Indiana 2023 Regular Session

Indiana House Bill HB1263 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. 1263
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-30-5; IC 16-18-2; IC 16-51; IC 35-46-9-6;
7	7	IC 35-48-4; IC 35-52-16.
8	8	Synopsis: Medical marijuana. Permits the use of medical marijuana
9	9	by persons with serious medical conditions as determined by their
10	10	physician. Establishes a medical marijuana program to permit the
11	11	cultivation, processing, testing, transportation, and dispensing of
12	12	medical marijuana by holders of a valid permit. Requires the Indiana
13	13	department of health (state department) to implement and enforce the
14	14	medical marijuana program. Requires that permit holders undertake
15	15	steps to prevent diversion of medical marijuana to unauthorized
16	16	persons. Requires that medical marijuana and medical marijuana
17	17	products be properly labeled, placed in child resistant packaging, and
18	18	tested by an independent testing laboratory before being made
19	19	available for purchase. Prohibits packaging medical marijuana in a
20	20	manner that is appealing to children. Authorizes research on medical
21	21	marijuana in accordance with rules set forth by the state department.
22	22	Prohibits discrimination against medical marijuana users. Prohibits
23	23	harassment of medical marijuana users by law enforcement officers,
24	24	and prohibits cooperation with federal law enforcement officials
25	25	seeking to enforce federal laws that criminalize the use of marijuana
26	26	authorized in Indiana. Establishes the medical marijuana oversight
27	27	board to review appeals and grievances concerning the medical
28	28	marijuana program. Provides a defense to prosecution for a person who
29	29	operates a vehicle or motorboat with marijuana or its metabolite in the
30	30	person's blood under certain conditions that involve medical marijuana.
31	31	Makes conforming amendments.
32	32	Effective: July 1, 2023.
33	33	Lucas
34	34	January 11, 2023, read first time and referred to Committee on Public Health.
35	35	2023 IN 1263—LS 6266/DI 106 Introduced
36	36	First Regular Session of the 123rd General Assembly (2023)
37	37	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
38	38	Constitution) is being amended, the text of the existing provision will appear in this style type,
39	39	additions will appear in this style type, and deletions will appear in this style type.
40	40	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
41	41	provision adopted), the text of the new provision will appear in this style type. Also, the
42	42	word NEW will appear in that style type in the introductory clause of each SECTION that adds
43	43	a new provision to the Indiana Code or the Indiana Constitution.
44	44	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
45	45	between statutes enacted by the 2022 Regular Session of the General Assembly.
46	46	HOUSE BILL No. 1263
47	47	A BILL FOR AN ACT to amend the Indiana Code concerning
48	48	criminal law and procedure.
49	49	Be it enacted by the General Assembly of the State of Indiana:
50	50	1 SECTION 1. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
51	51	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
52	52	3 JULY 1, 2023]: Sec. 1. (a) A person who operates a vehicle with an
53	53	4 alcohol concentration equivalent to at least eight-hundredths (0.08)
54	54	5 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
55	55	6 per:
56	56	7 (1) one hundred (100) milliliters of the person's blood; or
57	57	8 (2) two hundred ten (210) liters of the person's breath;
58	58	9 commits a Class C misdemeanor.
59	59	10 (b) A person who operates a vehicle with an alcohol concentration
60	60	11 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
61	61	12 (1) one hundred (100) milliliters of the person's blood; or
62	62	13 (2) two hundred ten (210) liters of the person's breath;
63	63	14 commits a Class A misdemeanor.
64	64	15 (c) A person who operates a vehicle with a controlled substance
65	65	16 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
66	66	17 blood commits a Class C misdemeanor.
67	67	2023 IN 1263—LS 6266/DI 106 2
68	68	1 (d) It is a defense to subsection (c) that:
69	69	2 (1) the accused person consumed the controlled substance in
70	70	3 accordance with a valid prescription or order of a practitioner (as
71	71	4 defined in IC 35-48-1) who acted in the course of the
72	72	5 practitioner's professional practice; or
73	73	6 (2) the:
74	74	7 (A) controlled substance is marijuana or a metabolite of
75	75	8 marijuana;
76	76	9 (B) person was not intoxicated;
77	77	10 (C) person did not cause a traffic accident; and
78	78	11 (D) substance was identified by means of a chemical test taken
79	79	12 pursuant to IC 9-30-7; or
80	80	13 (3) the:
81	81	14 (A) controlled substance is marijuana or a metabolite of
82	82	15 marijuana;
83	83	16 (B) accused person is a person authorized to use medical
84	84	17 marijuana under IC 16-51; and
85	85	18 (C) accused person used the medical marijuana in
86	86	19 substantial compliance with the requirements of IC 16-51.
87	87	20 SECTION 2. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
88	88	21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
89	89	22 JULY 1, 2023]: Sec. 4. (a) A person who causes serious bodily injury
90	90	23 to another person when operating a vehicle:
91	91	24 (1) with an alcohol concentration equivalent to at least
92	92	25 eight-hundredths (0.08) gram of alcohol per:
93	93	26 (A) one hundred (100) milliliters of the person's blood; or
94	94	27 (B) two hundred ten (210) liters of the person's breath;
95	95	28 (2) with a controlled substance listed in schedule I or II of
96	96	29 IC 35-48-2 or its metabolite in the person's blood; or
97	97	30 (3) while intoxicated;
98	98	31 commits a Level 5 felony. However, the offense is a Level 4 felony if
99	99	32 the person has a previous conviction of operating while intoxicated
100	100	33 within the five (5) years preceding the commission of the offense.
101	101	34 (b) A person who violates subsection (a) commits a separate offense
102	102	35 for each person whose serious bodily injury is caused by the violation
103	103	36 of subsection (a).
104	104	37 (c) It is a defense under subsection (a)(2) that:
105	105	38 (1) the accused person consumed the controlled substance in
106	106	39 accordance with a valid prescription or order of a practitioner (as
107	107	40 defined in IC 35-48-1) who acted in the course of the
108	108	41 practitioner's professional practice; or
109	109	42 (2) the:
110	110	2023 IN 1263—LS 6266/DI 106 3
111	111	1 (A) controlled substance is marijuana or a metabolite of
112	112	2 marijuana;
113	113	3 (B) accused person is a person authorized to use medical
114	114	4 marijuana under IC 16-51; and
115	115	5 (C) accused person used the medical marijuana in
116	116	6 substantial compliance with the requirements of IC 16-51.
117	117	7 SECTION 3. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
118	118	8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119	119	9 JULY 1, 2023]: Sec. 5. (a) A person who causes the death or
120	120	10 catastrophic injury of another person when operating a vehicle:
121	121	11 (1) with an alcohol concentration equivalent to at least
122	122	12 eight-hundredths (0.08) gram of alcohol per:
123	123	13 (A) one hundred (100) milliliters of the person's blood; or
124	124	14 (B) two hundred ten (210) liters of the person's breath;
125	125	15 (2) with a controlled substance listed in schedule I or II of
126	126	16 IC 35-48-2 or its metabolite in the person's blood; or
127	127	17 (3) while intoxicated;
128	128	18 commits a Level 4 felony.
129	129	19 (b) A person who causes the death of a law enforcement animal (as
130	130	20 defined in IC 35-46-3-4.5) when operating a vehicle:
131	131	21 (1) with an alcohol concentration equivalent to at least
132	132	22 eight-hundredths (0.08) gram of alcohol per:
133	133	23 (A) one hundred (100) milliliters of the person's blood; or
134	134	24 (B) two hundred ten (210) liters of the person's breath; or
135	135	25 (2) with a controlled substance listed in schedule I or II of
136	136	26 IC 35-48-2 or its metabolite in the person's blood;
137	137	27 commits a Level 6 felony.
138	138	28 (c) A person who commits an offense under subsection (a) or (b)
139	139	29 commits a separate offense for each person or law enforcement animal
140	140	30 whose death (or catastrophic injury, in the case of a person) is caused
141	141	31 by the violation of subsection (a) or (b).
142	142	32 (d) It is a defense under subsection (a) or (b) that:
143	143	33 (1) the person accused of causing the death or catastrophic injury
144	144	34 of another person or the death of a law enforcement animal when
145	145	35 operating a vehicle with a controlled substance listed in schedule
146	146	36 I or II of IC 35-48-2 or its metabolite in the person's blood
147	147	37 consumed the controlled substance in accordance with a valid
148	148	38 prescription or order of a practitioner (as defined in IC 35-48-1)
149	149	39 who acted in the course of the practitioner's professional practice;
150	150	40 or
151	151	41 (2) the:
152	152	42 (A) controlled substance is marijuana or a metabolite of
153	153	2023 IN 1263—LS 6266/DI 106 4
154	154	1 marijuana;
155	155	2 (B) accused person is a person authorized to use medical
156	156	3 marijuana under IC 16-51; and
157	157	4 (C) accused person used the medical marijuana in
158	158	5 substantial compliance with the requirements of IC 16-51.
159	159	6 SECTION 4. IC 16-18-2-48.8 IS ADDED TO THE INDIANA
160	160	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
161	161	8 [EFFECTIVE JULY 1, 2023]: Sec. 48.8. "Caregiver", for purposes
162	162	9 of IC 16-51, has the meaning set forth in IC 16-51-1-1.
163	163	10 SECTION 5. IC 16-18-2-92.6, AS AMENDED BY P.L.101-2006,
164	164	11 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
165	165	12 JULY 1, 2023]: Sec. 92.6. (a) "Department", for purposes of
166	166	13 IC 16-31-8.5, has the meaning set forth in IC 16-31-8.5-1.
167	167	14 (b) "Department", for purposes of IC 16-47-1, has the meaning set
168	168	15 forth in IC 16-47-1-1.
169	169	16 (c) "Department", for purposes of IC 16-51, has the meaning set
170	170	17 forth in IC 16-51-1-1.
171	171	18 SECTION 6. IC 16-18-2-96.6 IS ADDED TO THE INDIANA
172	172	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
173	173	20 [EFFECTIVE JULY 1, 2023]: Sec. 96.6. "Dispensary", for purposes
174	174	21 of IC 16-51, has the meaning set forth in IC 16-51-1-1.
175	175	22 SECTION 7. IC 16-18-2-122.6 IS ADDED TO THE INDIANA
176	176	23 CODE AS A NEW SECTION TO READ AS FOLLOWS
177	177	24 [EFFECTIVE JULY 1, 2023]: Sec. 122.6. "Family or household
178	178	25 member", for purposes of IC 16-51, has the meaning set forth in
179	179	26 IC 16-51-1-1.
180	180	27 SECTION 8. IC 16-18-2-139.6 IS ADDED TO THE INDIANA
181	181	28 CODE AS A NEW SECTION TO READ AS FOLLOWS
182	182	29 [EFFECTIVE JULY 1, 2023]: Sec. 139.6. "Form of medical
183	183	30 marijuana", for purposes of IC 16-51, has the meaning set forth in
184	184	31 IC 16-51-1-1.
