IN
Indiana Senate Bill SB0020

Indiana 2023 Regular Session

Indiana Senate Bill SB0020 Compare Versions

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1+*ES0020.2*
2+Reprinted
3+April 7, 2023
4+ENGROSSED
5+SENATE BILL No. 20
6+_____
7+DIGEST OF SB 20 (Updated April 6, 2023 11:45 am - DI 148)
8+Citations Affected: IC 7.1-1; IC 7.1-3; IC 7.1-5; IC 15-15; IC 16-42;
9+IC 24-4; IC 35-31.5; IC 35-46; IC 35-48.
10+Synopsis: Alcohol and hemp matters. Changes the definition of
11+"entertainment complex" for purposes of alcohol law to include a
12+premises with a capacity of at least 200 individuals and that has artist
13+housing. Adds a definition of "mixed beverage". Permits a beer, liquor,
14+or wine dealer that is the proprietor of a drug store (which includes a
15+pharmacy within a grocery or big box store) to sell certain alcoholic
16+beverages for curbside pickup. Makes it a Class B misdemeanor for a
17+grocery store or drug store to sell iced or cooled liquor or mixed
18+beverages. (Current law prohibits the sale of iced or cooled beer by a
19+grocery store or drug store.) Specifies that a package liquor store may
20+sell iced or cooled liquor or mixed beverages. Allows all wine dealers
21+to deliver wine under certain circumstances. Allows the alcohol and
22+(Continued next page)
23+Effective: July 1, 2023.
24+Brown L, Rogers, Perfect,
25+Niezgodski, Randolph Lonnie M
26+(HOUSE SPONSORS — LEHMAN, GIAQUINTA, MILLER K, MELTZER,
27+LYNESS)
28+January 9, 2023, read first time and referred to Committee on Public Policy.
29+February 2, 2023, amended, reported favorably — Do Pass.
30+February 7, 2023, read second time, amended, ordered engrossed.
31+February 8, 2023, engrossed.
32+February 9, 2023, read third time, passed. Yeas 39, nays 10.
33+HOUSE ACTION
34+February 28, 2023, read first time and referred to Committee on Public Policy.
35+April 4, 2023, amended, reported — Do Pass.
36+April 6, 2023, read second time, amended, ordered engrossed.
37+ES 20—LS 6187/DI 87 Digest Continued
38+tobacco commission (commission) to issue an employee permit to a
39+person who wishes to be an employee of a beer, wine, or liquor dealer
40+and to deliver beer, wine, or liquor. Allows a city or town to designate
41+an outdoor location as a refreshment area with the approval of the
42+commission. Provides that if a refreshment area is approved, the
43+commission designates retailer permittees that may sell alcoholic
44+beverages for consumption within the refreshment area. Prohibits a
45+refreshment area from being located near a school or church unless the
46+school or church does not object. Allows a minor to be within the
47+refreshment area. Makes it a Class C infraction for a participating
48+retailer permittee or vendor to sell a person more than two alcoholic
49+beverage at a time or an alcoholic beverage that exceeds the volume
50+limitations. Excludes craft hemp flower from the definition of "hemp
51+product". Removes references to smokable hemp. Removes an
52+exemption to a person who knowingly or intentionally grows or handles
53+smokable hemp without a license from the penalty of growing or
54+handling hemp without a license. Repeals a law that requires that a
55+hemp bud or a hemp flower be sold only to a processor licensed in
56+Indiana. Provides that a food is not considered adulterated for
57+containing low THC hemp extract or craft hemp flower. Creates
58+contaminant testing and packaging requirements for the distribution
59+and sale of craft hemp flower. Establishes penalties for selling or
60+distributing craft hemp flower in violation of the requirements. Makes
61+it a Class C infraction if a person knowingly: (1) sells or distributes
62+craft hemp flower to a person less than 21 years of age; and (2)
63+purchases craft hemp flower for delivery to another person who is less
64+than 21 years of age. Provides that a retail establishment that sells or
65+distributes craft hemp flower to a person less than 21 years of age
66+commits a Class C infraction. Makes it a Class C infraction if a person
67+less than 21 years of age: (1) purchases craft hemp flower; (2) accepts
68+craft hemp flower for personal use; or (3) possesses craft hemp flower
69+on his or her person. Provides that a person who, while a motor vehicle
70+is in operation or located on the right-of-way of a public highway,
71+possesses a container that contains craft hemp flower, and: (1) the
72+container does not have tamper evident packaging; or (2) the tamper
73+evident packaging has a broken seal; commits a Class C infraction.
74+Provides that a violation is not considered a moving violation. Defines
75+"craft hemp flower". Provides that craft hemp flower is not included in
76+the definition of "controlled substance analog", "hashish", "low THC
77+hemp extract", or "marijuana". Repeals the definition of "smokable
78+hemp" and criminal penalties concerning smokable hemp. Prohibits the
79+sale of low THC hemp extract to a person less than 21 years of age, if
80+it contains certain elements. Sets forth certain restrictions on the
81+packaging of low THC hemp extract. Makes conforming changes.
82+Makes technical corrections.
83+ES 20—LS 6187/DI 87ES 20—LS 6187/DI 87 Reprinted
84+April 7, 2023
185 First Regular Session of the 123rd General Assembly (2023)
286 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
387 Constitution) is being amended, the text of the existing provision will appear in this style type,
488 additions will appear in this style type, and deletions will appear in this style type.
589 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
690 provision adopted), the text of the new provision will appear in this style type. Also, the
791 word NEW will appear in that style type in the introductory clause of each SECTION that adds
892 a new provision to the Indiana Code or the Indiana Constitution.
993 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1094 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 20
12-AN ACT to amend the Indiana Code concerning alcohol and
13-tobacco.
95+ENGROSSED
96+SENATE BILL No. 20
97+A BILL FOR AN ACT to amend the Indiana Code concerning
98+alcohol and tobacco.
1499 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 7.1-3-20-27, AS AMENDED BY P.L.85-2017,
16-SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2023]: Sec. 27. (a) This section applies to the premises of a
18-restaurant.
19-(b) Subject to subsection (c), the holder of a retailer's permit that is
20-issued for the premises of a restaurant may sell or dispense, for
21-on-premises consumption only, alcoholic beverages, for which the
22-permittee holds the appropriate permit, from a service window bar
23-located on the licensed premises that opens to an outside patio or
24-terrace that is contiguous to the main building of the licensed premises
25-of the restaurant.
26-(c) The holder of a retailer's permit that is issued for the premises of
27-a restaurant may sell or dispense alcoholic beverages as provided under
28-subsection (b) only if all the following conditions are met:
29-(1) The patio or terrace area described in subsection (b) is:
30-(A) part of the licensed premises; and
31-(B) clearly delineated and completely enclosed on all sides by
32-a barrier that is at least eighteen (18) inches in height.
33-(2) Access to the service window is limited by a barrier that
34-reasonably deters free access by minors to the window. Minors
35-are allowed on the licensed premises at an outside patio or
36-terrace that contains a bar under subsection (b) only in
37-SEA 20 — CC 1 2
38-accordance with IC 7.1-5-7-11.
39-(3) A conspicuous sign is posted by the barrier described in
40-subdivision (2) that states that minors are not allowed to cross the
41-barrier to enter the area near the service window.
42-SECTION 2. IC 7.1-3-21-10 IS AMENDED TO READ AS
43-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) An application
44-for:
45-(1) a permit for premises; or
46-(2) approval of a designated refreshment area under
47-IC 7.1-3-31;
48-that is situated within a distance of two hundred (200) feet from an
49-elementary or secondary school or church must disclose this fact.
50-(b) The local board shall state, if required by the commission, in the
51-questionnaire its opinion as to the propriety of granting the particular
52-application.
53-SECTION 3. IC 7.1-3-21-11, AS AMENDED BY P.L.194-2021,
54-SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55-JULY 1, 2023]: Sec. 11. (a) As used in this section, "craft
56-manufacturer" means:
57-(1) a small brewery under IC 7.1-3-2-7(5);
58-(2) a farm winery under IC 7.1-3-12, including any additional
59-locations of the farm winery operated under IC 7.1-3-12-5(b); or
60-(3) an artisan distillery under IC 7.1-3-27.
61-(b) As used in this section, "designated refreshment area"
62-means a refreshment area designated under IC 7.1-3-31.
63-(b) (c) As used in this section, "wall" means a wall of a building.
64-The term does not include a boundary wall.
65-(c) (d) Except as provided in subsections (d), (h), and (i), (e), (i),
66-and (j), the commission may not issue a permit for a premises or
67-approve a designated refreshment area if both of the following
68-apply:
69-(1) A wall of the premises is situated within two hundred (200)
70-feet from a wall of a school or church and is situated within two
71-hundred (200) feet of:
72-(A) a wall of the premises; or
73-(B) a boundary of the designated refreshment area.
74-(2) A permit has not been issued for the premises under the
75-provisions of Acts 1933, Chapter 80.
76-(d) (e) This section does not apply to the premises of a:
77-(1) grocery store, drug store, restaurant, hotel, catering hall,
78-designated refreshment area, craft manufacturer, or location for
79-which the use of a supplemental catering permit has been
80-SEA 20 — CC 1 3
81-approved if:
82-(A) a wall of the premises is situated within two hundred (200)
83-feet from a wall of a church or school is situated within two
84-hundred (200) feet of:
85-(i) a wall of the premises; or
86-(ii) a boundary of the designated refreshment area;
87-(B) the commission receives a written statement from the
88-authorized representative of the church or school stating
89-expressly that the church or school does not object to the
90-issuance of the permit for the premises or approval of the
91-designated refreshment area; and
92-(C) the commission determines that the church or school does
93-not object to the issuance of the permit for the premises or
94-approval of the designated refreshment area; or
95-(2) church or school that applies for a temporary beer or wine
96-permit.
97-(e) (f) The commission shall base its determination under subsection
98-(d)(1)(C) (e)(1)(C) solely on the written statement of the authorized
99-representative of the church or school.
100-(f) (g) If the commission does not receive the written statement of
101-the authorized representative of the church or school, the premises of
102-the grocery store, drug store, restaurant, hotel, catering hall, designated
103-refreshment area, craft manufacturer, or location for which the use of
104-a supplemental catering permit has been approved may not obtain the
105-waiver allowed under this section.
106-(g) (h) If the commission determines that the church or school does
107-not object, this section and IC 7.1-3-21-10 section 10 of this chapter
108-do not apply to the permit premises of the grocery store, drug store,
109-restaurant, hotel, craft manufacturer, or catering hall, or designated
110-refreshment area on a subsequent renewal or transfer of ownership.
111-(h) (i) If the commission:
112-(1) receives a written statement from the authorized
113-representative of a church or school as described in subsection
114-(d)(1)(B); (e)(1)(B); and
115-(2) determines the church or school does not object as described
116-in subsection (d)(1)(C); (e)(1)(C);
117-the commission may not consider subsequent objections from the
118-church or school to the issuance of the same permit type at the same
119-premises location.
120-(i) (j) The commission may issue a permit for a premises or
121-approve a designated refreshment area if the wall of the premises or
122-the boundary of the designated refreshment area and the wall of a
123-SEA 20 — CC 1 4
124-church are separated by at least eighty-five (85) feet, including a two
125-(2) lane road of at least thirty (30) feet in width.
126-SECTION 4. IC 7.1-3-31 IS ADDED TO THE INDIANA CODE
127-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
128-JULY 1, 2023]:
129-Chapter 31. Designated Refreshment Area
130-Sec. 1. As used in this chapter, "craft manufacturer" means a
131-person who holds:
132-(1) a small brewery permit under IC 7.1-3-2-7(5);
133-(2) a farm winery permit under IC 7.1-3-12; or
134-(3) an artisan distiller's permit under IC 7.1-3-27.
135-Sec. 2. As used in this chapter, "designated permittee" means a
136-retailer permittee that:
100+1 SECTION 1. IC 7.1-1-3-16.5, AS AMENDED BY P.L.194-2021,
101+2 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
102+3 JULY 1, 2023]: Sec. 16.5. The term "entertainment complex" means a
103+4 premises that complies with one (1) or more of the following
104+5 requirements:
105+6 (1) The premises:
106+7 (A) is a site for the performance of musical, theatrical, or other
107+8 entertainment; and
108+9 (B) includes an area where at least six hundred (600)
109+10 individuals may be seated at one (1) time in permanent
110+11 seating.
111+12 (2) The premises:
112+13 (A) is located entirely within a four (4) mile radius of the
113+14 center of a consolidated city;
114+15 (B) is used by a nonprofit organization primarily as a fine arts
115+16 theater or for the professional performance of musical or
116+17 theatrical entertainment; and
117+ES 20—LS 6187/DI 87 2
118+1 (C) has audience:
119+2 (i) seating in one (1) or more performance spaces for at least
120+3 two hundred (200) individuals; or
121+4 (ii) capacity of at least two hundred (200) individuals and
122+5 has artist housing on the premises.
