IN
Indiana House Bill HB1065

Indiana 2023 Regular Session

Indiana House Bill HB1065 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1065
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 2-5-47; IC 7.1-8; IC 15-15-13; IC 15-16-2-36;
77 IC 24-4-21; IC 24-4-22-1; IC 24-4-22-4.
88 Synopsis: Cannabis regulation. Establishes the cannabis compliance
99 advisory committee to review and evaluate certain rules, laws, and
1010 programs. Establishes the cannabis compliance commission to regulate
1111 all forms of legal cannabis in Indiana, including hemp and low THC
1212 hemp extract.
1313 Effective: July 1, 2023.
1414 Errington
1515 January 9, 2023, read first time and referred to Committee on Agriculture and Rural
1616 Development.
1717 2023 IN 1065—LS 6657/DI 77 Introduced
1818 First Regular Session of the 123rd General Assembly (2023)
1919 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2020 Constitution) is being amended, the text of the existing provision will appear in this style type,
2121 additions will appear in this style type, and deletions will appear in this style type.
2222 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2323 provision adopted), the text of the new provision will appear in this style type. Also, the
2424 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2525 a new provision to the Indiana Code or the Indiana Constitution.
2626 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2727 between statutes enacted by the 2022 Regular Session of the General Assembly.
2828 HOUSE BILL No. 1065
2929 A BILL FOR AN ACT to amend the Indiana Code concerning
3030 agriculture and animals.
3131 Be it enacted by the General Assembly of the State of Indiana:
3232 1 SECTION 1. IC 2-5-47 IS ADDED TO THE INDIANA CODE AS
3333 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3434 3 1, 2023]:
3535 4 Chapter 47. Cannabis Compliance Advisory Committee
3636 5 Sec. 1. The following definitions apply throughout this chapter:
3737 6 (1) "Advisory committee" means the cannabis compliance
3838 7 advisory committee established by section 2 of this chapter.
3939 8 (2) "Cannabis compliance commission" means the cannabis
4040 9 compliance commission established by IC 7.1-8-2-1.
4141 10 Sec. 2. The cannabis compliance advisory committee is
4242 11 established.
4343 12 Sec. 3. (a) The advisory committee consists of the following four
4444 13 (4) voting members and five (5) nonvoting members:
4545 14 (1) One (1) legislative member appointed by the speaker of the
4646 15 house of representatives.
4747 16 (2) One (1) legislative member appointed by the minority
4848 17 leader of the house of representatives.
4949 2023 IN 1065—LS 6657/DI 77 2
5050 1 (3) One (1) legislative member appointed by the president pro
5151 2 tempore of the senate.
5252 3 (4) One (1) legislative member appointed by the minority
5353 4 leader of the senate.
5454 5 (5) One (1) representative of law enforcement, appointed as a
5555 6 nonvoting member by the chairperson of the legislative
5656 7 council.
5757 8 (6) The commissioner of the department of state revenue or
5858 9 the commissioner's designee, who serves ex officio as a
5959 10 nonvoting member.
6060 11 (7) The director of the Indiana state department of
6161 12 agriculture or the director's designee, who serves ex officio as
6262 13 a nonvoting member.
6363 14 (8) The state seed commissioner or the commissioner's
6464 15 designee, who serves ex officio as a nonvoting member.
6565 16 (9) The executive director of the cannabis compliance
6666 17 commission or the executive director's designee, who serves
6767 18 ex officio as a nonvoting member.
6868 19 (b) The chairperson of the legislative council shall annually
6969 20 select one (1) of the voting members to serve as chairperson.
7070 21 Sec. 4. (a) A legislative member of the advisory committee may
7171 22 be removed at any time by the appointing authority who appointed
7272 23 the legislative member.
7373 24 (b) An appointed member of the advisory committee may be
7474 25 removed at any time by the appointing authority who appointed
7575 26 the member.
7676 27 (c) If a vacancy exists on the advisory committee, the appointing
7777 28 authority who appointed the former member whose position has
7878 29 become vacant shall appoint an individual to fill the vacancy.
7979 30 Sec. 5. Each member of the advisory committee is entitled to
8080 31 receive the same per diem, mileage, and travel allowances paid to
8181 32 individuals who serve as legislative and lay members, respectively,
8282 33 of interim study committees established by the legislative council.
8383 34 Sec. 6. The affirmative votes of a majority of the voting
8484 35 members appointed to the advisory committee are required for the
8585 36 advisory committee to take action on any measure, including final
8686 37 reports.
8787 38 Sec. 7. The advisory committee shall do the following:
8888 39 (1) Review rules adopted by the cannabis compliance
8989 40 commission.
9090 41 (2) Review legislative proposals suggested by the cannabis
9191 42 compliance commission.
9292 2023 IN 1065—LS 6657/DI 77 3
9393 1 (3) Evaluate the cannabis research and development program
9494 2 under IC 7.1-8-5.
9595 3 (4) Evaluate the operation of the hemp program under
9696 4 IC 15-15-13.
9797 5 (5) Evaluate the processing, packaging, distribution, and sale
9898 6 of low THC hemp extract under IC 24-4-21 through
9999 7 IC 24-4-22.
100100 8 (6) Consider any other matter that relates to cannabis.
101101 9 SECTION 2. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
102102 10 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
103103 11 2023]:
104104 12 ARTICLE 8. CANNABIS REGULATION
105105 13 Chapter 1. Definitions
106106 14 Sec. 1. As used in this article, "cannabis" means cannabis that
107107 15 is legal under Indiana law, including hemp (as defined by
108108 16 IC 15-15-13-6) and low THC hemp extract (as defined by
109109 17 IC 35-48-1-17.5).
110110 18 Chapter 2. General Provisions
111111 19 Sec. 1. The cannabis compliance commission is established to
112112 20 regulate the growth, processing, distribution, and sale of legal
113113 21 cannabis in Indiana, including hemp and low THC hemp extract.
114114 22 Sec. 2. (a) The cannabis compliance commission consists of:
115115 23 (1) the cannabis compliance commission executive committee;
116116 24 (2) the executive director; and
117117 25 (3) other employees necessary to carry out the duties of the
118118 26 cannabis compliance commission.
119119 27 (b) The cannabis compliance commission executive committee
120120 28 consists of four (4) commissioners, who shall hire the executive
121121 29 director and direct and oversee the operation of the cannabis
122122 30 compliance commission.
