Introduced Version
HOUSE BILL No. 1263
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-30-5; IC 16-18-2; IC 16-51; IC 35-46-9-6;
IC 35-48-4; IC 35-52-16.
Synopsis: Medical marijuana. Permits the use of medical marijuana
by persons with serious medical conditions as determined by their
physician. Establishes a medical marijuana program to permit the
cultivation, processing, testing, transportation, and dispensing of
medical marijuana by holders of a valid permit. Requires the Indiana
department of health (state department) to implement and enforce the
medical marijuana program. Requires that permit holders undertake
steps to prevent diversion of medical marijuana to unauthorized
persons. Requires that medical marijuana and medical marijuana
products be properly labeled, placed in child resistant packaging, and
tested by an independent testing laboratory before being made
available for purchase. Prohibits packaging medical marijuana in a
manner that is appealing to children. Authorizes research on medical
marijuana in accordance with rules set forth by the state department.
Prohibits discrimination against medical marijuana users. Prohibits
harassment of medical marijuana users by law enforcement officers,
and prohibits cooperation with federal law enforcement officials
seeking to enforce federal laws that criminalize the use of marijuana
authorized in Indiana. Establishes the medical marijuana oversight
board to review appeals and grievances concerning the medical
marijuana program. Provides a defense to prosecution for a person who
operates a vehicle or motorboat with marijuana or its metabolite in the
person's blood under certain conditions that involve medical marijuana.
Makes conforming amendments.
Effective: July 1, 2023.
Lucas
January 11, 2023, read first time and referred to Committee on Public Health.
2023 IN 1263—LS 6266/DI 106 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1263
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 1. (a) A person who operates a vehicle with an
4 alcohol concentration equivalent to at least eight-hundredths (0.08)
5 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
6 per:
7 (1) one hundred (100) milliliters of the person's blood; or
8 (2) two hundred ten (210) liters of the person's breath;
9 commits a Class C misdemeanor.
10 (b) A person who operates a vehicle with an alcohol concentration
11 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
12 (1) one hundred (100) milliliters of the person's blood; or
13 (2) two hundred ten (210) liters of the person's breath;
14 commits a Class A misdemeanor.
15 (c) A person who operates a vehicle with a controlled substance
16 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
17 blood commits a Class C misdemeanor.
2023 IN 1263—LS 6266/DI 106 2
1 (d) It is a defense to subsection (c) that:
2 (1) the accused person consumed the controlled substance in
3 accordance with a valid prescription or order of a practitioner (as
4 defined in IC 35-48-1) who acted in the course of the
5 practitioner's professional practice; or
6 (2) the:
7 (A) controlled substance is marijuana or a metabolite of
8 marijuana;
9 (B) person was not intoxicated;
10 (C) person did not cause a traffic accident; and
11 (D) substance was identified by means of a chemical test taken
12 pursuant to IC 9-30-7; or
13 (3) the:
14 (A) controlled substance is marijuana or a metabolite of
15 marijuana;
16 (B) accused person is a person authorized to use medical
17 marijuana under IC 16-51; and
18 (C) accused person used the medical marijuana in
19 substantial compliance with the requirements of IC 16-51.
20 SECTION 2. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2023]: Sec. 4. (a) A person who causes serious bodily injury
23 to another person when operating a vehicle:
24 (1) with an alcohol concentration equivalent to at least
25 eight-hundredths (0.08) gram of alcohol per:
26 (A) one hundred (100) milliliters of the person's blood; or
27 (B) two hundred ten (210) liters of the person's breath;
28 (2) with a controlled substance listed in schedule I or II of
29 IC 35-48-2 or its metabolite in the person's blood; or
30 (3) while intoxicated;
31 commits a Level 5 felony. However, the offense is a Level 4 felony if
32 the person has a previous conviction of operating while intoxicated
33 within the five (5) years preceding the commission of the offense.
34 (b) A person who violates subsection (a) commits a separate offense
35 for each person whose serious bodily injury is caused by the violation
36 of subsection (a).
37 (c) It is a defense under subsection (a)(2) that:
38 (1) the accused person consumed the controlled substance in
39 accordance with a valid prescription or order of a practitioner (as
40 defined in IC 35-48-1) who acted in the course of the
41 practitioner's professional practice; or
42 (2) the:
2023 IN 1263—LS 6266/DI 106 3
1 (A) controlled substance is marijuana or a metabolite of
2 marijuana;
3 (B) accused person is a person authorized to use medical
4 marijuana under IC 16-51; and
5 (C) accused person used the medical marijuana in
6 substantial compliance with the requirements of IC 16-51.
7 SECTION 3. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 5. (a) A person who causes the death or
10 catastrophic injury of another person when operating a vehicle:
11 (1) with an alcohol concentration equivalent to at least
12 eight-hundredths (0.08) gram of alcohol per:
13 (A) one hundred (100) milliliters of the person's blood; or
14 (B) two hundred ten (210) liters of the person's breath;
15 (2) with a controlled substance listed in schedule I or II of
16 IC 35-48-2 or its metabolite in the person's blood; or
17 (3) while intoxicated;
18 commits a Level 4 felony.
19 (b) A person who causes the death of a law enforcement animal (as
20 defined in IC 35-46-3-4.5) when operating a vehicle:
21 (1) with an alcohol concentration equivalent to at least
22 eight-hundredths (0.08) gram of alcohol per:
23 (A) one hundred (100) milliliters of the person's blood; or
24 (B) two hundred ten (210) liters of the person's breath; or
25 (2) with a controlled substance listed in schedule I or II of
26 IC 35-48-2 or its metabolite in the person's blood;
27 commits a Level 6 felony.
28 (c) A person who commits an offense under subsection (a) or (b)
29 commits a separate offense for each person or law enforcement animal
30 whose death (or catastrophic injury, in the case of a person) is caused
31 by the violation of subsection (a) or (b).
32 (d) It is a defense under subsection (a) or (b) that:
33 (1) the person accused of causing the death or catastrophic injury
34 of another person or the death of a law enforcement animal when
35 operating a vehicle with a controlled substance listed in schedule
36 I or II of IC 35-48-2 or its metabolite in the person's blood
37 consumed the controlled substance in accordance with a valid
38 prescription or order of a practitioner (as defined in IC 35-48-1)
39 who acted in the course of the practitioner's professional practice;
40 or
41 (2) the:
42 (A) controlled substance is marijuana or a metabolite of
2023 IN 1263—LS 6266/DI 106 4
1 marijuana;
2 (B) accused person is a person authorized to use medical
3 marijuana under IC 16-51; and
4 (C) accused person used the medical marijuana in
5 substantial compliance with the requirements of IC 16-51.
6 SECTION 4. IC 16-18-2-48.8 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2023]: Sec. 48.8. "Caregiver", for purposes
9 of IC 16-51, has the meaning set forth in IC 16-51-1-1.
10 SECTION 5. IC 16-18-2-92.6, AS AMENDED BY P.L.101-2006,
11 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2023]: Sec. 92.6. (a) "Department", for purposes of
13 IC 16-31-8.5, has the meaning set forth in IC 16-31-8.5-1.
14 (b) "Department", for purposes of IC 16-47-1, has the meaning set
15 forth in IC 16-47-1-1.
16 (c) "Department", for purposes of IC 16-51, has the meaning set
17 forth in IC 16-51-1-1.
18 SECTION 6. IC 16-18-2-96.6 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2023]: Sec. 96.6. "Dispensary", for purposes
21 of IC 16-51, has the meaning set forth in IC 16-51-1-1.
22 SECTION 7. IC 16-18-2-122.6 IS ADDED TO THE INDIANA
23 CODE AS A NEW SECTION TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2023]: Sec. 122.6. "Family or household
25 member", for purposes of IC 16-51, has the meaning set forth in
26 IC 16-51-1-1.
27 SECTION 8. IC 16-18-2-139.6 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2023]: Sec. 139.6. "Form of medical
30 marijuana", for purposes of IC 16-51, has the meaning set forth in
31 IC 16-51-1-1.
32 SECTION 9. IC 16-18-2-154.5 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2023]: Sec. 154.5. "Grower", for purposes of
35 IC 16-51, has the meaning set forth in IC 16-51-1-1.
36 SECTION 10. IC 16-18-2-185.5 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2023]: Sec. 185.5. "Identification card", for
39 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1.
40 SECTION 11. IC 16-18-2-190.8 IS ADDED TO THE INDIANA
41 CODE AS A NEW SECTION TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2023]: Sec. 190.8. "INSPECT", for purposes
2023 IN 1263—LS 6266/DI 106 5
1 of IC 16-51, has the meaning set forth in IC 16-51-1-1.