185	185	32 SECTION 9. IC 16-18-2-154.5 IS ADDED TO THE INDIANA
186	186	33 CODE AS A NEW SECTION TO READ AS FOLLOWS
187	187	34 [EFFECTIVE JULY 1, 2023]: Sec. 154.5. "Grower", for purposes of
188	188	35 IC 16-51, has the meaning set forth in IC 16-51-1-1.
189	189	36 SECTION 10. IC 16-18-2-185.5 IS ADDED TO THE INDIANA
190	190	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
191	191	38 [EFFECTIVE JULY 1, 2023]: Sec. 185.5. "Identification card", for
192	192	39 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1.
193	193	40 SECTION 11. IC 16-18-2-190.8 IS ADDED TO THE INDIANA
194	194	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
195	195	42 [EFFECTIVE JULY 1, 2023]: Sec. 190.8. "INSPECT", for purposes
196	196	2023 IN 1263—LS 6266/DI 106 5
197	197	1 of IC 16-51, has the meaning set forth in IC 16-51-1-1.
198	198	2 SECTION 12. IC 16-18-2-216.5 IS ADDED TO THE INDIANA
199	199	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
200	200	4 [EFFECTIVE JULY 1, 2023]: Sec. 216.5. "Marijuana", for purposes
201	201	5 of IC 16-51, has the meaning set forth in IC 16-51-1-1.
202	202	6 SECTION 13. IC 16-18-2-223.8 IS ADDED TO THE INDIANA
203	203	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
204	204	8 [EFFECTIVE JULY 1, 2023]: Sec. 223.8. "Medical marijuana", for
205	205	9 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1.
206	206	10 SECTION 14. IC 16-18-2-223.9 IS ADDED TO THE INDIANA
207	207	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
208	208	12 [EFFECTIVE JULY 1, 2023]: Sec. 223.9. "Medical marijuana
209	209	13 organization", for purposes of IC 16-51, has the meaning set forth
210	210	14 in IC 16-51-1-1.
211	211	15 SECTION 15. IC 16-18-2-272, AS AMENDED BY P.L.153-2018,
212	212	16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
213	213	17 JULY 1, 2023]: Sec. 272. (a) "Patient", for purposes of IC 16-27-1, has
214	214	18 the meaning set forth in IC 16-27-1-6.
215	215	19 (b) "Patient", for purposes of IC 16-28 and IC 16-29, means an
216	216	20 individual who has been accepted and assured care by a health facility.
217	217	21 (c) "Patient", for purposes of IC 16-36-1.5, has the meaning set forth
218	218	22 in IC 16-36-1.5-3.
219	219	23 (d) "Patient", for purposes of IC 16-39, means an individual who has
220	220	24 received health care services from a provider for the examination,
221	221	25 treatment, diagnosis, or prevention of a physical or mental condition.
222	222	26 (e) "Patient", for purposes of IC 16-51, has the meaning set
223	223	27 forth in IC 16-51-1-1.
224	224	28 SECTION 16. IC 16-18-2-273.7 IS ADDED TO THE INDIANA
225	225	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
226	226	30 [EFFECTIVE JULY 1, 2023]: Sec. 273.7. "Permit", for purposes of
227	227	31 IC 16-51, has the meaning set forth in IC 16-51-1-1.
228	228	32 SECTION 17. IC 16-18-2-293.7 IS ADDED TO THE INDIANA
229	229	33 CODE AS A NEW SECTION TO READ AS FOLLOWS
230	230	34 [EFFECTIVE JULY 1, 2023]: Sec. 293.7. "Processor", for purposes
231	231	35 of IC 16-51, has the meaning set forth in IC 16-51-1-1.
232	232	36 SECTION 18. IC 16-18-2-328.7 IS ADDED TO THE INDIANA
233	233	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
234	234	38 [EFFECTIVE JULY 1, 2023]: Sec. 328.7. "Serious medical
235	235	39 condition", for purposes of IC 16-51, has the meaning set forth in
236	236	40 IC 16-51-1-1.
237	237	41 SECTION 19. IC 16-18-2-351.7 IS ADDED TO THE INDIANA
238	238	42 CODE AS A NEW SECTION TO READ AS FOLLOWS
239	239	2023 IN 1263—LS 6266/DI 106 6
240	240	1 [EFFECTIVE JULY 1, 2023]: Sec. 351.7. "Testing laboratory", for
241	241	2 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1.
242	242	3 SECTION 20. IC 16-18-2-354.2 IS ADDED TO THE INDIANA
243	243	4 CODE AS A NEW SECTION TO READ AS FOLLOWS
244	244	5 [EFFECTIVE JULY 1, 2023]: Sec. 354.2. "Transporter", for
245	245	6 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1.
246	246	7 SECTION 21. IC 16-51 IS ADDED TO THE INDIANA CODE AS
247	247	8 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
248	248	9 2023]:
249	249	10 ARTICLE 51. MEDICAL MARIJUANA
250	250	11 Chapter 1. Definitions
251	251	12 Sec. 1. The following definitions apply throughout this article:
252	252	13 (1) "Caregiver" means the individual designated by a patient
253	253	14 under this article to obtain, possess, deliver, and assist in the
254	254	15 administration of medical marijuana to the patient.
255	255	16 (2) "Department" means the Indiana department of health.
256	256	17 (3) "Dispensary" means a person that holds a permit issued
257	257	18 by the department to dispense medical marijuana.
258	258	19 (4) "Family or household member" means a person described
259	259	20 in IC 35-31.5-2-128.
260	260	21 (5) "Form of medical marijuana" means the characteristics
261	261	22 of the medical marijuana recommended for a particular
262	262	23 patient, including the method of consumption, and any
263	263	24 particular dosage, strain, variety, quantity, or percentage of
264	264	25 medical marijuana or of a particular active ingredient.
265	265	26 (6) "Grower" means a person that holds a permit issued by
266	266	27 the department to grow medical marijuana.
267	267	28 (7) "Identification card" means a document issued to a
268	268	29 patient or caregiver by the department authorizing access to
269	269	30 marijuana.
270	270	31 (8) "INSPECT" means the Indiana scheduled prescription
271	271	32 electronic collection and tracking program established by
272	272	33 IC 25-1-13-4.
273	273	34 (9) "Marijuana" has the meaning set forth in IC 35-48-1-19.
274	274	35 (10) "Medical marijuana" means marijuana for medical use.
275	275	36 (11) "Medical marijuana organization" means a dispensary,
276	276	37 a grower, a processor, or a testing laboratory.
277	277	38 (12) "Patient" means an individual who:
278	278	39 (A) has a serious medical condition; and
279	279	40 (B) meets the requirements for certification under this
280	280	41 article.
281	281	42 (13) "Permit" means an authorization issued by the
282	282	2023 IN 1263—LS 6266/DI 106 7
283	283	1 department to a medical marijuana organization to conduct
284	284	2 activities under this article.
285	285	3 (14) "Processor" means a person that holds a permit issued by
286	286	4 the department to process or convert plant material into a
287	287	5 marketable form.
288	288	6 (15) "Serious medical condition" means a medical condition
289	289	7 for which, in the professional opinion of a physician, the
290	290	8 benefits of treatment with medical marijuana are greater than
291	291	9 the risks of treatment with medical marijuana.
292	292	10 (16) "Testing laboratory" means a laboratory that analyzes
293	293	11 medical marijuana.
294	294	12 (17) "Transporter" means a person who transports medical
295	295	13 marijuana or paraphernalia. The term includes a person who
296	296	14 does not possess a permit or identification card.
297	297	15 Chapter 2. Medical Marijuana Program
298	298	16 Sec. 1. (a) The medical marijuana program is established to
299	299	17 serve patients suffering from a serious medical condition.
300	300	18 (b) The department shall administer the program.
301	301	19 (c) The department has regulatory and enforcement authority
302	302	20 over the growing, processing, sale, dispensing, transporting, and
303	303	21 use of medical marijuana.
304	304	22 Sec. 2. The department shall do the following:
305	305	23 (1) Issue a permit to a qualifying medical marijuana
306	306	24 organization authorizing it to grow, process, dispense, or test
307	307	25 medical marijuana.
308	308	26 (2) Establish and maintain an electronic data base to store
309	309	27 and track information relating to the medical marijuana
310	310	28 program. The electronic data base must:
311	311	29 (A) have the ability to authenticate in real time an
312	312	30 identification card presented to a dispensary;
313	313	31 (B) track in real time the amount of marijuana provided to
314	314	32 a patient or caregiver at a dispensary, and share this
315	315	33 information in real time with other dispensaries to prevent
316	316	34 diversion;
317	317	35 (C) store records relating to a physician's certification,
318	318	36 including, if applicable, the recommended form of
319	319	37 marijuana and any early expiration date recommended by
320	320	38 the physician; and
321	321	39 (D) track the cultivation, processing, transport, storage,
322	322	40 and dispensing of medical marijuana.
323	323	41 (3) Maintain within the department's electronic data base an
324	324	42 electronic directory of patients and caregivers approved to
325	325	2023 IN 1263—LS 6266/DI 106 8
326	326	1 use or assist in the administration of medical marijuana.
327	327	2 (4) Develop enforcement procedures, including announced
328	328	3 and unannounced inspections of:
329	329	4 (A) a dispensary;
330	330	5 (B) a grower facility;
331	331	6 (C) a processor facility; and
332	332	7 (D) all records of a medical marijuana organization.
333	333	8 (5) Establish a program to authorize the use of medical
334	334	9 marijuana for medical research purposes, and issue
335	335	10 documents to permit a researcher to obtain medical
336	336	11 marijuana for research purposes.
337	337	12 (6) Establish and maintain public outreach programs about
338	338	13 the medical marijuana program, including:
339	339	14 (A) a dedicated telephone number for patients, caregivers,
340	340	15 and members of the public to obtain basic information
341	341	16 about the dispensing of medical marijuana; and
342	342	17 (B) a publicly accessible website with similar information.
343	343	18 (7) Collaborate as necessary with other state agencies, and
344	344	19 contract with third parties as necessary to carry out the
345	345	20 medical marijuana program.
346	346	21 (8) Develop record keeping requirements for all books,
347	347	22 papers, any electronic data base or tracking system data, and
348	348	23 other information of a medical marijuana organization.
349	349	24 Information shall be retained for at least four (4) years unless
350	350	25 otherwise provided by the department.
351	351	26 (9) Restrict the advertising and marketing of medical
352	352	27 marijuana, which must be consistent with the federal
353	353	28 regulations governing prescription drug advertising and
354	354	29 marketing.
355	355	30 Sec. 3. (a) The department shall adopt rules under IC 4-22-2 to
356	356	31 implement this article.
357	357	32 (b) The department may adopt emergency rules in the manner
358	358	33 provided under IC 4-22-2-37.1 to implement this article.
359	359	34 Emergency rules adopted under this subsection expire on the later
360	360	35 of:
361	361	36 (1) the date permanent rules are adopted to replace the
362	362	37 emergency rules; or
363	363	38 (2) July 1, 2024.