123+6 SECTION 2. IC 7.1-1-3-26.2 IS ADDED TO THE INDIANA
124+7 CODE AS A NEW SECTION TO READ AS FOLLOWS
125+8 [EFFECTIVE JULY 1, 2023]: Sec. 26.2. "Mixed beverage" means a
126+9 prepared cordial, cocktail, or highball that is in a can or container
127+10 and is a mixture of:
128+11 (1) whiskey, neutral spirits, brandy, gin, or another distilled
129+12 spirit; and
130+13 (2) carbonated or plain water, pure juice from a flower or
131+14 plant, or other flavoring materials;
132+15 that is suitable for immediate consumption and contains not less
133+16 than five-tenths percent (0.5%) of alcohol by volume and not more
134+17 than twenty-one percent (21%) of alcohol by volume.
135+18 SECTION 3. IC 7.1-3-1-1.5, AS ADDED BY P.L.270-2017,
136+19 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
137+20 JULY 1, 2023]: Sec. 1.5. (a) It is the intent of the general assembly,
138+21 consistent with the character of the business test described in section
139+22 19 of this chapter, that a grocery store, convenience store, or drug store
140+23 should not be given the privilege of selling cold iced or cooled:
141+24 (1) beer;
142+25 (2) liquor; or
143+26 (3) mixed beverages;
144+27 for carryout.
145+28 (b) It is the intent of the general assembly, consistent with the
146+29 character of the business test described in section 19 of this chapter,
147+30 that a restaurant located within a grocery store, convenience store, or
148+31 drug store should not be given the privilege of selling alcoholic
149+32 beverages for carryout.
150+33 (c) The commission shall apply the intent of the general assembly,
151+34 when considering the character of an applicant's business, as described
152+35 in section 19 of this chapter.
153+36 SECTION 4. IC 7.1-3-5-3, AS AMENDED BY P.L.194-2021,
154+37 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
155+38 JULY 1, 2023]: Sec. 3. (a) The holder of a beer dealer's permit shall be
156+39 entitled to purchase beer for sale under the permit only from a
157+40 permittee entitled to sell to a beer dealer under this title.
158+41 (b) A beer dealer shall be entitled to possess beer and sell it at retail
159+42 to a customer in permissible containers only.
160+ES 20—LS 6187/DI 87 3
161+1 (c) A beer dealer may not sell beer by the drink nor for consumption
162+2 on the licensed premises nor shall a beer dealer allow it to be consumed
163+3 on the licensed premises.
164+4 (d) Except as provided in subsection (e), a beer dealer shall be
165+5 entitled to sell beer to a customer and deliver it in permissible
166+6 containers to the customer on the licensed premises, or to the
167+7 customer's residence or office. Except as provided in section 3.5 of
168+8 this chapter, a beer dealer shall not be entitled to sell and deliver beer
169+9 on the street or at the curb outside the licensed premises, nor shall a
170+10 beer dealer be entitled to sell beer at a place other than the licensed
171+11 premises. A beer dealer shall not be entitled to sell beer and deliver
172+12 beer for carry-out, or for delivery to a customer's residence or office, in
173+13 a quantity that exceeds eight hundred sixty-four (864) ounces in a
174+14 single transaction. This delivery may only be performed by the permit
175+15 holder or an employee who holds an employee permit. However,
176+16 notwithstanding IC 7.1-5-10-11, a beer dealer who is licensed pursuant
177+17 to under IC 7.1-3-10-4 shall be entitled to sell and deliver warm, or
178+18 cold iced, or cooled beer for carry-out, or for delivery to a customer's
179+19 residence, office, or a designated location in barrels or other
180+20 commercial containers that do not exceed two thousand sixteen (2,016)
181+21 ounces per container. The permit holder shall maintain a written record
182+22 of each delivery for at least one (1) year that shows the customer's
183+23 name, location of delivery, and quantity sold.
184+24 (e) Unless a beer dealer is a grocery store or drug store, a beer
185+25 dealer may not sell or deliver alcoholic beverages or any other item
186+26 through a window in the licensed premises to a patron who is outside
187+27 the licensed premises. A beer dealer that is a grocery store or drug store
188+28 may sell any item except alcoholic beverages through a window in the
189+29 licensed premises to a patron who is outside the licensed premises.
190+30 SECTION 5. IC 7.1-3-5-3.5 IS ADDED TO THE INDIANA CODE
191+31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
192+32 1, 2023]: Sec. 3.5. (a) This section applies only to a beer dealer who:
193+33 (1) is the proprietor of a drug store; and
194+34 (2) holds a license issued by the Indiana board of pharmacy.
195+35 (b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
196+36 beer dealer described in subsection (a) may include the beer
197+37 dealer's parking lot or an area adjacent to the beer dealer's
198+38 premises that may be used for the purpose of conveying alcoholic
199+39 beverages if the beer dealer:
200+40 (1) requires a customer to provide a valid government issued
201+41 identification at the time of pickup;
202+42 (2) prohibits the use of curbside delivery or pickup service by
203+ES 20—LS 6187/DI 87 4
204+1 an intoxicated person or a person less than twenty-one (21)
205+2 years of age; and
206+3 (3) requires the employee delivering containers of beer to a
207+4 customer's vehicle to be at least nineteen (19) years of age.
208+5 (c) A beer dealer may not convey beer under subsection (b):
209+6 (1) if the container of beer is open; or
210+7 (2) through a drive-through window.
211+8 SECTION 6. IC 7.1-3-10-7, AS AMENDED BY P.L.194-2021,
212+9 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
213+10 JULY 1, 2023]: Sec. 7. (a) The holder of a liquor dealer's permit shall
214+11 be entitled to purchase liquor only from a permittee entitled to sell to
215+12 a liquor dealer under this title.
216+13 (b) A liquor dealer shall be entitled to possess liquor and sell it at
217+14 retail in its original package to a customer only for consumption off the
218+15 licensed premises. However, only a liquor dealer who is licensed
219+16 under section 4 of this chapter shall also be entitled to sell iced or
220+17 cooled liquor or mixed beverages to a customer.
221+18 (c) A liquor dealer may deliver liquor only in permissible containers
222+19 to a customer's residence or office in a quantity that does not exceed
223+20 twelve (12) quarts at any one (1) time. This delivery may only be
224+21 performed by the permit holder or an employee who holds an employee
225+22 permit. However, a liquor dealer who is licensed under IC 7.1-3-10-4
226+23 section 4 of this chapter may deliver liquor in permissible containers
227+24 to a customer's residence, office, or designated location. The permit
228+25 holder shall maintain a written record of each delivery for at least one
229+26 (1) year that shows the customer's name, location of delivery, and
230+27 quantity sold.
231+28 (d) A liquor dealer may not sell or deliver alcoholic beverages or
232+29 any other item through a window in the licensed premises to a patron
233+30 who is outside the licensed premises. However, a liquor dealer that is
234+31 a drug store may sell prescription drugs and health and beauty aids
235+32 through a window in the licensed premises to a patron who is outside
236+33 the licensed premises.
237+34 SECTION 7. IC 7.1-3-10-7.5 IS ADDED TO THE INDIANA
238+35 CODE AS A NEW SECTION TO READ AS FOLLOWS
239+36 [EFFECTIVE JULY 1, 2023]: Sec. 7.5. (a) This section applies only
240+37 to a liquor dealer who:
241+38 (1) is the proprietor of a drug store; and
242+39 (2) holds a license issued by the Indiana board of pharmacy.
243+40 (b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
244+41 liquor dealer described in subsection (a) may include the liquor
245+42 dealer's parking lot or an area adjacent to the liquor dealer's
246+ES 20—LS 6187/DI 87 5
247+1 premises that may be used for the purpose of conveying liquor or
248+2 mixed beverages if the liquor dealer:
249+3 (1) requires a customer to provide a valid government issued
250+4 identification at the time of pickup;
251+5 (2) prohibits the use of curbside delivery or pickup service by
252+6 an intoxicated person or a person less than twenty-one (21)
253+7 years of age; and
254+8 (3) requires the employee delivering containers of liquor or
255+9 mixed beverages to a customer's vehicle to be at least nineteen
256+10 (19) years of age.
257+11 (c) A liquor dealer may not convey liquor or mixed beverages
258+12 under subsection (b):
259+13 (1) if the container of liquor or mixed beverages is open; or
260+14 (2) through a drive-through window.
261+15 SECTION 8. IC 7.1-3-15-3 IS AMENDED TO READ AS
262+16 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The holder of a
263+17 wine dealer's permit shall be entitled to purchase wine only from a
264+18 permittee who is authorized to sell to a wine dealer under this title. A
265+19 wine dealer shall be entitled to sell wine for consumption off the
266+20 licensed premises only and not by the drink.
267+21 (b) A wine dealer shall be entitled to sell wine in permissible
268+22 containers in a quantity of not more than three (3) standard cases, as
269+23 determined under the rules of the commission, in a single transaction.
270+24 However, a wine dealer who is licensed under IC 7.1-3-10-4 may
271+25 possess wine and sell it at retail in its original package to a customer
272+26 only for consumption off the licensed premises.
273+27 (c) A wine dealer may deliver wine only in a permissible
274+28 container to a customer's residence or office. A wine delivery may
275+29 only be performed by the permit holder or an employee who holds
276+30 an employee permit. However, a wine dealer who is licensed under
277+31 IC 7.1-3-10-4 may deliver wine in permissible containers to a
278+32 customer's residence, office, or designated location. The permit
279+33 holder shall maintain a written record of each delivery for at least
280+34 one (1) year that shows the customer's name, location of delivery,
281+35 and quantity sold.
282+36 (c) (d) Unless a wine dealer is a grocery store or drug store, a wine
283+37 dealer may not sell or deliver alcoholic beverages or any other item
284+38 through a window in the licensed premises to a patron who is outside
285+39 the licensed premises. A wine dealer that is a grocery store or drug
286+40 store may sell any item except alcoholic beverages through a window
287+41 in the licensed premises to a person who is outside the licensed
288+42 premises.
289+ES 20—LS 6187/DI 87 6
290+1 (d) However, a wine dealer who is licensed under IC 7.1-3-10-4 may
291+2 deliver wine only in permissible containers to a customer's residence,
292+3 office, or designated location. This delivery may only be performed by
293+4 the permit holder or an employee who holds an employee permit. The
294+5 permit holder shall maintain a written record of each delivery for at
295+6 least one (1) year that shows the customer's name, location of delivery,
296+7 and quantity sold.
297+8 SECTION 9. IC 7.1-3-15-3.5 IS ADDED TO THE INDIANA
298+9 CODE AS A NEW SECTION TO READ AS FOLLOWS
299+10 [EFFECTIVE JULY 1, 2023]: Sec. 3.5. (a) This section applies only
300+11 to a wine dealer who:
301+12 (1) is the proprietor of a drug store; and
302+13 (2) holds a license issued by the Indiana board of pharmacy.
303+14 (b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
304+15 wine dealer described in subsection (a) may include a wine dealer's
305+16 parking lot or an area adjacent to the wine dealer's premises that
306+17 may be used for the purpose of conveying wine if the wine dealer:
307+18 (1) requires a customer to provide a valid government issued
308+19 identification at the time of pickup;
309+20 (2) prohibits the use of curbside delivery or pickup service by
310+21 an intoxicated person or a person less than twenty-one (21)
311+22 years of age; and
312+23 (3) requires the employee delivering containers of wine to a
313+24 customer's vehicle to be at least nineteen (19) years of age.
314+25 (c) A wine dealer may not convey wine under subsection (b):
315+26 (1) if the container of wine is open; or
316+27 (2) through a drive-through window.
317+28 SECTION 10. IC 7.1-3-18-9, AS AMENDED BY P.L.196-2015,
318+29 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
319+30 JULY 1, 2023]: Sec. 9. (a) The commission may issue an employee's
320+31 permit to a person who desires to act as:
321+32 (1) a clerk in a package liquor store;
322+33 (2) an employee who serves wine at a farm winery; or
323+34 (3) a bartender, waiter, waitress, or manager in a retail
324+35 establishment, excepting dining car and boat employees; or
325+36 (4) an employee of a dealer licensed under IC 7.1-3-5-3,
326+37 IC 7.1-3-10-7, or IC 7.1-3-15-3 to deliver beer, wine, or liquor.
327+38 (b) A permit authorized by this section is conditioned upon the
328+39 compliance by the holder with reasonable rules relating to the permit
329+40 which the commission may prescribe from time to time.
330+41 (c) A permit issued under this section entitles its holder to work for
331+42 any lawful employer. However, a person may work without an
332+ES 20—LS 6187/DI 87 7
333+1 employee's permit for thirty (30) days from the date shown on a receipt
334+2 for a cashier's check or money order payable to the commission for that
335+3 person's employee's permit application.