2 SECTION 12. IC 16-18-2-216.5 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2023]: Sec. 216.5. "Marijuana", for purposes
5 of IC 16-51, has the meaning set forth in IC 16-51-1-1.
6 SECTION 13. IC 16-18-2-223.8 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2023]: Sec. 223.8. "Medical marijuana", for
9 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1.
10 SECTION 14. IC 16-18-2-223.9 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2023]: Sec. 223.9. "Medical marijuana
13 organization", for purposes of IC 16-51, has the meaning set forth
14 in IC 16-51-1-1.
15 SECTION 15. IC 16-18-2-272, AS AMENDED BY P.L.153-2018,
16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2023]: Sec. 272. (a) "Patient", for purposes of IC 16-27-1, has
18 the meaning set forth in IC 16-27-1-6.
19 (b) "Patient", for purposes of IC 16-28 and IC 16-29, means an
20 individual who has been accepted and assured care by a health facility.
21 (c) "Patient", for purposes of IC 16-36-1.5, has the meaning set forth
22 in IC 16-36-1.5-3.
23 (d) "Patient", for purposes of IC 16-39, means an individual who has
24 received health care services from a provider for the examination,
25 treatment, diagnosis, or prevention of a physical or mental condition.
26 (e) "Patient", for purposes of IC 16-51, has the meaning set
27 forth in IC 16-51-1-1.
28 SECTION 16. IC 16-18-2-273.7 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2023]: Sec. 273.7. "Permit", for purposes of
31 IC 16-51, has the meaning set forth in IC 16-51-1-1.
32 SECTION 17. IC 16-18-2-293.7 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2023]: Sec. 293.7. "Processor", for purposes
35 of IC 16-51, has the meaning set forth in IC 16-51-1-1.
36 SECTION 18. IC 16-18-2-328.7 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2023]: Sec. 328.7. "Serious medical
39 condition", for purposes of IC 16-51, has the meaning set forth in
40 IC 16-51-1-1.
41 SECTION 19. IC 16-18-2-351.7 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
2023 IN 1263—LS 6266/DI 106 6
1 [EFFECTIVE JULY 1, 2023]: Sec. 351.7. "Testing laboratory", for
2 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1.
3 SECTION 20. IC 16-18-2-354.2 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2023]: Sec. 354.2. "Transporter", for
6 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1.
7 SECTION 21. IC 16-51 IS ADDED TO THE INDIANA CODE AS
8 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
9 2023]:
10 ARTICLE 51. MEDICAL MARIJUANA
11 Chapter 1. Definitions
12 Sec. 1. The following definitions apply throughout this article:
13 (1) "Caregiver" means the individual designated by a patient
14 under this article to obtain, possess, deliver, and assist in the
15 administration of medical marijuana to the patient.
16 (2) "Department" means the Indiana department of health.
17 (3) "Dispensary" means a person that holds a permit issued
18 by the department to dispense medical marijuana.
19 (4) "Family or household member" means a person described
20 in IC 35-31.5-2-128.
21 (5) "Form of medical marijuana" means the characteristics
22 of the medical marijuana recommended for a particular
23 patient, including the method of consumption, and any
24 particular dosage, strain, variety, quantity, or percentage of
25 medical marijuana or of a particular active ingredient.
26 (6) "Grower" means a person that holds a permit issued by
27 the department to grow medical marijuana.
28 (7) "Identification card" means a document issued to a
29 patient or caregiver by the department authorizing access to
30 marijuana.
31 (8) "INSPECT" means the Indiana scheduled prescription
32 electronic collection and tracking program established by
33 IC 25-1-13-4.
34 (9) "Marijuana" has the meaning set forth in IC 35-48-1-19.
35 (10) "Medical marijuana" means marijuana for medical use.
36 (11) "Medical marijuana organization" means a dispensary,
37 a grower, a processor, or a testing laboratory.
38 (12) "Patient" means an individual who:
39 (A) has a serious medical condition; and
40 (B) meets the requirements for certification under this
41 article.
42 (13) "Permit" means an authorization issued by the
2023 IN 1263—LS 6266/DI 106 7
1 department to a medical marijuana organization to conduct
2 activities under this article.
3 (14) "Processor" means a person that holds a permit issued by
4 the department to process or convert plant material into a
5 marketable form.
6 (15) "Serious medical condition" means a medical condition
7 for which, in the professional opinion of a physician, the
8 benefits of treatment with medical marijuana are greater than
9 the risks of treatment with medical marijuana.
10 (16) "Testing laboratory" means a laboratory that analyzes
11 medical marijuana.
12 (17) "Transporter" means a person who transports medical
13 marijuana or paraphernalia. The term includes a person who
14 does not possess a permit or identification card.
15 Chapter 2. Medical Marijuana Program
16 Sec. 1. (a) The medical marijuana program is established to
17 serve patients suffering from a serious medical condition.
18 (b) The department shall administer the program.
19 (c) The department has regulatory and enforcement authority
20 over the growing, processing, sale, dispensing, transporting, and
21 use of medical marijuana.
22 Sec. 2. The department shall do the following:
23 (1) Issue a permit to a qualifying medical marijuana
24 organization authorizing it to grow, process, dispense, or test
25 medical marijuana.
26 (2) Establish and maintain an electronic data base to store
27 and track information relating to the medical marijuana
28 program. The electronic data base must:
29 (A) have the ability to authenticate in real time an
30 identification card presented to a dispensary;
31 (B) track in real time the amount of marijuana provided to
32 a patient or caregiver at a dispensary, and share this
33 information in real time with other dispensaries to prevent
34 diversion;
35 (C) store records relating to a physician's certification,
36 including, if applicable, the recommended form of
37 marijuana and any early expiration date recommended by
38 the physician; and
39 (D) track the cultivation, processing, transport, storage,
40 and dispensing of medical marijuana.
41 (3) Maintain within the department's electronic data base an
42 electronic directory of patients and caregivers approved to
2023 IN 1263—LS 6266/DI 106 8
1 use or assist in the administration of medical marijuana.
2 (4) Develop enforcement procedures, including announced
3 and unannounced inspections of:
4 (A) a dispensary;
5 (B) a grower facility;
6 (C) a processor facility; and
7 (D) all records of a medical marijuana organization.
8 (5) Establish a program to authorize the use of medical
9 marijuana for medical research purposes, and issue
10 documents to permit a researcher to obtain medical
11 marijuana for research purposes.
12 (6) Establish and maintain public outreach programs about
13 the medical marijuana program, including:
14 (A) a dedicated telephone number for patients, caregivers,
15 and members of the public to obtain basic information
16 about the dispensing of medical marijuana; and
17 (B) a publicly accessible website with similar information.
18 (7) Collaborate as necessary with other state agencies, and
19 contract with third parties as necessary to carry out the
20 medical marijuana program.
21 (8) Develop record keeping requirements for all books,
22 papers, any electronic data base or tracking system data, and
23 other information of a medical marijuana organization.
24 Information shall be retained for at least four (4) years unless
25 otherwise provided by the department.
26 (9) Restrict the advertising and marketing of medical
27 marijuana, which must be consistent with the federal
28 regulations governing prescription drug advertising and
29 marketing.
30 Sec. 3. (a) The department shall adopt rules under IC 4-22-2 to
31 implement this article.
32 (b) The department may adopt emergency rules in the manner
33 provided under IC 4-22-2-37.1 to implement this article.
34 Emergency rules adopted under this subsection expire on the later
35 of:
36 (1) the date permanent rules are adopted to replace the
37 emergency rules; or
38 (2) July 1, 2024.
39 Sec. 4. (a) The department shall maintain a confidential list of
40 patients and caregivers to whom it has issued identification cards.
41 Except as provided in subsection (b), all information obtained by
42 the department relating to patients, caregivers, and other
2023 IN 1263—LS 6266/DI 106 9
1 applicants is confidential.
2 (b) The following records are public:
3 (1) An application for a permit submitted by a medical
4 marijuana organization.
5 (2) Information relating to penalties or other disciplinary
6 actions taken against a medical marijuana organization for
7 violation of this article.
8 Chapter 3. Use of Medical Marijuana
9 Sec. 1. Notwithstanding any law to the contrary, the use,
10 possession, delivery, distribution, transport, cultivation, or
11 manufacture of:
12 (1) medical marijuana; or
13 (2) paraphernalia used in connection with medical marijuana;
14 is lawful if the use or possession complies with this article.