123123 31 Sec. 3. (a) The cannabis compliance commission executive
124124 32 committee commissioners shall be appointed by the governor.
125125 33 (b) A commissioner is eligible for reappointment.
126126 34 (c) Not more than two (2) commissioners may belong to the
127127 35 same political party.
128128 36 (d) A commissioner shall be appointed to a four (4) year term
129129 37 that begins July 1. However, the initial terms begin July 1, 2023,
130130 38 and must be staggered as follows:
131131 39 (1) One (1) commissioner appointed for a one (1) year term.
132132 40 (2) One (1) commissioner appointed for a two (2) year term.
133133 41 (3) One (1) commissioner appointed for a three (3) year term.
134134 42 (4) One (1) commissioner appointed for a four (4) year term.
135135 2023 IN 1065—LS 6657/DI 77 4
136136 1 (e) A commissioner serves the commissioner's term at the
137137 2 pleasure of the governor.
138138 3 Sec. 4. To be eligible for appointment as a commissioner, an
139139 4 individual must have the following qualifications:
140140 5 (1) The individual may not be employed by the state in any
141141 6 other capacity.
142142 7 (2) The individual must have good moral character.
143143 8 (3) The individual must have been a resident of Indiana for at
144144 9 least five (5) years immediately preceding the appointment.
145145 10 Sec. 5. (a) The governor shall appoint, from among the four (4)
146146 11 commissioners appointed under section 3(a) of this chapter:
147147 12 (1) one (1) commissioner to serve as chairperson; and
148148 13 (2) one (1) commissioner to serve as vice chairperson;
149149 14 of the cannabis compliance commission executive committee.
150150 15 (b) The vice chairperson shall act as the chairperson if the
151151 16 chairperson is unable to attend a meeting of the cannabis
152152 17 compliance commission executive committee.
153153 18 Sec. 6. A commissioner appointed to fill a vacancy in the
154154 19 cannabis compliance commission executive committee shall serve
155155 20 only for the unexpired part of the original vacated term. In all
156156 21 other respects, an appointment to fill a vacancy shall be made in
157157 22 the same manner that an original appointment is made.
158158 23 Sec. 7. As compensation for services, each commissioner is
159159 24 entitled to the minimum salary per diem provided by
160160 25 IC 4-10-11-2.1(b). A commissioner is also entitled to
161161 26 reimbursement for traveling expenses as provided under
162162 27 IC 4-13-1-4 and other expenses actually incurred in connection
163163 28 with the commissioner's duties as provided in the state policies and
164164 29 procedures established by the Indiana department of
165165 30 administration and approved by the budget agency.
166166 31 Sec. 8. (a) Each commissioner shall execute:
167167 32 (1) a surety bond in the amount of ten thousand dollars
168168 33 ($10,000), with surety approved by the governor; and
169169 34 (2) an oath of office.
170170 35 (b) The surety bond and the oath of office shall be filed in the
171171 36 office of the secretary of state.
172172 37 Sec. 9. The required surety bond executed and filed on behalf of
173173 38 a commissioner shall be made payable to the state of Indiana and
174174 39 conditioned upon the faithful discharge of the commissioner's
175175 40 duties.
176176 41 Sec. 10. The cannabis compliance commission executive
177177 42 committee shall hold meetings at the call of the chairperson. The
178178 2023 IN 1065—LS 6657/DI 77 5
179179 1 cannabis compliance commission executive committee may
180180 2 establish rules governing meetings.
181181 3 Sec. 11. (a) Three (3) cannabis compliance commission
182182 4 commissioners constitute a quorum for the transaction of business.
183183 5 (b) Each commissioner has one (1) vote.
184184 6 (c) Action of the cannabis compliance commission executive
185185 7 committee may be taken only upon the affirmative votes of at least
186186 8 two (2) commissioners. If a vote is a tie, the position for which the
187187 9 chairperson voted prevails, as long as that position has received the
188188 10 affirmative votes of at least two (2) commissioners.
189189 11 Sec. 12. A commissioner may not solicit or accept a political
190190 12 contribution from any individual or entity that has a permit or has
191191 13 applied for a permit issued by the cannabis compliance
192192 14 commission, or that is otherwise regulated by the cannabis
193193 15 compliance commission. However, the right of a commissioner to
194194 16 vote as the commissioner chooses and to express the
195195 17 commissioner's opinions on political subjects and candidates may
196196 18 not be impaired.
197197 19 Chapter 3. Employees and Administration
198198 20 Sec. 1. (a) The cannabis compliance commission executive
199199 21 committee shall appoint an executive director to assist the cannabis
200200 22 compliance commission in the efficient administration of its powers
201201 23 and duties.
202202 24 (b) The cannabis compliance commission executive committee
203203 25 shall fix the salary of the executive director, subject to the approval
204204 26 of the budget agency.
205205 27 (c) The executive director:
206206 28 (1) is the executive agent of the cannabis compliance
207207 29 commission executive committee in the administration of the
208208 30 committee's policies; and
209209 31 (2) has the other powers and duties delegated to the executive
210210 32 director by the cannabis compliance commission executive
211211 33 committee or specifically assigned to the executive director by
212212 34 statute.
213213 35 Sec. 2. The executive director has the power to employ all
214214 36 necessary employees, determine their duties, and, subject to the
215215 37 approval of the cannabis compliance commission executive
216216 38 committee and the budget agency, fix their salaries.
217217 39 Chapter 4. Powers and Duties
218218 40 Sec. 1. The chairperson is the presiding officer at the meetings
219219 41 of the cannabis compliance commission executive committee. The
220220 42 chairperson, together with the executive director, shall prepare,
221221 2023 IN 1065—LS 6657/DI 77 6
222222 1 certify, and authenticate all proceedings, minutes, records, rules,
223223 2 and regulations of the cannabis compliance commission executive
224224 3 committee. The chairperson shall also perform all other duties as
225225 4 imposed on the chairperson by this title.
226226 5 Sec. 2. (a) The cannabis compliance commission has the general
227227 6 power to organize its work, and to enforce and administer:
228228 7 (1) this article;
229229 8 (2) IC 15-15-13 (hemp);
230230 9 (3) IC 24-4-21 (distribution of low THC hemp extract);
231231 10 (4) IC 24-4-22 (sale of low THC hemp extract); and
232232 11 (5) rules adopted by the cannabis compliance commission.