336+4 (d) A person who, for a package liquor store or retail establishment,
337+5 is:
338+6 (1) the sole proprietor;
339+7 (2) a partner, a general partner, or a limited partner in a
340+8 partnership or limited partnership that owns the business
341+9 establishment;
342+10 (3) a member of a limited liability company that owns the
343+11 business establishment; or
344+12 (4) a stockholder in a corporation that owns the business
345+13 establishment;
346+14 is not required to obtain an employee's permit in order to perform any
347+15 of the acts listed in subsection (a).
348+16 (e) An applicant may declare on the application form that the
349+17 applicant will use the employee's permit only to perform volunteer
350+18 service that benefits a nonprofit organization. It is unlawful for an
351+19 applicant who makes a declaration under this subsection to use an
352+20 employee's permit for any purpose other than to perform volunteer
353+21 service that benefits a nonprofit organization.
354+22 (f) The commission may not issue an employee's permit to an
355+23 applicant while the applicant is serving a sentence for a conviction for
356+24 operating while intoxicated, including any term of probation or parole.
357+25 (g) The commission may not issue an employee's permit to an
358+26 applicant who has two (2) unrelated convictions for operating while
359+27 intoxicated if:
360+28 (1) the first conviction occurred less than ten (10) years before the
361+29 date of the applicant's application for the permit; and
362+30 (2) the applicant completed the sentence for the second
363+31 conviction, including any term of probation or parole, less than
364+32 two (2) years before the date of the applicant's application for the
365+33 permit.
366+34 (h) If an applicant for an employee's permit has at least three (3)
367+35 unrelated convictions for operating while intoxicated in the ten (10)
368+36 years immediately preceding the date of the applicant's application for
369+37 the permit, the commission may not grant the issuance of the permit.
370+38 If, in the ten (10) years immediately preceding the date of the
371+39 applicant's application the applicant has:
372+40 (1) one (1) conviction for operating while intoxicated, and the
373+41 applicant is not subject to subsection (f); or
374+42 (2) two (2) unrelated convictions for operating while intoxicated,
375+ES 20—LS 6187/DI 87 8
376+1 and the applicant is not subject to subsection (f) or (g);
377+2 the commission may grant or deny the issuance of a permit.
378+3 (i) Except as provided under section 9.5 of this chapter, the
379+4 commission shall revoke a permit issued to an employee under this
380+5 section if:
381+6 (1) the employee is convicted of a Class B misdemeanor for
382+7 violating IC 7.1-5-10-15(a); or
383+8 (2) the employee is convicted of operating while intoxicated after
384+9 the issuance of the permit.
385+10 The commission may revoke a permit issued to an employee under this
386+11 section for any violation of this title or the rules adopted by the
387+12 commission.
388+13 SECTION 11. IC 7.1-3-18.5-9, AS AMENDED BY P.L.49-2020,
389+14 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
390+15 JULY 1, 2023]: Sec. 9. A certificate holder shall exercise due diligence
391+16 in the supervision and training of the certificate holder's employees or
392+17 agents in the handling and sale of tobacco products and electronic
393+18 cigarettes on the holder's retail premises. Proof that employees or
394+19 agents of the certificate holder, while in the scope of their employment,
395+20 committed at least six (6) violations relating to IC 35-46-1-10.2(b)
396+21 IC 35-46-1-10.2(c) in any one (1) year period shall be prima facie
397+22 evidence of a lack of due diligence by the certificate holder in the
398+23 supervision and training of the certificate holder's employees or agents.
399+24 SECTION 12. IC 7.1-3-21-10 IS AMENDED TO READ AS
400+25 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) An application
401+26 for:
402+27 (1) a permit for premises; or
403+28 (2) approval of a designated refreshment area under
404+29 IC 7.1-3-31;
405+30 that is situated within a distance of two hundred (200) feet from an
406+31 elementary or secondary school or church must disclose this fact.
407+32 (b) The local board shall state, if required by the commission, in the
408+33 questionnaire its opinion as to the propriety of granting the particular
409+34 application.
410+35 SECTION 13. IC 7.1-3-21-11, AS AMENDED BY P.L.194-2021,
411+36 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
412+37 JULY 1, 2023]: Sec. 11. (a) As used in this section, "craft
413+38 manufacturer" means:
414+39 (1) a small brewery under IC 7.1-3-2-7(5);
415+40 (2) a farm winery under IC 7.1-3-12, including any additional
416+41 locations of the farm winery operated under IC 7.1-3-12-5(b); or
417+42 (3) an artisan distillery under IC 7.1-3-27.
418+ES 20—LS 6187/DI 87 9
419+1 (b) As used in this section, "designated refreshment area"
420+2 means a refreshment area designated under IC 7.1-3-31.
421+3 (b) (c) As used in this section, "wall" means a wall of a building.
422+4 The term does not include a boundary wall.
423+5 (c) (d) Except as provided in subsections (d), (h), and (i), (e), (i),
424+6 and (j), the commission may not issue a permit for a premises or
425+7 approve a designated refreshment area if both of the following
426+8 apply:
427+9 (1) A wall of the premises is situated within two hundred (200)
428+10 feet from a wall of a school or church and is situated within two
429+11 hundred (200) feet of:
430+12 (A) a wall of the premises; or
431+13 (B) a boundary of the designated refreshment area.
432+14 (2) A permit has not been issued for the premises under the
433+15 provisions of Acts 1933, Chapter 80.
434+16 (d) (e) This section does not apply to the premises of a:
435+17 (1) grocery store, drug store, restaurant, hotel, catering hall,
436+18 designated refreshment area, craft manufacturer, or location for
437+19 which the use of a supplemental catering permit has been
438+20 approved if:
439+21 (A) a wall of the premises is situated within two hundred (200)
440+22 feet from a wall of a church or school is situated within two
441+23 hundred (200) feet of:
442+24 (i) a wall of the premises; or
443+25 (ii) a boundary of the designated refreshment area;
444+26 (B) the commission receives a written statement from the
445+27 authorized representative of the church or school stating
446+28 expressly that the church or school does not object to the
447+29 issuance of the permit for the premises or approval of the
448+30 designated refreshment area; and
449+31 (C) the commission determines that the church or school does
450+32 not object to the issuance of the permit for the premises or
451+33 approval of the designated refreshment area; or
452+34 (2) church or school that applies for a temporary beer or wine
453+35 permit.
454+36 (e) (f) The commission shall base its determination under subsection
455+37 (d)(1)(C) (e)(1)(C) solely on the written statement of the authorized
456+38 representative of the church or school.
457+39 (f) (g) If the commission does not receive the written statement of
458+40 the authorized representative of the church or school, the premises of
459+41 the grocery store, drug store, restaurant, hotel, catering hall, designated
460+42 refreshment area, craft manufacturer, or location for which the use of
461+ES 20—LS 6187/DI 87 10
462+1 a supplemental catering permit has been approved may not obtain the
463+2 waiver allowed under this section.
464+3 (g) (h) If the commission determines that the church or school does
465+4 not object, this section and IC 7.1-3-21-10 section 10 of this chapter
466+5 do not apply to the permit premises of the grocery store, drug store,
467+6 restaurant, hotel, craft manufacturer, or catering hall, or designated
468+7 refreshment area on a subsequent renewal or transfer of ownership.
469+8 (h) (i) If the commission:
470+9 (1) receives a written statement from the authorized
471+10 representative of a church or school as described in subsection
472+11 (d)(1)(B); (e)(1)(B); and
473+12 (2) determines the church or school does not object as described
474+13 in subsection (d)(1)(C); (e)(1)(C);
475+14 the commission may not consider subsequent objections from the
476+15 church or school to the issuance of the same permit type at the same
477+16 premises location.
478+17 (i) (j) The commission may issue a permit for a premises or
479+18 approve a designated refreshment area if the wall of the premises or
480+19 the boundary of the designated refreshment area and the wall of a
481+20 church are separated by at least eighty-five (85) feet, including a two
482+21 (2) lane road of at least thirty (30) feet in width.
483+22 SECTION 14. IC 7.1-3-31 IS ADDED TO THE INDIANA CODE
484+23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
485+24 JULY 1, 2023]:
486+25 Chapter 31. Designated Refreshment Area
487+26 Sec. 1. As used in this chapter, "craft manufacturer" means a
488+27 person who holds:
489+28 (1) a small brewery permit under IC 7.1-3-2-7(5);
490+29 (2) a farm winery permit under IC 7.1-3-12; or
491+30 (3) an artisan distiller's permit under IC 7.1-3-27.
492+31 Sec. 2. As used in this chapter, "designated permittee" means a
493+32 retailer permittee that:
494+33 (1) has licensed premises within a refreshment area;
495+34 (2) has submitted a completed application to the municipality
496+35 to participate in the refreshment area as a designated
497+36 permittee; and
498+37 (3) is designated by the commission under section 9 of this
499+38 chapter.
500+39 Sec. 3. As used in this chapter, "municipality" means a city or
501+40 town.
502+41 Sec. 4. As used in this chapter, "refreshment area" means an
503+42 outdoor area that a municipality designates as a refreshment area
504+ES 20—LS 6187/DI 87 11
505+1 as provided in this chapter.
506+2 Sec. 5. As used in this chapter, "vendor" means a person issued
507+3 a temporary vendor designation under section 10 of this chapter
508+4 and either:
509+5 (1) a temporary beer or wine permit; or
510+6 (2) a supplemental catering permit.
511+7 Sec. 6. If a municipality designates a refreshment area under
512+8 this chapter, a person may:
513+9 (1) exit the licensed premises of a designated permittee or
514+10 vendor with not more than two (2) open containers of an
515+11 alcoholic beverage at a time; and
516+12 (2) consume the alcoholic beverage within the refreshment
517+13 area.
518+14 Sec. 7. (a) A municipality may designate that a refreshment area
519+15 is subject to IC 7.1-3-21-11.
520+16 (b) A municipality may not establish more than seven (7)
521+17 refreshment areas.
522+18 (c) A municipality shall designate at least one (1) designated
523+19 permittee for each refreshment area.
524+20 Sec. 8. (a) To designate one (1) or more refreshment areas, the
525+21 municipal legislative body must adopt an ordinance that includes
526+22 at least the following:
527+23 (1) A map of the refreshment area in sufficient detail to
528+24 identify the refreshment area's boundaries.
529+25 (2) The boundaries of the refreshment area, by street
530+26 addresses.
531+27 (3) The locations of the proposed designated permittees and
532+28 vendors within the refreshment area.
533+29 (4) A statement that the refreshment area is consistent with
534+30 the municipality's zoning ordinance.
535+31 (5) The number, spacing, and type of signage designating the
536+32 refreshment area.
537+33 (6) The dates and the hours of operation for the refreshment
538+34 area, which may not violate IC 7.1-3-1-14.
539+35 (b) The ordinance may include any other provisions regarding
540+36 the operation of the refreshment area, including:
541+37 (1) the posting of signs by retailer permittees and other
542+38 businesses within the refreshment area that indicate whether
543+39 the retailer permittee or business is participating in the
544+40 refreshment area and whether an individual may enter with
545+41 an open container;
546+42 (2) requiring designated permittees and vendors to use only
547+ES 20—LS 6187/DI 87 12
548+1 nonbreakable plastic bottles, plastic cups, or paper cups for
549+2 alcoholic beverages consumed in the refreshment area;
550+3 (3) requiring bottles or cups to be affixed with a logo that
551+4 identifies the container for use only in the refreshment area;
552+5 (4) providing a public safety plan for the refreshment area; or
553+6 (5) providing a sanitation plan for the refreshment area.
554+7 Sec. 9. (a) The municipality shall submit the following to the
555+8 commission:
556+9 (1) The application for approval of the refreshment area.
557+10 (2) The completed applications received by the municipality
558+11 from retailer permittees to participate in the refreshment
559+12 area as designated permittees.
560+13 (3) The ordinance adopted by the municipality under section
561+14 8 of this chapter. The commission shall review the ordinance
562+15 for compliance with this chapter.
563+16 (b) If the ordinance is approved, the commission shall issue a
564+17 refreshment area designation to each retailer permittee whose
565+18 application was submitted by the municipality and approved by the
566+19 commission. The commission may approve a refreshment area and
567+20 issue refreshment area designations to retailer permittees without
568+21 publication of notice or investigation before a local board. The
569+22 commission may not charge a fee for designating a retailer
570+23 permittee.
571+24 (c) Designated permittees and vendors shall comply with the
572+25 applicable public health and safety requirements established by
573+26 ordinance for the refreshment area.
574+27 Sec. 10. (a) Except as provided in subsection (b), a person who
575+28 is not a designated permittee for the area must obtain a permit
576+29 described in section 5 of this chapter and a temporary vendor
577+30 designation to participate in an event or festival held within a
578+31 refreshment area. The commission may only charge a fee for the
579+32 temporary beer or wine permit. The commission may issue the
580+33 permit and designation without publication of notice or
581+34 investigation before a local board.
