Indiana 2023 Regular Session

Indiana House Bill HB1039 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1039
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5-41.1; IC 6-2.5-5-58; IC 6-7; IC 7.1-8;
7	7	IC 7.1-9; IC 9-30; IC 35-31.5-2-186.4; IC 35-38-9-1.5; IC 35-46-9-6;
8	8	IC 35-48-4.
9	9	Synopsis: Medical and adult use cannabis. After marijuana is removed
10	10	as a federal schedule I controlled substance, permits the use of
11	11	cannabis by: (1) a person at least 21 years of age; and (2) a person with
12	12	a serious medical condition as determined by the person's physician.
13	13	Establishes the adult use cannabis excise tax, and requires a retailer to
14	14	transfer the tax to the department of state revenue for deposit in the
15	15	state general fund. Exempts veterans from payment of the sales tax on
16	16	medical or adult use cannabis. Establishes a cannabis program to
17	17	permit the cultivation, processing, testing, transportation, and sale of
18	18	cannabis by holders of a valid permit. Establishes the Indiana cannabis
19	19	commission (ICC) as a state agency to oversee, implement, and enforce
20	20	the program, and establishes the ICC advisory committee to review the
21	21	effectiveness of the program. Requires that permit holders take steps
22	22	to prevent diversion of cannabis to unauthorized persons. Requires that
23	23	cannabis and cannabis products be properly labeled, placed in child
24	24	resistant packaging, and tested by an independent testing laboratory
25	25	before being made available for purchase. Prohibits packaging
26	26	cannabis in a manner that is appealing to children. Authorizes research
27	27	on cannabis in accordance with rules set forth by the ICC. Establishes
28	28	a procedure for the expungement of a cannabis related conviction if the
29	29	act constituting the conviction becomes legal. Makes conforming
30	30	amendments.
31	31	Effective: July 1, 2023.
32	32	Teshka, Bartels, Miller D, Moed
33	33	January 9, 2023, read first time and referred to Committee on Public Health.
34	34	2023 IN 1039—LS 6490/DI 106 Introduced
35	35	First Regular Session of the 123rd General Assembly (2023)
36	36	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
37	37	Constitution) is being amended, the text of the existing provision will appear in this style type,
38	38	additions will appear in this style type, and deletions will appear in this style type.
39	39	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
40	40	provision adopted), the text of the new provision will appear in this style type. Also, the
41	41	word NEW will appear in that style type in the introductory clause of each SECTION that adds
42	42	a new provision to the Indiana Code or the Indiana Constitution.
43	43	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
44	44	between statutes enacted by the 2022 Regular Session of the General Assembly.
45	45	HOUSE BILL No. 1039
46	46	A BILL FOR AN ACT to amend the Indiana Code concerning
47	47	criminal law and procedure.
48	48	Be it enacted by the General Assembly of the State of Indiana:
49	49	1 SECTION 1. IC 2-5-41.1 IS ADDED TO THE INDIANA CODE
50	50	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
51	51	3 JULY 1, 2023]:
52	52	4 Chapter 41.1. ICC Advisory Committee
53	53	5 Sec. 1. The following definitions apply throughout this chapter:
54	54	6 (1) "Advisory committee" means the ICC advisory committee
55	55	7 established by section 2 of this chapter.
56	56	8 (2) "ICC" means the Indiana cannabis commission
57	57	9 established by IC 7.1-9-2-1.
58	58	10 Sec. 2. The ICC advisory committee is established.
59	59	11 Sec. 3. (a) The advisory committee consists of the following four
60	60	12 (4) voting members and eight (8) nonvoting members:
61	61	13 (1) One (1) legislative member appointed by the speaker.
62	62	14 (2) One (1) legislative member appointed by the minority
63	63	15 leader of the house of representatives.
64	64	16 (3) One (1) legislative member appointed by the president pro
65	65	17 tempore.
66	66	2023 IN 1039—LS 6490/DI 106 2
67	67	1 (4) One (1) legislative member appointed by the minority
68	68	2 leader of the senate.
69	69	3 (5) One (1) representative of law enforcement, appointed as a
70	70	4 nonvoting member by the speaker.
71	71	5 (6) One (1) individual having experience in the treatment of
72	72	6 medical conditions by means of cannabis as a patient,
73	73	7 physician, or caregiver, appointed as a nonvoting member by
74	74	8 the president pro tempore.
75	75	9 (7) The commissioner of the department of state revenue or
76	76	10 the commissioner's designee, who serves as a nonvoting
77	77	11 member.
78	78	12 (8) The director of the department of agriculture or the
79	79	13 director's designee, who serves as a nonvoting member.
80	80	14 (9) The state health commissioner or the commissioner's
81	81	15 designee, who serves as a nonvoting member.
82	82	16 (10) A representative of an Indiana based cannabis trade
83	83	17 organization, appointed by the speaker as a nonvoting
84	84	18 member.
85	85	19 (11) A representative of an experienced manufacturer of low
86	86	20 THC hemp extract, appointed by the president pro tempore
87	87	21 as a nonvoting member.
88	88	22 (12) An experienced hemp grower, appointed by the state seed
89	89	23 commissioner as a nonvoting member.
90	90	24 (b) The chairperson of the legislative council shall annually
91	91	25 select one (1) of the voting members to serve as chairperson.
92	92	26 Sec. 4. (a) A legislative member of the advisory committee may
93	93	27 be removed at any time by the appointing authority who appointed
94	94	28 the legislative member.
95	95	29 (b) If a vacancy exists on the advisory committee, the appointing
96	96	30 authority who appointed the former member whose position has
97	97	31 become vacant shall appoint an individual to fill the vacancy.
98	98	32 Sec. 5. Each member of the advisory committee is entitled to
99	99	33 receive the same per diem, mileage, and travel allowances paid to
100	100	34 individuals who serve as legislative and lay members, respectively,
101	101	35 of interim study committees established by the legislative council.
102	102	36 Sec. 6. The affirmative votes of a majority of the voting
103	103	37 members appointed to the advisory committee are required for the
104	104	38 advisory committee to take action on any measure, including final
105	105	39 reports.
106	106	40 Sec. 7. The advisory committee shall do the following, as
107	107	41 applicable:
108	108	42 (1) Review rules adopted by the ICC.
109	109	2023 IN 1039—LS 6490/DI 106 3
110	110	1 (2) Review legislative proposals suggested by the ICC.
111	111	2 (3) Evaluate the cannabis research and development program
112	112	3 under IC 7.1-9-5.
113	113	4 (4) Evaluate the operation of the medical and adult use
114	114	5 cannabis programs.
115	115	6 (5) Before the legalization date (as defined in
116	116	7 IC 35-31.5-2-186.4), meet, adopt rules, consider testimony,
117	117	8 make recommendations, and take any other action to prepare
118	118	9 for and in anticipation of the legalization of medical and adult
119	119	10 use cannabis.
120	120	11 (6) Consider any other matter that has bearing on the
121	121	12 operation of the medical and adult use cannabis programs.
122	122	13 SECTION 2. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
123	123	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
124	124	15 1, 2023]: Sec. 58. Transactions involving medical cannabis (as
125	125	16 defined in IC 7.1-8-1-1) and adult use cannabis (as defined in
126	126	17 IC 7.1-8-1-1) are exempt from the state gross retail tax if the
127	127	18 person acquiring the cannabis is a veteran (as defined in
128	128	19 IC 23-14-54.5-5).
129	129	20 SECTION 3. IC 6-7-3-0.5 IS ADDED TO THE INDIANA CODE
130	130	21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
131	131	22 1, 2023]: Sec. 0.5. This chapter does not apply after the legalization
132	132	23 date (as defined in IC 35-31.5-2-186.4).
133	133	24 SECTION 4. IC 6-7-5 IS ADDED TO THE INDIANA CODE AS
134	134	25 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
135	135	26 1, 2023]:
136	136	27 Chapter 5. Adult Use Cannabis Excise Tax
137	137	28 Sec. 0.5. This chapter applies after the legalization date (as
138	138	29 defined in IC 35-31.5-2-186.4).
139	139	30 Sec. 1. The following definitions apply throughout this chapter:
140	140	31 (1) "Adult use cannabis" has the meaning set forth in
141	141	32 IC 7.1-8-1-1.
142	142	33 (2) "Department" means the department of state revenue.
143	143	34 (3) "Medical cannabis" has the meaning set forth in
144	144	35 IC 7.1-8-1-1.
145	145	36 (4) "Qualified retailer" has the meaning set forth in
146	146	37 IC 7.1-8-1-1.
147	147	38 Sec. 2. The adult use cannabis excise tax is imposed on adult use
148	148	39 cannabis sold in Indiana. The adult use cannabis excise tax is not
149	149	40 imposed on medical cannabis.
150	150	41 Sec. 3. The adult use cannabis excise tax is:
151	151	42 (1) one percent (1%) of the gross retail income received by the
152	152	2023 IN 1039—LS 6490/DI 106 4
153	153	1 qualified retailer for the purchase of adult use cannabis,
154	154	2 during the first state fiscal year in which the sale of cannabis
155	155	3 becomes legal under IC 7.1-8;
156	156	4 (2) two percent (2%) of the gross retail income received by the
157	157	5 qualified retailer for the purchase of adult use cannabis,
158	158	6 during the second state fiscal year in which the sale of
159	159	7 cannabis becomes legal under IC 7.1-8; and
160	160	8 (3) three percent (3%) of the gross retail income received by
161	161	9 the qualified retailer for the purchase of adult use cannabis,
162	162	10 during and after the third state fiscal year in which the sale of
163	163	11 cannabis becomes legal under IC 7.1-8.
164	164	12 Sec. 4. A qualified retailer shall collect the adult use cannabis
165	165	13 excise tax at the time the adult use cannabis is dispensed.
166	166	14 Sec. 5. Before the fifteenth day of each month, each qualified
167	167	15 retailer liable for the tax imposed by this chapter shall:
168	168	16 (1) file a return with the department that includes all
169	169	17 information required by the department, including the:
170	170	18 (A) name of the qualified retailer;
171	171	19 (B) address of the qualified retailer;
172	172	20 (C) invoice date;
173	173	21 (D) invoice number; and
174	174	22 (E) gross retail income received from the sale of adult use
175	175	23 cannabis dispensed during the preceding month; and
176	176	24 (2) pay the tax for which it is liable under this chapter for the
177	177	25 preceding month, minus the amount specified in section 6 of
178	178	26 this chapter.
179	179	27 All returns required to be filed and taxes required to be paid under
180	180	28 this chapter must be made in an electronic format prescribed by
181	181	29 the department.
182	182	30 Sec. 6. A qualified retailer that files a complete return and pays
183	183	31 the tax due within the time specified in section 5 of this chapter is
184	184	32 entitled to deduct and retain from the tax a collection allowance of
185	185	33 seven-thousandths (0.007) of the amount due. If a qualified retailer
186	186	34 files an incomplete report, the department may reduce the
187	187	35 collection allowance by an amount that does not exceed the lesser
188	188	36 of:
189	189	37 (1) ten percent (10%) of the collection allowance; or
190	190	38 (2) fifty dollars ($50).
191	191	39 Sec. 7. The department shall deposit the taxes collected under
192	192	40 this chapter in the state general fund.
193	193	41 SECTION 5. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
194	194	42 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
195	195	2023 IN 1039—LS 6490/DI 106 5
196	196	1 2023]:
197	197	2 ARTICLE 8. CANNABIS
198	198	3 Chapter 0.5. Application
199	199	4 Sec. 1. This article applies on July 1 following the date that the
200	200	5 United States removes marijuana as a schedule I controlled
201	201	6 substance.
202	202	7 Chapter 1. Definitions
203	203	8 Sec. 1. The following definitions apply throughout this article:
204	204	9 (1) "Adult cannabis user" means a person at least twenty-one
205	205	10 (21) years of age who has not been issued a patient or
206	206	11 caregiver identification card, unless the patient or caregiver
207	207	12 identification card has expired.
208	208	13 (2) "Adult use cannabis" means cannabis for use by a person
209	209	14 at least twenty-one (21) years of age.
210	210	15 (3) "Cannabis" means any part of the plant genus Cannabis.
211	211	16 (4) "Cannabis organization" means a qualified retailer, a
212	212	17 grower, a processor, or a testing laboratory.
213	213	18 (5) "Caregiver" means the individual designated by a patient
214	214	19 under this article to obtain, possess, deliver, and assist in the
215	215	20 administration of cannabis to the patient.
216	216	21 (6) "Certification" means the certification issued to a patient
217	217	22 by a physician under this article.
218	218	23 (7) "Family or household member" means a person described
219	219	24 in IC 35-31.5-2-128.
220	220	25 (8) "Form of cannabis" means the characteristics of the
221	221	26 cannabis recommended for a particular patient, including the
222	222	27 method of consumption, and any particular dosage, strain,
223	223	28 variety, quantity, or percentage of cannabis or of a particular
224	224	29 active ingredient.
225	225	30 (9) "Grower" means a person that holds a permit issued by
226	226	31 the ICC to grow cannabis.
227	227	32 (10) "ICC" means the Indiana cannabis commission
228	228	33 established by IC 7.1-9-2-1.
229	229	34 (11) "ICC committee" means the ICC commissioners
230	230	35 described in IC 7.1-9-2.
231	231	36 (12) "INSPECT" means the Indiana scheduled prescription
232	232	37 electronic collection and tracking program established by
233	233	38 IC 25-1-13-4.
234	234	39 (13) "Medical cannabis" means cannabis for medical use.
235	235	40 (14) "Patient" means an individual who:
236	236	41 (A) has a serious medical condition; and
237	237	42 (B) meets the requirements for certification for the use of
238	238	2023 IN 1039—LS 6490/DI 106 6
239	239	1 cannabis under this article.
240	240	2 (15) "Patient or caregiver identification card" means a
241	241	3 document issued to a patient or caregiver by the ICC
242	242	4 authorizing access to cannabis.
243	243	5 (16) "Permit" means an authorization issued by the ICC to a
244	244	6 cannabis organization to conduct activities under this article.
245	245	7 (17) "Processor" means a person that holds a permit issued by
246	246	8 the ICC to process or convert cannabis into a marketable
247	247	9 form.
248	248	10 (18) "Qualified retailer" means a person that holds a permit
249	249	11 issued by the ICC to sell cannabis.
250	250	12 (19) "Serious medical condition" means a medical condition
251	251	13 for which, in the professional opinion of a physician, the
252	252	14 benefits of treatment with cannabis are greater than the risks
253	253	15 of treatment with cannabis.
254	254	16 (20) "Testing laboratory" means a laboratory that analyzes
255	255	17 cannabis.
256	256	18 (21) "Transporter" means a person who transports cannabis
257	257	19 or paraphernalia. The term includes a person who does not
258	258	20 possess a permit or patient or caregiver identification card.