15 However, this article does not authorize a person to operate a
16 motor vehicle, motorboat, or any other device or equipment while
17 under the influence of medical marijuana.
18 Sec. 2. The use of medical marijuana is subject to the following:
19 (1) Medical marijuana may be dispensed only to:
20 (A) a patient who receives a certification from a physician
21 and is in possession of a valid identification card issued by
22 the department that authorizes dispensing marijuana to
23 the patient;
24 (B) a caregiver who possesses a valid identification card
25 issued by the department; or
26 (C) a research facility authorized by the department, under
27 terms and conditions established by the department.
28 (2) If a physician has ordered that medical marijuana be
29 dispensed in a specific form, medical marijuana may be
30 dispensed only in that form.
31 (3) An individual may not act as a caregiver for more than ten
32 (10) patients.
33 (4) A patient may designate up to two (2) caregivers at any
34 one (1) time.
35 (5) Medical marijuana that has not been used by the patient
36 shall be kept in the original package in which it was
37 dispensed.
38 (6) A patient or caregiver shall possess an identification card
39 whenever the patient or caregiver is in possession of medical
40 marijuana.
41 (7) A product packaged by a medical marijuana organization
42 may be identified only by:
2023 IN 1263—LS 6266/DI 106 10
1 (A) the name of the grower or processor;
2 (B) the name of the dispensary;
3 (C) the form and species of medical marijuana;
4 (D) the percentage of tetrahydrocannabinol and
5 cannabinol contained in the product; and
6 (E) any other labeling required by the department.
7 Sec. 3. Except as expressly otherwise provided in this article, the
8 possession or use of medical marijuana is unlawful.
9 Sec. 4. The following acts are unlawful:
10 (1) To grow medical marijuana unless the person:
11 (A) is a grower that has received a permit from the
12 department;
13 (B) is a patient with a valid identification card who is
14 authorized to cultivate marijuana for personal use under
15 this article; or
16 (C) is a research facility authorized by the department.
17 (2) To dispense medical marijuana unless the dispensary has
18 received a permit from the department.
19 Chapter 4. Physicians
20 Sec. 1. (a) A physician who issues a patient certification under
21 this article may not have an ownership interest in a medical
22 marijuana organization.
23 (b) A physician may issue a certification to a patient only if the
24 physician:
25 (1) establishes and intends to maintain a bona fide
26 physician-patient relationship with the patient for the
27 provision of medical services that is established by an in
28 person visit and for which there is an expectation that the
29 physician will provide care to the patient on an ongoing basis;
30 or
31 (2) establishes coordination with the patient's existing
32 primary physician for treatment of the patient's serious
33 medical condition.
34 (c) A physician who violates this section may be subject to
35 professional discipline.
36 Sec. 2. A physician may issue a certification to use medical
37 marijuana to a patient if the following requirements are met:
38 (1) The physician has determined that the patient has a
39 serious medical condition and has included the condition in
40 the patient's health care record.
41 (2) The patient is under the physician's continuing care for the
42 serious medical condition, except as provided in section
2023 IN 1263—LS 6266/DI 106 11
1 1(b)(2) of this chapter.
2 (3) The physician has determined the patient is likely to
3 receive therapeutic or palliative benefit from the use of
4 medical marijuana.
5 Sec. 3. A physician issuing a certification under section 1(b)(2)
6 of this chapter may not issue a certification unless the physician
7 has contacted the patient's existing primary physician to discuss
8 the patient's serious medical condition and which form of medical
9 marijuana the patient is likely to benefit from.
10 Sec. 4. A certification must include the following information:
11 (1) The patient's name, date of birth, and address.
12 (2) The specific serious medical condition of the patient.
13 (3) A statement by the physician that the patient has a serious
14 medical condition and the patient is under continuing care for
15 the serious medical condition that is provided by:
16 (A) the physician; or
17 (B) the patient's primary physician (as described under
18 section 1(b)(2) of this chapter).
19 (4) The date of issuance.
20 (5) The name, address, telephone number, and signature of
21 the physician.
22 (6) Any requirement or limitation concerning the appropriate
23 form of medical marijuana, and any limitation on the
24 duration of use, if applicable.
25 Sec. 5. (a) A physician shall review INSPECT:
26 (1) to determine the controlled substance history of a patient,
27 before issuing a certification; and
28 (2) before recommending a change of amount or form of
29 medical marijuana.
30 (b) A physician may access INSPECT to do any of the following:
31 (1) To determine whether a patient is under treatment with a
32 controlled substance by another physician or other person.
33 (2) To allow the physician to review the patient's controlled
34 substance history as considered necessary by the physician.
35 (3) To provide to the patient, or caregiver on behalf of the
36 patient if authorized by the patient, a copy of the patient's
37 controlled substance history.
38 Sec. 6. A physician shall do the following:
39 (1) Provide the certification to the patient.
40 (2) Provide a copy of the certification to the department,
41 which shall place the information in the patient directory
42 within the department's electronic data base. The certification
2023 IN 1263—LS 6266/DI 106 12
1 may be transmitted to the department electronically.
2 (3) File a copy of the certification in the patient's health care
3 record.
4 Sec. 7. A physician may not issue a certification for the
5 physician's own use or for the use of a family or household member
6 of the physician.
7 Chapter 5. Certification Form
8 Sec. 1. The department shall develop a standard certification
9 form, which it shall provide to a physician upon request. The form
10 must be available electronically. The form must include a
11 statement that a false statement made by a physician is punishable
12 under the penalties of perjury.
13 Chapter 6. Patients
14 Sec. 1. The department shall issue an identification card to a
15 patient who has a valid certification and who otherwise meets the
16 requirements of this article.
17 Sec. 2. The department shall issue an identification card to a
18 caregiver designated by the patient in accordance with this article.
19 Sec. 3. Except as provided in section 4 of this chapter, an
20 identification card issued to a patient authorizes the patient to
21 obtain and use medical marijuana as authorized by this article.
22 Except as provided in section 4 of this chapter, an identification
23 card issued to a caregiver authorizes the caregiver to obtain
24 medical marijuana on behalf of the patient.
25 Sec. 4. (a) A patient holding a valid identification card may
26 cultivate marijuana for the patient's own use if the patient
27 complies with the following requirements:
28 (1) The patient notifies the department on or before the date
29 that the patient begins cultivation and informs the department
30 of the number of plants the patient intends to cultivate and the
31 location of cultivation.
32 (2) The patient cultivates not more than six (6) plants.
33 (3) Not more than three (3) of the plants may be mature at
34 any one (1) time.
35 (4) Marijuana from the plant is used only for the patient's
36 personal use.
37 (5) Not later than thirty (30) days before the expected date
38 that the plants become mature, the patient notifies the
39 department of the anticipated maturity date.
40 (b) If the mature plants of a patient cultivating marijuana for
41 the patient's own use die, become damaged, or are otherwise
42 unable to produce marijuana for medical use, the patient shall
2023 IN 1263—LS 6266/DI 106 13
1 notify the department, which shall reinstate the person's
2 authorization to obtain marijuana from a dispensary not later than
3 fifteen (15) days after receipt of the notice.
4 Chapter 7. Identification Cards
5 Sec. 1. The department shall do the following:
6 (1) Review an application for an identification card.
7 (2) Review the certification submitted by the physician.
8 (3) Issue identification cards to patients and caregivers.
9 (4) Note in the electronic data base if a patient or caregiver
10 identification card may not be used to obtain marijuana from
11 a dispensary because the patient is cultivating the patient's
12 own marijuana.
13 Sec. 2. A patient or a caregiver may apply, in a form and
14 manner prescribed by the department, for issuance or renewal of
15 an identification card. A caregiver must submit a separate
16 application for issuance or renewal. Each application must include:
17 (1) the name, address, and date of birth of the patient;
18 (2) the name, address, and date of birth of a caregiver, if
19 applicable;
20 (3) a copy of the certification issued by the physician;
21 (4) the name, address, and telephone number of the physician;
22 (5) the signature of the applicant and the date signed; and
23 (6) any other information required by the department.
24 Sec. 3. The fee to apply for or to renew an identification card is
25 fifty dollars ($50). The department may waive or reduce the fee if
26 the applicant demonstrates financial hardship.
27 Sec. 4. The department shall make application and renewal
28 forms available on the department's website.
29 Sec. 5. (a) The identification card of a patient or caregiver
30 expires one (1) year after the date of issuance, unless a physician
31 has specified that a patient should use medical marijuana for less
32 than one (1) year.
