Introduced Version
HOUSE BILL No. 1039
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-5-41.1; IC 6-2.5-5-58; IC 6-7; IC 7.1-8;
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;
IC 35-48-4.
Synopsis: Medical and adult use cannabis. After marijuana is removed
as a federal schedule I controlled substance, permits the use of
cannabis by: (1) a person at least 21 years of age; and (2) a person with
a serious medical condition as determined by the person's physician.
Establishes the adult use cannabis excise tax, and requires a retailer to
transfer the tax to the department of state revenue for deposit in the
state general fund. Exempts veterans from payment of the sales tax on
medical or adult use cannabis. Establishes a cannabis program to
permit the cultivation, processing, testing, transportation, and sale of
cannabis by holders of a valid permit. Establishes the Indiana cannabis
commission (ICC) as a state agency to oversee, implement, and enforce
the program, and establishes the ICC advisory committee to review the
effectiveness of the program. Requires that permit holders take steps
to prevent diversion of cannabis to unauthorized persons. Requires that
cannabis and cannabis products be properly labeled, placed in child
resistant packaging, and tested by an independent testing laboratory
before being made available for purchase. Prohibits packaging
cannabis in a manner that is appealing to children. Authorizes research
on cannabis in accordance with rules set forth by the ICC. Establishes
a procedure for the expungement of a cannabis related conviction if the
act constituting the conviction becomes legal. Makes conforming
amendments.
Effective: July 1, 2023.
Teshka, Bartels, Miller D, Moed
January 9, 2023, read first time and referred to Committee on Public Health.
2023 IN 1039—LS 6490/DI 106 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1039
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-41.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]:
4 Chapter 41.1. ICC Advisory Committee
5 Sec. 1. The following definitions apply throughout this chapter:
6 (1) "Advisory committee" means the ICC advisory committee
7 established by section 2 of this chapter.
8 (2) "ICC" means the Indiana cannabis commission
9 established by IC 7.1-9-2-1.
10 Sec. 2. The ICC advisory committee is established.
11 Sec. 3. (a) The advisory committee consists of the following four
12 (4) voting members and eight (8) nonvoting members:
13 (1) One (1) legislative member appointed by the speaker.
14 (2) One (1) legislative member appointed by the minority
15 leader of the house of representatives.
16 (3) One (1) legislative member appointed by the president pro
17 tempore.
2023 IN 1039—LS 6490/DI 106 2
1 (4) One (1) legislative member appointed by the minority
2 leader of the senate.
3 (5) One (1) representative of law enforcement, appointed as a
4 nonvoting member by the speaker.
5 (6) One (1) individual having experience in the treatment of
6 medical conditions by means of cannabis as a patient,
7 physician, or caregiver, appointed as a nonvoting member by
8 the president pro tempore.
9 (7) The commissioner of the department of state revenue or
10 the commissioner's designee, who serves as a nonvoting
11 member.
12 (8) The director of the department of agriculture or the
13 director's designee, who serves as a nonvoting member.
14 (9) The state health commissioner or the commissioner's
15 designee, who serves as a nonvoting member.
16 (10) A representative of an Indiana based cannabis trade
17 organization, appointed by the speaker as a nonvoting
18 member.
19 (11) A representative of an experienced manufacturer of low
20 THC hemp extract, appointed by the president pro tempore
21 as a nonvoting member.
22 (12) An experienced hemp grower, appointed by the state seed
23 commissioner as a nonvoting member.
24 (b) The chairperson of the legislative council shall annually
25 select one (1) of the voting members to serve as chairperson.
26 Sec. 4. (a) A legislative member of the advisory committee may
27 be removed at any time by the appointing authority who appointed
28 the legislative member.
29 (b) If a vacancy exists on the advisory committee, the appointing
30 authority who appointed the former member whose position has
31 become vacant shall appoint an individual to fill the vacancy.
32 Sec. 5. Each member of the advisory committee is entitled to
33 receive the same per diem, mileage, and travel allowances paid to
34 individuals who serve as legislative and lay members, respectively,
35 of interim study committees established by the legislative council.
36 Sec. 6. The affirmative votes of a majority of the voting
37 members appointed to the advisory committee are required for the
38 advisory committee to take action on any measure, including final
39 reports.
40 Sec. 7. The advisory committee shall do the following, as
41 applicable:
42 (1) Review rules adopted by the ICC.
2023 IN 1039—LS 6490/DI 106 3
1 (2) Review legislative proposals suggested by the ICC.
2 (3) Evaluate the cannabis research and development program
3 under IC 7.1-9-5.
4 (4) Evaluate the operation of the medical and adult use
5 cannabis programs.
6 (5) Before the legalization date (as defined in
7 IC 35-31.5-2-186.4), meet, adopt rules, consider testimony,
8 make recommendations, and take any other action to prepare
9 for and in anticipation of the legalization of medical and adult
10 use cannabis.
11 (6) Consider any other matter that has bearing on the
12 operation of the medical and adult use cannabis programs.
13 SECTION 2. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
15 1, 2023]: Sec. 58. Transactions involving medical cannabis (as
16 defined in IC 7.1-8-1-1) and adult use cannabis (as defined in
17 IC 7.1-8-1-1) are exempt from the state gross retail tax if the
18 person acquiring the cannabis is a veteran (as defined in
19 IC 23-14-54.5-5).
20 SECTION 3. IC 6-7-3-0.5 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
22 1, 2023]: Sec. 0.5. This chapter does not apply after the legalization
23 date (as defined in IC 35-31.5-2-186.4).
24 SECTION 4. IC 6-7-5 IS ADDED TO THE INDIANA CODE AS
25 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
26 1, 2023]:
27 Chapter 5. Adult Use Cannabis Excise Tax
28 Sec. 0.5. This chapter applies after the legalization date (as
29 defined in IC 35-31.5-2-186.4).
30 Sec. 1. The following definitions apply throughout this chapter:
31 (1) "Adult use cannabis" has the meaning set forth in
32 IC 7.1-8-1-1.
33 (2) "Department" means the department of state revenue.
34 (3) "Medical cannabis" has the meaning set forth in
35 IC 7.1-8-1-1.
36 (4) "Qualified retailer" has the meaning set forth in
37 IC 7.1-8-1-1.
38 Sec. 2. The adult use cannabis excise tax is imposed on adult use
39 cannabis sold in Indiana. The adult use cannabis excise tax is not
40 imposed on medical cannabis.
41 Sec. 3. The adult use cannabis excise tax is:
42 (1) one percent (1%) of the gross retail income received by the
2023 IN 1039—LS 6490/DI 106 4
1 qualified retailer for the purchase of adult use cannabis,
2 during the first state fiscal year in which the sale of cannabis
3 becomes legal under IC 7.1-8;
4 (2) two percent (2%) of the gross retail income received by the
5 qualified retailer for the purchase of adult use cannabis,
6 during the second state fiscal year in which the sale of
7 cannabis becomes legal under IC 7.1-8; and
8 (3) three percent (3%) of the gross retail income received by
9 the qualified retailer for the purchase of adult use cannabis,
10 during and after the third state fiscal year in which the sale of
11 cannabis becomes legal under IC 7.1-8.
12 Sec. 4. A qualified retailer shall collect the adult use cannabis
13 excise tax at the time the adult use cannabis is dispensed.
14 Sec. 5. Before the fifteenth day of each month, each qualified
15 retailer liable for the tax imposed by this chapter shall:
16 (1) file a return with the department that includes all
17 information required by the department, including the:
18 (A) name of the qualified retailer;
19 (B) address of the qualified retailer;
20 (C) invoice date;
21 (D) invoice number; and
22 (E) gross retail income received from the sale of adult use
23 cannabis dispensed during the preceding month; and
24 (2) pay the tax for which it is liable under this chapter for the
25 preceding month, minus the amount specified in section 6 of
26 this chapter.
27 All returns required to be filed and taxes required to be paid under
28 this chapter must be made in an electronic format prescribed by
29 the department.
30 Sec. 6. A qualified retailer that files a complete return and pays
31 the tax due within the time specified in section 5 of this chapter is
32 entitled to deduct and retain from the tax a collection allowance of
33 seven-thousandths (0.007) of the amount due. If a qualified retailer
34 files an incomplete report, the department may reduce the
35 collection allowance by an amount that does not exceed the lesser
36 of:
37 (1) ten percent (10%) of the collection allowance; or
38 (2) fifty dollars ($50).
39 Sec. 7. The department shall deposit the taxes collected under
40 this chapter in the state general fund.
41 SECTION 5. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
42 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2023 IN 1039—LS 6490/DI 106 5
1 2023]:
2 ARTICLE 8. CANNABIS
3 Chapter 0.5. Application
4 Sec. 1. This article applies on July 1 following the date that the
5 United States removes marijuana as a schedule I controlled
6 substance.
7 Chapter 1. Definitions
8 Sec. 1. The following definitions apply throughout this article:
9 (1) "Adult cannabis user" means a person at least twenty-one
10 (21) years of age who has not been issued a patient or
11 caregiver identification card, unless the patient or caregiver
12 identification card has expired.
13 (2) "Adult use cannabis" means cannabis for use by a person
14 at least twenty-one (21) years of age.
15 (3) "Cannabis" means any part of the plant genus Cannabis.
16 (4) "Cannabis organization" means a qualified retailer, a
17 grower, a processor, or a testing laboratory.
18 (5) "Caregiver" means the individual designated by a patient
19 under this article to obtain, possess, deliver, and assist in the
20 administration of cannabis to the patient.
21 (6) "Certification" means the certification issued to a patient
22 by a physician under this article.
23 (7) "Family or household member" means a person described
24 in IC 35-31.5-2-128.
25 (8) "Form of cannabis" means the characteristics of the
26 cannabis recommended for a particular patient, including the
27 method of consumption, and any particular dosage, strain,
28 variety, quantity, or percentage of cannabis or of a particular
29 active ingredient.
30 (9) "Grower" means a person that holds a permit issued by
31 the ICC to grow cannabis.
32 (10) "ICC" means the Indiana cannabis commission
33 established by IC 7.1-9-2-1.
34 (11) "ICC committee" means the ICC commissioners
35 described in IC 7.1-9-2.
36 (12) "INSPECT" means the Indiana scheduled prescription
37 electronic collection and tracking program established by
38 IC 25-1-13-4.
39 (13) "Medical cannabis" means cannabis for medical use.
40 (14) "Patient" means an individual who:
41 (A) has a serious medical condition; and
42 (B) meets the requirements for certification for the use of
2023 IN 1039—LS 6490/DI 106 6
1 cannabis under this article.
2 (15) "Patient or caregiver identification card" means a
3 document issued to a patient or caregiver by the ICC
4 authorizing access to cannabis.
5 (16) "Permit" means an authorization issued by the ICC to a
6 cannabis organization to conduct activities under this article.
7 (17) "Processor" means a person that holds a permit issued by
8 the ICC to process or convert cannabis into a marketable
9 form.
10 (18) "Qualified retailer" means a person that holds a permit
11 issued by the ICC to sell cannabis.
12 (19) "Serious medical condition" means a medical condition
13 for which, in the professional opinion of a physician, the
14 benefits of treatment with cannabis are greater than the risks
15 of treatment with cannabis.
16 (20) "Testing laboratory" means a laboratory that analyzes
17 cannabis.
18 (21) "Transporter" means a person who transports cannabis
19 or paraphernalia. The term includes a person who does not
20 possess a permit or patient or caregiver identification card.
21 Chapter 2. Cannabis Program
22 Sec. 1. (a) The cannabis program is established to serve:
23 (1) patients suffering from a serious medical condition; and
24 (2) adult cannabis users.