259	259	21 Chapter 2. Cannabis Program
260	260	22 Sec. 1. (a) The cannabis program is established to serve:
261	261	23 (1) patients suffering from a serious medical condition; and
262	262	24 (2) adult cannabis users.
263	263	25 (b) The ICC shall administer the program.
264	264	26 (c) The ICC has regulatory, enforcement, and exporting
265	265	27 authority over the growing, processing, sale, transporting, and use
266	266	28 of medical and adult use cannabis. The ICC shall contract with the
267	267	29 state chemist for the testing and growing of medical and adult use
268	268	30 cannabis.
269	269	31 Sec. 2. The ICC shall do the following:
270	270	32 (1) Issue a permit to a qualifying cannabis organization
271	271	33 authorizing it to grow, process, sell, or test cannabis.
272	272	34 (2) Establish and maintain an electronic data base to store
273	273	35 and track information relating to the cannabis program. The
274	274	36 data base must:
275	275	37 (A) have the ability to authenticate in real time a patient or
276	276	38 caregiver identification card presented to a qualified
277	277	39 retailer;
278	278	40 (B) track in real time the amount of cannabis provided to:
279	279	41 (i) a patient or caregiver; or
280	280	42 (ii) an adult cannabis user;
281	281	2023 IN 1039—LS 6490/DI 106 7
282	282	1 at a qualified retailer, share this information in real time
283	283	2 with other qualified retailers to prevent diversion, and
284	284	3 issue a "stop sale" warning if a purchaser will exceed the
285	285	4 allowable amount of cannabis that the purchaser may
286	286	5 possess;
287	287	6 (C) store records relating to a certification, including, if
288	288	7 applicable, the recommended form of cannabis and any
289	289	8 early expiration date recommended by the physician; and
290	290	9 (D) track the cultivation, processing, transport, storage,
291	291	10 and sale of cannabis.
292	292	11 (3) Maintain within the ICC's data base an electronic
293	293	12 directory of patients and caregivers approved to use or assist
294	294	13 in the administration of medical cannabis.
295	295	14 (4) Develop enforcement procedures, including announced
296	296	15 and unannounced inspections of:
297	297	16 (A) a qualified retailer;
298	298	17 (B) a grower facility;
299	299	18 (C) a processor facility; and
300	300	19 (D) all records of a cannabis organization.
301	301	20 (5) Establish a program to authorize the use of cannabis for
302	302	21 research purposes, and issue documents to permit a
303	303	22 researcher to obtain cannabis for research purposes.
304	304	23 (6) Establish and maintain public outreach programs about
305	305	24 the cannabis program, including:
306	306	25 (A) a dedicated telephone number for adult cannabis users,
307	307	26 patients, caregivers, and members of the public to obtain
308	308	27 basic information about the sale of medical and adult use
309	309	28 cannabis; and
310	310	29 (B) a publicly accessible website containing information
311	311	30 similar to that described in clause (A).
312	312	31 (7) Collaborate as necessary with other state agencies, and
313	313	32 contract with third parties as necessary to carry out the
314	314	33 cannabis program, including public education campaigns
315	315	34 regarding the dangers of impaired driving and inappropriate
316	316	35 consumption by youth.
317	317	36 (8) Develop record keeping requirements for all books and
318	318	37 papers, any electronic data base or tracking system data, and
319	319	38 other information of a cannabis organization. Information
320	320	39 shall be retained for at least four (4) years unless otherwise
321	321	40 provided by the ICC.
322	322	41 (9) Restrict the advertising and marketing of cannabis, which
323	323	42 must be consistent with the federal regulations governing
324	324	2023 IN 1039—LS 6490/DI 106 8
325	325	1 prescription drug advertising and marketing.
326	326	2 Sec. 3. (a) The ICC shall adopt rules under IC 4-22-2 to
327	327	3 implement this article.
328	328	4 (b) The ICC may adopt emergency rules in the manner provided
329	329	5 under IC 4-22-2-37.1 to implement this article. Emergency rules
330	330	6 adopted under this subsection expire on the later of:
331	331	7 (1) the date permanent rules are adopted to replace the
332	332	8 emergency rules; or
333	333	9 (2) July 1, 2024.
334	334	10 Sec. 4. (a) The ICC shall maintain a confidential list of patients
335	335	11 and caregivers to whom it has issued patient or caregiver
336	336	12 identification cards. Except as provided in subsection (b), all
337	337	13 information obtained by the ICC relating to patients, caregivers,
338	338	14 and other applicants is confidential.
339	339	15 (b) The following records are public:
340	340	16 (1) An application for a permit submitted by a cannabis
341	341	17 organization.
342	342	18 (2) Information relating to penalties or other disciplinary
343	343	19 actions taken against a cannabis organization for violation of
344	344	20 this article.
345	345	21 Chapter 3. Use of Cannabis
346	346	22 Sec. 1. Notwithstanding any law to the contrary, the use,
347	347	23 possession, delivery, distribution, transport, cultivation, or
348	348	24 manufacture of:
349	349	25 (1) cannabis; or
350	350	26 (2) paraphernalia used in connection with cannabis;
351	351	27 is lawful if the use or possession complies with this article.
352	352	28 However, this article does not authorize a person to operate a
353	353	29 motor vehicle, a motorboat, or any other device or equipment
354	354	30 while under the influence of cannabis.
355	355	31 Sec. 2. The use of medical cannabis is subject to the following:
356	356	32 (1) Cannabis may be sold only to:
357	357	33 (A) a patient who receives a certification from a physician
358	358	34 and is in possession of a valid patient or caregiver
359	359	35 identification card issued by the ICC that authorizes sale
360	360	36 of cannabis to the patient;
361	361	37 (B) a caregiver who possesses a valid patient or caregiver
362	362	38 identification card issued by the ICC; or
363	363	39 (C) a research facility authorized by the ICC, under terms
364	364	40 and conditions established by the ICC.
365	365	41 (2) If a physician has ordered that cannabis be sold in a
366	366	42 specific form, cannabis may be sold only in that form.
367	367	2023 IN 1039—LS 6490/DI 106 9
368	368	1 (3) An individual may not act as a caregiver for more than ten
369	369	2 (10) patients.
370	370	3 (4) A patient may designate up to two (2) caregivers at any
371	371	4 one (1) time.
372	372	5 (5) Cannabis that has not been used by the patient shall be
373	373	6 kept in the original package in which it was sold.
374	374	7 (6) A patient or caregiver shall possess a patient or caregiver
375	375	8 identification card whenever the patient or caregiver is in
376	376	9 possession of cannabis.
377	377	10 Sec. 3. The use of adult use cannabis is subject to the following:
378	378	11 (1) Adult use cannabis may be sold only to an adult cannabis
379	379	12 user.
380	380	13 (2) In any thirty (30) day period, an adult cannabis user may
381	381	14 possess not more than one (1) ounce of cannabis.
382	382	15 (3) If cannabis is transported in a motor vehicle, it must be
383	383	16 kept in a secured and sealed container.
384	384	17 (4) An adult cannabis user may not cultivate cannabis.
385	385	18 (5) To purchase adult use cannabis, the purchaser must
386	386	19 present a valid, government issued photo identification card
387	387	20 displaying the person's date of birth.
388	388	21 Sec. 4. A product packaged by a cannabis organization may be
389	389	22 identified only by:
390	390	23 (1) the name of the grower or processor;
391	391	24 (2) the name of the qualified retailer;
392	392	25 (3) the form and species of cannabis;
393	393	26 (4) the percentage of tetrahydrocannabinol and cannabinol
394	394	27 contained in the product;
395	395	28 (5) the harvest or manufacture date, as applicable; and
396	396	29 (6) any other labeling required by the ICC.
397	397	30 Sec. 5. (a) Except as expressly otherwise provided in this article,
398	398	31 the possession or use of cannabis is unlawful.
399	399	32 (b) In addition to any other penalty provided by law, the
400	400	33 unlawful possession or use of cannabis may be a crime under
401	401	34 IC 35-48-4.
402	402	35 Sec. 6. The following acts are unlawful:
403	403	36 (1) To grow cannabis unless the person:
404	404	37 (A) is a grower that has received a permit from the ICC;
405	405	38 (B) is a patient with a valid patient or caregiver
406	406	39 identification card who is authorized to cultivate cannabis
407	407	40 for personal use under this article; or
408	408	41 (C) is a research facility authorized by the ICC.
409	409	42 (2) To sell cannabis unless the qualified retailer has received
410	410	2023 IN 1039—LS 6490/DI 106 10
411	411	1 a permit from the ICC.
412	412	2 Chapter 4. Physicians
413	413	3 Sec. 1. (a) A physician who issues a certification to a patient
414	414	4 under this article may not have an ownership interest in a cannabis
415	415	5 organization.
416	416	6 (b) A physician may issue a certification to a patient only if the
417	417	7 physician:
418	418	8 (1) establishes and intends to maintain a bona fide
419	419	9 physician-patient relationship with the patient for the
420	420	10 provision of medical services that is established by an
421	421	11 in-person visit and for which there is an expectation that the
422	422	12 physician will provide care to the patient on an ongoing basis;
423	423	13 or
424	424	14 (2) establishes coordination with the patient's existing
425	425	15 primary physician for treatment of the patient's serious
426	426	16 medical condition.
427	427	17 (c) A physician who violates this section may be subject to
428	428	18 professional discipline.
429	429	19 Sec. 2. A physician may issue a certification to use cannabis to
430	430	20 a patient if the following requirements are met:
431	431	21 (1) The physician has determined that the patient has a
432	432	22 serious medical condition and has included the serious
433	433	23 medical condition in the patient's health care record.
434	434	24 (2) The patient is under the physician's continuing care for the
435	435	25 serious medical condition, except as provided in section
436	436	26 1(b)(2) of this chapter.
437	437	27 (3) The physician has determined the patient is likely to
438	438	28 receive therapeutic or palliative benefit from the use of
439	439	29 cannabis.
440	440	30 Sec. 3. A physician issuing a certification under section 1(b)(2)
441	441	31 of this chapter may not issue a certification unless the physician
442	442	32 has contacted the patient's existing primary physician to discuss
443	443	33 the patient's serious medical condition and which form of cannabis
444	444	34 the patient is likely to benefit from.
445	445	35 Sec. 4. A certification must include the following information:
446	446	36 (1) The patient's name, date of birth, and address.
447	447	37 (2) The specific serious medical condition of the patient.
448	448	38 (3) A statement by the physician that the patient has a serious
449	449	39 medical condition and the patient is under continuing care for
450	450	40 the serious medical condition that is provided by:
451	451	41 (A) the physician; or
452	452	42 (B) the patient's existing primary physician (as described
453	453	2023 IN 1039—LS 6490/DI 106 11
454	454	1 under section 1(b)(2) of this chapter).
455	455	2 (4) The date of issuance.
456	456	3 (5) The name, address, telephone number, and signature of
457	457	4 the physician.
458	458	5 (6) Any requirement or limitation concerning the appropriate
459	459	6 form of cannabis, the maximum quantity of cannabis that the
460	460	7 patient may use, and any limitation on the duration of use, if
461	461	8 applicable.
462	462	9 Sec. 5. A physician shall do the following:
463	463	10 (1) Provide the certification to the patient.
464	464	11 (2) Provide a copy of the certification to the ICC, which shall
465	465	12 place the information in the patient directory within the ICC's
466	466	13 electronic data base. The certification may be transmitted to
467	467	14 the ICC electronically.
468	468	15 (3) File a copy of the certification in the patient's health care
469	469	16 record.
470	470	17 Sec. 6. A physician may not issue a certification for the
471	471	18 physician's own use or for the use of a family or household member
472	472	19 of the physician.
473	473	20 Chapter 5. Certification Form
474	474	21 Sec. 1. The ICC shall develop a standard certification form,
475	475	22 which the ICC shall provide to a physician upon request. The form
476	476	23 must be available electronically. The form must include a
477	477	24 statement that a false statement made by a physician is punishable
478	478	25 under the penalties of perjury.
479	479	26 Chapter 6. Patients
480	480	27 Sec. 1. The ICC shall issue a patient or caregiver identification
481	481	28 card to a patient who has a valid certification and who otherwise
482	482	29 meets the requirements of this article.
483	483	30 Sec. 2. The ICC shall issue a patient or caregiver identification
484	484	31 card to a caregiver designated by the patient in accordance with
485	485	32 this article.
486	486	33 Sec. 3. Except as provided in section 4 of this chapter, a patient
487	487	34 or caregiver identification card issued to a patient authorizes the
488	488	35 patient to obtain and use cannabis as authorized by this article.
489	489	36 Except as provided in section 4 of this chapter, a patient or
490	490	37 caregiver identification card issued to a caregiver authorizes the
491	491	38 caregiver to obtain cannabis on behalf of the patient.
492	492	39 Sec. 4. (a) A patient holding a valid patient or caregiver
493	493	40 identification card may cultivate cannabis for the patient's own use
494	494	41 if the patient complies with the following requirements:
495	495	42 (1) The patient notifies the ICC on or before the date that the
496	496	2023 IN 1039—LS 6490/DI 106 12
497	497	1 patient begins cultivation and informs the ICC of the number
498	498	2 of plants the patient intends to cultivate and the location of
499	499	3 cultivation.
500	500	4 (2) The patient cultivates not more than six (6) plants.
501	501	5 (3) Not more than three (3) of the plants may be mature at
502	502	6 any one (1) time.
503	503	7 (4) Cannabis from the plant is used only for the patient's
504	504	8 personal use.
505	505	9 (5) Not later than thirty (30) days before the expected date
506	506	10 that the plants become mature, the patient notifies the ICC of
507	507	11 the anticipated maturity date.
508	508	12 (b) If the mature plants of a patient cultivating cannabis for the
509	509	13 patient's own use die, become damaged, or are otherwise unable to
510	510	14 produce cannabis for medical use, the patient shall notify the ICC,
511	511	15 which shall reinstate the person's authorization to obtain cannabis
512	512	16 from a qualified retailer not later than fifteen (15) days after
513	513	17 receipt of the notice.
514	514	18 Chapter 7. Patient or Caregiver Identification Cards
515	515	19 Sec. 1. The ICC shall do the following:
516	516	20 (1) Review applications for patient or caregiver identification
517	517	21 cards.
518	518	22 (2) Review certifications submitted by physicians.
519	519	23 (3) Issue patient or caregiver identification cards to patients
520	520	24 and caregivers.
521	521	25 (4) Note in the electronic data base if a patient or caregiver
522	522	26 identification card may not be used to obtain cannabis from
523	523	27 a qualified retailer because the patient is cultivating the
524	524	28 patient's own cannabis.