364	364	39 Sec. 4. (a) The department shall maintain a confidential list of
365	365	40 patients and caregivers to whom it has issued identification cards.
366	366	41 Except as provided in subsection (b), all information obtained by
367	367	42 the department relating to patients, caregivers, and other
368	368	2023 IN 1263—LS 6266/DI 106 9
369	369	1 applicants is confidential.
370	370	2 (b) The following records are public:
371	371	3 (1) An application for a permit submitted by a medical
372	372	4 marijuana organization.
373	373	5 (2) Information relating to penalties or other disciplinary
374	374	6 actions taken against a medical marijuana organization for
375	375	7 violation of this article.
376	376	8 Chapter 3. Use of Medical Marijuana
377	377	9 Sec. 1. Notwithstanding any law to the contrary, the use,
378	378	10 possession, delivery, distribution, transport, cultivation, or
379	379	11 manufacture of:
380	380	12 (1) medical marijuana; or
381	381	13 (2) paraphernalia used in connection with medical marijuana;
382	382	14 is lawful if the use or possession complies with this article.
383	383	15 However, this article does not authorize a person to operate a
384	384	16 motor vehicle, motorboat, or any other device or equipment while
385	385	17 under the influence of medical marijuana.
386	386	18 Sec. 2. The use of medical marijuana is subject to the following:
387	387	19 (1) Medical marijuana may be dispensed only to:
388	388	20 (A) a patient who receives a certification from a physician
389	389	21 and is in possession of a valid identification card issued by
390	390	22 the department that authorizes dispensing marijuana to
391	391	23 the patient;
392	392	24 (B) a caregiver who possesses a valid identification card
393	393	25 issued by the department; or
394	394	26 (C) a research facility authorized by the department, under
395	395	27 terms and conditions established by the department.
396	396	28 (2) If a physician has ordered that medical marijuana be
397	397	29 dispensed in a specific form, medical marijuana may be
398	398	30 dispensed only in that form.
399	399	31 (3) An individual may not act as a caregiver for more than ten
400	400	32 (10) patients.
401	401	33 (4) A patient may designate up to two (2) caregivers at any
402	402	34 one (1) time.
403	403	35 (5) Medical marijuana that has not been used by the patient
404	404	36 shall be kept in the original package in which it was
405	405	37 dispensed.
406	406	38 (6) A patient or caregiver shall possess an identification card
407	407	39 whenever the patient or caregiver is in possession of medical
408	408	40 marijuana.
409	409	41 (7) A product packaged by a medical marijuana organization
410	410	42 may be identified only by:
411	411	2023 IN 1263—LS 6266/DI 106 10
412	412	1 (A) the name of the grower or processor;
413	413	2 (B) the name of the dispensary;
414	414	3 (C) the form and species of medical marijuana;
415	415	4 (D) the percentage of tetrahydrocannabinol and
416	416	5 cannabinol contained in the product; and
417	417	6 (E) any other labeling required by the department.
418	418	7 Sec. 3. Except as expressly otherwise provided in this article, the
419	419	8 possession or use of medical marijuana is unlawful.
420	420	9 Sec. 4. The following acts are unlawful:
421	421	10 (1) To grow medical marijuana unless the person:
422	422	11 (A) is a grower that has received a permit from the
423	423	12 department;
424	424	13 (B) is a patient with a valid identification card who is
425	425	14 authorized to cultivate marijuana for personal use under
426	426	15 this article; or
427	427	16 (C) is a research facility authorized by the department.
428	428	17 (2) To dispense medical marijuana unless the dispensary has
429	429	18 received a permit from the department.
430	430	19 Chapter 4. Physicians
431	431	20 Sec. 1. (a) A physician who issues a patient certification under
432	432	21 this article may not have an ownership interest in a medical
433	433	22 marijuana organization.
434	434	23 (b) A physician may issue a certification to a patient only if the
435	435	24 physician:
436	436	25 (1) establishes and intends to maintain a bona fide
437	437	26 physician-patient relationship with the patient for the
438	438	27 provision of medical services that is established by an in
439	439	28 person visit and for which there is an expectation that the
440	440	29 physician will provide care to the patient on an ongoing basis;
441	441	30 or
442	442	31 (2) establishes coordination with the patient's existing
443	443	32 primary physician for treatment of the patient's serious
444	444	33 medical condition.
445	445	34 (c) A physician who violates this section may be subject to
446	446	35 professional discipline.
447	447	36 Sec. 2. A physician may issue a certification to use medical
448	448	37 marijuana to a patient if the following requirements are met:
449	449	38 (1) The physician has determined that the patient has a
450	450	39 serious medical condition and has included the condition in
451	451	40 the patient's health care record.
452	452	41 (2) The patient is under the physician's continuing care for the
453	453	42 serious medical condition, except as provided in section
454	454	2023 IN 1263—LS 6266/DI 106 11
455	455	1 1(b)(2) of this chapter.
456	456	2 (3) The physician has determined the patient is likely to
457	457	3 receive therapeutic or palliative benefit from the use of
458	458	4 medical marijuana.
459	459	5 Sec. 3. A physician issuing a certification under section 1(b)(2)
460	460	6 of this chapter may not issue a certification unless the physician
461	461	7 has contacted the patient's existing primary physician to discuss
462	462	8 the patient's serious medical condition and which form of medical
463	463	9 marijuana the patient is likely to benefit from.
464	464	10 Sec. 4. A certification must include the following information:
465	465	11 (1) The patient's name, date of birth, and address.
466	466	12 (2) The specific serious medical condition of the patient.
467	467	13 (3) A statement by the physician that the patient has a serious
468	468	14 medical condition and the patient is under continuing care for
469	469	15 the serious medical condition that is provided by:
470	470	16 (A) the physician; or
471	471	17 (B) the patient's primary physician (as described under
472	472	18 section 1(b)(2) of this chapter).
473	473	19 (4) The date of issuance.
474	474	20 (5) The name, address, telephone number, and signature of
475	475	21 the physician.
476	476	22 (6) Any requirement or limitation concerning the appropriate
477	477	23 form of medical marijuana, and any limitation on the
478	478	24 duration of use, if applicable.
479	479	25 Sec. 5. (a) A physician shall review INSPECT:
480	480	26 (1) to determine the controlled substance history of a patient,
481	481	27 before issuing a certification; and
482	482	28 (2) before recommending a change of amount or form of
483	483	29 medical marijuana.
484	484	30 (b) A physician may access INSPECT to do any of the following:
485	485	31 (1) To determine whether a patient is under treatment with a
486	486	32 controlled substance by another physician or other person.
487	487	33 (2) To allow the physician to review the patient's controlled
488	488	34 substance history as considered necessary by the physician.
489	489	35 (3) To provide to the patient, or caregiver on behalf of the
490	490	36 patient if authorized by the patient, a copy of the patient's
491	491	37 controlled substance history.
492	492	38 Sec. 6. A physician shall do the following:
493	493	39 (1) Provide the certification to the patient.
494	494	40 (2) Provide a copy of the certification to the department,
495	495	41 which shall place the information in the patient directory
496	496	42 within the department's electronic data base. The certification
497	497	2023 IN 1263—LS 6266/DI 106 12
498	498	1 may be transmitted to the department electronically.
499	499	2 (3) File a copy of the certification in the patient's health care
500	500	3 record.
501	501	4 Sec. 7. A physician may not issue a certification for the
502	502	5 physician's own use or for the use of a family or household member
503	503	6 of the physician.
504	504	7 Chapter 5. Certification Form
505	505	8 Sec. 1. The department shall develop a standard certification
506	506	9 form, which it shall provide to a physician upon request. The form
507	507	10 must be available electronically. The form must include a
508	508	11 statement that a false statement made by a physician is punishable
509	509	12 under the penalties of perjury.
510	510	13 Chapter 6. Patients
511	511	14 Sec. 1. The department shall issue an identification card to a
512	512	15 patient who has a valid certification and who otherwise meets the
513	513	16 requirements of this article.
514	514	17 Sec. 2. The department shall issue an identification card to a
515	515	18 caregiver designated by the patient in accordance with this article.
516	516	19 Sec. 3. Except as provided in section 4 of this chapter, an
517	517	20 identification card issued to a patient authorizes the patient to
518	518	21 obtain and use medical marijuana as authorized by this article.
519	519	22 Except as provided in section 4 of this chapter, an identification
520	520	23 card issued to a caregiver authorizes the caregiver to obtain
521	521	24 medical marijuana on behalf of the patient.
522	522	25 Sec. 4. (a) A patient holding a valid identification card may
523	523	26 cultivate marijuana for the patient's own use if the patient
524	524	27 complies with the following requirements:
525	525	28 (1) The patient notifies the department on or before the date
526	526	29 that the patient begins cultivation and informs the department
527	527	30 of the number of plants the patient intends to cultivate and the
528	528	31 location of cultivation.
529	529	32 (2) The patient cultivates not more than six (6) plants.
530	530	33 (3) Not more than three (3) of the plants may be mature at
531	531	34 any one (1) time.
532	532	35 (4) Marijuana from the plant is used only for the patient's
533	533	36 personal use.
534	534	37 (5) Not later than thirty (30) days before the expected date
535	535	38 that the plants become mature, the patient notifies the
536	536	39 department of the anticipated maturity date.
537	537	40 (b) If the mature plants of a patient cultivating marijuana for
538	538	41 the patient's own use die, become damaged, or are otherwise
539	539	42 unable to produce marijuana for medical use, the patient shall
540	540	2023 IN 1263—LS 6266/DI 106 13
541	541	1 notify the department, which shall reinstate the person's
542	542	2 authorization to obtain marijuana from a dispensary not later than
543	543	3 fifteen (15) days after receipt of the notice.
544	544	4 Chapter 7. Identification Cards
545	545	5 Sec. 1. The department shall do the following:
546	546	6 (1) Review an application for an identification card.
547	547	7 (2) Review the certification submitted by the physician.
548	548	8 (3) Issue identification cards to patients and caregivers.
549	549	9 (4) Note in the electronic data base if a patient or caregiver
550	550	10 identification card may not be used to obtain marijuana from
551	551	11 a dispensary because the patient is cultivating the patient's
552	552	12 own marijuana.
553	553	13 Sec. 2. A patient or a caregiver may apply, in a form and
554	554	14 manner prescribed by the department, for issuance or renewal of
555	555	15 an identification card. A caregiver must submit a separate
556	556	16 application for issuance or renewal. Each application must include:
557	557	17 (1) the name, address, and date of birth of the patient;
558	558	18 (2) the name, address, and date of birth of a caregiver, if
559	559	19 applicable;
560	560	20 (3) a copy of the certification issued by the physician;
561	561	21 (4) the name, address, and telephone number of the physician;
562	562	22 (5) the signature of the applicant and the date signed; and
563	563	23 (6) any other information required by the department.
564	564	24 Sec. 3. The fee to apply for or to renew an identification card is
565	565	25 fifty dollars ($50). The department may waive or reduce the fee if
566	566	26 the applicant demonstrates financial hardship.