25 (b) The ICC shall administer the program.
26 (c) The ICC has regulatory, enforcement, and exporting
27 authority over the growing, processing, sale, transporting, and use
28 of medical and adult use cannabis. The ICC shall contract with the
29 state chemist for the testing and growing of medical and adult use
30 cannabis.
31 Sec. 2. The ICC shall do the following:
32 (1) Issue a permit to a qualifying cannabis organization
33 authorizing it to grow, process, sell, or test cannabis.
34 (2) Establish and maintain an electronic data base to store
35 and track information relating to the cannabis program. The
36 data base must:
37 (A) have the ability to authenticate in real time a patient or
38 caregiver identification card presented to a qualified
39 retailer;
40 (B) track in real time the amount of cannabis provided to:
41 (i) a patient or caregiver; or
42 (ii) an adult cannabis user;
2023 IN 1039—LS 6490/DI 106 7
1 at a qualified retailer, share this information in real time
2 with other qualified retailers to prevent diversion, and
3 issue a "stop sale" warning if a purchaser will exceed the
4 allowable amount of cannabis that the purchaser may
5 possess;
6 (C) store records relating to a certification, including, if
7 applicable, the recommended form of cannabis and any
8 early expiration date recommended by the physician; and
9 (D) track the cultivation, processing, transport, storage,
10 and sale of cannabis.
11 (3) Maintain within the ICC's data base an electronic
12 directory of patients and caregivers approved to use or assist
13 in the administration of medical cannabis.
14 (4) Develop enforcement procedures, including announced
15 and unannounced inspections of:
16 (A) a qualified retailer;
17 (B) a grower facility;
18 (C) a processor facility; and
19 (D) all records of a cannabis organization.
20 (5) Establish a program to authorize the use of cannabis for
21 research purposes, and issue documents to permit a
22 researcher to obtain cannabis for research purposes.
23 (6) Establish and maintain public outreach programs about
24 the cannabis program, including:
25 (A) a dedicated telephone number for adult cannabis users,
26 patients, caregivers, and members of the public to obtain
27 basic information about the sale of medical and adult use
28 cannabis; and
29 (B) a publicly accessible website containing information
30 similar to that described in clause (A).
31 (7) Collaborate as necessary with other state agencies, and
32 contract with third parties as necessary to carry out the
33 cannabis program, including public education campaigns
34 regarding the dangers of impaired driving and inappropriate
35 consumption by youth.
36 (8) Develop record keeping requirements for all books and
37 papers, any electronic data base or tracking system data, and
38 other information of a cannabis organization. Information
39 shall be retained for at least four (4) years unless otherwise
40 provided by the ICC.
41 (9) Restrict the advertising and marketing of cannabis, which
42 must be consistent with the federal regulations governing
2023 IN 1039—LS 6490/DI 106 8
1 prescription drug advertising and marketing.
2 Sec. 3. (a) The ICC shall adopt rules under IC 4-22-2 to
3 implement this article.
4 (b) The ICC may adopt emergency rules in the manner provided
5 under IC 4-22-2-37.1 to implement this article. Emergency rules
6 adopted under this subsection expire on the later of:
7 (1) the date permanent rules are adopted to replace the
8 emergency rules; or
9 (2) July 1, 2024.
10 Sec. 4. (a) The ICC shall maintain a confidential list of patients
11 and caregivers to whom it has issued patient or caregiver
12 identification cards. Except as provided in subsection (b), all
13 information obtained by the ICC relating to patients, caregivers,
14 and other applicants is confidential.
15 (b) The following records are public:
16 (1) An application for a permit submitted by a cannabis
17 organization.
18 (2) Information relating to penalties or other disciplinary
19 actions taken against a cannabis organization for violation of
20 this article.
21 Chapter 3. Use of Cannabis
22 Sec. 1. Notwithstanding any law to the contrary, the use,
23 possession, delivery, distribution, transport, cultivation, or
24 manufacture of:
25 (1) cannabis; or
26 (2) paraphernalia used in connection with cannabis;
27 is lawful if the use or possession complies with this article.
28 However, this article does not authorize a person to operate a
29 motor vehicle, a motorboat, or any other device or equipment
30 while under the influence of cannabis.
31 Sec. 2. The use of medical cannabis is subject to the following:
32 (1) Cannabis may be sold only to:
33 (A) a patient who receives a certification from a physician
34 and is in possession of a valid patient or caregiver
35 identification card issued by the ICC that authorizes sale
36 of cannabis to the patient;
37 (B) a caregiver who possesses a valid patient or caregiver
38 identification card issued by the ICC; or
39 (C) a research facility authorized by the ICC, under terms
40 and conditions established by the ICC.
41 (2) If a physician has ordered that cannabis be sold in a
42 specific form, cannabis may be sold only in that form.
2023 IN 1039—LS 6490/DI 106 9
1 (3) An individual may not act as a caregiver for more than ten
2 (10) patients.
3 (4) A patient may designate up to two (2) caregivers at any
4 one (1) time.
5 (5) Cannabis that has not been used by the patient shall be
6 kept in the original package in which it was sold.
7 (6) A patient or caregiver shall possess a patient or caregiver
8 identification card whenever the patient or caregiver is in
9 possession of cannabis.
10 Sec. 3. The use of adult use cannabis is subject to the following:
11 (1) Adult use cannabis may be sold only to an adult cannabis
12 user.
13 (2) In any thirty (30) day period, an adult cannabis user may
14 possess not more than one (1) ounce of cannabis.
15 (3) If cannabis is transported in a motor vehicle, it must be
16 kept in a secured and sealed container.
17 (4) An adult cannabis user may not cultivate cannabis.
18 (5) To purchase adult use cannabis, the purchaser must
19 present a valid, government issued photo identification card
20 displaying the person's date of birth.
21 Sec. 4. A product packaged by a cannabis organization may be
22 identified only by:
23 (1) the name of the grower or processor;
24 (2) the name of the qualified retailer;
25 (3) the form and species of cannabis;
26 (4) the percentage of tetrahydrocannabinol and cannabinol
27 contained in the product;
28 (5) the harvest or manufacture date, as applicable; and
29 (6) any other labeling required by the ICC.
30 Sec. 5. (a) Except as expressly otherwise provided in this article,
31 the possession or use of cannabis is unlawful.
32 (b) In addition to any other penalty provided by law, the
33 unlawful possession or use of cannabis may be a crime under
34 IC 35-48-4.
35 Sec. 6. The following acts are unlawful:
36 (1) To grow cannabis unless the person:
37 (A) is a grower that has received a permit from the ICC;
38 (B) is a patient with a valid patient or caregiver
39 identification card who is authorized to cultivate cannabis
40 for personal use under this article; or
41 (C) is a research facility authorized by the ICC.
42 (2) To sell cannabis unless the qualified retailer has received
2023 IN 1039—LS 6490/DI 106 10
1 a permit from the ICC.
2 Chapter 4. Physicians
3 Sec. 1. (a) A physician who issues a certification to a patient
4 under this article may not have an ownership interest in a cannabis
5 organization.
6 (b) A physician may issue a certification to a patient only if the
7 physician:
8 (1) establishes and intends to maintain a bona fide
9 physician-patient relationship with the patient for the
10 provision of medical services that is established by an
11 in-person visit and for which there is an expectation that the
12 physician will provide care to the patient on an ongoing basis;
13 or
14 (2) establishes coordination with the patient's existing
15 primary physician for treatment of the patient's serious
16 medical condition.
17 (c) A physician who violates this section may be subject to
18 professional discipline.
19 Sec. 2. A physician may issue a certification to use cannabis to
20 a patient if the following requirements are met:
21 (1) The physician has determined that the patient has a
22 serious medical condition and has included the serious
23 medical condition in the patient's health care record.
24 (2) The patient is under the physician's continuing care for the
25 serious medical condition, except as provided in section
26 1(b)(2) of this chapter.
27 (3) The physician has determined the patient is likely to
28 receive therapeutic or palliative benefit from the use of
29 cannabis.
30 Sec. 3. A physician issuing a certification under section 1(b)(2)
31 of this chapter may not issue a certification unless the physician
32 has contacted the patient's existing primary physician to discuss
33 the patient's serious medical condition and which form of cannabis
34 the patient is likely to benefit from.
35 Sec. 4. A certification must include the following information:
36 (1) The patient's name, date of birth, and address.
37 (2) The specific serious medical condition of the patient.
38 (3) A statement by the physician that the patient has a serious
39 medical condition and the patient is under continuing care for
40 the serious medical condition that is provided by:
41 (A) the physician; or
42 (B) the patient's existing primary physician (as described
2023 IN 1039—LS 6490/DI 106 11
1 under section 1(b)(2) of this chapter).
2 (4) The date of issuance.
3 (5) The name, address, telephone number, and signature of
4 the physician.
5 (6) Any requirement or limitation concerning the appropriate
6 form of cannabis, the maximum quantity of cannabis that the
7 patient may use, and any limitation on the duration of use, if
8 applicable.
9 Sec. 5. A physician shall do the following:
10 (1) Provide the certification to the patient.
11 (2) Provide a copy of the certification to the ICC, which shall
12 place the information in the patient directory within the ICC's
13 electronic data base. The certification may be transmitted to
14 the ICC electronically.
15 (3) File a copy of the certification in the patient's health care
16 record.
17 Sec. 6. A physician may not issue a certification for the
18 physician's own use or for the use of a family or household member
19 of the physician.
20 Chapter 5. Certification Form
21 Sec. 1. The ICC shall develop a standard certification form,
22 which the ICC shall provide to a physician upon request. The form
23 must be available electronically. The form must include a
24 statement that a false statement made by a physician is punishable
25 under the penalties of perjury.
26 Chapter 6. Patients
27 Sec. 1. The ICC shall issue a patient or caregiver identification
28 card to a patient who has a valid certification and who otherwise
29 meets the requirements of this article.
30 Sec. 2. The ICC shall issue a patient or caregiver identification
31 card to a caregiver designated by the patient in accordance with
32 this article.
33 Sec. 3. Except as provided in section 4 of this chapter, a patient
34 or caregiver identification card issued to a patient authorizes the
35 patient to obtain and use cannabis as authorized by this article.
36 Except as provided in section 4 of this chapter, a patient or
37 caregiver identification card issued to a caregiver authorizes the
38 caregiver to obtain cannabis on behalf of the patient.
39 Sec. 4. (a) A patient holding a valid patient or caregiver
40 identification card may cultivate cannabis for the patient's own use
41 if the patient complies with the following requirements:
42 (1) The patient notifies the ICC on or before the date that the
2023 IN 1039—LS 6490/DI 106 12
1 patient begins cultivation and informs the ICC of the number
2 of plants the patient intends to cultivate and the location of
3 cultivation.
4 (2) The patient cultivates not more than six (6) plants.
5 (3) Not more than three (3) of the plants may be mature at
6 any one (1) time.
7 (4) Cannabis from the plant is used only for the patient's
8 personal use.
9 (5) Not later than thirty (30) days before the expected date
10 that the plants become mature, the patient notifies the ICC of
11 the anticipated maturity date.
12 (b) If the mature plants of a patient cultivating cannabis for the
13 patient's own use die, become damaged, or are otherwise unable to
14 produce cannabis for medical use, the patient shall notify the ICC,
15 which shall reinstate the person's authorization to obtain cannabis
16 from a qualified retailer not later than fifteen (15) days after
17 receipt of the notice.