233233 12 (b) The cannabis compliance commission has the following
234234 13 additional powers and duties:
235235 14 (1) To have a designated agent, upon presentation of proper
236236 15 credentials, enter upon private or public property to inspect
237237 16 for and investigate possible violations of:
238238 17 (A) this article;
239239 18 (B) IC 15-15-13 (hemp);
240240 19 (C) IC 24-4-21 (distribution of low THC hemp extract);
241241 20 (D) IC 24-4-22 (sale of low THC hemp extract); and
242242 21 (E) rules adopted by the cannabis compliance commission.
243243 22 (2) To employ or contract for the legal, professional, and
244244 23 other personnel and assistance that is necessary for the
245245 24 efficient performance of the cannabis compliance
246246 25 commission's duties.
247247 26 (3) To issue orders to:
248248 27 (A) secure compliance with:
249249 28 (i) this article;
250250 29 (ii) IC 15-15-13 (hemp);
251251 30 (iii) IC 24-4-21 (distribution of low THC hemp extract);
252252 31 (iv) IC 24-4-22 (sale of low THC hemp extract); and
253253 32 (v) rules adopted by the cannabis compliance
254254 33 commission; and
255255 34 (B) assess civil penalties.
256256 35 (4) To bring an appropriate action in court to:
257257 36 (A) enforce any order of the cannabis compliance
258258 37 commission;
259259 38 (B) collect any penalties or fees; and
260260 39 (C) procure or secure compliance with:
261261 40 (i) this article;
262262 41 (ii) IC 15-15-13 (hemp);
263263 42 (iii) IC 24-4-21 (distribution of low THC hemp extract);
264264 2023 IN 1065—LS 6657/DI 77 7
265265 1 (iv) IC 24-4-22 (sale of low THC hemp extract); and
266266 2 (v) rules adopted by the cannabis compliance
267267 3 commission.
268268 4 (5) To hold hearings before the cannabis compliance
269269 5 commission or its representative.
270270 6 (6) To take testimony and receive evidence.
271271 7 (7) To conduct inquiries with or without a hearing.
272272 8 (8) To receive reports of investigators or other governmental
273273 9 officers and employees.
274274 10 (9) To administer oaths.
275275 11 (10) To subpoena witnesses and to compel them to appear and
276276 12 testify.
277277 13 (11) To certify copies of records of the cannabis compliance
278278 14 commission or any other document or record on file with the
279279 15 cannabis compliance commission.
280280 16 (12) To fix the form, mode, manner, time, and number of
281281 17 times for the posting or publication of any required notices if
282282 18 not otherwise provided.
283283 19 (13) To adopt rules under IC 4-22-2 to carry out:
284284 20 (A) this article;
285285 21 (B) IC 15-15-13 (hemp);
286286 22 (C) IC 24-4-21 (distribution of low THC hemp extract);
287287 23 and
288288 24 (D) IC 24-4-22 (sale of low THC hemp extract).
289289 25 (14) To establish fees for licenses, permits, and applications.
290290 26 (15) To retain and consult with experts and other consultants.
291291 27 (16) To carry out any other duties assigned by statute.
292292 28 Sec. 3. The cannabis compliance commission shall adopt rules
293293 29 under IC 4-22-2 to prescribe the forms for all applications,
294294 30 documents, permits, and licenses used in the administration of:
295295 31 (1) this article;
296296 32 (2) IC 15-15-13 (hemp);
297297 33 (3) IC 24-4-21 (distribution of low THC hemp extract);
298298 34 (4) IC 24-4-22 (sale of low THC hemp extract); and
299299 35 (5) rules adopted by the cannabis compliance commission.
300300 36 Sec. 4. The cannabis compliance commission has the following
301301 37 duties:
302302 38 (1) To regulate, enforce, and carry out the provisions of
303303 39 IC 15-15-13 (hemp).
304304 40 (2) To regulate, enforce, and carry out the provisions of
305305 41 IC 24-4-21 and IC 24-4-22 (distribution and sale of low THC
306306 42 hemp extract).
307307 2023 IN 1065—LS 6657/DI 77 8
308308 1 (3) To adopt protocols to:
309309 2 (A) prevent fraud;
310310 3 (B) ensure the accuracy of information contained in an
311311 4 application relating to hemp and low THC hemp extract;
312312 5 and
313313 6 (C) protect the privacy of an applicant.
314314 7 (4) To encourage research concerning cannabis and issue
315315 8 research licenses as described in IC 7.1-8-5.
316316 9 Chapter 5. Research and Development
317317 10 Sec. 1. To permit and encourage research concerning cannabis:
318318 11 (1) an accredited institution of higher education with a
319319 12 physical presence in Indiana; and
320320 13 (2) a pharmaceutical or agricultural business having a
321321 14 research facility in Indiana;
322322 15 may apply to the cannabis compliance commission for a license to
323323 16 conduct research concerning cannabis.
324324 17 Sec. 2. An application under this chapter must include the
325325 18 following:
326326 19 (1) The nature of the research project.
327327 20 (2) The names of the individuals who will conduct the
328328 21 research project.
329329 22 (3) The approximate quantity of cannabis that will be used in
330330 23 the research project.
331331 24 (4) The security protocol to be implemented to ensure that
332332 25 cannabis is not diverted for uses other than the research
333333 26 project.
334334 27 (5) Any other information required by the cannabis
335335 28 compliance commission.
336336 29 Sec. 3. Upon receipt of a completed application, the cannabis
337337 30 compliance commission may issue a research license to the
338338 31 accredited institution of higher education or pharmaceutical or
339339 32 agricultural business. The research license must specifically list the
340340 33 names of each individual participating in the research project who
341341 34 will have custody or control of cannabis for research purposes and
342342 35 the approximate quantity of cannabis that will be used in the
343343 36 research project.
344344 37 Sec. 4. The cannabis compliance commission may charge a
345345 38 reasonable fee for issuance of a research license.
346346 39 SECTION 3. IC 15-15-13-0.5, AS ADDED BY P.L.165-2014,
347347 40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
348348 41 JULY 1, 2023]: Sec. 0.5. The state seed commissioner cannabis
349349 42 compliance commission shall administer this chapter.