33 (b) If a physician has specified that a patient's use of medical
34 marijuana should be limited to certain forms of medical
35 marijuana, the types of medical marijuana must be listed on the
36 identification card.
37 Sec. 6. (a) The department shall issue separate identification
38 cards for a patient and a caregiver as soon as reasonably
39 practicable after receiving a properly completed application.
40 (b) If the department determines that an application is
41 incomplete or factually inaccurate, the department shall promptly
42 notify the applicant.
2023 IN 1263—LS 6266/DI 106 14
1 (c) If a patient application designates an individual as a
2 caregiver who is not authorized to be a caregiver, the department
3 shall deny that portion of the application, but may approve the
4 balance of the application.
5 Sec. 7. (a) A patient or caregiver who has been issued an
6 identification card shall notify the department not later than ten
7 (10) days after any change of name or address.
8 (b) A patient shall notify the department within ten (10) days if
9 a physician has determined the patient no longer has the serious
10 medical condition noted on the certification.
11 Sec. 8. (a) If the identification card of a patient or caregiver is
12 lost, stolen, destroyed, or made illegible, the patient or caregiver
13 shall apply to the department for a replacement card not later than
14 ten (10) days after discovery of the loss or defacement. The
15 application for a replacement card shall be on a form furnished by
16 the department and accompanied by a twenty-five dollar ($25) fee.
17 The department may establish higher fees for issuance of second
18 and subsequent replacement identification cards.
19 (b) The department may waive or reduce the fee in cases of
20 demonstrated financial hardship.
21 (c) The department shall issue a replacement identification card
22 as soon as practicable.
23 (d) A patient or caregiver may not obtain medical marijuana
24 from a dispensary until the department issues the replacement
25 card.
26 Sec. 9. The identification card must contain the following
27 information:
28 (1) The name of the patient or the caregiver, as applicable.
29 The identification card must also state whether the individual
30 is designated as a patient or as a caregiver.
31 (2) The date of issuance and expiration date.
32 (3) A unique identification number for the patient or
33 caregiver, as applicable.
34 (4) A photograph of the individual to whom the identification
35 card is issued.
36 (5) Any requirement or limitation set by the physician as to
37 the form of medical marijuana.
38 (6) Any other requirements as determined by the department.
39 However, the department may not require that an
40 identification card disclose the patient's serious medical
41 condition.
42 The department shall establish guidelines specifying an acceptable
2023 IN 1263—LS 6266/DI 106 15
1 photograph under subdivision (4) and shall provide a reasonable
2 accommodation for a patient who is confined to the patient's home
3 or is in inpatient care.
4 Sec. 10. The department shall monthly transmit fees received
5 under this chapter to the auditor of state for deposit in the state
6 general fund.
7 Chapter 8. Caregivers
8 Sec. 1. (a) A caregiver must be at least eighteen (18) years of
9 age.
10 (b) A caregiver may be less than twenty-one (21) years of age
11 only if the department determines that it is in the best interests of
12 the patient that a specific person less than twenty-one (21) years of
13 age serves as a caregiver.
14 Sec. 2. (a) A patient may terminate the person's designation as
15 caregiver at any time.
16 (b) The patient shall notify the department that the patient has
17 terminated the person's caregiver designation as soon as
18 reasonably practicable after the termination.
19 (c) Upon learning that a patient has terminated a person's
20 caregiver designation, the department shall cancel the caregiver's
21 identification card and notify the caregiver to return the physical
22 copy of the card.
23 Sec. 3. If a patient designates a caregiver, the caregiver may
24 submit an application for an identification card as a caregiver. The
25 caregiver application must include:
26 (1) the name, address, and date of birth of the caregiver;
27 (2) if the caregiver has an identification card for the caregiver
28 (as a patient) or another patient (as caregiver), the expiration
29 date of each identification card; and
30 (3) any other information required by the department.
31 The application must be signed and dated by the caregiver
32 applicant and verified under penalties of perjury.
33 Sec. 4. (a) Except as provided in subsection (c), before the
34 caregiver application is approved, the caregiver must authorize the
35 department to perform a national criminal history background
36 check of the caregiver.
37 (b) The caregiver is responsible for the fee for the national
38 criminal history background check.
39 (c) The department may conduct only one (1) national criminal
40 history background check of the caregiver per year.
41 Sec. 5. The caregiver shall pay an application fee of fifty dollars
42 ($50). The department may waive or reduce the fee in cases of
2023 IN 1263—LS 6266/DI 106 16
1 demonstrated financial hardship.
2 Sec. 6. (a) After receiving the caregiver application, the fee, and
3 the results of the national criminal history background check, the
4 department shall:
5 (1) verify the information contained in the application; and
6 (2) review INSPECT with respect to the applicant.
7 (b) The department may deny a caregiver application if it finds
8 that the caregiver has:
9 (1) been convicted of a criminal offense within the previous
10 five (5) years relating to the sale or possession of a controlled
11 substance; or
12 (2) a history of drug abuse.
13 Sec. 7. The department shall monthly transmit fees received
14 under this chapter to the auditor of state for deposit in the state
15 general fund.
16 Chapter 9. Minor Patients
17 Sec. 1. If a patient is less than eighteen (18) years of age, the
18 following apply:
19 (1) The patient must have a caregiver.
20 (2) The caregiver must be:
21 (A) the patient's parent or legal guardian;
22 (B) an individual designated by a parent or legal guardian;
23 or
24 (C) an appropriate individual approved by the department
25 on a sufficient showing that no parent or legal guardian is
26 appropriate or available.
27 Chapter 10. Suspension
28 Sec. 1. If a patient or caregiver knowingly, intentionally, or
29 recklessly:
30 (1) violates any provision of this article; or
31 (2) transfers or sells medical marijuana to a person not
32 qualified as a patient under this article;
33 the department may suspend or revoke the patient's or caregiver's
34 identification card. The suspension or revocation is in addition to
35 any criminal or other penalty.
36 Chapter 11. General Prohibitions
37 Sec. 1. A person may not operate a motor vehicle, including a
38 motorboat, while under the influence of medical marijuana.
39 Sec. 2. A patient may not perform any employment duties in
40 exposed high places or in confined spaces while under the influence
41 of medical marijuana.
42 Sec. 3. A patient's employer may prohibit a patient from
2023 IN 1263—LS 6266/DI 106 17
1 performing any task while under the influence of medical
2 marijuana. The prohibition is not an adverse employment decision
3 or unlawful discrimination even if the prohibition results in
4 financial harm for the patient.
5 Chapter 12. Medical Marijuana Organizations
6 Sec. 1. The following entities may receive a permit to operate as
7 a medical marijuana organization to grow, process, or dispense
8 medical marijuana:
9 (1) A grower.
10 (2) A processor.
11 (3) A dispensary.
12 Sec. 2. A medical marijuana organization may not receive a
13 permit if a person having an ownership interest in the medical
14 marijuana organization has a felony conviction that has not been
15 expunged.
16 Sec. 3. (a) The department shall develop an application for a:
17 (1) grower permit allowing the grower to grow medical
18 marijuana;
19 (2) dispensary permit allowing a dispensary to dispense
20 medical marijuana;
21 (3) processor permit allowing a processor to process medical
22 marijuana; and
23 (4) testing laboratory permit allowing a testing laboratory to
24 test medical marijuana.
25 (b) The following information must be included on the permit
26 application:
27 (1) The name, address, telephone number, and other contact
28 information for every person having an ownership interest in
29 the medical marijuana organization.
30 (2) Information relating to a similar permit, license, or other
31 authorization granted in another jurisdiction, including any
32 suspensions, revocations, or discipline in that jurisdiction.
33 (3) A release authorizing the department to conduct a
34 background check of the persons having an ownership
35 interest in the medical marijuana organization.
36 (4) A statement as to whether the applicant intends to operate
37 as a grower, a processor, or a dispensary, and a concise
38 description of the business activities in which the medical
39 marijuana organization intends to engage.
40 (5) The address or other location where the medical
41 marijuana organization intends to operate.
42 (6) A statement that no person having an ownership interest
2023 IN 1263—LS 6266/DI 106 18
1 in the medical marijuana organization has a felony conviction
2 that has not been expunged.
3 (7) Any other information required by the department.
4 (c) A permit application described in this section shall be
5 verified and completed subject to the penalties of perjury.
6 (d) An applicant shall submit the appropriate application and
7 permit fees at the time the applicant submits the application.
8 Chapter 13. Medical Marijuana Organization Permits
9 Sec. 1. The department shall grant a medical marijuana
10 organization permit if the department makes the following
11 findings:
12 (1) The applicant will maintain effective control of medical
13 marijuana in the custody of the applicant.