18 Chapter 7. Patient or Caregiver Identification Cards
19 Sec. 1. The ICC shall do the following:
20 (1) Review applications for patient or caregiver identification
21 cards.
22 (2) Review certifications submitted by physicians.
23 (3) Issue patient or caregiver identification cards to patients
24 and caregivers.
25 (4) Note in the electronic data base if a patient or caregiver
26 identification card may not be used to obtain cannabis from
27 a qualified retailer because the patient is cultivating the
28 patient's own cannabis.
29 Sec. 2. A patient or caregiver may apply, in a form and manner
30 prescribed by the ICC, for issuance or renewal of a patient or
31 caregiver identification card. A caregiver must submit a separate
32 application for issuance or renewal. Each application must include:
33 (1) the name, address, and date of birth of the patient;
34 (2) the name, address, and date of birth of a caregiver, if
35 applicable;
36 (3) a copy of the certification issued by the physician;
37 (4) the name, address, and telephone number of the physician;
38 (5) the signature of the applicant and the date signed; and
39 (6) any other information required by the ICC.
40 Sec. 3. The fee to apply for or to renew a patient or caregiver
41 identification card is fifty dollars ($50). The ICC may waive or
42 reduce the fee if the applicant demonstrates financial hardship.
2023 IN 1039—LS 6490/DI 106 13
1 Sec. 4. The ICC shall make application and renewal forms
2 available on the ICC's website.
3 Sec. 5. (a) The patient or caregiver identification card of a
4 patient or caregiver expires one (1) year after the date of issuance,
5 unless a physician has specified that a patient should use cannabis
6 for less than one (1) year.
7 (b) If a physician has specified that a patient's use of cannabis
8 should be limited to certain forms of cannabis, the types of
9 cannabis must be listed on the patient or caregiver identification
10 card.
11 Sec. 6. (a) The ICC shall issue separate patient or caregiver
12 identification cards for a patient and a caregiver as soon as
13 reasonably practicable after receiving a properly completed
14 application.
15 (b) If the ICC determines that an application is incomplete or
16 factually inaccurate, the ICC shall promptly notify the applicant.
17 (c) If a patient application designates an individual as a
18 caregiver who is not authorized to be a caregiver, the ICC shall
19 deny that portion of the application, but may approve the balance
20 of the application.
21 Sec. 7. (a) A patient or caregiver who has been issued a patient
22 or caregiver identification card shall notify the ICC not later than
23 ten (10) days after any change of name or address.
24 (b) A patient shall notify the ICC within ten (10) days if a
25 physician has determined the patient no longer has the serious
26 medical condition noted on the certification.
27 Sec. 8. (a) If the patient or caregiver identification card of a
28 patient or caregiver is lost, stolen, destroyed, or made illegible, the
29 patient or caregiver shall apply to the ICC for a replacement card
30 not later than ten (10) days after discovery of the loss or
31 defacement. The application for a replacement card shall be on a
32 form furnished by the ICC and accompanied by a twenty-five
33 dollar ($25) fee. The ICC may establish higher fees for issuance of
34 second and subsequent replacement patient or caregiver
35 identification cards.
36 (b) The ICC may waive or reduce the fee in cases of
37 demonstrated financial hardship.
38 (c) The ICC shall issue a replacement patient or caregiver
39 identification card as soon as practicable.
40 (d) A patient or caregiver may not obtain cannabis from a
41 qualified retailer until the ICC issues the replacement card.
42 Sec. 9. The patient or caregiver identification card must contain
2023 IN 1039—LS 6490/DI 106 14
1 the following information:
2 (1) The name of the patient or caregiver, as applicable. The
3 patient or caregiver identification card must also state
4 whether the individual is designated as a patient or as a
5 caregiver.
6 (2) The date of issuance and expiration date.
7 (3) A unique identification number for the patient or
8 caregiver, as applicable.
9 (4) A photograph of the individual to whom the patient or
10 caregiver identification card is issued.
11 (5) Any requirement or limitation set by the physician as to
12 the form of cannabis.
13 (6) Any other requirements as determined by the ICC.
14 However, the ICC may not require that a patient or caregiver
15 identification card disclose the patient's serious medical
16 condition.
17 The ICC shall establish guidelines specifying an acceptable
18 photograph under subdivision (4) and shall provide a reasonable
19 accommodation for a patient who is confined to the patient's home
20 or is in inpatient care.
21 Sec. 10. The ICC shall monthly transmit fees received under this
22 chapter to the auditor of state for deposit in the state general fund.
23 Chapter 8. Caregivers
24 Sec. 1. (a) A caregiver must be at least eighteen (18) years of
25 age.
26 (b) A caregiver may be less than twenty-one (21) years of age
27 only if the ICC determines that it is in the best interests of the
28 patient that a specific person less than twenty-one (21) years of age
29 serves as a caregiver.
30 Sec. 2. (a) A patient may terminate a person's designation as
31 caregiver at any time.
32 (b) The patient shall notify the ICC that the patient has
33 terminated the person's caregiver designation as soon as
34 reasonably practicable after the termination.
35 (c) Upon learning that a patient has terminated a person's
36 caregiver designation, the ICC shall cancel the caregiver's patient
37 or caregiver identification card and notify the caregiver to return
38 the physical copy of the card.
39 Sec. 3. If a patient designates a caregiver, the caregiver may
40 submit an application for a patient or caregiver identification card
41 as a caregiver. The caregiver application must include:
42 (1) the name, address, and date of birth of the caregiver;
2023 IN 1039—LS 6490/DI 106 15
1 (2) if the caregiver has a patient or caregiver identification
2 card for the caregiver (as a patient) or another patient (as a
3 caregiver), the expiration date of each patient or caregiver
4 identification card; and
5 (3) any other information required by the ICC.
6 The application must be signed and dated by the caregiver
7 applicant and verified under penalties of perjury.
8 Sec. 4. (a) Except as provided in subsection (c), before the
9 caregiver application is approved, the caregiver must authorize the
10 ICC to perform a national criminal history background check of
11 the caregiver.
12 (b) The caregiver is responsible for the fee for the national
13 criminal history background check.
14 (c) The ICC may conduct only one (1) national criminal history
15 background check of the caregiver per year.
16 Sec. 5. The caregiver shall pay an application fee of fifty dollars
17 ($50). The ICC may waive or reduce the fee in cases of
18 demonstrated financial hardship.
19 Sec. 6. After receiving the caregiver application, the fee, and the
20 results of the national criminal history background check, the ICC
21 shall:
22 (1) verify the information contained in the application; and
23 (2) review INSPECT with respect to the applicant.
24 Sec. 7. The ICC shall monthly transmit fees received under this
25 chapter to the auditor of state for deposit in the state general fund.
26 Chapter 9. Minor Patients
27 Sec. 1. If a patient is less than eighteen (18) years of age, the
28 following apply:
29 (1) The patient must have a caregiver.
30 (2) The caregiver must be:
31 (A) the patient's parent or legal guardian;
32 (B) an individual designated by a parent or legal guardian;
33 or
34 (C) an appropriate individual approved by the ICC on a
35 sufficient showing that no parent or legal guardian is
36 appropriate or available.
37 Chapter 10. Suspension
38 Sec. 1. If a patient or caregiver knowingly, intentionally, or
39 recklessly:
40 (1) violates any provision of this article; or
41 (2) transfers or sells cannabis to a person not qualified as a
42 patient under this article;
2023 IN 1039—LS 6490/DI 106 16
1 the ICC may suspend or revoke the patient's or caregiver's patient
2 or caregiver identification card. The suspension or revocation is in
3 addition to any criminal or other penalty.
4 Chapter 11. General Prohibitions
5 Sec. 1. A person may not operate a motor vehicle, including a
6 motorboat, while under the influence of cannabis.
7 Sec. 2. A person may not perform any employment duties in
8 exposed high places or in confined spaces while under the influence
9 of cannabis.
10 Sec. 3. A person's employer may prohibit an employee from
11 performing any task while under the influence of cannabis. The
12 prohibition is not an adverse employment decision or unlawful
13 discrimination even if the prohibition results in financial harm for
14 the employee.
15 Chapter 12. Cannabis Organizations
16 Sec. 1. The following entities may receive a permit to operate as
17 a cannabis organization to grow, process, or sell cannabis:
18 (1) A grower.
19 (2) A processor.
20 (3) A qualified retailer.
21 Sec. 2. (a) The ICC shall develop an application for a:
22 (1) grower permit allowing the grower to grow cannabis;
23 (2) qualified retailer permit allowing a qualified retailer to sell
24 cannabis;
25 (3) processor permit allowing a processor to process cannabis;
26 and
27 (4) testing laboratory permit allowing a testing laboratory to
28 test cannabis.
29 (b) The following information must be included on the permit
30 application:
31 (1) The name, address, telephone number, and other contact
32 information for every person having an ownership interest in
33 the cannabis organization.
34 (2) Information relating to a similar permit, license, or other
35 authorization granted in another jurisdiction, including any
36 suspensions, revocations, or discipline in that jurisdiction.
37 (3) A release authorizing the ICC to conduct a background
38 check of the persons having an ownership interest in the
39 cannabis organization.
40 (4) A statement as to whether the applicant intends to operate
41 as a grower, a processor, or a qualified retailer, and a concise
42 description of the business activities in which the cannabis
2023 IN 1039—LS 6490/DI 106 17
1 organization intends to engage.
2 (5) The address or other location where the cannabis
3 organization intends to operate.
4 (6) A statement that no person having an ownership interest
5 in the cannabis organization has a felony conviction related to
6 the production, possession, or sale of marijuana that has not
7 been expunged and that was entered within the three (3) years
8 prior to submission of the permit application.
9 (7) Any other information required by the ICC.
10 (c) A permit application described in this section shall be
11 verified and completed subject to the penalties of perjury.
12 (d) An applicant shall submit the appropriate application and
13 permit fees at the time the applicant submits the application.
14 Chapter 13. Cannabis Organization Permits
15 Sec. 1. Subject to the limits and conditions described in section
16 10 of this chapter, the ICC may grant a cannabis organization
17 permit if the ICC makes the following findings:
18 (1) The applicant will maintain effective control of cannabis
19 in the custody of the applicant.
20 (2) The applicant will comply with all state statutes, all rules
21 adopted by the ICC, and any ordinances adopted by a
22 governmental unit.
23 (3) The applicant has the ability to properly carry out the
24 activity for which the permit is sought.
25 (4) The applicant has sufficient financial means to acquire all
26 property, equipment, and permits required to properly grow,
27 process, or sell cannabis.
28 (5) The applicant is able to implement and maintain
29 appropriate security, tracking, record keeping, and
30 surveillance systems relating to the acquisition, possession,
31 growth, manufacture, delivery, transportation, distribution,
32 or sale of cannabis.
33 (6) The applicant satisfies any other conditions required
34 under rules adopted by the ICC.
35 (7) Granting a permit to the applicant serves the public
36 interest.
37 Sec. 2. If the ICC finds that information included in the
38 application is insufficient for the ICC to grant a permit to the
39 cannabis organization, the ICC may request that the applicant
40 submit additional documentation relating to one (1) or more items
41 listed in section 1 of this chapter.
42 Sec. 3. (a) Except as provided under subsection (b), a permit
2023 IN 1039—LS 6490/DI 106 18
1 granted under this chapter is nontransferable.
2 (b) A permit holder may transfer a permit to a person
3 authorized to hold a permit in accordance with rules adopted by
4 the ICC if:
5 (1) the permit holder has held the permit for at least
6 twenty-four (24) months; or
7 (2) the transfer is necessary due to the death or disability of
8 the permit holder or a similar severe hardship. For purposes
9 of this subdivision, financial hardship is not a severe hardship.
