Indiana 2023 Regular Session

Indiana House Bill HB1248 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1248
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-2.5-8-7; IC 6-8.1-1-1; IC 6-11; IC 7.1-8;
7	7	IC 9-30-5; IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
8	8	IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
9	9	IC 34-24-1-1; IC 34-30-2.1-73.5; IC 35-31.5-2-185; IC 35-45-6-1;
10	10	IC 35-46-9-6; IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
11	11	Synopsis: Cannabis. Establishes a procedure for the lawful production
12	12	and sale of cannabis in Indiana. Makes conforming amendments.
13	13	Makes an appropriation.
14	14	Effective: July 1, 2023.
15	15	Johnson B
16	16	January 11, 2023, read first time and referred to Committee on Courts and Criminal Code.
17	17	2023 IN 1248—LS 6986/DI 106 Introduced
18	18	First Regular Session of the 123rd General Assembly (2023)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2022 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1248
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	criminal law and procedure and to make an appropriation.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 6-2.5-8-7, AS AMENDED BY P.L.156-2020,
33	33	2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2023]: Sec. 7. (a) The department may, for good cause, revoke
35	35	4 a certificate issued under section 1, 3, or 4 of this chapter. However,
36	36	5 the department must give the certificate holder at least five (5) days
37	37	6 notice before it revokes the certificate under this subsection. Good
38	38	7 cause for revocation may include the following:
39	39	8 (1) Failure to:
40	40	9 (A) file a return required under this chapter or for any tax
41	41	10 collected for the state in trust; or
42	42	11 (B) remit any tax collected for the state in trust.
43	43	12 (2) Being charged with a violation of any provision under IC 35.
44	44	13 (3) Being subject to a court order under IC 7.1-2-6-7,
45	45	14 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
46	46	15 (4) Being charged with a violation of IC 23-15-12.
47	47	16 (5) Operating as a retail merchant where the certificate issued
48	48	17 under section 1 of this chapter could have been denied under
49	49	2023 IN 1248—LS 6986/DI 106 2
50	50	1 section 1(e) of this chapter prior to its issuance.
51	51	2 The department may revoke a certificate before a criminal adjudication
52	52	3 or without a criminal charge being filed. If the department gives notice
53	53	4 of an intent to revoke based on an alleged violation of subdivision (2),
54	54	5 the department shall hold a public hearing to determine whether good
55	55	6 cause exists. If the department finds in a public hearing by a
56	56	7 preponderance of the evidence that a person has committed a violation
57	57	8 described in subdivision (2), the department shall proceed in
58	58	9 accordance with subsection (i) (if the violation resulted in a criminal
59	59	10 conviction) or subsection (j) (if the violation resulted in a judgment for
60	60	11 an infraction).
61	61	12 (b) The department shall revoke a certificate issued under section
62	62	13 1, 3, or 4 of this chapter if, for a period of three (3) years, the certificate
63	63	14 holder fails to:
64	64	15 (1) file the returns required by IC 6-2.5-6-1; or
65	65	16 (2) report the collection of any state gross retail or use tax on the
66	66	17 returns filed under IC 6-2.5-6-1.
67	67	18 However, the department must give the certificate holder at least five
68	68	19 (5) days notice before it revokes the certificate.
69	69	20 (c) The department may, for good cause, revoke a certificate issued
70	70	21 under section 1 of this chapter after at least five (5) days notice to the
71	71	22 certificate holder if:
72	72	23 (1) the certificate holder is subject to an innkeeper's tax under
73	73	24 IC 6-9; and
74	74	25 (2) a board, bureau, or commission established under IC 6-9 files
75	75	26 a written statement with the department.
76	76	27 (d) The statement filed under subsection (c) must state that:
77	77	28 (1) information obtained by the board, bureau, or commission
78	78	29 under IC 6-8.1-7-1 indicates that the certificate holder has not
79	79	30 complied with IC 6-9; and
80	80	31 (2) the board, bureau, or commission has determined that
81	81	32 significant harm will result to the county from the certificate
82	82	33 holder's failure to comply with IC 6-9.
83	83	34 (e) The department shall revoke or suspend a certificate issued
84	84	35 under section 1 of this chapter after at least five (5) days notice to the
85	85	36 certificate holder if:
86	86	37 (1) the certificate holder owes taxes, penalties, fines, interest, or
87	87	38 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
88	88	39 days after the due date under IC 6-1.1; and
89	89	40 (2) the treasurer of the county to which the taxes are due requests
90	90	41 the department to revoke or suspend the certificate.
91	91	42 (f) The department shall reinstate a certificate suspended under
92	92	2023 IN 1248—LS 6986/DI 106 3
93	93	1 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
94	94	2 or the county treasurer requests the department to reinstate the
95	95	3 certificate because an agreement for the payment of taxes and any
96	96	4 penalties due under IC 6-1.1 has been reached to the satisfaction of the
97	97	5 county treasurer.
98	98	6 (g) The department shall revoke a certificate issued under section
99	99	7 1 of this chapter after at least five (5) days notice to the certificate
100	100	8 holder if the department finds in a public hearing by a preponderance
101	101	9 of the evidence that the certificate holder has violated IC 35-45-5-3,
102	102	10 IC 35-45-5-3.5, or IC 35-45-5-4.
103	103	11 (h) If a person makes a payment for the certificate under section 1
104	104	12 or 3 of this chapter with a check, credit card, debit card, or electronic
105	105	13 funds transfer, and the department is unable to obtain payment of the
106	106	14 check, credit card, debit card, or electronic funds transfer for its full
107	107	15 face amount when the check, credit card, debit card, or electronic funds
108	108	16 transfer is presented for payment through normal banking channels, the
109	109	17 department shall notify the person by mail that the check, credit card,
110	110	18 debit card, or electronic funds transfer was not honored and that the
111	111	19 person has five (5) days after the notice is mailed to pay the fee in cash,
112	112	20 by certified check, or other guaranteed payment. If the person fails to
113	113	21 make the payment within the five (5) day period, the department shall
114	114	22 revoke the certificate.
115	115	23 (i) If the department finds in a public hearing by a preponderance of
116	116	24 the evidence that a person has a conviction for an offense under
117	117	25 IC 35-48-4 and the conviction involved the sale of or the offer to sell,
118	118	26 in the normal course of business, a synthetic drug (as defined in
119	119	27 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
120	120	28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled
121	121	29 substance analog (as defined in IC 35-48-1-9.3), or a substance
122	122	30 represented to be a controlled substance (as described in
123	123	31 IC 35-48-4-4.6) by a retail merchant in a place of business for which
124	124	32 the retail merchant has been issued a registered retail merchant
125	125	33 certificate under section 1 of this chapter, the department:
126	126	34 (1) shall suspend the registered retail merchant certificate for the
127	127	35 place of business for one (1) year; and
128	128	36 (2) may not issue another retail merchant certificate under section
129	129	37 1 of this chapter for one (1) year to any person:
130	130	38 (A) that:
131	131	39 (i) applied for; or
132	132	40 (ii) made a retail transaction under;
133	133	41 the retail merchant certificate suspended under subdivision
134	134	42 (1); or
135	135	2023 IN 1248—LS 6986/DI 106 4
136	136	1 (B) that:
137	137	2 (i) owned or co-owned, directly or indirectly; or
138	138	3 (ii) was an officer, a director, a manager, or a partner of;
139	139	4 the retail merchant that was issued the retail merchant
140	140	5 certificate suspended under subdivision (1).
141	141	6 (j) If the department finds in a public hearing by a preponderance of
142	142	7 the evidence that a person has a judgment for a violation of
143	143	8 IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an infraction and
144	144	9 the violation involved the sale of or the offer to sell, in the normal
145	145	10 course of business, a synthetic drug or a synthetic drug lookalike
146	146	11 substance by a retail merchant in a place of business for which the
147	147	12 retail merchant has been issued a registered retail merchant certificate
148	148	13 under section 1 of this chapter, the department:
149	149	14 (1) may suspend the registered retail merchant certificate for the
150	150	15 place of business for six (6) months; and
151	151	16 (2) may withhold issuance of another retail merchant certificate
152	152	17 under section 1 of this chapter for six (6) months to any person:
153	153	18 (A) that:
154	154	19 (i) applied for; or
155	155	20 (ii) made a retail transaction under;
156	156	21 the retail merchant certificate suspended under subdivision
157	157	22 (1); or
158	158	23 (B) that:
159	159	24 (i) owned or co-owned, directly or indirectly; or
160	160	25 (ii) was an officer, a director, a manager, or a partner of;
161	161	26 the retail merchant that was issued the retail merchant
162	162	27 certificate suspended under subdivision (1).
163	163	28 (k) If the department finds in a public hearing by a preponderance
164	164	29 of the evidence that a person has a conviction for a violation of
165	165	30 IC 35-48-4-10(d)(3) IC 35-48-4-10(e) and the conviction involved an
166	166	31 offense committed by a retail merchant in a place of business for which
167	167	32 the retail merchant has been issued a registered retail merchant
168	168	33 certificate under section 1 of this chapter, the department:
169	169	34 (1) shall suspend the registered retail merchant certificate for the
170	170	35 place of business for one (1) year; and
171	171	36 (2) may not issue another retail merchant certificate under section
172	172	37 1 of this chapter for one (1) year to any person:
173	173	38 (A) that:
174	174	39 (i) applied for; or
175	175	40 (ii) made a retail transaction under;
176	176	41 the retail merchant certificate suspended under subdivision
177	177	42 (1); or
178	178	2023 IN 1248—LS 6986/DI 106 5
179	179	1 (B) that:
180	180	2 (i) owned or co-owned, directly or indirectly; or
181	181	3 (ii) was an officer, a director, a manager, or a partner of;
182	182	4 the retail merchant that was issued the retail merchant
183	183	5 certificate suspended under subdivision (1).
184	184	6 SECTION 2. IC 6-8.1-1-1, AS AMENDED BY P.L.138-2022,
185	185	7 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
186	186	8 JULY 1, 2023]: Sec. 1. "Listed taxes" or "taxes" includes only the
187	187	9 pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the supplemental
188	188	10 wagering tax (IC 4-33-12); the riverboat wagering tax (IC 4-33-13); the
189	189	11 slot machine wagering tax (IC 4-35-8); the type II gambling game
190	190	12 excise tax (IC 4-36-9); the gross income tax (IC 6-2.1) (repealed); the
191	191	13 utility receipts and utility services use taxes (IC 6-2.3) (repealed); the
192	192	14 state gross retail and use taxes (IC 6-2.5); the adjusted gross income tax
193	193	15 (IC 6-3); the supplemental net income tax (IC 6-3-8) (repealed); the
194	194	16 county adjusted gross income tax (IC 6-3.5-1.1) (repealed); the county
195	195	17 option income tax (IC 6-3.5-6) (repealed); the county economic
196	196	18 development income tax (IC 6-3.5-7) (repealed); the local income tax
197	197	19 (IC 6-3.6); the auto rental excise tax (IC 6-6-9); the financial
198	198	20 institutions tax (IC 6-5.5); the gasoline tax (IC 6-6-1.1); the special fuel
199	199	21 tax (IC 6-6-2.5); the motor carrier fuel tax (IC 6-6-4.1); a motor fuel tax
200	200	22 collected under a reciprocal agreement under IC 6-8.1-3; the vehicle
201	201	23 excise tax (IC 6-6-5); the aviation fuel excise tax (IC 6-6-13); the
202	202	24 commercial vehicle excise tax (IC 6-6-5.5); the excise tax imposed on
203	203	25 recreational vehicles and truck campers (IC 6-6-5.1); the hazardous
204	204	26 waste disposal tax (IC 6-6-6.6) (repealed); the heavy equipment rental
205	205	27 excise tax (IC 6-6-15); the vehicle sharing excise tax (IC 6-6-16); the
206	206	28 cigarette tax (IC 6-7-1); the closed system cartridge tax (IC 6-7-2-7.5);
207	207	29 the electronic cigarette tax (IC 6-7-4); the cannabis excise tax (IC
208	208	30 6-11); the beer excise tax (IC 7.1-4-2); the liquor excise tax (IC
209	209	31 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard cider excise tax (IC
210	210	32 7.1-4-4.5); the petroleum severance tax (IC 6-8-1); the various
211	211	33 innkeeper's taxes (IC 6-9); the various food and beverage taxes (IC
212	212	34 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28); the oil
213	213	35 inspection fee (IC 16-44-2); the penalties assessed for oversize vehicles
214	214	36 (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
215	215	37 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
216	216	38 fee that the department is required to collect or administer.
217	217	39 SECTION 3. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
218	218	40 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
219	219	41 2023]:
220	220	42 ARTICLE 11. CANNABIS EXCISE TAX
221	221	2023 IN 1248—LS 6986/DI 106 6
222	222	1 Chapter 1. Imposition and Collection of Tax
223	223	2 Sec. 1. The following definitions apply throughout this article:
224	224	3 (1) "Department" refers to the department of state revenue.
225	225	4 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
226	226	5 (3) "Retailer permittee" means a person who holds a cannabis
227	227	6 retailer permit issued under IC 7.1-8-15.
228	228	7 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
229	229	8 a rate of ten percent (10%) of the sales price per ounce of cannabis.
230	230	9 This tax shall be paid to the department by the retailer permittee
231	231	10 who sells the cannabis.
232	232	11 Sec. 3. (a) Every person subject to the tax under this article shall
233	233	12 remit the tax owed to the department before the fifteenth day of
234	234	13 the month following the month in which the cannabis is sold.
235	235	14 (b) The department shall prescribe the return to be filed for the
236	236	15 payment of the tax.
237	237	16 Sec. 4. The amounts received from the tax imposed by this
238	238	17 article shall be transferred by the auditor of state to the cannabis
239	239	18 regulation fund established by IC 7.1-8-2-10.
240	240	19 Sec. 5. The department has full power to administer and enforce
241	241	20 this chapter, to collect all taxes and penalties due, and to dispose of
242	242	21 taxes and penalties so collected as provided by law. The tax is a
243	243	22 listed tax for purposes of IC 6-8.1.
244	244	23 Sec. 6. Except as otherwise provided in this article, a tax
245	245	24 imposed under this chapter shall be imposed, paid, and collected in
246	246	25 the same manner that the state gross retail tax is imposed, paid,
247	247	26 and collected under IC 6-2.5.
248	248	27 Sec. 7. The department shall adopt rules under IC 4-22-2 to
249	249	28 implement this article.
250	250	29 SECTION 4. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
251	251	30 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
252	252	31 2023]:
253	253	32 ARTICLE 8. CANNABIS
254	254	33 Chapter 1. Definitions
255	255	34 Sec. 1. The following definitions apply throughout this article
256	256	35 unless the context clearly requires otherwise:
257	257	36 (1) "Applicant" means a person who applies for a permit
258	258	37 under this article.
259	259	38 (2) "Batch" means cannabis plants that have been grown
260	260	39 together.
261	261	40 (3) "Cannabis" means any part of the plant genus Cannabis
262	262	41 whether growing or not, the seeds thereof, and any compound,
263	263	42 manufacture, salt, derivative, mixture, or preparation of the
264	264	2023 IN 1248—LS 6986/DI 106 7
265	265	1 plant or its seeds. However, the term does not include:
266	266	2 (A) the mature stalks of the plant;
267	267	3 (B) fiber produced from the stalks;
268	268	4 (C) oil or cake made from the seeds of the plant;
269	269	5 (D) any other compound, manufacture, salt, derivative,
270	270	6 mixture, or preparation of the mature stalks (except the
271	271	7 resin extracted therefrom);
272	272	8 (E) the sterilized seed of the plant which is incapable of
273	273	9 germination;
274	274	10 (F) hemp (as defined in IC 15-15-13-6);
275	275	11 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
276	276	12 or
277	277	13 (H) smokable hemp (as defined in IC 35-48-1-26.6).
278	278	14 (4) "Cannabis canopy" means the surface area used to grow
279	279	15 cannabis plants calculated in square feet and measured using
280	280	16 the outside boundaries of any area that includes cannabis
281	281	17 plants, including all of the space within the boundaries.
282	282	18 (5) "Cannabis permittee" means an individual, partnership,
283	283	19 company, or corporation permitted to grow, process,
284	284	20 transport, or sell cannabis for commercial purposes in
285	285	21 Indiana. However, the term does not include a person who
286	286	22 grows cannabis for personal use.
287	287	23 (6) "Carrier" means a person who is engaged in the
288	288	24 transportation of cannabis or cannabis products between a
289	289	25 grower, a processor, and a retailer and holds a permit issued
290	290	26 under IC 7.1-8-14.
291	291	27 (7) "Commission" means the cannabis commission established
292	292	28 by IC 7.1-8-2-1.
293	293	29 (8) "Crop" means any cannabis grown under a single permit.
294	294	30 (9) "Grower" means an individual, partnership, company, or
295	295	31 corporation that produces cannabis for commercial purposes
296	296	32 and that holds a permit issued under IC 7.1-8-12.
297	297	33 (10) "Integrated permittee" means a permittee who holds a
298	298	34 grower permit, a processor permit, and a retailer permit.
299	299	35 (11) "Permit" means a written authorization issued by the
300	300	36 commission entitling the holder to grow, process, transport,
301	301	37 sell, test, or otherwise deal in cannabis, as provided in this
302	302	38 article.
303	303	39 (12) "Permittee" means a person who holds a valid permit
304	304	40 under this article, including an agent of, employee of, or
305	305	41 another person acting on behalf of a permittee.
306	306	42 (13) "Personally cultivate" means to grow cannabis for
307	307	2023 IN 1248—LS 6986/DI 106 8
308	308	1 personal household use.
309	309	2 (14) "Processor" means an individual, partnership, company,
310	310	3 or corporation holding a permit issued under IC 7.1-8-13 that
311	311	4 obtains cannabis from a grower and:
312	312	5 (A) extracts botanical compounds or cannabinoids from
313	313	6 the cannabis;
314	314	7 (B) creates a cannabis infused product; or
315	315	8 (C) prepares or packages cannabis for retail sale for sale
316	316	9 or transfer.
317	317	10 (15) "Retailer" means an individual, partnership, company,
318	318	11 or corporation that holds a permit under IC 7.1-8-15 and that,
319	319	12 in the ordinary course of the person's regular trade or
320	320	13 business:
321	321	14 (A) acquires any form of cannabis for the purpose of
322	322	15 resale; and
323	323	16 (B) transfers the cannabis to another person for money or
324	324	17 other consideration.
325	325	18 (16) "Statewide monitoring system" means the statewide
326	326	19 cannabis tracking and monitoring system established under
327	327	20 IC 7.1-8-17.
328	328	21 Chapter 2. Cannabis Commission
329	329	22 Sec. 1. The cannabis commission is established.
330	330	23 Sec. 2. The commission consists of:
331	331	24 (1) five (5) voting members appointed by the governor with
332	332	25 the advice and consent of the legislative council; and
333	333	26 (2) the executive director of the commission or the executive
334	334	27 director's designee, who serves ex officio as a nonvoting
335	335	28 member.
336	336	29 Sec. 3. (a) A commissioner is eligible for reappointment.
337	337	30 (b) Not more than three (3) commissioners may be members of
338	338	31 the same political party.
339	339	32 (c) A commissioner shall be appointed to a four (4) year term
340	340	33 and may be removed only for cause. An appointment to fill a
341	341	34 vacancy shall be made in the same manner that an original
342	342	35 appointment is made. A member appointed to fill a vacancy in the
343	343	36 membership of the commission may serve only for the unexpired
344	344	37 portion of the original, vacated term, but may be reappointed.
345	345	38 Sec. 4. To be eligible for appointment as a commissioner an
346	346	39 individual must have the following qualifications:
347	347	40 (1) The individual may not be employed by the state in any
348	348	41 other capacity.
349	349	42 (2) The individual must have been an Indiana resident for at
350	350	2023 IN 1248—LS 6986/DI 106 9
351	351	1 least ten (10) years immediately preceding the appointment.
352	352	2 (3) The individual may not have a financial interest in a
353	353	3 cannabis permittee or in an entity governed by:
354	354	4 (A) this title;
355	355	5 (B) IC 4-29;
356	356	6 (C) IC 4-29.5;
357	357	7 (D) IC 4-31;
358	358	8 (E) IC 4-32.3;
359	359	9 (F) IC 4-33;
360	360	10 (G) IC 4-35; or
361	361	11 (H) IC 4-36.
362	362	12 (4) The individual may not have been convicted within ten
363	363	13 (10) years before the date of appointment of:
364	364	14 (A) a federal crime having a sentence of greater than one
365	365	15 (1) year;
366	366	16 (B) a Class A, Class B, or Class C felony (for a crime
367	367	17 committed before July 1, 2014) or a Level 1, Level 2, Level
368	368	18 3, Level 4, or Level 5 felony (for a crime committed after
369	369	19 June 30, 2014); or
370	370	20 (C) a crime in another state that is substantially similar to
371	371	21 a crime described in clause (B).
372	372	22 Sec. 5. As compensation for services, each commissioner is
373	373	23 entitled to the minimum salary per diem provided by
374	374	24 IC 4-10-11-2.1(b). A commissioner is also entitled to
375	375	25 reimbursement for traveling expenses as provided under
376	376	26 IC 4-13-1-4 and other expenses actually incurred in connection
377	377	27 with the commissioner's duties as provided in the state policies and
378	378	28 procedures established by the department of administration and
379	379	29 approved by the budget agency.
380	380	30 Sec. 6. (a) Each commissioner shall execute a surety bond in the
381	381	31 amount of ten thousand dollars ($10,000), with surety approved by
382	382	32 the governor, and an oath of office, both of which shall be filed in
383	383	33 the office of the secretary of state.
384	384	34 (b) The required surety bond executed and filed on behalf of a
385	385	35 commissioner, an enforcement officer (under IC 7.1-8-5), or the
386	386	36 prosecutor (under IC 7.1-8-3) shall be made payable to the State of
387	387	37 Indiana and conditioned upon the faithful discharge of the bonded
388	388	38 party's respective duties.
389	389	39 Sec. 7. The commission shall hold regular meetings on at least
390	390	40 a quarterly basis. The commission may hold special meetings
391	391	41 whenever the commission deems it necessary. The procedure for
392	392	42 the calling of a special meeting shall be provided for in the rules of
393	393	2023 IN 1248—LS 6986/DI 106 10
394	394	1 the commission. The commission has the power to adjourn, from
395	395	2 time to time, both regular and special meetings. In no event,
396	396	3 however, shall the adjournment be later than the next regular
397	397	4 meeting date.
398	398	5 Sec. 8. (a) Three (3) members of the commission constitute a
399	399	6 quorum for the transaction of business.
400	400	7 (b) Each commissioner has one (1) vote.
401	401	8 (c) Action of the commission may be taken only upon the
402	402	9 affirmative votes of at least two (2) commissioners. If a vote of the
403	403	10 commission is a tie, the position for which the chairperson voted
404	404	11 prevails, as long as that position has received the affirmative votes
405	405	12 of at least two (2) commissioners.
406	406	13 Sec. 9. A commissioner may not solicit or accept a political
407	407	14 contribution from any person or entity that has a permit or has
408	408	15 applied for a permit issued by the commission. However, the right
409	409	16 of a commissioner to vote as the commissioner chooses and to
410	410	17 express the commissioner's opinions on political subjects and
411	411	18 candidates may not be impaired.
412	412	19 Sec. 10. (a) As used in this section, "fund" means the cannabis
413	413	20 regulation fund established by subsection (b).
414	414	21 (b) The cannabis regulation fund is established for the purpose
415	415	22 of implementing, administering, and enforcing this article. The
416	416	23 fund shall be administered by the commission.
417	417	24 (c) The fund consists of taxes, fees, and civil penalties collected
418	418	25 under this article.
419	419	26 (d) The expenses of administering the fund shall be paid from
420	420	27 money in the fund.
421	421	28 (e) The treasurer of state shall invest the money in the fund not
422	422	29 currently needed to meet the obligations of the fund in the same
423	423	30 manner as other public money may be invested. Interest that
424	424	31 accrues from these investments shall be deposited in the fund.
425	425	32 (f) Money in the fund at the end of a state fiscal year does not
426	426	33 revert to the state general fund. However, the treasurer of state
427	427	34 shall distribute money in the fund at the end of a state fiscal year
428	428	35 as follows:
429	429	36 (1) Fifteen percent (15%) to prosecuting attorneys in counties
430	430	37 in which a cannabis retail facility is located, allocated in
431	431	38 proportion to the number of cannabis retail facilities within
432	432	39 the county as compared to the total number of cannabis retail
433	433	40 facilities in Indiana.
434	434	41 (2) Fifteen percent (15%) to cities, towns, and counties (if a
435	435	42 facility is not located in a city or town) in which a cannabis
436	436	2023 IN 1248—LS 6986/DI 106 11
437	437	1 growing facility, processing facility, or retail facility is
438	438	2 located, allocated in proportion to the number of growing
439	439	3 facilities, processing facilities, and retail facilities in Indiana.
440	440	4 (3) Twenty percent (20%) to the Indiana department of health
441	441	5 to be used to develop, in consultation with the department of
442	442	6 education, a cannabis abuse prevention and education
443	443	7 program for youth.
444	444	8 (4) Twenty-five percent (25%) to the Indiana department of
445	445	9 health for use by the division of mental health and addiction.
446	446	10 (5) Twenty-five percent (25%) to the state police department.
447	447	11 Chapter 3. Office of the Prosecutor
448	448	12 Sec. 1. The office of the prosecutor is established within the
449	449	13 commission.
450	450	14 Sec. 2. The prosecutor shall be appointed by the governor for a
451	451	15 term of four (4) years to be served at the pleasure of the governor.
452	452	16 The prosecutor must be a resident of Indiana and licensed to
453	453	17 practice law in Indiana.
454	454	18 Sec. 3. The prosecutor shall execute a surety bond in the amount
455	455	19 of five thousand dollars ($5,000), with surety approved by the
456	456	20 governor, and an oath of office, both of which shall be filed in the
457	457	21 office of the secretary of state.
458	458	22 Sec. 4. As compensation for services, the prosecutor shall
459	459	23 receive an annual salary to be fixed in the same manner that the
460	460	24 salaries of other state officials are fixed. In addition to the annual
461	461	25 salary, the prosecutor shall be reimbursed for traveling and other
462	462	26 expenses necessarily incurred while away from the office carrying
463	463	27 out prosecutorial duties.
464	464	28 Sec. 5. The prosecutor has the following powers and duties:
465	465	29 (1) To prosecute before the commission all violations of laws
466	466	30 pertaining to cannabis or cannabis products.
467	467	31 (2) To prosecute before the commission all violations of the
468	468	32 rules of the commission.
469	469	33 (3) To assist the prosecuting attorneys of the various judicial
470	470	34 circuits in the investigation and prosecution of violations of
471	471	35 laws pertaining to cannabis or cannabis products.
472	472	36 (4) To appear before grand juries to assist in their
473	473	37 investigations into matters pertaining to cannabis or cannabis
474	474	38 products.
475	475	39 (5) To establish a seal of office.
476	476	40 (6) To administer oaths and to do all other acts authorized by
477	477	41 law for notaries public.
478	478	42 (7) To employ, with the consent of the commission and at
479	479	2023 IN 1248—LS 6986/DI 106 12
480	480	1 salaries fixed by the commission in its budget, the clerical staff
481	481	2 required to effectively discharge the duties of the prosecutor.
482	482	3 Sec. 6. The commission shall provide the prosecutor with
483	483	4 appropriate office space and all necessary office supplies and
484	484	5 services. All claims for salaries and necessary expenses of the office
485	485	6 of the prosecutor shall be allowed and approved and paid by the
486	486	7 commission.
487	487	8 Chapter 4. Executive Director
488	488	9 Sec. 1. The commission shall employ an executive director to aid
489	489	10 the commission in the efficient administration of its powers and
490	490	11 duties.
491	491	12 Sec. 2. The executive director's compensation shall be approved
492	492	13 annually by the commission.
493	493	14 Sec. 3. The commission may by resolution assign to the executive
494	494	15 director any duty imposed upon the commission by this article.
495	495	16 Sec. 4. The executive director shall perform the duties assigned
496	496	17 to the executive director by the commission. The executive director
497	497	18 may exercise any power conferred upon the commission by this
498	498	19 article that is consistent with the duties assigned to the executive
499	499	20 director under this chapter.
500	500	21 Sec. 5. In addition to any salary paid under this chapter, the
501	501	22 executive director is entitled to reimbursement for traveling
502	502	23 expenses and other expenses actually incurred in connection with
503	503	24 the executive director's duties, as provided in the state travel
504	504	25 policies and procedures established by the department of
505	505	26 administration and approved by the budget agency.
506	506	27 Chapter 5. Enforcement Officers
507	507	28 Sec. 1. The commission may employ a superintendent of the
508	508	29 enforcement officers and qualified individuals to serve as
509	509	30 enforcement officers of the commission.
510	510	31 Sec. 2. The superintendent of the enforcement officers must
511	511	32 have had at least ten (10) years experience as an active law
512	512	33 enforcement officer, at least five (5) years of which must have been
513	513	34 in a management capacity.
514	514	35 Sec. 3. An enforcement officer who has completed the required
515	515	36 training at the Indiana law enforcement academy is vested with full
516	516	37 police powers and duties to enforce:
517	517	38 (1) the provisions of this article; and
518	518	39 (2) any other Indiana law relating to cannabis and cannabis
519	519	40 products.
520	520	41 Sec. 4. An enforcement officer may issue a summons for
521	521	42 infraction or misdemeanor violations if the defendant promises to
522	522	2023 IN 1248—LS 6986/DI 106 13
523	523	1 appear by signing the summons. A defendant who fails to appear
524	524	2 is subject to the penalties provided by IC 35-44.1-2-10. Upon
525	525	3 failure to appear, the court shall issue a warrant for the arrest of
526	526	4 the defendant.
527	527	5 Sec. 5. An enforcement officer may act as an officer for the
528	528	6 arrest of offenders against Indiana law if the enforcement officer
529	529	7 reasonably believes that a crime is or is about to be committed or
530	530	8 attempted in the enforcement officer's presence.