14 (2) The applicant will comply with all state statutes, all rules
15 adopted by the department, and any ordinances adopted by a
16 unit.
17 (3) The applicant has the ability to properly carry out the
18 activity for which the permit is sought.
19 (4) The applicant has sufficient financial means to acquire all
20 property, equipment, and permits required to properly grow,
21 process, or dispense medical marijuana.
22 (5) The applicant is able to implement and maintain
23 appropriate security, tracking, record keeping, and
24 surveillance systems relating to the acquisition, possession,
25 growth, manufacture, sale, delivery, transportation,
26 distribution, or dispensing of medical marijuana.
27 (6) The applicant satisfies any other conditions required
28 under rules adopted by the department.
29 (7) Granting a permit to the applicant serves the public
30 interest.
31 Sec. 2. If the department finds that information included in the
32 application is insufficient for the department to grant a permit to
33 the medical marijuana organization, the department may request
34 that the applicant submit additional documentation relating to one
35 (1) or more items listed in section 1 of this chapter.
36 Sec. 3. (a) Except as provided under subsection (b), a permit
37 granted under this chapter is nontransferable.
38 (b) A permit holder may transfer a permit to a person
39 authorized to hold a permit in accordance with rules adopted by
40 the department if:
41 (1) the permit holder has held the permit for at least
42 twenty-four (24) months; or
2023 IN 1263—LS 6266/DI 106 19
1 (2) the transfer is necessary due to the death or disability of
2 the permit holder or a similar severe hardship. For purposes
3 of this subdivision, financial hardship is not a severe hardship.
4 Sec. 4. A permit granted under this application is valid for one
5 (1) year after the date of issuance.
6 Sec. 5. (a) A permit may be renewed for one (1) or more
7 additional one (1) year periods.
8 (b) The department shall establish deadlines for filing a renewal
9 application that provide the department with sufficient time to
10 review the application without causing an interruption in the
11 medical marijuana organization's activities.
12 (c) The same standards that apply for granting an initial
13 application apply to an application for renewal. In determining
14 whether the renewal of a permit serves the public interest, the
15 department shall consider the manner in which the renewal
16 applicant has operated the medical marijuana organization and
17 complied with all relevant laws.
18 Sec. 6. A permit issued by the department to a medical
19 marijuana organization must include the following information:
20 (1) The name and address of the medical marijuana
21 organization.
22 (2) The type of permit.
23 (3) The activities permitted under the permit.
24 (4) A description of the property and facilities authorized to
25 be used by the medical marijuana organization.
26 (5) Any other information required by the department.
27 Sec. 7. The department may suspend or revoke all or part of a
28 permit granted under this chapter if, following a hearing, the
29 department finds the following:
30 (1) That one (1) or more of the determinations made under
31 section 1 of this chapter are no longer valid.
32 (2) That the medical marijuana organization knowingly or
33 intentionally sold or distributed medical marijuana to a
34 person not qualified as a patient under this article.
35 (3) That the medical marijuana organization has failed to
36 maintain effective control against diversion of medical
37 marijuana.
38 (4) That the medical marijuana organization has violated a
39 provision of this article or a rule adopted by the department.
40 (5) That the medical marijuana organization has failed to
41 comply with another law regulating controlled substances.
42 Sec. 8. (a) An applicant for a medical marijuana organization
2023 IN 1263—LS 6266/DI 106 20
1 permit has a continuing duty to notify the department of any
2 material change in facts or circumstances relating to the
3 applicant's application, including a change in ownership.
4 (b) An applicant's duty to notify the department begins on the
5 date the applicant submits the application and continues for as long
6 as the applicant holds a permit.
7 Sec. 9. The department may, upon request of a permit holder,
8 amend an existing permit to authorize a permit holder to:
9 (1) move the permit holder's operations from one (1) location
10 to another; or
11 (2) perform additional activities, or cease the performance of
12 certain activities now performed, at the permit holder's
13 facility;
14 if the department finds that the amendment is reasonable under
15 the circumstances.
16 Chapter 14. General Duties of a Permit Holder
17 Sec. 1. The holder of a medical marijuana organization permit
18 must do the following:
19 (1) Report the loss, theft, or unexplained disappearance of
20 medical marijuana to a law enforcement agency not later than
21 twenty-four (24) hours after the loss, theft, or disappearance
22 is discovered.
23 (2) Permit announced or unannounced inspections by the
24 department of all medical marijuana organization facilities
25 and records.
26 Chapter 15. Application and Permit Fees
27 Sec. 1. The following fees apply to a grower:
28 (1) A nonrefundable grower permit application fee of ten
29 thousand dollars ($10,000).
30 (2) A refundable grower permit fee of fifty thousand dollars
31 ($50,000).
32 (3) A refundable grower permit renewal fee of ten thousand
33 dollars ($10,000).
34 (4) A nonrefundable permit amendment fee of two hundred
35 fifty dollars ($250).
36 Sec. 2. The following fees apply to a processor:
37 (1) A nonrefundable processor permit application fee of ten
38 thousand dollars ($10,000).
39 (2) A refundable processor permit fee of fifty thousand dollars
40 ($50,000).
41 (3) A refundable processor permit renewal fee of ten thousand
42 dollars ($10,000).
2023 IN 1263—LS 6266/DI 106 21
1 (4) A nonrefundable permit amendment fee of two hundred
2 fifty dollars ($250).
3 Sec. 3. The following fees apply to a dispensary:
4 (1) A nonrefundable dispensary permit application fee of five
5 thousand dollars ($5,000).
6 (2) A refundable dispensary permit fee of twenty thousand
7 dollars ($20,000) for each dispensary location.
8 (3) A refundable dispensary permit renewal fee of five
9 thousand dollars ($5,000) for each dispensary location.
10 (4) A nonrefundable permit amendment fee of two hundred
11 fifty dollars ($250).
12 Sec. 4. The following fees apply to a testing laboratory:
13 (1) A nonrefundable testing laboratory permit application fee
14 of two thousand dollars ($2,000).
15 (2) A refundable testing laboratory permit fee of ten thousand
16 dollars ($10,000) for each testing laboratory location.
17 (3) A refundable testing laboratory permit renewal fee of two
18 thousand dollars ($2,000) for each testing laboratory location.
19 (4) A nonrefundable permit amendment fee of two hundred
20 fifty dollars ($250).
21 Sec. 5. An applicant must submit the application fee and permit
22 fee at the time the applicant submits the application.
23 Sec. 6. (a) The department shall retain the application fee even
24 if the application is not approved.
25 (b) The department shall refund the permit fee and renewal fee
26 if the permit or renewal is not approved. However, the permit fee
27 and renewal fee are not refundable if the permit is initially granted
28 but later suspended or revoked.
29 (c) The department shall retain the permit amendment fee even
30 if the application for amendment is not approved.
31 Sec. 7. The department shall transfer all fees to the auditor of
32 state for deposit in the state general fund.
33 Chapter 16. Tracking and Record Keeping
34 Sec. 1. (a) A medical marijuana organization must implement an
35 electronic inventory tracking system, which must be directly
36 accessible to the department through an electronic data base that
37 is updated at least one (1) time each day.
38 (b) The electronic inventory tracking system must include the
39 following:
40 (1) For a grower, a seed to sale tracking system that tracks the
41 medical marijuana from seed to plant until the medical
42 marijuana is sold or transferred to its final destination.
2023 IN 1263—LS 6266/DI 106 22
1 (2) For a processor, a system that tracks medical marijuana
2 from its purchase from a grower to its transfer to a
3 dispensary, testing laboratory, or research facility as
4 authorized by this article.
5 (3) For a dispensary, a system that tracks medical marijuana
6 from its purchase from a grower or processor to its sale to a
7 patient or caregiver or transfer to a testing laboratory,
8 research facility, grower, or processor as authorized by this
9 article.
10 (4) For a dispensary, a system to verify that an identification
11 card presented by a patient or caregiver:
12 (A) is valid; and
13 (B) authorizes the patient or caregiver to receive
14 marijuana from a dispensary.
15 (5) For a medical marijuana organization, a:
16 (A) daily log of each day's beginning inventory,
17 acquisitions, amounts purchased and sold, disbursements,
18 disposals, and ending inventory, including prices paid and
19 amounts collected from patients and caregivers;
20 (B) system to recall defective medical marijuana; and
21 (C) system to track the waste resulting from the growth of
22 medical marijuana, including the name and address of a
23 disposal service.