10 Sec. 4. A permit granted under this application is valid for one
11 (1) year after the date of issuance.
12 Sec. 5. (a) A permit may be renewed for one (1) or more
13 additional one (1) year periods.
14 (b) The ICC shall establish deadlines for filing a renewal
15 application that provide the ICC with sufficient time to review the
16 application without causing an interruption in the cannabis
17 organization's activities.
18 (c) The same standards that apply for granting an initial
19 application apply to an application for renewal. In determining
20 whether the renewal of a permit serves the public interest, the ICC
21 shall consider the manner in which the renewal applicant has
22 operated the cannabis organization and complied with all relevant
23 laws.
24 Sec. 6. A permit issued by the ICC to a cannabis organization
25 must include the following information:
26 (1) The name and address of the cannabis organization.
27 (2) The type of permit.
28 (3) The activities that are permitted under the permit.
29 (4) A description of the property and facilities authorized to
30 be used by the cannabis organization.
31 (5) Any other information required by the ICC.
32 Sec. 7. The ICC may suspend or revoke all or part of a permit
33 granted under this chapter if, following a hearing, the ICC finds
34 any of the following:
35 (1) That one (1) or more of the determinations made under
36 section 1 of this chapter are no longer valid.
37 (2) That the cannabis organization knowingly or intentionally
38 sold or distributed cannabis to a person not permitted to
39 receive cannabis under this article.
40 (3) That the cannabis organization has failed to maintain
41 effective control against diversion of cannabis.
42 (4) That the cannabis organization has violated a provision of
2023 IN 1039—LS 6490/DI 106 19
1 this article or a rule adopted by the ICC.
2 (5) That the cannabis organization has failed to comply with
3 another law regulating controlled substances.
4 Sec. 8. (a) An applicant for a cannabis organization permit has
5 a continuing duty to notify the ICC of any material change in facts
6 or circumstances relating to the applicant's application, including
7 a change in ownership.
8 (b) An applicant's duty to notify the ICC begins on the date the
9 applicant submits the application and continues for as long as the
10 applicant holds a permit.
11 Sec. 9. The ICC may, upon request of a permit holder, amend an
12 existing permit to authorize a permit holder to:
13 (1) move the permit holder's operations from one (1) location
14 to another; or
15 (2) perform additional activities, or cease the performance of
16 certain activities now performed, at the permit holder's
17 facility;
18 if the ICC finds that the amendment is reasonable under the
19 circumstances.
20 Sec. 10. (a) The ICC shall initially issue:
21 (1) ten (10) processor permits; and
22 (2) one hundred (100) grower permits.
23 (b) The ICC shall ensure that, to the extent practicable:
24 (1) at least one (1) processor permit is issued for a facility
25 located in each geographical region described in
26 IC 10-11-2-5(d);
27 (2) at least three (3) grower permits are issued for cultivation
28 in each geographical region described in IC 10-11-2-5(d); and
29 (3) the persons receiving a permit reflect the diversity and
30 makeup of Indiana.
31 (c) The ICC may issue additional licenses in order to meet the
32 demand for cannabis in Indiana and to ensure a competitive
33 market. The ICC shall annually complete a market analysis to
34 determine whether additional licenses are needed to continue the
35 capture of market share from illicit sources. The ICC shall hold
36 public hearings as part of the market analysis to hear from
37 consumers, market stakeholders, and potential new applicants.
38 Chapter 14. General Duties of a Permit Holder
39 Sec. 1. The holder of a cannabis organization permit must do the
40 following:
41 (1) Report the loss, theft, or unexplained disappearance of
42 cannabis to a law enforcement agency not later than
2023 IN 1039—LS 6490/DI 106 20
1 twenty-four (24) hours after the loss, theft, or disappearance
2 is discovered.
3 (2) Permit announced or unannounced inspections by the ICC
4 of all cannabis organization facilities and records.
5 Chapter 15. Application and Permit Fees
6 Sec. 1. The following fees apply to a grower:
7 (1) A nonrefundable grower permit application fee of five
8 hundred dollars ($500).
9 (2) A refundable grower permit fee of two thousand five
10 hundred dollars ($2,500).
11 (3) A refundable grower permit renewal fee of one thousand
12 dollars ($1,000).
13 (4) A nonrefundable permit amendment fee of two hundred
14 fifty dollars ($250).
15 Sec. 2. The following fees apply to a processor:
16 (1) A nonrefundable processor permit application fee of two
17 thousand five hundred dollars ($2,500).
18 (2) A refundable processor permit fee of ten thousand dollars
19 ($10,000).
20 (3) A refundable processor permit renewal fee of five
21 thousand dollars ($5,000).
22 (4) A nonrefundable permit amendment fee of two hundred
23 fifty dollars ($250).
24 Sec. 3. The following fees apply to a qualified retailer:
25 (1) A nonrefundable qualified retailer permit application fee
26 of two hundred dollars ($200).
27 (2) A refundable qualified retailer permit fee of one thousand
28 dollars ($1,000) for each qualified retailer location.
29 (3) A refundable qualified retailer permit renewal fee of seven
30 hundred fifty dollars ($750) for each qualified retailer
31 location.
32 (4) A nonrefundable permit amendment fee of two hundred
33 fifty dollars ($250).
34 Sec. 4. The following fees apply to a testing laboratory:
35 (1) A nonrefundable testing laboratory permit application fee
36 of one thousand dollars ($1,000).
37 (2) A refundable testing laboratory permit fee of two
38 thousand five hundred dollars ($2,500) for each testing
39 laboratory location.
40 (3) A refundable testing laboratory permit renewal fee of two
41 thousand dollars ($2,000) for each testing laboratory location.
42 (4) A nonrefundable permit amendment fee of two hundred
2023 IN 1039—LS 6490/DI 106 21
1 fifty dollars ($250).
2 Sec. 5. An applicant must submit the application fee and permit
3 fee at the time the applicant submits the application.
4 Sec. 6. (a) The ICC shall retain the application fee even if the
5 application is not approved.
6 (b) The ICC shall refund the permit fee and renewal fee if the
7 permit or renewal is not approved. However, the permit fee and
8 renewal fee are not refundable if the permit is initially granted but
9 later suspended or revoked.
10 (c) The ICC shall retain the amendment fee even if the
11 application for amendment is not approved.
12 Sec. 7. The ICC shall transfer all fees to the auditor of state for
13 deposit in the state general fund.
14 Chapter 16. Tracking and Record Keeping
15 Sec. 1. (a) A cannabis organization must implement an
16 electronic inventory tracking system, which must be directly
17 accessible to the ICC through an electronic data base that is
18 updated at least one (1) time each day.
19 (b) The electronic inventory tracking system must include the
20 following:
21 (1) For a grower, a seed to sale tracking system that tracks the
22 cannabis from seed to plant until the cannabis is sold or
23 transferred to its final destination.
24 (2) For a processor, a system that tracks cannabis from its
25 purchase from a grower to its transfer to a qualified retailer,
26 testing laboratory, or research facility as authorized by this
27 article.
28 (3) For a qualified retailer, a system that tracks cannabis from
29 its purchase from a grower or processor to its sale to an adult
30 cannabis user, patient, or caregiver, or its transfer to a testing
31 laboratory, research facility, grower, or processor as
32 authorized by this article.
33 (4) For a qualified retailer, a system to verify that a patient or
34 caregiver identification card presented by a patient or
35 caregiver purchasing cannabis:
36 (A) is valid; and
37 (B) authorizes the patient or caregiver to receive cannabis
38 from a qualified retailer.
39 (5) For a qualified retailer, a system to record and transmit
40 the identification of an adult cannabis user and the quantity
41 and type of cannabis purchased to ensure that the adult
42 cannabis user complies with possession limits.
2023 IN 1039—LS 6490/DI 106 22
1 (6) For a cannabis organization, a:
2 (A) daily log of each day's beginning inventory,
3 acquisitions, amounts purchased and sold, disbursements,
4 disposals, and ending inventory, including prices paid and
5 amounts collected from adult cannabis users, patients, and
6 caregivers;
7 (B) system to recall defective cannabis; and
8 (C) system to track the waste resulting from the growth of
9 cannabis, including the name and address of a disposal
10 service.
11 Sec. 2. A cannabis organization must implement a plan for:
12 (1) security and surveillance; and
13 (2) record keeping and record retention.
14 Sec. 3. The ICC:
15 (1) shall require a cannabis organization to make an annual
16 report to the ICC; and
17 (2) may require a cannabis organization to make a quarterly
18 report to the ICC.
19 The ICC shall determine the form and contents of the report and
20 may make all or part of the report available to the public.
21 Chapter 17. Grower Operations
22 Sec. 1. A person holding a grower permit may do all the
23 following in accordance with rules adopted by the ICC:
24 (1) Obtain seed and plant material from another grower.
25 (2) Sell and transport seed and plant material to another
26 grower or processor.
27 (3) Sell and transport cannabis to a processor, qualified
28 retailer, testing laboratory, or research facility authorized by
29 the ICC.
30 The ICC may authorize a person holding a grower permit to sell
31 and transport seed, plant material, and cannabis to a grower,
32 processor, qualified retailer, testing laboratory, or research facility
33 in another state.
34 Sec. 2. The ICC shall determine the manner in which cannabis
35 may be grown, harvested, and stored at the cultivation or
36 harvesting facility.
37 Sec. 3. The ICC shall determine the manner in which
38 transportation of cannabis shall be conducted between or among
39 growers, processors, qualified retailers, testing laboratories, or
40 research facilities. Rules adopted by the ICC must include the
41 following:
42 (1) Requirements relating to shipping containers and
2023 IN 1039—LS 6490/DI 106 23
1 packaging.
2 (2) The manner in which trucks, vans, trailers, or other
3 carriers will be secured.
4 (3) Obtaining copies of driver's licenses and registrations and
5 other information related to security and tracking.
6 (4) The use of a GPS tracking system.
7 (5) Record keeping requirements for delivery and receipt of
8 cannabis products.
9 Sec. 4. A grower shall contract with an independent testing
10 laboratory to test the cannabis produced by the grower. The ICC
11 shall approve the testing laboratory and require that the testing
12 laboratory report testing results in the manner determined by the
13 ICC. If a grower learns that the grower's sample has failed
14 required testing, the grower must take steps to remediate the
15 harvest to allowable levels under IC 7.1-8-20-3, or immediately
16 dispose of the harvest.
17 Chapter 18. Processor Operations
18 Sec. 1. A person holding a processor permit may do all the
19 following in accordance with rules adopted by the ICC:
20 (1) Obtain cannabis from a grower.
21 (2) Sell and transport processed cannabis to another grower
22 or processor.
23 (3) Sell and transport cannabis to a processor, qualified
24 retailer, testing laboratory, or research facility authorized by
25 the ICC.
26 The ICC shall authorize a person holding a processor permit to sell
27 and transport processed cannabis to a grower, processor, qualified
28 retailer, testing laboratory, or research facility in another state if
29 the person meets the requirements established by the ICC.
30 Sec. 2. The ICC shall determine the manner in which cannabis
31 may be processed or stored at the processor facility.
32 Sec. 3. The ICC shall determine the manner in which
33 transportation of cannabis shall be conducted between or among
34 cannabis organizations and research facilities. Rules adopted by
35 the ICC must include the following:
36 (1) Requirements relating to shipping containers and
37 packaging.
38 (2) The manner in which trucks, vans, trailers, or other
39 carriers will be secured.