525	525	29 Sec. 2. A patient or caregiver may apply, in a form and manner
526	526	30 prescribed by the ICC, for issuance or renewal of a patient or
527	527	31 caregiver identification card. A caregiver must submit a separate
528	528	32 application for issuance or renewal. Each application must include:
529	529	33 (1) the name, address, and date of birth of the patient;
530	530	34 (2) the name, address, and date of birth of a caregiver, if
531	531	35 applicable;
532	532	36 (3) a copy of the certification issued by the physician;
533	533	37 (4) the name, address, and telephone number of the physician;
534	534	38 (5) the signature of the applicant and the date signed; and
535	535	39 (6) any other information required by the ICC.
536	536	40 Sec. 3. The fee to apply for or to renew a patient or caregiver
537	537	41 identification card is fifty dollars ($50). The ICC may waive or
538	538	42 reduce the fee if the applicant demonstrates financial hardship.
539	539	2023 IN 1039—LS 6490/DI 106 13
540	540	1 Sec. 4. The ICC shall make application and renewal forms
541	541	2 available on the ICC's website.
542	542	3 Sec. 5. (a) The patient or caregiver identification card of a
543	543	4 patient or caregiver expires one (1) year after the date of issuance,
544	544	5 unless a physician has specified that a patient should use cannabis
545	545	6 for less than one (1) year.
546	546	7 (b) If a physician has specified that a patient's use of cannabis
547	547	8 should be limited to certain forms of cannabis, the types of
548	548	9 cannabis must be listed on the patient or caregiver identification
549	549	10 card.
550	550	11 Sec. 6. (a) The ICC shall issue separate patient or caregiver
551	551	12 identification cards for a patient and a caregiver as soon as
552	552	13 reasonably practicable after receiving a properly completed
553	553	14 application.
554	554	15 (b) If the ICC determines that an application is incomplete or
555	555	16 factually inaccurate, the ICC shall promptly notify the applicant.
556	556	17 (c) If a patient application designates an individual as a
557	557	18 caregiver who is not authorized to be a caregiver, the ICC shall
558	558	19 deny that portion of the application, but may approve the balance
559	559	20 of the application.
560	560	21 Sec. 7. (a) A patient or caregiver who has been issued a patient
561	561	22 or caregiver identification card shall notify the ICC not later than
562	562	23 ten (10) days after any change of name or address.
563	563	24 (b) A patient shall notify the ICC within ten (10) days if a
564	564	25 physician has determined the patient no longer has the serious
565	565	26 medical condition noted on the certification.
566	566	27 Sec. 8. (a) If the patient or caregiver identification card of a
567	567	28 patient or caregiver is lost, stolen, destroyed, or made illegible, the
568	568	29 patient or caregiver shall apply to the ICC for a replacement card
569	569	30 not later than ten (10) days after discovery of the loss or
570	570	31 defacement. The application for a replacement card shall be on a
571	571	32 form furnished by the ICC and accompanied by a twenty-five
572	572	33 dollar ($25) fee. The ICC may establish higher fees for issuance of
573	573	34 second and subsequent replacement patient or caregiver
574	574	35 identification cards.
575	575	36 (b) The ICC may waive or reduce the fee in cases of
576	576	37 demonstrated financial hardship.
577	577	38 (c) The ICC shall issue a replacement patient or caregiver
578	578	39 identification card as soon as practicable.
579	579	40 (d) A patient or caregiver may not obtain cannabis from a
580	580	41 qualified retailer until the ICC issues the replacement card.
581	581	42 Sec. 9. The patient or caregiver identification card must contain
582	582	2023 IN 1039—LS 6490/DI 106 14
583	583	1 the following information:
584	584	2 (1) The name of the patient or caregiver, as applicable. The
585	585	3 patient or caregiver identification card must also state
586	586	4 whether the individual is designated as a patient or as a
587	587	5 caregiver.
588	588	6 (2) The date of issuance and expiration date.
589	589	7 (3) A unique identification number for the patient or
590	590	8 caregiver, as applicable.
591	591	9 (4) A photograph of the individual to whom the patient or
592	592	10 caregiver identification card is issued.
593	593	11 (5) Any requirement or limitation set by the physician as to
594	594	12 the form of cannabis.
595	595	13 (6) Any other requirements as determined by the ICC.
596	596	14 However, the ICC may not require that a patient or caregiver
597	597	15 identification card disclose the patient's serious medical
598	598	16 condition.
599	599	17 The ICC shall establish guidelines specifying an acceptable
600	600	18 photograph under subdivision (4) and shall provide a reasonable
601	601	19 accommodation for a patient who is confined to the patient's home
602	602	20 or is in inpatient care.
603	603	21 Sec. 10. The ICC shall monthly transmit fees received under this
604	604	22 chapter to the auditor of state for deposit in the state general fund.
605	605	23 Chapter 8. Caregivers
606	606	24 Sec. 1. (a) A caregiver must be at least eighteen (18) years of
607	607	25 age.
608	608	26 (b) A caregiver may be less than twenty-one (21) years of age
609	609	27 only if the ICC determines that it is in the best interests of the
610	610	28 patient that a specific person less than twenty-one (21) years of age
611	611	29 serves as a caregiver.
612	612	30 Sec. 2. (a) A patient may terminate a person's designation as
613	613	31 caregiver at any time.
614	614	32 (b) The patient shall notify the ICC that the patient has
615	615	33 terminated the person's caregiver designation as soon as
616	616	34 reasonably practicable after the termination.
617	617	35 (c) Upon learning that a patient has terminated a person's
618	618	36 caregiver designation, the ICC shall cancel the caregiver's patient
619	619	37 or caregiver identification card and notify the caregiver to return
620	620	38 the physical copy of the card.
621	621	39 Sec. 3. If a patient designates a caregiver, the caregiver may
622	622	40 submit an application for a patient or caregiver identification card
623	623	41 as a caregiver. The caregiver application must include:
624	624	42 (1) the name, address, and date of birth of the caregiver;
625	625	2023 IN 1039—LS 6490/DI 106 15
626	626	1 (2) if the caregiver has a patient or caregiver identification
627	627	2 card for the caregiver (as a patient) or another patient (as a
628	628	3 caregiver), the expiration date of each patient or caregiver
629	629	4 identification card; and
630	630	5 (3) any other information required by the ICC.
631	631	6 The application must be signed and dated by the caregiver
632	632	7 applicant and verified under penalties of perjury.
633	633	8 Sec. 4. (a) Except as provided in subsection (c), before the
634	634	9 caregiver application is approved, the caregiver must authorize the
635	635	10 ICC to perform a national criminal history background check of
636	636	11 the caregiver.
637	637	12 (b) The caregiver is responsible for the fee for the national
638	638	13 criminal history background check.
639	639	14 (c) The ICC may conduct only one (1) national criminal history
640	640	15 background check of the caregiver per year.
641	641	16 Sec. 5. The caregiver shall pay an application fee of fifty dollars
642	642	17 ($50). The ICC may waive or reduce the fee in cases of
643	643	18 demonstrated financial hardship.
644	644	19 Sec. 6. After receiving the caregiver application, the fee, and the
645	645	20 results of the national criminal history background check, the ICC
646	646	21 shall:
647	647	22 (1) verify the information contained in the application; and
648	648	23 (2) review INSPECT with respect to the applicant.
649	649	24 Sec. 7. The ICC shall monthly transmit fees received under this
650	650	25 chapter to the auditor of state for deposit in the state general fund.
651	651	26 Chapter 9. Minor Patients
652	652	27 Sec. 1. If a patient is less than eighteen (18) years of age, the
653	653	28 following apply:
654	654	29 (1) The patient must have a caregiver.
655	655	30 (2) The caregiver must be:
656	656	31 (A) the patient's parent or legal guardian;
657	657	32 (B) an individual designated by a parent or legal guardian;
658	658	33 or
659	659	34 (C) an appropriate individual approved by the ICC on a
660	660	35 sufficient showing that no parent or legal guardian is
661	661	36 appropriate or available.
662	662	37 Chapter 10. Suspension
663	663	38 Sec. 1. If a patient or caregiver knowingly, intentionally, or
664	664	39 recklessly:
665	665	40 (1) violates any provision of this article; or
666	666	41 (2) transfers or sells cannabis to a person not qualified as a
667	667	42 patient under this article;
668	668	2023 IN 1039—LS 6490/DI 106 16
669	669	1 the ICC may suspend or revoke the patient's or caregiver's patient
670	670	2 or caregiver identification card. The suspension or revocation is in
671	671	3 addition to any criminal or other penalty.
672	672	4 Chapter 11. General Prohibitions
673	673	5 Sec. 1. A person may not operate a motor vehicle, including a
674	674	6 motorboat, while under the influence of cannabis.
675	675	7 Sec. 2. A person may not perform any employment duties in
676	676	8 exposed high places or in confined spaces while under the influence
677	677	9 of cannabis.
678	678	10 Sec. 3. A person's employer may prohibit an employee from
679	679	11 performing any task while under the influence of cannabis. The
680	680	12 prohibition is not an adverse employment decision or unlawful
681	681	13 discrimination even if the prohibition results in financial harm for
682	682	14 the employee.
683	683	15 Chapter 12. Cannabis Organizations
684	684	16 Sec. 1. The following entities may receive a permit to operate as
685	685	17 a cannabis organization to grow, process, or sell cannabis:
686	686	18 (1) A grower.
687	687	19 (2) A processor.
688	688	20 (3) A qualified retailer.
689	689	21 Sec. 2. (a) The ICC shall develop an application for a:
690	690	22 (1) grower permit allowing the grower to grow cannabis;
691	691	23 (2) qualified retailer permit allowing a qualified retailer to sell
692	692	24 cannabis;
693	693	25 (3) processor permit allowing a processor to process cannabis;
694	694	26 and
695	695	27 (4) testing laboratory permit allowing a testing laboratory to
696	696	28 test cannabis.
697	697	29 (b) The following information must be included on the permit
698	698	30 application:
699	699	31 (1) The name, address, telephone number, and other contact
700	700	32 information for every person having an ownership interest in
701	701	33 the cannabis organization.
702	702	34 (2) Information relating to a similar permit, license, or other
703	703	35 authorization granted in another jurisdiction, including any
704	704	36 suspensions, revocations, or discipline in that jurisdiction.
705	705	37 (3) A release authorizing the ICC to conduct a background
706	706	38 check of the persons having an ownership interest in the
707	707	39 cannabis organization.
708	708	40 (4) A statement as to whether the applicant intends to operate
709	709	41 as a grower, a processor, or a qualified retailer, and a concise
710	710	42 description of the business activities in which the cannabis
711	711	2023 IN 1039—LS 6490/DI 106 17
712	712	1 organization intends to engage.
713	713	2 (5) The address or other location where the cannabis
714	714	3 organization intends to operate.
715	715	4 (6) A statement that no person having an ownership interest
716	716	5 in the cannabis organization has a felony conviction related to
717	717	6 the production, possession, or sale of marijuana that has not
718	718	7 been expunged and that was entered within the three (3) years
719	719	8 prior to submission of the permit application.
720	720	9 (7) Any other information required by the ICC.
721	721	10 (c) A permit application described in this section shall be
722	722	11 verified and completed subject to the penalties of perjury.
723	723	12 (d) An applicant shall submit the appropriate application and
724	724	13 permit fees at the time the applicant submits the application.
725	725	14 Chapter 13. Cannabis Organization Permits
726	726	15 Sec. 1. Subject to the limits and conditions described in section
727	727	16 10 of this chapter, the ICC may grant a cannabis organization
728	728	17 permit if the ICC makes the following findings:
729	729	18 (1) The applicant will maintain effective control of cannabis
730	730	19 in the custody of the applicant.
731	731	20 (2) The applicant will comply with all state statutes, all rules
732	732	21 adopted by the ICC, and any ordinances adopted by a
733	733	22 governmental unit.
734	734	23 (3) The applicant has the ability to properly carry out the
735	735	24 activity for which the permit is sought.
736	736	25 (4) The applicant has sufficient financial means to acquire all
737	737	26 property, equipment, and permits required to properly grow,
738	738	27 process, or sell cannabis.
739	739	28 (5) The applicant is able to implement and maintain
740	740	29 appropriate security, tracking, record keeping, and
741	741	30 surveillance systems relating to the acquisition, possession,
742	742	31 growth, manufacture, delivery, transportation, distribution,
743	743	32 or sale of cannabis.
744	744	33 (6) The applicant satisfies any other conditions required
745	745	34 under rules adopted by the ICC.
746	746	35 (7) Granting a permit to the applicant serves the public
747	747	36 interest.
748	748	37 Sec. 2. If the ICC finds that information included in the
749	749	38 application is insufficient for the ICC to grant a permit to the
750	750	39 cannabis organization, the ICC may request that the applicant
751	751	40 submit additional documentation relating to one (1) or more items
752	752	41 listed in section 1 of this chapter.
753	753	42 Sec. 3. (a) Except as provided under subsection (b), a permit
754	754	2023 IN 1039—LS 6490/DI 106 18
755	755	1 granted under this chapter is nontransferable.
756	756	2 (b) A permit holder may transfer a permit to a person
757	757	3 authorized to hold a permit in accordance with rules adopted by
758	758	4 the ICC if:
759	759	5 (1) the permit holder has held the permit for at least
760	760	6 twenty-four (24) months; or
761	761	7 (2) the transfer is necessary due to the death or disability of
762	762	8 the permit holder or a similar severe hardship. For purposes
763	763	9 of this subdivision, financial hardship is not a severe hardship.
764	764	10 Sec. 4. A permit granted under this application is valid for one
765	765	11 (1) year after the date of issuance.
766	766	12 Sec. 5. (a) A permit may be renewed for one (1) or more
767	767	13 additional one (1) year periods.
768	768	14 (b) The ICC shall establish deadlines for filing a renewal
769	769	15 application that provide the ICC with sufficient time to review the
770	770	16 application without causing an interruption in the cannabis
771	771	17 organization's activities.
772	772	18 (c) The same standards that apply for granting an initial
773	773	19 application apply to an application for renewal. In determining
774	774	20 whether the renewal of a permit serves the public interest, the ICC
775	775	21 shall consider the manner in which the renewal applicant has
776	776	22 operated the cannabis organization and complied with all relevant
777	777	23 laws.
778	778	24 Sec. 6. A permit issued by the ICC to a cannabis organization
779	779	25 must include the following information:
780	780	26 (1) The name and address of the cannabis organization.
781	781	27 (2) The type of permit.
782	782	28 (3) The activities that are permitted under the permit.
783	783	29 (4) A description of the property and facilities authorized to
784	784	30 be used by the cannabis organization.
785	785	31 (5) Any other information required by the ICC.
786	786	32 Sec. 7. The ICC may suspend or revoke all or part of a permit
787	787	33 granted under this chapter if, following a hearing, the ICC finds
788	788	34 any of the following:
789	789	35 (1) That one (1) or more of the determinations made under
790	790	36 section 1 of this chapter are no longer valid.