567	567	27 Sec. 4. The department shall make application and renewal
568	568	28 forms available on the department's website.
569	569	29 Sec. 5. (a) The identification card of a patient or caregiver
570	570	30 expires one (1) year after the date of issuance, unless a physician
571	571	31 has specified that a patient should use medical marijuana for less
572	572	32 than one (1) year.
573	573	33 (b) If a physician has specified that a patient's use of medical
574	574	34 marijuana should be limited to certain forms of medical
575	575	35 marijuana, the types of medical marijuana must be listed on the
576	576	36 identification card.
577	577	37 Sec. 6. (a) The department shall issue separate identification
578	578	38 cards for a patient and a caregiver as soon as reasonably
579	579	39 practicable after receiving a properly completed application.
580	580	40 (b) If the department determines that an application is
581	581	41 incomplete or factually inaccurate, the department shall promptly
582	582	42 notify the applicant.
583	583	2023 IN 1263—LS 6266/DI 106 14
584	584	1 (c) If a patient application designates an individual as a
585	585	2 caregiver who is not authorized to be a caregiver, the department
586	586	3 shall deny that portion of the application, but may approve the
587	587	4 balance of the application.
588	588	5 Sec. 7. (a) A patient or caregiver who has been issued an
589	589	6 identification card shall notify the department not later than ten
590	590	7 (10) days after any change of name or address.
591	591	8 (b) A patient shall notify the department within ten (10) days if
592	592	9 a physician has determined the patient no longer has the serious
593	593	10 medical condition noted on the certification.
594	594	11 Sec. 8. (a) If the identification card of a patient or caregiver is
595	595	12 lost, stolen, destroyed, or made illegible, the patient or caregiver
596	596	13 shall apply to the department for a replacement card not later than
597	597	14 ten (10) days after discovery of the loss or defacement. The
598	598	15 application for a replacement card shall be on a form furnished by
599	599	16 the department and accompanied by a twenty-five dollar ($25) fee.
600	600	17 The department may establish higher fees for issuance of second
601	601	18 and subsequent replacement identification cards.
602	602	19 (b) The department may waive or reduce the fee in cases of
603	603	20 demonstrated financial hardship.
604	604	21 (c) The department shall issue a replacement identification card
605	605	22 as soon as practicable.
606	606	23 (d) A patient or caregiver may not obtain medical marijuana
607	607	24 from a dispensary until the department issues the replacement
608	608	25 card.
609	609	26 Sec. 9. The identification card must contain the following
610	610	27 information:
611	611	28 (1) The name of the patient or the caregiver, as applicable.
612	612	29 The identification card must also state whether the individual
613	613	30 is designated as a patient or as a caregiver.
614	614	31 (2) The date of issuance and expiration date.
615	615	32 (3) A unique identification number for the patient or
616	616	33 caregiver, as applicable.
617	617	34 (4) A photograph of the individual to whom the identification
618	618	35 card is issued.
619	619	36 (5) Any requirement or limitation set by the physician as to
620	620	37 the form of medical marijuana.
621	621	38 (6) Any other requirements as determined by the department.
622	622	39 However, the department may not require that an
623	623	40 identification card disclose the patient's serious medical
624	624	41 condition.
625	625	42 The department shall establish guidelines specifying an acceptable
626	626	2023 IN 1263—LS 6266/DI 106 15
627	627	1 photograph under subdivision (4) and shall provide a reasonable
628	628	2 accommodation for a patient who is confined to the patient's home
629	629	3 or is in inpatient care.
630	630	4 Sec. 10. The department shall monthly transmit fees received
631	631	5 under this chapter to the auditor of state for deposit in the state
632	632	6 general fund.
633	633	7 Chapter 8. Caregivers
634	634	8 Sec. 1. (a) A caregiver must be at least eighteen (18) years of
635	635	9 age.
636	636	10 (b) A caregiver may be less than twenty-one (21) years of age
637	637	11 only if the department determines that it is in the best interests of
638	638	12 the patient that a specific person less than twenty-one (21) years of
639	639	13 age serves as a caregiver.
640	640	14 Sec. 2. (a) A patient may terminate the person's designation as
641	641	15 caregiver at any time.
642	642	16 (b) The patient shall notify the department that the patient has
643	643	17 terminated the person's caregiver designation as soon as
644	644	18 reasonably practicable after the termination.
645	645	19 (c) Upon learning that a patient has terminated a person's
646	646	20 caregiver designation, the department shall cancel the caregiver's
647	647	21 identification card and notify the caregiver to return the physical
648	648	22 copy of the card.
649	649	23 Sec. 3. If a patient designates a caregiver, the caregiver may
650	650	24 submit an application for an identification card as a caregiver. The
651	651	25 caregiver application must include:
652	652	26 (1) the name, address, and date of birth of the caregiver;
653	653	27 (2) if the caregiver has an identification card for the caregiver
654	654	28 (as a patient) or another patient (as caregiver), the expiration
655	655	29 date of each identification card; and
656	656	30 (3) any other information required by the department.
657	657	31 The application must be signed and dated by the caregiver
658	658	32 applicant and verified under penalties of perjury.
659	659	33 Sec. 4. (a) Except as provided in subsection (c), before the
660	660	34 caregiver application is approved, the caregiver must authorize the
661	661	35 department to perform a national criminal history background
662	662	36 check of the caregiver.
663	663	37 (b) The caregiver is responsible for the fee for the national
664	664	38 criminal history background check.
665	665	39 (c) The department may conduct only one (1) national criminal
666	666	40 history background check of the caregiver per year.
667	667	41 Sec. 5. The caregiver shall pay an application fee of fifty dollars
668	668	42 ($50). The department may waive or reduce the fee in cases of
669	669	2023 IN 1263—LS 6266/DI 106 16
670	670	1 demonstrated financial hardship.
671	671	2 Sec. 6. (a) After receiving the caregiver application, the fee, and
672	672	3 the results of the national criminal history background check, the
673	673	4 department shall:
674	674	5 (1) verify the information contained in the application; and
675	675	6 (2) review INSPECT with respect to the applicant.
676	676	7 (b) The department may deny a caregiver application if it finds
677	677	8 that the caregiver has:
678	678	9 (1) been convicted of a criminal offense within the previous
679	679	10 five (5) years relating to the sale or possession of a controlled
680	680	11 substance; or
681	681	12 (2) a history of drug abuse.
682	682	13 Sec. 7. The department shall monthly transmit fees received
683	683	14 under this chapter to the auditor of state for deposit in the state
684	684	15 general fund.
685	685	16 Chapter 9. Minor Patients
686	686	17 Sec. 1. If a patient is less than eighteen (18) years of age, the
687	687	18 following apply:
688	688	19 (1) The patient must have a caregiver.
689	689	20 (2) The caregiver must be:
690	690	21 (A) the patient's parent or legal guardian;
691	691	22 (B) an individual designated by a parent or legal guardian;
692	692	23 or
693	693	24 (C) an appropriate individual approved by the department
694	694	25 on a sufficient showing that no parent or legal guardian is
695	695	26 appropriate or available.
696	696	27 Chapter 10. Suspension
697	697	28 Sec. 1. If a patient or caregiver knowingly, intentionally, or
698	698	29 recklessly:
699	699	30 (1) violates any provision of this article; or
700	700	31 (2) transfers or sells medical marijuana to a person not
701	701	32 qualified as a patient under this article;
702	702	33 the department may suspend or revoke the patient's or caregiver's
703	703	34 identification card. The suspension or revocation is in addition to
704	704	35 any criminal or other penalty.
705	705	36 Chapter 11. General Prohibitions
706	706	37 Sec. 1. A person may not operate a motor vehicle, including a
707	707	38 motorboat, while under the influence of medical marijuana.
708	708	39 Sec. 2. A patient may not perform any employment duties in
709	709	40 exposed high places or in confined spaces while under the influence
710	710	41 of medical marijuana.
711	711	42 Sec. 3. A patient's employer may prohibit a patient from
712	712	2023 IN 1263—LS 6266/DI 106 17
713	713	1 performing any task while under the influence of medical
714	714	2 marijuana. The prohibition is not an adverse employment decision
715	715	3 or unlawful discrimination even if the prohibition results in
716	716	4 financial harm for the patient.
717	717	5 Chapter 12. Medical Marijuana Organizations
718	718	6 Sec. 1. The following entities may receive a permit to operate as
719	719	7 a medical marijuana organization to grow, process, or dispense
720	720	8 medical marijuana:
721	721	9 (1) A grower.
722	722	10 (2) A processor.
723	723	11 (3) A dispensary.
724	724	12 Sec. 2. A medical marijuana organization may not receive a
725	725	13 permit if a person having an ownership interest in the medical
726	726	14 marijuana organization has a felony conviction that has not been
727	727	15 expunged.
728	728	16 Sec. 3. (a) The department shall develop an application for a:
729	729	17 (1) grower permit allowing the grower to grow medical
730	730	18 marijuana;
731	731	19 (2) dispensary permit allowing a dispensary to dispense
732	732	20 medical marijuana;
733	733	21 (3) processor permit allowing a processor to process medical
734	734	22 marijuana; and
735	735	23 (4) testing laboratory permit allowing a testing laboratory to
736	736	24 test medical marijuana.
737	737	25 (b) The following information must be included on the permit
738	738	26 application:
739	739	27 (1) The name, address, telephone number, and other contact
740	740	28 information for every person having an ownership interest in
741	741	29 the medical marijuana organization.
742	742	30 (2) Information relating to a similar permit, license, or other
743	743	31 authorization granted in another jurisdiction, including any
744	744	32 suspensions, revocations, or discipline in that jurisdiction.
745	745	33 (3) A release authorizing the department to conduct a
746	746	34 background check of the persons having an ownership
747	747	35 interest in the medical marijuana organization.
748	748	36 (4) A statement as to whether the applicant intends to operate
749	749	37 as a grower, a processor, or a dispensary, and a concise
750	750	38 description of the business activities in which the medical
751	751	39 marijuana organization intends to engage.
752	752	40 (5) The address or other location where the medical
753	753	41 marijuana organization intends to operate.
754	754	42 (6) A statement that no person having an ownership interest
755	755	2023 IN 1263—LS 6266/DI 106 18
756	756	1 in the medical marijuana organization has a felony conviction
757	757	2 that has not been expunged.
758	758	3 (7) Any other information required by the department.
759	759	4 (c) A permit application described in this section shall be
760	760	5 verified and completed subject to the penalties of perjury.
761	761	6 (d) An applicant shall submit the appropriate application and
762	762	7 permit fees at the time the applicant submits the application.
763	763	8 Chapter 13. Medical Marijuana Organization Permits
764	764	9 Sec. 1. The department shall grant a medical marijuana
765	765	10 organization permit if the department makes the following
766	766	11 findings:
767	767	12 (1) The applicant will maintain effective control of medical
768	768	13 marijuana in the custody of the applicant.