40 (3) Obtaining copies of driver's licenses and registrations and
41 other information related to security and tracking.
42 (4) The use of a GPS tracking system.
2023 IN 1039—LS 6490/DI 106 24
1 (5) Record keeping requirements for delivery and receipt of
2 cannabis products.
3 Sec. 4. A processor shall develop a plan to ensure that cannabis
4 products are properly labeled, are not packaged in a manner that
5 is appealing to children, and are placed in child resistant
6 packaging.
7 Sec. 5. A processor shall include on its labeling of cannabis
8 products the following:
9 (1) The number of doses contained within the package, the
10 species, and the percentage of tetrahydrocannabinol and
11 cannabinol.
12 (2) A warning that the cannabis must be kept in the original
13 container in which it was sold.
14 (3) A warning that unauthorized use is unlawful and will
15 subject the person to criminal penalties.
16 (4) A list of ingredients.
17 (5) The manufacture or harvest date.
18 (6) Any other information required by the ICC.
19 Sec. 6. A processor shall contract with an independent testing
20 laboratory to test the cannabis product produced by the processor.
21 The testing laboratory must be approved by the ICC, and the ICC
22 shall require that the testing laboratory report testing results in the
23 manner determined by the ICC. If a processor learns that a sample
24 submitted by the processor has failed required testing, the
25 processor must take steps to remediate the product to allowable
26 levels under IC 7.1-8-20-3, or immediately dispose of the batch.
27 Chapter 19. Qualified Retailer Operations
28 Sec. 1. (a) A qualified retailer holding a valid permit under this
29 article may sell cannabis to a patient or caregiver upon
30 presentation of a valid patient or caregiver identification card for
31 that patient or caregiver and electronic verification that the patient
32 or caregiver identification card is valid and authorizes the patient
33 or caregiver to receive cannabis from a qualified retailer.
34 (b) A qualified retailer holding a valid permit under this article
35 may sell cannabis to an adult cannabis user upon presentation of
36 a valid government issued photo identification card containing the
37 person's date of birth, and electronic verification that:
38 (1) the sale will not permit the adult cannabis user to exceed
39 the limit described in section 3 of this chapter; and
40 (2) that the adult cannabis user does not possess a valid,
41 unexpired certification.
42 Sec. 2. The qualified retailer shall provide to the purchaser a
2023 IN 1039—LS 6490/DI 106 25
1 receipt including all of the following:
2 (1) The name and address of the qualified retailer.
3 (2) The name and address of the purchaser.
4 (3) The date the cannabis was sold.
5 (4) For medical cannabis, any requirement or limitation by
6 the physician as to the form of cannabis for the patient.
7 (5) The form and the quantity of cannabis sold.
8 Sec. 3. A qualified retailer may not sell to a patient (or caregiver
9 on behalf of a specific patient):
10 (1) in any thirty (30) day period:
11 (A) more cannabis than the maximum amount authorized
12 by the certification; or
13 (B) ten (10) ounces of cannabis;
14 whichever is less;
15 (2) subject to subdivision (1), more than two and one-half (2.5)
16 ounces of cannabis per day, of which not more than fifteen
17 (15) grams may be cannabis concentrate;
18 (3) a form of cannabis that is not authorized on the
19 certification; or
20 (4) cannabis, if the patient is cultivating mature cannabis
21 plants for the patient's own use.
22 Sec. 4. The cannabis packaging must include the following
23 information:
24 (1) The number of doses contained within the package, the
25 species, and the percentage of tetrahydrocannabinol and
26 cannabinol.
27 (2) A warning that the cannabis must be kept in the original
28 container in which it was sold.
29 (3) A warning that unauthorized use is unlawful and will
30 subject the person to criminal penalties.
31 (4) Any other information required by the ICC.
32 Sec. 5. A qualified retailer:
33 (1) may sell cannabis only in an indoor, enclosed, secure
34 facility located in Indiana;
35 (2) may sell medical devices and instruments that are needed
36 to administer cannabis; and
37 (3) may sell services approved by the ICC related to the use of
38 cannabis.
39 Sec. 6. A qualified retailer shall post a copy of its permit in a
40 location within its facility in a manner that is easily observable by
41 the public.
42 Sec. 7. A qualified retailer shall establish a plan to:
2023 IN 1039—LS 6490/DI 106 26
1 (1) prevent diversion of cannabis and cannabis products; and
2 (2) ensure a patient is not sold more cannabis than is
3 permitted under this article.
4 Chapter 20. Testing Laboratory Operations
5 Sec. 1. A testing laboratory may test cannabis from a cannabis
6 organization in accordance with rules adopted by the ICC if:
7 (1) it holds a valid permit issued under this article; or
8 (2) it is already accredited as a testing laboratory to
9 International Organization for Standardization (ISO) 17025
10 by a third party accrediting body such as the American
11 Association for Laboratory Accreditation (A2LA) or Assured
12 Calibration and Laboratory Accreditation Select Services
13 (ACLASS).
14 Sec. 2. A testing laboratory shall maintain policies and
15 procedures for the secure and proper analytical testing of
16 cannabis, which must include:
17 (1) laboratory analysis techniques, including specific
18 instrumentation and protocols necessary to perform the tests
19 required by the ICC;
20 (2) the implementation of standards and methods for
21 conducting analysis of forms of cannabis in accordance with
22 the requirements of ISO/IEC 17025 "General Requirements
23 for the Competence of Testing and Calibration
24 Laboratories"; and
25 (3) methods of testing to detect:
26 (A) potency levels of tetrahydrocannabinol and
27 cannabinol;
28 (B) microbials;
29 (C) mycotoxins;
30 (D) pesticides;
31 (E) residual solvents; and
32 (F) any other matter as required by the ICC.
33 Sec. 3. The ICC shall establish the allowable level of microbials,
34 mycotoxins, pesticides, residual solvents, and other matter
35 determined by the ICC. If a sample received from a grower or
36 processor exceeds allowable levels, the testing laboratory must
37 immediately notify the grower or processor from whom the testing
38 laboratory received the sample.
39 Sec. 4. A person holding an ownership interest in a qualified
40 retailer, grower, or processor permit may not have an ownership
41 interest in a testing laboratory permit.
42 Chapter 21. Transportation
2023 IN 1039—LS 6490/DI 106 27
1 Sec. 1. A transporter may transport cannabis or paraphernalia
2 from a:
3 (1) grower or processor to a qualified retailer;
4 (2) grower or processor to a testing laboratory or research
5 facility authorized by the ICC;
6 (3) qualified retailer to a grower or processor;
7 (4) qualified retailer to a testing laboratory or research
8 facility authorized by the ICC;
9 (5) cannabis organization to another cannabis organization;
10 or
11 (6) cannabis organization to another person if authorized to
12 do so by the ICC;
13 if the transporter complies with this chapter.
14 Sec. 2. No employee of a transporter under this chapter who is
15 directly involved in the transport of cannabis or paraphernalia
16 may have a felony conviction related to the production, possession,
17 or sale of marijuana that was entered within the previous three (3)
18 years and that has not been expunged.
19 Sec. 3. Cannabis or paraphernalia transported under this
20 chapter must be:
21 (1) packed in a tamper resistant and tamper evident package;
22 (2) clearly marked as to quantity and contents; and
23 (3) securely stored in the vehicle used for transport.
24 Sec. 4. The transporter shall proceed as directly and
25 expeditiously as practicable from the shipping location to the
26 receiving location.
27 Sec. 5. The person who ships the cannabis or paraphernalia
28 shall provide the transporter with a shipping manifest clearly
29 stating the:
30 (1) exact quantity of cannabis or paraphernalia that is being
31 transported;
32 (2) address of the shipping location;
33 (3) address of the receiving location;
34 (4) identification of the person transporting the material; and
35 (5) time the person transporting the material left the shipping
36 location.
37 Sec. 6. The transporter shall keep the shipping manifest in the
38 transporter's possession at all times.
39 Sec. 7. The ICC may adopt rules to regulate the transport of
40 cannabis or paraphernalia. The ICC may authorize a transporter
41 to transport cannabis or paraphernalia out of state.
42 Chapter 22. Reports
2023 IN 1039—LS 6490/DI 106 28
1 Sec. 1. The ICC shall, not later than December 31 of each year,
2 submit a report concerning the cannabis program to the legislative
3 council, the governor, and the chief justice of the supreme court.
4 The report to the legislative council must be in an electronic format
5 under IC 5-14-6.
6 Chapter 23. Civil Penalties
7 Sec. 1. The ICC may assess a penalty of not more than twenty
8 thousand dollars ($20,000) for each violation of this article or a
9 rule adopted under this article. In addition, the ICC may impose
10 an additional penalty of not more than two thousand five hundred
11 dollars ($2,500) for each day of a continuing violation.
12 Sec. 2. (a) In determining the amount of a civil penalty imposed
13 under this chapter, the ICC shall consider the following:
14 (1) The seriousness of the violation.
15 (2) The potential harm resulting from the violation to adult
16 cannabis users, patients, caregivers, or the general public.
17 (3) The willfulness of the violation.
18 (4) Any previous violations.
19 (5) The economic benefit that accrued to the person who
20 committed the violation.
21 (b) If the ICC finds that the:
22 (1) violation did not threaten the safety or health of an adult
23 cannabis user, a patient, a caregiver, or the general public;
24 and
25 (2) violator took immediate action to remedy the violation
26 upon learning of it;
27 the ICC may issue a written warning instead of assessing a civil
28 penalty.
29 Sec. 3. In addition to the civil penalty described in this chapter
30 and any other penalty authorized by law, the ICC may revoke or
31 suspend a person's permit or patient or caregiver identification
32 card.
33 Chapter 24. Research
34 Sec. 1. (a) The ICC may provide assistance to universities,
35 research facilities, pharmaceutical companies, state agencies, and
36 similar entities that wish to conduct research concerning cannabis.
37 (b) The ICC may conduct research concerning cannabis.
38 Sec. 2. The ICC may authorize persons conducting research on
39 cannabis to obtain, possess, transport, and use cannabis for
40 research purposes, under terms and conditions established by the
41 ICC. The ICC shall issue appropriate documentation to allow
42 persons to obtain cannabis for research purposes.
2023 IN 1039—LS 6490/DI 106 29
1 Chapter 25. Employment
2 Sec. 1. The following definitions apply throughout this chapter:
3 (1) "On call" means that an employee is scheduled with at
4 least twenty-four (24) hours notice by the employee's
5 employer to be on standby or otherwise responsible for
6 performing tasks related to the employee's employment either
7 at the employer's premises or other previously designated
8 location by the employee's employer or supervisor to perform
9 a work related task.
10 (2) "Workplace" means the employer's premises, including
11 any building, real property, and parking area under the
12 control of the employer or area used by an employee while in
13 performance of the employee's job duties, and vehicles,
14 whether leased, rented, or owned. The term includes another
15 location as defined by the employer's written employment
16 policy, to the extent that the policy is generally consistent with
17 this subdivision.
18 Sec. 2. This article does not:
19 (1) prohibit an employer from adopting reasonable zero
20 tolerance or drug free workplace policies, or employment
21 policies concerning drug testing, smoking, consumption,
22 storage, or use of cannabis in the workplace or while on call
23 provided that the policy is applied in a nondiscriminatory
24 manner;
25 (2) require an employer to permit an employee to be under
26 the influence of or use cannabis in the employer's workplace
27 or while performing the employee's job duties or while on
28 call; or
29 (3) limit or prevent an employer from disciplining an
30 employee or terminating employment of an employee for
31 violating an employer's employment policies or workplace
32 drug policy.