582+35 (b) A craft manufacturer may participate in an event or festival
583+36 held within a refreshment area as provided in the craft
584+37 manufacturer's scope of permit.
585+38 Sec. 11. A municipal legislative body may adopt an ordinance
586+39 dissolving a refreshment area at any time. The municipal
587+40 legislative body shall notify the chair of the commission that the
588+41 refreshment area is dissolved. Upon receipt of the notice, the
589+42 commission shall revoke all refreshment area designations issued
590+ES 20—LS 6187/DI 87 13
591+1 within the dissolved refreshment area.
592+2 Sec. 12. A designated permittee or vendor within the
593+3 refreshment area may allow a person to exit the designated
594+4 permittee's or vendor's licensed premises with not more than two
595+5 (2) open containers of an alcoholic beverage at a time. The contents
596+6 of an open container may not exceed the following:
597+7 (1) Beer or flavored malt beverage of not more than sixteen
598+8 (16) ounces.
599+9 (2) Wine, cider, or hard seltzer of not more than twelve (12)
600+10 ounces.
601+11 (3) A mixed drink of not more than ten (10) ounces containing
602+12 not more than two (2) ounces of liquor.
603+13 Sec. 13. (a) A person may consume an alcoholic beverage
604+14 purchased from a designated permittee or vendor anywhere within
605+15 the refreshment area boundaries.
606+16 (b) A person may not enter:
607+17 (1) a licensed premises in violation of IC 7.1-5-8-5; or
608+18 (2) a restaurant in violation of IC 7.1-5-8-6;
609+19 with an alcoholic beverage purchased from a designated permittee
610+20 or vendor for consumption within a refreshment area.
611+21 Sec. 14. A person may not consume an alcoholic beverage within
612+22 a refreshment area that was purchased outside of the refreshment
613+23 area.
614+24 Sec. 15. If a designated permittee in a refreshment area includes
615+25 outdoor dining:
616+26 (1) the designated permittee may serve alcoholic beverages in
617+27 open containers during the hours of operation and in the
618+28 areas authorized by the retailer permit;
619+29 (2) glass containers may be allowed in the outdoor dining
620+30 areas but may not be removed from those areas into the
621+31 refreshment area; and
622+32 (3) no fencing or other enclosure of the outdoor dining area is
623+33 required.
624+34 Sec. 16. A sign must be posted at each exit of a designated
625+35 permittee and on the licensed premises of a vendor that informs the
626+36 public of the following:
627+37 (1) Any open alcoholic beverage containers purchased within
628+38 the refreshment area must remain within the refreshment
629+39 area.
630+40 (2) Possessing an open container of alcoholic beverages in a
631+41 motor vehicle may constitute a Class C infraction under
632+42 IC 9-30-15.
633+ES 20—LS 6187/DI 87 14
634+1 (3) The dates the refreshment area will be open if the
635+2 refreshment area has date restrictions.
636+3 Sec. 17. In accordance with IC 7.1-2-3-3, the commission shall
637+4 prescribe the form for a retailer permittee to apply for approval
638+5 from the commission as a designated permittee.
639+6 SECTION 15. IC 7.1-5-7-11, AS AMENDED BY P.L.105-2022,
640+7 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
641+8 JULY 1, 2023]: Sec. 11. (a) The provisions of sections 9 and 10 of this
642+9 chapter shall not apply if the public place involved is one (1) of the
643+10 following:
644+11 (1) Civic center.
645+12 (2) Convention center.
646+13 (3) Sports arena.
647+14 (4) Bowling center.
648+15 (5) Bona fide club.
649+16 (6) Drug store.
650+17 (7) Grocery store.
651+18 (8) Boat.
652+19 (9) Dining car.
653+20 (10) Pullman car.
654+21 (11) Club car.
655+22 (12) Passenger airplane.
656+23 (13) Horse racetrack facility holding a recognized meeting permit
657+24 under IC 4-31-5.
658+25 (14) Satellite facility (as defined in IC 4-31-2.1-36).
659+26 (15) Catering hall under IC 7.1-3-20-24 that is not open to the
660+27 public.
661+28 (16) That part of a restaurant which is separate from a room in
662+29 which is located a bar over which alcoholic beverages are sold or
663+30 dispensed by the drink.
664+31 (17) Entertainment complex.
665+32 (18) Indoor golf facility.
666+33 (19) A recreational facility such as a golf course, bowling center,
667+34 or similar facility that has the recreational activity and not the sale
668+35 of food and beverages as the principal purpose or function of the
669+36 person's business.
670+37 (20) A licensed premises owned or operated by a postsecondary
671+38 educational institution described in IC 21-17-6-1.
672+39 (21) An automobile racetrack.
673+40 (22) An indoor theater under IC 7.1-3-20-26.
674+41 (23) A senior residence facility campus (as defined in
675+42 IC 7.1-3-1-29(c)) at which alcoholic beverages are given or
676+ES 20—LS 6187/DI 87 15
677+1 furnished as provided under IC 7.1-3-1-29.
678+2 (24) A hotel other than a part of a hotel that is a room in a
679+3 restaurant in which a bar is located over which alcoholic
680+4 beverages are sold or dispensed by the drink.
681+5 (25) The location of an allowable event to which IC 7.1-3-6.1
682+6 applies.
683+7 (26) The location of a charity auction to which IC 7.1-3-6.2
684+8 applies.
685+9 (27) A tour of a brewery as provided in IC 7.1-3-20-16.4, if the
686+10 minor is in the company of a parent, legal guardian or custodian,
687+11 or family member who is at least twenty-one (21) years of age.
688+12 (28) A farm winery and any additional locations of the farm
689+13 winery under IC 7.1-3-12, if the minor is in the company of a
690+14 parent, legal guardian or custodian, or family member who is at
691+15 least twenty-one (21) years of age and the minor is accompanied
692+16 by the adult in any area that the adult may be present whether or
693+17 not the area:
694+18 (A) is separated in any manner from where the wine is
695+19 manufactured, sold, or consumed within the farm winery
696+20 premises; or
697+21 (B) operates under a retailer's permit.
698+22 (29) An artisan distillery under IC 7.1-3-27, if:
699+23 (A) the person who holds the artisan distiller's permit also
700+24 holds a farm winery permit under IC 7.1-3-12, or
701+25 IC 7.1-3-20-16.4(a) applies to the person; and
702+26 (B) the minor is in the company of a parent, legal guardian or
703+27 custodian, or family member who is at least twenty-one (21)
704+28 years of age.
705+29 (30) An art instruction studio under IC 7.1-5-8-4.6.
706+30 (31) The licensed premises of a food hall under IC 7.1-3-20-29
707+31 and the food and beverage vending space of a food hall vendor
708+32 permittee under IC 7.1-3-20-30. However, sections 9 and 10 of
709+33 this chapter apply to a bar within the food and beverage vending
710+34 space of a food hall vendor permittee under IC 7.1-3-20-30 that
711+35 serves alcoholic beverages intended to be consumed while sitting
712+36 or standing at the bar.
713+37 (32) A refreshment area designated under IC 7.1-3-31.
714+38 (b) For the purpose of this subsection, "food" means meals prepared
715+39 on the licensed premises. It is lawful for a minor to be on licensed
716+40 premises in a room in which is located a bar over which alcoholic
717+41 beverages are sold or dispensed by the drink if all the following
718+42 conditions are met:
719+ES 20—LS 6187/DI 87 16
720+1 (1) The minor is eighteen (18) years of age or older.
721+2 (2) The minor is in the company of a parent, guardian, or family
722+3 member who is twenty-one (21) years of age or older.
723+4 (3) The purpose for being on the licensed premises is the
724+5 consumption of food and not the consumption of alcoholic
725+6 beverages.
726+7 SECTION 16. IC 7.1-5-8-13 IS ADDED TO THE INDIANA CODE
727+8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
728+9 1, 2023]: Sec. 13. (a) As used in this section, "designated permittee"
729+10 has the meaning set forth in IC 7.1-3-31-2.
730+11 (b) As used in this section, "vendor" has the meaning set forth
731+12 in IC 7.1-3-31-5.
732+13 (c) A designated permittee or vendor who intentionally sells,
733+14 furnishes, or gives a person for consumption in a refreshment area
734+15 designated under IC 7.1-3-31:
735+16 (1) an open container of an alcoholic beverage that exceeds
736+17 the content limitations in IC 7.1-3-31-12; or
737+18 (2) three (3) or more open containers of alcoholic beverages
738+19 at a time;
739+20 commits a Class C infraction.
740+21 SECTION 17. IC 7.1-5-10-11, AS AMENDED BY P.L.159-2014,
741+22 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
742+23 JULY 1, 2023]: Sec. 11. (a) This section does not apply to the holder
743+24 of a liquor dealer's permit licensed under IC 7.1-3-10-4.
744+25 (a) (b) It is unlawful for the holder of a beer dealer's permit to offer
745+26 or display for sale, or sell, barter, exchange or give away a bottle, can,
746+27 container, or package of:
747+28 (1) beer;
748+29 (2) liquor; or
749+30 (3) mixed beverages;
750+31 that was iced or cooled by the permittee before or at the time of the
751+32 sale, exchange, or gift.
752+33 (b) (c) A person who knowingly or intentionally violates this section
753+34 commits a Class B misdemeanor.
754+35 SECTION 18. IC 15-15-13-6.5, AS ADDED BY P.L.190-2019,
755+36 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
756+37 JULY 1, 2023]: Sec. 6.5. As used in this chapter, "hemp product"
757+38 means a product derived from, or made by, processing hemp plants or
758+39 plant parts including derivatives, extracts, cannabinoids, isomers, acids,
759+40 salts, and salts of isomers. However, the term does not include
760+41 (1) smokable hemp (as defined by IC 35-48-1-26.6); or
761+42 (2) products that contain a total delta-9-tetrahydrocannabinol
762+ES 20—LS 6187/DI 87 17
763+1 concentration of more than three-tenths of one percent (0.3%) by
764+2 weight.
765+3 SECTION 19. IC 15-15-13-13, AS AMENDED BY P.L.190-2019,
766+4 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
767+5 JULY 1, 2023]: Sec. 13. (a) Subject to section 13.5 of this chapter, in
768+6 addition to any other liability or penalty provided by law, the state seed
769+7 commissioner may revoke or refuse to issue or renew a hemp license
770+8 or an agricultural hemp seed production license and may impose a civil
771+9 penalty for a violation of:
772+10 (1) a license requirement;
773+11 (2) license terms or conditions; or
774+12 (3) a rule relating to growing or handling hemp. or
775+13 (4) section 19 of this chapter.
776+14 (b) The state seed commissioner may not impose a civil penalty
777+15 under this section that exceeds two thousand five hundred dollars
778+16 ($2,500).
779+17 (c) The state seed commissioner may revoke or refuse to issue or
780+18 renew a hemp license or an agricultural hemp seed production license
781+19 for a violation of any rule of the state seed commissioner that pertains
782+20 to agricultural operations or activities other than hemp growing or
783+21 handling.
784+22 (d) Any civil penalties collected under this section shall be
785+23 transferred to the Indiana state department of agriculture and used for
786+24 hemp marketing and research purposes.
787+25 (e) In addition to payment of any civil penalty imposed under this
788+26 section, a person who commits a violation described in subsection (a)
789+27 shall reimburse the state seed commissioner for any costs incurred by
790+28 the state seed commissioner for laboratory testing of material
791+29 pertaining to the violation.
792+30 SECTION 20. IC 15-15-13-19 IS REPEALED [EFFECTIVE JULY
793+31 1, 2023]. Sec. 19. (a) Hemp bud (as defined in IC 35-48-1-17.2) and
794+32 hemp flower (as defined in IC 35-48-1-17.3) may be sold only to a
795+33 processor licensed under this chapter.
796+34 (b) The state seed commissioner may impose a civil penalty under
797+35 section 13 of this chapter for a violation of subsection (a).
798+36 SECTION 21. IC 15-15-13-20, AS ADDED BY P.L.190-2019,
799+37 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
800+38 JULY 1, 2023]: Sec. 20. (a) A person who knowingly or intentionally
801+39 violates:
802+40 (1) a term, condition, or requirement of a license issued; or
803+41 (2) a rule adopted;
804+42 under this chapter is subject to a civil penalty, determined by the state
805+ES 20—LS 6187/DI 87 18
806+1 seed commissioner, not to exceed ten thousand dollars ($10,000) per
807+2 violation. The state seed commissioner may also revoke the license of
808+3 a person who violates this subsection.
809+4 (b) A person who knowingly or intentionally:
810+5 (1) grows hemp;
811+6 (2) handles hemp; or
812+7 (3) sells agricultural hemp seed;
813+8 not including smokable hemp (as defined by IC 35-48-1-26.6), and is
814+9 not licensed under this chapter commits a Class A misdemeanor.