531	531	9 Sec. 6. Each enforcement officer shall execute a surety bond in
532	532	10 the amount of one thousand dollars ($1,000), with surety approved
533	533	11 by the commission, and an oath of office, both of which shall be
534	534	12 filed with the executive secretary of the commission.
535	535	13 Sec. 7. An eligible enforcement officer who retires with at least
536	536	14 twenty (20) years of service as an enforcement officer may retain
537	537	15 the officer's service weapon. The officer is entitled to receive, in
538	538	16 recognition of the officer's service to the commission and to the
539	539	17 public, a badge that indicates that the officer is retired. The
540	540	18 commission shall issue the officer who is retiring an identification
541	541	19 card stating the officer's name and rank, signifying that the officer
542	542	20 is retired, and noting the officer's authority to retain the service
543	543	21 weapon.
544	544	22 Sec. 8. (a) The commission has the power to employ and remove
545	545	23 at will all necessary employees, and to fix their duties, authority,
546	546	24 and, with proper approval, their compensation.
547	547	25 (b) The commission shall employee at least one (1) enforcement
548	548	26 officer with police powers for every six (6) permits issued.
549	549	27 Sec. 9. The superintendent of the enforcement officers may
550	550	28 discharge a nonprobationary enforcement officer for just cause.
551	551	29 The commission shall adopt rules to establish a probationary
552	552	30 period and a procedure for the adjudication of the propriety of the
553	553	31 discharge of a nonprobationary enforcement officer.
554	554	32 Sec. 10. (a) The commission shall categorize salaries of
555	555	33 enforcement officers within each rank based upon the rank held
556	556	34 and the number of years of service in the commission through the
557	557	35 twentieth year. The salary ranges that the commission assigns to
558	558	36 each rank shall be divided into a base salary and twenty (20)
559	559	37 increments above the base salary with:
560	560	38 (1) the base salary in the rank paid to a person with less than
561	561	39 one (1) year of service in the commission; and
562	562	40 (2) the highest salary in the rank paid to a person with at least
563	563	41 twenty (20) years of service in the commission.
564	564	42 (b) The salary matrix prescribed by this section shall be
565	565	2023 IN 1248—LS 6986/DI 106 14
566	566	1 reviewed and approved by the budget agency before
567	567	2 implementation.
568	568	3 (c) The salary matrix prescribed by this section must have
569	569	4 parity with the salary matrix prescribed by the natural resources
570	570	5 commission under IC 14-9-8 for conservation officers of the
571	571	6 department of natural resources. The budget agency shall approve
572	572	7 a salary matrix that meets the parity requirement of this
573	573	8 subsection.
574	574	9 Chapter 6. Duties and Responsibilities of the Commission
575	575	10 Sec. 1. The chairperson is the presiding officer at the meetings
576	576	11 of the commission. The chairperson, together with the executive
577	577	12 director, shall prepare, certify, and authenticate all proceedings,
578	578	13 minutes, records, and rules of the commission. The chairperson or
579	579	14 the chairperson's designee also shall perform all other duties as
580	580	15 imposed by this article.
581	581	16 Sec. 2. The commission has the power to organize its work and
582	582	17 carry on the functions of the commission and to enforce and
583	583	18 administer the provisions of this article and the rules of the
584	584	19 commission.
585	585	20 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
586	586	21 power to prescribe the forms for all applications, permits, licenses,
587	587	22 certificates, and other documents and records used in the
588	588	23 administration of this article.
589	589	24 Sec. 4. The commission has the power to:
590	590	25 (1) hold hearings before the commission or its representative;
591	591	26 (2) take testimony and receive evidence;
592	592	27 (3) conduct inquiries with or without hearings;
593	593	28 (4) receive reports of investigators or other governmental
594	594	29 officers and employees;
595	595	30 (5) administer oaths;
596	596	31 (6) subpoena witnesses and compel them to appear and
597	597	32 testify;
598	598	33 (7) issue and enforce subpoenas duces tecum;
599	599	34 (8) take or institute proceedings to enforce subpoenas and the
600	600	35 rules, orders, or requirements of the commission or its
601	601	36 representative;
602	602	37 (9) fix the compensation paid to witnesses appearing before
603	603	38 the commission;
604	604	39 (10) establish and use the seal of the commission;
605	605	40 (11) certify copies of records of the commission or any other
606	606	41 document or record on file with the commission;
607	607	42 (12) fix the form, mode, manner, time, and number of times
608	608	2023 IN 1248—LS 6986/DI 106 15
609	609	1 for the posting or publication of any required notices if not
610	610	2 otherwise provided in this article;
611	611	3 (13) issue letters of extension as authorized by this article; and
612	612	4 (14) hold permits on deposit as authorized by this article.
613	613	5 Sec. 5. (a) The commission shall prepare a quarterly report that
614	614	6 describes the violations by permittees subject to an enforcement
615	615	7 action under this article. Beginning in January 2024, the
616	616	8 commission shall issue the quarterly reports on or before the
617	617	9 fifteenth day of:
618	618	10 (1) January, concerning violations committed during the
619	619	11 preceding quarter consisting of the months of October
620	620	12 through December;
621	621	13 (2) April, concerning violations committed during the
622	622	14 preceding quarter consisting of the months of January
623	623	15 through March;
624	624	16 (3) July, concerning violations committed during the
625	625	17 preceding quarter consisting of the months of April through
626	626	18 June; and
627	627	19 (4) October, concerning violations committed during the
628	628	20 preceding quarter consisting of the months of July through
629	629	21 September.
630	630	22 (b) The commission's quarterly report must provide
631	631	23 noncompliance violations by:
632	632	24 (1) business listing;
633	633	25 (2) permit type; and
634	634	26 (3) county.
635	635	27 (c) The commission shall post the quarterly reports on the
636	636	28 commission's website. The commission shall:
637	637	29 (1) prepare a report annually that compiles the violations for
638	638	30 the preceding calendar year; and
639	639	31 (2) provide the report to the legislative council not later than
640	640	32 February 1 of each year in an electronic format under
641	641	33 IC 5-14-6.
642	642	34 Sec. 6. The commission has the authority to petition the circuit
643	643	35 or superior court of the county in which the hearing or
644	644	36 investigation is being held to compel obedience to the lawful
645	645	37 requirements of its subpoena under this chapter.
646	646	38 Sec. 7. The commission is responsible for the enforcement and
647	647	39 administration of this article.
648	648	40 Sec. 8. The commission shall adopt rules in accordance with
649	649	41 IC 4-22-2 to implement and administer this article.
650	650	42 Sec. 9. The commission has the power to adopt rules governing
651	651	2023 IN 1248—LS 6986/DI 106 16
652	652	1 the following:
653	653	2 (1) The conduct of the meetings and business of the
654	654	3 commission.
655	655	4 (2) The conduct of hearings before any of the commission's
656	656	5 representatives.
657	657	6 (3) The conduct of the business of a permittee authorized or
658	658	7 governed by the provisions of this article.
659	659	8 (4) The enforcement of the provisions of this article and of the
660	660	9 rules of the commission.
661	661	10 (5) The standards of purity and methods of processing used in
662	662	11 the production of cannabis and cannabis products.
663	663	12 (6) The prevention of misbranding or adulteration of cannabis
664	664	13 and cannabis products.
665	665	14 (7) The prevention of fraud, evasion, trickery, or deceit in the
666	666	15 processing, labeling, advertisement, transportation, or sale of
667	667	16 cannabis or cannabis products, or the evasion of other
668	668	17 Indiana law relating to cannabis or cannabis products.
669	669	18 Chapter 7. Regulation of Permits and Permittees
670	670	19 Sec. 1. The commission has the discretionary authority to issue,
671	671	20 deny, suspend, revoke, or not renew all permits and certificates
672	672	21 authorized by this article, unless the exercise of discretion or
673	673	22 authority is limited by applicable provisions of this article.
674	674	23 Sec. 2. (a) The commission shall prepare and maintain, available
675	675	24 for public inspection, a registry of all permits issued by the
676	676	25 commission, categorized by type of permit and by the type of
677	677	26 establishment to which the permit is issued. The registry of permits
678	678	27 must:
679	679	28 (1) be subdivided on a county by county basis, and further
680	680	29 subdivided by city, town, and unincorporated area;
681	681	30 (2) contain the number of permits authorized by the quota,
682	682	31 and the number of permits currently issued;
683	683	32 (3) contain the name of the owner of the permit, the address
684	684	33 of the permitted premises, the assumed business name under
685	685	34 which the business is conducted, and, if a corporation, the
686	686	35 names of the president and secretary; and
687	687	36 (4) be made current annually, to indicate by specific notation
688	688	37 any new permits that were issued or any existing permits that
689	689	38 were transferred in any manner within the prior year.
690	690	39 (b) The registry of permits is a public record.
691	691	40 Sec. 3. The commission has the power to investigate applicants
692	692	41 and permittees, and any violation of a provision of this article and
693	693	42 of the rules of the commission, and to report its findings to the
694	694	2023 IN 1248—LS 6986/DI 106 17
695	695	1 prosecuting attorney or the grand jury of the county in which the
696	696	2 violation occurred, or to the attorney general.
697	697	3 Sec. 4. The commission has the power to prohibit the sale,
698	698	4 transportation, or movement of cannabis when, in the judgment of
699	699	5 the commission, it is necessary during a time of public emergency,
700	700	6 civil disturbance, riot, or epidemic. The prohibition may be
701	701	7 imposed without prior notice or advertisement and may be
702	702	8 continued in force as long as the need continues.
703	703	9 Sec. 5. (a) The commission has the power to examine, inspect,
704	704	10 and search a permitted premises or a vehicle where cannabis or
705	705	11 cannabis products are kept, processed, or sold.
706	706	12 (b) The commission has the power to seize cannabis or cannabis
707	707	13 products, or any other personal property when the seizure is lawful
708	708	14 under the provisions of this article.
709	709	15 Sec. 6. The commission has the power to prevent a part of the
710	710	16 premises connected with, or in any way used in connection with, a
711	711	17 permitted premises, from being used as a subterfuge or means of
712	712	18 evading the provisions of this article or of the rules of the
713	713	19 commission.
714	714	20 Sec. 7. The commission has the power to set standards of
715	715	21 cleanliness and sanitation for a permitted premises and for the
716	716	22 apparatus, equipment, utensils, accessories, articles, and fixtures
717	717	23 used or employed in the permitted premises.
718	718	24 Sec. 8. The commission has the power to require the destruction
719	719	25 or removal of cases, containers, apparatus, or devices, used or
720	720	26 likely to be used, in evading, violating, or preventing the
721	721	27 enforcement of the provisions of this article or of the rules of the
722	722	28 commission.
723	723	29 Sec. 9. (a) The commission has the power to regulate and
724	724	30 prohibit advertising, signs, displays, posters, and designs intended
725	725	31 to advertise cannabis, a cannabis product, or the place where
726	726	32 cannabis or cannabis products are sold.
727	727	33 (b) The commission may not exercise the prohibition power
728	728	34 contained in subsection (a) as to any advertisement broadcast over
729	729	35 licensed radio and television stations.
730	730	36 (c) All advertisements relating to cannabis or cannabis products
731	731	37 must conform to the rules of the commission.
732	732	38 (d) The commission shall not exercise the prohibition power
733	733	39 contained in subsection (a) as to advertising in the official program
734	734	40 of the Indianapolis 500 Race.
735	735	41 (e) Notwithstanding any other law, the commission may not
736	736	42 prohibit the use of an illuminated sign advertising cannabis or
737	737	2023 IN 1248—LS 6986/DI 106 18
738	738	1 cannabis products by brand name that is displayed within the
739	739	2 interior or on the exterior of the premises covered by the permit,
740	740	3 regardless of whether the sign is illuminated constantly or
741	741	4 intermittently.
742	742	5 (f) The commission may not prohibit the advertisement of:
743	743	6 (1) cannabis or cannabis products; or
744	744	7 (2) a place where cannabis or cannabis products may be
745	745	8 obtained;
746	746	9 in a program, scorecard, handbill, throw-away newspaper, or
747	747	10 menu. However, advertisements described in this subsection must
748	748	11 conform to the rules of the commission.
749	749	12 (g) Cannabis or cannabis products must be marketed or
750	750	13 advertised as "cannabis" for use only by persons at least
751	751	14 twenty-one (21) years of age.
752	752	15 (h) Cannabis or cannabis products may not be marketed or
753	753	16 advertised to persons less than twenty-one (21) years of age. The
754	754	17 commission shall determine whether a sponsorship is marketed or
755	755	18 advertised to a person less than twenty-one (21) years of age.
756	756	19 (i) Cannabis or cannabis products may not be advertised on any
757	757	20 television program, radio program, website, or print publication
758	758	21 unless there is reliable evidence that seventy percent (70%) of the
759	759	22 audience is reasonably expected to be at least twenty-one (21) years
760	760	23 of age.
761	761	24 (j) Any cannabis or cannabis products advertised must bear a
762	762	25 warning label stating the following:
763	763	26 "For use by adults only. Keep out of reach of children. It is
764	764	27 illegal to drive a motor vehicle while under the influence of
765	765	28 cannabis. National Poison Control Center 1-800-222-1222.".
766	766	29 Sec. 10. (a) As used in this section, "facility" includes the
767	767	30 following:
768	768	31 (1) A facility permitted under this article.
769	769	32 (2) A tract that contains a premises permitted under this
770	770	33 article.
771	771	34 (b) As used in this section, "tract" has the meaning set forth in
772	772	35 IC 6-1.1-1-22.5.
773	773	36 (c) A facility may advertise cannabis or cannabis products:
774	774	37 (1) in the facility's interior; or
775	775	38 (2) on the facility's exterior.
776	776	39 (d) The commission may not exercise the prohibition power
777	777	40 contained in this chapter on advertising by a permittee in or on a
778	778	41 facility.
779	779	42 (e) A facility may provide advertising to a permittee in exchange
780	780	2023 IN 1248—LS 6986/DI 106 19
781	781	1 for compensation from that permittee.
782	782	2 Sec. 11. The commission has the power to require the
783	783	3 registration of all brands, formulas, analyses, and labels used or
784	784	4 proposed to be used in selling or advertising cannabis or cannabis
785	785	5 products. The commission does not have the power to require the
786	786	6 disclosure of formulas that are verified trade secrets.
787	787	7 Sec. 12. The commission has the power to regulate the modes
788	788	8 and methods of dealing in, and the transportation of, cannabis and
789	789	9 cannabis products.
790	790	10 Sec. 13. The commission has the power to:
791	791	11 (1) prescribe the manner and methods by which all records
792	792	12 relating to cannabis or cannabis products are kept and
793	793	13 preserved;
794	794	14 (2) inspect all records relating to cannabis or cannabis
795	795	15 products; and
796	796	16 (3) require true copies of any record to be made and furnished
797	797	17 to the commission.
798	798	18 Sec. 14. The commission may require that, before the
799	799	19 transportation of cannabis or cannabis products into Indiana by an
800	800	20 authorized permittee, the permittee shall submit written, verified
801	801	21 information concerning the proposed transportation and execute
802	802	22 and file any documents required. The commission has the power to
803	803	23 inspect the shipments in transit and the vehicle used in the
804	804	24 transportation.
805	805	25 Sec. 15. The commission, unless otherwise specifically
806	806	26 prohibited, may delegate the powers and duties conferred on it in
807	807	27 this article to responsible employees of the commission. However,
808	808	28 the commission bears ultimate responsibility.
809	809	29 Sec. 16. The members of the commission and their officers and
810	810	30 employees are immune from civil liability for an act or omission
811	811	31 done under the authority, or the color of authority, conferred by
812	812	32 this article or by a rule or order of the commission, unless the act
813	813	33 or omission constitutes gross negligence or willful or wanton
814	814	34 misconduct.
815	815	35 Sec. 17. The commission and the chairperson have, in addition
816	816	36 to the express powers enumerated in this article, the authority to
817	817	37 exercise all powers necessary and proper to carry out the policies
818	818	38 of this article and to promote efficient administration by the
819	819	39 commission.
820	820	40 Chapter 8. Searches and Seizures
821	821	41 Sec. 1. A circuit or superior court may issue a warrant to search
822	822	42 a house or other place for cannabis, cannabis products, or another
823	823	2023 IN 1248—LS 6986/DI 106 20
824	824	1 article that is being possessed, kept, sold, bartered, given away,
825	825	2 used, or transported in violation of this article.
826	826	3 Sec. 2. The warrant shall be directed to the officer, agent, or
827	827	4 employee of the commission who filed the affidavit for the warrant
828	828	5 and otherwise it shall be directed to any officer who has the power
829	829	6 to serve criminal process. The warrant shall be served by the
830	830	7 person to whom it was issued in the daytime or nighttime and the
831	831	8 return made within twenty (20) days from the date of issue.
832	832	9 Sec. 3. The officer who serves the warrant shall seize any article
833	833	10 described in the warrant and any other article found during the
834	834	11 search that is used in the violation of a provision of this article and
835	835	12 hold in the same manner as other items seized pursuant to a search
836	836	13 warrant are held.
837	837	14 Sec. 4. A person has no property right of any kind in:
838	838	15 (1) cannabis or a cannabis product possessed contrary to law;
839	839	16 (2) a receptacle or container holding cannabis or a cannabis
840	840	17 product possessed contrary to law;
841	841	18 (3) an unlawful or prohibited receptacle or container; or
842	842	19 (4) a receptacle or container that violates a rule of the
843	843	20 commission or that is being used in a manner that violates a
844	844	21 rule of the commission.
845	845	22 Sec. 5. Testimony concerning the appearance, taste, or odor of
846	846	23 cannabis or a cannabis product is admissible as evidence in a
847	847	24 criminal prosecution or in a proceeding before the commission.
848	848	25 Sec. 6. An unbroken cannabis container with a label altered so
849	849	26 that it does not describe the cannabis accurately is admissible as
850	850	27 evidence in a court.
851	851	28 Sec. 7. The court shall receive oral testimony upon a matter
852	852	29 referred to in this chapter for the purpose of showing a violation of
853	853	30 this article whether the container is offered in evidence or not.
854	854	31 Sec. 8. (a) If a substance is removed or destroyed before it is
855	855	32 able to be seized under this chapter, the trier of fact may infer that
856	856	33 the substance was cannabis or a cannabis product possessed in
857	857	34 violation of this article.
858	858	35 (b) Proof of the possession of an empty container permits a trier
859	859	36 of fact to infer that the person who possessed the container
860	860	37 possessed cannabis.
861	861	38 Chapter 9. Public Nuisances
862	862	39 Sec. 1. The following are declared to be a public nuisance:
863	863	40 (1) A premises, vehicle, or place of any kind where at least one
864	864	41 (1) of the following occurs:
865	865	42 (A) Cannabis or a cannabis product of any type is
866	866	2023 IN 1248—LS 6986/DI 106 21
867	867	1 possessed in violation of Indiana law or a rule of the
868	868	2 commission.
869	869	3 (B) A person is permitted to use the premises, vehicle, or
870	870	4 place for the purpose of consuming cannabis or cannabis
871	871	5 products in violation of Indiana law or a rule of the
872	872	6 commission.
873	873	7 (2) A place where cannabis or cannabis products are kept for
874	874	8 delivery in violation of Indiana law or in violation of a rule of
875	875	9 the commission.
876	876	10 (3) The business property of a person who knowingly or
877	877	11 intentionally possesses cannabis or cannabis products in
878	878	12 violation of Indiana law or a rule of the commission.
879	879	13 Sec. 2. The plaintiff in an action to abate a public nuisance
880	880	14 under this chapter must prove that the owner of the business had
881	881	15 actual knowledge of the actions alleged to constitute a nuisance.
882	882	16 Sec. 3. In determining whether an owner should be held liable
883	883	17 for failing to abate a public nuisance under this chapter, the court
884	884	18 shall consider the efforts the owner took to abate the public
885	885	19 nuisance, including whether the law enforcement agency that
886	886	20 serves the owner's property was notified by the owner or the
887	887	21 owner's employee of the actions alleged to constitute the public
888	888	22 nuisance.
889	889	23 Sec. 4. If a permittee violates this article on a premises or in a
890	890	24 vehicle where cannabis or a cannabis product is kept, the premises
891	891	25 or vehicle is a public nuisance.
892	892	26 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
893	893	27 and the premises or vehicle where it is kept constitute a public
894	894	28 nuisance.
895	895	29 Sec. 6. (a) The following may bring an action to abate a common
896	896	30 nuisance or a violation of this article:
897	897	31 (1) The commission.
898	898	32 (2) The chairperson of the commission.
899	899	33 (3) The attorney general.
900	900	34 (4) The prosecuting attorney exercising jurisdiction in the
901	901	35 county where the common nuisance or violation occurs.
902	902	36 (5) A permittee.
903	903	37 (6) A resident of the county where the common nuisance or
904	904	38 violation occurs.
905	905	39 (b) The court may grant a temporary restraining order, a
906	906	40 preliminary injunction, a permanent injunction, and any other
907	907	41 relief authorized under Indiana law.
908	908	42 Sec. 7. A prevailing plaintiff in an action brought to abate a
909	909	2023 IN 1248—LS 6986/DI 106 22
910	910	1 nuisance is entitled to, at the discretion of the court:
911	911	2 (1) an order that the premises be closed for a period of one (1)
912	912	3 year; or
913	913	4 (2) an order that the premises be closed for a period of less
914	914	5 than one (1) year and an award of liquidated damages in an
915	915	6 amount of not less than one thousand dollars ($1,000) and not
916	916	7 more than twenty-five thousand dollars ($25,000) to the state
917	917	8 of Indiana.
918	918	9 Sec. 8. An action authorized by this chapter shall be brought in
919	919	10 the name of the state on the relation of the commission. The
920	920	11 commission may be represented by an attorney selected by it, by
921	921	12 the attorney general, or by a deputy or assistant attorney general
922	922	13 assigned by the attorney general for the purpose of instituting or
923	923	14 conducting the action, or by both.
924	924	15 Sec. 9. The remedies authorized by this chapter are cumulative
925	925	16 and nonexclusive. The remedies provided in this article do not
926	926	17 affect the power of the commission to revoke a permit.
927	927	18 Chapter 10. Jurisdiction and Miscellaneous Judicial
928	928	19 Proceedings
929	929	20 Sec. 1. An action brought against the commission, or against the
930	930	21 chairperson as the chairperson, shall be brought in the circuit or
931	931	22 superior court of Marion County unless otherwise specifically
932	932	23 provided in this article.
933	933	24 Sec. 2. The commission may bring an action for declaratory
934	934	25 judgment under IC 34-14-1-1.
935	935	26 Chapter 11. Issuance of Permits Generally
936	936	27 Sec. 1. (a) The commission may issue only the types of permits
937	937	28 authorized by this article subject to the applicable provisions of
938	938	29 this article.
939	939	30 (b) Beginning January 1, 2024, the commission shall accept
940	940	31 applications for cannabis permits.
941	941	32 Sec. 2. A permit:
942	942	33 (1) is a revocable privilege granted by the state; and
943	943	34 (2) is not a property right.
944	944	35 Sec. 3. The commission may issue a permit under this article
945	945	36 only to:
946	946	37 (1) an individual;
947	947	38 (2) a partnership;
948	948	39 (3) a limited liability company; or
949	949	40 (4) a corporation organized and existing under Indiana law.
950	950	41 Sec. 4. The following definitions apply throughout this chapter:
951	951	42 (1) "Minority" means a person identified as:
952	952	2023 IN 1248—LS 6986/DI 106 23
953	953	1 (A) Black;
954	954	2 (B) Native American;
955	955	3 (C) Asian American; or
956	956	4 (D) Hispanic.
957	957	5 (2) "Owned and controlled" means:
958	958	6 (A) ownership of at least fifty-one percent (51%) of the
959	959	7 enterprise, including corporate stock of a corporation;
960	960	8 (B) control over the management and being active in the
961	961	9 day to day operations of the business; and
962	962	10 (C) an interest in the capital, assets, and profits and losses
963	963	11 of the business proportionate to the percentage of
964	964	12 ownership.
965	965	13 (3) "Veteran" means an individual who:
966	966	14 (A) has previously:
967	967	15 (i) served on active duty in any branch of the armed
968	968	16 forces of the United States or their reserves, or in the
969	969	17 national guard; and
970	970	18 (ii) received an honorable discharge from service; or
971	971	19 (B) is currently serving in:
972	972	20 (i) any branch of the armed forces of the United States or
973	973	21 their reserves; or
974	974	22 (ii) the national guard.
975	975	23 Sec. 5. (a) Except as provided in subsection (b), the commission
976	976	24 shall issue not less than fifteen percent (15%) of allowable permits
977	977	25 under this article to businesses owned and controlled by one (1) or
978	978	26 more:
979	979	27 (1) minorities; or
980	980	28 (2) veterans.
981	981	29 (b) If an insufficient number of qualifying applications are by a
982	982	30 person described in subsection (a), the commission shall issue
983	983	31 permits in the usual way.
984	984	32 Sec. 6. (a) Except as otherwise provided in this article, a permit
985	985	33 issued by the commission is valid for one (1) calendar year,
986	986	34 including the day upon which it is granted. At the end of the one (1)
987	987	35 year period, the permit expires and is void.
988	988	36 (b) The commission shall timely process a permittee's
989	989	37 application for renewal of a permit unless the permittee receives a
990	990	38 notice of a violation from the office of the prosecutor.
991	991	39 (c) The commission may timely process an application for
992	992	40 renewal of a permit filed by a permittee that receives notice of a
993	993	41 violation as described in subsection (f) if the chairperson or the
994	994	42 chairperson's designee authorizes the application for renewal of
995	995	2023 IN 1248—LS 6986/DI 106 24
996	996	1 the permit to be timely processed.
997	997	2 (d) A permittee may file an application for renewal of a permit
998	998	3 not later than thirty (30) days after the date the permit expires.
999	999	4 (e) If a permittee does not file an application for renewal of a
1000	1000	5 permit within the time provided in subsection (d), the permit
1001	1001	6 reverts to the commission. At least thirty (30) days before the date
1002	1002	7 that a permit reverts to the commission, the commission shall
1003	1003	8 provide written notice to the permittee informing the permittee of
1004	1004	9 the date that the permittee's permit will revert to the commission.
1005	1005	10 (f) The chairperson or the chairperson's designee may allow the
1006	1006	11 permittee to renew the permit after the date the permit expires
1007	1007	12 only if the permittee provides evidence that the permittee is
1008	1008	13 engaged in an administrative or court proceeding that prevents the
1009	1009	14 permittee from renewing the permit.
1010	1010	15 (g) A permit is effective upon the final approval of the
1011	1011	16 commission. Upon final approval of a permit, and upon the request
1012	1012	17 of the permittee, the commission shall provide the permittee with
1013	1013	18 a letter of authority to operate. The letter of authority to operate
1014	1014	19 constitutes authorization for the permittee to perform the actions
1015	1015	20 allowed under the permit until the date the permittee receives the
1016	1016	21 permit issued by the commission.
1017	1017	22 Sec. 7. (a) The chairperson or the chairperson's designee may
1018	1018	23 issue an original letter of extension extending the term of a permit
1019	1019	24 for a maximum period of ninety (90) days for good cause shown
1020	1020	25 upon the written request of the permittee and payment of the fee,
1021	1021	26 if required.
1022	1022	27 (b) Upon the expiration of an original letter of extension, or any
1023	1023	28 renewal thereof, if good cause still exists, subsequent renewals of
1024	1024	29 the extension may be granted to the permittee only upon the
1025	1025	30 affirmative vote of a majority of the members of the commission.
1026	1026	31 Sec. 8. The commission shall issue a permit authorized by this
1027	1027	32 article only upon proper application. The application shall be in
1028	1028	33 writing, and verified, upon forms prescribed and furnished by the
1029	1029	34 commission. The application shall contain the terms and
1030	1030	35 information required by this article or by the rules of the
1031	1031	36 commission. The appropriate surety bond, if required, must be
1032	1032	37 submitted with the application.
1033	1033	38 Sec. 9. An application for a permit shall contain the express
1034	1034	39 statement of the applicant that, if a permit is issued to the
1035	1035	40 applicant, the applicant consents for the duration of the permit
1036	1036	41 term to the entrance, inspection, and search by an enforcement
1037	1037	42 officer, without a warrant or other process, of the applicant's
1038	1038	2023 IN 1248—LS 6986/DI 106 25
1039	1039	1 permitted premises and vehicles to determine whether the
1040	1040	2 applicant is complying with the provisions of this article. The
1041	1041	3 consent required by this section is renewed and continued by the
1042	1042	4 retention of a permit or its use by a permittee.
1043	1043	5 Sec. 10. An application for a permit to sell cannabis or cannabis
1044	1044	6 products of any kind, and the required publication of notice, must
1045	1045	7 disclose the name of the applicant and the specific property
1046	1046	8 address where the cannabis or cannabis products are to be sold,
1047	1047	9 and any assumed business name under which the business will be
1048	1048	10 conducted. The application and notice also must disclose:
1049	1049	11 (1) the names of the executive officers of the corporation,
1050	1050	12 company, or other entity responsible to the public for the sale
1051	1051	13 of cannabis or the cannabis product; and
1052	1052	14 (2) the website where a member of the public may access the
1053	1053	15 information in subdivision (1).
1054	1054	16 Sec. 11. An applicant must have a vested legal interest in the
1055	1055	17 property address listed on the permit application.
1056	1056	18 Sec. 12. (a) As used in this section, "immediate family member"
1057	1057	19 means a spouse, parent, child, sibling, father-in-law, or
1058	1058	20 mother-in-law.
1059	1059	21 (b) The commission may not issue a permit under this chapter
1060	1060	22 to an individual who is an immediate family member of a current
1061	1061	23 permittee.
1062	1062	24 Sec. 13. (a) On receipt of a completed permit application under
1063	1063	25 this chapter, the commission shall forward a copy of the
1064	1064	26 application to the state police department.