33 Sec. 3. For purposes of section 2 of this chapter, an employer
34 may consider an employee to be impaired or under the influence of
35 cannabis if the employer has a good faith belief that an employee
36 manifests specific, articulable symptoms while working that
37 decrease or lessen the employee's performance of the duties or
38 tasks of the employee's job position, including symptoms of the
39 employee's speech, physical dexterity, agility, coordination,
40 demeanor, irrational or unusual behavior, or negligence or
41 carelessness in operating equipment or machinery; disregard for
42 the safety of the employee or others, or involvement in any accident
2023 IN 1039—LS 6490/DI 106 30
1 that results in serious damage to equipment or property;
2 disruption of a production or manufacturing process; or
3 carelessness that results in any injury to the employee or others. If
4 an employer elects to discipline an employee on the basis that the
5 employee is under the influence of or impaired by cannabis, the
6 employer must afford the employee a reasonable opportunity to
7 contest the basis of the determination.
8 Sec. 4. This article does not create or imply a cause of action for
9 any person against an employer for:
10 (1) actions, including subjecting an employee or applicant to
11 reasonable drug and alcohol testing under the employer's
12 workplace drug policy, including an employee's refusal to be
13 tested or to cooperate in testing procedures or disciplining or
14 termination of employment, based on the employer's good
15 faith belief that an employee used or possessed cannabis in the
16 employer's workplace or while performing the employee's job
17 duties or while on call in violation of the employer's
18 employment policies;
19 (2) actions, including discipline or termination of employment,
20 based on the employer's good faith belief that an employee
21 was impaired as a result of the use of cannabis, or under the
22 influence of cannabis, while at the employer's workplace or
23 while performing the employee's job duties or while on call in
24 violation of the employer's workplace drug policy; or
25 (3) injury, loss, or liability to a third party if the employer
26 neither knew nor had reason to know that the employee was
27 impaired.
28 Sec. 5. This article does not enhance or diminish protections
29 afforded by any other law.
30 Sec. 6. This article does not interfere with any federal, state, or
31 local restrictions on employment including the United States
32 Department of Transportation regulation 49 CFR 40.151(e) or
33 impact an employer's ability to comply with federal or state law or
34 cause it to lose a federal or state contract or funding.
35 SECTION 6. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
36 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
37 2023]:
38 ARTICLE 9. INDIANA CANNABIS COMMISSION
39 Chapter 1. Definitions
40 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
41 article.
42 Chapter 2. General Provisions
2023 IN 1039—LS 6490/DI 106 31
1 Sec. 1. The Indiana cannabis commission (ICC) is established as
2 an agency of the state for purposes of administering the cannabis
3 program.
4 Sec. 2. (a) The ICC consists of:
5 (1) the ICC committee;
6 (2) the executive director; and
7 (3) other employees necessary to carry out the duties of the
8 ICC.
9 (b) The ICC committee consists of three (3) commissioners, who
10 shall direct and oversee the operation of the ICC.
11 Sec. 3. (a) ICC commissioners shall be appointed by the
12 governor.
13 (b) A commissioner is eligible for reappointment.
14 (c) Not more than two (2) commissioners may belong to the
15 same political party.
16 (d) A commissioner shall be appointed to a four (4) year term.
17 (e) A commissioner serves the commissioner's term at the
18 pleasure of the governor.
19 Sec. 4. To be eligible for appointment as a commissioner, an
20 individual must have the following qualifications:
21 (1) The individual may not be employed by the state in any
22 other capacity.
23 (2) The individual must have good moral character.
24 (3) The individual must have been a resident of Indiana for at
25 least ten (10) years immediately preceding the appointment.
26 Sec. 5. The governor shall appoint one (1) commissioner to serve
27 as chairperson of the ICC committee and one (1) commissioner to
28 serve as vice chairperson. The vice chairperson shall act as the
29 chairperson if the chairperson is unable to attend a meeting of the
30 ICC committee.
31 Sec. 6. A commissioner appointed to fill a vacancy in the
32 membership of the ICC committee shall serve only for the
33 unexpired part of the original, vacated term. In all other respects,
34 an appointment to fill a vacancy shall be made in the same manner
35 that an original appointment is made.
36 Sec. 7. As compensation for services, each commissioner is
37 entitled to the minimum salary per diem provided by
38 IC 4-10-11-2.1(b). A commissioner is also entitled to
39 reimbursement for traveling expenses as provided under
40 IC 4-13-1-4 and other expenses actually incurred in connection
41 with the commissioner's duties as provided in the state policies and
42 procedures established by the department of administration and
2023 IN 1039—LS 6490/DI 106 32
1 approved by the budget agency.
2 Sec. 8. Each commissioner shall execute:
3 (1) a surety bond in the amount of ten thousand dollars
4 ($10,000), with surety approved by the governor; and
5 (2) an oath of office.
6 The surety bond and the oath of office shall be filed in the office of
7 the secretary of state.
8 Sec. 9. The required surety bond executed and filed on behalf of
9 a commissioner shall be made payable to the state of Indiana and
10 conditioned upon the faithful discharge of the commissioner's
11 duties.
12 Sec. 10. The ICC committee shall hold meetings at the call of the
13 chairperson. The ICC committee may establish rules governing
14 meetings.
15 Sec. 11. (a) Two (2) ICC commissioners constitute a quorum for
16 the transaction of business.
17 (b) Each commissioner has one (1) vote.
18 (c) Action of the ICC committee may be taken only upon the
19 affirmative votes of at least two (2) commissioners.
20 Sec. 12. An ICC commissioner may not solicit or accept a
21 political contribution from a qualified patient, a qualified primary
22 caregiver, or any individual or entity that has a permit or has
23 applied for a permit issued by the ICC. However, the right of a
24 commissioner to vote as the commissioner chooses and to express
25 the commissioner's opinions on political subjects and candidates
26 may not be impaired.
27 Chapter 3. Employees and Administration
28 Sec. 1. (a) The ICC committee shall appoint an executive
29 director to assist the ICC in the efficient administration of its
30 powers and duties.
31 (b) The ICC committee shall fix the salary of the executive
32 director, subject to the approval of the budget agency.
33 Sec. 2. The ICC has the power to employ all necessary
34 employees, determine their duties, and, subject to the approval of
35 the ICC committee and the budget agency, fix their salaries.
36 Chapter 4. Powers and Duties
37 Sec. 1. The chairperson is the presiding officer at the meetings
38 of the ICC committee. The chairperson, together with the executive
39 director, shall prepare, certify, and authenticate all proceedings,
40 minutes, records, rules, and regulations of the ICC committee. The
41 chairperson shall also perform all other duties as imposed on the
42 chairperson by this title.
2023 IN 1039—LS 6490/DI 106 33
1 Sec. 2. The ICC has the power to organize its work, to enforce
2 and administer this article and IC 7.1-8, and to enforce and
3 administer the rules adopted by the ICC.
4 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to prescribe
5 the forms for all applications, documents, permits, cannabis patient
6 or caregiver identification cards, and licenses used in the
7 administration of this article and IC 7.1-8.
8 Sec. 4. The ICC has the following powers:
9 (1) To hold hearings before the ICC or its representative.
10 (2) To take testimony and receive evidence.
11 (3) To conduct inquiries with or without a hearing.
12 (4) To receive reports of investigators or other governmental
13 officers and employees.
14 (5) To administer oaths.
15 (6) To subpoena witnesses and to compel them to appear and
16 testify.
17 (7) To certify copies of records of the ICC or any other
18 document or record on file with the ICC.
19 (8) To fix the form, mode, manner, time, and number of times
20 for the posting or publication of any required notices if not
21 otherwise provided.
22 (9) Before the legalization date (as defined in
23 IC 35-31.5-2-186.4), meet, adopt rules, consider testimony,
24 make recommendations, and take any other action to prepare
25 for the legalization of medical and adult use cannabis.
26 (10) To adopt rules under IC 4-22-2 to carry out this article
27 and IC 7.1-8.
28 Sec. 5. (a) The ICC has the following duties:
29 (1) To establish the cannabis program described in IC 7.1-8
30 and to adopt all necessary rules to implement the program.
31 (2) To implement protocols for the application and issuance
32 of a cannabis patient or caregiver identification card,
33 including protocols to:
34 (A) prevent fraud;
35 (B) ensure the accuracy of information contained in the
36 application; and
37 (C) protect the privacy of an applicant.
38 (3) To advise the general assembly concerning the
39 establishment of a program for the:
40 (A) manufacture;
41 (B) cultivation;
42 (C) advertising;
2023 IN 1039—LS 6490/DI 106 34
1 (D) transportation; and
2 (E) sale;
3 of cannabis.
4 (4) To encourage research concerning cannabis.
5 (b) Before the legalization date (as defined in
6 IC 35-31.5-2-186.4), the ICC may perform any of the duties
7 described subsection (a) to prepare for and in anticipation of the
8 legalization of medical and adult use cannabis.
9 Chapter 5. Research and Development
10 Sec. 1. To permit and encourage research concerning cannabis:
11 (1) an accredited institution of higher education with a
12 physical presence in Indiana; and
13 (2) a pharmaceutical or agricultural business having a
14 research facility in Indiana;
15 may apply to the ICC for a license to conduct research concerning
16 cannabis.
17 Sec. 2. An application under this chapter must include the
18 following:
19 (1) The nature of the research project.
20 (2) The names of the individuals who will conduct the
21 research project.
22 (3) The approximate quantity of cannabis that will be used in
23 the research project.
24 (4) The security protocol to be implemented to ensure that
25 cannabis is not diverted for uses other than the research
26 project.
27 (5) Any other information required by the ICC.
28 Sec. 3. Upon receipt of a completed application, the ICC may
29 issue a research license to the accredited institution of higher
30 education or pharmaceutical or agricultural business. The research
31 license must specifically list the names of each individual
32 participating in the research project who will have custody or
33 control of cannabis for research purposes and the approximate
34 quantity of the cannabis that will be used in the research project.
35 Sec. 4. The ICC may charge a reasonable fee for issuance of a
36 research license.
37 SECTION 7. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2023]: Sec. 1. (a) A person who operates a vehicle with an
40 alcohol concentration equivalent to at least eight-hundredths (0.08)
41 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
42 per:
2023 IN 1039—LS 6490/DI 106 35
1 (1) one hundred (100) milliliters of the person's blood; or
2 (2) two hundred ten (210) liters of the person's breath;
3 commits a Class C misdemeanor.
4 (b) A person who operates a vehicle with an alcohol concentration
5 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
6 (1) one hundred (100) milliliters of the person's blood; or
7 (2) two hundred ten (210) liters of the person's breath;
8 commits a Class A misdemeanor.
9 (c) A person who operates a vehicle with a controlled substance
10 listed in schedule I or II of IC 35-48-2 or its metabolite, after the
11 legalization date (as defined in IC 35-31.5-2-186.4) not including
12 THC, in the person's blood commits a Class C misdemeanor.
13 (d) It is a defense to subsection (c) that:
14 (1) the accused person consumed the controlled substance in
15 accordance with a valid prescription or order of a practitioner (as
16 defined in IC 35-48-1) who acted in the course of the
17 practitioner's professional practice; or
18 (2) the:
19 (A) controlled substance is marijuana or a metabolite of
20 marijuana;
21 (B) person was not intoxicated;
22 (C) person did not cause a traffic accident; and
23 (D) substance was identified by means of a chemical test taken
24 pursuant to IC 9-30-7.