24 Sec. 2. A medical marijuana organization must implement a
25 plan for:
26 (1) security and surveillance; and
27 (2) record keeping and record retention.
28 Sec. 3. The department:
29 (1) shall require a medical marijuana organization to make an
30 annual report to the department; and
31 (2) may require a medical marijuana organization to make a
32 quarterly report to the department.
33 The department shall determine the form and contents of the
34 report and may make all or part of the report available to the
35 public.
36 Chapter 17. Grower Operations
37 Sec. 1. A person holding a grower permit may do all the
38 following in accordance with rules adopted by the department:
39 (1) Obtain seed and plant material from another grower.
40 (2) Sell and transport seed and plant material to another
41 grower or processor.
42 (3) Sell and transport medical marijuana to a processor,
2023 IN 1263—LS 6266/DI 106 23
1 dispensary, testing laboratory, or research facility authorized
2 by the department.
3 Sec. 2. The department shall determine the manner in which
4 medical marijuana may be grown, harvested, and stored at the
5 cultivation or harvesting facility.
6 Sec. 3. The department shall determine the manner in which
7 transportation of medical marijuana shall be conducted between
8 or among growers, processors, testing laboratories, research
9 facilities, and dispensaries. Rules adopted by the department must
10 include the following:
11 (1) Requirements relating to shipping containers and
12 packaging.
13 (2) The manner in which trucks, vans, trailers, or other
14 carriers will be secured.
15 (3) Obtaining copies of driver's licenses and registrations and
16 other information related to security and tracking.
17 (4) The use of a GPS tracking system.
18 (5) Record keeping requirements for delivery and receipt of
19 medical marijuana products.
20 Sec. 4. A grower shall contract with an independent testing
21 laboratory to test the medical marijuana produced by the grower.
22 The department shall approve the testing laboratory and require
23 that the laboratory report testing results in the manner determined
24 by the department. If a grower learns that the grower's sample has
25 failed required testing, the grower must take steps to remediate the
26 harvest to allowable levels under IC 16-51-20-3, or immediately
27 dispose of the harvest.
28 Chapter 18. Processor Operations
29 Sec. 1. A person holding a processor permit may do all the
30 following in accordance with rules adopted by the department:
31 (1) Obtain plant material from a grower.
32 (2) Sell and transport processed medical marijuana to another
33 grower or processor.
34 (3) Sell and transport medical marijuana to a processor,
35 dispensary, testing laboratory, or research facility authorized
36 by the department.
37 Sec. 2. The department shall determine the manner in which
38 medical marijuana may be processed or stored at the processor
39 facility.
40 Sec. 3. The department shall determine the manner in which
41 transportation of medical marijuana shall be conducted between
42 or among medical marijuana organizations and research facilities.
2023 IN 1263—LS 6266/DI 106 24
1 Rules adopted by the department must include the following:
2 (1) Requirements relating to shipping containers and
3 packaging.
4 (2) The manner in which trucks, vans, trailers, or other
5 carriers will be secured.
6 (3) Obtaining copies of driver's licenses and registrations and
7 other information related to security and tracking.
8 (4) The use of a GPS tracking system.
9 (5) Record keeping requirements for delivery and receipt of
10 medical marijuana products.
11 Sec. 4. A processor shall develop a plan to ensure that medical
12 marijuana products are properly labeled, are not packaged in a
13 manner that is appealing to children, and are placed in child
14 resistant packaging.
15 Sec. 5. A processor shall include on its labeling of medical
16 marijuana products the following:
17 (1) The number of doses contained within the package, the
18 species, and the percentage of tetrahydrocannabinol and
19 cannabinol.
20 (2) A warning that the medical marijuana must be kept in the
21 original container in which it was dispensed.
22 (3) A warning that unauthorized use is unlawful and will
23 subject the person to criminal penalties.
24 (4) A list of ingredients.
25 (5) Any other information required by the department.
26 Sec. 6. A processor shall contract with an independent testing
27 laboratory to test the medical marijuana product produced by the
28 processor. The testing laboratory must be approved by the
29 department, and the department shall require that the laboratory
30 report testing results in the manner determined by the department.
31 If a processor learns that a sample submitted by the processor has
32 failed required testing, the processor must take steps to remediate
33 the product to allowable levels under IC 16-51-20-3, or
34 immediately dispose of the batch.
35 Chapter 19. Dispensary Operations
36 Sec. 1. A dispensary holding a valid permit under this article
37 may dispense medical marijuana to a patient or caregiver upon
38 presentation of a valid identification card for that patient or
39 caregiver and electronic verification that the identification card is
40 valid and authorizes the patient or caregiver to receive medical
41 marijuana from a dispensary.
42 Sec. 2. The dispensary shall provide to the patient or caregiver
2023 IN 1263—LS 6266/DI 106 25
1 a receipt including all of the following:
2 (1) The name and address of the dispensary.
3 (2) The name and address of the patient and caregiver (if
4 applicable).
5 (3) The date the medical marijuana was dispensed.
6 (4) Any requirement or limitation by the physician as to the
7 form of medical marijuana for the patient.
8 (5) The form and the quantity of medical marijuana
9 dispensed.
10 Sec. 3. (a) For purposes of this section:
11 (1) eight (8) grams of concentrated marijuana; or
12 (2) eighty (80) ten (10) milligram doses of
13 tetrahydrocannabinol;
14 is equivalent to one (1) ounce of medical marijuana.
15 (b) A dispensary may not dispense:
16 (1) more than one (1) ounce of medical marijuana to a patient
17 (or caregiver on behalf of a specific patient) per day;
18 (2) a form of medical marijuana that the patient is not
19 permitted to possess; or
20 (3) medical marijuana to a patient who is cultivating mature
21 marijuana plants for the patient's own use.
22 Sec. 4. The medical marijuana packaging must include the
23 following information:
24 (1) The number of doses contained within the package, the
25 species, and the percentage of tetrahydrocannabinol and
26 cannabinol.
27 (2) A warning that the medical marijuana must be kept in the
28 original container in which it was dispensed.
29 (3) A warning that unauthorized use is unlawful and will
30 subject the person to criminal penalties.
31 (4) Any other information required by the department.
32 Sec. 5. A dispensary:
33 (1) may dispense medical marijuana only in an indoor,
34 enclosed, secure facility located in Indiana;
35 (2) may sell medical devices and instruments that are needed
36 to administer medical marijuana; and
37 (3) may sell services approved by the department related to
38 the use of medical marijuana.
39 Sec. 6. A dispensary shall post a copy of its permit in a location
40 within its facility in a manner that is easily observable by the
41 public.
42 Sec. 7. A dispensary shall establish a plan to:
2023 IN 1263—LS 6266/DI 106 26
1 (1) prevent diversion of medical marijuana and medical
2 marijuana products; and
3 (2) ensure a patient is not dispensed more than one (1) ounce
4 of medical marijuana per day.
5 Chapter 20. Testing Laboratory Operations
6 Sec. 1. A testing laboratory may test medical marijuana from a
7 medical marijuana organization in accordance with rules adopted
8 by the department if:
9 (1) it holds a valid permit issued under this article; or
10 (2) it is already accredited as a testing laboratory to
11 International Organization for Standardization (ISO) 17025
12 by a third party accrediting body such as the American
13 Association for Laboratory Accreditation (A2LA) or Assured
14 Calibration and Laboratory Accreditation Select Services
15 (ACLASS).
16 Sec. 2. A testing laboratory shall maintain policies and
17 procedures for the secure and proper analytical testing of medical
18 marijuana, which must include:
19 (1) laboratory analysis techniques, including specific
20 instrumentation and protocols necessary to perform the tests
21 required by the department;
22 (2) the implementation of standards and methods for
23 conducting analysis of forms of medical marijuana in
24 accordance with the requirements of ISO/IEC 17025
25 "General Requirements for the Competence of Testing and
26 Calibration Laboratories"; and
27 (3) methods of testing to detect:
28 (A) potency levels of tetrahydrocannabinol and
29 cannabidiol;
30 (B) microbials;
31 (C) mycotoxins;
32 (D) pesticides;
33 (E) residual solvents; and
34 (F) any other matter as required by the department.
35 Sec. 3. The department shall establish the allowable level of
36 microbials, mycotoxins, pesticides, residual solvents, and other
37 matter determined by the department. If a sample received from
38 a grower or processor exceeds allowable levels, the testing
39 laboratory must immediately notify the grower or processor from
40 whom they received the sample.