1065	1065	27 (b) The state police department shall perform a national
1066	1066	28 criminal history background check of the applicant and return the
1067	1067	29 application to the commission along with the results from the
1068	1068	30 national criminal history background check. The commission is
1069	1069	31 responsible for the cost of the national criminal history
1070	1070	32 background check.
1071	1071	33 (c) The commission shall review the permit application after
1072	1072	34 receipt of the results from the state police department. The
1073	1073	35 commission shall grant or deny a completed application for a
1074	1074	36 permit within sixty (60) days after receipt of the application. If the
1075	1075	37 commission determines that:
1076	1076	38 (1) all the requirements under this article have been met; and
1077	1077	39 (2) the applicant has not been convicted within ten (10) years
1078	1078	40 before the date of application of:
1079	1079	41 (A) a federal crime having a sentence of more than one (1)
1080	1080	42 year;
1081	1081	2023 IN 1248—LS 6986/DI 106 26
1082	1082	1 (B) a Class A, Class B, or Class C felony (for a crime
1083	1083	2 committed before July 1, 2014) or a Level 1, Level 2, Level
1084	1084	3 3, Level 4, or Level 5 felony (for a crime committed after
1085	1085	4 June 30, 2014); or
1086	1086	5 (C) a crime in another state that is substantially similar to
1087	1087	6 a crime described in clause (B);
1088	1088	7 the commission shall approve the application for issuance of
1089	1089	8 the permit.
1090	1090	9 (d) The commission may deny a permit application if it finds
1091	1091	10 that the applicant has been adjudicated against in a civil
1092	1092	11 proceeding regarding the cannabis or hemp industry.
1093	1093	12 (e) If the completed application for a permit is denied, the
1094	1094	13 commission must state the reasons for the denial. If a completed
1095	1095	14 application is denied under this section, the applicant may reapply
1096	1096	15 within thirty (30) days after the date of the denial. There is no
1097	1097	16 application fee for a reapplication under this subsection.
1098	1098	17 (f) A permit issued under this chapter expires one (1) year after
1099	1099	18 the date on which the permit was issued, unless revoked.
1100	1100	19 Sec. 14. An applicant for a permit issued pursuant to this article
1101	1101	20 shall file with the commission a surety bond in the sum of fifteen
1102	1102	21 thousand dollars ($15,000).
1103	1103	22 Sec. 15. (a) The required surety bond of an applicant must be
1104	1104	23 approved by the commission. The bond must be made payable to
1105	1105	24 the state and may be forfeited if the applicant:
1106	1106	25 (1) violates a provision of this article or a rule of the
1107	1107	26 commission that relates to the permit; or
1108	1108	27 (2) fails to pay all taxes and fees imposed by this article on the
1109	1109	28 activities authorized under the permit.
1110	1110	29 (b) A permittee shall keep the bond in full force and effect
1111	1111	30 continuously in order to keep the permit in force.
1112	1112	31 Sec. 16. (a) Except as provided in subsection (b), the commission
1113	1113	32 may recover not more than two hundred fifty dollars ($250) in any
1114	1114	33 one (1) action on a permittee's surety bond for the violation of a
1115	1115	34 rule of the commission. Except as provided in subsection (b), the
1116	1116	35 commission may recover not more than five hundred dollars ($500)
1117	1117	36 in any one (1) action on the surety bond for the violation of a
1118	1118	37 provision of this article. All violations committed before the
1119	1119	38 commission brings an action on the bond are considered one (1)
1120	1120	39 violation. Funds recovered on a bond shall be deposited in the
1121	1121	40 cannabis regulation fund established by IC 7.1-8-2-10.
1122	1122	41 (b) The state may recover the full amount of all taxes and fees
1123	1123	42 due and owed by the permittee under this article in a single action
1124	1124	2023 IN 1248—LS 6986/DI 106 27
1125	1125	1 on the bond. No person may bring an action on the bond except the
1126	1126	2 commission. Funds recovered under this section shall be deposited
1127	1127	3 in the state general fund.
1128	1128	4 Sec. 17. The commission shall ensure that a surety bond filed
1129	1129	5 under this article is securely stored. The commission may not
1130	1130	6 approve a surety bond unless the surety company is solvent and
1131	1131	7 qualified to do business in Indiana. The commission, before
1132	1132	8 approving a surety bond, shall require the commissioner of the
1133	1133	9 department of insurance to furnish to the commission copies of
1134	1134	10 reports of the surety company and other information concerning
1135	1135	11 the reserves and reliability of the company.
1136	1136	12 Sec. 18. Cash or bonds of the United States, or both, may be
1137	1137	13 tendered to the commission instead of a surety bond required by
1138	1138	14 the provisions of this article if it is tendered on the same terms and
1139	1139	15 conditions as a surety bond.
1140	1140	16 Sec. 19. A surety may not cancel or annul a surety bond filed in
1141	1141	17 accordance with the provisions of this article after it has been
1142	1142	18 approved by the commission. However, a surety, with the consent
1143	1143	19 of the commission, may cancel a bond and be released from
1144	1144	20 liability accruing after the effective date of the cancellation. The
1145	1145	21 commission may not approve a cancellation until the surety has
1146	1146	22 paid and discharged in full its liability to the state on the bond to
1147	1147	23 the date of the approval of the cancellation.
1148	1148	24 Sec. 20. (a) As used in this section, "credit card" means a:
1149	1149	25 (1) credit card;
1150	1150	26 (2) debit card;
1151	1151	27 (3) charge card; or
1152	1152	28 (4) stored value card.
1153	1153	29 (b) The commission shall accept a payment to the commission
1154	1154	30 for any purpose by any of the following financial instruments:
1155	1155	31 (1) Cash.
1156	1156	32 (2) Certified check.
1157	1157	33 (3) Cashier's check.
1158	1158	34 (4) Check drawn on the bank deposit of a business.
1159	1159	35 (5) Valid postal money order of the United States.
1160	1160	36 (6) Bank draft.
1161	1161	37 (7) Money order.
1162	1162	38 (8) Bank card or credit card.
1163	1163	39 (9) Electronic funds transfer.
1164	1164	40 (10) Any other financial instrument authorized by the
1165	1165	41 commission.
1166	1166	42 (c) If there is a charge to the commission for the use of a
1167	1167	2023 IN 1248—LS 6986/DI 106 28
1168	1168	1 financial instrument, the commission may collect a sum equal to
1169	1169	2 the amount of the charge from the person who uses the financial
1170	1170	3 instrument.
1171	1171	4 (d) A procedure authorized for a particular type of payment
1172	1172	5 must be uniformly applied to all payments of the same type.
1173	1173	6 (e) The commission may contract with a bank card or credit
1174	1174	7 card vendor for acceptance of bank cards or credit cards.
1175	1175	8 However, if there is a vendor transaction charge or discount fee,
1176	1176	9 whether billed to the commission or charged directly to the
1177	1177	10 commission's account, the commission may collect from the person
1178	1178	11 using the card:
1179	1179	12 (1) an official fee that may not exceed the transaction charge
1180	1180	13 or discount fee charged to the commission by bank or credit
1181	1181	14 card vendors; or
1182	1182	15 (2) a reasonable convenience fee:
1183	1183	16 (A) that may not exceed three dollars ($3); and
1184	1184	17 (B) that must be uniform regardless of the bank card or
1185	1185	18 credit card used.
1186	1186	19 The fees described in subdivisions (1) and (2) may be collected
1187	1187	20 regardless of retail merchant agreements between the bank and
1188	1188	21 credit card vendors that may prohibit such fees. These fees are
1189	1189	22 permitted additional charges under IC 24-4.5-3-202.
1190	1190	23 (f) The commission may pay any applicable bank card or credit
1191	1191	24 card service charge associated with the use of a bank card or credit
1192	1192	25 card under this section.
1193	1193	26 Sec. 21. (a) Except as provided in subsection (d), if publication
1194	1194	27 of notice of application for a permit is required under this article,
1195	1195	28 the publication shall be made in one (1) newspaper of general
1196	1196	29 circulation published in the county where the permit is to be in
1197	1197	30 effect.
1198	1198	31 (b) Publication required under subsection (a) may be made in
1199	1199	32 any newspaper of general circulation published one (1) or more
1200	1200	33 times each week.
1201	1201	34 (c) The rates to be paid for the advertising of a notice required
1202	1202	35 under this article shall be those required to be paid in case of other
1203	1203	36 notices published for or on behalf of the state.
1204	1204	37 (d) If:
1205	1205	38 (1) the commission is unable to procure advertising of a notice
1206	1206	39 as required under subsection (a) at the rates set forth in
1207	1207	40 IC 5-3-1; or
1208	1208	41 (2) the newspaper published in the county as described in
1209	1209	42 subsection (a) refuses to publish the notice;
1210	1210	2023 IN 1248—LS 6986/DI 106 29
1211	1211	1 the commission may, instead of publication in a newspaper as
1212	1212	2 required under subsection (a), post the notice on the commission's
1213	1213	3 website.
1214	1214	4 Sec. 22. Whenever the character of the business in which an
1215	1215	5 applicant is engaged is material to the applicant being issued a
1216	1216	6 permit under this article, or is material to the applicant being
1217	1217	7 qualified to continue to hold the permit, it must be made to appear
1218	1218	8 to the satisfaction of the commission that a substantial portion of
1219	1219	9 the business carried on, or to be carried on, in the premises in
1220	1220	10 respect to which a permit is applied for is in the nature of the
1221	1221	11 applicant's main business function in the premises.
1222	1222	12 Sec. 23. A person to whom a permit has been issued to carry on
1223	1223	13 any of the activities authorized by this article shall, before being
1224	1224	14 fully qualified to do business, post and display, and keep posted
1225	1225	15 and displayed, in the most conspicuous place in the person's
1226	1226	16 permitted premises the person's permit to do business.
1227	1227	17 Sec. 24. A permit issued under this article may not be
1228	1228	18 transferred:
1229	1229	19 (1) from the permit holder to another person; or
1230	1230	20 (2) from the location for which the permit was approved or
1231	1231	21 renewed to another location;
1232	1232	22 unless otherwise authorized in this article or approved by the
1233	1233	23 commission.
1234	1234	24 Sec. 25. (a) As used in this section, "disqualifying event" means
1235	1235	25 an occurrence that would render the planned cannabis permittee
1236	1236	26 location illegal under this article.
1237	1237	27 (b) If a disqualifying event occurs while a permit application is
1238	1238	28 pending before the commission, the applicant may transfer the
1239	1239	29 permit location within six (6) months of the disqualifying event.
1240	1240	30 Sec. 26. If the information required for an initial or renewal
1241	1241	31 permit changes, the permit holder shall notify the commission
1242	1242	32 within ten (10) business days of the change. If any change in the
1243	1243	33 information required for an application results in a violation of this
1244	1244	34 article, the commission may impose a penalty as provided in this
1245	1245	35 article.
1246	1246	36 Sec. 27. (a) A person may simultaneously hold:
1247	1247	37 (1) a grower permit and a processor permit;
1248	1248	38 (2) a grower permit and a retailer permit; or
1249	1249	39 (3) a processor permit and a retailer permit.
1250	1250	40 However, a person may not simultaneously hold a grower permit,
1251	1251	41 a processor permit, or a retailer permit unless the person is an
1252	1252	42 integrated permittee.
1253	1253	2023 IN 1248—LS 6986/DI 106 30
1254	1254	1 (b) A person holding a transport permit may not hold any other
1255	1255	2 type of permit, and a person holding a testing permit may not hold
1256	1256	3 any other type of permit.
1257	1257	4 (c) Except as otherwise provided in this section, an integrated
1258	1258	5 permittee is subject to all the requirements of the laws and
1259	1259	6 regulations governing each permit.
1260	1260	7 (d) The commission shall impose an annual fee of one million
1261	1261	8 dollars ($1,000,000) on an integrated permittee. This fee includes
1262	1262	9 the separate grower, retailer, and processor fees. If the prospective
1263	1263	10 permittee is a veteran or minority owned business under section 5
1264	1264	11 of this chapter, the commission may permit this fee to be paid in
1265	1265	12 installments.
1266	1266	13 (e) The commission may award an integrated processor permit
1267	1267	14 only if the prospective permittee demonstrates that the permittee
1268	1268	15 has a proven capital reserve of at least five million dollars
1269	1269	16 ($5,000,000). If the prospective permittee is a veteran or minority
1270	1270	17 owned business under section 5 of this chapter, the commission
1271	1271	18 may permit alternate capital reserve.
1272	1272	19 (f) An integrated permittee is entitled to:
1273	1273	20 (1) twenty-five (25) retailer permits; and
1274	1274	21 (2) ten (10) grower permits, consisting of:
1275	1275	22 (A) six (6) small grower permits under IC 7.1-8-12-7(a);
1276	1276	23 (B) three (3) medium grower permits under
1277	1277	24 IC 7.1-8-12-7(b); and
1278	1278	25 (C) one (1) large grower permit under IC 7.1-8-12-7(c).
1279	1279	26 However, an integrated permittee is not entitled to a permit if no
1280	1280	27 additional permits of that type are available.
1281	1281	28 (g) An integrated permittee to whom a permit has been issued
1282	1282	29 under this section may deposit that permit with the commission for
1283	1283	30 a period of:
1284	1284	31 (1) two (2) years, in the case of a grower and processor
1285	1285	32 permit; and
1286	1286	33 (2) three (3) years, in the case of a retailer permit;
1287	1287	34 if the permittee is unable to immediately operate the business to
1288	1288	35 which the permit applies.
1289	1289	36 (h) If a permittee is unable to use the permit issued under this
1290	1290	37 article within the period described in subsection (g), the permit is
1291	1291	38 forfeited to the commission, unless the commission finds that a
1292	1292	39 reasonable extension is necessary due to construction delays or fire,
1293	1293	40 flood, tornado, or other natural disasters or acts of God.
1294	1294	41 Chapter 12. Grower Permits
1295	1295	42 Sec. 1. The growth of cannabis is authorized in Indiana. The
1296	1296	2023 IN 1248—LS 6986/DI 106 31
1297	1297	1 growing and handling of cannabis is subject to regulation by the
1298	1298	2 commission. The commission shall adopt rules under IC 4-22-2 to
1299	1299	3 oversee the permitting, production, and management of:
1300	1300	4 (1) cannabis; and
1301	1301	5 (2) cannabis seed.
1302	1302	6 Sec. 2. (a) Except as expressly provided in this article, a
1303	1303	7 cannabis grower may not grow or sell cannabis in Indiana without
1304	1304	8 a permit issued by the commission under this article.
1305	1305	9 (b) Except as otherwise provided in this article, cannabis
1306	1306	10 produced by a grower permittee under this article may be grown
1307	1307	11 and sold in Indiana.
1308	1308	12 (c) A grower issued a permit under this chapter:
1309	1309	13 (1) must grow at least eighty percent (80%) of the cannabis
1310	1310	14 canopy in an indoor grow facility; and
1311	1311	15 (2) may grow not more than twenty percent (20%) of the
1312	1312	16 cannabis canopy outdoors, if:
1313	1313	17 (A) the outdoor grow area is adjacent to the indoor grow
1314	1314	18 facility; and
1315	1315	19 (B) is not:
1316	1316	20 (i) accessible to a member of the general public; or
1317	1317	21 (ii) visible from any street adjacent to the property by a
1318	1318	22 normal person with 20/20 eyesight without the use of any
1319	1319	23 device to assist in improving viewing distance or vantage
1320	1320	24 point.
1321	1321	25 (d) Nothing in this chapter prohibits a grower permittee from:
1322	1322	26 (1) selling cannabis cultivated by the grower to another
1323	1323	27 grower permittee in Indiana;
1324	1324	28 (2) packaging, trimming, and placing cannabis cultivated by
1325	1325	29 the grower in containers for retail sale; or
1326	1326	30 (3) selling and delivering cannabis cultivated by the grower to
1327	1327	31 a person holding a cannabis retailer permit issued under this
1328	1328	32 article.
1329	1329	33 However, a grower may not use a chemical process to extract or
1330	1330	34 transform cannabis.
1331	1331	35 (e) Nothing in this chapter prohibits a grower permittee from
1332	1332	36 exporting cannabis outside Indiana as permitted by federal law.
1333	1333	37 Sec. 3. (a) A grower to whom a permit has been issued under
1334	1334	38 this chapter may deposit that permit with the commission for a
1335	1335	39 period of two (2) years if the permittee is unable to immediately
1336	1336	40 operate the business to which the permit applies.
1337	1337	41 (b) If a permittee is unable to use the permit issued under this
1338	1338	42 article within two (2) years, the permit is forfeited to the
1339	1339	2023 IN 1248—LS 6986/DI 106 32
1340	1340	1 commission, unless the commission finds that a reasonable
1341	1341	2 extension is necessary due to construction delays or fire, flood,
1342	1342	3 tornado, or other natural disasters or acts of God.
1343	1343	4 Sec. 4. (a) As used in this section, "household" means a
1344	1344	5 residential dwelling that is the principal place of residence of a
1345	1345	6 person or a family unit whose members are related by birth,
1346	1346	7 marriage, or adoption and who share a common living
1347	1347	8 arrangement. It does not include any industrial, commercial, or
1348	1348	9 other nonresidential building.
1349	1349	10 (b) An individual may personally cultivate cannabis in Indiana
1350	1350	11 for personal use without a permit.
1351	1351	12 (c) A person may not personally cultivate more than four (4)
1352	1352	13 plants per household at one (1) time.
1353	1353	14 (d) All cannabis personally cultivated under this section must be
1354	1354	15 grown on real property owned by the person or on real property
1355	1355	16 for which the person has the property owner's written permission
1356	1356	17 to personally cultivate cannabis on the property.
1357	1357	18 (e) A person who personally cultivates cannabis may not use
1358	1358	19 extraction equipment or extraction processes if the equipment or
1359	1359	20 process uses butane, propane, carbon dioxide, or any potentially
1360	1360	21 hazardous material in a residential property.
1361	1361	22 Sec. 5. (a) For purposes of this section, "visible" means viewable
1362	1362	23 by a normal person with 20/20 eyesight without the use of any
1363	1363	24 device to assist in improving viewing distance or vantage point.
1364	1364	25 (b) All cannabis personally cultivated under this chapter must
1365	1365	26 be cultivated so that the cannabis is not accessible to a member of
1366	1366	27 the general public. No cannabis may be visible from any street
1367	1367	28 adjacent to the property.
1368	1368	29 (c) In consultation with the state police department, the
1369	1369	30 commission shall adopt rules under IC 4-22-2 governing the
1370	1370	31 security of a cannabis personal cultivation site.
1371	1371	32 (d) Cannabis plants personally cultivated in violation of this
1372	1372	33 section may be seized and destroyed.
1373	1373	34 Sec. 6. In addition to the other requirements of this article, an
1374	1374	35 initial or renewal application for a grower permit must include the
1375	1375	36 following:
1376	1376	37 (1) The global positioning system coordinates and legal
1377	1377	38 description of the property used for the cannabis grow
1378	1378	39 operation.
1379	1379	40 (2) The planned size of the cannabis canopy.
1380	1380	41 (3) A site plan of the proposed grow facility.
1381	1381	42 (4) A nonrefundable application fee.
1382	1382	2023 IN 1248—LS 6986/DI 106 33
1383	1383	1 Sec. 7. (a) For a permittee who grows less than five thousand
1384	1384	2 (5,000) square feet of cannabis canopy, the commission shall
1385	1385	3 impose an annual fee of thirty thousand dollars ($30,000).
1386	1386	4 (b) For a permittee who grows at least five thousand (5,000)
1387	1387	5 square feet of cannabis canopy and less than fifteen thousand
1388	1388	6 (15,000) square feet of cannabis canopy, the commission shall
1389	1389	7 impose an annual fee of one hundred thousand dollars ($100,000).
1390	1390	8 (c) For a permittee who grows at least fifteen thousand (15,000)
1391	1391	9 square feet of cannabis canopy, the commission shall impose an
1392	1392	10 annual fee of two hundred thousand dollars ($200,000).
1393	1393	11 (d) Not more than:
1394	1394	12 (1) twenty-five (25) grower permits may be issued under
1395	1395	13 subsection (a) at one (1) time;
1396	1396	14 (2) fifteen (15) grower permits may be issued under subsection
1397	1397	15 (b) at one (1) time; and
1398	1398	16 (3) four (4) grower permits may be issued under subsection (c)
1399	1399	17 at one (1) time.
1400	1400	18 (e) A permittee, or permittee who is directly or indirectly
1401	1401	19 controlled by another permittee, may not possess more than one (1)
1402	1402	20 grower permit at one (1) time.
1403	1403	21 (f) The fees set forth in this section are due to the commission
1404	1404	22 within thirty (30) days of the date the initial or renewal grower
1405	1405	23 permit is issued, and shall be deposited in the cannabis regulation
1406	1406	24 fund established by IC 7.1-8-2-10.
1407	1407	25 Sec. 8. (a) A grower shall uniquely identify each immature plant
1408	1408	26 batch with a single permanent plant tag and record the
1409	1409	27 information in the statewide monitoring system established under
1410	1410	28 IC 7.1-8-17. Each immature plant batch must consist of not more
1411	1411	29 than one hundred (100) immature plants.
1412	1412	30 (b) A grower shall separate the plants as the plants go through
1413	1413	31 different growth stages and ensure that the plant tag is always
1414	1414	32 identified with the plant throughout the growth span so that all
1415	1415	33 plants can be easily identified and inspected. A grower shall ensure
1416	1416	34 that the identification information is recorded in the statewide
1417	1417	35 monitoring system.
1418	1418	36 (c) After a tagged plant is harvested, it is part of a harvest batch
1419	1419	37 so that a sample of the harvest batch can be tested in accordance
1420	1420	38 with this article. A grower shall quarantine a harvest batch from
1421	1421	39 other plants or batches that have test results pending. A harvest
1422	1422	40 batch must be easily distinguishable from other harvest batches
1423	1423	41 until the batch is broken down into packages.
1424	1424	42 (d) After test results show a passed test and the harvest batch is
1425	1425	2023 IN 1248—LS 6986/DI 106 34
1426	1426	1 packaged, the grower shall destroy the individual plant tags. Each
1427	1427	2 package must have a permanent package tag attached. A grower
1428	1428	3 shall ensure this information is placed in the statewide monitoring
1429	1429	4 system in accordance with this article and rules adopted by the
1430	1430	5 commission.
1431	1431	6 Sec. 9. (a) In addition to any other liability or penalty provided
1432	1432	7 by law, the commission may revoke or refuse to issue or renew a
1433	1433	8 cannabis grower permit and may impose a civil penalty for a
1434	1434	9 violation of:
1435	1435	10 (1) a permit requirement;
1436	1436	11 (2) permit terms or conditions; or
1437	1437	12 (3) a rule relating to growing cannabis.
1438	1438	13 (b) The commission may not impose a civil penalty under this
1439	1439	14 section that exceeds two thousand five hundred dollars ($2,500).
1440	1440	15 (c) Any civil penalties collected under this section shall be
1441	1441	16 deposited in the cannabis regulation fund established by
1442	1442	17 IC 7.1-8-2-10.
1443	1443	18 Sec. 10. (a) Except as provided in subsection (b), the commission
1444	1444	19 shall give a person who negligently violates this chapter a
1445	1445	20 reasonable time, determined by the commission, to correct the
1446	1446	21 violation without imposing a penalty under this chapter. However,
1447	1447	22 the commission may require the person who committed the
1448	1448	23 violation to comply with a corrective action plan determined by the
1449	1449	24 commission and report to the commission on compliance with the
1450	1450	25 corrective action plan.
1451	1451	26 (b) A person who commits a negligent violation of this chapter
1452	1452	27 three (3) times in a five (5) year period shall immediately be
1453	1453	28 ineligible to hold or work under a cannabis permit for five (5)
1454	1454	29 years.
1455	1455	30 (c) If the commission believes that a person has knowingly or
1456	1456	31 intentionally violated this chapter, the commission shall notify:
1457	1457	32 (1) the superintendent of the state police department; and
1458	1458	33 (2) the prosecuting attorney of the county in which the
1459	1459	34 violation occurred;
1460	1460	35 of the violation.
1461	1461	36 (d) A person who commits a negligent violation under this
1462	1462	37 chapter is subject to a late fee as established by rules adopted by
1463	1463	38 the commission.
1464	1464	39 Sec. 11. The commission shall adopt rules under IC 4-22-2 to
1465	1465	40 implement and administer this chapter.
1466	1466	41 Sec. 12. (a) The commission may keep the:
1467	1467	42 (1) names of growers who are permitted under this chapter;
1468	1468	2023 IN 1248—LS 6986/DI 106 35
1469	1469	1 and
1470	1470	2 (2) locations of permitted cannabis crops;
1471	1471	3 confidential for purposes of IC 5-14-3.
1472	1472	4 (b) The commission may share confidential information under
1473	1473	5 subsection (a) with the state police department and law
1474	1474	6 enforcement officers (as defined in IC 35-31.5-2-185).
1475	1475	7 Sec. 13. A person not permitted under this chapter who
1476	1476	8 knowingly or intentionally:
1477	1477	9 (1) grows or sells cannabis; or
1478	1478	10 (2) sells cannabis seed;
1479	1479	11 commits a Level 6 felony.
1480	1480	12 Chapter 13. Processor Permits
1481	1481	13 Sec. 1. The commission may issue a cannabis processor permit
1482	1482	14 to a person who desires to process cannabis or cannabis products.
1483	1483	15 Sec. 2. The holder of a processor permit may do the following:
1484	1484	16 (1) Process cannabis or cannabis products.
1485	1485	17 (2) Place cannabis or cannabis products in containers for
1486	1486	18 retail sale.
1487	1487	19 (3) Sell and deliver cannabis or cannabis products to a person
1488	1488	20 holding a cannabis retailer permit issued under this article.
1489	1489	21 Sec. 3. (a) A processor to whom a permit has been issued under
1490	1490	22 this chapter may deposit that permit with the commission for a
1491	1491	23 period of up to two (2) years if the permittee is unable to
1492	1492	24 immediately operate the business to which the permit applies.
1493	1493	25 (b) If a permittee is unable to use the permit issued under this
1494	1494	26 article within two (2) years, the permit is forfeited to the
1495	1495	27 commission, unless the commission finds that a reasonable
1496	1496	28 extension is necessary due to construction delays or fire, flood,
1497	1497	29 tornado, or other natural disasters or acts of God.
1498	1498	30 Sec. 4. Cannabis must be transported and distributed to and
1499	1499	31 from a processor in packaging that contains the following
1500	1500	32 information:
1501	1501	33 (1) A scannable bar code or QR code linked to a document
1502	1502	34 that contains the:
1503	1503	35 (A) batch identification number of the cannabis;
1504	1504	36 (B) product name;
1505	1505	37 (C) batch date;
1506	1506	38 (D) expiration date, which must be not more than two (2)
1507	1507	39 years from the date of manufacture;
1508	1508	40 (E) batch size;
1509	1509	41 (F) total quantity produced;
1510	1510	42 (G) ingredients used, including the:
1511	1511	2023 IN 1248—LS 6986/DI 106 36
1512	1512	1 (i) ingredient name;
1513	1513	2 (ii) name of the company that manufactured the
1514	1514	3 ingredient;
1515	1515	4 (iii) company or product identification number or code,
1516	1516	5 if applicable; and
1517	1517	6 (iv) ingredient lot number; and
1518	1518	7 (H) results of the quality assurance test conducted under
1519	1519	8 IC 7.1-8-18.
1520	1520	9 (2) The batch number.
1521	1521	10 (3) The Internet address of a website to obtain batch
1522	1522	11 information.
1523	1523	12 (4) The expiration date.
1524	1524	13 (5) The total number of milligrams of
1525	1525	14 delta-9-tetrahydrocannabinol (THC), including precursors.
1526	1526	15 (6) The grower.
1527	1527	16 Sec. 5. The commission shall impose an annual fee of thirty
1528	1528	17 thousand dollars ($30,000) on a processor permittee.
1529	1529	18 Chapter 14. Transport Permits
1530	1530	19 Sec. 1. The commission may issue a cannabis transport permit
1531	1531	20 to a person who is a carrier upon a showing of the reliability and
1532	1532	21 responsibility of the carrier and the appropriateness of issuing the
1533	1533	22 permit.
1534	1534	23 Sec. 2. The transportation of cannabis and cannabis products
1535	1535	24 for sale in Indiana are subject to the rules of the commission.
1536	1536	25 Cannabis and cannabis products may be transported and delivered
1537	1537	26 only in containers that are lawful under this article and permissible
1538	1538	27 under the rules of the commission.
1539	1539	28 Sec. 3. A transport permit is required for the transportation of
1540	1540	29 cannabis or cannabis products on a public highway in Indiana.
1541	1541	30 Sec. 4. (a) A carrier must hold a transport permit before the
1542	1542	31 carrier may transport cannabis or cannabis products on a public
1543	1543	32 highway.
1544	1544	33 (b) A person who is a direct or beneficial owner of a grower,
1545	1545	34 processor, retailer, or safety compliance facility permit issued
1546	1546	35 under this article may not hold a transport permit.
1547	1547	36 Sec. 5. (a) A carrier to whom a permit has been issued under
1548	1548	37 this chapter may deposit that permit with the commission for a
1549	1549	38 period of one (1) year if the permittee is unable to immediately
1550	1550	39 operate the business to which the permit applies.
1551	1551	40 (b) If a permittee is unable to use the permit issued under this
1552	1552	41 article within one (1) year, the permit is forfeited to the
1553	1553	42 commission, unless the commission finds that a reasonable
1554	1554	2023 IN 1248—LS 6986/DI 106 37
1555	1555	1 extension is necessary due to construction delays or fire, flood,
1556	1556	2 tornado, or other natural disasters or acts of God.
1557	1557	3 Sec. 6. (a) A carrier may not transport cannabis on a vehicle
1558	1558	4 owned or operated by the carrier unless the carrier has filed a
1559	1559	5 description of the vehicle with the commission.