815+10 SECTION 22. IC 16-42-2-2 IS AMENDED TO READ AS
816+11 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A food is
817+12 considered adulterated under any of the following conditions:
818+13 (1) If the food bears or contains any poisonous or deleterious
819+14 substance that may make the food injurious to health. However,
820+15 if the substance is not an added substance, the food is not to be
821+16 considered adulterated under this subdivision if the quantity of the
822+17 substance in the food does not ordinarily make the food injurious
823+18 to health.
824+19 (2) If:
825+20 (A) the food bears or contains any added poison or added
826+21 deleterious substance (other than a poison or a deleterious
827+22 substance that is a pesticide chemical in or on a raw
828+23 agricultural commodity, a food additive, or a color additive)
829+24 that is unsafe within the meaning of section 5 of this chapter;
830+25 (B) the food is a raw agricultural commodity and the food
831+26 bears or contains a pesticide chemical that is unsafe under
832+27 section 5 of this chapter; or
833+28 (C) the food is or contains a food additive that is unsafe under
834+29 section 5 of this chapter.
835+30 However, when a pesticide chemical is used in or on a raw
836+31 agricultural commodity in conformity with an exemption granted
837+32 or tolerance prescribed under section 5 of this chapter and the raw
838+33 agricultural commodity has been subjected to processing such as
839+34 canning, cooking, freezing, dehydrating, or milling, the residue of
840+35 the pesticide chemical remaining in or on the processed food,
841+36 notwithstanding section 5 of this chapter and clause (C) is not
842+37 considered unsafe if the residue in or on the raw agricultural
843+38 commodity has been removed to the extent possible in good
844+39 manufacturing practice, and the concentration of the residues in
845+40 the processed food, when ready to eat, is not greater than the
846+41 tolerance prescribed for the raw agricultural commodity.
847+42 (3) If the food consists in whole or in part of a diseased,
848+ES 20—LS 6187/DI 87 19
849+1 contaminated, filthy, putrid, or decomposed substance or if the
850+2 food is otherwise unfit for food.
851+3 (4) If the food has been produced, transported, handled, prepared,
852+4 packed, or held under unsanitary conditions or in unsanitary
853+5 containers as the result of which the food may have become
854+6 contaminated with filth or made diseased, unwholesome, or
855+7 injurious to health.
856+8 (5) If the food is, in whole or in part, the product of:
857+9 (A) a diseased animal;
858+10 (B) an animal that has died otherwise than by slaughter; or
859+11 (C) an animal that has been fed upon the uncooked offal from
860+12 a slaughterhouse.
861+13 (6) If the food's container is composed in whole or in part of any
862+14 poisonous or deleterious substance that may make the contents
863+15 injurious to health.
864+16 (7) If the food has been intentionally subjected to radiation, unless
865+17 the use of the radiation was in conformity with a rule or an
866+18 exemption in effect under section 5 of this chapter.
867+19 (8) If any valuable constituent has been in whole or in part
868+20 omitted or abstracted from the food.
869+21 (9) If any substance has been substituted wholly or in part.
870+22 (10) If damage or inferiority has been concealed in any manner.
871+23 (11) If any substance has been added to the food or mixed or
872+24 packed with the food to:
873+25 (A) increase the food's bulk or weight;
874+26 (B) reduce the food's quality or strength;
875+27 (C) make the food appear better or of greater value than the
876+28 food is; or
877+29 (D) create a deceptive appearance.
878+30 (12) If the food bears or contains a coal-tar color other than one
879+31 from a batch that has been certified by the federal Food and Drug
880+32 Administrator, as provided by regulations promulgated under
881+33 authority of the Federal Act.
882+34 (13) If the food is a confectionery and has partially or completely
883+35 imbedded embedded in the food any nonnutritive object.
884+36 However, this subdivision does not apply in the case of any
885+37 nonnutritive object if, in the judgment of the state department as
886+38 provided by rules, the nonnutritive object is of practical,
887+39 functional value to the confectionery product and would not make
888+40 the product injurious or hazardous to health.
889+41 (14) If the food is a confectionery and bears or contains any
890+42 alcohol other than alcohol not in excess of one-half of one percent
891+ES 20—LS 6187/DI 87 20
892+1 (0.5%) by volume derived solely from the use of flavoring
893+2 extracts.
894+3 (15) If the food is a confectionery and bears or contains any
895+4 nonnutritive substance. However, this subdivision does not apply
896+5 to a safe, nonnutritive substance if:
897+6 (A) the nonnutritive substance is in or on a confectionery for
898+7 a practical, functional purpose in the manufacture, packaging,
899+8 or storing of the confectionery; and
900+9 (B) the use of the substance does not promote deception of the
901+10 consumer or otherwise result in adulteration or misbranding in
902+11 violation of any provision of IC 16-42-1 through IC 16-42-4.
903+12 In addition, the state department may, for the purpose of
904+13 avoiding or resolving uncertainty as to the application of this
905+14 subdivision, adopt rules allowing or prohibiting the use of
906+15 particular nonnutritive substances.
907+16 (16) If the food falls below the standard of purity, quality, or
908+17 strength that the food purports or is represented to possess.
909+18 (17) If the food is or bears or contains any color additive that is
910+19 unsafe under section 5 of this chapter.
911+20 (b) Subsection (a)(8) and (a)(9) do not prohibit:
912+21 (1) the removal of butterfat from; or
913+22 (2) the addition of skim milk to;
914+23 dairy products that comply with the definitions and standards for dairy
915+24 products adopted by the state department.
916+25 (c) A food is not considered adulterated for containing low THC
917+26 hemp extract (as defined in IC 35-48-1-17.5) or craft hemp flower
918+27 (as defined in IC 35-31.5-2-68.8).
919+28 SECTION 23. IC 24-4-21-4, AS ADDED BY P.L.153-2018,
920+29 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
921+30 JULY 1, 2023]: Sec. 4. (a) Except as provided in subsection (b), low
922+31 THC hemp extract must be distributed in packaging that contains the
923+32 following information:
924+33 (1) A scannable bar code or QR code linked to a document that
925+34 contains information with respect to the manufacture of the low
926+35 THC hemp extract, including the:
927+36 (A) batch identification number;
928+37 (B) product name;
929+38 (C) batch date;
930+39 (D) expiration date, which must be not more than two (2) years
931+40 from the date of manufacture;
932+41 (E) batch size;
933+42 (F) total quantity produced;
934+ES 20—LS 6187/DI 87 21
935+1 (G) ingredients used, including the:
936+2 (i) ingredient name;
937+3 (ii) name of the company that manufactured the ingredient;
938+4 (iii) company or product identification number or code, if
939+5 applicable; and
940+6 (iv) ingredient lot number; and
941+7 (H) download link for a certificate of analysis for the low THC
942+8 hemp extract.
943+9 (2) The batch number.
944+10 (3) The Internet address of a web site website to obtain batch
945+11 information.
946+12 (4) The expiration date.
947+13 (5) The number of milligrams of low THC hemp extract.
948+14 (6) The manufacturer.
949+15 (7) The fact that the product contains not more than three-tenths
950+16 percent (0.3%) total delta-9-tetrahydrocannabinol (THC),
951+17 including precursors, by weight.
952+18 (b) Before July 1, 2018, low THC hemp extract may be distributed
953+19 in Indiana without having met the requirements described in subsection
954+20 (a).
955+21 (b) After June 30, 2023, the packaging of low THC hemp extract
956+22 may not:
957+23 (1) contain any statement, artwork, or design that could
958+24 reasonably mislead any person to believe that the package
959+25 contains anything other than low THC hemp extract; or
960+26 (2) bear an unauthorized trademark, trade name, famous
961+27 mark, or other identifying mark, imprint, or device, or any
962+28 likeness thereof.
963+29 SECTION 24. IC 24-4-22-3, AS ADDED BY P.L.153-2018,
964+30 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
965+31 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (b), A
966+32 person may sell low THC hemp extract at retail only if the packaging
967+33 complies with the requirements of IC 24-4-21-4.
968+34 (b) Before July 1, 2018, a person may sell low THC hemp extract at
969+35 retail even if the packaging does not comply with the requirements of
970+36 IC 24-4-21-4.
971+37 (b) Beginning July 1, 2023, low THC hemp extract containing:
972+38 (1) Delta-8 THC;
973+39 (2) Delta-10 THC;
974+40 (3) Hexahydrocannabinol (HHC);
975+41 (4) Tetrahydrocannabinol acetate ester (THCo);
976+42 (5) Tetrahydrocannabiporol (THCp); or
977+ES 20—LS 6187/DI 87 22
978+1 (6) Tetrahydrocannabivarin (THCv);
979+2 may not be distributed, sold, or offered for sale at retail or online
980+3 to a person who is less than twenty-one (21) years of age.
981+4 (c) Any website owned, managed, or operated by a person who
982+5 distributes or sells a product containing:
983+6 (1) Delta-8 THC;
984+7 (2) Delta-10 THC;
985+8 (3) Hexahydrocannabinol (HHC);
986+9 (4) Tetrahydrocannabinol acetate ester (THCo);
987+10 (5) Tetrahydrocannabiporol (THCp); or
988+11 (6) Tetrahydrocannabivarin (THCv);
989+12 directly to consumers must verify a consumer's age by either using
990+13 a reliable online age verification service, or by obtaining and
991+14 examining a copy of a government issued identification, prior to
992+15 completing a purchase.
993+16 (d) It is a defense to a violation under this section that the
994+17 distributor or seller examined the purchaser's or recipient's
995+18 driver's license, or other valid government issued identification,
996+19 that positively identified the purchaser or recipient as being at least
997+20 twenty-one (21) years of age.
998+21 SECTION 25. IC 24-4-22.5 IS ADDED TO THE INDIANA CODE
999+22 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1000+23 JULY 1, 2023]:
1001+24 Chapter 22.5. Distribution of Craft Hemp Flower
1002+25 Sec. 1. As used in this chapter, "certificate of analysis" means
1003+26 a certificate from an independent testing laboratory describing the
1004+27 results of the laboratory's testing of a sample.
1005+28 Sec. 2. As used in this chapter, "craft hemp flower" has the
1006+29 meaning set forth in IC 35-31.5-2-68.8.
1007+30 Sec. 3. As used in this chapter, "independent testing laboratory"
1008+31 means a laboratory:
1009+32 (1) with respect to which no person having a direct or indirect
1010+33 interest in the laboratory also has a direct or indirect interest
1011+34 in a facility that:
1012+35 (A) processes, distributes, or sells craft hemp flower, or a
1013+36 substantially similar substance in another jurisdiction;
1014+37 (B) cultivates, processes, distributes, dispenses, or sells
1015+38 marijuana;
1016+39 (C) cultivates, processes, or distributes hemp; or
1017+40 (D) processes, distributes, or sells low THC hemp extract
1018+41 (as defined in IC 35-48-1-17.5); and
1019+42 (2) that is accredited as a testing laboratory under
1020+ES 20—LS 6187/DI 87 23
1021+1 International Organization for Standardization (ISO) 17025
1022+2 by a third party accrediting body such as the American
1023+3 Association for Laboratory Accreditation (A2LA) or Assured
1024+4 Calibration and Laboratory Accreditation Select Services
1025+5 (ACLASS).
1026+6 Sec. 4. As used in this chapter, "tamper evident packaging"
1027+7 means a package having at least one (1) indicator or a barrier to
1028+8 entry that, if breached or missing, can reasonably be expected to
1029+9 provide visible evidence to consumers that tampering has occurred.
1030+10 Sec. 5. (a) Before a person may distribute craft hemp flower, the
1031+11 distributor must have a certificate of analysis prepared by an
1032+12 independent testing laboratory showing the following:
1033+13 (1) That the craft hemp flower is the product of a batch tested
1034+14 by the independent testing laboratory.
1035+15 (2) That the independent testing laboratory determined that
1036+16 the batch contained not more than three-tenths percent
1037+17 (0.3%) delta-9-tetrahydrocannabinol (THC), including
1038+18 precursors, by weight, based on the testing of a random
1039+19 sample of the batch.
1040+20 (3) That the batch has been tested for and does not exceed the
1041+21 acceptable levels set forth under section 7 of this chapter for
1042+22 the following contaminants:
1043+23 (A) Heavy metals, including cadmium, lead, arsenic, and
1044+24 mercury.
1045+25 (B) Pesticides.
1046+26 (C) Herbicides.
1047+27 (D) Mycotoxins.
1048+28 (E) Bacterial toxins.
1049+29 (F) Chemical solvent residues.
1050+30 (4) The potency of the craft hemp flower, including the
1051+31 projected percentage of:
1052+32 (A) THC;
1053+33 (B) cannabidiol; and
1054+34 (C) other cannabinoids in the craft hemp flower;
1055+35 by weight or volume.