350350 2023 IN 1065—LS 6657/DI 77 9
351351 1 SECTION 4. IC 15-15-13-1, AS AMENDED BY P.L.190-2019,
352352 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
353353 3 JULY 1, 2023]: Sec. 1. (a) Nothing in this chapter authorizes any
354354 4 person to violate any federal law or regulation.
355355 5 (b) Nothing in this chapter authorizes the state seed commissioner
356356 6 to regulate a hemp product.
357357 7 SECTION 5. IC 15-15-13-2, AS ADDED BY P.L.165-2014,
358358 8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
359359 9 JULY 1, 2023]: Sec. 2. As used in this chapter, "agricultural hemp
360360 10 seed" means Cannabis sativa seed that meets any labeling, quality, and
361361 11 other standards set by the state seed commissioner cannabis
362362 12 compliance commission and that is intended for sale or is sold to, or
363363 13 purchased by, licensed growers for planting.
364364 14 SECTION 6. IC 15-15-13-2.5 IS ADDED TO THE INDIANA
365365 15 CODE AS A NEW SECTION TO READ AS FOLLOWS
366366 16 [EFFECTIVE JULY 1, 2023]: Sec. 2.5. As used in this chapter,
367367 17 "cannabis compliance commission" means the cannabis
368368 18 compliance commission established by IC 7.1-8-2-1.
369369 19 SECTION 7. IC 15-15-13-7, AS AMENDED BY P.L.190-2019,
370370 20 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
371371 21 JULY 1, 2023]: Sec. 7. (a) Subject to section 15 of this chapter, The
372372 22 production of, possession of, scientific study of, and commerce in hemp
373373 23 is authorized in Indiana. Hemp is subject to regulation by the state seed
374374 24 commissioner. cannabis compliance commission. The state seed
375375 25 commissioner cannabis compliance commission shall adopt rules to
376376 26 oversee the licensing, production, and management of:
377377 27 (1) hemp; and
378378 28 (2) agricultural hemp seed.
379379 29 (b) All growers and handlers must have a hemp license issued by
380380 30 the state seed commissioner. cannabis compliance commission.
381381 31 Growers and handlers engaged in the production of agricultural hemp
382382 32 seed must also have an agricultural hemp seed production license.
383383 33 (c) An application for a hemp license or agricultural hemp seed
384384 34 production license must include the following:
385385 35 (1) The name and address of the applicant.
386386 36 (2) The name and address of the hemp operation of the applicant.
387387 37 (3) The global positioning system coordinates and legal
388388 38 description of the property used for the hemp operation.
389389 39 (4) If the hemp license or agricultural hemp seed production
390390 40 license application is made by a grower, the acreage size of the
391391 41 field where the hemp will be grown.
392392 42 (5) A statement signed by the applicant, under penalty of perjury,
393393 2023 IN 1065—LS 6657/DI 77 10
394394 1 that the person applying for the hemp license or agricultural hemp
395395 2 seed production license has not been convicted of a drug related
396396 3 felony or misdemeanor in the previous ten (10) years.
397397 4 (6) A written consent allowing the state police department to
398398 5 conduct a state or national criminal history background check.
399399 6 (7) A written consent allowing the state police department, the
400400 7 state seed commissioner, cannabis compliance commission, or
401401 8 the state seed commissioner's cannabis compliance
402402 9 commission's authorized representative, if a license is issued to
403403 10 the applicant, to conduct aerial inspections and to enter the
404404 11 premises on which the hemp is grown to conduct physical
405405 12 inspections of hemp planted and grown by the applicant, and to
406406 13 ensure the plants meet the definition of hemp as set forth in
407407 14 section 6 of this chapter.
408408 15 (8) A nonrefundable application fee, which must include the
409409 16 amount necessary to conduct a state or national criminal history
410410 17 background check, in an amount determined by the state seed
411411 18 commissioner. cannabis compliance commission.
412412 19 (9) Any other information required by the state seed
413413 20 commissioner. cannabis compliance commission.
414414 21 (d) Rules adopted by the state seed commissioner before July 1,
415415 22 2023, concerning hemp are considered, after June 30, 2023, rules
416416 23 of the cannabis compliance commission.
417417 24 SECTION 8. IC 15-15-13-8, AS AMENDED BY P.L.156-2020,
418418 25 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
419419 26 JULY 1, 2023]: Sec. 8. (a) Each license application received under this
420420 27 chapter must be processed as follows:
421421 28 (1) Upon receipt of a license application, the state seed
422422 29 commissioner cannabis compliance commission shall do one (1)
423423 30 of the following:
424424 31 (A) Forward a copy of the application to the state police
425425 32 department. The state police department shall then do the
426426 33 following:
427427 34 (i) Perform a state or national criminal history background
428428 35 check of the applicant.
429429 36 (ii) Determine if the requirements under section 7(c)(5) of
430430 37 this chapter concerning prior criminal convictions have been
431431 38 met.
432432 39 (iii) Return the application to the state seed commissioner
433433 40 cannabis compliance commission along with the state
434434 41 police department's determinations and a copy of the state or
435435 42 national criminal history background check.
436436 2023 IN 1065—LS 6657/DI 77 11
437437 1 (B) Do the following:
438438 2 (i) Perform a state or national criminal history background
439439 3 check of the applicant under the same standards as the state
440440 4 police department would perform.
441441 5 (ii) Determine if the requirements under section 7(c)(5) of
442442 6 this chapter concerning prior criminal convictions have been
443443 7 met.
444444 8 (2) The state seed commissioner cannabis compliance
445445 9 commission shall review the license application and the criminal
446446 10 history background check.
447447 11 (b) If the state seed commissioner cannabis compliance
448448 12 commission determines that all the requirements under this chapter
449449 13 have been met and that a license should be granted to the applicant, the
450450 14 state seed commissioner cannabis compliance commission shall
451451 15 approve the application for issuance of a license.
452452 16 (c) A hemp license or agricultural hemp seed production license
453453 17 expires on December 31 of the year for which the license was issued,
454454 18 unless revoked. A hemp license or agricultural hemp seed production
455455 19 license may be renewed in accordance with rules adopted by the state
456456 20 seed commissioner cannabis compliance commission and is
457457 21 nontransferable.