1560	1560	6 (b) The description of a vehicle used to transport cannabis must
1561	1561	7 include:
1562	1562	8 (1) the engine number;
1563	1563	9 (2) the date of manufacture;
1564	1564	10 (3) the approximate weight;
1565	1565	11 (4) the vehicle identification number;
1566	1566	12 (5) the license plate number;
1567	1567	13 (6) the capacity; and
1568	1568	14 (7) any other information that the commission may require.
1569	1569	15 (c) The permittee may alter or add to the number of vehicles
1570	1570	16 included under the permit at any time.
1571	1571	17 Sec. 7. (a) A carrier must transmit a copy of its route plan and
1572	1572	18 manifest to the safety and compliance facility as required by
1573	1573	19 IC 7.1-8-18, and a copy of each must be carried in the transporting
1574	1574	20 vehicle and presented to a law enforcement officer or commission
1575	1575	21 enforcement officer upon request.
1576	1576	22 (b) The commission may inspect shipments of cannabis or
1577	1577	23 cannabis products in transit and the vehicle used in the
1578	1578	24 transportation.
1579	1579	25 Sec. 8. The commission shall impose an annual fee of five
1580	1580	26 thousand dollars ($5,000) on a carrier.
1581	1581	27 Sec. 9. A transport permittee who knowingly or intentionally
1582	1582	28 transports cannabis in a vehicle for which the permittee has not
1583	1583	29 filed a description under this chapter commits a Class A
1584	1584	30 misdemeanor.
1585	1585	31 Chapter 15. Retailer Permits
1586	1586	32 Sec. 1. The commission may issue a cannabis retailer permit to
1587	1587	33 a person who desires to sell cannabis to customers for
1588	1588	34 consumption.
1589	1589	35 Sec. 2. (a) The commission may grant only one (1) cannabis
1590	1590	36 retailer permit per twenty-five thousand (25,000) persons
1591	1591	37 statewide.
1592	1592	38 (b) Only two hundred sixty-nine (269) active cannabis retailer
1593	1593	39 permits may be issued at any one (1) time.
1594	1594	40 (c) A county may not have more permits than its census
1595	1595	41 population divided by twenty-five thousand (25,000).
1596	1596	42 (d) No single cannabis retail permittee may own more than
1597	1597	2023 IN 1248—LS 6986/DI 106 38
1598	1598	1 twenty-five percent (25%) of available permits.
1599	1599	2 Sec. 3. (a) The holder of a cannabis retailer permit may
1600	1600	3 purchase cannabis only from a permittee permitted under this
1601	1601	4 article. A cannabis retailer may possess cannabis and sell it at
1602	1602	5 retail for consumption to a customer who is at least twenty-one (21)
1603	1603	6 years of age.
1604	1604	7 (b) A cannabis retailer may sell cannabis or cannabis products
1605	1605	8 at wholesale.
1606	1606	9 (c) A cannabis retailer may sell and deliver cannabis for carry
1607	1607	10 out and for at home delivery without a transport permit.
1608	1608	11 Sec. 4. (a) A retailer to whom a permit has been issued under
1609	1609	12 this chapter may deposit the permit with the commission for a
1610	1610	13 period of one (1) year if the permittee is unable to immediately
1611	1611	14 operate the business to which the permit applies.
1612	1612	15 (b) If a permittee is unable to use the permit issued under this
1613	1613	16 article within one (1) year, the permit is forfeited to the
1614	1614	17 commission, unless the commission finds that a reasonable
1615	1615	18 extension is necessary due to construction delays or fire, flood,
1616	1616	19 tornado, or other natural disasters or acts of God.
1617	1617	20 Sec. 5. (a) A cannabis retailer may not:
1618	1618	21 (1) operate within one thousand (1,000) feet of an elementary
1619	1619	22 or secondary school;
1620	1620	23 (2) allow a customer to sample or consume cannabis or a
1621	1621	24 cannabis product on the premises;
1622	1622	25 (3) permit a customer to purchase more than four (4) ounces
1623	1623	26 of cannabis or twenty-five (25) grams of cannabis concentrate
1624	1624	27 per day; or
1625	1625	28 (4) sell cannabis or a cannabis product in a unitary
1626	1626	29 transaction (as defined in IC 6-2.5-1-1) or bundled transaction
1627	1627	30 (as defined in IC 6-2.5-1-11.5).
1628	1628	31 (b) A person who knowingly or intentionally violates this section
1629	1629	32 commits a Level 6 felony.
1630	1630	33 Sec. 6. The commission shall impose an annual fee of one
1631	1631	34 thousand dollars ($1,000) on a retailer permittee.
1632	1632	35 Sec. 7. (a) All sales of cannabis and cannabis products must be
1633	1633	36 accompanied by an invoice showing the following:
1634	1634	37 (1) The name and address of the seller and the purchaser.
1635	1635	38 (2) The date of sale.
1636	1636	39 (3) The name of each brand sold.
1637	1637	40 (4) The number of packages, if any.
1638	1638	41 (5) The number of cases by size and type of container.
1639	1639	42 (6) The quantity of each kind of cannabis sold.
1640	1640	2023 IN 1248—LS 6986/DI 106 39
1641	1641	1 (b) The permittee must transmit an invoice to the commission
1642	1642	2 in accordance with rules adopted by the commission.
1643	1643	3 Sec. 8. Except as provided in IC 7.1-8-16, a unit may not
1644	1644	4 regulate cannabis.
1645	1645	5 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
1646	1646	6 Sec. 1. (a) Before July 1, 2024, the governing body of a county
1647	1647	7 may adopt a resolution to place a public question on the ballot to
1648	1648	8 prohibit cannabis retail licensure within the county. The governing
1649	1649	9 body shall determine whether to place the public question on the
1650	1650	10 primary election ballot, on the general election ballot, or on a
1651	1651	11 special election ballot.
1652	1652	12 (b) As soon as practicable after adopting the resolution under
1653	1653	13 subsection (a), the governing body shall send a certified copy of the
1654	1654	14 resolution to the commission and the county circuit court clerk.
1655	1655	15 Sec. 2. A prohibition against cannabis retail licensure under this
1656	1656	16 chapter prevails if a majority of the individuals who vote on the
1657	1657	17 public question approves the prohibition.
1658	1658	18 Sec. 3. The public question to be submitted to the voters must
1659	1659	19 read as follows:
1660	1660	20 "Shall the county prohibit cannabis retail licensure for five (5)
1661	1661	21 years immediately following the holding of the referendum?
1662	1662	22 If this public question is approved by the voters, cannabis
1663	1663	23 retailers will be prohibited from licensing premises in the
1664	1664	24 county for five (5) years.".
1665	1665	25 Sec. 4. Each circuit court clerk shall, upon receiving the
1666	1666	26 question approved by the governing body of a county under this
1667	1667	27 chapter, call a meeting of the county election board to certify the
1668	1668	28 question and make arrangements for the referendum.
1669	1669	29 Sec. 5. (a) The referendum shall be held in the next primary
1670	1670	30 election or general election in which all the registered voters who
1671	1671	31 are residents of the county are entitled to vote after adoption of the
1672	1672	32 resolution under section 1 of this chapter. The certification of the
1673	1673	33 question must occur not later than noon:
1674	1674	34 (1) seventy-four (74) days before a primary election if the
1675	1675	35 question is to be placed on the primary election ballot; or
1676	1676	36 (2) August 1 if the question is to be placed on the general
1677	1677	37 election ballot.
1678	1678	38 (b) However, if a primary election or general election will not be
1679	1679	39 held during the first year in which the public question is eligible to
1680	1680	40 be placed on the ballot under this chapter, and if the county
1681	1681	41 requests the public question to be placed on the ballot at a special
1682	1682	42 election, the public question shall be placed on the ballot at a
1683	1683	2023 IN 1248—LS 6986/DI 106 40
1684	1684	1 special election to be held on the first Tuesday after the first
1685	1685	2 Monday in May or November of the year. The certification must
1686	1686	3 occur not later than noon:
1687	1687	4 (1) sixty (60) days before a special election to be held in May
1688	1688	5 (if the special election is to be held in May); or
1689	1689	6 (2) August 1 (if the special election is to be held in November).
1690	1690	7 (c) If the referendum is not conducted at a primary election or
1691	1691	8 general election, the county in which the special election is to be
1692	1692	9 held shall pay all the costs of holding the special election.
1693	1693	10 Sec. 6. Each county election board shall cause:
1694	1694	11 (1) the question certified to the circuit court clerk by the
1695	1695	12 governing body of a county to be placed on the ballot in the
1696	1696	13 form prescribed by IC 3-10-9; and
1697	1697	14 (2) an adequate supply of ballots and voting equipment to be
1698	1698	15 delivered to the precinct election board of each precinct in
1699	1699	16 which the referendum is to be held.
1700	1700	17 Sec. 7. (a) Except as provided in subsection (b), every registered
1701	1701	18 voter who resides in the county may vote on the public question.
1702	1702	19 (b) An individual who changes residence from a location within
1703	1703	20 a county to a location outside of the county less than thirty (30)
1704	1704	21 days before an election under this chapter may not vote on the
1705	1705	22 public question.
1706	1706	23 Sec. 8. Each precinct election board shall count the affirmative
1707	1707	24 votes and the negative votes cast concerning the public question,
1708	1708	25 and shall certify those two (2) totals to the county election board of
1709	1709	26 the county. The circuit court clerk shall, immediately after the
1710	1710	27 votes have been counted, certify the results of the public question
1711	1711	28 to the commission and the county governing body.
1712	1712	29 Sec. 9. (a) Except as otherwise provided in this section, during
1713	1713	30 the period beginning with the adoption of a resolution by the
1714	1714	31 governing body of a county to place a public question on the ballot
1715	1715	32 and continuing through the day on which the public question is
1716	1716	33 submitted to the voters, the county governing body may not
1717	1717	34 promote a position on the referendum by doing any of the
1718	1718	35 following:
1719	1719	36 (1) Using facilities or equipment, including mail and
1720	1720	37 messaging systems, owned by the county to promote a position
1721	1721	38 on the public question, unless equal access to the facilities or
1722	1722	39 equipment is given to persons with a position opposite to that
1723	1723	40 of the county governing body.
1724	1724	41 (2) Making an expenditure of money from a fund controlled
1725	1725	42 by the county to promote a position on the public question.
1726	1726	2023 IN 1248—LS 6986/DI 106 41
1727	1727	1 (3) Using an employee to promote a position on the public
1728	1728	2 question during the employee's normal working hours or paid
1729	1729	3 overtime, or otherwise compelling an employee to promote a
1730	1730	4 position on the public question at any time. However, if a
1731	1731	5 person described in subsection (c) is advocating for or against
1732	1732	6 a position on the public question or discussing the public
1733	1733	7 question as authorized under subsection (c), an employee of
1734	1734	8 the county may assist the person in presenting information on
1735	1735	9 the public question, if requested to do so by the person
1736	1736	10 described in subsection (c).
1737	1737	11 However, this section does not prohibit an official or employee of
1738	1738	12 the county from carrying out duties with respect to a public
1739	1739	13 question that are part of the normal and regular conduct of the
1740	1740	14 official's or employee's office or agency, including the furnishing
1741	1741	15 of factual information regarding the public question in response to
1742	1742	16 inquiries from any person.
1743	1743	17 (b) This subsection does not apply to:
1744	1744	18 (1) a personal expenditure to promote a position on a public
1745	1745	19 question by an employee of a county whose employment is
1746	1746	20 governed by a collective bargaining contract or an
1747	1747	21 employment contract; or
1748	1748	22 (2) an expenditure to promote a position on a public question
1749	1749	23 by a person or an organization that has a contract or an
1750	1750	24 arrangement (whether formal or informal) with the county
1751	1751	25 solely for the use of the county's facilities.
1752	1752	26 A person or an organization that has a contract or arrangement
1753	1753	27 (whether formal or informal) with a county to provide goods or
1754	1754	28 services to the county may not spend any money to promote a
1755	1755	29 position on the public question. A violation of this subsection is a
1756	1756	30 Class A infraction.
1757	1757	31 (c) Notwithstanding any other law, an elected or appointed
1758	1758	32 member of the county governing body may at any time:
1759	1759	33 (1) personally advocate for or against a position on a public
1760	1760	34 question; or
1761	1761	35 (2) discuss the public question with any individual, group, or
1762	1762	36 organization or personally advocate for or against a position
1763	1763	37 on a public question before any individual, group, or
1764	1764	38 organization;
1765	1765	39 so long as it is not done by using public funds. Advocacy or
1766	1766	40 discussion allowed under this subsection is not considered a use of
1767	1767	41 public funds.
1768	1768	42 Chapter 17. Statewide Monitoring System
1769	1769	2023 IN 1248—LS 6986/DI 106 42
1770	1770	1 Sec. 1. The commission shall establish a statewide monitoring
1771	1771	2 system for use as an integrated cannabis tracking, inventory, and
1772	1772	3 verification system. The statewide monitoring system must allow
1773	1773	4 for interface with third party inventory control and tracking
1774	1774	5 systems to provide for access by the state, permittees, and law
1775	1775	6 enforcement personnel, to the extent that they need and are
1776	1776	7 authorized to receive or submit the information, to comply with,
1777	1777	8 enforce, or administer this article.
1778	1778	9 Sec. 2. At a minimum, the statewide monitoring system must be
1779	1779	10 capable of storing and providing access to information that, in
1780	1780	11 conjunction with one (1) or more third party inventory control and
1781	1781	12 tracking systems, allows the following:
1782	1782	13 (1) Retention of a record of the date, time, quantity, and price
1783	1783	14 of each sale or transfer of cannabis or cannabis products.
1784	1784	15 (2) Determination of whether a particular sale or transfer
1785	1785	16 transaction will exceed the permissible limit established under
1786	1786	17 this article.
1787	1787	18 (3) Effective monitoring of cannabis seed to sale transfers.
1788	1788	19 (4) Receipt and integration of information from third party
1789	1789	20 inventory control and tracking systems.
1790	1790	21 Sec. 3. The commission shall seek bids under IC 5-22 to
1791	1791	22 establish, operate, and maintain the statewide monitoring system
1792	1792	23 under this chapter. The commission shall do the following:
1793	1793	24 (1) Evaluate bidders based on the cost of the service and the
1794	1794	25 ability to meet all requirements of this article.
1795	1795	26 (2) Give strong consideration to the bidder's ability to prevent
1796	1796	27 fraud, abuse, and other unlawful or prohibited activities
1797	1797	28 associated with the commercial trade in cannabis, and the
1798	1798	29 ability to provide additional tools for the administration and
1799	1799	30 enforcement of this article.
1800	1800	31 (3) Institute procedures to ensure that the contract awardee
1801	1801	32 does not disclose or use the information in the system for any
1802	1802	33 use or purpose except for the enforcement, oversight, and
1803	1803	34 implementation of this article.
1804	1804	35 (4) Require the contract awardee to deliver the functioning
1805	1805	36 system within one hundred twenty (120) days after award of
1806	1806	37 the contract.
1807	1807	38 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
1808	1808	39 implement this chapter.
1809	1809	40 Chapter 18. Safety Compliance Facility Permit
1810	1810	41 Sec. 1. The commission may issue a cannabis safety compliance
1811	1811	42 facility permit to a person who desires to test cannabis and
1812	1812	2023 IN 1248—LS 6986/DI 106 43
1813	1813	1 cannabis products for transfer, sale, and consumption in Indiana.
1814	1814	2 Sec. 2. A person who has a direct or indirect ownership interest
1815	1815	3 in a grower, processor, transport, or retailer permit may not have
1816	1816	4 a direct or indirect ownership interest in a safety compliance
1817	1817	5 facility or a safety compliance facility permit.
1818	1818	6 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
1819	1819	7 establish a proficiency testing program and designate safety
1820	1820	8 compliance facility participation, that, at a minimum, comply with
1821	1821	9 reasonable and customary industry standards.
1822	1822	10 Sec. 4. (a) A safety compliance facility to which a permit has
1823	1823	11 been issued under this chapter may deposit that permit with the
1824	1824	12 commission for a period of one (1) year if the permittee is unable
1825	1825	13 to immediately operate the facility.
1826	1826	14 (b) If a permittee is unable to use the permit issued under this
1827	1827	15 article within one (1) year, the permit is forfeited to the
1828	1828	16 commission.
1829	1829	17 Sec. 5. (a) A safety compliance facility must test samples as
1830	1830	18 provided in this chapter and pursuant to rules adopted by the
1831	1831	19 commission.
1832	1832	20 (b) A safety compliance facility shall collect samples of cannabis
1833	1833	21 and cannabis products from another cannabis permittee. Every
1834	1834	22 cannabis permittee shall permit and assist the safety compliance
1835	1835	23 facility in the collection of samples for testing.
1836	1836	24 (c) The safety compliance facility shall take a physical sample of
1837	1837	25 the cannabis product from another cannabis permittee to be tested
1838	1838	26 at the safety compliance facility.
1839	1839	27 (d) The safety compliance facility must develop a statistically
1840	1840	28 valid sampling method to collect a representative sample from each
1841	1841	29 batch of cannabis product.
1842	1842	30 Sec. 6. (a) A safety compliance facility must comply with all the
1843	1843	31 following:
1844	1844	32 (1) The safety compliance facility shall ensure that samples of
1845	1845	33 the cannabis product are identified in the statewide
1846	1846	34 monitoring system and placed in secured, sealed containers
1847	1847	35 that bear the labeling required under the rules.
1848	1848	36 (2) A carrier's route plan and manifest that have been
1849	1849	37 transmitted to the facility must be entered into the statewide
1850	1850	38 monitoring system.
1851	1851	39 (3) The cannabis or cannabis product must be transported in
1852	1852	40 one (1) or more sealed containers and not be accessible while
1853	1853	41 in transit.
1854	1854	42 (4) The vehicle a safety compliance facility uses to transport
1855	1855	2023 IN 1248—LS 6986/DI 106 44
1856	1856	1 samples of cannabis or cannabis products may not bear
1857	1857	2 markings or other indication that it is carrying cannabis or a
1858	1858	3 cannabis product.
1859	1859	4 (b) Except as otherwise required by the commission, the safety
1860	1860	5 compliance facility shall collect a sample size that is:
1861	1861	6 (1) sufficient to complete all required analyses; and
1862	1862	7 (2) not less than one-half percent (0.5%) of the weight of the
1863	1863	8 harvest batch.
1864	1864	9 (c) At least fifty percent (50%) of the sample taken must be
1865	1865	10 homogenized for testing.
1866	1866	11 (d) The safety compliance facility shall report all testing results
1867	1867	12 to the commission on a quarterly basis, including the rate of
1868	1868	13 failure.
1869	1869	14 Sec. 7. A safety compliance facility must do all of the following:
1870	1870	15 (1) Become fully accredited to the International Organization
1871	1871	16 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
1872	1872	17 ILAC recognized accreditation body or by an entity approved
1873	1873	18 by the commission within one (1) year after the date the
1874	1874	19 permit is issued, and agree to have the inspections and reports
1875	1875	20 of the ISO made available to the commission.
1876	1876	21 (2) Maintain internal standard operating procedures.
1877	1877	22 (3) Maintain a quality control and quality assurance program.
1878	1878	23 Sec. 8. The commission may publish sample sizes for other
1879	1879	24 cannabis products being tested.
1880	1880	25 Sec. 9. A cannabis permittee must allow the safety compliance
1881	1881	26 facility to have access to its entire batch for the purposes of
1882	1882	27 sampling.
1883	1883	28 Sec. 10. (a) An employee of the cannabis permittee from which
1884	1884	29 the cannabis product test samples are being taken shall be
1885	1885	30 physically present to observe the safety compliance facility
1886	1886	31 employee collect the samples of cannabis or cannabis product for
1887	1887	32 testing. The employee shall ensure that the correct sample
1888	1888	33 increments are taken from throughout the batch.
1889	1889	34 (b) An employee of a cannabis permittee may not:
1890	1890	35 (1) be directly involved in the testing performed by the safety
1891	1891	36 compliance facility employee; or
1892	1892	37 (2) touch the cannabis or cannabis product or the sampling
1893	1893	38 equipment while the safety compliance facility employee is
1894	1894	39 obtaining the sample.
1895	1895	40 Sec. 11. (a) After samples have been selected, both the employee
1896	1896	41 of the cannabis permittee and the employee of the safety
1897	1897	42 compliance facility shall sign and date a chain of custody form,
1898	1898	2023 IN 1248—LS 6986/DI 106 45
1899	1899	1 attesting to the accuracy of the following sample information:
1900	1900	2 (1) The name of the cannabis product.
1901	1901	3 (2) The weight of cannabis or cannabis product.
1902	1902	4 (3) That all cannabis and cannabis products and samples are
1903	1903	5 correctly identified in the statewide monitoring system.
1904	1904	6 (4) If the product test sample is obtained for a retest, the
1905	1905	7 safety compliance facility confirms that it is not accepting a
1906	1906	8 product test sample that is prohibited from being retested.
1907	1907	9 (b) The cannabis permittee shall enter in the statewide
1908	1908	10 monitoring system the cannabis or cannabis product test sample
1909	1909	11 that is collected by a permitted safety compliance facility, including
1910	1910	12 the date and time the cannabis or cannabis product is collected and
1911	1911	13 transferred. The safety compliance facility shall enter into the
1912	1912	14 statewide monitoring system the test results within three (3)
1913	1913	15 business days of test completion.
1914	1914	16 (c) If a testing sample is collected from a cannabis permittee for
1915	1915	17 testing in the statewide monitoring system, that cannabis permittee
1916	1916	18 shall quarantine the cannabis product that is undergoing the
1917	1917	19 testing from any other cannabis products at the cannabis permittee
1918	1918	20 location. The quarantined cannabis product must not be packaged,
1919	1919	21 transferred, or sold until passing test results are entered into the
1920	1920	22 statewide monitoring system.
1921	1921	23 (d) A safety compliance facility may collect additional sample
1922	1922	24 material from the same permittee from which the original sample
1923	1923	25 was collected for the purposes of completing the required safety
1924	1924	26 tests as long as the requirements of this chapter are met.
1925	1925	27 (e) The commission may publish guidance that shall be followed
1926	1926	28 by cannabis permittees for chain of custody documentation.
1927	1927	29 Sec. 12. A safety compliance facility shall use analytical testing
1928	1928	30 methodologies for the required quality assurance tests under this
1929	1929	31 chapter that are validated. The tests may be monitored on an
1930	1930	32 ongoing basis by the commission. The facility's methodology must
1931	1931	33 follow one (1) of the following:
1932	1932	34 (1) The most current version of the Cannabis Inflorescence:
1933	1933	35 Standards of Identity, Analysis, and Quality Control
1934	1934	36 monograph published by the American Herbal
1935	1935	37 Pharmacopoeia.
1936	1936	38 (2) An alternative testing methodology approved by the
1937	1937	39 commission and validated by an independent third party that
1938	1938	40 the methodology followed by the safety compliance facility
1939	1939	41 produces scientifically accurate results as quality assurance
1940	1940	42 for each test it conducts.
1941	1941	2023 IN 1248—LS 6986/DI 106 46
1942	1942	1 Sec. 13. A safety compliance facility shall conduct quality
1943	1943	2 assurance tests that test for all of the following:
1944	1944	3 (1) Moisture content.
1945	1945	4 (2) Potency analysis.
1946	1946	5 (3) Tetrahydrocannabinol level.
1947	1947	6 (4) Tetrahydrocannabinol acid level.
1948	1948	7 (5) Cannabidiol and cannabidiol acid levels.
1949	1949	8 (6) Foreign matter inspection.
1950	1950	9 (7) Microbial and mycotoxin screening.
1951	1951	10 (8) Pesticides.
1952	1952	11 (9) Chemical residue.
1953	1953	12 (10) Fungicides.
1954	1954	13 (11) Insecticides.
1955	1955	14 (12) Metals screening.
1956	1956	15 (13) Residual solvents levels.
1957	1957	16 (14) Terpene analysis.
1958	1958	17 (15) Water activity content.
1959	1959	18 Sec. 14. The commission, in consultation with the state seed
1960	1960	19 commissioner and the department of agriculture, shall publish a
1961	1961	20 list of approved pesticides for use in the growing and production of
1962	1962	21 cannabis and cannabis products to be sold or transferred in
1963	1963	22 Indiana.
1964	1964	23 Sec. 15. The commission shall take immediate disciplinary
1965	1965	24 action against any safety compliance facility that fails to comply
1966	1966	25 with the provisions of this article or falsifies records related to this
1967	1967	26 article, including any sanctions or fines, or both.
1968	1968	27 Sec. 16. A safety compliance facility is prohibited from doing
1969	1969	28 any of the following:
1970	1970	29 (1) Desiccating samples.
1971	1971	30 (2) Dry labeling samples.
1972	1972	31 (3) Pretesting samples.
1973	1973	32 Sec. 17. A safety compliance facility shall comply with random
1974	1974	33 quality assurance compliance checks upon the request of the
1975	1975	34 commission. The commission or its authorized agents may collect
1976	1976	35 a random sample of cannabis or cannabis product from a safety
1977	1977	36 compliance facility or designate another safety compliance facility
1978	1978	37 to collect a random sample of cannabis product in a secure manner
1979	1979	38 to test that sample for quality assurance compliance pursuant to
1980	1980	39 this rule.
1981	1981	40 Sec. 18. (a) A safety compliance facility may retest cannabis or
1982	1982	41 cannabis products that have failed initial safety testing, except as
1983	1983	42 indicated under subsection (c).
1984	1984	2023 IN 1248—LS 6986/DI 106 47
1985	1985	1 (b) A failed cannabis product must pass two (2) separate retests
1986	1986	2 with new samples consecutively to be eligible to proceed to sale or
1987	1987	3 transfer.
1988	1988	4 (c) The commission may publish a remediation protocol that
1989	1989	5 addresses, among other things, the sale or transfer of cannabis
1990	1990	6 product after a failed safety test.
1991	1991	7 (d) The cannabis permittee that provided the sample is
1992	1992	8 responsible for all costs involved in a retest.
1993	1993	9 Sec. 19. (a) As used in this section, "research and development
1994	1994	10 testing" means optional testing performed before final compliance
1995	1995	11 testing.
1996	1996	12 (b) The commission may not take punitive action against a
1997	1997	13 cannabis permittee for conducting research and development
1998	1998	14 testing.
1999	1999	15 (c) The commission may adopt rules or publish guidance for
2000	2000	16 research and development testing.
2001	2001	17 (d) A permittee conducting research and development testing
2002	2002	18 must enter the testing and any other information required by the
2003	2003	19 commission into the statewide monitoring system.
2004	2004	20 Chapter 19. Violations
2005	2005	21 Sec. 1. If a permit holder violates this article, the permit holder
2006	2006	22 may be publicly reprimanded, assessed a civil penalty, or have the
2007	2007	23 permit revoked or suspended.
2008	2008	24 Sec. 2. (a) The commission may assess a civil penalty for a
2009	2009	25 violation of this article in an amount that does not exceed fifty
2010	2010	26 thousand dollars ($50,000). A civil penalty may be assessed in
2011	2011	27 addition to other penalties allowed under this article.
2012	2012	28 (b) A civil penalty assessed under this section shall be deposited
2013	2013	29 in the cannabis regulation fund established by IC 7.1-8-2-10.
2014	2014	30 Sec. 3. A person who recklessly, knowingly, or intentionally
2015	2015	31 provides cannabis or cannabis products to a person less than
2016	2016	32 twenty-one (21) years of age commits a Class B misdemeanor.
2017	2017	33 However, the offense is:
2018	2018	34 (1) a Class A misdemeanor if the person has a prior unrelated
2019	2019	35 conviction under this section; and
2020	2020	36 (2) a Level 6 felony if the use of the cannabis or cannabis
2021	2021	37 products is the proximate cause of the serious bodily injury or
2022	2022	38 death of any person.
2023	2023	39 Sec. 4. (a) A person who knowingly or intentionally:
2024	2024	40 (1) rents property; or
2025	2025	41 (2) provides or arranges for the use of property;
2026	2026	42 for the purpose of allowing or enabling a person less than
2027	2027	2023 IN 1248—LS 6986/DI 106 48
2028	2028	1 twenty-one (21) years of age to use cannabis or cannabis products
2029	2029	2 on the property commits a Class C infraction. However, the
2030	2030	3 violation is a Class B misdemeanor if the person has a prior
2031	2031	4 unrelated adjudication or conviction for a violation of this section
2032	2032	5 within the previous five (5) years.
2033	2033	6 (b) This section may not be construed to impose civil or criminal
2034	2034	7 liability upon any postsecondary educational institution, including
2035	2035	8 public and private universities and colleges, business schools,
2036	2036	9 vocational schools, and schools for continuing education, or its
2037	2037	10 agents for injury to any person or property sustained in
2038	2038	11 consequence of a violation of this section unless the institution or
2039	2039	12 its agent:
2040	2040	13 (1) sells, barters, exchanges, provides, or furnishes cannabis
2041	2041	14 or cannabis products to a person less than twenty-one (21)
2042	2042	15 years of age; or
2043	2043	16 (2) either:
2044	2044	17 (A) rents property; or
2045	2045	18 (B) provides or arranges for the use of property;
2046	2046	19 for the purpose of allowing or enabling a person less than
2047	2047	20 twenty-one (21) years of age to consume cannabis or cannabis
2048	2048	21 products on the property.
2049	2049	22 Sec. 5. (a) It is a Class C infraction for a person less than
2050	2050	23 twenty-one (21) years of age to enter the premises of a cannabis
2051	2051	24 retailer or other location where cannabis or cannabis products are
2052	2052	25 provided.
2053	2053	26 (b) It is a Class C infraction for a parent, guardian, trustee, or
2054	2054	27 other person having custody of a child less than eighteen (18) years
2055	2055	28 of age to take that child into a cannabis retailer or other location
2056	2056	29 where cannabis or cannabis products are provided.
2057	2057	30 (c) It is a Class C infraction for a permittee to permit the parent,
2058	2058	31 guardian, trustee, or other person having custody of a child less
2059	2059	32 than eighteen (18) years of age to be with the child in a cannabis
2060	2060	33 retailer or other location where cannabis or cannabis products are
2061	2061	34 provided.