1056+36 (b) Each batch of craft hemp flower submitted to an
1057+37 independent testing laboratory under this section must have been
1058+38 harvested at the same time and cultivated in a contiguous area in
1059+39 the same field or facility.
1060+40 Sec. 6. Craft hemp flower must be distributed in tamper evident
1061+41 packaging that contains the following information:
1062+42 (1) A scannable bar code or QR code linked to a document
1063+ES 20—LS 6187/DI 87 24
1064+1 that contains information with respect to the craft hemp
1065+2 flower, including the:
1066+3 (A) batch identification number;
1067+4 (B) product name;
1068+5 (C) batch date;
1069+6 (D) expiration date, which must be not more than two (2)
1070+7 years from the date of harvest;
1071+8 (E) batch size;
1072+9 (F) total quantity produced;
1073+10 (G) ingredients used, including the:
1074+11 (i) ingredient name;
1075+12 (ii) name of the company that manufactured the
1076+13 ingredient;
1077+14 (iii) company or product identification number or code,
1078+15 if applicable; and
1079+16 (iv) ingredient lot number; and
1080+17 (H) download link for a certificate of analysis for the craft
1081+18 hemp flower.
1082+19 (2) The batch number.
1083+20 (3) The website address to obtain batch information.
1084+21 (4) The expiration date, which must be not more than two (2)
1085+22 years from the date of harvest.
1086+23 (5) The number of grams of craft hemp flower.
1087+24 (6) The facility that produced the craft hemp flower.
1088+25 (7) The fact that the product contains not more than
1089+26 three-tenths percent (0.3%) delta-9-tetrahydrocannabinol
1090+27 (THC), including precursors, by weight.
1091+28 Sec. 7. A craft hemp flower may not be distributed if a
1092+29 certificate of analysis prepared by an independent testing
1093+30 laboratory shows any of the following:
1094+31 (1) A concentration of metals that is more than any of the
1095+32 following:
1096+33 (A) Four-tenths (0.4) part per million of cadmium.
1097+34 (B) Five-tenths (0.5) part per million of lead.
1098+35 (C) Four-tenths (0.4) part per million of arsenic.
1099+36 (D) Two-tenths (0.2) part per million of mercury.
1100+37 (2) A concentration of microbiological units that is more than
1101+38 any of the following:
1102+39 (A) One (1) colony forming unit per gram of Shiga-Toxin
1103+40 Escherichia coli.
1104+41 (B) One (1) colony forming unit per gram of Salmonella
1105+42 spp.
1106+ES 20—LS 6187/DI 87 25
1107+1 (C) Ten thousand (10,000) colony forming units of
1108+2 culturable mold.
1109+3 (3) A concentration of residual solvents and chemicals that is
1110+4 more than any of the following:
1111+5 (A) Five thousand (5,000) parts per million of butane.
1112+6 (B) Two (2) parts per million of benzene.
1113+7 (C) Five thousand (5,000) parts per million of heptane.
1114+8 (D) Two hundred ninety (290) parts per million of hexane.
1115+9 (E) Eight hundred ninety (890) parts per million of toluene.
1116+10 (F) One (1) part per million of total xylenes, including
1117+11 ortho-xylene, meta-xylene, and para-xylene.
1118+12 Sec. 8. (a) A person in a motor vehicle who, while the motor
1119+13 vehicle is in operation or the motor vehicle is located on the
1120+14 right-of-way of a public highway (as defined in IC 9-25-2-4),
1121+15 possesses a container that contains craft hemp flower, and:
1122+16 (1) the container does not have tamper evident packaging; or
1123+17 (2) the tamper evident packaging has a broken seal;
1124+18 commits a Class C infraction.
1125+19 (b) A violation of this section is not considered a moving traffic
1126+20 violation:
1127+21 (1) for purposes of IC 9-14-12-3; and
1128+22 (2) for which points are assessed by the bureau of motor
1129+23 vehicles under the point system.
1130+24 Sec. 9. (a) A person who distributes or sells craft hemp flower
1131+25 in violation of this chapter commits a Class B infraction. However,
1132+26 the offense is a Class A infraction if the person has a prior
1133+27 unrelated judgment for a violation of this chapter.
1134+28 (b) The penalties in this section are in addition to any criminal
1135+29 penalties that may be imposed for unlawful possession or
1136+30 distribution of a controlled substance.
1137+31 SECTION 26. IC 35-31.5-2-68.8 IS ADDED TO THE INDIANA
1138+32 CODE AS A NEW SECTION TO READ AS FOLLOWS
1139+33 [EFFECTIVE JULY 1, 2023]: Sec. 68.8. (a) "Craft hemp flower"
1140+34 means the harvested reproductive organ, whether immature or
1141+35 mature, of the female Cannabis sativa L. plant containing not more
1142+36 than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol
1143+37 (THC), including precursors of THC, in a form that is intended to
1144+38 allow THC to be introduced into the human body by inhalation of
1145+39 smoke.
1146+40 (b) The term does not include agricultural hemp seed (as defined
1147+41 in IC 15-15-13-2).
1148+42 SECTION 27. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
1149+ES 20—LS 6187/DI 87 26
1150+1 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1151+2 JULY 1, 2023]: Sec. 100. (a) "Distribute", for purposes of
1152+3 IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
1153+4 (b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
1154+5 forth in IC 35-46-1-10(f). IC 35-46-1-10(a).
1155+6 (c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
1156+7 set forth in IC 35-46-1-10.2(g). IC 35-46-1-10.2(a).
1157+8 (d) "Distribute", for purposes of IC 35-47.5, has the meaning set
1158+9 forth in IC 35-47.5-2-6.
1159+10 (e) "Distribute", for purposes of IC 35-48, has the meaning set forth
1160+11 in IC 35-48-1-14.
1161+12 (f) "Distribute", for purposes of IC 35-49, has the meaning set forth
1162+13 in IC 35-49-1-2.
1163+14 SECTION 28. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
1164+15 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1165+16 JULY 1, 2023]: Sec. 10. (a) As used in this section, "distribute"
1166+17 means to give tobacco, craft hemp flower, an e-liquid, or an
1167+18 electronic cigarette to another person as a means of promoting,
1168+19 advertising, or marketing the tobacco, craft hemp flower, e-liquid,
1169+20 or electronic cigarette to the general public.
1170+21 (a) (b) A person may not be charged with a violation under this
1171+22 section and a violation under IC 7.1-7-6-5.
1172+23 (b) (c) A person who knowingly:
1173+24 (1) sells or distributes tobacco, craft hemp flower, an e-liquid, or
1174+25 an electronic cigarette to a person less than twenty-one (21) years
1175+26 of age; or
1176+27 (2) purchases tobacco, craft hemp flower, an e-liquid, or an
1177+28 electronic cigarette for delivery to another person who is less than
1178+29 twenty-one (21) years of age;
1179+30 commits a Class C infraction. For a sale to take place under this
1180+31 section, the buyer must pay the seller for the tobacco, craft hemp
1181+32 flower, e-liquid, or electronic cigarette.
1182+33 (c) (d) It is not a defense that the person to whom the tobacco, craft
1183+34 hemp flower, e-liquid, or electronic cigarette was sold or distributed
1184+35 did not smoke, chew, inhale, or otherwise consume the tobacco, craft
1185+36 hemp flower, e-liquid, or electronic cigarette.
1186+37 (d) (e) The following defenses are available to a person accused of
1187+38 selling or distributing tobacco, craft hemp flower, an e-liquid, or an
1188+39 electronic cigarette to a person who is less than twenty-one (21) years
1189+40 of age:
1190+41 (1) The buyer or recipient produced a driver's license bearing the
1191+42 purchaser's or recipient's photograph, showing that the purchaser
1192+ES 20—LS 6187/DI 87 27
1193+1 or recipient was of legal age to make the purchase.
1194+2 (2) The buyer or recipient produced a photographic identification
1195+3 card issued under IC 9-24-16-1, or a similar card issued under the
1196+4 laws of another state or the federal government, showing that the
1197+5 purchaser or recipient was of legal age to make the purchase.
1198+6 (3) The appearance of the purchaser or recipient was such that an
1199+7 ordinary prudent person would believe that the purchaser or
1200+8 recipient was not less than thirty (30) years of age.
1201+9 (e) (f) It is a defense that the accused person sold or delivered the
1202+10 tobacco, craft hemp flower, e-liquid, or electronic cigarette to a
1203+11 person who acted in the ordinary course of employment or a business
1204+12 concerning tobacco, craft hemp flower, an e-liquid, or electronic
1205+13 cigarettes including the following activities:
1206+14 (1) Agriculture.
1207+15 (2) Processing.
1208+16 (3) Transporting.
1209+17 (4) Wholesaling.
1210+18 (5) Retailing.
1211+19 (f) As used in this section, "distribute" means to give tobacco, an
1212+20 e-liquid, or an electronic cigarette to another person as a means of
1213+21 promoting, advertising, or marketing the tobacco, e-liquid, or electronic
1214+22 cigarette to the general public.
1215+23 (g) Unless the person buys or receives tobacco, craft hemp flower,
1216+24 an e-liquid, or an electronic cigarette under the direction of a law
1217+25 enforcement officer as part of an enforcement action, a person who
1218+26 sells or distributes tobacco, craft hemp flower, an e-liquid, or an
1219+27 electronic cigarette is not liable for a violation of this section unless the
1220+28 person less than twenty-one (21) years of age who bought or received
1221+29 the tobacco, craft hemp flower, e-liquid, or electronic cigarette is
1222+30 issued a citation or summons under section 10.5 of this chapter.
1223+31 (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
1224+32 this section must be deposited in the Richard D. Doyle youth tobacco
1225+33 education and enforcement fund (IC 7.1-6-2-6).
1226+34 SECTION 29. IC 35-46-1-10.2, AS AMENDED BY P.L.32-2021,
1227+35 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1228+36 JULY 1, 2023]: Sec. 10.2. (a) As used in this section, "distribute"
1229+37 means to give tobacco, craft hemp flower, an e-liquid, or an
1230+38 electronic cigarette to another person as a means of promoting,
1231+39 advertising, or marketing the tobacco, craft hemp flower, e-liquid,
1232+40 or electronic cigarette to the general public.
1233+41 (a) (b) A person may not be charged with a violation under this
1234+42 section and a violation under IC 7.1-7-6-5.
1235+ES 20—LS 6187/DI 87 28
1236+1 (b) (c) A retail establishment that sells or distributes tobacco, craft
1237+2 hemp flower, an e-liquid, or an electronic cigarette to a person less
1238+3 than twenty-one (21) years of age commits a Class C infraction. For a
1239+4 sale to take place under this section, the buyer must pay the retail
1240+5 establishment for the tobacco, craft hemp flower, e-liquid, or
1241+6 electronic cigarette.
1242+7 (c) (d) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
1243+8 infraction committed under this section must be imposed as follows:
1244+9 (1) If the retail establishment at that specific business location has
1245+10 not been issued a citation or summons for a violation of this
1246+11 section in the previous one (1) year, a civil penalty of up to four
1247+12 hundred dollars ($400).
1248+13 (2) If the retail establishment at that specific business location has
1249+14 had one (1) citation or summons issued for a violation of this
1250+15 section in the previous one (1) year, a civil penalty of up to eight
1251+16 hundred dollars ($800).
1252+17 (3) If the retail establishment at that specific business location has
1253+18 had two (2) citations or summonses issued for a violation of this
1254+19 section in the previous one (1) year, a civil penalty of up to one
1255+20 thousand four hundred dollars ($1,400).
1256+21 (4) If the retail establishment at that specific business location has
1257+22 had three (3) or more citations or summonses issued for a
1258+23 violation of this section in the previous one (1) year, a civil
1259+24 penalty of up to two thousand dollars ($2,000).
1260+25 A retail establishment may not be issued a citation or summons for a
1261+26 violation of this section more than once every twenty-four (24) hours
1262+27 for each specific business location.
1263+28 (d) (e) It is not a defense that the person to whom the tobacco, craft
1264+29 hemp flower, e-liquid, or electronic cigarette was sold or distributed
1265+30 did not smoke, chew, inhale, or otherwise consume the tobacco, craft
1266+31 hemp flower, e-liquid, or electronic cigarette.
1267+32 (e) (f) The following defenses are available to a retail establishment
1268+33 accused of selling or distributing tobacco, craft hemp flower, an
1269+34 e-liquid, or an electronic cigarette to a person who is less than
1270+35 twenty-one (21) years of age:
1271+36 (1) The buyer or recipient produced a driver's license bearing the
1272+37 purchaser's or recipient's photograph showing that the purchaser
1273+38 or recipient was of legal age to make the purchase.
1274+39 (2) The buyer or recipient produced a photographic identification
1275+40 card issued under IC 9-24-16-1 or a similar card issued under the
1276+41 laws of another state or the federal government showing that the
1277+42 purchaser or recipient was of legal age to make the purchase.