769	769	14 (2) The applicant will comply with all state statutes, all rules
770	770	15 adopted by the department, and any ordinances adopted by a
771	771	16 unit.
772	772	17 (3) The applicant has the ability to properly carry out the
773	773	18 activity for which the permit is sought.
774	774	19 (4) The applicant has sufficient financial means to acquire all
775	775	20 property, equipment, and permits required to properly grow,
776	776	21 process, or dispense medical marijuana.
777	777	22 (5) The applicant is able to implement and maintain
778	778	23 appropriate security, tracking, record keeping, and
779	779	24 surveillance systems relating to the acquisition, possession,
780	780	25 growth, manufacture, sale, delivery, transportation,
781	781	26 distribution, or dispensing of medical marijuana.
782	782	27 (6) The applicant satisfies any other conditions required
783	783	28 under rules adopted by the department.
784	784	29 (7) Granting a permit to the applicant serves the public
785	785	30 interest.
786	786	31 Sec. 2. If the department finds that information included in the
787	787	32 application is insufficient for the department to grant a permit to
788	788	33 the medical marijuana organization, the department may request
789	789	34 that the applicant submit additional documentation relating to one
790	790	35 (1) or more items listed in section 1 of this chapter.
791	791	36 Sec. 3. (a) Except as provided under subsection (b), a permit
792	792	37 granted under this chapter is nontransferable.
793	793	38 (b) A permit holder may transfer a permit to a person
794	794	39 authorized to hold a permit in accordance with rules adopted by
795	795	40 the department if:
796	796	41 (1) the permit holder has held the permit for at least
797	797	42 twenty-four (24) months; or
798	798	2023 IN 1263—LS 6266/DI 106 19
799	799	1 (2) the transfer is necessary due to the death or disability of
800	800	2 the permit holder or a similar severe hardship. For purposes
801	801	3 of this subdivision, financial hardship is not a severe hardship.
802	802	4 Sec. 4. A permit granted under this application is valid for one
803	803	5 (1) year after the date of issuance.
804	804	6 Sec. 5. (a) A permit may be renewed for one (1) or more
805	805	7 additional one (1) year periods.
806	806	8 (b) The department shall establish deadlines for filing a renewal
807	807	9 application that provide the department with sufficient time to
808	808	10 review the application without causing an interruption in the
809	809	11 medical marijuana organization's activities.
810	810	12 (c) The same standards that apply for granting an initial
811	811	13 application apply to an application for renewal. In determining
812	812	14 whether the renewal of a permit serves the public interest, the
813	813	15 department shall consider the manner in which the renewal
814	814	16 applicant has operated the medical marijuana organization and
815	815	17 complied with all relevant laws.
816	816	18 Sec. 6. A permit issued by the department to a medical
817	817	19 marijuana organization must include the following information:
818	818	20 (1) The name and address of the medical marijuana
819	819	21 organization.
820	820	22 (2) The type of permit.
821	821	23 (3) The activities permitted under the permit.
822	822	24 (4) A description of the property and facilities authorized to
823	823	25 be used by the medical marijuana organization.
824	824	26 (5) Any other information required by the department.
825	825	27 Sec. 7. The department may suspend or revoke all or part of a
826	826	28 permit granted under this chapter if, following a hearing, the
827	827	29 department finds the following:
828	828	30 (1) That one (1) or more of the determinations made under
829	829	31 section 1 of this chapter are no longer valid.
830	830	32 (2) That the medical marijuana organization knowingly or
831	831	33 intentionally sold or distributed medical marijuana to a
832	832	34 person not qualified as a patient under this article.
833	833	35 (3) That the medical marijuana organization has failed to
834	834	36 maintain effective control against diversion of medical
835	835	37 marijuana.
836	836	38 (4) That the medical marijuana organization has violated a
837	837	39 provision of this article or a rule adopted by the department.
838	838	40 (5) That the medical marijuana organization has failed to
839	839	41 comply with another law regulating controlled substances.
840	840	42 Sec. 8. (a) An applicant for a medical marijuana organization
841	841	2023 IN 1263—LS 6266/DI 106 20
842	842	1 permit has a continuing duty to notify the department of any
843	843	2 material change in facts or circumstances relating to the
844	844	3 applicant's application, including a change in ownership.
845	845	4 (b) An applicant's duty to notify the department begins on the
846	846	5 date the applicant submits the application and continues for as long
847	847	6 as the applicant holds a permit.
848	848	7 Sec. 9. The department may, upon request of a permit holder,
849	849	8 amend an existing permit to authorize a permit holder to:
850	850	9 (1) move the permit holder's operations from one (1) location
851	851	10 to another; or
852	852	11 (2) perform additional activities, or cease the performance of
853	853	12 certain activities now performed, at the permit holder's
854	854	13 facility;
855	855	14 if the department finds that the amendment is reasonable under
856	856	15 the circumstances.
857	857	16 Chapter 14. General Duties of a Permit Holder
858	858	17 Sec. 1. The holder of a medical marijuana organization permit
859	859	18 must do the following:
860	860	19 (1) Report the loss, theft, or unexplained disappearance of
861	861	20 medical marijuana to a law enforcement agency not later than
862	862	21 twenty-four (24) hours after the loss, theft, or disappearance
863	863	22 is discovered.
864	864	23 (2) Permit announced or unannounced inspections by the
865	865	24 department of all medical marijuana organization facilities
866	866	25 and records.
867	867	26 Chapter 15. Application and Permit Fees
868	868	27 Sec. 1. The following fees apply to a grower:
869	869	28 (1) A nonrefundable grower permit application fee of ten
870	870	29 thousand dollars ($10,000).
871	871	30 (2) A refundable grower permit fee of fifty thousand dollars
872	872	31 ($50,000).
873	873	32 (3) A refundable grower permit renewal fee of ten thousand
874	874	33 dollars ($10,000).
875	875	34 (4) A nonrefundable permit amendment fee of two hundred
876	876	35 fifty dollars ($250).
877	877	36 Sec. 2. The following fees apply to a processor:
878	878	37 (1) A nonrefundable processor permit application fee of ten
879	879	38 thousand dollars ($10,000).
880	880	39 (2) A refundable processor permit fee of fifty thousand dollars
881	881	40 ($50,000).
882	882	41 (3) A refundable processor permit renewal fee of ten thousand
883	883	42 dollars ($10,000).
884	884	2023 IN 1263—LS 6266/DI 106 21
885	885	1 (4) A nonrefundable permit amendment fee of two hundred
886	886	2 fifty dollars ($250).
887	887	3 Sec. 3. The following fees apply to a dispensary:
888	888	4 (1) A nonrefundable dispensary permit application fee of five
889	889	5 thousand dollars ($5,000).
890	890	6 (2) A refundable dispensary permit fee of twenty thousand
891	891	7 dollars ($20,000) for each dispensary location.
892	892	8 (3) A refundable dispensary permit renewal fee of five
893	893	9 thousand dollars ($5,000) for each dispensary location.
894	894	10 (4) A nonrefundable permit amendment fee of two hundred
895	895	11 fifty dollars ($250).
896	896	12 Sec. 4. The following fees apply to a testing laboratory:
897	897	13 (1) A nonrefundable testing laboratory permit application fee
898	898	14 of two thousand dollars ($2,000).
899	899	15 (2) A refundable testing laboratory permit fee of ten thousand
900	900	16 dollars ($10,000) for each testing laboratory location.
901	901	17 (3) A refundable testing laboratory permit renewal fee of two
902	902	18 thousand dollars ($2,000) for each testing laboratory location.
903	903	19 (4) A nonrefundable permit amendment fee of two hundred
904	904	20 fifty dollars ($250).
905	905	21 Sec. 5. An applicant must submit the application fee and permit
906	906	22 fee at the time the applicant submits the application.
907	907	23 Sec. 6. (a) The department shall retain the application fee even
908	908	24 if the application is not approved.
909	909	25 (b) The department shall refund the permit fee and renewal fee
910	910	26 if the permit or renewal is not approved. However, the permit fee
911	911	27 and renewal fee are not refundable if the permit is initially granted
912	912	28 but later suspended or revoked.
913	913	29 (c) The department shall retain the permit amendment fee even
914	914	30 if the application for amendment is not approved.
915	915	31 Sec. 7. The department shall transfer all fees to the auditor of
916	916	32 state for deposit in the state general fund.
917	917	33 Chapter 16. Tracking and Record Keeping
918	918	34 Sec. 1. (a) A medical marijuana organization must implement an
919	919	35 electronic inventory tracking system, which must be directly
920	920	36 accessible to the department through an electronic data base that
921	921	37 is updated at least one (1) time each day.
922	922	38 (b) The electronic inventory tracking system must include the
923	923	39 following:
924	924	40 (1) For a grower, a seed to sale tracking system that tracks the
925	925	41 medical marijuana from seed to plant until the medical
926	926	42 marijuana is sold or transferred to its final destination.
927	927	2023 IN 1263—LS 6266/DI 106 22
928	928	1 (2) For a processor, a system that tracks medical marijuana
929	929	2 from its purchase from a grower to its transfer to a
930	930	3 dispensary, testing laboratory, or research facility as
931	931	4 authorized by this article.
932	932	5 (3) For a dispensary, a system that tracks medical marijuana
933	933	6 from its purchase from a grower or processor to its sale to a
934	934	7 patient or caregiver or transfer to a testing laboratory,
935	935	8 research facility, grower, or processor as authorized by this
936	936	9 article.
937	937	10 (4) For a dispensary, a system to verify that an identification
938	938	11 card presented by a patient or caregiver:
939	939	12 (A) is valid; and
940	940	13 (B) authorizes the patient or caregiver to receive
941	941	14 marijuana from a dispensary.
942	942	15 (5) For a medical marijuana organization, a:
943	943	16 (A) daily log of each day's beginning inventory,
944	944	17 acquisitions, amounts purchased and sold, disbursements,
945	945	18 disposals, and ending inventory, including prices paid and
946	946	19 amounts collected from patients and caregivers;
947	947	20 (B) system to recall defective medical marijuana; and
948	948	21 (C) system to track the waste resulting from the growth of
949	949	22 medical marijuana, including the name and address of a
950	950	23 disposal service.
951	951	24 Sec. 2. A medical marijuana organization must implement a
952	952	25 plan for:
953	953	26 (1) security and surveillance; and
954	954	27 (2) record keeping and record retention.
955	955	28 Sec. 3. The department:
956	956	29 (1) shall require a medical marijuana organization to make an
957	957	30 annual report to the department; and
958	958	31 (2) may require a medical marijuana organization to make a
959	959	32 quarterly report to the department.
960	960	33 The department shall determine the form and contents of the
961	961	34 report and may make all or part of the report available to the
962	962	35 public.
963	963	36 Chapter 17. Grower Operations
964	964	37 Sec. 1. A person holding a grower permit may do all the
965	965	38 following in accordance with rules adopted by the department:
966	966	39 (1) Obtain seed and plant material from another grower.
967	967	40 (2) Sell and transport seed and plant material to another
968	968	41 grower or processor.