791	791	37 (2) That the cannabis organization knowingly or intentionally
792	792	38 sold or distributed cannabis to a person not permitted to
793	793	39 receive cannabis under this article.
794	794	40 (3) That the cannabis organization has failed to maintain
795	795	41 effective control against diversion of cannabis.
796	796	42 (4) That the cannabis organization has violated a provision of
797	797	2023 IN 1039—LS 6490/DI 106 19
798	798	1 this article or a rule adopted by the ICC.
799	799	2 (5) That the cannabis organization has failed to comply with
800	800	3 another law regulating controlled substances.
801	801	4 Sec. 8. (a) An applicant for a cannabis organization permit has
802	802	5 a continuing duty to notify the ICC of any material change in facts
803	803	6 or circumstances relating to the applicant's application, including
804	804	7 a change in ownership.
805	805	8 (b) An applicant's duty to notify the ICC begins on the date the
806	806	9 applicant submits the application and continues for as long as the
807	807	10 applicant holds a permit.
808	808	11 Sec. 9. The ICC may, upon request of a permit holder, amend an
809	809	12 existing permit to authorize a permit holder to:
810	810	13 (1) move the permit holder's operations from one (1) location
811	811	14 to another; or
812	812	15 (2) perform additional activities, or cease the performance of
813	813	16 certain activities now performed, at the permit holder's
814	814	17 facility;
815	815	18 if the ICC finds that the amendment is reasonable under the
816	816	19 circumstances.
817	817	20 Sec. 10. (a) The ICC shall initially issue:
818	818	21 (1) ten (10) processor permits; and
819	819	22 (2) one hundred (100) grower permits.
820	820	23 (b) The ICC shall ensure that, to the extent practicable:
821	821	24 (1) at least one (1) processor permit is issued for a facility
822	822	25 located in each geographical region described in
823	823	26 IC 10-11-2-5(d);
824	824	27 (2) at least three (3) grower permits are issued for cultivation
825	825	28 in each geographical region described in IC 10-11-2-5(d); and
826	826	29 (3) the persons receiving a permit reflect the diversity and
827	827	30 makeup of Indiana.
828	828	31 (c) The ICC may issue additional licenses in order to meet the
829	829	32 demand for cannabis in Indiana and to ensure a competitive
830	830	33 market. The ICC shall annually complete a market analysis to
831	831	34 determine whether additional licenses are needed to continue the
832	832	35 capture of market share from illicit sources. The ICC shall hold
833	833	36 public hearings as part of the market analysis to hear from
834	834	37 consumers, market stakeholders, and potential new applicants.
835	835	38 Chapter 14. General Duties of a Permit Holder
836	836	39 Sec. 1. The holder of a cannabis organization permit must do the
837	837	40 following:
838	838	41 (1) Report the loss, theft, or unexplained disappearance of
839	839	42 cannabis to a law enforcement agency not later than
840	840	2023 IN 1039—LS 6490/DI 106 20
841	841	1 twenty-four (24) hours after the loss, theft, or disappearance
842	842	2 is discovered.
843	843	3 (2) Permit announced or unannounced inspections by the ICC
844	844	4 of all cannabis organization facilities and records.
845	845	5 Chapter 15. Application and Permit Fees
846	846	6 Sec. 1. The following fees apply to a grower:
847	847	7 (1) A nonrefundable grower permit application fee of five
848	848	8 hundred dollars ($500).
849	849	9 (2) A refundable grower permit fee of two thousand five
850	850	10 hundred dollars ($2,500).
851	851	11 (3) A refundable grower permit renewal fee of one thousand
852	852	12 dollars ($1,000).
853	853	13 (4) A nonrefundable permit amendment fee of two hundred
854	854	14 fifty dollars ($250).
855	855	15 Sec. 2. The following fees apply to a processor:
856	856	16 (1) A nonrefundable processor permit application fee of two
857	857	17 thousand five hundred dollars ($2,500).
858	858	18 (2) A refundable processor permit fee of ten thousand dollars
859	859	19 ($10,000).
860	860	20 (3) A refundable processor permit renewal fee of five
861	861	21 thousand dollars ($5,000).
862	862	22 (4) A nonrefundable permit amendment fee of two hundred
863	863	23 fifty dollars ($250).
864	864	24 Sec. 3. The following fees apply to a qualified retailer:
865	865	25 (1) A nonrefundable qualified retailer permit application fee
866	866	26 of two hundred dollars ($200).
867	867	27 (2) A refundable qualified retailer permit fee of one thousand
868	868	28 dollars ($1,000) for each qualified retailer location.
869	869	29 (3) A refundable qualified retailer permit renewal fee of seven
870	870	30 hundred fifty dollars ($750) for each qualified retailer
871	871	31 location.
872	872	32 (4) A nonrefundable permit amendment fee of two hundred
873	873	33 fifty dollars ($250).
874	874	34 Sec. 4. The following fees apply to a testing laboratory:
875	875	35 (1) A nonrefundable testing laboratory permit application fee
876	876	36 of one thousand dollars ($1,000).
877	877	37 (2) A refundable testing laboratory permit fee of two
878	878	38 thousand five hundred dollars ($2,500) for each testing
879	879	39 laboratory location.
880	880	40 (3) A refundable testing laboratory permit renewal fee of two
881	881	41 thousand dollars ($2,000) for each testing laboratory location.
882	882	42 (4) A nonrefundable permit amendment fee of two hundred
883	883	2023 IN 1039—LS 6490/DI 106 21
884	884	1 fifty dollars ($250).
885	885	2 Sec. 5. An applicant must submit the application fee and permit
886	886	3 fee at the time the applicant submits the application.
887	887	4 Sec. 6. (a) The ICC shall retain the application fee even if the
888	888	5 application is not approved.
889	889	6 (b) The ICC shall refund the permit fee and renewal fee if the
890	890	7 permit or renewal is not approved. However, the permit fee and
891	891	8 renewal fee are not refundable if the permit is initially granted but
892	892	9 later suspended or revoked.
893	893	10 (c) The ICC shall retain the amendment fee even if the
894	894	11 application for amendment is not approved.
895	895	12 Sec. 7. The ICC shall transfer all fees to the auditor of state for
896	896	13 deposit in the state general fund.
897	897	14 Chapter 16. Tracking and Record Keeping
898	898	15 Sec. 1. (a) A cannabis organization must implement an
899	899	16 electronic inventory tracking system, which must be directly
900	900	17 accessible to the ICC through an electronic data base that is
901	901	18 updated at least one (1) time each day.
902	902	19 (b) The electronic inventory tracking system must include the
903	903	20 following:
904	904	21 (1) For a grower, a seed to sale tracking system that tracks the
905	905	22 cannabis from seed to plant until the cannabis is sold or
906	906	23 transferred to its final destination.
907	907	24 (2) For a processor, a system that tracks cannabis from its
908	908	25 purchase from a grower to its transfer to a qualified retailer,
909	909	26 testing laboratory, or research facility as authorized by this
910	910	27 article.
911	911	28 (3) For a qualified retailer, a system that tracks cannabis from
912	912	29 its purchase from a grower or processor to its sale to an adult
913	913	30 cannabis user, patient, or caregiver, or its transfer to a testing
914	914	31 laboratory, research facility, grower, or processor as
915	915	32 authorized by this article.
916	916	33 (4) For a qualified retailer, a system to verify that a patient or
917	917	34 caregiver identification card presented by a patient or
918	918	35 caregiver purchasing cannabis:
919	919	36 (A) is valid; and
920	920	37 (B) authorizes the patient or caregiver to receive cannabis
921	921	38 from a qualified retailer.
922	922	39 (5) For a qualified retailer, a system to record and transmit
923	923	40 the identification of an adult cannabis user and the quantity
924	924	41 and type of cannabis purchased to ensure that the adult
925	925	42 cannabis user complies with possession limits.
926	926	2023 IN 1039—LS 6490/DI 106 22
927	927	1 (6) For a cannabis organization, a:
928	928	2 (A) daily log of each day's beginning inventory,
929	929	3 acquisitions, amounts purchased and sold, disbursements,
930	930	4 disposals, and ending inventory, including prices paid and
931	931	5 amounts collected from adult cannabis users, patients, and
932	932	6 caregivers;
933	933	7 (B) system to recall defective cannabis; and
934	934	8 (C) system to track the waste resulting from the growth of
935	935	9 cannabis, including the name and address of a disposal
936	936	10 service.
937	937	11 Sec. 2. A cannabis organization must implement a plan for:
938	938	12 (1) security and surveillance; and
939	939	13 (2) record keeping and record retention.
940	940	14 Sec. 3. The ICC:
941	941	15 (1) shall require a cannabis organization to make an annual
942	942	16 report to the ICC; and
943	943	17 (2) may require a cannabis organization to make a quarterly
944	944	18 report to the ICC.
945	945	19 The ICC shall determine the form and contents of the report and
946	946	20 may make all or part of the report available to the public.
947	947	21 Chapter 17. Grower Operations
948	948	22 Sec. 1. A person holding a grower permit may do all the
949	949	23 following in accordance with rules adopted by the ICC:
950	950	24 (1) Obtain seed and plant material from another grower.
951	951	25 (2) Sell and transport seed and plant material to another
952	952	26 grower or processor.
953	953	27 (3) Sell and transport cannabis to a processor, qualified
954	954	28 retailer, testing laboratory, or research facility authorized by
955	955	29 the ICC.
956	956	30 The ICC may authorize a person holding a grower permit to sell
957	957	31 and transport seed, plant material, and cannabis to a grower,
958	958	32 processor, qualified retailer, testing laboratory, or research facility
959	959	33 in another state.
960	960	34 Sec. 2. The ICC shall determine the manner in which cannabis
961	961	35 may be grown, harvested, and stored at the cultivation or
962	962	36 harvesting facility.
963	963	37 Sec. 3. The ICC shall determine the manner in which
964	964	38 transportation of cannabis shall be conducted between or among
965	965	39 growers, processors, qualified retailers, testing laboratories, or
966	966	40 research facilities. Rules adopted by the ICC must include the
967	967	41 following:
968	968	42 (1) Requirements relating to shipping containers and
969	969	2023 IN 1039—LS 6490/DI 106 23
970	970	1 packaging.
971	971	2 (2) The manner in which trucks, vans, trailers, or other
972	972	3 carriers will be secured.
973	973	4 (3) Obtaining copies of driver's licenses and registrations and
974	974	5 other information related to security and tracking.
975	975	6 (4) The use of a GPS tracking system.
976	976	7 (5) Record keeping requirements for delivery and receipt of
977	977	8 cannabis products.
978	978	9 Sec. 4. A grower shall contract with an independent testing
979	979	10 laboratory to test the cannabis produced by the grower. The ICC
980	980	11 shall approve the testing laboratory and require that the testing
981	981	12 laboratory report testing results in the manner determined by the
982	982	13 ICC. If a grower learns that the grower's sample has failed
983	983	14 required testing, the grower must take steps to remediate the
984	984	15 harvest to allowable levels under IC 7.1-8-20-3, or immediately
985	985	16 dispose of the harvest.
986	986	17 Chapter 18. Processor Operations
987	987	18 Sec. 1. A person holding a processor permit may do all the
988	988	19 following in accordance with rules adopted by the ICC:
989	989	20 (1) Obtain cannabis from a grower.
990	990	21 (2) Sell and transport processed cannabis to another grower
991	991	22 or processor.
992	992	23 (3) Sell and transport cannabis to a processor, qualified
993	993	24 retailer, testing laboratory, or research facility authorized by
994	994	25 the ICC.
995	995	26 The ICC shall authorize a person holding a processor permit to sell
996	996	27 and transport processed cannabis to a grower, processor, qualified
997	997	28 retailer, testing laboratory, or research facility in another state if
998	998	29 the person meets the requirements established by the ICC.
999	999	30 Sec. 2. The ICC shall determine the manner in which cannabis
1000	1000	31 may be processed or stored at the processor facility.
1001	1001	32 Sec. 3. The ICC shall determine the manner in which
1002	1002	33 transportation of cannabis shall be conducted between or among
1003	1003	34 cannabis organizations and research facilities. Rules adopted by
1004	1004	35 the ICC must include the following:
1005	1005	36 (1) Requirements relating to shipping containers and
1006	1006	37 packaging.
1007	1007	38 (2) The manner in which trucks, vans, trailers, or other
1008	1008	39 carriers will be secured.
1009	1009	40 (3) Obtaining copies of driver's licenses and registrations and
1010	1010	41 other information related to security and tracking.
1011	1011	42 (4) The use of a GPS tracking system.
1012	1012	2023 IN 1039—LS 6490/DI 106 24
1013	1013	1 (5) Record keeping requirements for delivery and receipt of
1014	1014	2 cannabis products.
1015	1015	3 Sec. 4. A processor shall develop a plan to ensure that cannabis
1016	1016	4 products are properly labeled, are not packaged in a manner that
1017	1017	5 is appealing to children, and are placed in child resistant
1018	1018	6 packaging.
1019	1019	7 Sec. 5. A processor shall include on its labeling of cannabis
1020	1020	8 products the following:
1021	1021	9 (1) The number of doses contained within the package, the
1022	1022	10 species, and the percentage of tetrahydrocannabinol and
1023	1023	11 cannabinol.
1024	1024	12 (2) A warning that the cannabis must be kept in the original
1025	1025	13 container in which it was sold.
1026	1026	14 (3) A warning that unauthorized use is unlawful and will
1027	1027	15 subject the person to criminal penalties.
1028	1028	16 (4) A list of ingredients.
1029	1029	17 (5) The manufacture or harvest date.
1030	1030	18 (6) Any other information required by the ICC.
1031	1031	19 Sec. 6. A processor shall contract with an independent testing
1032	1032	20 laboratory to test the cannabis product produced by the processor.
1033	1033	21 The testing laboratory must be approved by the ICC, and the ICC
1034	1034	22 shall require that the testing laboratory report testing results in the
1035	1035	23 manner determined by the ICC. If a processor learns that a sample
1036	1036	24 submitted by the processor has failed required testing, the
1037	1037	25 processor must take steps to remediate the product to allowable
1038	1038	26 levels under IC 7.1-8-20-3, or immediately dispose of the batch.
1039	1039	27 Chapter 19. Qualified Retailer Operations
1040	1040	28 Sec. 1. (a) A qualified retailer holding a valid permit under this
1041	1041	29 article may sell cannabis to a patient or caregiver upon
1042	1042	30 presentation of a valid patient or caregiver identification card for
1043	1043	31 that patient or caregiver and electronic verification that the patient
1044	1044	32 or caregiver identification card is valid and authorizes the patient
1045	1045	33 or caregiver to receive cannabis from a qualified retailer.