2062	2062	35 Sec. 6. A person who knowingly or intentionally employs a
2063	2063	36 person less than twenty-one (21) years of age:
2064	2064	37 (1) where cannabis or cannabis products are provided; and
2065	2065	38 (2) in a capacity which requires or allows the person less than
2066	2066	39 twenty-one (21) years of age to provide or otherwise deal in
2067	2067	40 cannabis or cannabis products;
2068	2068	41 commits a Class B misdemeanor.
2069	2069	42 Sec. 7. A person who is at least twenty-one (21) years of age who
2070	2070	2023 IN 1248—LS 6986/DI 106 49
2071	2071	1 knowingly or intentionally aids, induces, or causes a person less
2072	2072	2 than twenty-one (21) years of age to unlawfully possess cannabis or
2073	2073	3 cannabis products commits a Class C infraction.
2074	2074	4 Sec. 8. (a) Notwithstanding any other law, an enforcement
2075	2075	5 officer with police powers may engage a person who is:
2076	2076	6 (1) at least eighteen (18) years of age; and
2077	2077	7 (2) less than twenty-one (21) years of age;
2078	2078	8 to receive or purchase cannabis or cannabis products as part of an
2079	2079	9 enforcement action under this article.
2080	2080	10 (b) The initial or contemporaneous receipt or purchase of
2081	2081	11 cannabis or cannabis products under this section by a person
2082	2082	12 described in subsection (a) must:
2083	2083	13 (1) occur under the direction of an enforcement officer vested
2084	2084	14 with full police powers and duties; and
2085	2085	15 (2) be a part of the enforcement action.
2086	2086	16 Chapter 20. Professional Services
2087	2087	17 Sec. 1. A person licensed under IC 25 does not commit a crime
2088	2088	18 or an infraction under Indiana law solely for providing
2089	2089	19 professional services to persons permitted to engage in an activity
2090	2090	20 authorized by this article.
2091	2091	21 Chapter 21. Employment
2092	2092	22 Sec. 1. Nothing in this article prohibits an employer from
2093	2093	23 mandating drug screening for employees or from taking an adverse
2094	2094	24 employment action against an employee who tests positive for
2095	2095	25 cannabis use.
2096	2096	26 Chapter 22. Appropriation
2097	2097	27 Sec. 1. There is appropriated to the commission from the state
2098	2098	28 general fund, from money not otherwise appropriated, a sum
2099	2099	29 sufficient to defray the expenses incurred by the commission in the
2100	2100	30 implementation and administration of this article.
2101	2101	31 SECTION 5. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
2102	2102	32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2103	2103	33 JULY 1, 2023]: Sec. 1. (a) A person who operates a vehicle with an
2104	2104	34 alcohol concentration equivalent to at least eight-hundredths (0.08)
2105	2105	35 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
2106	2106	36 per:
2107	2107	37 (1) one hundred (100) milliliters of the person's blood; or
2108	2108	38 (2) two hundred ten (210) liters of the person's breath;
2109	2109	39 commits a Class C misdemeanor.
2110	2110	40 (b) A person who operates a vehicle with an alcohol concentration
2111	2111	41 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
2112	2112	42 (1) one hundred (100) milliliters of the person's blood; or
2113	2113	2023 IN 1248—LS 6986/DI 106 50
2114	2114	1 (2) two hundred ten (210) liters of the person's breath;
2115	2115	2 commits a Class A misdemeanor.
2116	2116	3 (c) A person who operates a vehicle with a controlled substance
2117	2117	4 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
2118	2118	5 blood commits a Class C misdemeanor.
2119	2119	6 (d) It is a defense to subsection (c) that:
2120	2120	7 (1) the accused person consumed the controlled substance in
2121	2121	8 accordance with a valid prescription or order of a practitioner (as
2122	2122	9 defined in IC 35-48-1) who acted in the course of the
2123	2123	10 practitioner's professional practice; or
2124	2124	11 (2) the:
2125	2125	12 (A) controlled substance is marijuana or a metabolite of
2126	2126	13 marijuana; and
2127	2127	14 (B) person was not intoxicated.
2128	2128	15 (C) person did not cause a traffic accident; and
2129	2129	16 (D) substance was identified by means of a chemical test taken
2130	2130	17 pursuant to IC 9-30-7.
2131	2131	18 SECTION 6. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
2132	2132	19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2133	2133	20 JULY 1, 2023]: Sec. 4. (a) A person who causes serious bodily injury
2134	2134	21 to another person when operating a vehicle:
2135	2135	22 (1) with an alcohol concentration equivalent to at least
2136	2136	23 eight-hundredths (0.08) gram of alcohol per:
2137	2137	24 (A) one hundred (100) milliliters of the person's blood; or
2138	2138	25 (B) two hundred ten (210) liters of the person's breath;
2139	2139	26 (2) with a controlled substance listed in schedule I or II of
2140	2140	27 IC 35-48-2 or its metabolite in the person's blood; or
2141	2141	28 (3) while intoxicated;
2142	2142	29 commits a Level 5 felony. However, the offense is a Level 4 felony if
2143	2143	30 the person has a previous conviction of operating while intoxicated
2144	2144	31 within the five (5) years preceding the commission of the offense.
2145	2145	32 (b) A person who violates subsection (a) commits a separate offense
2146	2146	33 for each person whose serious bodily injury is caused by the violation
2147	2147	34 of subsection (a).
2148	2148	35 (c) It is a defense under subsection (a)(2) that:
2149	2149	36 (1) the accused person consumed the controlled substance in
2150	2150	37 accordance with a valid prescription or order of a practitioner (as
2151	2151	38 defined in IC 35-48-1) who acted in the course of the
2152	2152	39 practitioner's professional practice; or
2153	2153	40 (2) the:
2154	2154	41 (A) controlled substance is marijuana or a metabolite of
2155	2155	42 marijuana; and
2156	2156	2023 IN 1248—LS 6986/DI 106 51
2157	2157	1 (B) person was not intoxicated.
2158	2158	2 SECTION 7. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
2159	2159	3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2160	2160	4 JULY 1, 2023]: Sec. 5. (a) A person who causes the death or
2161	2161	5 catastrophic injury of another person when operating a vehicle:
2162	2162	6 (1) with an alcohol concentration equivalent to at least
2163	2163	7 eight-hundredths (0.08) gram of alcohol per:
2164	2164	8 (A) one hundred (100) milliliters of the person's blood; or
2165	2165	9 (B) two hundred ten (210) liters of the person's breath;
2166	2166	10 (2) with a controlled substance listed in schedule I or II of
2167	2167	11 IC 35-48-2 or its metabolite in the person's blood; or
2168	2168	12 (3) while intoxicated;
2169	2169	13 commits a Level 4 felony.
2170	2170	14 (b) A person who causes the death of a law enforcement animal (as
2171	2171	15 defined in IC 35-46-3-4.5) when operating a vehicle:
2172	2172	16 (1) with an alcohol concentration equivalent to at least
2173	2173	17 eight-hundredths (0.08) gram of alcohol per:
2174	2174	18 (A) one hundred (100) milliliters of the person's blood; or
2175	2175	19 (B) two hundred ten (210) liters of the person's breath; or
2176	2176	20 (2) with a controlled substance listed in schedule I or II of
2177	2177	21 IC 35-48-2 or its metabolite in the person's blood;
2178	2178	22 commits a Level 6 felony.
2179	2179	23 (c) A person who commits an offense under subsection (a) or (b)
2180	2180	24 commits a separate offense for each person or law enforcement animal
2181	2181	25 whose death (or catastrophic injury, in the case of a person) is caused
2182	2182	26 by the violation of subsection (a) or (b).
2183	2183	27 (d) It is a defense under subsection (a) or (b) that the person accused
2184	2184	28 of causing the death or catastrophic injury of another person or the
2185	2185	29 death of a law enforcement animal when operating a vehicle with a
2186	2186	30 controlled substance listed in schedule I or II of IC 35-48-2 or its
2187	2187	31 metabolite in the person's blood:
2188	2188	32 (1) consumed the controlled substance in accordance with a valid
2189	2189	33 prescription or order of a practitioner (as defined in IC 35-48-1)
2190	2190	34 who acted in the course of the practitioner's professional practice;
2191	2191	35 or
2192	2192	36 (2) the:
2193	2193	37 (A) controlled substance is marijuana or a metabolite of
2194	2194	38 marijuana; and
2195	2195	39 (B) person was not intoxicated.
2196	2196	40 SECTION 8. IC 10-10.5-1-3, AS AMENDED BY P.L.64-2022,
2197	2197	41 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2198	2198	42 JULY 1, 2023]: Sec. 3. "Law enforcement officer" means any of the
2199	2199	2023 IN 1248—LS 6986/DI 106 52
2200	2200	1 following:
2201	2201	2 (1) A state police officer, enforcement officer of the alcohol and
2202	2202	3 tobacco commission, enforcement officer of the cannabis
2203	2203	4 commission, or conservation officer.
2204	2204	5 (2) A county, city, town, or tribal police officer.
2205	2205	6 (3) A police officer appointed by a state educational institution
2206	2206	7 under IC 21-39-4 or school corporation under IC 20-26-16.
2207	2207	8 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
2208	2208	9 under IC 4-33-20.
2209	2209	10 SECTION 9. IC 10-13-8-5, AS AMENDED BY P.L.64-2022,
2210	2210	11 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2211	2211	12 JULY 1, 2023]: Sec. 5. As used in this chapter, "law enforcement
2212	2212	13 officer" means any of the following:
2213	2213	14 (1) A state police officer.
2214	2214	15 (2) A county sheriff.
2215	2215	16 (3) A county police officer.
2216	2216	17 (4) A correctional officer.
2217	2217	18 (5) An excise police officer, including an enforcement officer
2218	2218	19 of the cannabis commission.
2219	2219	20 (6) A county police reserve officer.
2220	2220	21 (7) A city police officer.
2221	2221	22 (8) A city police reserve officer.
2222	2222	23 (9) A conservation enforcement officer.
2223	2223	24 (10) A town marshal.
2224	2224	25 (11) A deputy town marshal.
2225	2225	26 (12) A probation officer.
2226	2226	27 (13) A state educational institution police officer appointed under
2227	2227	28 IC 21-39-4.
2228	2228	29 (14) A gaming agent of the Indiana gaming commission.
2229	2229	30 (15) A person employed by a political subdivision (as defined in
2230	2230	31 IC 36-1-2-13) and appointed as a special deputy under
2231	2231	32 IC 36-8-10-10.6.
2232	2232	33 (16) A school corporation police officer appointed under
2233	2233	34 IC 20-26-16.
2234	2234	35 (17) A police officer of a public or private postsecondary
2235	2235	36 educational institution whose board of trustees has established a
2236	2236	37 police department under IC 21-17-5-2 or IC 21-39-4-2.
2237	2237	38 (18) A tribal police officer.
2238	2238	39 SECTION 10. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
2239	2239	40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2240	2240	41 JULY 1, 2023]: Sec. 3. As used in this chapter, "drug dealing offense"
2241	2241	42 means one (1) or more of the following offenses:
2242	2242	2023 IN 1248—LS 6986/DI 106 53
2243	2243	1 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
2244	2244	2 the person received only minimal consideration as a result of the
2245	2245	3 drug transaction.
2246	2246	4 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
2247	2247	5 person received only minimal consideration as a result of the drug
2248	2248	6 transaction.
2249	2249	7 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
2250	2250	8 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
2251	2251	9 only minimal consideration as a result of the drug transaction.
2252	2252	10 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
2253	2253	11 cannabinoid or possession of mislabeled low THC hemp
2254	2254	12 extract (IC 35-48-4-10) unless the person received only minimal
2255	2255	13 consideration as a result of the drug transaction.
2256	2256	14 SECTION 11. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
2257	2257	15 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2258	2258	16 JULY 1, 2023]: Sec. 14. (a) A person holding a certificate or license
2259	2259	17 issued under this article must comply with the applicable standards and
2260	2260	18 rules established under this article. A certificate holder or license
2261	2261	19 holder is subject to disciplinary sanctions under subsection (b) if the
2262	2262	20 department of homeland security determines that the certificate holder
2263	2263	21 or license holder:
2264	2264	22 (1) engaged in or knowingly cooperated in fraud or material
2265	2265	23 deception in order to obtain a certificate or license, including
2266	2266	24 cheating on a certification or licensure examination;
2267	2267	25 (2) engaged in fraud or material deception in the course of
2268	2268	26 professional services or activities;
2269	2269	27 (3) advertised services or goods in a false or misleading manner;
2270	2270	28 (4) falsified or knowingly allowed another person to falsify
2271	2271	29 attendance records or certificates of completion of continuing
2272	2272	30 education courses required under this article or rules adopted
2273	2273	31 under this article;
2274	2274	32 (5) is convicted of a crime, if the act that resulted in the
2275	2275	33 conviction has a direct bearing on determining if the certificate
2276	2276	34 holder or license holder should be entrusted to provide emergency
2277	2277	35 medical services;
2278	2278	36 (6) is convicted of violating IC 9-19-14.5;
2279	2279	37 (7) fails to comply and maintain compliance with or violates any
2280	2280	38 applicable provision, standard, or other requirement of this article
2281	2281	39 or rules adopted under this article;
2282	2282	40 (8) continues to practice if the certificate holder or license holder
2283	2283	41 becomes unfit to practice due to:
2284	2284	42 (A) professional incompetence that includes the undertaking
2285	2285	2023 IN 1248—LS 6986/DI 106 54
2286	2286	1 of professional activities that the certificate holder or license
2287	2287	2 holder is not qualified by training or experience to undertake;
2288	2288	3 (B) failure to keep abreast of current professional theory or
2289	2289	4 practice;
2290	2290	5 (C) physical or mental disability; or
2291	2291	6 (D) addiction to, abuse of, or dependency on alcohol or other
2292	2292	7 drugs that endanger the public by impairing the certificate
2293	2293	8 holder's or license holder's ability to practice safely;
2294	2294	9 (9) engages in a course of lewd or immoral conduct in connection
2295	2295	10 with the delivery of services to the public;
2296	2296	11 (10) allows the certificate holder's or license holder's name or a
2297	2297	12 certificate or license issued under this article to be used in
2298	2298	13 connection with a person who renders services beyond the scope
2299	2299	14 of that person's training, experience, or competence;
2300	2300	15 (11) is subjected to disciplinary action in another state or
2301	2301	16 jurisdiction on grounds similar to those contained in this chapter.
2302	2302	17 For purposes of this subdivision, a certified copy of a record of
2303	2303	18 disciplinary action constitutes prima facie evidence of a
2304	2304	19 disciplinary action in another jurisdiction;
2305	2305	20 (12) assists another person in committing an act that would
2306	2306	21 constitute a ground for disciplinary sanction under this chapter;
2307	2307	22 (13) allows a certificate or license issued by the commission to
2308	2308	23 be:
2309	2309	24 (A) used by another person; or
2310	2310	25 (B) displayed to the public when the certificate or license is
2311	2311	26 expired, inactive, invalid, revoked, or suspended; or
2312	2312	27 (14) fails to notify the department in writing of any misdemeanor
2313	2313	28 or felony criminal conviction, except traffic related misdemeanors
2314	2314	29 other than operating a motor vehicle under the influence of a drug
2315	2315	30 or alcohol, within ninety (90) days after the entry of an order or
2316	2316	31 judgment. A certified copy of the order or judgment with a letter
2317	2317	32 of explanation must be submitted to the department along with the
2318	2318	33 written notice.
2319	2319	34 (b) The department of homeland security may issue an order under
2320	2320	35 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
2321	2321	36 the department of homeland security determines that a certificate
2322	2322	37 holder or license holder is subject to disciplinary sanctions under
2323	2323	38 subsection (a):
2324	2324	39 (1) Revocation of a certificate holder's certificate or license
2325	2325	40 holder's license for a period not to exceed seven (7) years.
2326	2326	41 (2) Suspension of a certificate holder's certificate or license
2327	2327	42 holder's license for a period not to exceed seven (7) years.
2328	2328	2023 IN 1248—LS 6986/DI 106 55
2329	2329	1 (3) Censure of a certificate holder or license holder.
2330	2330	2 (4) Issuance of a letter of reprimand.
2331	2331	3 (5) Assessment of a civil penalty against the certificate holder or
2332	2332	4 license holder in accordance with the following:
2333	2333	5 (A) The civil penalty may not exceed five hundred dollars
2334	2334	6 ($500) per day per violation.
2335	2335	7 (B) If the certificate holder or license holder fails to pay the
2336	2336	8 civil penalty within the time specified by the department of
2337	2337	9 homeland security, the department of homeland security may
2338	2338	10 suspend the certificate holder's certificate or license holder's
2339	2339	11 license without additional proceedings.
2340	2340	12 (6) Placement of a certificate holder or license holder on
2341	2341	13 probation status and requirement of the certificate holder or
2342	2342	14 license holder to:
2343	2343	15 (A) report regularly to the department of homeland security
2344	2344	16 upon the matters that are the basis of probation;
2345	2345	17 (B) limit practice to those areas prescribed by the department
2346	2346	18 of homeland security;
2347	2347	19 (C) continue or renew professional education approved by the
2348	2348	20 department of homeland security until a satisfactory degree of
2349	2349	21 skill has been attained in those areas that are the basis of the
2350	2350	22 probation; or
2351	2351	23 (D) perform or refrain from performing any acts, including
2352	2352	24 community restitution or service without compensation, that
2353	2353	25 the department of homeland security considers appropriate to
2354	2354	26 the public interest or to the rehabilitation or treatment of the
2355	2355	27 certificate holder or license holder.
2356	2356	28 The department of homeland security may withdraw or modify
2357	2357	29 this probation if the department of homeland security finds after
2358	2358	30 a hearing that the deficiency that required disciplinary action is
2359	2359	31 remedied or that changed circumstances warrant a modification
2360	2360	32 of the order.
2361	2361	33 (c) If an applicant or a certificate holder or license holder has
2362	2362	34 engaged in or knowingly cooperated in fraud or material deception to
2363	2363	35 obtain a certificate or license, including cheating on the certification or
2364	2364	36 licensure examination, the department of homeland security may
2365	2365	37 rescind the certificate or license if it has been granted, void the
2366	2366	38 examination or other fraudulent or deceptive material, and prohibit the
2367	2367	39 applicant from reapplying for the certificate or license for a length of
2368	2368	40 time established by the department of homeland security.
2369	2369	41 (d) The department of homeland security may deny certification or
2370	2370	42 licensure to an applicant who would be subject to disciplinary sanctions
2371	2371	2023 IN 1248—LS 6986/DI 106 56
2372	2372	1 under subsection (b) if that person were a certificate holder or license
2373	2373	2 holder, has had disciplinary action taken against the applicant or the
2374	2374	3 applicant's certificate or license to practice in another state or
2375	2375	4 jurisdiction, or has practiced without a certificate or license in violation
2376	2376	5 of the law. A certified copy of the record of disciplinary action is
2377	2377	6 conclusive evidence of the other jurisdiction's disciplinary action.
2378	2378	7 (e) The department of homeland security may order a certificate
2379	2379	8 holder or license holder to submit to a reasonable physical or mental
2380	2380	9 examination if the certificate holder's or license holder's physical or
2381	2381	10 mental capacity to practice safely and competently is at issue in a
2382	2382	11 disciplinary proceeding. Failure to comply with a department of
2383	2383	12 homeland security order to submit to a physical or mental examination
2384	2384	13 makes a certificate holder or license holder liable to temporary
2385	2385	14 suspension under subsection (i).
2386	2386	15 (f) Except as provided under subsection (a), subsection (g), and
2387	2387	16 section 14.5 of this chapter, a certificate or license may not be denied,
2388	2388	17 revoked, or suspended because the applicant, certificate holder, or
2389	2389	18 license holder has been convicted of an offense. The acts from which
2390	2390	19 the applicant's, certificate holder's, or license holder's conviction
2391	2391	20 resulted may be considered as to whether the applicant or certificate
2392	2392	21 holder or license holder should be entrusted to serve the public in a
2393	2393	22 specific capacity.
2394	2394	23 (g) The department of homeland security may deny, suspend, or
2395	2395	24 revoke a certificate or license issued under this article if the individual
2396	2396	25 who holds or is applying for the certificate or license is convicted of
2397	2397	26 any of the following:
2398	2398	27 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2399	2399	28 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2400	2400	29 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2401	2401	30 (4) Fraudulently obtaining a controlled substance under
2402	2402	31 IC 35-48-4-7(c).
2403	2403	32 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2404	2404	33 committed before July 1, 2014) or Level 6 felony (for a crime
2405	2405	34 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2406	2406	35 (6) Dealing in paraphernalia as a Class D felony (for a crime
2407	2407	36 committed before July 1, 2014) or Level 6 felony (for a crime
2408	2408	37 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2409	2409	38 (7) Possession of paraphernalia as a Class D felony (for a crime
2410	2410	39 committed before July 1, 2014) or Level 6 felony (for a crime
2411	2411	40 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2412	2412	41 its amendment on July 1, 2015).
2413	2413	42 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2414	2414	2023 IN 1248—LS 6986/DI 106 57
2415	2415	1 D felony (for a crime committed before July 1, 2014) or Level 6
2416	2416	2 felony (for a crime committed after June 30, 2014) under
2417	2417	3 IC 35-48-4-11.
2418	2418	4 (9) A felony offense under IC 35-48-4 involving:
2419	2419	5 (A) possession of a synthetic drug (as defined in
2420	2420	6 IC 35-31.5-2-321);
2421	2421	7 (B) possession of a synthetic drug lookalike substance (as
2422	2422	8 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2423	2423	9 2019)) as a:
2424	2424	10 (i) Class D felony (for a crime committed before July 1,
2425	2425	11 2014); or
2426	2426	12 (ii) Level 6 felony (for a crime committed after June 30,
2427	2427	13 2014);
2428	2428	14 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
2429	2429	15 (C) possession of a controlled substance analog (as defined in
2430	2430	16 IC 35-48-1-9.3).
2431	2431	17 (10) Maintaining a common nuisance under IC 35-48-4-13
2432	2432	18 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2433	2433	19 controlled substance.
2434	2434	20 (11) An offense relating to registration, labeling, and prescription
2435	2435	21 forms under IC 35-48-4-14.
2436	2436	22 (h) A decision of the department of homeland security under
2437	2437	23 subsections (b) through (g) may be appealed to the commission under
2438	2438	24 IC 4-21.5-3-7.
2439	2439	25 (i) The department of homeland security may temporarily suspend
2440	2440	26 a certificate holder's certificate or license holder's license under
2441	2441	27 IC 4-21.5-4 before a final adjudication or during the appeals process if
2442	2442	28 the department of homeland security finds that a certificate holder or
2443	2443	29 license holder would represent a clear and immediate danger to the
2444	2444	30 public's health, safety, or property if the certificate holder or license
2445	2445	31 holder were allowed to continue to practice.
2446	2446	32 (j) On receipt of a complaint or information alleging that a person
2447	2447	33 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
2448	2448	34 or is engaging in a practice that is subject to disciplinary sanctions
2449	2449	35 under this chapter, the department of homeland security must initiate
2450	2450	36 an investigation against the person.
2451	2451	37 (k) The department of homeland security shall conduct a factfinding
2452	2452	38 investigation as the department of homeland security considers proper
2453	2453	39 in relation to the complaint.
2454	2454	40 (l) The department of homeland security may reinstate a certificate
2455	2455	41 or license that has been suspended under this section if the department
2456	2456	42 of homeland security is satisfied that the applicant is able to practice
2457	2457	2023 IN 1248—LS 6986/DI 106 58
2458	2458	1 with reasonable skill, competency, and safety to the public. As a
2459	2459	2 condition of reinstatement, the department of homeland security may
2460	2460	3 impose disciplinary or corrective measures authorized under this
2461	2461	4 chapter.
2462	2462	5 (m) The department of homeland security may not reinstate a
2463	2463	6 certificate or license that has been revoked under this chapter.
2464	2464	7 (n) The department of homeland security must be consistent in the
2465	2465	8 application of sanctions authorized in this chapter. Significant
2466	2466	9 departures from prior decisions involving similar conduct must be
2467	2467	10 explained in the department of homeland security's findings or orders.
2468	2468	11 (o) A certificate holder may not surrender the certificate holder's
2469	2469	12 certificate, and a license holder may not surrender the license holder's
2470	2470	13 license, without the written approval of the department of homeland
2471	2471	14 security, and the department of homeland security may impose any
2472	2472	15 conditions appropriate to the surrender or reinstatement of a
2473	2473	16 surrendered certificate or license.
2474	2474	17 (p) For purposes of this section, "certificate holder" means a person
2475	2475	18 who holds:
2476	2476	19 (1) an unlimited certificate;
2477	2477	20 (2) a limited or probationary certificate; or
2478	2478	21 (3) an inactive certificate.
2479	2479	22 (q) For purposes of this section, "license holder" means a person
2480	2480	23 who holds:
2481	2481	24 (1) an unlimited license;
2482	2482	25 (2) a limited or probationary license; or
2483	2483	26 (3) an inactive license.
2484	2484	27 SECTION 12. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
2485	2485	28 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2486	2486	29 JULY 1, 2023]: Sec. 14.5. The department of homeland security may
2487	2487	30 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
2488	2488	31 certification or licensure or permanently revoke a certificate or license
2489	2489	32 under procedures provided by section 14 of this chapter if the
2490	2490	33 individual who holds the certificate or license issued under this title is
2491	2491	34 convicted of any of the following:
2492	2492	35 (1) Dealing in a controlled substance resulting in death under
2493	2493	36 IC 35-42-1-1.5.
2494	2494	37 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2495	2495	38 IC 35-48-4-1.
2496	2496	39 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2497	2497	40 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2498	2498	41 (5) Dealing in a schedule I, II, or III controlled substance under
2499	2499	42 IC 35-48-4-2.
2500	2500	2023 IN 1248—LS 6986/DI 106 59
2501	2501	1 (6) Dealing in a schedule IV controlled substance under
2502	2502	2 IC 35-48-4-3.
2503	2503	3 (7) Dealing in a schedule V controlled substance under
2504	2504	4 IC 35-48-4-4.
2505	2505	5 (8) Dealing in a substance represented to be a controlled
2506	2506	6 substance under IC 35-48-4-4.5 (repealed).
2507	2507	7 (9) Knowingly or intentionally manufacturing, advertising,
2508	2508	8 distributing, or possessing with intent to manufacture, advertise,
2509	2509	9 or distribute a substance represented to be a controlled substance
2510	2510	10 under IC 35-48-4-4.6.
2511	2511	11 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2512	2512	12 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2513	2513	13 mislabeled low THC hemp extract as a felony under
2514	2514	14 IC 35-48-4-10.
2515	2515	15 (12) An offense under IC 35-48-4 involving the manufacture or
2516	2516	16 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2517	2517	17 synthetic drug lookalike substance (as defined in
2518	2518	18 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2519	2519	19 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2520	2520	20 substance analog (as defined in IC 35-48-1-9.3), or a substance
2521	2521	21 represented to be a controlled substance (as described in
2522	2522	22 IC 35-48-4-4.6).
2523	2523	23 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
2524	2524	24 SECTION 13. IC 16-42-27-2, AS AMENDED BY P.L.80-2019,
2525	2525	25 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2526	2526	26 JULY 1, 2023]: Sec. 2. (a) A prescriber may, directly or by standing
2527	2527	27 order, prescribe or dispense an overdose intervention drug without
2528	2528	28 examining the individual to whom it may be administered if all of the
2529	2529	29 following conditions are met:
2530	2530	30 (1) The overdose intervention drug is dispensed or prescribed to:
2531	2531	31 (A) a person at risk of experiencing an opioid-related
2532	2532	32 overdose; or
2533	2533	33 (B) a family member, a friend, or any other individual or entity
2534	2534	34 in a position to assist an individual who, there is reason to
2535	2535	35 believe, is at risk of experiencing an opioid-related overdose.
2536	2536	36 (2) The prescriber instructs the individual receiving the overdose
2537	2537	37 intervention drug or prescription to summon emergency services
2538	2538	38 either immediately before or immediately after administering the
2539	2539	39 overdose intervention drug to an individual experiencing an
2540	2540	40 opioid-related overdose.
2541	2541	41 (3) The prescriber provides education and training on drug
2542	2542	42 overdose response and treatment, including the administration of
2543	2543	2023 IN 1248—LS 6986/DI 106 60
2544	2544	1 an overdose intervention drug.
2545	2545	2 (4) The prescriber provides drug addiction treatment information
2546	2546	3 and referrals to drug treatment programs, including programs in
2547	2547	4 the local area and programs that offer medication assisted
2548	2548	5 treatment that includes a federal Food and Drug Administration
2549	2549	6 approved long acting, nonaddictive medication for the treatment
2550	2550	7 of opioid or alcohol dependence.
2551	2551	8 (b) A prescriber may provide a prescription of an overdose
2552	2552	9 intervention drug to an individual as a part of the individual's addiction
2553	2553	10 treatment plan.
2554	2554	11 (c) An individual described in subsection (a)(1) may administer an
2555	2555	12 overdose intervention drug to an individual who is suffering from an
2556	2556	13 overdose.
2557	2557	14 (d) An individual described in subsection (a)(1) may not be
2558	2558	15 considered to be practicing medicine without a license in violation of
2559	2559	16 IC 25-22.5-8-2, if the individual, acting in good faith, does the
2560	2560	17 following:
2561	2561	18 (1) Obtains the overdose intervention drug from a prescriber or
2562	2562	19 entity acting under a standing order issued by a prescriber.
2563	2563	20 (2) Administers the overdose intervention drug to an individual
2564	2564	21 who is experiencing an apparent opioid-related overdose.
2565	2565	22 (3) Attempts to summon emergency services either immediately
2566	2566	23 before or immediately after administering the overdose
2567	2567	24 intervention drug.