458458 22 SECTION 9. IC 15-15-13-9, AS AMENDED BY P.L.190-2019,
459459 23 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
460460 24 JULY 1, 2023]: Sec. 9. (a) An agricultural hemp seed production
461461 25 license issued under this chapter authorizes a grower or handler to
462462 26 produce and handle agricultural hemp seed for sale to licensed hemp
463463 27 growers and handlers. A seller of agricultural hemp seed shall ensure
464464 28 that the seed complies with any standards set by the state seed
465465 29 commissioner. cannabis compliance commission. The state seed
466466 30 commissioner cannabis compliance commission shall make available
467467 31 to growers information that identifies sellers of agricultural hemp seed.
468468 32 (b) A person who sells agricultural hemp seed to a grower must be
469469 33 a seed distributor who has a permit under IC 15-15-1-34.
470470 34 (c) All growers and handlers must keep records in accordance with
471471 35 rules adopted by the state seed commissioner. cannabis compliance
472472 36 commission. Upon at least three (3) days notice, the state seed
473473 37 commissioner cannabis compliance commission may audit the
474474 38 required records during normal business hours. The state seed
475475 39 commissioner cannabis compliance commission may conduct an
476476 40 audit for the purpose of ensuring compliance with:
477477 41 (1) this chapter;
478478 42 (2) rules adopted by the state seed commissioner; cannabis
479479 2023 IN 1065—LS 6657/DI 77 12
480480 1 compliance commission; or
481481 2 (3) hemp license or agricultural hemp seed production license
482482 3 requirements, terms, and conditions.
483483 4 (d) In addition to an audit conducted in accordance with subsection
484484 5 (c), the state seed commissioner cannabis compliance commission
485485 6 may inspect independently, or in cooperation with the state police
486486 7 department, a federal law enforcement agency, or a local law
487487 8 enforcement agency, any hemp crop during the crop's growth phase and
488488 9 take a representative composite sample for field analysis. If a crop
489489 10 contains an average delta-9-tetrahydrocannabinol (THC) concentration
490490 11 exceeding three-tenths of one percent (0.3%) on a dry weight basis, the
491491 12 state seed commissioner cannabis compliance commission may
492492 13 detain, seize, or embargo the crop.
493493 14 (e) The state seed commissioner cannabis compliance commission
494494 15 may revoke a license issued under this chapter to a person that fails to
495495 16 cooperate with:
496496 17 (1) the state seed commissioner; cannabis compliance
497497 18 commission;
498498 19 (2) the state police;
499499 20 (3) a federal law enforcement agency; or
500500 21 (4) a local law enforcement agency;
501501 22 in an inspection, or in the taking of a sample, under subsection (d).
502502 23 (f) A failure to cooperate described in subsection (e) constitutes
503503 24 probable cause for the state seed commissioner, cannabis compliance
504504 25 commission, state police, federal law enforcement agency, or local law
505505 26 enforcement agency to search the premises of the licensee's hemp
506506 27 operation.
507507 28 (g) If the state police department, a federal law enforcement agency,
508508 29 or a local law enforcement agency cooperates with the state seed
509509 30 commissioner cannabis compliance commission in the detention,
510510 31 seizure, or embargo of a crop under this section:
511511 32 (1) the state police department, federal law enforcement agency,
512512 33 or local law enforcement agency; and
513513 34 (2) any officer or employee of the state police department, federal
514514 35 law enforcement agency, or local law enforcement agency who is
515515 36 involved in the detention, seizure, or embargo;
516516 37 is immune from civil liability for the detention, seizure, or embargo.
517517 38 (h) The state seed commissioner cannabis compliance commission
518518 39 may order a hemp crop that is detained, seized, or embargoed for
519519 40 noncompliance with this chapter to be destroyed by the owner.
520520 41 However, except as prohibited by federal law, the grower may appeal
521521 42 to the state seed commissioner cannabis compliance commission for
522522 2023 IN 1065—LS 6657/DI 77 13
523523 1 the hemp crop to be diverted to a willing licensed processor for
524524 2 processing and sale for industrial use. A hemp crop that is detained,
525525 3 seized, or embargoed may not be used for cannabidiol, other extracts,
526526 4 oil, food, or cosmetic products that are used for humans or animals.
527527 5 (i) A grower shall reimburse the state seed commissioner cannabis
528528 6 compliance commission for the cost of testing conducted on the
529529 7 grower's crop under this section.
530530 8 SECTION 10. IC 15-15-13-9.5, AS ADDED BY P.L.190-2019,
531531 9 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
532532 10 JULY 1, 2023]: Sec. 9.5. (a) A person who is a handler licensed under
533533 11 this section may distribute clones and other nonseed propagative
534534 12 materials of a hemp plant using the person's own labeling, if the
535535 13 distributor does the following:
536536 14 (1) Complies with the requirements of this chapter.
537537 15 (2) Reports the variety and quantity of each variety of the
538538 16 propagative material of plant sold.
539539 17 (3) Pays the inspection fee on the basis of the report.
540540 18 (4) Labels the propagative material with the information required
541541 19 by the state seed commissioner. cannabis compliance
542542 20 commission.
543543 21 (5) Keeps records to accurately determine the named varieties and
544544 22 the number of plants of each variety distributed.
545545 23 (6) Grants the state seed commissioner cannabis compliance
546546 24 commission or the state seed commissioner's cannabis
547547 25 compliance commission's authorized representative access to
548548 26 examine the handler's records and verify the quantity and each
549549 27 variety of propagative material distributed.
550550 28 (7) Report, under oath, to the state seed commissioner cannabis
551551 29 compliance commission on forms furnished by the state seed
552552 30 commissioner cannabis compliance commission each variety
553553 31 and quantity of propagative material sold during each semiannual
554554 32 period.
555555 33 (8) Any other information or conditions stated in the application.
556556 34 (b) The state seed commissioner cannabis compliance commission
557557 35 may revoke a handler's license if the commissioner commission
558558 36 determines any of the following:
559559 37 (1) That the licensee has not complied with the requirements
560560 38 under this chapter.
561561 39 (2) The report required in subsection (a) has not been submitted
562562 40 and is more than ten (10) days late.
563563 41 (3) The report required in subsection (a) contained false
564564 42 information.