969	969	42 (3) Sell and transport medical marijuana to a processor,
970	970	2023 IN 1263—LS 6266/DI 106 23
971	971	1 dispensary, testing laboratory, or research facility authorized
972	972	2 by the department.
973	973	3 Sec. 2. The department shall determine the manner in which
974	974	4 medical marijuana may be grown, harvested, and stored at the
975	975	5 cultivation or harvesting facility.
976	976	6 Sec. 3. The department shall determine the manner in which
977	977	7 transportation of medical marijuana shall be conducted between
978	978	8 or among growers, processors, testing laboratories, research
979	979	9 facilities, and dispensaries. Rules adopted by the department must
980	980	10 include the following:
981	981	11 (1) Requirements relating to shipping containers and
982	982	12 packaging.
983	983	13 (2) The manner in which trucks, vans, trailers, or other
984	984	14 carriers will be secured.
985	985	15 (3) Obtaining copies of driver's licenses and registrations and
986	986	16 other information related to security and tracking.
987	987	17 (4) The use of a GPS tracking system.
988	988	18 (5) Record keeping requirements for delivery and receipt of
989	989	19 medical marijuana products.
990	990	20 Sec. 4. A grower shall contract with an independent testing
991	991	21 laboratory to test the medical marijuana produced by the grower.
992	992	22 The department shall approve the testing laboratory and require
993	993	23 that the laboratory report testing results in the manner determined
994	994	24 by the department. If a grower learns that the grower's sample has
995	995	25 failed required testing, the grower must take steps to remediate the
996	996	26 harvest to allowable levels under IC 16-51-20-3, or immediately
997	997	27 dispose of the harvest.
998	998	28 Chapter 18. Processor Operations
999	999	29 Sec. 1. A person holding a processor permit may do all the
1000	1000	30 following in accordance with rules adopted by the department:
1001	1001	31 (1) Obtain plant material from a grower.
1002	1002	32 (2) Sell and transport processed medical marijuana to another
1003	1003	33 grower or processor.
1004	1004	34 (3) Sell and transport medical marijuana to a processor,
1005	1005	35 dispensary, testing laboratory, or research facility authorized
1006	1006	36 by the department.
1007	1007	37 Sec. 2. The department shall determine the manner in which
1008	1008	38 medical marijuana may be processed or stored at the processor
1009	1009	39 facility.
1010	1010	40 Sec. 3. The department shall determine the manner in which
1011	1011	41 transportation of medical marijuana shall be conducted between
1012	1012	42 or among medical marijuana organizations and research facilities.
1013	1013	2023 IN 1263—LS 6266/DI 106 24
1014	1014	1 Rules adopted by the department must include the following:
1015	1015	2 (1) Requirements relating to shipping containers and
1016	1016	3 packaging.
1017	1017	4 (2) The manner in which trucks, vans, trailers, or other
1018	1018	5 carriers will be secured.
1019	1019	6 (3) Obtaining copies of driver's licenses and registrations and
1020	1020	7 other information related to security and tracking.
1021	1021	8 (4) The use of a GPS tracking system.
1022	1022	9 (5) Record keeping requirements for delivery and receipt of
1023	1023	10 medical marijuana products.
1024	1024	11 Sec. 4. A processor shall develop a plan to ensure that medical
1025	1025	12 marijuana products are properly labeled, are not packaged in a
1026	1026	13 manner that is appealing to children, and are placed in child
1027	1027	14 resistant packaging.
1028	1028	15 Sec. 5. A processor shall include on its labeling of medical
1029	1029	16 marijuana products the following:
1030	1030	17 (1) The number of doses contained within the package, the
1031	1031	18 species, and the percentage of tetrahydrocannabinol and
1032	1032	19 cannabinol.
1033	1033	20 (2) A warning that the medical marijuana must be kept in the
1034	1034	21 original container in which it was dispensed.
1035	1035	22 (3) A warning that unauthorized use is unlawful and will
1036	1036	23 subject the person to criminal penalties.
1037	1037	24 (4) A list of ingredients.
1038	1038	25 (5) Any other information required by the department.
1039	1039	26 Sec. 6. A processor shall contract with an independent testing
1040	1040	27 laboratory to test the medical marijuana product produced by the
1041	1041	28 processor. The testing laboratory must be approved by the
1042	1042	29 department, and the department shall require that the laboratory
1043	1043	30 report testing results in the manner determined by the department.
1044	1044	31 If a processor learns that a sample submitted by the processor has
1045	1045	32 failed required testing, the processor must take steps to remediate
1046	1046	33 the product to allowable levels under IC 16-51-20-3, or
1047	1047	34 immediately dispose of the batch.
1048	1048	35 Chapter 19. Dispensary Operations
1049	1049	36 Sec. 1. A dispensary holding a valid permit under this article
1050	1050	37 may dispense medical marijuana to a patient or caregiver upon
1051	1051	38 presentation of a valid identification card for that patient or
1052	1052	39 caregiver and electronic verification that the identification card is
1053	1053	40 valid and authorizes the patient or caregiver to receive medical
1054	1054	41 marijuana from a dispensary.
1055	1055	42 Sec. 2. The dispensary shall provide to the patient or caregiver
1056	1056	2023 IN 1263—LS 6266/DI 106 25
1057	1057	1 a receipt including all of the following:
1058	1058	2 (1) The name and address of the dispensary.
1059	1059	3 (2) The name and address of the patient and caregiver (if
1060	1060	4 applicable).
1061	1061	5 (3) The date the medical marijuana was dispensed.
1062	1062	6 (4) Any requirement or limitation by the physician as to the
1063	1063	7 form of medical marijuana for the patient.
1064	1064	8 (5) The form and the quantity of medical marijuana
1065	1065	9 dispensed.
1066	1066	10 Sec. 3. (a) For purposes of this section:
1067	1067	11 (1) eight (8) grams of concentrated marijuana; or
1068	1068	12 (2) eighty (80) ten (10) milligram doses of
1069	1069	13 tetrahydrocannabinol;
1070	1070	14 is equivalent to one (1) ounce of medical marijuana.
1071	1071	15 (b) A dispensary may not dispense:
1072	1072	16 (1) more than one (1) ounce of medical marijuana to a patient
1073	1073	17 (or caregiver on behalf of a specific patient) per day;
1074	1074	18 (2) a form of medical marijuana that the patient is not
1075	1075	19 permitted to possess; or
1076	1076	20 (3) medical marijuana to a patient who is cultivating mature
1077	1077	21 marijuana plants for the patient's own use.
1078	1078	22 Sec. 4. The medical marijuana packaging must include the
1079	1079	23 following information:
1080	1080	24 (1) The number of doses contained within the package, the
1081	1081	25 species, and the percentage of tetrahydrocannabinol and
1082	1082	26 cannabinol.
1083	1083	27 (2) A warning that the medical marijuana must be kept in the
1084	1084	28 original container in which it was dispensed.
1085	1085	29 (3) A warning that unauthorized use is unlawful and will
1086	1086	30 subject the person to criminal penalties.
1087	1087	31 (4) Any other information required by the department.
1088	1088	32 Sec. 5. A dispensary:
1089	1089	33 (1) may dispense medical marijuana only in an indoor,
1090	1090	34 enclosed, secure facility located in Indiana;
1091	1091	35 (2) may sell medical devices and instruments that are needed
1092	1092	36 to administer medical marijuana; and
1093	1093	37 (3) may sell services approved by the department related to
1094	1094	38 the use of medical marijuana.
1095	1095	39 Sec. 6. A dispensary shall post a copy of its permit in a location
1096	1096	40 within its facility in a manner that is easily observable by the
1097	1097	41 public.
1098	1098	42 Sec. 7. A dispensary shall establish a plan to:
1099	1099	2023 IN 1263—LS 6266/DI 106 26
1100	1100	1 (1) prevent diversion of medical marijuana and medical
1101	1101	2 marijuana products; and
1102	1102	3 (2) ensure a patient is not dispensed more than one (1) ounce
1103	1103	4 of medical marijuana per day.
1104	1104	5 Chapter 20. Testing Laboratory Operations
1105	1105	6 Sec. 1. A testing laboratory may test medical marijuana from a
1106	1106	7 medical marijuana organization in accordance with rules adopted
1107	1107	8 by the department if:
1108	1108	9 (1) it holds a valid permit issued under this article; or
1109	1109	10 (2) it is already accredited as a testing laboratory to
1110	1110	11 International Organization for Standardization (ISO) 17025
1111	1111	12 by a third party accrediting body such as the American
1112	1112	13 Association for Laboratory Accreditation (A2LA) or Assured
1113	1113	14 Calibration and Laboratory Accreditation Select Services
1114	1114	15 (ACLASS).
1115	1115	16 Sec. 2. A testing laboratory shall maintain policies and
1116	1116	17 procedures for the secure and proper analytical testing of medical
1117	1117	18 marijuana, which must include:
1118	1118	19 (1) laboratory analysis techniques, including specific
1119	1119	20 instrumentation and protocols necessary to perform the tests
1120	1120	21 required by the department;
1121	1121	22 (2) the implementation of standards and methods for
1122	1122	23 conducting analysis of forms of medical marijuana in
1123	1123	24 accordance with the requirements of ISO/IEC 17025
1124	1124	25 "General Requirements for the Competence of Testing and
1125	1125	26 Calibration Laboratories"; and
1126	1126	27 (3) methods of testing to detect:
1127	1127	28 (A) potency levels of tetrahydrocannabinol and
1128	1128	29 cannabidiol;
1129	1129	30 (B) microbials;
1130	1130	31 (C) mycotoxins;
1131	1131	32 (D) pesticides;
1132	1132	33 (E) residual solvents; and
1133	1133	34 (F) any other matter as required by the department.
1134	1134	35 Sec. 3. The department shall establish the allowable level of
1135	1135	36 microbials, mycotoxins, pesticides, residual solvents, and other
1136	1136	37 matter determined by the department. If a sample received from
1137	1137	38 a grower or processor exceeds allowable levels, the testing
1138	1138	39 laboratory must immediately notify the grower or processor from
1139	1139	40 whom they received the sample.
1140	1140	41 Sec. 4. A person holding an ownership interest in a dispensary,
1141	1141	42 grower, or processor permit may not have an ownership interest
1142	1142	2023 IN 1263—LS 6266/DI 106 27
1143	1143	1 in a testing laboratory permit.
1144	1144	2 Chapter 21. Transportation
1145	1145	3 Sec. 1. A transporter may transport medical marijuana or
1146	1146	4 paraphernalia from a:
1147	1147	5 (1) grower or processor to a dispensary;
1148	1148	6 (2) grower or processor to a testing laboratory or research
1149	1149	7 facility authorized by the department;
1150	1150	8 (3) dispensary to a grower or processor;
1151	1151	9 (4) dispensary to a testing laboratory or research facility
1152	1152	10 authorized by the department;
1153	1153	11 (5) medical marijuana organization to another medical
1154	1154	12 marijuana organization; or
1155	1155	13 (6) medical marijuana organization to another person if
1156	1156	14 authorized to do so by the department;
1157	1157	15 if the transporter complies with this chapter.