2568	2568	25 (e) An entity acting under a standing order issued by a prescriber
2569	2569	26 must do the following:
2570	2570	27 (1) Annually register with either the:
2571	2571	28 (A) state department; or
2572	2572	29 (B) local health department in the county where services will
2573	2573	30 be provided by the entity;
2574	2574	31 in a manner prescribed by the state department.
2575	2575	32 (2) Provide education and training on drug overdose response and
2576	2576	33 treatment, including the administration of an overdose
2577	2577	34 intervention drug.
2578	2578	35 (3) Provide drug addiction treatment information and referrals to
2579	2579	36 drug treatment programs, including programs in the local area and
2580	2580	37 programs that offer medication assisted treatment that includes a
2581	2581	38 federal Food and Drug Administration approved long acting,
2582	2582	39 nonaddictive medication for the treatment of opioid or alcohol
2583	2583	40 dependence.
2584	2584	41 (4) Submit an annual report to the state department containing:
2585	2585	42 (A) the number of sales of the overdose intervention drug
2586	2586	2023 IN 1248—LS 6986/DI 106 61
2587	2587	1 dispensed;
2588	2588	2 (B) the dates of sale of the overdose intervention drug
2589	2589	3 dispensed; and
2590	2590	4 (C) any additional information requested by the state
2591	2591	5 department.
2592	2592	6 (f) The state department shall ensure that a statewide standing order
2593	2593	7 for the dispensing of an overdose intervention drug in Indiana is issued
2594	2594	8 under this section. The state health commissioner or a designated
2595	2595	9 public health authority who is a licensed prescriber may, as part of the
2596	2596	10 individual's official capacity, issue a statewide standing order that may
2597	2597	11 be used for the dispensing of an overdose intervention drug under this
2598	2598	12 section. The immunity provided in IC 34-13-3-3 applies to an
2599	2599	13 individual described in this subsection.
2600	2600	14 (g) A law enforcement officer may not take an individual into
2601	2601	15 custody based solely on the commission of an offense described in
2602	2602	16 subsection (h), if the law enforcement officer, after making a
2603	2603	17 reasonable determination and considering the facts and surrounding
2604	2604	18 circumstances, reasonably believes that the individual:
2605	2605	19 (1) obtained the overdose intervention drug as described in
2606	2606	20 subsection (a)(1);
2607	2607	21 (2) complied with the provisions in subsection (d);
2608	2608	22 (3) administered an overdose intervention drug to an individual
2609	2609	23 who appeared to be experiencing an opioid-related overdose;
2610	2610	24 (4) provided:
2611	2611	25 (A) the individual's full name; and
2612	2612	26 (B) any other relevant information requested by the law
2613	2613	27 enforcement officer;
2614	2614	28 (5) remained at the scene with the individual who reasonably
2615	2615	29 appeared to be in need of medical assistance until emergency
2616	2616	30 medical assistance arrived;
2617	2617	31 (6) cooperated with emergency medical assistance personnel and
2618	2618	32 law enforcement officers at the scene; and
2619	2619	33 (7) came into contact with law enforcement because the
2620	2620	34 individual requested emergency medical assistance for another
2621	2621	35 individual who appeared to be experiencing an opioid-related
2622	2622	36 overdose.
2623	2623	37 (h) An individual who meets the criteria in subsection (g) is immune
2624	2624	38 from criminal prosecution for the following:
2625	2625	39 (1) IC 35-48-4-6 (possession of cocaine).
2626	2626	40 (2) IC 35-48-4-6.1 (possession of methamphetamine).
2627	2627	41 (3) IC 35-48-4-7 (possession of a controlled substance).
2628	2628	42 (4) IC 35-48-4-8.3 (possession of paraphernalia).
2629	2629	2023 IN 1248—LS 6986/DI 106 62
2630	2630	1 (5) IC 35-48-4-11 (possession of marijuana). salvia or
2631	2631	2 mislabeled low THC hemp extract).
2632	2632	3 (6) An offense under IC 35-48-4 involving possession of a
2633	2633	4 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2634	2634	5 controlled substance analog (as defined in IC 35-48-1-9.3), or
2635	2635	6 possession of a substance represented to be a controlled substance
2636	2636	7 (as described in IC 35-48-4-4.6).
2637	2637	8 SECTION 14. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
2638	2638	9 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2639	2639	10 JULY 1, 2023]: Sec. 8. (a) This section applies when a prosecuting
2640	2640	11 attorney knows that a licensed employee of a public school or a
2641	2641	12 nonpublic school has been convicted of an offense listed in subsection
2642	2642	13 (c). The prosecuting attorney shall immediately give written notice of
2643	2643	14 the conviction to the following:
2644	2644	15 (1) The secretary of education.
2645	2645	16 (2) Except as provided in subdivision (3), the superintendent of
2646	2646	17 the school corporation that employs the licensed employee or the
2647	2647	18 equivalent authority if a nonpublic school employs the licensed
2648	2648	19 employee.
2649	2649	20 (3) The presiding officer of the governing body of the school
2650	2650	21 corporation that employs the licensed employee, if the convicted
2651	2651	22 licensed employee is the superintendent of the school corporation.
2652	2652	23 (b) The superintendent of a school corporation, presiding officer of
2653	2653	24 the governing body, or equivalent authority for a nonpublic school shall
2654	2654	25 immediately notify the secretary of education when the individual
2655	2655	26 knows that a current or former licensed employee of the public school
2656	2656	27 or nonpublic school has been convicted of an offense listed in
2657	2657	28 subsection (c), or when the governing body or equivalent authority for
2658	2658	29 a nonpublic school takes any final action in relation to an employee
2659	2659	30 who engaged in any offense listed in subsection (c).
2660	2660	31 (c) Except as provided in section 8.5 of this chapter, the department
2661	2661	32 shall permanently revoke the license of a person who is known by the
2662	2662	33 department to have been convicted of any of the following:
2663	2663	34 (1) The following felonies:
2664	2664	35 (A) A sex crime under IC 35-42-4 (including criminal deviate
2665	2665	36 conduct (IC 35-42-4-2) (before its repeal)).
2666	2666	37 (B) Kidnapping (IC 35-42-3-2).
2667	2667	38 (C) Criminal confinement (IC 35-42-3-3).
2668	2668	39 (D) Incest (IC 35-46-1-3).
2669	2669	40 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
2670	2670	41 35-48-4-1).
2671	2671	42 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
2672	2672	2023 IN 1248—LS 6986/DI 106 63
2673	2673	1 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
2674	2674	2 (H) Dealing in a schedule I, II, or III controlled substance (IC
2675	2675	3 35-48-4-2).
2676	2676	4 (I) Dealing in a schedule IV controlled substance (IC
2677	2677	5 35-48-4-3).
2678	2678	6 (J) Dealing in a schedule V controlled substance (IC
2679	2679	7 35-48-4-4).
2680	2680	8 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
2681	2681	9 (L) Dealing in marijuana, hash oil, hashish, or salvia or
2682	2682	10 mislabeled low THC hemp extract as a felony (IC
2683	2683	11 35-48-4-10).
2684	2684	12 (M) An offense under IC 35-48-4 involving the manufacture
2685	2685	13 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2686	2686	14 synthetic drug lookalike substance (as defined in
2687	2687	15 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2688	2688	16 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
2689	2689	17 controlled substance analog (as defined in IC 35-48-1-9.3), or
2690	2690	18 a substance represented to be a controlled substance (as
2691	2691	19 described in IC 35-48-4-4.6).
2692	2692	20 (N) Homicide (IC 35-42-1).
2693	2693	21 (O) Voluntary manslaughter (IC 35-42-1-3).
2694	2694	22 (P) Reckless homicide (IC 35-42-1-5).
2695	2695	23 (Q) Battery as any of the following:
2696	2696	24 (i) A Class A felony (for a crime committed before July 1,
2697	2697	25 2014) or a Level 2 felony (for a crime committed after June
2698	2698	26 30, 2014).
2699	2699	27 (ii) A Class B felony (for a crime committed before July 1,
2700	2700	28 2014) or a Level 3 felony (for a crime committed after June
2701	2701	29 30, 2014).
2702	2702	30 (iii) A Class C felony (for a crime committed before July 1,
2703	2703	31 2014) or a Level 5 felony (for a crime committed after June
2704	2704	32 30, 2014).
2705	2705	33 (R) Aggravated battery (IC 35-42-2-1.5).
2706	2706	34 (S) Robbery (IC 35-42-5-1).
2707	2707	35 (T) Carjacking (IC 35-42-5-2) (before its repeal).
2708	2708	36 (U) Arson as a Class A felony or Class B felony (for a crime
2709	2709	37 committed before July 1, 2014) or as a Level 2, Level 3, or
2710	2710	38 Level 4 felony (for a crime committed after June 30, 2014) (IC
2711	2711	39 35-43-1-1(a)).
2712	2712	40 (V) Burglary as a Class A felony or Class B felony (for a crime
2713	2713	41 committed before July 1, 2014) or as a Level 1, Level 2, Level
2714	2714	42 3, or Level 4 felony (for a crime committed after June 30,
2715	2715	2023 IN 1248—LS 6986/DI 106 64
2716	2716	1 2014) (IC 35-43-2-1).
2717	2717	2 (W) Human trafficking (IC 35-42-3.5).
2718	2718	3 (X) Dealing in a controlled substance resulting in death (IC
2719	2719	4 35-42-1-1.5).
2720	2720	5 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
2721	2721	6 this subsection.
2722	2722	7 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
2723	2723	8 in this subsection.
2724	2724	9 (2) Public indecency (IC 35-45-4-1) committed:
2725	2725	10 (A) after June 30, 2003; or
2726	2726	11 (B) before July 1, 2003, if the person committed the offense
2727	2727	12 by, in a public place:
2728	2728	13 (i) engaging in sexual intercourse or other sexual conduct
2729	2729	14 (as defined in IC 35-31.5-2-221.5);
2730	2730	15 (ii) appearing in a state of nudity with the intent to arouse
2731	2731	16 the sexual desires of the person or another person, or being
2732	2732	17 at least eighteen (18) years of age, with the intent to be seen
2733	2733	18 by a child less than sixteen (16) years of age; or
2734	2734	19 (iii) fondling the person's genitals or the genitals of another
2735	2735	20 person.
2736	2736	21 (d) The department shall permanently revoke the license of a person
2737	2737	22 who is known by the department to have been convicted of a federal
2738	2738	23 offense or an offense in another state that is comparable to a felony or
2739	2739	24 misdemeanor listed in subsection (c).
2740	2740	25 (e) A license may be suspended by the secretary of education as
2741	2741	26 specified in IC 20-28-7.5.
2742	2742	27 (f) The department shall develop a data base of information on
2743	2743	28 school corporation employees who have been reported to the
2744	2744	29 department under this section.
2745	2745	30 (g) Upon receipt of information from the office of judicial
2746	2746	31 administration in accordance with IC 33-24-6-3 concerning persons
2747	2747	32 convicted of an offense listed in subsection (c), the department shall:
2748	2748	33 (1) cross check the information received from the office of
2749	2749	34 judicial administration with information concerning licensed
2750	2750	35 teachers (as defined in IC 20-18-2-22(b)) maintained by the
2751	2751	36 department; and
2752	2752	37 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
2753	2753	38 convicted of an offense described in subsection (c), revoke the
2754	2754	39 licensed teacher's license.
2755	2755	40 SECTION 15. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
2756	2756	41 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2757	2757	42 JULY 1, 2023]: Sec. 16. (a) A practitioner shall comply with the
2758	2758	2023 IN 1248—LS 6986/DI 106 65
2759	2759	1 standards established under this licensing program. A practitioner is
2760	2760	2 subject to the exercise of the disciplinary sanctions under subsection
2761	2761	3 (b) if the department finds that a practitioner has:
2762	2762	4 (1) engaged in or knowingly cooperated in fraud or material
2763	2763	5 deception in order to obtain a license to practice, including
2764	2764	6 cheating on a licensing examination;
2765	2765	7 (2) engaged in fraud or material deception in the course of
2766	2766	8 professional services or activities;
2767	2767	9 (3) advertised services or goods in a false or misleading manner;
2768	2768	10 (4) falsified or knowingly allowed another person to falsify
2769	2769	11 attendance records or certificates of completion of continuing
2770	2770	12 education courses provided under this chapter;
2771	2771	13 (5) been convicted of a crime that has a direct bearing on the
2772	2772	14 practitioner's ability to continue to practice competently;
2773	2773	15 (6) knowingly violated a state statute or rule or federal statute or
2774	2774	16 regulation regulating the profession for which the practitioner is
2775	2775	17 licensed;
2776	2776	18 (7) continued to practice although the practitioner has become
2777	2777	19 unfit to practice due to:
2778	2778	20 (A) professional incompetence;
2779	2779	21 (B) failure to keep abreast of current professional theory or
2780	2780	22 practice;
2781	2781	23 (C) physical or mental disability; or
2782	2782	24 (D) addiction to, abuse of, or severe dependency on alcohol or
2783	2783	25 other drugs that endanger the public by impairing a
2784	2784	26 practitioner's ability to practice safely;
2785	2785	27 (8) engaged in a course of lewd or immoral conduct in connection
2786	2786	28 with the delivery of services to the public;
2787	2787	29 (9) allowed the practitioner's name or a license issued under this
2788	2788	30 chapter to be used in connection with an individual or business
2789	2789	31 who renders services beyond the scope of that individual's or
2790	2790	32 business's training, experience, or competence;
2791	2791	33 (10) had disciplinary action taken against the practitioner or the
2792	2792	34 practitioner's license to practice in another state or jurisdiction on
2793	2793	35 grounds similar to those under this chapter;
2794	2794	36 (11) assisted another person in committing an act that would
2795	2795	37 constitute a ground for disciplinary sanction under this chapter;
2796	2796	38 or
2797	2797	39 (12) allowed a license issued by the department to be:
2798	2798	40 (A) used by another person; or
2799	2799	41 (B) displayed to the public when the license has expired, is
2800	2800	42 inactive, is invalid, or has been revoked or suspended.
2801	2801	2023 IN 1248—LS 6986/DI 106 66
2802	2802	1 For purposes of subdivision (10), a certified copy of a record of
2803	2803	2 disciplinary action constitutes prima facie evidence of a disciplinary
2804	2804	3 action in another jurisdiction.
2805	2805	4 (b) The department may impose one (1) or more of the following
2806	2806	5 sanctions if the department finds that a practitioner is subject to
2807	2807	6 disciplinary sanctions under subsection (a):
2808	2808	7 (1) Permanent revocation of a practitioner's license.
2809	2809	8 (2) Suspension of a practitioner's license.
2810	2810	9 (3) Censure of a practitioner.
2811	2811	10 (4) Issuance of a letter of reprimand.
2812	2812	11 (5) Assessment of a civil penalty against the practitioner in
2813	2813	12 accordance with the following:
2814	2814	13 (A) The civil penalty may not be more than one thousand
2815	2815	14 dollars ($1,000) for each violation listed in subsection (a),
2816	2816	15 except for a finding of incompetency due to a physical or
2817	2817	16 mental disability.
2818	2818	17 (B) When imposing a civil penalty, the department shall
2819	2819	18 consider a practitioner's ability to pay the amount assessed. If
2820	2820	19 the practitioner fails to pay the civil penalty within the time
2821	2821	20 specified by the department, the department may suspend the
2822	2822	21 practitioner's license without additional proceedings. However,
2823	2823	22 a suspension may not be imposed if the sole basis for the
2824	2824	23 suspension is the practitioner's inability to pay a civil penalty.
2825	2825	24 (6) Placement of a practitioner on probation status and
2826	2826	25 requirement of the practitioner to:
2827	2827	26 (A) report regularly to the department upon the matters that
2828	2828	27 are the basis of probation;
2829	2829	28 (B) limit practice to those areas prescribed by the department;
2830	2830	29 (C) continue or renew professional education approved by the
2831	2831	30 department until a satisfactory degree of skill has been attained
2832	2832	31 in those areas that are the basis of the probation; or
2833	2833	32 (D) perform or refrain from performing any acts, including
2834	2834	33 community restitution or service without compensation, that
2835	2835	34 the department considers appropriate to the public interest or
2836	2836	35 to the rehabilitation or treatment of the practitioner.
2837	2837	36 The department may withdraw or modify this probation if the
2838	2838	37 department finds after a hearing that the deficiency that required
2839	2839	38 disciplinary action has been remedied or that changed
2840	2840	39 circumstances warrant a modification of the order.
2841	2841	40 (c) If an applicant or a practitioner has engaged in or knowingly
2842	2842	41 cooperated in fraud or material deception to obtain a license to
2843	2843	42 practice, including cheating on the licensing examination, the
2844	2844	2023 IN 1248—LS 6986/DI 106 67
2845	2845	1 department may rescind the license if it has been granted, void the
2846	2846	2 examination or other fraudulent or deceptive material, and prohibit the
2847	2847	3 applicant from reapplying for the license for a length of time
2848	2848	4 established by the department.
2849	2849	5 (d) The department may deny licensure to an applicant who has had
2850	2850	6 disciplinary action taken against the applicant or the applicant's license
2851	2851	7 to practice in another state or jurisdiction or who has practiced without
2852	2852	8 a license in violation of the law. A certified copy of the record of
2853	2853	9 disciplinary action is conclusive evidence of the other jurisdiction's
2854	2854	10 disciplinary action.
2855	2855	11 (e) The department may order a practitioner to submit to a
2856	2856	12 reasonable physical or mental examination if the practitioner's physical
2857	2857	13 or mental capacity to practice safely and competently is at issue in a
2858	2858	14 disciplinary proceeding. Failure to comply with a department order to
2859	2859	15 submit to a physical or mental examination makes a practitioner liable
2860	2860	16 to temporary suspension under subsection (j).
2861	2861	17 (f) Except as provided under subsection (g) or (h), a license may not
2862	2862	18 be denied, revoked, or suspended because the applicant or holder has
2863	2863	19 been convicted of an offense. The acts from which the applicant's or
2864	2864	20 holder's conviction resulted may, however, be considered as to whether
2865	2865	21 the applicant or holder should be entrusted to serve the public in a
2866	2866	22 specific capacity.
2867	2867	23 (g) The department may deny, suspend, or revoke a license issued
2868	2868	24 under this chapter if the individual who holds the license is convicted
2869	2869	25 of any of the following:
2870	2870	26 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2871	2871	27 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2872	2872	28 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2873	2873	29 (4) Fraudulently obtaining a controlled substance under
2874	2874	30 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
2875	2875	31 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
2876	2876	32 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2877	2877	33 committed before July 1, 2014) or a Level 6 felony (for a crime
2878	2878	34 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2879	2879	35 (6) Dealing in paraphernalia as a Class D felony (for a crime
2880	2880	36 committed before July 1, 2014) or a Level 6 felony (for a crime
2881	2881	37 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2882	2882	38 (7) Possession of paraphernalia as a Class D felony (for a crime
2883	2883	39 committed before July 1, 2014) or a Level 6 felony (for a crime
2884	2884	40 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2885	2885	41 its amendment on July 1, 2015).
2886	2886	42 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2887	2887	2023 IN 1248—LS 6986/DI 106 68
2888	2888	1 D felony (for a crime committed before July 1, 2014) or a Level
2889	2889	2 6 felony (for a crime committed after June 30, 2014) under
2890	2890	3 IC 35-48-4-11.
2891	2891	4 (9) A felony offense under IC 35-48-4 involving possession of a
2892	2892	5 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2893	2893	6 controlled substance analog (as defined in IC 35-48-1-9.3), or
2894	2894	7 possession of a synthetic drug lookalike substance (as defined in
2895	2895	8 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
2896	2896	9 (A) Class D felony for a crime committed before July 1, 2014;
2897	2897	10 or
2898	2898	11 (B) Level 6 felony for a crime committed after June 30, 2014;
2899	2899	12 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
2900	2900	13 (10) Maintaining a common nuisance under IC 35-48-4-13
2901	2901	14 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2902	2902	15 controlled substance.
2903	2903	16 (11) An offense relating to registration, labeling, and prescription
2904	2904	17 forms under IC 35-48-4-14.
2905	2905	18 (h) The department shall deny, revoke, or suspend a license issued
2906	2906	19 under this chapter if the individual who holds the license is convicted
2907	2907	20 of any of the following:
2908	2908	21 (1) Dealing in a controlled substance resulting in death under
2909	2909	22 IC 35-42-1-1.5.
2910	2910	23 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
2911	2911	24 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2912	2912	25 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2913	2913	26 (5) Dealing in a schedule I, II, or III controlled substance under
2914	2914	27 IC 35-48-4-2.
2915	2915	28 (6) Dealing in a schedule IV controlled substance under
2916	2916	29 IC 35-48-4-3.
2917	2917	30 (7) Dealing in a schedule V controlled substance under
2918	2918	31 IC 35-48-4-4.
2919	2919	32 (8) Dealing in a substance represented to be a controlled
2920	2920	33 substance under IC 35-48-4-4.5 (repealed).
2921	2921	34 (9) Knowingly or intentionally manufacturing, advertising,
2922	2922	35 distributing, or possessing with intent to manufacture, advertise,
2923	2923	36 or distribute a substance represented to be a controlled substance
2924	2924	37 under IC 35-48-4-4.6.
2925	2925	38 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2926	2926	39 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2927	2927	40 mislabeled low THC hemp extract as a felony under
2928	2928	41 IC 35-48-4-10.
2929	2929	42 (12) An offense under IC 35-48-4 involving the manufacture or
2930	2930	2023 IN 1248—LS 6986/DI 106 69
2931	2931	1 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2932	2932	2 synthetic drug lookalike substance (as defined in
2933	2933	3 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2934	2934	4 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2935	2935	5 substance analog (as defined in IC 35-48-1-9.3), or a substance
2936	2936	6 represented to be a controlled substance (as described in
2937	2937	7 IC 35-48-4-4.6).
2938	2938	8 (13) A violation of any federal or state drug law or rule related to
2939	2939	9 wholesale legend drug distributors licensed under IC 25-26-14.
2940	2940	10 (i) A decision of the department under subsections (b) through (h)
2941	2941	11 may be appealed to the commission under IC 4-21.5-3-7.
2942	2942	12 (j) The department may temporarily suspend a practitioner's license
2943	2943	13 under IC 4-21.5-4 before a final adjudication or during the appeals
2944	2944	14 process if the department finds that a practitioner represents a clear and
2945	2945	15 immediate danger to the public's health, safety, or property if the
2946	2946	16 practitioner is allowed to continue to practice.
2947	2947	17 (k) On receipt of a complaint or an information alleging that a
2948	2948	18 person licensed under this chapter has engaged in or is engaging in a
2949	2949	19 practice that jeopardizes the public health, safety, or welfare, the
2950	2950	20 department shall initiate an investigation against the person.
2951	2951	21 (l) Any complaint filed with the office of the attorney general
2952	2952	22 alleging a violation of this licensing program shall be referred to the
2953	2953	23 department for summary review and for its general information and any
2954	2954	24 authorized action at the time of the filing.
2955	2955	25 (m) The department shall conduct a fact finding investigation as the
2956	2956	26 department considers proper in relation to the complaint.
2957	2957	27 (n) The department may reinstate a license that has been suspended
2958	2958	28 under this section if, after a hearing, the department is satisfied that the
2959	2959	29 applicant is able to practice with reasonable skill, safety, and
2960	2960	30 competency to the public. As a condition of reinstatement, the
2961	2961	31 department may impose disciplinary or corrective measures authorized
2962	2962	32 under this chapter.
2963	2963	33 (o) The department may not reinstate a license that has been
2964	2964	34 revoked under this chapter. An individual whose license has been
2965	2965	35 revoked under this chapter may not apply for a new license until seven
2966	2966	36 (7) years after the date of revocation.
2967	2967	37 (p) The department shall seek to achieve consistency in the
2968	2968	38 application of sanctions authorized in this chapter. Significant
2969	2969	39 departures from prior decisions involving similar conduct must be
2970	2970	40 explained in the department's findings or orders.
2971	2971	41 (q) A practitioner may petition the department to accept the
2972	2972	42 surrender of the practitioner's license instead of having a hearing before
2973	2973	2023 IN 1248—LS 6986/DI 106 70
2974	2974	1 the commission. The practitioner may not surrender the practitioner's
2975	2975	2 license without the written approval of the department, and the
2976	2976	3 department may impose any conditions appropriate to the surrender or
2977	2977	4 reinstatement of a surrendered license.
2978	2978	5 (r) A practitioner who has been subjected to disciplinary sanctions
2979	2979	6 may be required by the commission to pay the costs of the proceeding.
2980	2980	7 The practitioner's ability to pay shall be considered when costs are
2981	2981	8 assessed. If the practitioner fails to pay the costs, a suspension may not
2982	2982	9 be imposed solely upon the practitioner's inability to pay the amount
2983	2983	10 assessed. The costs are limited to costs for the following:
2984	2984	11 (1) Court reporters.
2985	2985	12 (2) Transcripts.
2986	2986	13 (3) Certification of documents.
2987	2987	14 (4) Photo duplication.
2988	2988	15 (5) Witness attendance and mileage fees.
2989	2989	16 (6) Postage.
2990	2990	17 (7) Expert witnesses.
2991	2991	18 (8) Depositions.
2992	2992	19 (9) Notarizations.
2993	2993	20 SECTION 16. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
2994	2994	21 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2995	2995	22 JULY 1, 2023]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
2996	2996	23 commission, or a committee may suspend, deny, or revoke a license or
2997	2997	24 certificate issued under this title by the board, the commission, or the
2998	2998	25 committee without an investigation by the office of the attorney general
2999	2999	26 if the individual who holds the license or certificate is convicted of any
3000	3000	27 of the following and the board, commission, or committee determines,
3001	3001	28 after the individual has appeared in person, that the offense affects the
3002	3002	29 individual's ability to perform the duties of the profession:
3003	3003	30 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
3004	3004	31 (2) Possession of methamphetamine under IC 35-48-4-6.1.
3005	3005	32 (3) Possession of a controlled substance under IC 35-48-4-7(a).
3006	3006	33 (4) Fraudulently obtaining a controlled substance under
3007	3007	34 IC 35-48-4-7(c).
3008	3008	35 (5) Manufacture of paraphernalia as a Class D felony (for a crime
3009	3009	36 committed before July 1, 2014) or a Level 6 felony (for a crime
3010	3010	37 committed after June 30, 2014) under IC 35-48-4-8.1(b).
3011	3011	38 (6) Dealing in paraphernalia as a Class D felony (for a crime
3012	3012	39 committed before July 1, 2014) or a Level 6 felony (for a crime
3013	3013	40 committed after June 30, 2014) under IC 35-48-4-8.5(b).
3014	3014	41 (7) Possession of paraphernalia as a Class D felony (for a crime
3015	3015	42 committed before July 1, 2014) or a Level 6 felony (for a crime
3016	3016	2023 IN 1248—LS 6986/DI 106 71
3017	3017	1 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
3018	3018	2 its amendment on July 1, 2015).
3019	3019	3 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
3020	3020	4 D felony (for a crime committed before July 1, 2014) or a Level
3021	3021	5 6 felony (for a crime committed after June 30, 2014) under
3022	3022	6 IC 35-48-4-11.
3023	3023	7 (9) A felony offense under IC 35-48-4 involving possession of a
3024	3024	8 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
3025	3025	9 controlled substance analog (as defined in IC 35-48-1-9.3), or
3026	3026	10 possession of a synthetic drug lookalike substance (as defined in
3027	3027	11 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
3028	3028	12 (A) Class D felony for a crime committed before July 1, 2014;
3029	3029	13 or
3030	3030	14 (B) Level 6 felony for a crime committed after June 30, 2014;
3031	3031	15 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
3032	3032	16 (10) Maintaining a common nuisance under IC 35-48-4-13
3033	3033	17 (repealed) or IC 35-45-1-5, if the common nuisance involves a
3034	3034	18 controlled substance.
3035	3035	19 (11) An offense relating to registration, labeling, and prescription
3036	3036	20 forms under IC 35-48-4-14.
3037	3037	21 (12) A sex crime under IC 35-42-4.
3038	3038	22 (13) A felony that reflects adversely on the individual's fitness to
3039	3039	23 hold a professional license.
3040	3040	24 SECTION 17. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
3041	3041	25 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3042	3042	26 JULY 1, 2023]: Sec. 3. A board, a commission, or a committee shall
3043	3043	27 revoke or suspend a license or certificate issued under this title by the
3044	3044	28 board, the commission, or the committee if the individual who holds
3045	3045	29 the license or certificate is convicted of any of the following:
3046	3046	30 (1) Dealing in a controlled substance resulting in death under
3047	3047	31 IC 35-42-1-1.5.
3048	3048	32 (2) Dealing in or manufacturing cocaine or a narcotic drug under
3049	3049	33 IC 35-48-4-1.
3050	3050	34 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
3051	3051	35 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
3052	3052	36 (5) Dealing in a schedule I, II, or III controlled substance under
3053	3053	37 IC 35-48-4-2.
3054	3054	38 (6) Dealing in a schedule IV controlled substance under
3055	3055	39 IC 35-48-4-3.
3056	3056	40 (7) Dealing in a schedule V controlled substance under
3057	3057	41 IC 35-48-4-4.
3058	3058	42 (8) Dealing in a substance represented to be a controlled
3059	3059	2023 IN 1248—LS 6986/DI 106 72
3060	3060	1 substance under IC 35-48-4-4.5 (before its repeal on July 1,
3061	3061	2 2019).
3062	3062	3 (9) Knowingly or intentionally manufacturing, advertising,
3063	3063	4 distributing, or possessing with intent to manufacture, advertise,
3064	3064	5 or distribute a substance represented to be a controlled substance
3065	3065	6 under IC 35-48-4-4.6.
3066	3066	7 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
3067	3067	8 (11) Dealing in marijuana, hash oil, hashish, or salvia or
3068	3068	9 mislabeled low THC hemp extract as a felony under
3069	3069	10 IC 35-48-4-10.