1278+ES 20—LS 6187/DI 87 29
1279+1 (3) The appearance of the purchaser or recipient was such that an
1280+2 ordinary prudent person would believe that the purchaser or
1281+3 recipient was not less than thirty (30) years of age.
1282+4 (f) (g) It is a defense that the accused retail establishment sold or
1283+5 delivered the tobacco, craft hemp flower, e-liquid, or electronic
1284+6 cigarette to a person who acted in the ordinary course of employment
1285+7 or a business concerning tobacco, craft hemp flower, an e-liquid, or
1286+8 electronic cigarettes for the following activities:
1287+9 (1) Agriculture.
1288+10 (2) Processing.
1289+11 (3) Transporting.
1290+12 (4) Wholesaling.
1291+13 (5) Retailing.
1292+14 (g) As used in this section, "distribute" means to give tobacco, an
1293+15 e-liquid, or an electronic cigarette to another person as a means of
1294+16 promoting, advertising, or marketing the tobacco or electronic cigarette
1295+17 to the general public.
1296+18 (h) Unless a person buys or receives tobacco, craft hemp flower,
1297+19 an e-liquid, or an electronic cigarette under the direction of a law
1298+20 enforcement officer as part of an enforcement action, a retail
1299+21 establishment that sells or distributes tobacco, craft hemp flower, an
1300+22 e-liquid, or an electronic cigarette is not liable for a violation of this
1301+23 section unless the person less than twenty-one (21) years of age who
1302+24 bought or received the tobacco, craft hemp flower, e-liquid, or
1303+25 electronic cigarette is issued a citation or summons under section 10.5
1304+26 of this chapter.
1305+27 (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
1306+28 this section must be deposited in the Richard D. Doyle youth tobacco
1307+29 education and enforcement fund (IC 7.1-6-2-6).
1308+30 (j) A person who violates subsection (b) (c) at least six (6) times in
1309+31 any one (1) year commits habitual illegal sale of tobacco, sales, a Class
1310+32 B infraction.
1311+33 SECTION 30. IC 35-46-1-10.5, AS AMENDED BY P.L.49-2020,
1312+34 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1313+35 JULY 1, 2023]: Sec. 10.5. (a) A person less than twenty-one (21) years
1314+36 of age who:
1315+37 (1) purchases tobacco, craft hemp flower, an e-liquid, or an
1316+38 electronic cigarette;
1317+39 (2) accepts tobacco, craft hemp flower, an e-liquid, or an
1318+40 electronic cigarette for personal use; or
1319+41 (3) possesses tobacco, craft hemp flower, an e-liquid, or an
1320+42 electronic cigarette on the person's person;
1321+ES 20—LS 6187/DI 87 30
1322+1 commits a Class C infraction.
1323+2 (b) It is a defense under subsection (a) that the accused person acted
1324+3 in the ordinary course of employment in a business concerning tobacco,
1325+4 craft hemp flower, an e-liquid, or an electronic cigarette for the
1326+5 following activities:
1327+6 (1) Agriculture.
1328+7 (2) Processing.
1329+8 (3) Transporting.
1330+9 (4) Wholesaling.
1331+10 (5) Retailing.
1332+11 SECTION 31. IC 35-48-1-9.3, AS AMENDED BY P.L.80-2019,
1333+12 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1334+13 JULY 1, 2023]: Sec. 9.3. (a) "Controlled substance analog" means a
1335+14 substance that, due to its chemical structure and potential for abuse or
1336+15 misuse, meets the following criteria:
1337+16 (1) The substance is substantially similar to a controlled substance
1338+17 classified under IC 35-48-2.
1339+18 (2) The substance has a narcotic, stimulant, depressant, or
1340+19 hallucinogenic effect on the central nervous system or is
1341+20 represented or intended to have a narcotic, stimulant, depressant,
1342+21 or hallucinogenic effect on the central nervous system
1343+22 substantially similar to or greater than that of a controlled
1344+23 substance classified under IC 35-48-2.
1345+24 (b) The definition set forth in subsection (a) does not include:
1346+25 (1) a controlled substance;
1347+26 (2) a legend drug;
1348+27 (3) a substance for which there is an approved new drug
1349+28 application;
1350+29 (4) any compound, mixture, or preparation that contains any
1351+30 controlled substance, that is not for administration to a human
1352+31 being or an animal, and that is packaged in a form or
1353+32 concentration, or with adulterants or denaturants, such that as
1354+33 packaged it does not present any significant potential for abuse;
1355+34 or
1356+35 (5) a substance to which an investigational exemption applies
1357+36 under Section 505 of the federal Food, Drug and Cosmetic Act
1358+37 (chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the
1359+38 extent that conduct with respect to the substance is pursuant to the
1360+39 exemption; or
1361+40 (6) low THC hemp extract; or
1362+41 (7) craft hemp flower.
1363+42 (c) For purposes of subsection (a), "substantially similar", as it
1364+ES 20—LS 6187/DI 87 31
1365+1 applies to the chemical structure of a substance, means that the
1366+2 chemical structure of the substance, when compared to the structure of
1367+3 a controlled substance, has a single difference in the structural formula
1368+4 that substitutes one (1) atom or functional group for another, including:
1369+5 (1) one (1) halogen for another halogen;
1370+6 (2) one (1) hydrogen for a halogen;
1371+7 (3) one (1) halogen for a hydrogen; or
1372+8 (4) an alkyl group added or deleted:
1373+9 (A) as a side chain to or from a molecule; or
1374+10 (B) from a side chain of a molecule.
1375+11 SECTION 32. IC 35-48-1-10.5 IS ADDED TO THE INDIANA
1376+12 CODE AS A NEW SECTION TO READ AS FOLLOWS
1377+13 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. "Craft hemp flower" has
1378+14 the meaning set forth in IC 35-31.5-2-68.8.
1379+15 SECTION 33. IC 35-48-1-16.8, AS ADDED BY P.L.153-2018,
1380+16 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1381+17 JULY 1, 2023]: Sec. 16.8. "Hashish" does not include:
1382+18 (1) low THC hemp extract; or
1383+19 (2) craft hemp flower.
1384+20 SECTION 34. IC 35-48-1-17.2 IS REPEALED [EFFECTIVE JULY
1385+21 1, 2023]. Sec. 17.2. (a) "Hemp bud" means the harvested immature
1386+22 reproductive organ of the female hemp plant.
1387+23 (b) The term does not include agricultural hemp seed.
1388+24 SECTION 35. IC 35-48-1-17.3 IS REPEALED [EFFECTIVE JULY
1389+25 1, 2023]. Sec. 17.3. (a) "Hemp flower" means the harvested
1390+26 reproductive organ, whether immature or mature, of the female hemp
1391+27 plant.
1392+28 (b) The term does not include agricultural hemp seed.
1393+29 SECTION 36. IC 35-48-1-17.5, AS AMENDED BY P.L.190-2019,
1394+30 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1395+31 JULY 1, 2023]: Sec. 17.5. (a) "Low THC hemp extract" means a
1396+32 substance or compound that:
1397+33 (1) is derived from or contains any part of the plant Cannabis
1398+34 sativa L. that meets the definition of hemp under IC 15-15-13-6;
1399+35 (2) contains not more than three-tenths percent (0.3%) total
1400+36 delta-9-tetrahydrocannabinol (THC), including precursors, by
1401+37 weight; and
1402+38 (3) contains no other controlled substances.
1403+39 (b) The term does not include:
1404+40 (1) the harvested reproductive organ, whether immature or
1405+41 mature, of the female hemp plant; or
1406+42 (2) smokable hemp. craft hemp flower.
1407+ES 20—LS 6187/DI 87 32
1408+1 SECTION 37. IC 35-48-1-19, AS AMENDED BY P.L.190-2019,
1409+2 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1410+3 JULY 1, 2023]: Sec. 19. (a) "Marijuana" means any part of the plant
1411+4 genus Cannabis whether growing or not; the seeds thereof; the resin
1412+5 extracted from any part of the plant, including hashish and hash oil; any
1413+6 compound, manufacture, salt, derivative, mixture, or preparation of the
1414+7 plant, its seeds or resin.
1415+8 (b) The term does not include:
1416+9 (1) the mature stalks of the plant;
1417+10 (2) fiber produced from the stalks;
1418+11 (3) oil or cake made from the seeds of the plant;
1419+12 (4) any other compound, manufacture, salt, derivative, mixture,
1420+13 or preparation of the mature stalks (except the resin extracted
1421+14 therefrom);
1422+15 (5) the sterilized seed of the plant which is incapable of
1423+16 germination;
1424+17 (6) hemp (as defined by IC 15-15-13-6);
1425+18 (7) low THC hemp extract; or
1426+19 (8) smokable hemp. craft hemp flower.
1427+20 SECTION 38. IC 35-48-1-26.6 IS REPEALED [EFFECTIVE JULY
1428+21 1, 2023]. Sec. 26.6. (a) Except as provided in subsection (b), "smokable
1429+22 hemp" means a product containing not more than three-tenths percent
1430+23 (0.3%) delta-9-tetrahydrocannabinol (THC), including precursors and
1431+24 derivatives of THC, in a form that allows THC to be introduced into the
1432+25 human body by inhalation of smoke. The term includes:
1433+26 (1) hemp bud; and
1434+27 (2) hemp flower.
1435+28 (b) The term does not include:
1436+29 (1) a hemp plant that is; or
1437+30 (2) parts of a hemp plant that are;
1438+31 grown or handled by a licensee for processing or manufacturing into a
1439+32 legal hemp product.
1440+33 SECTION 39. IC 35-48-4-10.1 IS REPEALED [EFFECTIVE JULY
1441+34 1, 2023]. Sec. 10.1. (a) A person who:
1442+35 (1) knowingly or intentionally:
1443+36 (A) manufactures;
1444+37 (B) finances the manufacture of;
1445+38 (C) delivers;
1446+39 (D) finances the delivery of; or
1447+40 (E) possesses;
1448+41 smokable hemp; or
1449+42 (2) possesses smokable hemp with intent to:
1450+ES 20—LS 6187/DI 87 33
1451+1 (A) manufacture;
1452+2 (B) finance the manufacture of;
1453+3 (C) deliver; or
1454+4 (D) finance the delivery of;
1455+5 smokable hemp;
1456+6 commits dealing in smokable hemp, a Class A misdemeanor.
1457+7 (b) Subsection (a)(1)(B), (a)(1)(D), (a)(2)(B), and (a)(2)(D) do not
1458+8 apply to:
1459+9 (1) a financial institution organized or reorganized under the laws
1460+10 of Indiana, any other state, or the United States; or
1461+11 (2) any agency or instrumentality of the state or the United States.
1462+12 (c) Subsection (a)(1)(C), (a)(1)(D), (a)(1)(E), (a)(2)(C), and
1463+13 (a)(2)(D) do not apply to the shipment of smokable hemp from a
1464+14 licensed producer in another state in continuous transit through Indiana
1465+15 to a licensed handler in any state.
1466+16 SECTION 40. IC 35-48-4-12, AS AMENDED BY P.L.156-2020,
1467+17 SECTION 134, IS AMENDED TO READ AS FOLLOWS
1468+18 [EFFECTIVE JULY 1, 2023]: Sec. 12. If a person who has no prior
1469+19 conviction of an offense under this article relating to controlled
1470+20 substances pleads guilty to possession of marijuana, hashish, or salvia
1471+21 or smokable hemp as a misdemeanor, the court, without entering a
1472+22 judgment of conviction and with the consent of the person, may defer
1473+23 further proceedings and place the person in the custody of the court
1474+24 under conditions determined by the court. Upon violation of a
1475+25 condition of the custody, the court may enter a judgment of conviction.
1476+26 However, if the person fulfills the conditions of the custody, the court
1477+27 shall dismiss the charges against the person. There may be only one (1)
1478+28 dismissal under this section with respect to a person.
1479+ES 20—LS 6187/DI 87 34
1480+COMMITTEE REPORT
1481+Madam President: The Senate Committee on Public Policy, to which
1482+was referred Senate Bill No. 20, has had the same under consideration
1483+and begs leave to report the same back to the Senate with the
1484+recommendation that said bill be AMENDED as follows:
1485+Page 4, line 2, delete "one (1)" and insert "two (2)".
1486+Page 4, line 2, delete "container" and insert "containers".
1487+Page 5, line 39, delete "one" and insert "two (2)".
1488+Page 5, line 40, delete "(1)".
1489+Page 5, line 40, delete "container" and insert "containers".
1490+Page 5, line 41, after "of" delete "the" and insert "an".
1491+Page 9, line 30, delete "two (2)" and insert "three (3)".
1492+and when so amended that said bill do pass.
1493+(Reference is to SB 20 as introduced.)
1494+ALTING, Chairperson
1495+Committee Vote: Yeas 7, Nays 0.