1158	1158	16 Sec. 2. A transporter under this chapter may not have a felony
1159	1159	17 conviction that has not been expunged.
1160	1160	18 Sec. 3. Medical marijuana or paraphernalia transported under
1161	1161	19 this chapter must be:
1162	1162	20 (1) packed in a tamper resistant and tamper evident package;
1163	1163	21 (2) clearly marked as to quantity and contents; and
1164	1164	22 (3) securely stored in the vehicle used for transport.
1165	1165	23 Sec. 4. The transporter shall proceed as directly and
1166	1166	24 expeditiously as practicable from the shipping location to the
1167	1167	25 receiving location.
1168	1168	26 Sec. 5. The person who ships the medical marijuana or
1169	1169	27 paraphernalia shall provide the transporter with a shipping
1170	1170	28 manifest clearly stating the:
1171	1171	29 (1) exact quantity of medical marijuana or paraphernalia that
1172	1172	30 is being transported;
1173	1173	31 (2) address of the shipping location;
1174	1174	32 (3) address of the receiving location;
1175	1175	33 (4) identification of the person transporting the material; and
1176	1176	34 (5) time the person transporting the material left the shipping
1177	1177	35 location.
1178	1178	36 Sec. 6. The transporter shall keep the shipping manifest in the
1179	1179	37 transporter's possession at all times.
1180	1180	38 Sec. 7. The department may adopt rules to regulate the
1181	1181	39 transport of medical marijuana or paraphernalia.
1182	1182	40 Chapter 22. Civil Penalties
1183	1183	41 Sec. 1. The department may assess a penalty of not more than
1184	1184	42 ten thousand dollars ($10,000) for each violation of this article or
1185	1185	2023 IN 1263—LS 6266/DI 106 28
1186	1186	1 a rule adopted under this article. In addition, the department may
1187	1187	2 impose an additional penalty of not more than one thousand
1188	1188	3 dollars ($1,000) for each day of a continuing violation.
1189	1189	4 Sec. 2. (a) In determining the amount of a civil penalty imposed
1190	1190	5 under this chapter, the department shall consider the following:
1191	1191	6 (1) The seriousness of the violation.
1192	1192	7 (2) The potential harm resulting from the violation to
1193	1193	8 patients, caregivers, or the general public.
1194	1194	9 (3) The willfulness of the violation.
1195	1195	10 (4) Any previous violations.
1196	1196	11 (5) The economic benefit that accrued to the person who
1197	1197	12 committed the violation.
1198	1198	13 (b) If the department finds that the:
1199	1199	14 (1) violation did not threaten the safety or health of a patient,
1200	1200	15 caregiver, or the general public; and
1201	1201	16 (2) violator took immediate action to remedy the violation
1202	1202	17 upon learning of it;
1203	1203	18 the department may issue a written warning instead of assessing a
1204	1204	19 civil penalty.
1205	1205	20 Sec. 3. In addition to the civil penalty described in this chapter,
1206	1206	21 and any other penalty authorized by law, the department may
1207	1207	22 revoke or suspend a person's permit or identification card.
1208	1208	23 Chapter 23. Research
1209	1209	24 Sec. 1. (a) The department may provide assistance to
1210	1210	25 universities, research facilities, pharmaceutical companies, state
1211	1211	26 agencies, and similar entities that wish to conduct research
1212	1212	27 concerning medical marijuana.
1213	1213	28 (b) The department may conduct research concerning medical
1214	1214	29 marijuana.
1215	1215	30 Sec. 2. The department may authorize persons conducting
1216	1216	31 research on medical marijuana to obtain, possess, transport, and
1217	1217	32 use medical marijuana for research purposes, under terms and
1218	1218	33 conditions established by the department. The department shall
1219	1219	34 issue appropriate documentation to allow persons to obtain
1220	1220	35 marijuana for research purposes.
1221	1221	36 Chapter 24. Discrimination Prohibited
1222	1222	37 Sec. 1. (a) It is unlawful discrimination for any person to:
1223	1223	38 (1) suspend;
1224	1224	39 (2) expel;
1225	1225	40 (3) refuse to employ;
1226	1226	41 (4) refuse to admit;
1227	1227	42 (5) refuse to grant or renew a license, permit, or certificate
1228	1228	2023 IN 1263—LS 6266/DI 106 29
1229	1229	1 necessary to engage in any activity, occupation, or profession;
1230	1230	2 or
1231	1231	3 (6) otherwise discriminate against;
1232	1232	4 any person due to the person's lawful certification, use, possession,
1233	1233	5 delivery, distribution, transport, cultivation, or manufacture of
1234	1234	6 marijuana or paraphernalia as authorized by this article.
1235	1235	7 (b) A person who violates this section commits a Class C
1236	1236	8 infraction. However, the offense is a Class B infraction if the
1237	1237	9 person has a prior unrelated adjudication under this section.
1238	1238	10 (c) In addition to any other penalty prescribed by this section,
1239	1239	11 a person who is the victim of unlawful discrimination may obtain
1240	1240	12 injunctive relief.
1241	1241	13 Sec. 2. A person's lawful certification, use, possession, delivery,
1242	1242	14 distribution, transport, cultivation, or manufacture of marijuana
1243	1243	15 or paraphernalia under this article is not admissible as evidence in
1244	1244	16 an action for negligent hiring, admission, or licensure against a
1245	1245	17 person or entity hired, admitted, or licensed by the person or entity
1246	1246	18 that lawfully used marijuana.
1247	1247	19 Sec. 3. A law enforcement officer who knowingly or
1248	1248	20 intentionally performs a search or seizure of a patient or caregiver
1249	1249	21 holding a valid identification card:
1250	1250	22 (1) more than two (2) times in any sixty (60) day period; and
1251	1251	23 (2) without:
1252	1252	24 (A) reasonable suspicion;
1253	1253	25 (B) probable cause; or
1254	1254	26 (C) a warrant;
1255	1255	27 commits harassment of a medical marijuana user, a Class A
1256	1256	28 misdemeanor. However, the offense is a Level 6 felony if the person
1257	1257	29 has a prior unrelated conviction under this section.
1258	1258	30 Sec. 4. (a) This section applies only to a law enforcement officer
1259	1259	31 employed by the state, a political subdivision of the state, or a unit.
1260	1260	32 This section does not apply to a federal law enforcement officer.
1261	1261	33 (b) A law enforcement officer or employee of the state, a
1262	1262	34 political subdivision of the state, or a unit may not aid or assist a
1263	1263	35 federal law enforcement officer in the enforcement of a federal
1264	1264	36 law:
1265	1265	37 (1) criminalizing; or
1266	1266	38 (2) authorizing civil forfeiture with respect to;
1267	1267	39 any activity permitted under this article.
1268	1268	40 (c) A person who knowingly or intentionally violates this section
1269	1269	41 commits a Level 6 felony.
1270	1270	42 Chapter 25. Reports
1271	1271	2023 IN 1263—LS 6266/DI 106 30
1272	1272	1 Sec. 1. The department shall, not later than December 31 of
1273	1273	2 each year, submit a report concerning the medical marijuana
1274	1274	3 program to the legislative council, the governor, and the chief
1275	1275	4 justice of the supreme court. The report to the legislative council
1276	1276	5 must be in an electronic format under IC 5-14-6. The report must
1277	1277	6 include the number of appeals and grievances filed and adjudicated
1278	1278	7 under chapter 26 of this article.
1279	1279	8 Chapter 26. Medical Marijuana Oversight Board
1280	1280	9 Sec. 1. (a) The medical marijuana oversight board is established.
1281	1281	10 (b) The medical marijuana oversight board consists of the
1282	1282	11 following:
1283	1283	12 (1) Two (2) members of the senate, appointed as follows:
1284	1284	13 (A) One (1) member appointed by the president pro
1285	1285	14 tempore of the senate.
1286	1286	15 (B) One (1) member appointed by the senate minority
1287	1287	16 leader.
1288	1288	17 (2) Two (2) members of the house of representatives,
1289	1289	18 appointed as follows:
1290	1290	19 (A) One (1) member appointed by the speaker of the house
1291	1291	20 of representatives.
1292	1292	21 (B) One (1) member appointed by the house minority
1293	1293	22 leader.
1294	1294	23 (3) One (1) member, appointed by the governor.
1295	1295	24 (4) One (1) individual representing the Indiana Pharmacists
1296	1296	25 Association.
1297	1297	26 (5) One (1) individual representing the Indiana State Medical
1298	1298	27 Association.
1299	1299	28 (c) The medical marijuana oversight board shall elect one (1) of
1300	1300	29 its members to be chairperson and one (1) of its members to be
1301	1301	30 secretary of the board.
1302	1302	31 (d) The medical marijuana oversight board shall meet at the call
1303	1303	32 of the chair. The members serve without compensation.
1304	1304	33 (e) A majority of the board members constitutes a quorum. The
1305	1305	34 board may act by an affirmative vote of a majority of the board.
1306	1306	35 Sec. 2. The medical marijuana oversight board may adopt rules
1307	1307	36 under IC 4-22-2 to establish procedures to:
1308	1308	37 (1) implement and administer an appeals process; or
1309	1309	38 (2) resolve grievances;
1310	1310	39 arising under this article.
1311	1311	40 Sec. 3. The rules may include informal procedures to resolve
1312	1312	41 appeals or grievances under this article.
1313	1313	42 Sec. 4. The department must include the number of appeals and
1314	1314	2023 IN 1263—LS 6266/DI 106 31
1315	1315	1 grievances filed and adjudicated under this chapter in the yearly
1316	1316	2 report required to be submitted under chapter 25 of this article.
1317	1317	3 Sec. 5. Final resolution of appeals or grievances arising under
1318	1318	4 this chapter are subject to IC 4-21.5.
1319	1319	5 SECTION 22. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
1320	1320	6 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1321	1321	7 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
1322	1322	8 (c), a person who operates a motorboat while:
1323	1323	9 (1) having an alcohol concentration equivalent (as defined in
1324	1324	10 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
1325	1325	11 per:
1326	1326	12 (A) one hundred (100) milliliters of the person's blood; or
1327	1327	13 (B) two hundred ten (210) liters of the person's breath;
1328	1328	14 (2) having a controlled substance listed in schedule I or II of
1329	1329	15 IC 35-48-2 or its metabolite in the person's body; blood; or
1330	1330	16 (3) intoxicated;
1331	1331	17 commits a Class C misdemeanor.
1332	1332	18 (b) The offense is a Level 6 felony if:
1333	1333	19 (1) the person has a previous conviction under:
1334	1334	20 (A) IC 14-1-5 (repealed);
1335	1335	21 (B) IC 14-15-8-8 (repealed); or
1336	1336	22 (C) this chapter; or
1337	1337	23 (2) the offense results in serious bodily injury to another person.