565565 2023 IN 1065—LS 6657/DI 77 14
566566 1 (4) The labeling requirements under this chapter have not been
567567 2 met.
568568 3 (c) If the inspection fee has not been paid and is more than ten (10)
569569 4 days late, the state seed commissioner cannabis compliance
570570 5 commission shall assess a late fee.
571571 6 (d) Each year the:
572572 7 (1) report required under subsection (a)(7); and
573573 8 (2) inspection fees required under this chapter;
574574 9 for the period beginning on January 1 and ending on June 30 and for
575575 10 the period beginning on July 1 and ending on December 31 are due not
576576 11 more than thirty (30) days after the end of the semiannual period.
577577 12 SECTION 11. IC 15-15-13-10, AS ADDED BY P.L.165-2014,
578578 13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
579579 14 JULY 1, 2023]: Sec. 10. The amount of any fees charged growers and
580580 15 handlers by the state seed commissioner cannabis compliance
581581 16 commission under this chapter must be sufficient to cover the cost of
582582 17 the administration of this chapter, including the cost of conducting
583583 18 audits and testing.
584584 19 SECTION 12. IC 15-15-13-11, AS AMENDED BY P.L.190-2019,
585585 20 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
586586 21 JULY 1, 2023]: Sec. 11. Only a hemp licensee, the licensee's designee,
587587 22 or the licensee's agents may be permitted to transport hemp off a
588588 23 production site. When transporting hemp off the production site, the
589589 24 hemp licensee, designee, or agent shall have in the licensee's,
590590 25 designee's, or agent's possession the licensing documents from the state
591591 26 seed commissioner cannabis compliance commission evidencing that
592592 27 the hemp is from certified seed produced by a licensed grower.
593593 28 SECTION 13. IC 15-15-13-12, AS AMENDED BY P.L.156-2020,
594594 29 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
595595 30 JULY 1, 2023]: Sec. 12. The state seed commissioner cannabis
596596 31 compliance commission is responsible for the following:
597597 32 (1) Monitoring the hemp grown by any license holder.
598598 33 (2) Conducting random testing of the hemp for compliance with
599599 34 tetrahydrocannabinol (THC) levels. The state seed commissioner
600600 35 cannabis compliance commission may enter into agreements
601601 36 with one (1) or more laboratories selected by the Indiana state
602602 37 police department to perform testing under this subdivision.
603603 38 (3) Establishing necessary testing criteria and protocols, including
604604 39 a procedure for testing, using post decarboxylation or other
605605 40 similarly reliable methods, for delta-9-tetrahydrocannabinol
606606 41 concentration levels of the hemp produced.
607607 42 (4) Establishing the minimum number of acres to be planted
608608 2023 IN 1065—LS 6657/DI 77 15
609609 1 under each license issued under this chapter.
610610 2 (5) Regulating any propagative material of a hemp plant.
611611 3 SECTION 14. IC 15-15-13-13, AS AMENDED BY P.L.190-2019,
612612 4 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
613613 5 JULY 1, 2023]: Sec. 13. (a) Subject to section 13.5 of this chapter, in
614614 6 addition to any other liability or penalty provided by law, the state seed
615615 7 commissioner cannabis compliance commission may revoke or refuse
616616 8 to issue or renew a hemp license or an agricultural hemp seed
617617 9 production license and may impose a civil penalty for a violation of:
618618 10 (1) a license requirement;
619619 11 (2) license terms or conditions;
620620 12 (3) a rule relating to growing or handling hemp; or
621621 13 (4) section 19 of this chapter.
622622 14 (b) The state seed commissioner cannabis compliance commission
623623 15 may not impose a civil penalty under this section that exceeds two
624624 16 thousand five hundred dollars ($2,500).
625625 17 (c) The state seed commissioner cannabis compliance commission
626626 18 may revoke or refuse to issue or renew a hemp license or an
627627 19 agricultural hemp seed production license for a violation of any rule of
628628 20 the state seed commissioner cannabis compliance commission that
629629 21 pertains to agricultural operations or activities other than hemp
630630 22 growing or handling.
631631 23 (d) Any civil penalties collected under this section shall be
632632 24 transferred to the Indiana state department of agriculture and used for
633633 25 hemp marketing and research purposes.
634634 26 (e) In addition to payment of any civil penalty imposed under this
635635 27 section, a person who commits a violation described in subsection (a)
636636 28 shall reimburse the state seed commissioner cannabis compliance
637637 29 commission for any costs incurred by the state seed commissioner
638638 30 cannabis compliance commission for laboratory testing of material
639639 31 pertaining to the violation.
640640 32 SECTION 15. IC 15-15-13-13.5, AS AMENDED BY P.L.156-2020,
641641 33 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
642642 34 JULY 1, 2023]: Sec. 13.5. (a) Except as provided in subsection (b), the
643643 35 state seed commissioner cannabis compliance commission shall give
644644 36 a person who negligently violates this chapter a reasonable time,
645645 37 determined by the state seed commissioner, cannabis compliance
646646 38 commission, to correct the violation without imposing a penalty under
647647 39 section 13 of this chapter. However, the state seed commissioner
648648 40 cannabis compliance commission may require the person who
649649 41 committed the violation to comply with a corrective action plan
650650 42 determined by the state seed commissioner cannabis compliance
651651 2023 IN 1065—LS 6657/DI 77 16
652652 1 commission and report to the state seed commissioner cannabis
653653 2 compliance commission on compliance with the corrective action
654654 3 plan.
655655 4 (b) A person who commits a negligent violation of this chapter three
656656 5 (3) times in a five (5) year period shall immediately be ineligible to
657657 6 produce hemp for five (5) years.
658658 7 (c) If the state seed commissioner cannabis compliance
659659 8 commission believes that a person has knowingly or intentionally
660660 9 violated this chapter, the state seed commissioner cannabis
661661 10 compliance commission shall notify:
662662 11 (1) the superintendent of the state police department; and
663663 12 (2) the prosecuting attorney of the county in which the violation
664664 13 occurred;
665665 14 of the violation.
666666 15 (d) A person who commits a negligent violation under this chapter
667667 16 is subject to a late fee as established by rule adopted by the state seed
668668 17 commissioner. cannabis compliance commission.