3070	3070	11 (12) An offense under IC 35-48-4 involving the manufacture or
3071	3071	12 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
3072	3072	13 synthetic drug lookalike substance (as defined in
3073	3073	14 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3074	3074	15 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
3075	3075	16 substance analog (as defined in IC 35-48-1-9.3), or a substance
3076	3076	17 represented to be a controlled substance (as described in
3077	3077	18 IC 35-48-4-4.6).
3078	3078	19 (13) A violation of any federal or state drug law or rule related to
3079	3079	20 wholesale legend drug distributors licensed under IC 25-26-14.
3080	3080	21 SECTION 18. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
3081	3081	22 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3082	3082	23 JULY 1, 2023]: Sec. 1. (a) The following may be seized:
3083	3083	24 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
3084	3084	25 or are intended for use by the person or persons in possession of
3085	3085	26 them to transport or in any manner to facilitate the transportation
3086	3086	27 of the following:
3087	3087	28 (A) A controlled substance for the purpose of committing,
3088	3088	29 attempting to commit, or conspiring to commit any of the
3089	3089	30 following:
3090	3090	31 (i) Dealing in or manufacturing cocaine or a narcotic drug
3091	3091	32 (IC 35-48-4-1).
3092	3092	33 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
3093	3093	34 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
3094	3094	35 (iv) Dealing in a schedule I, II, or III controlled substance
3095	3095	36 (IC 35-48-4-2).
3096	3096	37 (v) Dealing in a schedule IV controlled substance (IC
3097	3097	38 35-48-4-3).
3098	3098	39 (vi) Dealing in a schedule V controlled substance (IC
3099	3099	40 35-48-4-4).
3100	3100	41 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
3101	3101	42 (viii) Possession of cocaine or a narcotic drug (IC
3102	3102	2023 IN 1248—LS 6986/DI 106 73
3103	3103	1 35-48-4-6).
3104	3104	2 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
3105	3105	3 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
3106	3106	4 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
3107	3107	5 mislabeled low THC hemp extract (IC 35-48-4-10).
3108	3108	6 (xii) An offense under IC 35-48-4 involving a synthetic drug
3109	3109	7 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
3110	3110	8 substance (as defined in IC 35-31.5-2-321.5 (before its
3111	3111	9 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
3112	3112	10 repeal on July 1, 2019), a controlled substance analog (as
3113	3113	11 defined in IC 35-48-1-9.3), or a substance represented to be
3114	3114	12 a controlled substance (as described in IC 35-48-4-4.6).
3115	3115	13 (xiii) A violation of IC 7.1-8.
3116	3116	14 (B) Any stolen (IC 35-43-4-2) or converted property (IC
3117	3117	15 35-43-4-3) if the retail or repurchase value of that property is
3118	3118	16 one hundred dollars ($100) or more.
3119	3119	17 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
3120	3120	18 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
3121	3121	19 mass destruction (as defined in IC 35-31.5-2-354) used to
3122	3122	20 commit, used in an attempt to commit, or used in a conspiracy
3123	3123	21 to commit a felony terrorist offense (as defined in
3124	3124	22 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
3125	3125	23 furtherance of an act of terrorism (as defined by
3126	3126	24 IC 35-31.5-2-329).
3127	3127	25 (2) All money, negotiable instruments, securities, weapons,
3128	3128	26 communications devices, or any property used to commit, used in
3129	3129	27 an attempt to commit, or used in a conspiracy to commit a felony
3130	3130	28 terrorist offense (as defined in IC 35-50-2-18) or an offense under
3131	3131	29 IC 35-47 as part of or in furtherance of an act of terrorism or
3132	3132	30 commonly used as consideration for a violation of IC 35-48-4
3133	3133	31 (other than items subject to forfeiture under IC 16-42-20-5 or
3134	3134	32 IC 16-6-8.5-5.1, before its repeal):
3135	3135	33 (A) furnished or intended to be furnished by any person in
3136	3136	34 exchange for an act that is in violation of a criminal statute;
3137	3137	35 (B) used to facilitate any violation of a criminal statute; or
3138	3138	36 (C) traceable as proceeds of the violation of a criminal statute.
3139	3139	37 (3) Any portion of real or personal property purchased with
3140	3140	38 money that is traceable as a proceed of a violation of a criminal
3141	3141	39 statute.
3142	3142	40 (4) A vehicle that is used by a person to:
3143	3143	41 (A) commit, attempt to commit, or conspire to commit;
3144	3144	42 (B) facilitate the commission of; or
3145	3145	2023 IN 1248—LS 6986/DI 106 74
3146	3146	1 (C) escape from the commission of;
3147	3147	2 murder (IC 35-42-1-1), dealing in a controlled substance resulting
3148	3148	3 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
3149	3149	4 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
3150	3150	5 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
3151	3151	6 under IC 35-47 as part of or in furtherance of an act of terrorism.
3152	3152	7 (5) Real property owned by a person who uses it to commit any of
3153	3153	8 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
3154	3154	9 felony:
3155	3155	10 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
3156	3156	11 35-48-4-1).
3157	3157	12 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
3158	3158	13 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
3159	3159	14 (D) Dealing in a schedule I, II, or III controlled substance (IC
3160	3160	15 35-48-4-2).
3161	3161	16 (E) Dealing in a schedule IV controlled substance (IC
3162	3162	17 35-48-4-3).
3163	3163	18 (F) Dealing in marijuana, hash oil, hashish, or salvia or
3164	3164	19 mislabeled low THC hemp extract (IC 35-48-4-10).
3165	3165	20 (G) Dealing in a synthetic drug (as defined in
3166	3166	21 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
3167	3167	22 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
3168	3168	23 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
3169	3169	24 2019).
3170	3170	25 (H) Dealing in a controlled substance resulting in death (IC
3171	3171	26 35-42-1-1.5).
3172	3172	27 (6) Equipment and recordings used by a person to commit fraud
3173	3173	28 under IC 35-43-5.
3174	3174	29 (7) Recordings sold, rented, transported, or possessed by a person
3175	3175	30 in violation of IC 24-4-10.
3176	3176	31 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
3177	3177	32 defined by IC 35-45-6-1) that is the object of a corrupt business
3178	3178	33 influence violation (IC 35-45-6-2).
3179	3179	34 (9) Unlawful telecommunications devices (as defined in
3180	3180	35 IC 35-45-13-6) and plans, instructions, or publications used to
3181	3181	36 commit an offense under IC 35-45-13.
3182	3182	37 (10) Any equipment, including computer equipment and cellular
3183	3183	38 telephones, used for or intended for use in preparing,
3184	3184	39 photographing, recording, videotaping, digitizing, printing,
3185	3185	40 copying, or disseminating matter in violation of IC 35-42-4.
3186	3186	41 (11) Destructive devices used, possessed, transported, or sold in
3187	3187	42 violation of IC 35-47.5.
3188	3188	2023 IN 1248—LS 6986/DI 106 75
3189	3189	1 (12) Tobacco products that are sold in violation of IC 24-3-5,
3190	3190	2 tobacco products that a person attempts to sell in violation of
3191	3191	3 IC 24-3-5, and other personal property owned and used by a
3192	3192	4 person to facilitate a violation of IC 24-3-5.
3193	3193	5 (13) Property used by a person to commit counterfeiting or
3194	3194	6 forgery in violation of IC 35-43-5-2.
3195	3195	7 (14) After December 31, 2005, if a person is convicted of an
3196	3196	8 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
3197	3197	9 following real or personal property:
3198	3198	10 (A) Property used or intended to be used to commit, facilitate,
3199	3199	11 or promote the commission of the offense.
3200	3200	12 (B) Property constituting, derived from, or traceable to the
3201	3201	13 gross proceeds that the person obtained directly or indirectly
3202	3202	14 as a result of the offense.
3203	3203	15 (15) Except as provided in subsection (e), a vehicle used by a
3204	3204	16 person who operates the vehicle:
3205	3205	17 (A) while intoxicated, in violation of IC 9-30-5-1 through
3206	3206	18 IC 9-30-5-5, if in the previous five (5) years the person has two
3207	3207	19 (2) or more prior unrelated convictions for operating a motor
3208	3208	20 vehicle while intoxicated in violation of IC 9-30-5-1 through
3209	3209	21 IC 9-30-5-5; or
3210	3210	22 (B) on a highway while the person's driving privileges are
3211	3211	23 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
3212	3212	24 if in the previous five (5) years the person has two (2) or more
3213	3213	25 prior unrelated convictions for operating a vehicle while
3214	3214	26 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
3215	3215	27 If a court orders the seizure of a vehicle under this subdivision,
3216	3216	28 the court shall transmit an order to the bureau of motor vehicles
3217	3217	29 recommending that the bureau not permit a vehicle to be
3218	3218	30 registered in the name of the person whose vehicle was seized
3219	3219	31 until the person possesses a current driving license (as defined in
3220	3220	32 IC 9-13-2-41).
3221	3221	33 (16) Cannabis and cannabis products grown, processed, sold,
3222	3222	34 or offered for sale in violation of IC 7.1-8.
3223	3223	35 (16) (17) The following real or personal property:
3224	3224	36 (A) Property used or intended to be used to commit, facilitate,
3225	3225	37 or promote the commission of an offense specified in
3226	3226	38 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
3227	3227	39 IC 30-2-13-38(f).
3228	3228	40 (B) Property constituting, derived from, or traceable to the
3229	3229	41 gross proceeds that a person obtains directly or indirectly as a
3230	3230	42 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
3231	3231	2023 IN 1248—LS 6986/DI 106 76
3232	3232	1 IC 30-2-10-9(b), or IC 30-2-13-38(f).
3233	3233	2 (17) (18) Real or personal property, including a vehicle, that is
3234	3234	3 used by a person to:
3235	3235	4 (A) commit, attempt to commit, or conspire to commit;
3236	3236	5 (B) facilitate the commission of; or
3237	3237	6 (C) escape from the commission of;
3238	3238	7 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
3239	3239	8 trafficking) or IC 35-45-4-4 (promoting prostitution).
3240	3240	9 (b) A vehicle used by any person as a common or contract carrier in
3241	3241	10 the transaction of business as a common or contract carrier is not
3242	3242	11 subject to seizure under this section, unless it can be proven by a
3243	3243	12 preponderance of the evidence that the owner of the vehicle knowingly
3244	3244	13 permitted the vehicle to be used to engage in conduct that subjects it to
3245	3245	14 seizure under subsection (a).
3246	3246	15 (c) Equipment under subsection (a)(10) may not be seized unless it
3247	3247	16 can be proven by a preponderance of the evidence that the owner of the
3248	3248	17 equipment knowingly permitted the equipment to be used to engage in
3249	3249	18 conduct that subjects it to seizure under subsection (a)(10).
3250	3250	19 (d) Money, negotiable instruments, securities, weapons,
3251	3251	20 communications devices, or any property commonly used as
3252	3252	21 consideration for a violation of IC 35-48-4 found near or on a person
3253	3253	22 who is committing, attempting to commit, or conspiring to commit any
3254	3254	23 of the following offenses shall be admitted into evidence in an action
3255	3255	24 under this chapter as prima facie evidence that the money, negotiable
3256	3256	25 instrument, security, or other thing of value is property that has been
3257	3257	26 used or was to have been used to facilitate the violation of a criminal
3258	3258	27 statute or is the proceeds of the violation of a criminal statute:
3259	3259	28 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
3260	3260	29 death).
3261	3261	30 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
3262	3262	31 narcotic drug).
3263	3263	32 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
3264	3264	33 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
3265	3265	34 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
3266	3266	35 substance).
3267	3267	36 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
3268	3268	37 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
3269	3269	38 as a Level 4 felony.
3270	3270	39 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
3271	3271	40 Level 3, Level 4, or Level 5 felony.
3272	3272	41 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
3273	3273	42 3, Level 4, or Level 5 felony.
3274	3274	2023 IN 1248—LS 6986/DI 106 77
3275	3275	1 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
3276	3276	2 salvia or mislabeled low THC hemp extract) as a Level 5
3277	3277	3 felony.
3278	3278	4 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
3279	3279	5 in a synthetic drug or synthetic drug lookalike substance) as a
3280	3280	6 Level 5 felony or Level 6 felony (or as a Class C felony or Class
3281	3281	7 D felony under IC 35-48-4-10 before its amendment in 2013).
3282	3282	8 (e) A vehicle operated by a person who is not:
3283	3283	9 (1) an owner of the vehicle; or
3284	3284	10 (2) the spouse of the person who owns the vehicle;
3285	3285	11 is not subject to seizure under subsection (a)(15) unless it can be
3286	3286	12 proven by a preponderance of the evidence that the owner of the
3287	3287	13 vehicle knowingly permitted the vehicle to be used to engage in
3288	3288	14 conduct that subjects it to seizure under subsection (a)(15).
3289	3289	15 SECTION 19. IC 34-30-2.1-73.5 IS ADDED TO THE INDIANA
3290	3290	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
3291	3291	17 [EFFECTIVE JULY 1, 2023]: Sec. 73.5. IC 7.1-8-7-16 (Concerning
3292	3292	18 acts and omissions of the members of the cannabis commission and
3293	3293	19 their officers and employees).
3294	3294	20 SECTION 20. IC 35-31.5-2-185, AS AMENDED BY P.L.64-2022,
3295	3295	21 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3296	3296	22 JULY 1, 2023]: Sec. 185. (a) "Law enforcement officer" means:
3297	3297	23 (1) a police officer (including a tribal police officer and a
3298	3298	24 correctional police officer), sheriff, constable, marshal,
3299	3299	25 prosecuting attorney, special prosecuting attorney, special deputy
3300	3300	26 prosecuting attorney, the securities commissioner, or the inspector
3301	3301	27 general;
3302	3302	28 (2) a deputy of any of those persons;
3303	3303	29 (3) an investigator for a prosecuting attorney or for the inspector
3304	3304	30 general;
3305	3305	31 (4) a conservation officer;
3306	3306	32 (5) an enforcement officer of the alcohol and tobacco commission
3307	3307	33 or of the cannabis commission;
3308	3308	34 (6) an enforcement officer of the securities division of the office
3309	3309	35 of the secretary of state; or
3310	3310	36 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
3311	3311	37 control officer employed by the gaming control division under
3312	3312	38 IC 4-33-20.
3313	3313	39 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
3314	3314	40 includes an alcoholic beverage enforcement officer, as set forth in
3315	3315	41 IC 35-42-2-1.
3316	3316	42 (c) "Law enforcement officer", for purposes of IC 35-45-15,
3317	3317	2023 IN 1248—LS 6986/DI 106 78
3318	3318	1 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
3319	3319	2 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
3320	3320	3 IC 35-44.1-3-2, includes a school resource officer (as defined in
3321	3321	4 IC 20-26-18.2-1) and a school corporation police officer appointed
3322	3322	5 under IC 20-26-16.
3323	3323	6 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
3324	3324	7 meaning set forth in IC 35-40.5-1-1.
3325	3325	8 SECTION 21. IC 35-45-6-1, AS AMENDED BY P.L.25-2022,
3326	3326	9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3327	3327	10 JULY 1, 2023]: Sec. 1. (a) The definitions in this section apply
3328	3328	11 throughout this chapter.
3329	3329	12 (b) "Documentary material" means any document, drawing,
3330	3330	13 photograph, recording, or other tangible item containing compiled data
3331	3331	14 from which information can be either obtained or translated into a
3332	3332	15 usable form.
3333	3333	16 (c) "Enterprise" means:
3334	3334	17 (1) a sole proprietorship, corporation, limited liability company,
3335	3335	18 partnership, business trust, or governmental entity; or
3336	3336	19 (2) a union, an association, or a group, whether a legal entity or
3337	3337	20 merely associated in fact.
3338	3338	21 (d) "Pattern of racketeering activity" means engaging in at least two
3339	3339	22 (2) incidents of racketeering activity that have the same or similar
3340	3340	23 intent, result, accomplice, victim, or method of commission, or that are
3341	3341	24 otherwise interrelated by distinguishing characteristics that are not
3342	3342	25 isolated incidents. However, the incidents are a pattern of racketeering
3343	3343	26 activity only if at least one (1) of the incidents occurred after August
3344	3344	27 31, 1980, and if the last of the incidents occurred within five (5) years
3345	3345	28 after a prior incident of racketeering activity.
3346	3346	29 (e) "Racketeering activity" means to commit, to attempt to commit,
3347	3347	30 to conspire to commit a violation of, or aiding and abetting in a
3348	3348	31 violation of any of the following:
3349	3349	32 (1) A provision of IC 23-19, or of a rule or order issued under
3350	3350	33 IC 23-19.
3351	3351	34 (2) A violation of IC 35-45-9.
3352	3352	35 (3) A violation of IC 35-47.
3353	3353	36 (4) A violation of IC 35-49-3.
3354	3354	37 (5) Murder (IC 35-42-1-1).
3355	3355	38 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
3356	3356	39 felony after June 30, 2014 (IC 35-42-2-1).
3357	3357	40 (7) Kidnapping (IC 35-42-3-2).
3358	3358	41 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
3359	3359	42 (9) Child exploitation (IC 35-42-4-4).
3360	3360	2023 IN 1248—LS 6986/DI 106 79
3361	3361	1 (10) Robbery (IC 35-42-5-1).
3362	3362	2 (11) Carjacking (IC 35-42-5-2) (before its repeal).
3363	3363	3 (12) Arson (IC 35-43-1-1).
3364	3364	4 (13) Burglary (IC 35-43-2-1).
3365	3365	5 (14) Theft (IC 35-43-4-2).
3366	3366	6 (15) Receiving stolen property (IC 35-43-4-2) (before its
3367	3367	7 amendment on July 1, 2018).
3368	3368	8 (16) Forgery (IC 35-43-5-2).
3369	3369	9 (17) An offense under IC 35-43-5.
3370	3370	10 (18) Bribery (IC 35-44.1-1-2).
3371	3371	11 (19) Official misconduct (IC 35-44.1-1-1).
3372	3372	12 (20) Conflict of interest (IC 35-44.1-1-4).
3373	3373	13 (21) Perjury (IC 35-44.1-2-1).
3374	3374	14 (22) Obstruction of justice (IC 35-44.1-2-2).
3375	3375	15 (23) Intimidation (IC 35-45-2-1).
3376	3376	16 (24) Promoting prostitution (IC 35-45-4-4).
3377	3377	17 (25) Professional gambling (IC 35-45-5-3).
3378	3378	18 (26) Maintaining a professional gambling site (IC
3379	3379	19 35-45-5-3.5(b)).
3380	3380	20 (27) Promoting professional gambling (IC 35-45-5-4).
3381	3381	21 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
3382	3382	22 35-48-4-1).
3383	3383	23 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
3384	3384	24 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
3385	3385	25 (31) Dealing in a schedule I, II, or III controlled substance (IC
3386	3386	26 35-48-4-2).
3387	3387	27 (32) Dealing in a schedule IV controlled substance (IC
3388	3388	28 35-48-4-3).
3389	3389	29 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
3390	3390	30 (34) Dealing in marijuana, hash oil, hashish, or salvia or
3391	3391	31 mislabeled low THC hemp extract (IC 35-48-4-10).
3392	3392	32 (35) Money laundering (IC 35-45-15-5).
3393	3393	33 (36) A violation of IC 35-47.5-5.
3394	3394	34 (37) A violation of any of the following:
3395	3395	35 (A) IC 23-14-48-9.
3396	3396	36 (B) IC 30-2-9-7(b).
3397	3397	37 (C) IC 30-2-10-9(b).
3398	3398	38 (D) IC 30-2-13-38(f).
3399	3399	39 (38) Practice of law by a person who is not an attorney (IC
3400	3400	40 33-43-2-1).
3401	3401	41 (39) An offense listed in IC 35-48-4 involving the manufacture or
3402	3402	42 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
3403	3403	2023 IN 1248—LS 6986/DI 106 80
3404	3404	1 synthetic drug lookalike substance (as defined in
3405	3405	2 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3406	3406	3 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
3407	3407	4 substance analog (as defined in IC 35-48-1-9.3), or a substance
3408	3408	5 represented to be a controlled substance (as described in
3409	3409	6 IC 35-48-4-4.6).
3410	3410	7 (40) Dealing in a controlled substance resulting in death (IC
3411	3411	8 35-42-1-1.5).
3412	3412	9 SECTION 22. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
3413	3413	10 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3414	3414	11 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
3415	3415	12 (c), a person who operates a motorboat while:
3416	3416	13 (1) having an alcohol concentration equivalent (as defined in
3417	3417	14 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
3418	3418	15 per:
3419	3419	16 (A) one hundred (100) milliliters of the person's blood; or
3420	3420	17 (B) two hundred ten (210) liters of the person's breath;
3421	3421	18 (2) having a controlled substance listed in schedule I or II of
3422	3422	19 IC 35-48-2 or its metabolite in the person's body; or
3423	3423	20 (3) intoxicated;
3424	3424	21 commits a Class C misdemeanor.
3425	3425	22 (b) The offense is a Level 6 felony if:
3426	3426	23 (1) the person has a previous conviction under:
3427	3427	24 (A) IC 14-1-5 (repealed);
3428	3428	25 (B) IC 14-15-8-8 (repealed); or
3429	3429	26 (C) this chapter; or
3430	3430	27 (2) the offense results in serious bodily injury to another person.
3431	3431	28 (c) The offense is a Level 5 felony if the offense results in the death
3432	3432	29 or catastrophic injury of another person.
3433	3433	30 (d) It is a defense to a prosecution under subsection (a)(2) that:
3434	3434	31 (1) the accused person consumed the controlled substance in
3435	3435	32 accordance with a valid prescription or order of a practitioner (as
3436	3436	33 defined in IC 35-48-1-24) who acted in the course of the
3437	3437	34 practitioner's professional practice; or
3438	3438	35 (2) the:
3439	3439	36 (A) controlled substance is marijuana or a metabolite of
3440	3440	37 marijuana; and
3441	3441	38 (B) person was not intoxicated.
3442	3442	39 SECTION 23. IC 35-48-2-4, AS AMENDED BY P.L.10-2021,
3443	3443	40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3444	3444	41 JULY 1, 2023]: Sec. 4. (a) The controlled substances listed in this
3445	3445	42 section are included in schedule I.
3446	3446	2023 IN 1248—LS 6986/DI 106 81
3447	3447	1 (b) Opiates. Any of the following opiates, including their isomers,
3448	3448	2 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
3449	3449	3 specifically excepted by rule of the board or unless listed in another
3450	3450	4 schedule, whenever the existence of these isomers, esters, ethers, and
3451	3451	5 salts is possible within the specific chemical designation:
3452	3452	6 4-fluoroisobutyryl fentanyl
3453	3453	7 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
3454	3454	8 piperidinyl]-N-phenylacetamide) (9815)
3455	3455	9 Acetyl fentanyl (Other names include:
3456	3456	10 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
3457	3457	11 Acetylmethadol (9601)
3458	3458	12 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
3459	3459	13 N-phenylacrylamide
3460	3460	14 Allylprodine (9602)
3461	3461	15 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
3462	3462	16 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
3463	3463	17 Alphacetylmethadol (9603)
3464	3464	18 Alphameprodine (9604)
3465	3465	19 Alphamethadol (9605)
3466	3466	20 Alphamethylfentanyl (9814)
3467	3467	21 Benzethidine (9606)
3468	3468	22 Beta-hydroxy-3-methylfentanyl (9831). Other name:
3469	3469	23 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
3470	3470	24 ]-N-phenylpropanamide
3471	3471	25 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
3472	3472	26 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
3473	3473	27 Betacetylmethadol (9607)
3474	3474	28 Betameprodine (9608)
3475	3475	29 Betamethadol (9609)
3476	3476	30 Betaprodine (9611)
3477	3477	31 Clonitazene (9612)
3478	3478	32 Cyclopentyl fentanyl. Other name:
3479	3479	33 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
3480	3480	34 Dextromoramide (9613)
3481	3481	35 Diampromide (9615)
3482	3482	36 Diethylthiambutene (9616)
3483	3483	37 Difenoxin (9168)
3484	3484	38 Dimenoxadol (9617)
3485	3485	39 Dimepheptanol (9618)
3486	3486	40 Dimethylthiambutene (9619)
3487	3487	41 Dioxaphetyl butyrate (9621)
3488	3488	42 Dipipanone (9622)
3489	3489	2023 IN 1248—LS 6986/DI 106 82
3490	3490	1 Ethylmethylthiambutene (9623)
3491	3491	2 Etonitazene (9624)
3492	3492	3 Etoxeridine (9625)
3493	3493	4 Fentanyl related substances.
3494	3494	5 Furanyl fentanyl.
3495	3495	6 Furethidine (9626)
3496	3496	7 Hydroxypethidine (9627)
3497	3497	8 Isobutyryl fentanyl. Other name:
3498	3498	9 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
3499	3499	10 Isotonitazene. Other name: N,N-diethyl-2-
3500	3500	11 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
3501	3501	12 1-yl)ethan-1-amine)
3502	3502	13 Ketobemidone (9628)
3503	3503	14 Levomoramide (9629)
3504	3504	15 Levophenacylmorphan (9631)
3505	3505	16 Methoxyacetyl fentanyl. Other name:
3506	3506	17 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
3507	3507	18 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
3508	3508	19 piperidyl]-N-phenyl-propanimide](9813)
3509	3509	20 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
3510	3510	21 piperidinyl]-N-phenylpropanamide) (9833)
3511	3511	22 MDMB-4en-PINACA
3512	3512	23 4F-MDMB-BICA; 4-fluoro MDMB-BICA; 4F-MDMB-BUTICA;
3513	3513	24 Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
3514	3514	25 3-dimethyl-butanoate
3515	3515	26 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
3516	3516	27 Morpheridine (9632)
3517	3517	28 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
3518	3518	29 including any isomers, salts, or salts of isomers (9818)
3519	3519	30 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
3520	3520	31 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
3521	3521	32 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
3522	3522	33 (beta-hydroxythiofentanyl)
3523	3523	34 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
3524	3524	35 (para-chloroisobutyryl fentanyl)
3525	3525	36 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3526	3526	37 acetamide (ocfentanil)
3527	3527	38 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
3528	3528	39 (para-fluorobutyryl fentanyl)
3529	3529	40 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
3530	3530	41 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
3531	3531	42 fentanyl)
3532	3532	2023 IN 1248—LS 6986/DI 106 83
3533	3533	1 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
3534	3534	2 fentanyl)
3535	3535	3 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
3536	3536	4 (para-methoxybutyryl fentanyl)
3537	3537	5 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
3538	3538	6 (thenylfentanyl), including any isomers, salts, or salts of isomers
3539	3539	7 (9834)
3540	3540	8 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
3541	3541	9 fentanyl)
3542	3542	10 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
3543	3543	11 (cyclopentyl fentanyl)
3544	3544	12 Noracymethadol (9633)
3545	3545	13 Norlevorphanol (9634)
3546	3546	14 Normethadone (9635)
3547	3547	15 Norpipanone (9636)
3548	3548	16 Ocfentanil. Other name:
3549	3549	17 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3550	3550	18 acetamide
3551	3551	19 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
3552	3552	20 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
3553	3553	21 Para-chloroisobutyryl fentanyl. Other name:
3554	3554	22 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
3555	3555	23 Para-fluorobutyryl fentanyl. Other name:
3556	3556	24 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3557	3557	25 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
3558	3558	26 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
3559	3559	27 Para-methoxybutyryl fentanyl. Other name:
3560	3560	28 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3561	3561	29 Phenadoxone (9637)
3562	3562	30 Phenampromide (9638)
3563	3563	31 Phenomorphan (9647)
3564	3564	32 Phenoperidine (9641)
3565	3565	33 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
3566	3566	34 Piritramide (9642)
3567	3567	35 Proheptazine (9643)
3568	3568	36 Properidine (9644)
3569	3569	37 Propiram (9649)
3570	3570	38 Racemoramide (9645)
3571	3571	39 Tetrahydrofuranyl fentanyl. Other name:
3572	3572	40 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
3573	3573	41 oxamide
3574	3574	42 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
3575	3575	2023 IN 1248—LS 6986/DI 106 84
3576	3576	1 piperidinyl]-propanamide) (9835)
3577	3577	2 Tilidine (9750)
3578	3578	3 Trimeperidine (9646)
3579	3579	4 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
3580	3580	5 N-methyl- benzamide)
3581	3581	6 Valeryl fentanyl. Other name:
3582	3582	7 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
3583	3583	8 (c) Opium derivatives. Any of the following opium derivatives, their
3584	3584	9 salts, isomers, and salts of isomers, unless specifically excepted by rule
3585	3585	10 of the board or unless listed in another schedule, whenever the
3586	3586	11 existence of these salts, isomers, and salts of isomers is possible within
3587	3587	12 the specific chemical designation:
3588	3588	13 Acetorphine (9319)
3589	3589	14 Acetyldihydrocodeine (9051)
3590	3590	15 Benzylmorphine (9052)
3591	3591	16 Codeine methylbromide (9070)
3592	3592	17 Codeine-N-Oxide (9053)
3593	3593	18 Cyprenorphine (9054)
3594	3594	19 Desomorphine (9055)
3595	3595	20 Dihydromorphine (9145)
3596	3596	21 Drotebanol (9335)
3597	3597	22 Etorphine (except hydrochloride salt) (9056)
3598	3598	23 Heroin (9200)
3599	3599	24 Hydromorphinol (9301)
3600	3600	25 Methyldesorphine (9302)
3601	3601	26 Methyldihydromorphine (9304)
3602	3602	27 Morphine methylbromide (9305)
3603	3603	28 Morphine methylsulfonate (9306)
3604	3604	29 Morphine-N-Oxide (9307)
3605	3605	30 Myrophine (9308)
3606	3606	31 Nicocodeine (9309)
3607	3607	32 Nicomorphine (9312)
3608	3608	33 Normorphine (9313)
3609	3609	34 Pholcodine (9314)
3610	3610	35 Thebacon (9315)
3611	3611	36 (d) Hallucinogenic substances. Unless specifically excepted or
3612	3612	37 unless listed in another schedule, any material, compound, mixture, or
3613	3613	38 preparation which contains any quantity of the following
3614	3614	39 hallucinogenic, psychedelic, or psychogenic substances, their salts,
3615	3615	40 isomers, and salts of isomers whenever the existence of these salts,
3616	3616	41 isomers, and salts of isomers is possible within the specific chemical
3617	3617	42 designation (for purposes of this subsection only, the term "isomer"
3618	3618	2023 IN 1248—LS 6986/DI 106 85
3619	3619	1 includes the optical, position, and geometric isomers):
3620	3620	2 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
3621	3621	3 TCPy.