41 Sec. 4. A person holding an ownership interest in a dispensary,
42 grower, or processor permit may not have an ownership interest
2023 IN 1263—LS 6266/DI 106 27
1 in a testing laboratory permit.
2 Chapter 21. Transportation
3 Sec. 1. A transporter may transport medical marijuana or
4 paraphernalia from a:
5 (1) grower or processor to a dispensary;
6 (2) grower or processor to a testing laboratory or research
7 facility authorized by the department;
8 (3) dispensary to a grower or processor;
9 (4) dispensary to a testing laboratory or research facility
10 authorized by the department;
11 (5) medical marijuana organization to another medical
12 marijuana organization; or
13 (6) medical marijuana organization to another person if
14 authorized to do so by the department;
15 if the transporter complies with this chapter.
16 Sec. 2. A transporter under this chapter may not have a felony
17 conviction that has not been expunged.
18 Sec. 3. Medical marijuana or paraphernalia transported under
19 this chapter must be:
20 (1) packed in a tamper resistant and tamper evident package;
21 (2) clearly marked as to quantity and contents; and
22 (3) securely stored in the vehicle used for transport.
23 Sec. 4. The transporter shall proceed as directly and
24 expeditiously as practicable from the shipping location to the
25 receiving location.
26 Sec. 5. The person who ships the medical marijuana or
27 paraphernalia shall provide the transporter with a shipping
28 manifest clearly stating the:
29 (1) exact quantity of medical marijuana or paraphernalia that
30 is being transported;
31 (2) address of the shipping location;
32 (3) address of the receiving location;
33 (4) identification of the person transporting the material; and
34 (5) time the person transporting the material left the shipping
35 location.
36 Sec. 6. The transporter shall keep the shipping manifest in the
37 transporter's possession at all times.
38 Sec. 7. The department may adopt rules to regulate the
39 transport of medical marijuana or paraphernalia.
40 Chapter 22. Civil Penalties
41 Sec. 1. The department may assess a penalty of not more than
42 ten thousand dollars ($10,000) for each violation of this article or
2023 IN 1263—LS 6266/DI 106 28
1 a rule adopted under this article. In addition, the department may
2 impose an additional penalty of not more than one thousand
3 dollars ($1,000) for each day of a continuing violation.
4 Sec. 2. (a) In determining the amount of a civil penalty imposed
5 under this chapter, the department shall consider the following:
6 (1) The seriousness of the violation.
7 (2) The potential harm resulting from the violation to
8 patients, caregivers, or the general public.
9 (3) The willfulness of the violation.
10 (4) Any previous violations.
11 (5) The economic benefit that accrued to the person who
12 committed the violation.
13 (b) If the department finds that the:
14 (1) violation did not threaten the safety or health of a patient,
15 caregiver, or the general public; and
16 (2) violator took immediate action to remedy the violation
17 upon learning of it;
18 the department may issue a written warning instead of assessing a
19 civil penalty.
20 Sec. 3. In addition to the civil penalty described in this chapter,
21 and any other penalty authorized by law, the department may
22 revoke or suspend a person's permit or identification card.
23 Chapter 23. Research
24 Sec. 1. (a) The department may provide assistance to
25 universities, research facilities, pharmaceutical companies, state
26 agencies, and similar entities that wish to conduct research
27 concerning medical marijuana.
28 (b) The department may conduct research concerning medical
29 marijuana.
30 Sec. 2. The department may authorize persons conducting
31 research on medical marijuana to obtain, possess, transport, and
32 use medical marijuana for research purposes, under terms and
33 conditions established by the department. The department shall
34 issue appropriate documentation to allow persons to obtain
35 marijuana for research purposes.
36 Chapter 24. Discrimination Prohibited
37 Sec. 1. (a) It is unlawful discrimination for any person to:
38 (1) suspend;
39 (2) expel;
40 (3) refuse to employ;
41 (4) refuse to admit;
42 (5) refuse to grant or renew a license, permit, or certificate
2023 IN 1263—LS 6266/DI 106 29
1 necessary to engage in any activity, occupation, or profession;
2 or
3 (6) otherwise discriminate against;
4 any person due to the person's lawful certification, use, possession,
5 delivery, distribution, transport, cultivation, or manufacture of
6 marijuana or paraphernalia as authorized by this article.
7 (b) A person who violates this section commits a Class C
8 infraction. However, the offense is a Class B infraction if the
9 person has a prior unrelated adjudication under this section.
10 (c) In addition to any other penalty prescribed by this section,
11 a person who is the victim of unlawful discrimination may obtain
12 injunctive relief.
13 Sec. 2. A person's lawful certification, use, possession, delivery,
14 distribution, transport, cultivation, or manufacture of marijuana
15 or paraphernalia under this article is not admissible as evidence in
16 an action for negligent hiring, admission, or licensure against a
17 person or entity hired, admitted, or licensed by the person or entity
18 that lawfully used marijuana.
19 Sec. 3. A law enforcement officer who knowingly or
20 intentionally performs a search or seizure of a patient or caregiver
21 holding a valid identification card:
22 (1) more than two (2) times in any sixty (60) day period; and
23 (2) without:
24 (A) reasonable suspicion;
25 (B) probable cause; or
26 (C) a warrant;
27 commits harassment of a medical marijuana user, a Class A
28 misdemeanor. However, the offense is a Level 6 felony if the person
29 has a prior unrelated conviction under this section.
30 Sec. 4. (a) This section applies only to a law enforcement officer
31 employed by the state, a political subdivision of the state, or a unit.
32 This section does not apply to a federal law enforcement officer.
33 (b) A law enforcement officer or employee of the state, a
34 political subdivision of the state, or a unit may not aid or assist a
35 federal law enforcement officer in the enforcement of a federal
36 law:
37 (1) criminalizing; or
38 (2) authorizing civil forfeiture with respect to;
39 any activity permitted under this article.
40 (c) A person who knowingly or intentionally violates this section
41 commits a Level 6 felony.
42 Chapter 25. Reports
2023 IN 1263—LS 6266/DI 106 30
1 Sec. 1. The department shall, not later than December 31 of
2 each year, submit a report concerning the medical marijuana
3 program to the legislative council, the governor, and the chief
4 justice of the supreme court. The report to the legislative council
5 must be in an electronic format under IC 5-14-6. The report must
6 include the number of appeals and grievances filed and adjudicated
7 under chapter 26 of this article.
8 Chapter 26. Medical Marijuana Oversight Board
9 Sec. 1. (a) The medical marijuana oversight board is established.
10 (b) The medical marijuana oversight board consists of the
11 following:
12 (1) Two (2) members of the senate, appointed as follows:
13 (A) One (1) member appointed by the president pro
14 tempore of the senate.
15 (B) One (1) member appointed by the senate minority
16 leader.
17 (2) Two (2) members of the house of representatives,
18 appointed as follows:
19 (A) One (1) member appointed by the speaker of the house
20 of representatives.
21 (B) One (1) member appointed by the house minority
22 leader.
23 (3) One (1) member, appointed by the governor.
24 (4) One (1) individual representing the Indiana Pharmacists
25 Association.
26 (5) One (1) individual representing the Indiana State Medical
27 Association.
28 (c) The medical marijuana oversight board shall elect one (1) of
29 its members to be chairperson and one (1) of its members to be
30 secretary of the board.
31 (d) The medical marijuana oversight board shall meet at the call
32 of the chair. The members serve without compensation.
33 (e) A majority of the board members constitutes a quorum. The
34 board may act by an affirmative vote of a majority of the board.
35 Sec. 2. The medical marijuana oversight board may adopt rules
36 under IC 4-22-2 to establish procedures to:
37 (1) implement and administer an appeals process; or
38 (2) resolve grievances;
39 arising under this article.
40 Sec. 3. The rules may include informal procedures to resolve
41 appeals or grievances under this article.
42 Sec. 4. The department must include the number of appeals and
2023 IN 1263—LS 6266/DI 106 31
1 grievances filed and adjudicated under this chapter in the yearly
2 report required to be submitted under chapter 25 of this article.
3 Sec. 5. Final resolution of appeals or grievances arising under
4 this chapter are subject to IC 4-21.5.
5 SECTION 22. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
6 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
8 (c), a person who operates a motorboat while:
9 (1) having an alcohol concentration equivalent (as defined in
10 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
11 per:
12 (A) one hundred (100) milliliters of the person's blood; or
13 (B) two hundred ten (210) liters of the person's breath;
14 (2) having a controlled substance listed in schedule I or II of
15 IC 35-48-2 or its metabolite in the person's body; blood; or
16 (3) intoxicated;
17 commits a Class C misdemeanor.
