
39 upon a consideration of:
40 (1) property damages of the victim incurred as a result of the
41 crime, based on the actual cost of repair (or replacement if repair
42 is inappropriate);
2022 IN 414—LS 6821/DI 106 88
1 (2) medical and hospital costs incurred by the victim (before the
2 date of sentencing) as a result of the crime;
3 (3) the cost of medical laboratory tests to determine if the crime
4 has caused the victim to contract a disease or other medical
5 condition;
6 (4) earnings lost by the victim (before the date of sentencing) as
7 a result of the crime including earnings lost while the victim was
8 hospitalized or participating in the investigation or trial of the
9 crime; and
10 (5) funeral, burial, or cremation costs incurred by the family or
11 estate of a homicide victim as a result of the crime.
12 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
13 a judgment lien that:
14 (1) attaches to the property of the person subject to the order;
15 (2) may be perfected;
16 (3) may be enforced to satisfy any payment that is delinquent
17 under the restitution order by the person in whose favor the order
18 is issued or the person's assignee; and
19 (4) expires;
20 in the same manner as a judgment lien created in a civil proceeding.
21 (c) When a restitution order is issued under subsection (a), the
22 issuing court may order the person to pay the restitution, or part of the
23 restitution, directly to:
24 (1) the victim services division of the Indiana criminal justice
25 institute in an amount not exceeding:
26 (A) the amount of the award, if any, paid to the victim under
27 IC 5-2-6.1; and
28 (B) the cost of the reimbursements, if any, for emergency
29 services provided to the victim under IC 16-10-1.5 (before its
30 repeal) or IC 16-21-8; or
31 (2) a probation department that shall forward restitution or part of
32 restitution to:
33 (A) a victim of a crime;
34 (B) a victim's estate; or
35 (C) the family of a victim who is deceased.
36 The victim services division of the Indiana criminal justice institute
37 shall deposit the restitution it receives under this subsection in the
38 violent crime victims compensation fund established by IC 5-2-6.1-40.
39 (d) When a restitution order is issued under subsection (a), (i), (j),
40 or (l), or (m), the issuing court shall send a certified copy of the order
41 to the clerk of the circuit court in the county where the felony or
42 misdemeanor charge was filed. The restitution order must include the
2022 IN 414—LS 6821/DI 106 89
1 following information:
2 (1) The name and address of the person that is to receive the
3 restitution.
4 (2) The amount of restitution the person is to receive.
5 Upon receiving the order, the clerk shall enter and index the order in
6 the circuit court judgment docket in the manner prescribed by
7 IC 33-32-3-2. The clerk shall also notify the department of insurance
8 of an order of restitution under subsection (i).
9 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
10 does not bar a civil action for:
11 (1) damages that the court did not require the person to pay to the
12 victim under the restitution order but arise from an injury or
13 property damage that is the basis of restitution ordered by the
14 court; and
15 (2) other damages suffered by the victim.
16 (f) Regardless of whether restitution is required under subsection (a)
17 as a condition of probation or other sentence, the restitution order is not
18 discharged by the completion of any probationary period or other
19 sentence imposed for a felony or misdemeanor.
20 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
21 not discharged by the liquidation of a person's estate by a receiver
22 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
23 IC 34-1-12, or IC 34-2-7 before their repeal).
24 (h) The attorney general may pursue restitution ordered by the court
25 under subsections (a) and (c) on behalf of the victim services division
26 of the Indiana criminal justice institute established under IC 5-2-6-8.
27 (i) The court may order the person convicted of an offense under
28 IC 35-43-9 to make restitution to the victim of the crime. The court
29 shall base its restitution order upon a consideration of the amount of
30 money that the convicted person converted, misappropriated, or
31 received, or for which the convicted person conspired. The restitution
32 order issued for a violation of IC 35-43-9 must comply with
33 subsections (b), (d), (e), and (g), and is not discharged by the
34 completion of any probationary period or other sentence imposed for
35 a violation of IC 35-43-9.