3622	3622	4 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
3623	3623	5 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
3624	3624	6 4-Bromo-2, 5-DMA.
3625	3625	7 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
3626	3626	8 or other names:
3627	3627	9 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
3628	3628	10 alpha-desmethyl DOB; 2C-B, Nexus.
3629	3629	11 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
3630	3630	12 DOET.
3631	3631	13 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
3632	3632	14 Other name: 2C-T-7.
3633	3633	15 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
3634	3634	16 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
3635	3635	17 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
3636	3636	18 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
3637	3637	19 PMA.
3638	3638	20 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
3639	3639	21 Name: MMDA.
3640	3640	22 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
3641	3641	23 isomers, salts, or salts of isomers (7439). Other name:
3642	3642	24 5-MeO-DIPT.
3643	3643	25 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
3644	3644	26 and other names: 4-methyl-2,
3645	3645	27 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
3646	3646	28 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
3647	3647	29 MDA.
3648	3648	30 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
3649	3649	31 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
3650	3650	32 phenethylamine; N-ethyl MDA; MDE; and MDEA.
3651	3651	33 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
3652	3652	34 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
3653	3653	35 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
3654	3654	36 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
3655	3655	37 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
3656	3656	38 (16) Alpha-methyltryptamine (7432). Other name: AMT.
3657	3657	39 (17) Bufotenine (7433). Some trade and other names:
3658	3658	40 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
3659	3659	41 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
3660	3660	42 5-hydroxy-N, N-dimethyltryptamine; mappine.
3661	3661	2023 IN 1248—LS 6986/DI 106 86
3662	3662	1 (18) Diethyltryptamine (7434). Some trade or other names: N,
3663	3663	2 N-Diethyltryptamine; DET.
3664	3664	3 (19) Dimethyltryptamine (7435). Some trade or other names:
3665	3665	4 DMT.
3666	3666	5 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
3667	3667	6 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
3668	3668	7 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
3669	3669	8 (21) Lysergic acid diethylamide (7315). Other name: LSD.
3670	3670	9 (22) Marijuana (7360).
3671	3671	10 (23) (22) Mescaline (7381).
3672	3672	11 (24) (23) Parahexyl (7374). Some trade or other names:
3673	3673	12 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
3674	3674	13 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
3675	3675	14 (25) (24) Peyote (7415), including:
3676	3676	15 (A) all parts of the plant that are classified botanically as
3677	3677	16 lophophora williamsii lemaire, whether growing or not;
3678	3678	17 (B) the seeds thereof;
3679	3679	18 (C) any extract from any part of the plant; and
3680	3680	19 (D) every compound, manufacture, salt, derivative, mixture, or
3681	3681	20 preparation of the plant, its seeds, or extracts.
3682	3682	21 (26) (25) N-ethyl-3-piperidyl benzilate (7482). Other name:
3683	3683	22 DMZ.
3684	3684	23 (27) (26) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
3685	3685	24 Other names: N-hydroxy-alpha-methyl-3,4
3686	3686	25 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
3687	3687	26 (28) (27) N-methyl-3-piperidyl benzilate (7484). Other name:
3688	3688	27 LBJ.
3689	3689	28 (29) (28) Psilocybin (7437).
3690	3690	29 (30) (29) Psilocyn (7438).
3691	3691	30 (31) (30) Tetrahydrocannabinols (7370), including synthetic
3692	3692	31 equivalents of the substances contained in the plant, or in the
3693	3693	32 resinous extractives of Cannabis, sp. and synthetic substances,
3694	3694	33 derivatives, and their isomers with similar chemical structure and
3695	3695	34 pharmacological activity such as:
3696	3696	35 (A) ð
3697	3697	1
3698	3698	cis or trans tetrahydrocannabinol, and their optical
3699	3699	36 isomers;
3700	3700	37 (B) ð
3701	3701	6
3702	3702	cis or trans tetrahydrocannabinol, and their optical
3703	3703	38 isomers; and
3704	3704	39 (C) ð
3705	3705	3,
3706	3706	4 cis or trans tetrahydrocannabinol, and their optical
3707	3707	40 isomers.
3708	3708	41 Since nomenclature of these substances is not internationally
3709	3709	42 standardized, compounds of these structures, regardless of
3710	3710	2023 IN 1248—LS 6986/DI 106 87
3711	3711	1 numerical designation of atomic positions are covered. Other
3712	3712	2 name: THC.
3713	3713	3 (32) (31) Ethylamine analog of phencyclidine (7455). Some trade
3714	3714	4 or other names: N-Ethyl-1-phenylcyclohexylamine;
3715	3715	5 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
3716	3716	6 ethylamine; cyclohexamine; PCE.
3717	3717	7 (33) (32) Pyrrolidine analog of phencyclidine (7458). Some trade
3718	3718	8 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
3719	3719	y; PHP.
3720	3720	9 (34) (33) Thiophene analog of phencyclidine (7470). Some trade
3721	3721	10 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
3722	3722	11 Analog of Phencyclidine; TPCP.
3723	3723	12 (35) (34) Salvia divinorum or salvinorin A, including:
3724	3724	13 (A) all parts of the plant that are classified botanically as salvia
3725	3725	14 divinorum, whether growing or not;
3726	3726	15 (B) the seeds of the plant;
3727	3727	16 (C) any extract from any part of the plant; and
3728	3728	17 (D) every compound, manufacture, salt, derivative, mixture, or
3729	3729	18 preparation of the plant, its seeds, or extracts.
3730	3730	19 (36) (35) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
3731	3731	20 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
3732	3732	21 5-MeO-DMT.
3733	3733	22 (37) (36) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
3734	3734	23 (38) (37) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
3735	3735	24 (39) (38) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
3736	3736	25 (40) (39) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
3737	3737	26 (41) (40) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
3738	3738	27 (2C-T-2).
3739	3739	28 (42) (41) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
3740	3740	29 (2C-T-4).
3741	3741	30 (43) (42) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
3742	3742	31 (44) (43) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
3743	3743	32 (45) (44) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
3744	3744	33 (2C-P).
3745	3745	34 (46) (45) Deschloroketamine (2-Phenyl-2-
3746	3746	35 (methylamino)cyclohexanone).
3747	3747	36 (47) (46) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
3748	3748	37 ethyltryptamine).
3749	3749	38 (48) (47) N-methyltryptamine (1H-Indole-3-ethanamine,
3750	3750	39 N-methyl-).
3751	3751	40 (e) Depressants. Unless specifically excepted in a rule adopted by
3752	3752	41 the board or unless listed in another schedule, any material, compound,
3753	3753	42 mixture, or preparation which contains any quantity of the following
3754	3754	2023 IN 1248—LS 6986/DI 106 88
3755	3755	1 substances having a depressant effect on the central nervous system,
3756	3756	2 including its salts, isomers, and salts of isomers whenever the existence
3757	3757	3 of such salts, isomers, and salts of isomers is possible within the
3758	3758	4 specific chemical designation:
3759	3759	5 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
3760	3760	6 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
3761	3761	7 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
3762	3762	8 Pasaden)
3763	3763	9 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
3764	3764	10 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
3765	3765	11 Gamma-hydroxybutyric acid (other names include GHB;
3766	3766	12 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
3767	3767	13 oxybate; sodium oxybutyrate) (2010)
3768	3768	14 Mecloqualone (2572)
3769	3769	15 Methaqualone (2565)
3770	3770	16 (f) Stimulants. Unless specifically excepted or unless listed in
3771	3771	17 another schedule, any material, compound, mixture, or preparation that
3772	3772	18 contains any quantity of the following substances having a stimulant
3773	3773	19 effect on the central nervous system, including its salts, isomers, and
3774	3774	20 salts of isomers:
3775	3775	21 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
3776	3776	22 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
3777	3777	23 Aminorex (1585). Other names: aminoxaphen;
3778	3778	24 2-amino-5-phenyl-2-oxazoline; or
3779	3779	25 4,5-dihydro-5-phenyl-2-oxazolamine.
3780	3780	26 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
3781	3781	27 -1-one. Synonyms: BMDP, N-benzyl methylone,
3782	3782	28 3,4-Methylenedioxy-Nbenzylcathinone,
3783	3783	29 N-benzyl-3,4-methylenedioxycathinone.
3784	3784	30 Cathinone (1235). Some trade or other names:
3785	3785	31 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
3786	3786	32 2-aminopropiophenone; and norephedrone.
3787	3787	33 Fenethylline (1503).
3788	3788	34 N-Benzylpiperazine (7493). Other names: BZP; and
3789	3789	35 1-benzylpiperazine.
3790	3790	36 N-ethylamphetamine (1475).
3791	3791	37 Methcathinone (1237). Some other trade names:
3792	3792	38 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
3793	3793	39 Monomethylpropion; UR 1431.
3794	3794	40 N, N-dimethylamphetamine (1480). Other names: N,
3795	3795	41 N-alpha-trimethyl-benzeneethanamine; and N,
3796	3796	42 N-alpha-trimethylphenethylamine.
3797	3797	2023 IN 1248—LS 6986/DI 106 89
3798	3798	1 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
3799	3799	2 SECTION 24. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
3800	3800	3 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3801	3801	4 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
3802	3802	5 sale, delivers, or finances the delivery of a raw material, an instrument,
3803	3803	6 a device, or other object that is intended to be or that is designed or
3804	3804	7 marketed to be used primarily for:
3805	3805	8 (1) ingesting, inhaling, or otherwise introducing into the human
3806	3806	9 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
3807	3807	10 controlled substance;
3808	3808	11 (2) testing the strength, effectiveness, or purity of marijuana, hash
3809	3809	12 oil, hashish, salvia, a synthetic drug, or a controlled substance;
3810	3810	13 (3) enhancing the effect of a controlled substance;
3811	3811	14 (4) manufacturing, compounding, converting, producing,
3812	3812	15 processing, or preparing marijuana, hash oil, hashish, salvia, a
3813	3813	16 synthetic drug, or a controlled substance;
3814	3814	17 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
3815	3815	18 synthetic drug, or a controlled substance by individuals; or
3816	3816	19 (6) any purpose announced or described by the seller that is in
3817	3817	20 violation of this chapter;
3818	3818	21 commits a Class A infraction for dealing in paraphernalia.
3819	3819	22 (b) A person who knowingly or intentionally violates subsection (a)
3820	3820	23 commits a Class A misdemeanor. However, the offense is a Level 6
3821	3821	24 felony if the person has a prior unrelated judgment or conviction under
3822	3822	25 this section.
3823	3823	26 (c) This section does not apply to the following:
3824	3824	27 (1) Items marketed for use in the preparation, compounding,
3825	3825	28 packaging, labeling, or other use of marijuana, hash oil, hashish,
3826	3826	29 salvia, a synthetic drug, or a controlled substance as an incident
3827	3827	30 to lawful research, teaching, or chemical analysis and not for sale.
3828	3828	31 (2) Items marketed for or historically and customarily used in
3829	3829	32 connection with the planting, propagating, cultivating, growing,
3830	3830	33 harvesting, manufacturing, compounding, converting, producing,
3831	3831	34 processing, preparing, testing, analyzing, packaging, repackaging,
3832	3832	35 storing, containing, concealing, injecting, ingesting, or inhaling
3833	3833	36 of tobacco or any other lawful substance.
3834	3834	37 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
3835	3835	38 a syringe or needle as part of a program under IC 16-41-7.5.
3836	3836	39 (4) Any entity or person that provides funding to a qualified entity
3837	3837	40 (as defined in IC 16-41-7.5-3) to operate a program described in
3838	3838	41 IC 16-41-7.5.
3839	3839	42 SECTION 25. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
3840	3840	2023 IN 1248—LS 6986/DI 106 90
3841	3841	1 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3842	3842	2 JULY 1, 2023]: Sec. 10. (a) A person who:
3843	3843	3 (1) knowingly or intentionally:
3844	3844	4 (A) manufactures;
3845	3845	5 (B) finances the manufacture of;
3846	3846	6 (C) delivers; or
3847	3847	7 (D) finances the delivery of;
3848	3848	8 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
3849	3849	9 (2) possesses, with intent to:
3850	3850	10 (A) manufacture;
3851	3851	11 (B) finance the manufacture of;
3852	3852	12 (C) deliver; or
3853	3853	13 (D) finance the delivery of;
3854	3854	14 marijuana, hash oil, hashish, or salvia, pure or adulterated;
3855	3855	15 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
3856	3856	16 misdemeanor, except as provided in subsections (b) through (d).
3857	3857	17 (b) A person may be convicted of an offense under subsection (a)(2)
3858	3858	18 only if:
3859	3859	19 (1) there is evidence in addition to the weight of the drug that the
3860	3860	20 person intended to manufacture, finance the manufacture of,
3861	3861	21 deliver, or finance the delivery of the drug; or
3862	3862	22 (2) the amount of the drug involved is at least
3863	3863	23 (A) ten (10) pounds, if the drug is marijuana; or
3864	3864	24 (B) three hundred (300) grams, if the drug is hash oil, hashish,
3865	3865	25 or salvia.
3866	3866	26 (c) The offense is a Level 6 felony if:
3867	3867	27 (1) the person has a prior conviction for a drug offense and the
3868	3868	28 amount of the drug involved is
3869	3869	29 (A) less than thirty (30) grams of marijuana; or
3870	3870	30 (B) less than five (5) grams of hash oil, hashish, or salvia; or
3871	3871	31 (2) the amount of the drug involved is
3872	3872	32 (A) at least thirty (30) grams but less than ten (10) pounds of
3873	3873	33 marijuana; or
3874	3874	34 (B) at least five (5) grams but less than three hundred (300)
3875	3875	35 grams of hash oil, hashish, or salvia.
3876	3876	36 (d) The offense is a Level 5 felony if:
3877	3877	37 (1) the person has a prior conviction for a drug dealing offense
3878	3878	38 and the amount of the drug involved is
3879	3879	39 (A) at least thirty (30) grams but less than ten (10) pounds of
3880	3880	40 marijuana; or
3881	3881	41 (B) at least five (5) grams but less than three hundred (300)
3882	3882	42 grams of hash oil, hashish, or salvia; or
3883	3883	2023 IN 1248—LS 6986/DI 106 91
3884	3884	1 (2) the:
3885	3885	2 (A) amount of the drug involved is
3886	3886	3 (i) at least ten (10) pounds of marijuana; or
3887	3887	4 (ii) at least three hundred (300) grams of hash oil, hashish,
3888	3888	5 or salvia; or
3889	3889	6 (B) offense involved a sale to a minor. or
3890	3890	7 (3) the:
3891	3891	8 (A) person is a retailer;
3892	3892	9 (B) marijuana, hash oil, hashish, or salvia is packaged in a
3893	3893	10 manner that appears to be low THC hemp extract; and
3894	3894	11 (C) person knew or reasonably should have known that the
3895	3895	12 product was marijuana, hash oil, hashish, or salvia.
3896	3896	13 (e) A retailer who:
3897	3897	14 (1) knowingly or intentionally:
3898	3898	15 (A) manufactures;
3899	3899	16 (B) finances the manufacture of;
3900	3900	17 (C) delivers; or
3901	3901	18 (D) finances the delivery of;
3902	3902	19 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3903	3903	20 that is packaged in a manner that appears to be low THC
3904	3904	21 hemp extract; or
3905	3905	22 (2) possesses, with intent to:
3906	3906	23 (A) manufacture;
3907	3907	24 (B) finance the manufacture of;
3908	3908	25 (C) deliver; or
3909	3909	26 (D) finance the delivery of;
3910	3910	27 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3911	3911	28 that is packaged in a manner that appears to be low THC
3912	3912	29 hemp extract;
3913	3913	30 commits dealing in mislabeled low THC hemp extract, a Level 5
3914	3914	31 felony, if the person knew or reasonably should have known that
3915	3915	32 the product was marijuana, hash oil, hashish, or salvia.
3916	3916	33 SECTION 26. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
3917	3917	34 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3918	3918	35 JULY 1, 2023]: Sec. 11. (a) A person who
3919	3919	36 (1) knowingly or intentionally possesses (pure or adulterated)
3920	3920	37 marijuana, hash oil, hashish, or salvia
3921	3921	38 (2) knowingly or intentionally grows or cultivates marijuana; or
3922	3922	39 (3) knowing that marijuana is growing on the person's premises,
3923	3923	40 fails to destroy the marijuana plants;
3924	3924	41 commits possession of marijuana, hash oil, hashish, or salvia, a Class
3925	3925	42 B misdemeanor, except as provided in subsections (b) through (c).
3926	3926	2023 IN 1248—LS 6986/DI 106 92
3927	3927	1 (b) The offense described in subsection (a) is a Class A
3928	3928	2 misdemeanor if
3929	3929	3 (1) the person has a prior conviction for a drug offense. or
3930	3930	4 (2) the:
3931	3931	5 (A) marijuana, hash oil, hashish, or salvia is packaged in a
3932	3932	6 manner that appears to be low THC hemp extract; and
3933	3933	7 (B) person knew or reasonably should have known that the
3934	3934	8 product was marijuana, hash oil, hashish, or salvia.
3935	3935	9 (c) The offense described in subsection (a) is a Level 6 felony if:
3936	3936	10 (1) the person has a prior conviction for a drug offense; and
3937	3937	11 (2) the person possesses
3938	3938	12 (A) at least thirty (30) grams of marijuana; or
3939	3939	13 (B) at least five (5) grams of hash oil, hashish, or salvia.
3940	3940	14 (d) A person who:
3941	3941	15 (1) knowingly or intentionally possesses (pure or adulterated)
3942	3942	16 marijuana, hash oil, hashish, or salvia; and
3943	3943	17 (2) the:
3944	3944	18 (A) marijuana, hash oil, hashish, or salvia is packaged in a
3945	3945	19 manner that appears to be low THC hemp extract; and
3946	3946	20 (B) person knew or reasonably should have known that the
3947	3947	21 product was marijuana, hash oil, hashish, or salvia;
3948	3948	22 commits possession of mislabeled low THC hemp extract, a Class
3949	3949	23 A misdemeanor.
3950	3950	24 SECTION 27. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
3951	3951	25 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3952	3952	26 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (i), (j), or
3953	3953	27 (l), or (m), in addition to any sentence imposed under this article for a
3954	3954	28 felony or misdemeanor, the court may, as a condition of probation or
3955	3955	29 without placing the person on probation, order the person to make
3956	3956	30 restitution to the victim of the crime, the victim's estate, or the family
3957	3957	31 of a victim who is deceased. The court shall base its restitution order
3958	3958	32 upon a consideration of:
3959	3959	33 (1) property damages of the victim incurred as a result of the
3960	3960	34 crime, based on the actual cost of repair (or replacement if repair
3961	3961	35 is inappropriate);
3962	3962	36 (2) medical and hospital costs incurred by the victim (before the
3963	3963	37 date of sentencing) as a result of the crime;
3964	3964	38 (3) the cost of medical laboratory tests to determine if the crime
3965	3965	39 has caused the victim to contract a disease or other medical
3966	3966	40 condition;
3967	3967	41 (4) earnings lost by the victim (before the date of sentencing) as
3968	3968	42 a result of the crime including earnings lost while the victim was
3969	3969	2023 IN 1248—LS 6986/DI 106 93
3970	3970	1 hospitalized or participating in the investigation or trial of the
3971	3971	2 crime; and
3972	3972	3 (5) funeral, burial, or cremation costs incurred by the family or
3973	3973	4 estate of a homicide victim as a result of the crime.
3974	3974	5 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
3975	3975	6 a judgment lien that:
3976	3976	7 (1) attaches to the property of the person subject to the order;
3977	3977	8 (2) may be perfected;
3978	3978	9 (3) may be enforced to satisfy any payment that is delinquent
3979	3979	10 under the restitution order by the person in whose favor the order
3980	3980	11 is issued or the person's assignee; and
3981	3981	12 (4) expires;
3982	3982	13 in the same manner as a judgment lien created in a civil proceeding.
3983	3983	14 (c) When a restitution order is issued under subsection (a), the
3984	3984	15 issuing court may order the person to pay the restitution, or part of the
3985	3985	16 restitution, directly to:
3986	3986	17 (1) the victim services division of the Indiana criminal justice
3987	3987	18 institute in an amount not exceeding:
3988	3988	19 (A) the amount of the award, if any, paid to the victim under
3989	3989	20 IC 5-2-6.1; and
3990	3990	21 (B) the cost of the reimbursements, if any, for emergency
3991	3991	22 services provided to the victim under IC 16-10-1.5 (before its
3992	3992	23 repeal) or IC 16-21-8; or
3993	3993	24 (2) a probation department that shall forward restitution or part of
3994	3994	25 restitution to:
3995	3995	26 (A) a victim of a crime;
3996	3996	27 (B) a victim's estate; or
3997	3997	28 (C) the family of a victim who is deceased.
3998	3998	29 The victim services division of the Indiana criminal justice institute
3999	3999	30 shall deposit the restitution it receives under this subsection in the
4000	4000	31 violent crime victims compensation fund established by IC 5-2-6.1-40.
4001	4001	32 (d) When a restitution order is issued under subsection (a), (i), (j),
4002	4002	33 or (l), or (m), the issuing court shall send a certified copy of the order
4003	4003	34 to the clerk of the circuit court in the county where the felony or
4004	4004	35 misdemeanor charge was filed. The restitution order must include the
4005	4005	36 following information:
4006	4006	37 (1) The name and address of the person that is to receive the
4007	4007	38 restitution.
4008	4008	39 (2) The amount of restitution the person is to receive.
4009	4009	40 Upon receiving the order, the clerk shall enter and index the order in
4010	4010	41 the circuit court judgment docket in the manner prescribed by
4011	4011	42 IC 33-32-3-2. The clerk shall also notify the department of insurance
4012	4012	2023 IN 1248—LS 6986/DI 106 94
4013	4013	1 of an order of restitution under subsection (i).
4014	4014	2 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
4015	4015	3 does not bar a civil action for:
4016	4016	4 (1) damages that the court did not require the person to pay to the
4017	4017	5 victim under the restitution order but arise from an injury or
4018	4018	6 property damage that is the basis of restitution ordered by the
4019	4019	7 court; and
4020	4020	8 (2) other damages suffered by the victim.
4021	4021	9 (f) Regardless of whether restitution is required under subsection (a)
4022	4022	10 as a condition of probation or other sentence, the restitution order is not
4023	4023	11 discharged by the completion of any probationary period or other
4024	4024	12 sentence imposed for a felony or misdemeanor.
4025	4025	13 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
4026	4026	14 not discharged by the liquidation of a person's estate by a receiver
4027	4027	15 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
4028	4028	16 IC 34-1-12, or IC 34-2-7 before their repeal).
4029	4029	17 (h) The attorney general may pursue restitution ordered by the court
4030	4030	18 under subsections (a) and (c) on behalf of the victim services division
4031	4031	19 of the Indiana criminal justice institute established under IC 5-2-6-8.
4032	4032	20 (i) The court may order the person convicted of an offense under
4033	4033	21 IC 35-43-9 to make restitution to the victim of the crime. The court
4034	4034	22 shall base its restitution order upon a consideration of the amount of
4035	4035	23 money that the convicted person converted, misappropriated, or
4036	4036	24 received, or for which the convicted person conspired. The restitution
4037	4037	25 order issued for a violation of IC 35-43-9 must comply with
4038	4038	26 subsections (b), (d), (e), and (g), and is not discharged by the
4039	4039	27 completion of any probationary period or other sentence imposed for
4040	4040	28 a violation of IC 35-43-9.
4041	4041	29 (j) The court may order the person convicted of an offense under
4042	4042	30 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
4043	4043	31 victim's estate, or the family of a victim who is deceased. The court
4044	4044	32 shall base its restitution order upon a consideration of the amount of
4045	4045	33 fraud or harm caused by the convicted person and any reasonable
4046	4046	34 expenses (including lost wages) incurred by the victim in correcting the
4047	4047	35 victim's credit report and addressing any other issues caused by the
4048	4048	36 commission of the offense under IC 35-43-5-3.5. If, after a person is
4049	4049	37 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
4050	4050	38 estate, or the family of a victim discovers or incurs additional expenses
4051	4051	39 that result from the convicted person's commission of the offense under
4052	4052	40 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
4053	4053	41 to require the convicted person to make restitution, even if the court
4054	4054	42 issued a restitution order at the time of sentencing. For purposes of
4055	4055	2023 IN 1248—LS 6986/DI 106 95
4056	4056	1 entering a restitution order after sentencing, a court has continuing
4057	4057	2 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
4058	4058	3 for five (5) years after the date of sentencing. Each restitution order
4059	4059	4 issued for a violation of IC 35-43-5-3.5 must comply with subsections
4060	4060	5 (b), (d), (e), and (g), and is not discharged by the completion of any
4061	4061	6 probationary period or other sentence imposed for an offense under
4062	4062	7 IC 35-43-5-3.5.
4063	4063	8 (k) The court shall order a person convicted of an offense under
4064	4064	9 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
4065	4065	10 equal to the greater of the following:
4066	4066	11 (1) The gross income or value to the person of the victim's labor
4067	4067	12 or services.
4068	4068	13 (2) The value of the victim's labor as guaranteed under the
4069	4069	14 minimum wage and overtime provisions of:
4070	4070	15 (A) the federal Fair Labor Standards Act of 1938, as amended
4071	4071	16 (29 U.S.C. 201-209); or
4072	4072	17 (B) IC 22-2-2 (Minimum Wage);
4073	4073	18 whichever is greater.
4074	4074	19 (l) The court shall order a person who:
4075	4075	20 (1) is convicted of dealing in methamphetamine under
4076	4076	21 IC 35-48-4-1.1 or manufacturing methamphetamine under
4077	4077	22 IC 35-48-4-1.2; and
4078	4078	23 (2) manufactured the methamphetamine on property owned by
4079	4079	24 another person, without the consent of the property owner;
4080	4080	25 to pay liquidated damages to the property owner in the amount of ten
4081	4081	26 thousand dollars ($10,000) or to pay actual damages to the property
4082	4082	27 owner, including lost rent and the costs of decontamination by a
4083	4083	28 qualified inspector certified under IC 16-19-3.1.
4084	4084	29 (m) The court shall order a person who:
4085	4085	30 (1) is convicted of dealing in marijuana under
4086	4086	31 IC 35-48-4-10(a)(1)(A); and
4087	4087	32 (2) manufactured the marijuana on property owned by another
4088	4088	33 person, without the consent of the property owner;
4089	4089	34 to pay liquidated damages to the property owner in the amount of two
4090	4090	35 thousand dollars ($2,000).
4091	4091	36 SECTION 28. IC 35-52-7-97 IS ADDED TO THE INDIANA
4092	4092	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
4093	4093	38 [EFFECTIVE JULY 1, 2023]: Sec. 97. IC 7.1-8-12-13 defines a crime
4094	4094	39 concerning cannabis.
4095	4095	40 SECTION 29. IC 35-52-7-98 IS ADDED TO THE INDIANA
4096	4096	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
4097	4097	42 [EFFECTIVE JULY 1, 2023]: Sec. 98. IC 7.1-8-14-9 defines a crime
4098	4098	2023 IN 1248—LS 6986/DI 106 96
4099	4099	1 concerning cannabis.
4100	4100	2 SECTION 30. IC 35-52-7-99 IS ADDED TO THE INDIANA
4101	4101	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4102	4102	4 [EFFECTIVE JULY 1, 2023]: Sec. 99. IC 7.1-8-15-5 defines a crime
4103	4103	5 concerning cannabis.
4104	4104	6 SECTION 31. IC 35-52-7-100 IS ADDED TO THE INDIANA
4105	4105	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
4106	4106	8 [EFFECTIVE JULY 1, 2023]: Sec. 100. IC 7.1-8-19-3 defines a crime
4107	4107	9 concerning cannabis.
4108	4108	10 SECTION 32. IC 35-52-7-101 IS ADDED TO THE INDIANA
4109	4109	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
4110	4110	12 [EFFECTIVE JULY 1, 2023]: Sec. 101. IC 7.1-8-19-4 defines a crime
4111	4111	13 concerning cannabis.
4112	4112	14 SECTION 33. IC 35-52-7-102 IS ADDED TO THE INDIANA
4113	4113	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
4114	4114	16 [EFFECTIVE JULY 1, 2023]: Sec. 102. IC 7.1-8-19-6 defines a crime
4115	4115	17 concerning cannabis.
4116	4116	18 SECTION 34. IC 36-1-8.5-4, AS AMENDED BY P.L.64-2022,
4117	4117	19 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4118	4118	20 JULY 1, 2023]: Sec. 4. As used in this chapter, "law enforcement
4119	4119	21 officer" means an individual who is employed or was formerly
4120	4120	22 employed as:
4121	4121	23 (1) a police officer (including a tribal police officer and a
4122	4122	24 correctional police officer), sheriff, constable, marshal,
4123	4123	25 prosecuting attorney, special prosecuting attorney, special deputy
4124	4124	26 prosecuting attorney, the securities commissioner, or the inspector
4125	4125	27 general;
4126	4126	28 (2) a deputy of any of the persons specified in subdivision (1);
4127	4127	29 (3) an investigator for a prosecuting attorney or for the inspector
4128	4128	30 general;
4129	4129	31 (4) a conservation officer;
4130	4130	32 (5) an enforcement officer of the alcohol and tobacco commission
4131	4131	33 or of the cannabis commission; or
4132	4132	34 (6) an enforcement officer of the securities division of the office
4133	4133	35 of the secretary of state.
4134	4134	2023 IN 1248—LS 6986/DI 106