669669 18 SECTION 16. IC 15-15-13-14, AS AMENDED BY P.L.190-2019,
670670 19 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
671671 20 JULY 1, 2023]: Sec. 14. (a) The state seed commissioner cannabis
672672 21 compliance commission shall adopt rules under IC 4-22-2 to
673673 22 implement and administer this chapter.
674674 23 (b) The state seed commissioner cannabis compliance commission
675675 24 may adopt emergency rules in the manner provided under
676676 25 IC 4-22-2-37.1 to comply with any federal requirement under the
677677 26 Agriculture Improvement Act of 2018 to implement and administer this
678678 27 chapter.
679679 28 SECTION 17. IC 15-15-13-15 IS REPEALED [EFFECTIVE JULY
680680 29 1, 2023]. Sec. 15. Before December 31, 2019, the state seed
681681 30 commissioner, after consultation with the governor, the director of the
682682 31 state department of agriculture, and the superintendent of the state
683683 32 police department, shall submit a plan that monitors and regulates the
684684 33 production of hemp to the United States Department of Agriculture. If
685685 34 the United States Department of Agriculture disapproves the plan, the
686686 35 state seed commissioner shall submit an amended plan to the United
687687 36 States Department of Agriculture.
688688 37 SECTION 18. IC 15-15-13-16, AS ADDED BY P.L.165-2014,
689689 38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
690690 39 JULY 1, 2023]: Sec. 16. (a) The state seed commissioner cannabis
691691 40 compliance commission shall pay all fees collected under this chapter
692692 41 to the treasurer of Purdue University.
693693 42 (b) The board of trustees of Purdue University shall expend the fees
694694 2023 IN 1065—LS 6657/DI 77 17
695695 1 on proper vouchers filed with the treasurer of Purdue University. The
696696 2 treasurer shall pay vouchers for the following expenses:
697697 3 (1) The employment of inspectors and seed analysts.
698698 4 (2) Procuring samples.
699699 5 (3) Printing bulletins giving the results of inspection.
700700 6 (4) Any other expenses of the Purdue University agricultural
701701 7 programs authorized by law and for implementing this chapter.
702702 8 (c) The dean of agriculture of Purdue University shall make and
703703 9 submit a financial report to the governor in such form as the state board
704704 10 of accounts requires, showing the total receipts and expenditures of all
705705 11 fees received under this chapter.
706706 12 (d) Excess funds from the collection of fees under this chapter are
707707 13 subject to IC 15-16-2-36.
708708 14 SECTION 19. IC 15-15-13-17, AS AMENDED BY P.L.190-2019,
709709 15 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
710710 16 JULY 1, 2023]: Sec. 17. (a) The seed commissioner cannabis
711711 17 compliance commission may keep the:
712712 18 (1) names of growers and handlers who are licensed under this
713713 19 chapter; and
714714 20 (2) locations of licensed hemp crops;
715715 21 confidential for purposes of IC 5-14-3.
716716 22 (b) The seed commissioner cannabis compliance commission may
717717 23 share confidential information under subsection (a) with the state
718718 24 police department, law enforcement officers (as defined in
719719 25 IC 35-31.5-2-185), and federal enforcement officers (as defined in
720720 26 IC 35-31.5-2-129).
721721 27 SECTION 20. IC 15-15-13-19, AS ADDED BY P.L.190-2019,
722722 28 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
723723 29 JULY 1, 2023]: Sec. 19. (a) Hemp bud (as defined in IC 35-48-1-17.2)
724724 30 and hemp flower (as defined in IC 35-48-1-17.3) may be sold only to
725725 31 a processor licensed under this chapter.
726726 32 (b) The state seed commissioner cannabis compliance commission
727727 33 may impose a civil penalty under section 13 of this chapter for a
728728 34 violation of subsection (a).
729729 35 SECTION 21. IC 15-15-13-20, AS ADDED BY P.L.190-2019,
730730 36 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
731731 37 JULY 1, 2023]: Sec. 20. (a) A person who knowingly or intentionally
732732 38 violates:
733733 39 (1) a term, condition, or requirement of a license issued; or
734734 40 (2) a rule adopted;
735735 41 under this chapter is subject to a civil penalty, determined by the state
736736 42 seed commissioner, cannabis compliance commission, not to exceed
737737 2023 IN 1065—LS 6657/DI 77 18
738738 1 ten thousand dollars ($10,000) per violation. The state seed
739739 2 commissioner cannabis compliance commission may also revoke the
740740 3 license of a person who violates this subsection.
741741 4 (b) A person who knowingly or intentionally:
742742 5 (1) grows hemp;
743743 6 (2) handles hemp; or
744744 7 (3) sells agricultural hemp seed;
745745 8 not including smokable hemp (as defined by IC 35-48-1-26.6), and is
746746 9 not licensed under this chapter, commits a Class A misdemeanor.
747747 10 SECTION 22. IC 15-16-2-36, AS AMENDED BY P.L.141-2018,
748748 11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
749749 12 JULY 1, 2023]: Sec. 36. (a) Notwithstanding any other law, all excess
750750 13 funds accumulated from the fees collected by:
751751 14 (1) the state chemist, under this chapter, IC 15-15-2, IC 15-16-4,
752752 15 IC 15-16-5, and IC 15-19-7; and
753753 16 (2) the state seed commissioner under IC 15-15-1 and, before
754754 17 July 1, 2023, IC 15-15-13; and
755755 18 (3) after June 30, 2023, the cannabis compliance commission
756756 19 under IC 15-15-13;
757757 20 shall be paid to the treasurer of Purdue University. The funds shall be
758758 21 administered by the board of trustees of Purdue University.
759759 22 (b) On approval of the governor and the budget agency, the board
760760 23 of trustees may spend the excess funds for the construction, operation,
761761 24 rehabilitation, and repair of buildings, structures, or other facilities
762762 25 used for:
763763 26 (1) carrying out the purposes of those chapters referred to in
764764 27 subsection (a) under which the fees are collected; or
765765 28 (2) the agricultural programs authorized by law and in support of
766766 29 the purposes of the chapters referred to in subsection (a).
767767 30 SECTION 23. IC 24-4-21-1, AS AMENDED BY P.L.190-2019,
768768 31 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
769769 32 JULY 1, 2023]: Sec. 1. The following definitions apply throughout this
770770 33 chapter:
771771 34 (1) "Cannabis compliance commission" means the cannabis
772772 35 compliance commission established by IC 7.1-8-2-1.