1046	1046	34 (b) A qualified retailer holding a valid permit under this article
1047	1047	35 may sell cannabis to an adult cannabis user upon presentation of
1048	1048	36 a valid government issued photo identification card containing the
1049	1049	37 person's date of birth, and electronic verification that:
1050	1050	38 (1) the sale will not permit the adult cannabis user to exceed
1051	1051	39 the limit described in section 3 of this chapter; and
1052	1052	40 (2) that the adult cannabis user does not possess a valid,
1053	1053	41 unexpired certification.
1054	1054	42 Sec. 2. The qualified retailer shall provide to the purchaser a
1055	1055	2023 IN 1039—LS 6490/DI 106 25
1056	1056	1 receipt including all of the following:
1057	1057	2 (1) The name and address of the qualified retailer.
1058	1058	3 (2) The name and address of the purchaser.
1059	1059	4 (3) The date the cannabis was sold.
1060	1060	5 (4) For medical cannabis, any requirement or limitation by
1061	1061	6 the physician as to the form of cannabis for the patient.
1062	1062	7 (5) The form and the quantity of cannabis sold.
1063	1063	8 Sec. 3. A qualified retailer may not sell to a patient (or caregiver
1064	1064	9 on behalf of a specific patient):
1065	1065	10 (1) in any thirty (30) day period:
1066	1066	11 (A) more cannabis than the maximum amount authorized
1067	1067	12 by the certification; or
1068	1068	13 (B) ten (10) ounces of cannabis;
1069	1069	14 whichever is less;
1070	1070	15 (2) subject to subdivision (1), more than two and one-half (2.5)
1071	1071	16 ounces of cannabis per day, of which not more than fifteen
1072	1072	17 (15) grams may be cannabis concentrate;
1073	1073	18 (3) a form of cannabis that is not authorized on the
1074	1074	19 certification; or
1075	1075	20 (4) cannabis, if the patient is cultivating mature cannabis
1076	1076	21 plants for the patient's own use.
1077	1077	22 Sec. 4. The cannabis packaging must include the following
1078	1078	23 information:
1079	1079	24 (1) The number of doses contained within the package, the
1080	1080	25 species, and the percentage of tetrahydrocannabinol and
1081	1081	26 cannabinol.
1082	1082	27 (2) A warning that the cannabis must be kept in the original
1083	1083	28 container in which it was sold.
1084	1084	29 (3) A warning that unauthorized use is unlawful and will
1085	1085	30 subject the person to criminal penalties.
1086	1086	31 (4) Any other information required by the ICC.
1087	1087	32 Sec. 5. A qualified retailer:
1088	1088	33 (1) may sell cannabis only in an indoor, enclosed, secure
1089	1089	34 facility located in Indiana;
1090	1090	35 (2) may sell medical devices and instruments that are needed
1091	1091	36 to administer cannabis; and
1092	1092	37 (3) may sell services approved by the ICC related to the use of
1093	1093	38 cannabis.
1094	1094	39 Sec. 6. A qualified retailer shall post a copy of its permit in a
1095	1095	40 location within its facility in a manner that is easily observable by
1096	1096	41 the public.
1097	1097	42 Sec. 7. A qualified retailer shall establish a plan to:
1098	1098	2023 IN 1039—LS 6490/DI 106 26
1099	1099	1 (1) prevent diversion of cannabis and cannabis products; and
1100	1100	2 (2) ensure a patient is not sold more cannabis than is
1101	1101	3 permitted under this article.
1102	1102	4 Chapter 20. Testing Laboratory Operations
1103	1103	5 Sec. 1. A testing laboratory may test cannabis from a cannabis
1104	1104	6 organization in accordance with rules adopted by the ICC if:
1105	1105	7 (1) it holds a valid permit issued under this article; or
1106	1106	8 (2) it is already accredited as a testing laboratory to
1107	1107	9 International Organization for Standardization (ISO) 17025
1108	1108	10 by a third party accrediting body such as the American
1109	1109	11 Association for Laboratory Accreditation (A2LA) or Assured
1110	1110	12 Calibration and Laboratory Accreditation Select Services
1111	1111	13 (ACLASS).
1112	1112	14 Sec. 2. A testing laboratory shall maintain policies and
1113	1113	15 procedures for the secure and proper analytical testing of
1114	1114	16 cannabis, which must include:
1115	1115	17 (1) laboratory analysis techniques, including specific
1116	1116	18 instrumentation and protocols necessary to perform the tests
1117	1117	19 required by the ICC;
1118	1118	20 (2) the implementation of standards and methods for
1119	1119	21 conducting analysis of forms of cannabis in accordance with
1120	1120	22 the requirements of ISO/IEC 17025 "General Requirements
1121	1121	23 for the Competence of Testing and Calibration
1122	1122	24 Laboratories"; and
1123	1123	25 (3) methods of testing to detect:
1124	1124	26 (A) potency levels of tetrahydrocannabinol and
1125	1125	27 cannabinol;
1126	1126	28 (B) microbials;
1127	1127	29 (C) mycotoxins;
1128	1128	30 (D) pesticides;
1129	1129	31 (E) residual solvents; and
1130	1130	32 (F) any other matter as required by the ICC.
1131	1131	33 Sec. 3. The ICC shall establish the allowable level of microbials,
1132	1132	34 mycotoxins, pesticides, residual solvents, and other matter
1133	1133	35 determined by the ICC. If a sample received from a grower or
1134	1134	36 processor exceeds allowable levels, the testing laboratory must
1135	1135	37 immediately notify the grower or processor from whom the testing
1136	1136	38 laboratory received the sample.
1137	1137	39 Sec. 4. A person holding an ownership interest in a qualified
1138	1138	40 retailer, grower, or processor permit may not have an ownership
1139	1139	41 interest in a testing laboratory permit.
1140	1140	42 Chapter 21. Transportation
1141	1141	2023 IN 1039—LS 6490/DI 106 27
1142	1142	1 Sec. 1. A transporter may transport cannabis or paraphernalia
1143	1143	2 from a:
1144	1144	3 (1) grower or processor to a qualified retailer;
1145	1145	4 (2) grower or processor to a testing laboratory or research
1146	1146	5 facility authorized by the ICC;
1147	1147	6 (3) qualified retailer to a grower or processor;
1148	1148	7 (4) qualified retailer to a testing laboratory or research
1149	1149	8 facility authorized by the ICC;
1150	1150	9 (5) cannabis organization to another cannabis organization;
1151	1151	10 or
1152	1152	11 (6) cannabis organization to another person if authorized to
1153	1153	12 do so by the ICC;
1154	1154	13 if the transporter complies with this chapter.
1155	1155	14 Sec. 2. No employee of a transporter under this chapter who is
1156	1156	15 directly involved in the transport of cannabis or paraphernalia
1157	1157	16 may have a felony conviction related to the production, possession,
1158	1158	17 or sale of marijuana that was entered within the previous three (3)
1159	1159	18 years and that has not been expunged.
1160	1160	19 Sec. 3. Cannabis or paraphernalia transported under this
1161	1161	20 chapter must be:
1162	1162	21 (1) packed in a tamper resistant and tamper evident package;
1163	1163	22 (2) clearly marked as to quantity and contents; and
1164	1164	23 (3) securely stored in the vehicle used for transport.
1165	1165	24 Sec. 4. The transporter shall proceed as directly and
1166	1166	25 expeditiously as practicable from the shipping location to the
1167	1167	26 receiving location.
1168	1168	27 Sec. 5. The person who ships the cannabis or paraphernalia
1169	1169	28 shall provide the transporter with a shipping manifest clearly
1170	1170	29 stating the:
1171	1171	30 (1) exact quantity of cannabis or paraphernalia that is being
1172	1172	31 transported;
1173	1173	32 (2) address of the shipping location;
1174	1174	33 (3) address of the receiving location;
1175	1175	34 (4) identification of the person transporting the material; and
1176	1176	35 (5) time the person transporting the material left the shipping
1177	1177	36 location.
1178	1178	37 Sec. 6. The transporter shall keep the shipping manifest in the
1179	1179	38 transporter's possession at all times.
1180	1180	39 Sec. 7. The ICC may adopt rules to regulate the transport of
1181	1181	40 cannabis or paraphernalia. The ICC may authorize a transporter
1182	1182	41 to transport cannabis or paraphernalia out of state.
1183	1183	42 Chapter 22. Reports
1184	1184	2023 IN 1039—LS 6490/DI 106 28
1185	1185	1 Sec. 1. The ICC shall, not later than December 31 of each year,
1186	1186	2 submit a report concerning the cannabis program to the legislative
1187	1187	3 council, the governor, and the chief justice of the supreme court.
1188	1188	4 The report to the legislative council must be in an electronic format
1189	1189	5 under IC 5-14-6.
1190	1190	6 Chapter 23. Civil Penalties
1191	1191	7 Sec. 1. The ICC may assess a penalty of not more than twenty
1192	1192	8 thousand dollars ($20,000) for each violation of this article or a
1193	1193	9 rule adopted under this article. In addition, the ICC may impose
1194	1194	10 an additional penalty of not more than two thousand five hundred
1195	1195	11 dollars ($2,500) for each day of a continuing violation.
1196	1196	12 Sec. 2. (a) In determining the amount of a civil penalty imposed
1197	1197	13 under this chapter, the ICC shall consider the following:
1198	1198	14 (1) The seriousness of the violation.
1199	1199	15 (2) The potential harm resulting from the violation to adult
1200	1200	16 cannabis users, patients, caregivers, or the general public.
1201	1201	17 (3) The willfulness of the violation.
1202	1202	18 (4) Any previous violations.
1203	1203	19 (5) The economic benefit that accrued to the person who
1204	1204	20 committed the violation.
1205	1205	21 (b) If the ICC finds that the:
1206	1206	22 (1) violation did not threaten the safety or health of an adult
1207	1207	23 cannabis user, a patient, a caregiver, or the general public;
1208	1208	24 and
1209	1209	25 (2) violator took immediate action to remedy the violation
1210	1210	26 upon learning of it;
1211	1211	27 the ICC may issue a written warning instead of assessing a civil
1212	1212	28 penalty.
1213	1213	29 Sec. 3. In addition to the civil penalty described in this chapter
1214	1214	30 and any other penalty authorized by law, the ICC may revoke or
1215	1215	31 suspend a person's permit or patient or caregiver identification
1216	1216	32 card.
1217	1217	33 Chapter 24. Research
1218	1218	34 Sec. 1. (a) The ICC may provide assistance to universities,
1219	1219	35 research facilities, pharmaceutical companies, state agencies, and
1220	1220	36 similar entities that wish to conduct research concerning cannabis.
1221	1221	37 (b) The ICC may conduct research concerning cannabis.
1222	1222	38 Sec. 2. The ICC may authorize persons conducting research on
1223	1223	39 cannabis to obtain, possess, transport, and use cannabis for
1224	1224	40 research purposes, under terms and conditions established by the
1225	1225	41 ICC. The ICC shall issue appropriate documentation to allow
1226	1226	42 persons to obtain cannabis for research purposes.
1227	1227	2023 IN 1039—LS 6490/DI 106 29
1228	1228	1 Chapter 25. Employment
1229	1229	2 Sec. 1. The following definitions apply throughout this chapter:
1230	1230	3 (1) "On call" means that an employee is scheduled with at
1231	1231	4 least twenty-four (24) hours notice by the employee's
1232	1232	5 employer to be on standby or otherwise responsible for
1233	1233	6 performing tasks related to the employee's employment either
1234	1234	7 at the employer's premises or other previously designated
1235	1235	8 location by the employee's employer or supervisor to perform
1236	1236	9 a work related task.
1237	1237	10 (2) "Workplace" means the employer's premises, including
1238	1238	11 any building, real property, and parking area under the
1239	1239	12 control of the employer or area used by an employee while in
1240	1240	13 performance of the employee's job duties, and vehicles,
1241	1241	14 whether leased, rented, or owned. The term includes another
1242	1242	15 location as defined by the employer's written employment
1243	1243	16 policy, to the extent that the policy is generally consistent with
1244	1244	17 this subdivision.
1245	1245	18 Sec. 2. This article does not:
1246	1246	19 (1) prohibit an employer from adopting reasonable zero
1247	1247	20 tolerance or drug free workplace policies, or employment
1248	1248	21 policies concerning drug testing, smoking, consumption,
1249	1249	22 storage, or use of cannabis in the workplace or while on call
1250	1250	23 provided that the policy is applied in a nondiscriminatory
1251	1251	24 manner;
1252	1252	25 (2) require an employer to permit an employee to be under
1253	1253	26 the influence of or use cannabis in the employer's workplace
1254	1254	27 or while performing the employee's job duties or while on
1255	1255	28 call; or
1256	1256	29 (3) limit or prevent an employer from disciplining an
1257	1257	30 employee or terminating employment of an employee for
1258	1258	31 violating an employer's employment policies or workplace
1259	1259	32 drug policy.
1260	1260	33 Sec. 3. For purposes of section 2 of this chapter, an employer
1261	1261	34 may consider an employee to be impaired or under the influence of
1262	1262	35 cannabis if the employer has a good faith belief that an employee
1263	1263	36 manifests specific, articulable symptoms while working that
1264	1264	37 decrease or lessen the employee's performance of the duties or
1265	1265	38 tasks of the employee's job position, including symptoms of the
1266	1266	39 employee's speech, physical dexterity, agility, coordination,
1267	1267	40 demeanor, irrational or unusual behavior, or negligence or
1268	1268	41 carelessness in operating equipment or machinery; disregard for
1269	1269	42 the safety of the employee or others, or involvement in any accident
1270	1270	2023 IN 1039—LS 6490/DI 106 30
1271	1271	1 that results in serious damage to equipment or property;
1272	1272	2 disruption of a production or manufacturing process; or
1273	1273	3 carelessness that results in any injury to the employee or others. If
1274	1274	4 an employer elects to discipline an employee on the basis that the
1275	1275	5 employee is under the influence of or impaired by cannabis, the
1276	1276	6 employer must afford the employee a reasonable opportunity to
1277	1277	7 contest the basis of the determination.
1278	1278	8 Sec. 4. This article does not create or imply a cause of action for
1279	1279	9 any person against an employer for:
1280	1280	10 (1) actions, including subjecting an employee or applicant to
1281	1281	11 reasonable drug and alcohol testing under the employer's
1282	1282	12 workplace drug policy, including an employee's refusal to be
1283	1283	13 tested or to cooperate in testing procedures or disciplining or
1284	1284	14 termination of employment, based on the employer's good
1285	1285	15 faith belief that an employee used or possessed cannabis in the
1286	1286	16 employer's workplace or while performing the employee's job
1287	1287	17 duties or while on call in violation of the employer's
1288	1288	18 employment policies;
1289	1289	19 (2) actions, including discipline or termination of employment,
1290	1290	20 based on the employer's good faith belief that an employee
1291	1291	21 was impaired as a result of the use of cannabis, or under the
1292	1292	22 influence of cannabis, while at the employer's workplace or
1293	1293	23 while performing the employee's job duties or while on call in
1294	1294	24 violation of the employer's workplace drug policy; or
1295	1295	25 (3) injury, loss, or liability to a third party if the employer
1296	1296	26 neither knew nor had reason to know that the employee was
1297	1297	27 impaired.