1338	1338	24 (c) The offense is a Level 5 felony if the offense results in the death
1339	1339	25 or catastrophic injury of another person.
1340	1340	26 (d) It is a defense to a prosecution under subsection (a)(2) that:
1341	1341	27 (1) the accused person consumed the controlled substance in
1342	1342	28 accordance with a valid prescription or order of a practitioner (as
1343	1343	29 defined in IC 35-48-1-24) who acted in the course of the
1344	1344	30 practitioner's professional practice; or
1345	1345	31 (2) the:
1346	1346	32 (A) controlled substance is marijuana or a metabolite of
1347	1347	33 marijuana;
1348	1348	34 (B) accused person is a person authorized to use medical
1349	1349	35 marijuana under IC 16-51; and
1350	1350	36 (C) the accused person used the medical marijuana in
1351	1351	37 substantial compliance with the requirements of IC 16-51.
1352	1352	38 SECTION 23. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
1353	1353	39 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1354	1354	40 JULY 1, 2023]: Sec. 8.3. (a) This section does not apply to:
1355	1355	41 (1) a rolling paper; or
1356	1356	42 (2) a patient, caregiver, medical marijuana organization,
1357	1357	2023 IN 1263—LS 6266/DI 106 32
1358	1358	1 research facility, or transporter described in IC 16-51 if the
1359	1359	2 person is in substantial compliance with the requirements of
1360	1360	3 IC 16-51.
1361	1361	4 (b) A person who knowingly or intentionally possesses an
1362	1362	5 instrument, a device, or another object that the person intends to use
1363	1363	6 for:
1364	1364	7 (1) introducing into the person's body a controlled substance;
1365	1365	8 (2) testing the strength, effectiveness, or purity of a controlled
1366	1366	9 substance; or
1367	1367	10 (3) enhancing the effect of a controlled substance;
1368	1368	11 commits a Class C misdemeanor. However, the offense is a Class A
1369	1369	12 misdemeanor if the person has a prior unrelated judgment or conviction
1370	1370	13 under this section.
1371	1371	14 SECTION 24. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
1372	1372	15 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1373	1373	16 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
1374	1374	17 sale, delivers, or finances the delivery of a raw material, an instrument,
1375	1375	18 a device, or other object that is intended to be or that is designed or
1376	1376	19 marketed to be used primarily for:
1377	1377	20 (1) ingesting, inhaling, or otherwise introducing into the human
1378	1378	21 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
1379	1379	22 controlled substance;
1380	1380	23 (2) testing the strength, effectiveness, or purity of marijuana, hash
1381	1381	24 oil, hashish, salvia, a synthetic drug, or a controlled substance;
1382	1382	25 (3) enhancing the effect of a controlled substance;
1383	1383	26 (4) manufacturing, compounding, converting, producing,
1384	1384	27 processing, or preparing marijuana, hash oil, hashish, salvia, a
1385	1385	28 synthetic drug, or a controlled substance;
1386	1386	29 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
1387	1387	30 synthetic drug, or a controlled substance by individuals; or
1388	1388	31 (6) any purpose announced or described by the seller that is in
1389	1389	32 violation of this chapter;
1390	1390	33 commits a Class A infraction for dealing in paraphernalia.
1391	1391	34 (b) A person who knowingly or intentionally violates subsection (a)
1392	1392	35 commits a Class A misdemeanor. However, the offense is a Level 6
1393	1393	36 felony if the person has a prior unrelated judgment or conviction under
1394	1394	37 this section.
1395	1395	38 (c) This section does not apply to the following:
1396	1396	39 (1) Items marketed for use in the preparation, compounding,
1397	1397	40 packaging, labeling, or other use of marijuana, hash oil, hashish,
1398	1398	41 salvia, a synthetic drug, or a controlled substance as an incident
1399	1399	42 to lawful research, teaching, or chemical analysis and not for sale.
1400	1400	2023 IN 1263—LS 6266/DI 106 33
1401	1401	1 (2) Items marketed for or historically and customarily used in
1402	1402	2 connection with the planting, propagating, cultivating, growing,
1403	1403	3 harvesting, manufacturing, compounding, converting, producing,
1404	1404	4 processing, preparing, testing, analyzing, packaging, repackaging,
1405	1405	5 storing, containing, concealing, injecting, ingesting, or inhaling
1406	1406	6 of tobacco or any other lawful substance.
1407	1407	7 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
1408	1408	8 a syringe or needle as part of a program under IC 16-41-7.5.
1409	1409	9 (4) Any entity or person that provides funding to a qualified entity
1410	1410	10 (as defined in IC 16-41-7.5-3) to operate a program described in
1411	1411	11 IC 16-41-7.5.
1412	1412	12 (5) A patient, caregiver, medical marijuana organization,
1413	1413	13 research facility, or transporter described in IC 16-51 if the
1414	1414	14 person is in substantial compliance with the requirements of
1415	1415	15 IC 16-51.
1416	1416	16 SECTION 25. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
1417	1417	17 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1418	1418	18 JULY 1, 2023]: Sec. 10. (a) A person who:
1419	1419	19 (1) knowingly or intentionally:
1420	1420	20 (A) manufactures;
1421	1421	21 (B) finances the manufacture of;
1422	1422	22 (C) delivers; or
1423	1423	23 (D) finances the delivery of;
1424	1424	24 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
1425	1425	25 (2) possesses, with intent to:
1426	1426	26 (A) manufacture;
1427	1427	27 (B) finance the manufacture of;
1428	1428	28 (C) deliver; or
1429	1429	29 (D) finance the delivery of;
1430	1430	30 marijuana, hash oil, hashish, or salvia, pure or adulterated;
1431	1431	31 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
1432	1432	32 misdemeanor, except as provided in subsections (b) through (d).
1433	1433	33 (b) A person may be convicted of an offense under subsection (a)(2)
1434	1434	34 only if:
1435	1435	35 (1) there is evidence in addition to the weight of the drug that the
1436	1436	36 person intended to manufacture, finance the manufacture of,
1437	1437	37 deliver, or finance the delivery of the drug; or
1438	1438	38 (2) the amount of the drug involved is at least:
1439	1439	39 (A) ten (10) pounds, if the drug is marijuana; or
1440	1440	40 (B) three hundred (300) grams, if the drug is hash oil, hashish,
1441	1441	41 or salvia.
1442	1442	42 (c) The offense is a Level 6 felony if:
1443	1443	2023 IN 1263—LS 6266/DI 106 34
1444	1444	1 (1) the person has a prior conviction for a drug offense and the
1445	1445	2 amount of the drug involved is:
1446	1446	3 (A) less than thirty (30) grams of marijuana; or
1447	1447	4 (B) less than five (5) grams of hash oil, hashish, or salvia; or
1448	1448	5 (2) the amount of the drug involved is:
1449	1449	6 (A) at least thirty (30) grams but less than ten (10) pounds of
1450	1450	7 marijuana; or
1451	1451	8 (B) at least five (5) grams but less than three hundred (300)
1452	1452	9 grams of hash oil, hashish, or salvia.
1453	1453	10 (d) The offense is a Level 5 felony if:
1454	1454	11 (1) the person has a prior conviction for a drug dealing offense
1455	1455	12 and the amount of the drug involved is:
1456	1456	13 (A) at least thirty (30) grams but less than ten (10) pounds of
1457	1457	14 marijuana; or
1458	1458	15 (B) at least five (5) grams but less than three hundred (300)
1459	1459	16 grams of hash oil, hashish, or salvia;
1460	1460	17 (2) the:
1461	1461	18 (A) amount of the drug involved is:
1462	1462	19 (i) at least ten (10) pounds of marijuana; or
1463	1463	20 (ii) at least three hundred (300) grams of hash oil, hashish,
1464	1464	21 or salvia; or
1465	1465	22 (B) offense involved a sale to a minor; or
1466	1466	23 (3) the:
1467	1467	24 (A) person is a retailer;
1468	1468	25 (B) marijuana, hash oil, hashish, or salvia is packaged in a
1469	1469	26 manner that appears to be low THC hemp extract; and
1470	1470	27 (C) person knew or reasonably should have known that the
1471	1471	28 product was marijuana, hash oil, hashish, or salvia.
1472	1472	29 (e) This section does not apply to a patient, caregiver, medical
1473	1473	30 marijuana organization, research facility, or transporter described
1474	1474	31 in IC 16-51 if the person is in substantial compliance with the
1475	1475	32 requirements of IC 16-51.
1476	1476	33 SECTION 26. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
1477	1477	34 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1478	1478	35 JULY 1, 2023]: Sec. 11. (a) A person who:
1479	1479	36 (1) knowingly or intentionally possesses (pure or adulterated)
1480	1480	37 marijuana, hash oil, hashish, or salvia;
1481	1481	38 (2) knowingly or intentionally grows or cultivates marijuana; or
1482	1482	39 (3) knowing that marijuana is growing on the person's premises,
1483	1483	40 fails to destroy the marijuana plants;
1484	1484	41 commits possession of marijuana, hash oil, hashish, or salvia, a Class
1485	1485	42 B misdemeanor, except as provided in subsections (b) through (c).
1486	1486	2023 IN 1263—LS 6266/DI 106 35
1487	1487	1 (b) The offense described in subsection (a) is a Class A
1488	1488	2 misdemeanor if:
1489	1489	3 (1) the person has a prior conviction for a drug offense; or
1490	1490	4 (2) the:
1491	1491	5 (A) marijuana, hash oil, hashish, or salvia is packaged in a
1492	1492	6 manner that appears to be low THC hemp extract; and
1493	1493	7 (B) person knew or reasonably should have known that the
1494	1494	8 product was marijuana, hash oil, hashish, or salvia.
1495	1495	9 (c) The offense described in subsection (a) is a Level 6 felony if:
1496	1496	10 (1) the person has a prior conviction for a drug offense; and
1497	1497	11 (2) the person possesses:
1498	1498	12 (A) at least thirty (30) grams of marijuana; or
1499	1499	13 (B) at least five (5) grams of hash oil, hashish, or salvia.
1500	1500	14 (d) This section does not apply to a patient, caregiver, medical
1501	1501	15 marijuana organization, research facility, or transporter described
1502	1502	16 in IC 16-51 if the person is in substantial compliance with the
1503	1503	17 requirements of IC 16-51.
1504	1504	18 SECTION 27. IC 35-52-16-94 IS ADDED TO THE INDIANA
1505	1505	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
1506	1506	20 [EFFECTIVE JULY 1, 2023]: Sec. 94. IC 16-51-24-3 defines a crime
1507	1507	21 concerning medical marijuana.
1508	1508	22 SECTION 28. IC 35-52-16-95 IS ADDED TO THE INDIANA
1509	1509	23 CODE AS A NEW SECTION TO READ AS FOLLOWS
1510	1510	24 [EFFECTIVE JULY 1, 2023]: Sec. 95. IC 16-51-24-4 defines a crime
1511	1511	25 concerning medical marijuana.
1512	1512	2023 IN 1263—LS 6266/DI 106