25 (e) This subsection applies after the legalization date (as defined
26 in IC 35-31.5-2-186.4). A person who:
27 (1) operates a vehicle with at least five (5) nanograms per
28 milliliter of THC in the person's whole blood; and
29 (2) is impaired;
30 commits a Class C misdemeanor.
31 SECTION 8. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2023]: Sec. 4. (a) A person who causes serious bodily injury
34 to another person when operating a vehicle:
35 (1) with an alcohol concentration equivalent to at least
36 eight-hundredths (0.08) gram of alcohol per:
37 (A) one hundred (100) milliliters of the person's blood; or
38 (B) two hundred ten (210) liters of the person's breath;
39 (2) with a controlled substance listed in schedule I or II of
40 IC 35-48-2 or its metabolite, after the legalization date (as
41 defined in IC 35-31.5-2-186.4) not including THC, in the
42 person's blood;
2023 IN 1039—LS 6490/DI 106 36
1 (3) after the legalization date (as defined in
2 IC 35-31.5-2-186.4), with at least five (5) nanograms per
3 milliliter of THC in the person's whole blood; or
4 (3) (4) while intoxicated;
5 commits a Level 5 felony. However, the offense is a Level 4 felony if
6 the person has a previous conviction of operating while intoxicated
7 within the five (5) years preceding the commission of the offense.
8 (b) A person who violates subsection (a) commits a separate offense
9 for each person whose serious bodily injury is caused by the violation
10 of subsection (a).
11 (c) It is a defense under subsection (a)(2) that the accused person
12 consumed the controlled substance in accordance with a valid
13 prescription or order of a practitioner (as defined in IC 35-48-1) who
14 acted in the course of the practitioner's professional practice.
15 SECTION 9. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
16 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2023]: Sec. 5. (a) A person who causes the death or
18 catastrophic injury of another person when operating a vehicle:
19 (1) with an alcohol concentration equivalent to at least
20 eight-hundredths (0.08) gram of alcohol per:
21 (A) one hundred (100) milliliters of the person's blood; or
22 (B) two hundred ten (210) liters of the person's breath;
23 (2) with a controlled substance listed in schedule I or II of
24 IC 35-48-2 or its metabolite, after the legalization date (as
25 defined in IC 35-31.5-2-186.4) not including THC, in the
26 person's blood;
27 (3) after the legalization date (as defined in
28 IC 35-31.5-2-186.4), with at least five (5) nanograms per
29 milliliter of THC in the person's whole blood; or
30 (3) (4) while intoxicated;
31 commits a Level 4 felony.
32 (b) A person who causes the death of a law enforcement animal (as
33 defined in IC 35-46-3-4.5) when operating a vehicle:
34 (1) with an alcohol concentration equivalent to at least
35 eight-hundredths (0.08) gram of alcohol per:
36 (A) one hundred (100) milliliters of the person's blood; or
37 (B) two hundred ten (210) liters of the person's breath; or
38 (2) with a controlled substance listed in schedule I or II of
39 IC 35-48-2 or its metabolite, after the legalization date (as
40 defined in IC 35-31.5-2-186.4) not including THC, in the
41 person's blood; or
42 (3) after the legalization date (as defined in
2023 IN 1039—LS 6490/DI 106 37
1 IC 35-31.5-2-186.4), with at least five (5) nanograms per
2 milliliter of THC in the person's whole blood;
3 commits a Level 6 felony.
4 (c) A person who commits an offense under subsection (a) or (b)
5 commits a separate offense for each person or law enforcement animal
6 whose death (or catastrophic injury, in the case of a person) is caused
7 by the violation of subsection (a) or (b).
8 (d) It is a defense under subsection (a) or (b) that the person accused
9 of causing the death or catastrophic injury of another person or the
10 death of a law enforcement animal when operating a vehicle with a
11 controlled substance listed in schedule I or II of IC 35-48-2 or its
12 metabolite in the person's blood consumed the controlled substance in
13 accordance with a valid prescription or order of a practitioner (as
14 defined in IC 35-48-1) who acted in the course of the practitioner's
15 professional practice.
16 SECTION 10. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
17 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2023]: Sec. 6. (a) A physician, a person trained in retrieving
19 contraband or obtaining bodily substance samples and acting under the
20 direction of or under a protocol prepared by a physician, or a licensed
21 health care professional acting within the professional's scope of
22 practice and under the direction of or under a protocol prepared by a
23 physician, who:
24 (1) obtains a blood, urine, or other bodily substance sample from
25 a person, regardless of whether the sample is taken for diagnostic
26 purposes or at the request of a law enforcement officer under this
27 section;
28 (2) performs a chemical test on blood, urine, or other bodily
29 substance obtained from a person; or
30 (3) searches for or retrieves contraband from the body cavity of an
31 individual;
32 shall deliver the sample or contraband or disclose the results of the test
33 to a law enforcement officer who requests the sample, contraband, or
34 results as a part of a criminal investigation. Samples, contraband, and
35 test results shall be provided to a law enforcement officer even if the
36 person has not consented to or otherwise authorized their release.
37 (b) A physician, a licensed health care professional, a hospital, or an
38 agent of a physician or hospital is not civilly or criminally liable for any
39 of the following:
40 (1) Disclosing test results in accordance with this section.
41 (2) Delivering contraband, or a blood, urine, or other bodily
42 substance sample in accordance with this section.
2023 IN 1039—LS 6490/DI 106 38
1 (3) Searching for or retrieving contraband or obtaining a blood,
2 urine, or other bodily substance sample in accordance with this
3 section.
4 (4) Disclosing to the prosecuting attorney or the deputy
5 prosecuting attorney for use at or testifying at the criminal trial of
6 the person as to facts observed or opinions formed.
7 (5) Failing to treat a person from whom contraband is retrieved or
8 a blood, urine, or other bodily substance sample is obtained at the
9 request of a law enforcement officer if the person declines
10 treatment.
11 (6) Injury to a person arising from the performance of duties in
12 good faith under this section. However, immunity does not apply
13 if the physician, licensed health care professional, hospital, or
14 agent of a physician or hospital acts with gross negligence or
15 willful or wanton misconduct.
16 (c) For the purposes of a criminal proceeding:
17 (1) the privileges arising from a patient-physician relationship do
18 not apply to the contraband, samples, test results, or testimony
19 described in this section; and
20 (2) contraband, samples, test results, and testimony may be
21 admitted in a proceeding in accordance with the applicable rules
22 of evidence.
23 (d) The exceptions to the patient-physician relationship specified in
24 subsection (c) do not affect those relationships in a proceeding that is
25 not a criminal proceeding.
26 (e) The contraband, test results, and samples obtained by a law
27 enforcement officer under subsection (a) may be disclosed only to a
28 prosecuting attorney or a deputy prosecuting attorney for use as
29 evidence in a criminal proceeding.
30 (f) This section does not require a physician or a person under the
31 direction of a physician to perform a chemical test or to retrieve
32 contraband.
33 (g) If the person:
34 (1) from whom the contraband is to be retrieved or the bodily
35 substance sample is to be obtained under this section does not
36 consent; and
37 (2) resists the retrieval of the contraband or the taking of a
38 sample;
39 the law enforcement officer may use reasonable force to assist an
40 individual, who must be authorized under this section to retrieve
41 contraband or obtain a sample, in the retrieval of the contraband or the
42 taking of the sample.
2023 IN 1039—LS 6490/DI 106 39
1 (h) The person authorized under this section to retrieve contraband
2 or obtain a bodily substance sample shall take the sample or retrieve
3 the contraband in a medically accepted manner.
4 (i) This subsection does not apply to contraband retrieved or a
5 bodily substance sample taken at a licensed hospital (as defined in
6 IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
7 may transport the person to a place where the contraband may be
8 retrieved or the sample may be obtained by any of the following
9 persons who are trained in retrieving contraband or obtaining bodily
10 substance samples and who have been engaged to retrieve contraband
11 or obtain samples under this section:
12 (1) A physician holding an unlimited license to practice medicine
13 or osteopathy.
14 (2) A registered nurse.
15 (3) A licensed practical nurse.
16 (4) An advanced emergency medical technician (as defined in
17 IC 16-18-2-6.5).
18 (5) A paramedic (as defined in IC 16-18-2-266).
19 (6) Except as provided in subsections (j) through (k), any other
20 person qualified through training, experience, or education to
21 retrieve contraband or obtain a bodily substance sample.
22 (j) A law enforcement officer may not retrieve contraband or obtain
23 a bodily substance sample under this section if the contraband is to be
24 retrieved or the sample is to be obtained from another law enforcement
25 officer as a result of the other law enforcement officer's involvement in
26 an accident or alleged crime.
27 (k) A law enforcement officer who is otherwise qualified to obtain
28 a bodily substance sample under this section may obtain a bodily
29 substance sample from a person involved in an accident or alleged
30 crime who is not a law enforcement officer only if:
31 (1) the officer obtained a bodily substance sample from an
32 individual as part of the officer's official duties as a law
33 enforcement officer; and
34 (2) the:
35 (A) person consents to the officer obtaining a bodily substance
36 sample; or
37 (B) obtaining of the bodily substance sample is authorized by
38 a search warrant.
39 (l) A physician or a person trained in obtaining bodily samples who
40 is acting under the direction of or under a protocol prepared by a
41 physician shall obtain a blood sample if the following conditions are
42 satisfied:
2023 IN 1039—LS 6490/DI 106 40
1 (1) A law enforcement officer requests that the sample be
2 obtained.
3 (2) The law enforcement officer has certified in writing the
4 following:
5 (A) That the officer has probable cause to believe the person
6 from whom the sample is to be obtained has violated
7 IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2),
8 IC 35-46-9-6(c)(2), or IC 35-46-9-6(c). IC 35-46-9-6(d).
9 (B) That the offense resulting in a criminal investigation
10 described in subsection (a) occurred not more than three (3)
11 hours before the time the sample is requested.
12 (C) That exigent circumstances exist that create pressing
13 health, safety, or law enforcement needs that would take
14 priority over a warrant application.
15 (3) Not more than the use of reasonable force is necessary to
16 obtain the sample.
17 SECTION 11. IC 35-31.5-2-186.4 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2023]: Sec. 186.4. "Legalization date" means
20 July 1 following the date that the United States removes marijuana
21 as a schedule I controlled substance.
22 SECTION 12. IC 35-38-9-1.5 IS ADDED TO THE INDIANA
23 CODE AS A NEW SECTION TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) This section applies only
25 to a person convicted of one (1) or more of the following offenses
26 if the act constituting the offense is now permitted under
27 IC 7.1-8-3:
28 (1) IC 35-48-4-8.3 (possession of paraphernalia).
29 (2) IC 35-48-4-8.5 (dealing in paraphernalia).
30 (3) IC 35-48-4-10 (dealing in marijuana).
31 (4) IC 35-48-4-11 (possession of marijuana).
32 (b) At any time after the legalization date, a person to whom this
33 section applies may petition a court to expunge all conviction
34 records, including records contained in:
35 (1) a court's files;
36 (2) the files of the department of correction;
37 (3) the files of the bureau of motor vehicles; and
38 (4) the files of any other person who provided treatment or
39 services to the petitioning person under a court order;
40 that relate to the person's conviction, including records of a
41 collateral action.
42 (c) A petition for expungement of records must be verified and
2023 IN 1039—LS 6490/DI 106 41
1 filed in a circuit or superior court in the county of conviction. The
2 petition must set forth:
3 (1) the date of the conviction;
4 (2) the county of conviction;
5 (3) the court that entered the conviction;
6 (4) any other known identifying information, such as:
7 (A) the name of the arresting officer;
8 (B) the case number or court cause number;
9 (C) any aliases or other names used by the petitioner;
10 (D) the petitioner's driver's license number; and
11 (E) a list of each criminal charge and its disposition, if
12 applicable;
13 (5) the date of the petitioner's birth; and
14 (6) the petitioner's Social Security number.