1298	1298	28 Sec. 5. This article does not enhance or diminish protections
1299	1299	29 afforded by any other law.
1300	1300	30 Sec. 6. This article does not interfere with any federal, state, or
1301	1301	31 local restrictions on employment including the United States
1302	1302	32 Department of Transportation regulation 49 CFR 40.151(e) or
1303	1303	33 impact an employer's ability to comply with federal or state law or
1304	1304	34 cause it to lose a federal or state contract or funding.
1305	1305	35 SECTION 6. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
1306	1306	36 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1307	1307	37 2023]:
1308	1308	38 ARTICLE 9. INDIANA CANNABIS COMMISSION
1309	1309	39 Chapter 1. Definitions
1310	1310	40 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
1311	1311	41 article.
1312	1312	42 Chapter 2. General Provisions
1313	1313	2023 IN 1039—LS 6490/DI 106 31
1314	1314	1 Sec. 1. The Indiana cannabis commission (ICC) is established as
1315	1315	2 an agency of the state for purposes of administering the cannabis
1316	1316	3 program.
1317	1317	4 Sec. 2. (a) The ICC consists of:
1318	1318	5 (1) the ICC committee;
1319	1319	6 (2) the executive director; and
1320	1320	7 (3) other employees necessary to carry out the duties of the
1321	1321	8 ICC.
1322	1322	9 (b) The ICC committee consists of three (3) commissioners, who
1323	1323	10 shall direct and oversee the operation of the ICC.
1324	1324	11 Sec. 3. (a) ICC commissioners shall be appointed by the
1325	1325	12 governor.
1326	1326	13 (b) A commissioner is eligible for reappointment.
1327	1327	14 (c) Not more than two (2) commissioners may belong to the
1328	1328	15 same political party.
1329	1329	16 (d) A commissioner shall be appointed to a four (4) year term.
1330	1330	17 (e) A commissioner serves the commissioner's term at the
1331	1331	18 pleasure of the governor.
1332	1332	19 Sec. 4. To be eligible for appointment as a commissioner, an
1333	1333	20 individual must have the following qualifications:
1334	1334	21 (1) The individual may not be employed by the state in any
1335	1335	22 other capacity.
1336	1336	23 (2) The individual must have good moral character.
1337	1337	24 (3) The individual must have been a resident of Indiana for at
1338	1338	25 least ten (10) years immediately preceding the appointment.
1339	1339	26 Sec. 5. The governor shall appoint one (1) commissioner to serve
1340	1340	27 as chairperson of the ICC committee and one (1) commissioner to
1341	1341	28 serve as vice chairperson. The vice chairperson shall act as the
1342	1342	29 chairperson if the chairperson is unable to attend a meeting of the
1343	1343	30 ICC committee.
1344	1344	31 Sec. 6. A commissioner appointed to fill a vacancy in the
1345	1345	32 membership of the ICC committee shall serve only for the
1346	1346	33 unexpired part of the original, vacated term. In all other respects,
1347	1347	34 an appointment to fill a vacancy shall be made in the same manner
1348	1348	35 that an original appointment is made.
1349	1349	36 Sec. 7. As compensation for services, each commissioner is
1350	1350	37 entitled to the minimum salary per diem provided by
1351	1351	38 IC 4-10-11-2.1(b). A commissioner is also entitled to
1352	1352	39 reimbursement for traveling expenses as provided under
1353	1353	40 IC 4-13-1-4 and other expenses actually incurred in connection
1354	1354	41 with the commissioner's duties as provided in the state policies and
1355	1355	42 procedures established by the department of administration and
1356	1356	2023 IN 1039—LS 6490/DI 106 32
1357	1357	1 approved by the budget agency.
1358	1358	2 Sec. 8. Each commissioner shall execute:
1359	1359	3 (1) a surety bond in the amount of ten thousand dollars
1360	1360	4 ($10,000), with surety approved by the governor; and
1361	1361	5 (2) an oath of office.
1362	1362	6 The surety bond and the oath of office shall be filed in the office of
1363	1363	7 the secretary of state.
1364	1364	8 Sec. 9. The required surety bond executed and filed on behalf of
1365	1365	9 a commissioner shall be made payable to the state of Indiana and
1366	1366	10 conditioned upon the faithful discharge of the commissioner's
1367	1367	11 duties.
1368	1368	12 Sec. 10. The ICC committee shall hold meetings at the call of the
1369	1369	13 chairperson. The ICC committee may establish rules governing
1370	1370	14 meetings.
1371	1371	15 Sec. 11. (a) Two (2) ICC commissioners constitute a quorum for
1372	1372	16 the transaction of business.
1373	1373	17 (b) Each commissioner has one (1) vote.
1374	1374	18 (c) Action of the ICC committee may be taken only upon the
1375	1375	19 affirmative votes of at least two (2) commissioners.
1376	1376	20 Sec. 12. An ICC commissioner may not solicit or accept a
1377	1377	21 political contribution from a qualified patient, a qualified primary
1378	1378	22 caregiver, or any individual or entity that has a permit or has
1379	1379	23 applied for a permit issued by the ICC. However, the right of a
1380	1380	24 commissioner to vote as the commissioner chooses and to express
1381	1381	25 the commissioner's opinions on political subjects and candidates
1382	1382	26 may not be impaired.
1383	1383	27 Chapter 3. Employees and Administration
1384	1384	28 Sec. 1. (a) The ICC committee shall appoint an executive
1385	1385	29 director to assist the ICC in the efficient administration of its
1386	1386	30 powers and duties.
1387	1387	31 (b) The ICC committee shall fix the salary of the executive
1388	1388	32 director, subject to the approval of the budget agency.
1389	1389	33 Sec. 2. The ICC has the power to employ all necessary
1390	1390	34 employees, determine their duties, and, subject to the approval of
1391	1391	35 the ICC committee and the budget agency, fix their salaries.
1392	1392	36 Chapter 4. Powers and Duties
1393	1393	37 Sec. 1. The chairperson is the presiding officer at the meetings
1394	1394	38 of the ICC committee. The chairperson, together with the executive
1395	1395	39 director, shall prepare, certify, and authenticate all proceedings,
1396	1396	40 minutes, records, rules, and regulations of the ICC committee. The
1397	1397	41 chairperson shall also perform all other duties as imposed on the
1398	1398	42 chairperson by this title.
1399	1399	2023 IN 1039—LS 6490/DI 106 33
1400	1400	1 Sec. 2. The ICC has the power to organize its work, to enforce
1401	1401	2 and administer this article and IC 7.1-8, and to enforce and
1402	1402	3 administer the rules adopted by the ICC.
1403	1403	4 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to prescribe
1404	1404	5 the forms for all applications, documents, permits, cannabis patient
1405	1405	6 or caregiver identification cards, and licenses used in the
1406	1406	7 administration of this article and IC 7.1-8.
1407	1407	8 Sec. 4. The ICC has the following powers:
1408	1408	9 (1) To hold hearings before the ICC or its representative.
1409	1409	10 (2) To take testimony and receive evidence.
1410	1410	11 (3) To conduct inquiries with or without a hearing.
1411	1411	12 (4) To receive reports of investigators or other governmental
1412	1412	13 officers and employees.
1413	1413	14 (5) To administer oaths.
1414	1414	15 (6) To subpoena witnesses and to compel them to appear and
1415	1415	16 testify.
1416	1416	17 (7) To certify copies of records of the ICC or any other
1417	1417	18 document or record on file with the ICC.
1418	1418	19 (8) To fix the form, mode, manner, time, and number of times
1419	1419	20 for the posting or publication of any required notices if not
1420	1420	21 otherwise provided.
1421	1421	22 (9) Before the legalization date (as defined in
1422	1422	23 IC 35-31.5-2-186.4), meet, adopt rules, consider testimony,
1423	1423	24 make recommendations, and take any other action to prepare
1424	1424	25 for the legalization of medical and adult use cannabis.
1425	1425	26 (10) To adopt rules under IC 4-22-2 to carry out this article
1426	1426	27 and IC 7.1-8.
1427	1427	28 Sec. 5. (a) The ICC has the following duties:
1428	1428	29 (1) To establish the cannabis program described in IC 7.1-8
1429	1429	30 and to adopt all necessary rules to implement the program.
1430	1430	31 (2) To implement protocols for the application and issuance
1431	1431	32 of a cannabis patient or caregiver identification card,
1432	1432	33 including protocols to:
1433	1433	34 (A) prevent fraud;
1434	1434	35 (B) ensure the accuracy of information contained in the
1435	1435	36 application; and
1436	1436	37 (C) protect the privacy of an applicant.
1437	1437	38 (3) To advise the general assembly concerning the
1438	1438	39 establishment of a program for the:
1439	1439	40 (A) manufacture;
1440	1440	41 (B) cultivation;
1441	1441	42 (C) advertising;
1442	1442	2023 IN 1039—LS 6490/DI 106 34
1443	1443	1 (D) transportation; and
1444	1444	2 (E) sale;
1445	1445	3 of cannabis.
1446	1446	4 (4) To encourage research concerning cannabis.
1447	1447	5 (b) Before the legalization date (as defined in
1448	1448	6 IC 35-31.5-2-186.4), the ICC may perform any of the duties
1449	1449	7 described subsection (a) to prepare for and in anticipation of the
1450	1450	8 legalization of medical and adult use cannabis.
1451	1451	9 Chapter 5. Research and Development
1452	1452	10 Sec. 1. To permit and encourage research concerning cannabis:
1453	1453	11 (1) an accredited institution of higher education with a
1454	1454	12 physical presence in Indiana; and
1455	1455	13 (2) a pharmaceutical or agricultural business having a
1456	1456	14 research facility in Indiana;
1457	1457	15 may apply to the ICC for a license to conduct research concerning
1458	1458	16 cannabis.
1459	1459	17 Sec. 2. An application under this chapter must include the
1460	1460	18 following:
1461	1461	19 (1) The nature of the research project.
1462	1462	20 (2) The names of the individuals who will conduct the
1463	1463	21 research project.
1464	1464	22 (3) The approximate quantity of cannabis that will be used in
1465	1465	23 the research project.
1466	1466	24 (4) The security protocol to be implemented to ensure that
1467	1467	25 cannabis is not diverted for uses other than the research
1468	1468	26 project.
1469	1469	27 (5) Any other information required by the ICC.
1470	1470	28 Sec. 3. Upon receipt of a completed application, the ICC may
1471	1471	29 issue a research license to the accredited institution of higher
1472	1472	30 education or pharmaceutical or agricultural business. The research
1473	1473	31 license must specifically list the names of each individual
1474	1474	32 participating in the research project who will have custody or
1475	1475	33 control of cannabis for research purposes and the approximate
1476	1476	34 quantity of the cannabis that will be used in the research project.
1477	1477	35 Sec. 4. The ICC may charge a reasonable fee for issuance of a
1478	1478	36 research license.
1479	1479	37 SECTION 7. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
1480	1480	38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1481	1481	39 JULY 1, 2023]: Sec. 1. (a) A person who operates a vehicle with an
1482	1482	40 alcohol concentration equivalent to at least eight-hundredths (0.08)
1483	1483	41 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
1484	1484	42 per:
1485	1485	2023 IN 1039—LS 6490/DI 106 35
1486	1486	1 (1) one hundred (100) milliliters of the person's blood; or
1487	1487	2 (2) two hundred ten (210) liters of the person's breath;
1488	1488	3 commits a Class C misdemeanor.
1489	1489	4 (b) A person who operates a vehicle with an alcohol concentration
1490	1490	5 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
1491	1491	6 (1) one hundred (100) milliliters of the person's blood; or
1492	1492	7 (2) two hundred ten (210) liters of the person's breath;
1493	1493	8 commits a Class A misdemeanor.
1494	1494	9 (c) A person who operates a vehicle with a controlled substance
1495	1495	10 listed in schedule I or II of IC 35-48-2 or its metabolite, after the
1496	1496	11 legalization date (as defined in IC 35-31.5-2-186.4) not including
1497	1497	12 THC, in the person's blood commits a Class C misdemeanor.
1498	1498	13 (d) It is a defense to subsection (c) that:
1499	1499	14 (1) the accused person consumed the controlled substance in
1500	1500	15 accordance with a valid prescription or order of a practitioner (as
1501	1501	16 defined in IC 35-48-1) who acted in the course of the
1502	1502	17 practitioner's professional practice; or
1503	1503	18 (2) the:
1504	1504	19 (A) controlled substance is marijuana or a metabolite of
1505	1505	20 marijuana;
1506	1506	21 (B) person was not intoxicated;
1507	1507	22 (C) person did not cause a traffic accident; and
1508	1508	23 (D) substance was identified by means of a chemical test taken
1509	1509	24 pursuant to IC 9-30-7.
1510	1510	25 (e) This subsection applies after the legalization date (as defined
1511	1511	26 in IC 35-31.5-2-186.4). A person who:
1512	1512	27 (1) operates a vehicle with at least five (5) nanograms per
1513	1513	28 milliliter of THC in the person's whole blood; and
1514	1514	29 (2) is impaired;
1515	1515	30 commits a Class C misdemeanor.
1516	1516	31 SECTION 8. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
1517	1517	32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1518	1518	33 JULY 1, 2023]: Sec. 4. (a) A person who causes serious bodily injury
1519	1519	34 to another person when operating a vehicle:
1520	1520	35 (1) with an alcohol concentration equivalent to at least
1521	1521	36 eight-hundredths (0.08) gram of alcohol per:
1522	1522	37 (A) one hundred (100) milliliters of the person's blood; or
1523	1523	38 (B) two hundred ten (210) liters of the person's breath;
1524	1524	39 (2) with a controlled substance listed in schedule I or II of
1525	1525	40 IC 35-48-2 or its metabolite, after the legalization date (as
1526	1526	41 defined in IC 35-31.5-2-186.4) not including THC, in the
1527	1527	42 person's blood;
1528	1528	2023 IN 1039—LS 6490/DI 106 36
1529	1529	1 (3) after the legalization date (as defined in
1530	1530	2 IC 35-31.5-2-186.4), with at least five (5) nanograms per
1531	1531	3 milliliter of THC in the person's whole blood; or
1532	1532	4 (3) (4) while intoxicated;
1533	1533	5 commits a Level 5 felony. However, the offense is a Level 4 felony if
1534	1534	6 the person has a previous conviction of operating while intoxicated
1535	1535	7 within the five (5) years preceding the commission of the offense.