18 (b) The offense is a Level 6 felony if:
19 (1) the person has a previous conviction under:
20 (A) IC 14-1-5 (repealed);
21 (B) IC 14-15-8-8 (repealed); or
22 (C) this chapter; or
23 (2) the offense results in serious bodily injury to another person.
24 (c) The offense is a Level 5 felony if the offense results in the death
25 or catastrophic injury of another person.
26 (d) It is a defense to a prosecution under subsection (a)(2) that:
27 (1) the accused person consumed the controlled substance in
28 accordance with a valid prescription or order of a practitioner (as
29 defined in IC 35-48-1-24) who acted in the course of the
30 practitioner's professional practice; or
31 (2) the:
32 (A) controlled substance is marijuana or a metabolite of
33 marijuana;
34 (B) accused person is a person authorized to use medical
35 marijuana under IC 16-51; and
36 (C) the accused person used the medical marijuana in
37 substantial compliance with the requirements of IC 16-51.
38 SECTION 23. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
39 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2023]: Sec. 8.3. (a) This section does not apply to:
41 (1) a rolling paper; or
42 (2) a patient, caregiver, medical marijuana organization,
2023 IN 1263—LS 6266/DI 106 32
1 research facility, or transporter described in IC 16-51 if the
2 person is in substantial compliance with the requirements of
3 IC 16-51.
4 (b) A person who knowingly or intentionally possesses an
5 instrument, a device, or another object that the person intends to use
6 for:
7 (1) introducing into the person's body a controlled substance;
8 (2) testing the strength, effectiveness, or purity of a controlled
9 substance; or
10 (3) enhancing the effect of a controlled substance;
11 commits a Class C misdemeanor. However, the offense is a Class A
12 misdemeanor if the person has a prior unrelated judgment or conviction
13 under this section.
14 SECTION 24. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
15 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
17 sale, delivers, or finances the delivery of a raw material, an instrument,
18 a device, or other object that is intended to be or that is designed or
19 marketed to be used primarily for:
20 (1) ingesting, inhaling, or otherwise introducing into the human
21 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
22 controlled substance;
23 (2) testing the strength, effectiveness, or purity of marijuana, hash
24 oil, hashish, salvia, a synthetic drug, or a controlled substance;
25 (3) enhancing the effect of a controlled substance;
26 (4) manufacturing, compounding, converting, producing,
27 processing, or preparing marijuana, hash oil, hashish, salvia, a
28 synthetic drug, or a controlled substance;
29 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
30 synthetic drug, or a controlled substance by individuals; or
31 (6) any purpose announced or described by the seller that is in
32 violation of this chapter;
33 commits a Class A infraction for dealing in paraphernalia.
34 (b) A person who knowingly or intentionally violates subsection (a)
35 commits a Class A misdemeanor. However, the offense is a Level 6
36 felony if the person has a prior unrelated judgment or conviction under
37 this section.
38 (c) This section does not apply to the following:
39 (1) Items marketed for use in the preparation, compounding,
40 packaging, labeling, or other use of marijuana, hash oil, hashish,
41 salvia, a synthetic drug, or a controlled substance as an incident
42 to lawful research, teaching, or chemical analysis and not for sale.
2023 IN 1263—LS 6266/DI 106 33
1 (2) Items marketed for or historically and customarily used in
2 connection with the planting, propagating, cultivating, growing,
3 harvesting, manufacturing, compounding, converting, producing,
4 processing, preparing, testing, analyzing, packaging, repackaging,
5 storing, containing, concealing, injecting, ingesting, or inhaling
6 of tobacco or any other lawful substance.
7 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
8 a syringe or needle as part of a program under IC 16-41-7.5.
9 (4) Any entity or person that provides funding to a qualified entity
10 (as defined in IC 16-41-7.5-3) to operate a program described in
11 IC 16-41-7.5.
12 (5) A patient, caregiver, medical marijuana organization,
13 research facility, or transporter described in IC 16-51 if the
14 person is in substantial compliance with the requirements of
15 IC 16-51.
16 SECTION 25. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
17 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2023]: Sec. 10. (a) A person who:
19 (1) knowingly or intentionally:
20 (A) manufactures;
21 (B) finances the manufacture of;
22 (C) delivers; or
23 (D) finances the delivery of;
24 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
25 (2) possesses, with intent to:
26 (A) manufacture;
27 (B) finance the manufacture of;
28 (C) deliver; or
29 (D) finance the delivery of;
30 marijuana, hash oil, hashish, or salvia, pure or adulterated;
31 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
32 misdemeanor, except as provided in subsections (b) through (d).
33 (b) A person may be convicted of an offense under subsection (a)(2)
34 only if:
35 (1) there is evidence in addition to the weight of the drug that the
36 person intended to manufacture, finance the manufacture of,
37 deliver, or finance the delivery of the drug; or
38 (2) the amount of the drug involved is at least:
39 (A) ten (10) pounds, if the drug is marijuana; or
40 (B) three hundred (300) grams, if the drug is hash oil, hashish,
41 or salvia.
42 (c) The offense is a Level 6 felony if:
2023 IN 1263—LS 6266/DI 106 34
1 (1) the person has a prior conviction for a drug offense and the
2 amount of the drug involved is:
3 (A) less than thirty (30) grams of marijuana; or
4 (B) less than five (5) grams of hash oil, hashish, or salvia; or
5 (2) the amount of the drug involved is:
6 (A) at least thirty (30) grams but less than ten (10) pounds of
7 marijuana; or
8 (B) at least five (5) grams but less than three hundred (300)
9 grams of hash oil, hashish, or salvia.
10 (d) The offense is a Level 5 felony if:
11 (1) the person has a prior conviction for a drug dealing offense
12 and the amount of the drug involved is:
13 (A) at least thirty (30) grams but less than ten (10) pounds of
14 marijuana; or
15 (B) at least five (5) grams but less than three hundred (300)
16 grams of hash oil, hashish, or salvia;
17 (2) the:
18 (A) amount of the drug involved is:
19 (i) at least ten (10) pounds of marijuana; or
20 (ii) at least three hundred (300) grams of hash oil, hashish,
21 or salvia; or
22 (B) offense involved a sale to a minor; or
23 (3) the:
24 (A) person is a retailer;
25 (B) marijuana, hash oil, hashish, or salvia is packaged in a
26 manner that appears to be low THC hemp extract; and
27 (C) person knew or reasonably should have known that the
28 product was marijuana, hash oil, hashish, or salvia.
29 (e) This section does not apply to a patient, caregiver, medical
30 marijuana organization, research facility, or transporter described
31 in IC 16-51 if the person is in substantial compliance with the
32 requirements of IC 16-51.
33 SECTION 26. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
34 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2023]: Sec. 11. (a) A person who:
36 (1) knowingly or intentionally possesses (pure or adulterated)
37 marijuana, hash oil, hashish, or salvia;
38 (2) knowingly or intentionally grows or cultivates marijuana; or
39 (3) knowing that marijuana is growing on the person's premises,
40 fails to destroy the marijuana plants;
41 commits possession of marijuana, hash oil, hashish, or salvia, a Class
42 B misdemeanor, except as provided in subsections (b) through (c).
2023 IN 1263—LS 6266/DI 106 35
1 (b) The offense described in subsection (a) is a Class A
2 misdemeanor if:
3 (1) the person has a prior conviction for a drug offense; or
4 (2) the:
5 (A) marijuana, hash oil, hashish, or salvia is packaged in a
6 manner that appears to be low THC hemp extract; and
7 (B) person knew or reasonably should have known that the
8 product was marijuana, hash oil, hashish, or salvia.
9 (c) The offense described in subsection (a) is a Level 6 felony if:
10 (1) the person has a prior conviction for a drug offense; and
11 (2) the person possesses:
12 (A) at least thirty (30) grams of marijuana; or
13 (B) at least five (5) grams of hash oil, hashish, or salvia.
14 (d) This section does not apply to a patient, caregiver, medical
15 marijuana organization, research facility, or transporter described
16 in IC 16-51 if the person is in substantial compliance with the
17 requirements of IC 16-51.
18 SECTION 27. IC 35-52-16-94 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2023]: Sec. 94. IC 16-51-24-3 defines a crime
21 concerning medical marijuana.
22 SECTION 28. IC 35-52-16-95 IS ADDED TO THE INDIANA
23 CODE AS A NEW SECTION TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2023]: Sec. 95. IC 16-51-24-4 defines a crime
25 concerning medical marijuana.
2023 IN 1263—LS 6266/DI 106