15 A person who files a petition under this section is not required to
16 pay a filing fee.
17 (d) The court shall serve a copy of the petition on the
18 prosecuting attorney.
19 (e) Upon receipt of a petition for expungement, the court:
20 (1) may summarily deny the petition if the petition does not
21 meet the requirements of this section, or if the statements
22 contained in the petition indicate that the petitioner is not
23 entitled to relief; and
24 (2) shall grant the petition unless the conditions described in
25 subsection (a) have not been met.
26 (f) Whenever the petition of a person under this section is
27 granted:
28 (1) no information concerning the conviction (including
29 information from a collateral action that identifies the
30 petitioner) may be placed or retained in any state central
31 repository for criminal history information or in any other
32 alphabetically arranged criminal history information system
33 maintained by a local, regional, or statewide law enforcement
34 agency;
35 (2) the clerk of the supreme court shall seal or redact any
36 records in the clerk's possession that relate to the vacated
37 conviction;
38 (3) the records of:
39 (A) the sentencing court;
40 (B) a court that conducted a collateral action;
41 (C) a court of appeals; and
42 (D) the supreme court;
2023 IN 1039—LS 6490/DI 106 42
1 concerning the person shall be redacted or permanently
2 sealed; and
3 (4) with respect to the records of a person who is named as an
4 appellant or an appellee in an opinion or memorandum
5 decision by the supreme court or the court of appeals, or who
6 is identified in a collateral action, the court shall:
7 (A) redact the opinion or memorandum decision as it
8 appears on the computer gateway administered by the
9 office of technology so that it does not include the
10 petitioner's name (in the same manner that opinions
11 involving juveniles are redacted); and
12 (B) provide a redacted copy of the opinion to any publisher
13 or organization to whom the opinion or memorandum
14 decision is provided after the date of the order of
15 expungement.
16 The supreme court and the court of appeals are not required to
17 redact, destroy, or otherwise dispose of any existing copy of an
18 opinion or memorandum decision that includes the petitioner's
19 name.
20 (g) If the court issues an order granting a petition for
21 expungement under this section, the order must include the
22 information described in subsection (f).
23 (h) If a person whose records are expunged brings an action that
24 might be defended with the contents of the expunged records, the
25 defendant is presumed to have a complete defense to the action. In
26 order for the plaintiff to recover, the plaintiff must show that the
27 contents of the expunged records would not exonerate the
28 defendant. The plaintiff may be required to state under oath
29 whether the plaintiff had records in the criminal or juvenile justice
30 system and whether those records were expunged. If the plaintiff
31 denies the existence of the records, the defendant may prove their
32 existence in any manner compatible with the law of evidence.
33 SECTION 13. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
34 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
36 (c) and (d), a person who operates a motorboat while:
37 (1) having an alcohol concentration equivalent (as defined in
38 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
39 per:
40 (A) one hundred (100) milliliters of the person's blood; or
41 (B) two hundred ten (210) liters of the person's breath;
42 (2) having a controlled substance listed in schedule I or II of
2023 IN 1039—LS 6490/DI 106 43
1 IC 35-48-2 or its metabolite, after the legalization date not
2 including THC, in the person's body; or
3 (3) intoxicated;
4 commits a Class C misdemeanor.
5 (b) This subsection applies after the legalization date. A person
6 who:
7 (1) operates a vehicle with at least five (5) nanograms per
8 milliliter of THC in the person's whole blood; and
9 (2) is impaired;
10 commits a Class C misdemeanor.
11 (b) (c) The offense under subsection (a) or (b) is a Level 6 felony
12 if:
13 (1) the person has a previous conviction under:
14 (A) IC 14-1-5 (repealed);
15 (B) IC 14-15-8-8 (repealed); or
16 (C) this chapter; or
17 (2) the offense results in serious bodily injury to another person.
18 (c) (d) The offense under subsection (a) or (b) is a Level 5 felony
19 if the offense results in the death or catastrophic injury of another
20 person.
21 (d) (e) It is a defense to a prosecution under subsection (a)(2) that
22 the accused person consumed the controlled substance in accordance
23 with a valid prescription or order of a practitioner (as defined in
24 IC 35-48-1-24) who acted in the course of the practitioner's
25 professional practice.
26 SECTION 14. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
27 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2023]: Sec. 8.3. (a) This section does not apply to:
29 (1) a rolling paper; or
30 (2) after the legalization date, a person, including an adult
31 cannabis user, patient, caregiver, cannabis organization,
32 research facility, or transporter described in IC 7.1-8, if the
33 person is in substantial compliance with the requirements of
34 IC 7.1-8.
35 (b) A person who knowingly or intentionally possesses an
36 instrument, a device, or another object that the person intends to use
37 for:
38 (1) introducing into the person's body a controlled substance;
39 (2) testing the strength, effectiveness, or purity of a controlled
40 substance; or
41 (3) enhancing the effect of a controlled substance;
42 commits a Class C misdemeanor. However, the offense is a Class A
2023 IN 1039—LS 6490/DI 106 44
1 misdemeanor if the person has a prior unrelated judgment or conviction
2 under this section.
3 SECTION 15. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
4 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
6 sale, delivers, or finances the delivery of a raw material, an instrument,
7 a device, or other object that is intended to be or that is designed or
8 marketed to be used primarily for:
9 (1) ingesting, inhaling, or otherwise introducing into the human
10 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
11 controlled substance;
12 (2) testing the strength, effectiveness, or purity of marijuana, hash
13 oil, hashish, salvia, a synthetic drug, or a controlled substance;
14 (3) enhancing the effect of a controlled substance;
15 (4) manufacturing, compounding, converting, producing,
16 processing, or preparing marijuana, hash oil, hashish, salvia, a
17 synthetic drug, or a controlled substance;
18 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
19 synthetic drug, or a controlled substance by individuals; or
20 (6) any purpose announced or described by the seller that is in
21 violation of this chapter;
22 commits a Class A infraction for dealing in paraphernalia.
23 (b) A person who knowingly or intentionally violates subsection (a)
24 commits a Class A misdemeanor. However, the offense is a Level 6
25 felony if the person has a prior unrelated judgment or conviction under
26 this section.
27 (c) This section does not apply to the following:
28 (1) Items marketed for use in the preparation, compounding,
29 packaging, labeling, or other use of marijuana, hash oil, hashish,
30 salvia, a synthetic drug, or a controlled substance as an incident
31 to lawful research, teaching, or chemical analysis and not for sale.
32 (2) Items marketed for or historically and customarily used in
33 connection with the planting, propagating, cultivating, growing,
34 harvesting, manufacturing, compounding, converting, producing,
35 processing, preparing, testing, analyzing, packaging, repackaging,
36 storing, containing, concealing, injecting, ingesting, or inhaling
37 of tobacco or any other lawful substance.
38 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
39 a syringe or needle as part of a program under IC 16-41-7.5.
40 (4) Any entity or person that provides funding to a qualified entity
41 (as defined in IC 16-41-7.5-3) to operate a program described in
42 IC 16-41-7.5.
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1 (5) After the legalization date, a person, including an adult
2 cannabis user, patient, caregiver, cannabis organization,
3 research facility, or transporter described in IC 7.1-8, if the
4 person is in substantial compliance with the requirements of
5 IC 7.1-8.
6 SECTION 16. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
7 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 10. (a) A person who:
9 (1) knowingly or intentionally:
10 (A) manufactures;
11 (B) finances the manufacture of;
12 (C) delivers; or
13 (D) finances the delivery of;
14 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
15 (2) possesses, with intent to:
16 (A) manufacture;
17 (B) finance the manufacture of;
18 (C) deliver; or
19 (D) finance the delivery of;
20 marijuana, hash oil, hashish, or salvia, pure or adulterated;
21 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
22 misdemeanor, except as provided in subsections (b) through (d).
23 (b) A person may be convicted of an offense under subsection (a)(2)
24 only if:
25 (1) there is evidence in addition to the weight of the drug that the
26 person intended to manufacture, finance the manufacture of,
27 deliver, or finance the delivery of the drug; or
28 (2) the amount of the drug involved is at least:
29 (A) ten (10) pounds, if the drug is marijuana; or
30 (B) three hundred (300) grams, if the drug is hash oil, hashish,
31 or salvia.
32 (c) The offense is a Level 6 felony if:
33 (1) the person has a prior conviction for a drug offense and the
34 amount of the drug involved is:
35 (A) less than thirty (30) grams of marijuana; or
36 (B) less than five (5) grams of hash oil, hashish, or salvia; or
37 (2) the amount of the drug involved is:
38 (A) at least thirty (30) grams but less than ten (10) pounds of
39 marijuana; or
40 (B) at least five (5) grams but less than three hundred (300)
41 grams of hash oil, hashish, or salvia.
42 (d) The offense is a Level 5 felony if:
2023 IN 1039—LS 6490/DI 106 46
1 (1) the person has a prior conviction for a drug dealing offense
2 and the amount of the drug involved is:
3 (A) at least thirty (30) grams but less than ten (10) pounds of
4 marijuana; or
5 (B) at least five (5) grams but less than three hundred (300)
6 grams of hash oil, hashish, or salvia;
7 (2) the:
8 (A) amount of the drug involved is:
9 (i) at least ten (10) pounds of marijuana; or
10 (ii) at least three hundred (300) grams of hash oil, hashish,
11 or salvia; or
12 (B) offense involved a sale to a minor; or
13 (3) the:
14 (A) person is a retailer;
15 (B) marijuana, hash oil, hashish, or salvia is packaged in a
16 manner that appears to be low THC hemp extract; and
17 (C) person knew or reasonably should have known that the
18 product was marijuana, hash oil, hashish, or salvia.
19 (e) After the legalization date, this section does not apply to a
20 person, including an adult cannabis user, patient, caregiver,
21 cannabis organization, research facility, or transporter described
22 in IC 7.1-8, if the person is in substantial compliance with the
23 requirements of IC 7.1-8.
24 SECTION 17. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
25 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2023]: Sec. 11. (a) A person who:
27 (1) knowingly or intentionally possesses (pure or adulterated)
28 marijuana, hash oil, hashish, or salvia;
29 (2) knowingly or intentionally grows or cultivates marijuana; or
30 (3) knowing that marijuana is growing on the person's premises,
31 fails to destroy the marijuana plants;
32 commits possession of marijuana, hash oil, hashish, or salvia, a Class
33 B misdemeanor, except as provided in subsections (b) through (c).
34 (b) The offense described in subsection (a) is a Class A
35 misdemeanor if:
36 (1) the person has a prior conviction for a drug offense; or
37 (2) the:
38 (A) marijuana, hash oil, hashish, or salvia is packaged in a
39 manner that appears to be low THC hemp extract; and
40 (B) person knew or reasonably should have known that the
41 product was marijuana, hash oil, hashish, or salvia.
42 (c) The offense described in subsection (a) is a Level 6 felony if:
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1 (1) the person has a prior conviction for a drug offense; and
2 (2) the person possesses:
3 (A) at least thirty (30) grams of marijuana; or
4 (B) at least five (5) grams of hash oil, hashish, or salvia.
5 (d) After the legalization date, this section does not apply to a
6 person, including an adult cannabis user, patient, caregiver,
7 cannabis organization, research facility, or transporter described
8 in IC 7.1-8, if the person is in substantial compliance with the
9 requirements of IC 7.1-8.
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