1536	1536	8 (b) A person who violates subsection (a) commits a separate offense
1537	1537	9 for each person whose serious bodily injury is caused by the violation
1538	1538	10 of subsection (a).
1539	1539	11 (c) It is a defense under subsection (a)(2) that the accused person
1540	1540	12 consumed the controlled substance in accordance with a valid
1541	1541	13 prescription or order of a practitioner (as defined in IC 35-48-1) who
1542	1542	14 acted in the course of the practitioner's professional practice.
1543	1543	15 SECTION 9. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
1544	1544	16 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1545	1545	17 JULY 1, 2023]: Sec. 5. (a) A person who causes the death or
1546	1546	18 catastrophic injury of another person when operating a vehicle:
1547	1547	19 (1) with an alcohol concentration equivalent to at least
1548	1548	20 eight-hundredths (0.08) gram of alcohol per:
1549	1549	21 (A) one hundred (100) milliliters of the person's blood; or
1550	1550	22 (B) two hundred ten (210) liters of the person's breath;
1551	1551	23 (2) with a controlled substance listed in schedule I or II of
1552	1552	24 IC 35-48-2 or its metabolite, after the legalization date (as
1553	1553	25 defined in IC 35-31.5-2-186.4) not including THC, in the
1554	1554	26 person's blood;
1555	1555	27 (3) after the legalization date (as defined in
1556	1556	28 IC 35-31.5-2-186.4), with at least five (5) nanograms per
1557	1557	29 milliliter of THC in the person's whole blood; or
1558	1558	30 (3) (4) while intoxicated;
1559	1559	31 commits a Level 4 felony.
1560	1560	32 (b) A person who causes the death of a law enforcement animal (as
1561	1561	33 defined in IC 35-46-3-4.5) when operating a vehicle:
1562	1562	34 (1) with an alcohol concentration equivalent to at least
1563	1563	35 eight-hundredths (0.08) gram of alcohol per:
1564	1564	36 (A) one hundred (100) milliliters of the person's blood; or
1565	1565	37 (B) two hundred ten (210) liters of the person's breath; or
1566	1566	38 (2) with a controlled substance listed in schedule I or II of
1567	1567	39 IC 35-48-2 or its metabolite, after the legalization date (as
1568	1568	40 defined in IC 35-31.5-2-186.4) not including THC, in the
1569	1569	41 person's blood; or
1570	1570	42 (3) after the legalization date (as defined in
1571	1571	2023 IN 1039—LS 6490/DI 106 37
1572	1572	1 IC 35-31.5-2-186.4), with at least five (5) nanograms per
1573	1573	2 milliliter of THC in the person's whole blood;
1574	1574	3 commits a Level 6 felony.
1575	1575	4 (c) A person who commits an offense under subsection (a) or (b)
1576	1576	5 commits a separate offense for each person or law enforcement animal
1577	1577	6 whose death (or catastrophic injury, in the case of a person) is caused
1578	1578	7 by the violation of subsection (a) or (b).
1579	1579	8 (d) It is a defense under subsection (a) or (b) that the person accused
1580	1580	9 of causing the death or catastrophic injury of another person or the
1581	1581	10 death of a law enforcement animal when operating a vehicle with a
1582	1582	11 controlled substance listed in schedule I or II of IC 35-48-2 or its
1583	1583	12 metabolite in the person's blood consumed the controlled substance in
1584	1584	13 accordance with a valid prescription or order of a practitioner (as
1585	1585	14 defined in IC 35-48-1) who acted in the course of the practitioner's
1586	1586	15 professional practice.
1587	1587	16 SECTION 10. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
1588	1588	17 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1589	1589	18 JULY 1, 2023]: Sec. 6. (a) A physician, a person trained in retrieving
1590	1590	19 contraband or obtaining bodily substance samples and acting under the
1591	1591	20 direction of or under a protocol prepared by a physician, or a licensed
1592	1592	21 health care professional acting within the professional's scope of
1593	1593	22 practice and under the direction of or under a protocol prepared by a
1594	1594	23 physician, who:
1595	1595	24 (1) obtains a blood, urine, or other bodily substance sample from
1596	1596	25 a person, regardless of whether the sample is taken for diagnostic
1597	1597	26 purposes or at the request of a law enforcement officer under this
1598	1598	27 section;
1599	1599	28 (2) performs a chemical test on blood, urine, or other bodily
1600	1600	29 substance obtained from a person; or
1601	1601	30 (3) searches for or retrieves contraband from the body cavity of an
1602	1602	31 individual;
1603	1603	32 shall deliver the sample or contraband or disclose the results of the test
1604	1604	33 to a law enforcement officer who requests the sample, contraband, or
1605	1605	34 results as a part of a criminal investigation. Samples, contraband, and
1606	1606	35 test results shall be provided to a law enforcement officer even if the
1607	1607	36 person has not consented to or otherwise authorized their release.
1608	1608	37 (b) A physician, a licensed health care professional, a hospital, or an
1609	1609	38 agent of a physician or hospital is not civilly or criminally liable for any
1610	1610	39 of the following:
1611	1611	40 (1) Disclosing test results in accordance with this section.
1612	1612	41 (2) Delivering contraband, or a blood, urine, or other bodily
1613	1613	42 substance sample in accordance with this section.
1614	1614	2023 IN 1039—LS 6490/DI 106 38
1615	1615	1 (3) Searching for or retrieving contraband or obtaining a blood,
1616	1616	2 urine, or other bodily substance sample in accordance with this
1617	1617	3 section.
1618	1618	4 (4) Disclosing to the prosecuting attorney or the deputy
1619	1619	5 prosecuting attorney for use at or testifying at the criminal trial of
1620	1620	6 the person as to facts observed or opinions formed.
1621	1621	7 (5) Failing to treat a person from whom contraband is retrieved or
1622	1622	8 a blood, urine, or other bodily substance sample is obtained at the
1623	1623	9 request of a law enforcement officer if the person declines
1624	1624	10 treatment.
1625	1625	11 (6) Injury to a person arising from the performance of duties in
1626	1626	12 good faith under this section. However, immunity does not apply
1627	1627	13 if the physician, licensed health care professional, hospital, or
1628	1628	14 agent of a physician or hospital acts with gross negligence or
1629	1629	15 willful or wanton misconduct.
1630	1630	16 (c) For the purposes of a criminal proceeding:
1631	1631	17 (1) the privileges arising from a patient-physician relationship do
1632	1632	18 not apply to the contraband, samples, test results, or testimony
1633	1633	19 described in this section; and
1634	1634	20 (2) contraband, samples, test results, and testimony may be
1635	1635	21 admitted in a proceeding in accordance with the applicable rules
1636	1636	22 of evidence.
1637	1637	23 (d) The exceptions to the patient-physician relationship specified in
1638	1638	24 subsection (c) do not affect those relationships in a proceeding that is
1639	1639	25 not a criminal proceeding.
1640	1640	26 (e) The contraband, test results, and samples obtained by a law
1641	1641	27 enforcement officer under subsection (a) may be disclosed only to a
1642	1642	28 prosecuting attorney or a deputy prosecuting attorney for use as
1643	1643	29 evidence in a criminal proceeding.
1644	1644	30 (f) This section does not require a physician or a person under the
1645	1645	31 direction of a physician to perform a chemical test or to retrieve
1646	1646	32 contraband.
1647	1647	33 (g) If the person:
1648	1648	34 (1) from whom the contraband is to be retrieved or the bodily
1649	1649	35 substance sample is to be obtained under this section does not
1650	1650	36 consent; and
1651	1651	37 (2) resists the retrieval of the contraband or the taking of a
1652	1652	38 sample;
1653	1653	39 the law enforcement officer may use reasonable force to assist an
1654	1654	40 individual, who must be authorized under this section to retrieve
1655	1655	41 contraband or obtain a sample, in the retrieval of the contraband or the
1656	1656	42 taking of the sample.
1657	1657	2023 IN 1039—LS 6490/DI 106 39
1658	1658	1 (h) The person authorized under this section to retrieve contraband
1659	1659	2 or obtain a bodily substance sample shall take the sample or retrieve
1660	1660	3 the contraband in a medically accepted manner.
1661	1661	4 (i) This subsection does not apply to contraband retrieved or a
1662	1662	5 bodily substance sample taken at a licensed hospital (as defined in
1663	1663	6 IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
1664	1664	7 may transport the person to a place where the contraband may be
1665	1665	8 retrieved or the sample may be obtained by any of the following
1666	1666	9 persons who are trained in retrieving contraband or obtaining bodily
1667	1667	10 substance samples and who have been engaged to retrieve contraband
1668	1668	11 or obtain samples under this section:
1669	1669	12 (1) A physician holding an unlimited license to practice medicine
1670	1670	13 or osteopathy.
1671	1671	14 (2) A registered nurse.
1672	1672	15 (3) A licensed practical nurse.
1673	1673	16 (4) An advanced emergency medical technician (as defined in
1674	1674	17 IC 16-18-2-6.5).
1675	1675	18 (5) A paramedic (as defined in IC 16-18-2-266).
1676	1676	19 (6) Except as provided in subsections (j) through (k), any other
1677	1677	20 person qualified through training, experience, or education to
1678	1678	21 retrieve contraband or obtain a bodily substance sample.
1679	1679	22 (j) A law enforcement officer may not retrieve contraband or obtain
1680	1680	23 a bodily substance sample under this section if the contraband is to be
1681	1681	24 retrieved or the sample is to be obtained from another law enforcement
1682	1682	25 officer as a result of the other law enforcement officer's involvement in
1683	1683	26 an accident or alleged crime.
1684	1684	27 (k) A law enforcement officer who is otherwise qualified to obtain
1685	1685	28 a bodily substance sample under this section may obtain a bodily
1686	1686	29 substance sample from a person involved in an accident or alleged
1687	1687	30 crime who is not a law enforcement officer only if:
1688	1688	31 (1) the officer obtained a bodily substance sample from an
1689	1689	32 individual as part of the officer's official duties as a law
1690	1690	33 enforcement officer; and
1691	1691	34 (2) the:
1692	1692	35 (A) person consents to the officer obtaining a bodily substance
1693	1693	36 sample; or
1694	1694	37 (B) obtaining of the bodily substance sample is authorized by
1695	1695	38 a search warrant.
1696	1696	39 (l) A physician or a person trained in obtaining bodily samples who
1697	1697	40 is acting under the direction of or under a protocol prepared by a
1698	1698	41 physician shall obtain a blood sample if the following conditions are
1699	1699	42 satisfied:
1700	1700	2023 IN 1039—LS 6490/DI 106 40
1701	1701	1 (1) A law enforcement officer requests that the sample be
1702	1702	2 obtained.
1703	1703	3 (2) The law enforcement officer has certified in writing the
1704	1704	4 following:
1705	1705	5 (A) That the officer has probable cause to believe the person
1706	1706	6 from whom the sample is to be obtained has violated
1707	1707	7 IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2),
1708	1708	8 IC 35-46-9-6(c)(2), or IC 35-46-9-6(c). IC 35-46-9-6(d).
1709	1709	9 (B) That the offense resulting in a criminal investigation
1710	1710	10 described in subsection (a) occurred not more than three (3)
1711	1711	11 hours before the time the sample is requested.
1712	1712	12 (C) That exigent circumstances exist that create pressing
1713	1713	13 health, safety, or law enforcement needs that would take
1714	1714	14 priority over a warrant application.
1715	1715	15 (3) Not more than the use of reasonable force is necessary to
1716	1716	16 obtain the sample.
1717	1717	17 SECTION 11. IC 35-31.5-2-186.4 IS ADDED TO THE INDIANA
1718	1718	18 CODE AS A NEW SECTION TO READ AS FOLLOWS
1719	1719	19 [EFFECTIVE JULY 1, 2023]: Sec. 186.4. "Legalization date" means
1720	1720	20 July 1 following the date that the United States removes marijuana
1721	1721	21 as a schedule I controlled substance.
1722	1722	22 SECTION 12. IC 35-38-9-1.5 IS ADDED TO THE INDIANA
1723	1723	23 CODE AS A NEW SECTION TO READ AS FOLLOWS
1724	1724	24 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) This section applies only
1725	1725	25 to a person convicted of one (1) or more of the following offenses
1726	1726	26 if the act constituting the offense is now permitted under
1727	1727	27 IC 7.1-8-3:
1728	1728	28 (1) IC 35-48-4-8.3 (possession of paraphernalia).
1729	1729	29 (2) IC 35-48-4-8.5 (dealing in paraphernalia).
1730	1730	30 (3) IC 35-48-4-10 (dealing in marijuana).
1731	1731	31 (4) IC 35-48-4-11 (possession of marijuana).
1732	1732	32 (b) At any time after the legalization date, a person to whom this
1733	1733	33 section applies may petition a court to expunge all conviction
1734	1734	34 records, including records contained in:
1735	1735	35 (1) a court's files;
1736	1736	36 (2) the files of the department of correction;
1737	1737	37 (3) the files of the bureau of motor vehicles; and
1738	1738	38 (4) the files of any other person who provided treatment or
1739	1739	39 services to the petitioning person under a court order;
1740	1740	40 that relate to the person's conviction, including records of a
1741	1741	41 collateral action.
1742	1742	42 (c) A petition for expungement of records must be verified and
1743	1743	2023 IN 1039—LS 6490/DI 106 41
1744	1744	1 filed in a circuit or superior court in the county of conviction. The
1745	1745	2 petition must set forth:
1746	1746	3 (1) the date of the conviction;
1747	1747	4 (2) the county of conviction;
1748	1748	5 (3) the court that entered the conviction;
1749	1749	6 (4) any other known identifying information, such as:
1750	1750	7 (A) the name of the arresting officer;
1751	1751	8 (B) the case number or court cause number;
1752	1752	9 (C) any aliases or other names used by the petitioner;
1753	1753	10 (D) the petitioner's driver's license number; and
1754	1754	11 (E) a list of each criminal charge and its disposition, if
1755	1755	12 applicable;
1756	1756	13 (5) the date of the petitioner's birth; and
1757	1757	14 (6) the petitioner's Social Security number.
1758	1758	15 A person who files a petition under this section is not required to
1759	1759	16 pay a filing fee.
1760	1760	17 (d) The court shall serve a copy of the petition on the
1761	1761	18 prosecuting attorney.
1762	1762	19 (e) Upon receipt of a petition for expungement, the court:
1763	1763	20 (1) may summarily deny the petition if the petition does not
1764	1764	21 meet the requirements of this section, or if the statements
1765	1765	22 contained in the petition indicate that the petitioner is not
1766	1766	23 entitled to relief; and
1767	1767	24 (2) shall grant the petition unless the conditions described in
1768	1768	25 subsection (a) have not been met.