36 (j) The court may order the person convicted of an offense under
37 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
38 victim's estate, or the family of a victim who is deceased. The court
39 shall base its restitution order upon a consideration of the amount of
40 fraud or harm caused by the convicted person and any reasonable
41 expenses (including lost wages) incurred by the victim in correcting the
42 victim's credit report and addressing any other issues caused by the
2022 IN 414—LS 6821/DI 106 90
1 commission of the offense under IC 35-43-5-3.5. If, after a person is
2 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
3 estate, or the family of a victim discovers or incurs additional expenses
4 that result from the convicted person's commission of the offense under
5 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
6 to require the convicted person to make restitution, even if the court
7 issued a restitution order at the time of sentencing. For purposes of
8 entering a restitution order after sentencing, a court has continuing
9 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
10 for five (5) years after the date of sentencing. Each restitution order
11 issued for a violation of IC 35-43-5-3.5 must comply with subsections
12 (b), (d), (e), and (g), and is not discharged by the completion of any
13 probationary period or other sentence imposed for an offense under
14 IC 35-43-5-3.5.
15 (k) The court shall order a person convicted of an offense under
16 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
17 equal to the greater of the following:
18 (1) The gross income or value to the person of the victim's labor
19 or services.
20 (2) The value of the victim's labor as guaranteed under the
21 minimum wage and overtime provisions of:
22 (A) the federal Fair Labor Standards Act of 1938, as amended
23 (29 U.S.C. 201-209); or
24 (B) IC 22-2-2 (Minimum Wage);
25 whichever is greater.
26 (l) The court shall order a person who:
27 (1) is convicted of dealing in methamphetamine under
28 IC 35-48-4-1.1 or manufacturing methamphetamine under
29 IC 35-48-4-1.2; and
30 (2) manufactured the methamphetamine on property owned by
31 another person, without the consent of the property owner;
32 to pay liquidated damages to the property owner in the amount of ten
33 thousand dollars ($10,000) or to pay actual damages to the property
34 owner, including lost rent and the costs of decontamination by a
35 qualified inspector certified under IC 16-19-3.1.
36 (m) The court shall order a person who:
37 (1) is convicted of dealing in marijuana under
38 IC 35-48-4-10(a)(1)(A); and
39 (2) manufactured the marijuana on property owned by another
40 person, without the consent of the property owner;
41 to pay liquidated damages to the property owner in the amount of two
42 thousand dollars ($2,000).
2022 IN 414—LS 6821/DI 106 91
1 SECTION 24. IC 35-52-7-97 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 97. IC 7.1-8-12-13 defines a crime
4 concerning cannabis.
5 SECTION 25. IC 35-52-7-98 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 98. IC 7.1-8-14-8 defines a crime
8 concerning cannabis.
9 SECTION 26. IC 35-52-7-99 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2022]: Sec. 99. IC 7.1-8-15-5 defines a crime
12 concerning cannabis.
13 SECTION 27. IC 35-52-7-100 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2022]: Sec. 100. IC 7.1-8-19-3 defines a crime
16 concerning cannabis.
17 SECTION 28. IC 35-52-7-101 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2022]: Sec. 101. IC 7.1-8-19-4 defines a crime
20 concerning cannabis.
21 SECTION 29. IC 35-52-7-102 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2022]: Sec. 102. IC 7.1-8-19-6 defines a crime
24 concerning cannabis.
25 SECTION 30. IC 36-1-8.5-4, AS ADDED BY P.L.106-2013,
26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 4. As used in this chapter, "law enforcement
28 officer" means an individual who is employed or was formerly
29 employed as:
30 (1) a police officer (including a correctional police officer),
31 sheriff, constable, marshal, prosecuting attorney, special
32 prosecuting attorney, special deputy prosecuting attorney, the
33 securities commissioner, or the inspector general;
34 (2) a deputy of any of the persons specified in subdivision (1);
35 (3) an investigator for a prosecuting attorney or for the inspector
36 general;
37 (4) a conservation officer;
38 (5) an enforcement officer of the alcohol and tobacco commission
39 or of the cannabis commission; or
40 (6) an enforcement officer of the securities division of the office
41 of the secretary of state.
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