773773 36 (1) (2) "Certificate of analysis" means a certificate from an
774774 37 independent testing laboratory describing the results of the
775775 38 laboratory's testing of a sample.
776776 39 (2) (3) "Independent testing laboratory" means a laboratory:
777777 40 (A) with respect to which no person having a direct or indirect
778778 41 interest in the laboratory also has a direct or indirect interest
779779 42 in a facility that:
780780 2023 IN 1065—LS 6657/DI 77 19
781781 1 (i) processes, distributes, or sells low THC hemp extract, or
782782 2 a substantially similar substance in another jurisdiction;
783783 3 (ii) cultivates, processes, distributes, dispenses, or sells
784784 4 marijuana; or
785785 5 (iii) cultivates, processes, or distributes hemp; and
786786 6 (B) that is accredited as a testing laboratory to International
787787 7 Organization for Standardization (ISO) 17025 by a third party
788788 8 accrediting body such as the American Association for
789789 9 Laboratory Accreditation (A2LA) or Assured Calibration and
790790 10 Laboratory Accreditation Select Services (ACLASS).
791791 11 (3) (4) "Low THC hemp extract" has the meaning set forth in
792792 12 IC 35-48-1-17.5.
793793 13 SECTION 24. IC 24-4-21-1.5 IS ADDED TO THE INDIANA
794794 14 CODE AS A NEW SECTION TO READ AS FOLLOWS
795795 15 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) The cannabis compliance
796796 16 commission shall administer and enforce this chapter.
797797 17 (b) The cannabis compliance commission may:
798798 18 (1) conduct inspections, review certifications, inspect
799799 19 packaging, and engage in other enforcement actions to ensure
800800 20 compliance with this chapter; and
801801 21 (2) seek injunctions and impose civil penalties to enforce this
802802 22 chapter.
803803 23 SECTION 25. IC 24-4-21-5, AS ADDED BY P.L.153-2018,
804804 24 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
805805 25 JULY 1, 2023]: Sec. 5. (a) This section applies after June 30, 2018.
806806 26 (b) A person who distributes low THC hemp extract in violation of
807807 27 this chapter commits a Class B infraction. However, the offense is a
808808 28 Class A infraction if the person has a prior unrelated judgment for a
809809 29 violation of this chapter.
810810 30 (c) These The penalties described in this section are in addition to
811811 31 any:
812812 32 (1) criminal penalties that may be imposed for unlawful
813813 33 possession or distribution of a controlled substance; or
814814 34 (2) civil penalties or injunctive relief imposed by or sought by
815815 35 the cannabis compliance commission.
816816 36 SECTION 26. IC 24-4-22-1, AS AMENDED BY P.L.10-2019,
817817 37 SECTION 106, IS AMENDED TO READ AS FOLLOWS
818818 38 [EFFECTIVE JULY 1, 2023]: Sec. 1. As used in this chapter:
819819 39 (1) "cannabis compliance commission" means the cannabis
820820 40 compliance commission established by IC 7.1-8-2-1; and
821821 41 (2) "low THC hemp extract" has the meaning set forth in
822822 42 IC 35-48-1-17.5.
823823 2023 IN 1065—LS 6657/DI 77 20
824824 1 SECTION 27. IC 24-4-22-4, AS ADDED BY P.L.153-2018,
825825 2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
826826 3 JULY 1, 2023]: Sec. 4. (a) This section applies after June 30, 2018.
827827 4 (b) A person who violates section 3 of this chapter commits a Class
828828 5 C infraction. However, the violation is a Class B infraction if the
829829 6 person has one (1) prior unrelated judgment for a violation of section
830830 7 3 of this chapter, and a Class A infraction if the person has two (2) or
831831 8 more prior unrelated judgments for a violation of section 3 of this
832832 9 chapter.
833833 10 (c) These The penalties described in this section are in addition to
834834 11 any:
835835 12 (1) criminal penalties that may be imposed for unlawful
836836 13 possession or distribution of a controlled substance; or
837837 14 (2) civil penalties or injunctive relief imposed by or sought by
838838 15 the cannabis compliance commission.
839839 16 SECTION 28. [EFFECTIVE JULY 1, 2023] (a) As used in this
840840 17 SECTION, "cannabis compliance commission" means the cannabis
841841 18 compliance commission established by IC 7.1-8-2-1, as added by
842842 19 this act.
843843 20 (b) On July 1, 2023, all powers, duties, agreements, and
844844 21 liabilities of the state seed commissioner with respect to hemp are
845845 22 transferred to the cannabis compliance commission, as the
846846 23 successor agency.
847847 24 (c) On July 1, 2023, all records and property of the state seed
848848 25 commissioner relating to hemp, including appropriations and other
849849 26 funds under the control or supervision of the state seed
850850 27 commissioner that are designated for the hemp program, are
851851 28 transferred to the cannabis compliance commission, as the
852852 29 successor agency.
853853 30 (d) After June 30, 2023, any amounts owed to the state seed
854854 31 commissioner before July 1, 2023, in connection with hemp are
855855 32 considered to be owed to the cannabis compliance commission, as
856856 33 the successor agency.
857857 34 (e) After June 30, 2023, a reference to the state seed
858858 35 commissioner in a statute, rule, or other document related to hemp
859859 36 is considered a reference to the cannabis compliance commission,
860860 37 as the successor agency.
861861 38 (f) Any rules adopted under IC 15-15-13 by the state seed
862862 39 commissioner before July 1, 2023, concerning hemp are
863863 40 considered, after June 30, 2023, rules of the cannabis compliance
864864 41 commission.
865865 42 (g) Proceedings relating to hemp that are pending before the
866866 2023 IN 1065—LS 6657/DI 77 21
867867 1 state seed commissioner on July 1, 2023, shall be transferred from
868868 2 the state seed commissioner to the cannabis compliance
869869 3 commission and treated as if initiated by the cannabis compliance
870870 4 commission.
871871 5 (h) A license or permit relating to hemp that is issued by the
872872 6 state seed commissioner before July 1, 2023, shall be treated after
873873 7 June 30, 2023, as a license or permit issued by the cannabis
874874 8 compliance commission.
875875 9 (i) This SECTION expires July 1, 2024.
876876 2023 IN 1065—LS 6657/DI 77