1769	1769	26 (f) Whenever the petition of a person under this section is
1770	1770	27 granted:
1771	1771	28 (1) no information concerning the conviction (including
1772	1772	29 information from a collateral action that identifies the
1773	1773	30 petitioner) may be placed or retained in any state central
1774	1774	31 repository for criminal history information or in any other
1775	1775	32 alphabetically arranged criminal history information system
1776	1776	33 maintained by a local, regional, or statewide law enforcement
1777	1777	34 agency;
1778	1778	35 (2) the clerk of the supreme court shall seal or redact any
1779	1779	36 records in the clerk's possession that relate to the vacated
1780	1780	37 conviction;
1781	1781	38 (3) the records of:
1782	1782	39 (A) the sentencing court;
1783	1783	40 (B) a court that conducted a collateral action;
1784	1784	41 (C) a court of appeals; and
1785	1785	42 (D) the supreme court;
1786	1786	2023 IN 1039—LS 6490/DI 106 42
1787	1787	1 concerning the person shall be redacted or permanently
1788	1788	2 sealed; and
1789	1789	3 (4) with respect to the records of a person who is named as an
1790	1790	4 appellant or an appellee in an opinion or memorandum
1791	1791	5 decision by the supreme court or the court of appeals, or who
1792	1792	6 is identified in a collateral action, the court shall:
1793	1793	7 (A) redact the opinion or memorandum decision as it
1794	1794	8 appears on the computer gateway administered by the
1795	1795	9 office of technology so that it does not include the
1796	1796	10 petitioner's name (in the same manner that opinions
1797	1797	11 involving juveniles are redacted); and
1798	1798	12 (B) provide a redacted copy of the opinion to any publisher
1799	1799	13 or organization to whom the opinion or memorandum
1800	1800	14 decision is provided after the date of the order of
1801	1801	15 expungement.
1802	1802	16 The supreme court and the court of appeals are not required to
1803	1803	17 redact, destroy, or otherwise dispose of any existing copy of an
1804	1804	18 opinion or memorandum decision that includes the petitioner's
1805	1805	19 name.
1806	1806	20 (g) If the court issues an order granting a petition for
1807	1807	21 expungement under this section, the order must include the
1808	1808	22 information described in subsection (f).
1809	1809	23 (h) If a person whose records are expunged brings an action that
1810	1810	24 might be defended with the contents of the expunged records, the
1811	1811	25 defendant is presumed to have a complete defense to the action. In
1812	1812	26 order for the plaintiff to recover, the plaintiff must show that the
1813	1813	27 contents of the expunged records would not exonerate the
1814	1814	28 defendant. The plaintiff may be required to state under oath
1815	1815	29 whether the plaintiff had records in the criminal or juvenile justice
1816	1816	30 system and whether those records were expunged. If the plaintiff
1817	1817	31 denies the existence of the records, the defendant may prove their
1818	1818	32 existence in any manner compatible with the law of evidence.
1819	1819	33 SECTION 13. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
1820	1820	34 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1821	1821	35 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
1822	1822	36 (c) and (d), a person who operates a motorboat while:
1823	1823	37 (1) having an alcohol concentration equivalent (as defined in
1824	1824	38 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
1825	1825	39 per:
1826	1826	40 (A) one hundred (100) milliliters of the person's blood; or
1827	1827	41 (B) two hundred ten (210) liters of the person's breath;
1828	1828	42 (2) having a controlled substance listed in schedule I or II of
1829	1829	2023 IN 1039—LS 6490/DI 106 43
1830	1830	1 IC 35-48-2 or its metabolite, after the legalization date not
1831	1831	2 including THC, in the person's body; or
1832	1832	3 (3) intoxicated;
1833	1833	4 commits a Class C misdemeanor.
1834	1834	5 (b) This subsection applies after the legalization date. A person
1835	1835	6 who:
1836	1836	7 (1) operates a vehicle with at least five (5) nanograms per
1837	1837	8 milliliter of THC in the person's whole blood; and
1838	1838	9 (2) is impaired;
1839	1839	10 commits a Class C misdemeanor.
1840	1840	11 (b) (c) The offense under subsection (a) or (b) is a Level 6 felony
1841	1841	12 if:
1842	1842	13 (1) the person has a previous conviction under:
1843	1843	14 (A) IC 14-1-5 (repealed);
1844	1844	15 (B) IC 14-15-8-8 (repealed); or
1845	1845	16 (C) this chapter; or
1846	1846	17 (2) the offense results in serious bodily injury to another person.
1847	1847	18 (c) (d) The offense under subsection (a) or (b) is a Level 5 felony
1848	1848	19 if the offense results in the death or catastrophic injury of another
1849	1849	20 person.
1850	1850	21 (d) (e) It is a defense to a prosecution under subsection (a)(2) that
1851	1851	22 the accused person consumed the controlled substance in accordance
1852	1852	23 with a valid prescription or order of a practitioner (as defined in
1853	1853	24 IC 35-48-1-24) who acted in the course of the practitioner's
1854	1854	25 professional practice.
1855	1855	26 SECTION 14. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
1856	1856	27 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1857	1857	28 JULY 1, 2023]: Sec. 8.3. (a) This section does not apply to:
1858	1858	29 (1) a rolling paper; or
1859	1859	30 (2) after the legalization date, a person, including an adult
1860	1860	31 cannabis user, patient, caregiver, cannabis organization,
1861	1861	32 research facility, or transporter described in IC 7.1-8, if the
1862	1862	33 person is in substantial compliance with the requirements of
1863	1863	34 IC 7.1-8.
1864	1864	35 (b) A person who knowingly or intentionally possesses an
1865	1865	36 instrument, a device, or another object that the person intends to use
1866	1866	37 for:
1867	1867	38 (1) introducing into the person's body a controlled substance;
1868	1868	39 (2) testing the strength, effectiveness, or purity of a controlled
1869	1869	40 substance; or
1870	1870	41 (3) enhancing the effect of a controlled substance;
1871	1871	42 commits a Class C misdemeanor. However, the offense is a Class A
1872	1872	2023 IN 1039—LS 6490/DI 106 44
1873	1873	1 misdemeanor if the person has a prior unrelated judgment or conviction
1874	1874	2 under this section.
1875	1875	3 SECTION 15. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
1876	1876	4 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1877	1877	5 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
1878	1878	6 sale, delivers, or finances the delivery of a raw material, an instrument,
1879	1879	7 a device, or other object that is intended to be or that is designed or
1880	1880	8 marketed to be used primarily for:
1881	1881	9 (1) ingesting, inhaling, or otherwise introducing into the human
1882	1882	10 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
1883	1883	11 controlled substance;
1884	1884	12 (2) testing the strength, effectiveness, or purity of marijuana, hash
1885	1885	13 oil, hashish, salvia, a synthetic drug, or a controlled substance;
1886	1886	14 (3) enhancing the effect of a controlled substance;
1887	1887	15 (4) manufacturing, compounding, converting, producing,
1888	1888	16 processing, or preparing marijuana, hash oil, hashish, salvia, a
1889	1889	17 synthetic drug, or a controlled substance;
1890	1890	18 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
1891	1891	19 synthetic drug, or a controlled substance by individuals; or
1892	1892	20 (6) any purpose announced or described by the seller that is in
1893	1893	21 violation of this chapter;
1894	1894	22 commits a Class A infraction for dealing in paraphernalia.
1895	1895	23 (b) A person who knowingly or intentionally violates subsection (a)
1896	1896	24 commits a Class A misdemeanor. However, the offense is a Level 6
1897	1897	25 felony if the person has a prior unrelated judgment or conviction under
1898	1898	26 this section.
1899	1899	27 (c) This section does not apply to the following:
1900	1900	28 (1) Items marketed for use in the preparation, compounding,
1901	1901	29 packaging, labeling, or other use of marijuana, hash oil, hashish,
1902	1902	30 salvia, a synthetic drug, or a controlled substance as an incident
1903	1903	31 to lawful research, teaching, or chemical analysis and not for sale.
1904	1904	32 (2) Items marketed for or historically and customarily used in
1905	1905	33 connection with the planting, propagating, cultivating, growing,
1906	1906	34 harvesting, manufacturing, compounding, converting, producing,
1907	1907	35 processing, preparing, testing, analyzing, packaging, repackaging,
1908	1908	36 storing, containing, concealing, injecting, ingesting, or inhaling
1909	1909	37 of tobacco or any other lawful substance.
1910	1910	38 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
1911	1911	39 a syringe or needle as part of a program under IC 16-41-7.5.
1912	1912	40 (4) Any entity or person that provides funding to a qualified entity
1913	1913	41 (as defined in IC 16-41-7.5-3) to operate a program described in
1914	1914	42 IC 16-41-7.5.
1915	1915	2023 IN 1039—LS 6490/DI 106 45
1916	1916	1 (5) After the legalization date, a person, including an adult
1917	1917	2 cannabis user, patient, caregiver, cannabis organization,
1918	1918	3 research facility, or transporter described in IC 7.1-8, if the
1919	1919	4 person is in substantial compliance with the requirements of
1920	1920	5 IC 7.1-8.
1921	1921	6 SECTION 16. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
1922	1922	7 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1923	1923	8 JULY 1, 2023]: Sec. 10. (a) A person who:
1924	1924	9 (1) knowingly or intentionally:
1925	1925	10 (A) manufactures;
1926	1926	11 (B) finances the manufacture of;
1927	1927	12 (C) delivers; or
1928	1928	13 (D) finances the delivery of;
1929	1929	14 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
1930	1930	15 (2) possesses, with intent to:
1931	1931	16 (A) manufacture;
1932	1932	17 (B) finance the manufacture of;
1933	1933	18 (C) deliver; or
1934	1934	19 (D) finance the delivery of;
1935	1935	20 marijuana, hash oil, hashish, or salvia, pure or adulterated;
1936	1936	21 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
1937	1937	22 misdemeanor, except as provided in subsections (b) through (d).
1938	1938	23 (b) A person may be convicted of an offense under subsection (a)(2)
1939	1939	24 only if:
1940	1940	25 (1) there is evidence in addition to the weight of the drug that the
1941	1941	26 person intended to manufacture, finance the manufacture of,
1942	1942	27 deliver, or finance the delivery of the drug; or
1943	1943	28 (2) the amount of the drug involved is at least:
1944	1944	29 (A) ten (10) pounds, if the drug is marijuana; or
1945	1945	30 (B) three hundred (300) grams, if the drug is hash oil, hashish,
1946	1946	31 or salvia.
1947	1947	32 (c) The offense is a Level 6 felony if:
1948	1948	33 (1) the person has a prior conviction for a drug offense and the
1949	1949	34 amount of the drug involved is:
1950	1950	35 (A) less than thirty (30) grams of marijuana; or
1951	1951	36 (B) less than five (5) grams of hash oil, hashish, or salvia; or
1952	1952	37 (2) the amount of the drug involved is:
1953	1953	38 (A) at least thirty (30) grams but less than ten (10) pounds of
1954	1954	39 marijuana; or
1955	1955	40 (B) at least five (5) grams but less than three hundred (300)
1956	1956	41 grams of hash oil, hashish, or salvia.
1957	1957	42 (d) The offense is a Level 5 felony if:
1958	1958	2023 IN 1039—LS 6490/DI 106 46
1959	1959	1 (1) the person has a prior conviction for a drug dealing offense
1960	1960	2 and the amount of the drug involved is:
1961	1961	3 (A) at least thirty (30) grams but less than ten (10) pounds of
1962	1962	4 marijuana; or
1963	1963	5 (B) at least five (5) grams but less than three hundred (300)
1964	1964	6 grams of hash oil, hashish, or salvia;
1965	1965	7 (2) the:
1966	1966	8 (A) amount of the drug involved is:
1967	1967	9 (i) at least ten (10) pounds of marijuana; or
1968	1968	10 (ii) at least three hundred (300) grams of hash oil, hashish,
1969	1969	11 or salvia; or
1970	1970	12 (B) offense involved a sale to a minor; or
1971	1971	13 (3) the:
1972	1972	14 (A) person is a retailer;
1973	1973	15 (B) marijuana, hash oil, hashish, or salvia is packaged in a
1974	1974	16 manner that appears to be low THC hemp extract; and
1975	1975	17 (C) person knew or reasonably should have known that the
1976	1976	18 product was marijuana, hash oil, hashish, or salvia.
1977	1977	19 (e) After the legalization date, this section does not apply to a
1978	1978	20 person, including an adult cannabis user, patient, caregiver,
1979	1979	21 cannabis organization, research facility, or transporter described
1980	1980	22 in IC 7.1-8, if the person is in substantial compliance with the
1981	1981	23 requirements of IC 7.1-8.
1982	1982	24 SECTION 17. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
1983	1983	25 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1984	1984	26 JULY 1, 2023]: Sec. 11. (a) A person who:
1985	1985	27 (1) knowingly or intentionally possesses (pure or adulterated)
1986	1986	28 marijuana, hash oil, hashish, or salvia;
1987	1987	29 (2) knowingly or intentionally grows or cultivates marijuana; or
1988	1988	30 (3) knowing that marijuana is growing on the person's premises,
1989	1989	31 fails to destroy the marijuana plants;
1990	1990	32 commits possession of marijuana, hash oil, hashish, or salvia, a Class
1991	1991	33 B misdemeanor, except as provided in subsections (b) through (c).
1992	1992	34 (b) The offense described in subsection (a) is a Class A
1993	1993	35 misdemeanor if:
1994	1994	36 (1) the person has a prior conviction for a drug offense; or
1995	1995	37 (2) the:
1996	1996	38 (A) marijuana, hash oil, hashish, or salvia is packaged in a
1997	1997	39 manner that appears to be low THC hemp extract; and
1998	1998	40 (B) person knew or reasonably should have known that the
1999	1999	41 product was marijuana, hash oil, hashish, or salvia.
2000	2000	42 (c) The offense described in subsection (a) is a Level 6 felony if:
2001	2001	2023 IN 1039—LS 6490/DI 106 47
2002	2002	1 (1) the person has a prior conviction for a drug offense; and
2003	2003	2 (2) the person possesses:
2004	2004	3 (A) at least thirty (30) grams of marijuana; or
2005	2005	4 (B) at least five (5) grams of hash oil, hashish, or salvia.
2006	2006	5 (d) After the legalization date, this section does not apply to a
2007	2007	6 person, including an adult cannabis user, patient, caregiver,
2008	2008	7 cannabis organization, research facility, or transporter described
2009	2009	8 in IC 7.1-8, if the person is in substantial compliance with the
2010	2010	9 requirements of IC 7.1-8.
2011	2011	2023 IN 1039—LS 6490/DI 106