1496+_____
1497+SENATE MOTION
1498+Madam President: I move that Senate Bill 20 be amended to read as
1499+follows:
1500+Page 3, delete lines 28 through 32, begin a new paragraph and
1501+insert:
1502+"Sec. 1. As used in this chapter, "designated permittee" means
1503+a retailer permittee that:
1371504 (1) has licensed premises within a refreshment area;
1381505 (2) has submitted a completed application to the municipality
1391506 to participate in the refreshment area as a designated
1401507 permittee; and
141-(3) is designated by the commission under section 9 of this
142-chapter.
143-Sec. 3. As used in this chapter, "municipality" means a city or
144-town.
145-Sec. 4. As used in this chapter, "refreshment area" means an
146-outdoor area that a municipality designates as a refreshment area
147-as provided in this chapter.
148-Sec. 5. As used in this chapter, "vendor" means a person issued
149-a temporary vendor designation under section 10 of this chapter
150-and either:
151-(1) a temporary beer or wine permit; or
152-(2) a supplemental catering permit.
153-Sec. 6. If a municipality designates a refreshment area under
154-this chapter, a person may:
155-(1) exit the licensed premises of a designated permittee or
156-vendor with not more than two (2) open containers of an
157-alcoholic beverage at a time; and
158-(2) consume the alcoholic beverage within the refreshment
159-area.
160-Sec. 7. (a) A designated refreshment area is subject to
161-IC 7.1-3-21-11.
162-(b) A municipality may not establish more than seven (7)
163-refreshment areas.
164-(c) A municipality shall designate at least one (1) designated
165-permittee for each refreshment area.
166-SEA 20 — CC 1 5
167-Sec. 8. (a) To designate one (1) or more refreshment areas, the
168-municipal legislative body must adopt an ordinance that includes
169-at least the following:
170-(1) A map of the refreshment area in sufficient detail to
171-identify the refreshment area's boundaries.
172-(2) The boundaries of the refreshment area, by street
173-addresses.
174-(3) The locations of the proposed designated permittees and
175-vendors within the refreshment area.
176-(4) A statement that the refreshment area is consistent with
177-the municipality's zoning ordinance.
178-(5) The number, spacing, and type of signage designating the
179-refreshment area.
180-(6) The dates and the hours of operation for the refreshment
181-area, which may not violate IC 7.1-3-1-14.
182-(b) The ordinance may include any other provisions regarding
183-the operation of the refreshment area, including:
184-(1) the posting of signs by retailer permittees and other
1508+(3) is designated by the commission under section 8 of this
1509+chapter.".
1510+Page 4, between lines 41 and 42, begin a new paragraph and insert:
1511+"(1) the posting of signs by retailer permittees and other
1851512 businesses within the refreshment area that indicate whether
1861513 the retailer permittee or business is participating in the
1871514 refreshment area and whether an individual may enter with
188-an open container;
189-(2) requiring designated permittees and vendors to use only
190-nonbreakable plastic bottles, plastic cups, or paper cups for
191-alcoholic beverages consumed in the refreshment area;
192-(3) requiring bottles or cups to be affixed with a logo that
193-identifies the container for use only in the refreshment area;
194-(4) providing a public safety plan for the refreshment area; or
195-(5) providing a sanitation plan for the refreshment area.
196-Sec. 9. (a) The municipality shall submit the following to the
1515+an open container;".
1516+ES 20—LS 6187/DI 87 35
1517+Page 4, line 42, delete "(1)" and insert "(2)".
1518+Page 5, line 3, delete "(2)" and insert "(3)".
1519+Page 5, line 5, delete "(3)" and insert "(4)".
1520+Page 5, line 8, delete "(4)" and insert "(5)".
1521+Page 5, line 9, delete "(5)" and insert "(6)".
1522+Page 5, delete lines 10 through 21, begin a new paragraph and
1523+insert:
1524+"Sec. 8. (a) The municipality shall submit the following to the
1971525 commission:
1981526 (1) The application for approval of the refreshment area.
1991527 (2) The completed applications received by the municipality
2001528 from retailer permittees to participate in the refreshment
2011529 area as designated permittees.
202-(3) The ordinance adopted by the municipality under section
203-8 of this chapter. The commission shall review the ordinance
1530+(2) The ordinance adopted by the municipality under section
1531+7 of this chapter. The commission shall review the ordinance
2041532 for compliance with this chapter.
2051533 (b) If the ordinance is approved, the commission shall issue a
2061534 refreshment area designation to each retailer permittee whose
2071535 application was submitted by the municipality and approved by the
2081536 commission. The commission may approve a refreshment area and
209-SEA 20 — CC 1 6
2101537 issue refreshment area designations to retailer permittees without
2111538 publication of notice or investigation before a local board. The
2121539 commission may not charge a fee for designating a retailer
213-permittee.
214-(c) Designated permittees and vendors shall comply with the
215-applicable public health and safety requirements established by
216-ordinance for the refreshment area.
217-Sec. 10. (a) Except as provided in subsection (b), a person who
218-is not a designated permittee for the area must obtain a permit
219-described in section 5 of this chapter and a temporary vendor
220-designation to participate in an event or festival held within a
221-refreshment area. The commission may only charge a fee for the
222-temporary beer or wine permit. The commission may issue the
223-permit and designation without publication of notice or
224-investigation before a local board.
225-(b) A craft manufacturer may participate in an event or festival
226-held within a refreshment area as provided in the craft
227-manufacturer's scope of permit.
228-Sec. 11. A municipal legislative body may adopt an ordinance
229-dissolving a refreshment area at any time. The municipal
230-legislative body shall notify the chair of the commission that the
231-refreshment area is dissolved. Upon receipt of the notice, the
232-commission shall revoke all refreshment area designations issued
233-within the dissolved refreshment area.
234-Sec. 12. A designated permittee or vendor within the
235-refreshment area may allow a person to exit the designated
236-permittee's or vendor's licensed premises with not more than two
237-(2) open containers of an alcoholic beverage at a time. The contents
238-of an open container may not exceed the following:
239-(1) Beer or flavored malt beverage of not more than sixteen
240-(16) ounces.
241-(2) Wine, cider, or hard seltzer of not more than twelve (12)
242-ounces.
243-(3) A mixed drink of not more than ten (10) ounces containing
244-not more than two (2) ounces of liquor.
245-Sec. 13. A person may consume an alcoholic beverage purchased
246-from a designated permittee or vendor anywhere within the
247-refreshment area boundaries, subject to the right of any retailer
248-permittee or business within the refreshment area to refuse to
249-allow individuals to enter the licensed premises or business with an
250-alcoholic beverage.
251-Sec. 14. A person may not consume an alcoholic beverage within
252-SEA 20 — CC 1 7
253-a refreshment area that was purchased outside of the refreshment
254-area.
255-Sec. 15. If a designated permittee in a refreshment area includes
256-outdoor dining:
257-(1) the designated permittee may serve alcoholic beverages in
258-open containers during the hours of operation and in the
259-areas authorized by the retailer permit;
260-(2) glass containers may be allowed in the outdoor dining
261-areas but may not be removed from those areas into the
262-refreshment area; and
263-(3) no fencing or other enclosure of the outdoor dining area is
264-required.
1540+permittee.".
1541+Page 6, delete lines 4 through 12, begin a new line block indented
1542+and insert:
1543+"(3) A mixed drink of not more than eight (8) ounces
1544+containing not more than two (2) ounces of liquor.".
1545+Page 7, between lines 5 and 6, begin a new paragraph and insert:
1546+"Sec. 16. In accordance with IC 7.1-2-3-3, the commission shall
1547+prescribe the form for a retailer permittee to apply for approval
1548+from the commission as a designated permittee.".
1549+(Reference is to SB 20 as printed February 3, 2023.)
1550+YOUNG M
1551+ES 20—LS 6187/DI 87 36
1552+SENATE MOTION
1553+Madam President: I move that Senate Bill 20 be amended to read as
1554+follows:
1555+Page 5, delete lines 5 through 7.
1556+Page 5, line 8, delete "(4)" and insert "(3)".
1557+Page 5, line 9, delete "(5)" and insert "(4)".
1558+Page 6, delete lines 21 through 33.
1559+Page 6, line 34, delete "14." and insert "13.".
1560+Page 6, line 37, delete "15." and insert "14.".
1561+Page 9, delete lines 7 through 18.
1562+Page 9, delete lines 33 through 36.
1563+Renumber all SECTIONS consecutively.
1564+(Reference is to SB 20 as printed February 3, 2023.)
1565+PERFECT
1566+_____
1567+COMMITTEE REPORT
1568+Mr. Speaker: Your Committee on Public Policy, to which was
1569+referred Senate Bill 20, has had the same under consideration and begs
1570+leave to report the same back to the House with the recommendation
1571+that said bill be amended as follows:
1572+Page 1, between the enacting clause and line 1, begin a new
1573+paragraph and insert:
1574+"SECTION 1. IC 7.1-1-3-16.5, AS AMENDED BY P.L.194-2021,
1575+SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1576+JULY 1, 2023]: Sec. 16.5. The term "entertainment complex" means a
1577+premises that complies with one (1) or more of the following
1578+requirements:
1579+(1) The premises:
1580+(A) is a site for the performance of musical, theatrical, or other
1581+entertainment; and
1582+(B) includes an area where at least six hundred (600)
1583+individuals may be seated at one (1) time in permanent
1584+seating.
1585+(2) The premises:
1586+(A) is located entirely within a four (4) mile radius of the
1587+center of a consolidated city;
1588+(B) is used by a nonprofit organization primarily as a fine arts
1589+theater or for the professional performance of musical or
1590+ES 20—LS 6187/DI 87 37
1591+theatrical entertainment; and
1592+(C) has audience:
1593+(i) seating in one (1) or more performance spaces for at least
1594+two hundred (200) individuals; or
1595+(ii) capacity of at least two hundred (200) individuals and
1596+has artist housing on the premises.
1597+SECTION 2. IC 7.1-1-3-26.2 IS ADDED TO THE INDIANA
1598+CODE AS A NEW SECTION TO READ AS FOLLOWS
1599+[EFFECTIVE JULY 1, 2023]: Sec. 26.2. "Mixed beverage" means a
1600+prepared cordial, cocktail, or highball that is in a can or container
1601+and is a mixture of:
1602+(1) whiskey, neutral spirits, brandy, gin, or another distilled
1603+spirit; and
1604+(2) carbonated or plain water, pure juice from a flower or
1605+plant, or other flavoring materials;
1606+that is suitable for immediate consumption and contains not less
1607+than five-tenths percent (0.5%) of alcohol by volume and not more
1608+than twenty-one percent (21%) of alcohol by volume.
1609+SECTION 3. IC 7.1-3-1-1.5, AS ADDED BY P.L.270-2017,
1610+SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1611+JULY 1, 2023]: Sec. 1.5. (a) It is the intent of the general assembly,
1612+consistent with the character of the business test described in section
1613+19 of this chapter, that a grocery store, convenience store, or drug store
1614+should not be given the privilege of selling cold iced or cooled:
1615+(1) beer;
1616+(2) liquor; or
1617+(3) mixed beverages;
1618+for carryout.
1619+(b) It is the intent of the general assembly, consistent with the
1620+character of the business test described in section 19 of this chapter,
1621+that a restaurant located within a grocery store, convenience store, or
1622+drug store should not be given the privilege of selling alcoholic
1623+beverages for carryout.
1624+(c) The commission shall apply the intent of the general assembly,
1625+when considering the character of an applicant's business, as described
1626+in section 19 of this chapter.
1627+SECTION 4. IC 7.1-3-5-3, AS AMENDED BY P.L.194-2021,
1628+SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1629+JULY 1, 2023]: Sec. 3. (a) The holder of a beer dealer's permit shall be
1630+entitled to purchase beer for sale under the permit only from a
1631+permittee entitled to sell to a beer dealer under this title.
1632+(b) A beer dealer shall be entitled to possess beer and sell it at retail
1633+ES 20—LS 6187/DI 87 38
1634+to a customer in permissible containers only.
1635+(c) A beer dealer may not sell beer by the drink nor for consumption
1636+on the licensed premises nor shall a beer dealer allow it to be consumed
1637+on the licensed premises.
1638+(d) Except as provided in subsection (e), a beer dealer shall be
1639+entitled to sell beer to a customer and deliver it in permissible
1640+containers to the customer on the licensed premises, or to the
1641+customer's residence or office. Except as provided in section 3.5 of
1642+this chapter, a beer dealer shall not be entitled to sell and deliver beer
1643+on the street or at the curb outside the licensed premises, nor shall a
1644+beer dealer be entitled to sell beer at a place other than the licensed
1645+premises. A beer dealer shall not be entitled to sell beer and deliver
1646+beer for carry-out, or for delivery to a customer's residence or office, in
1647+a quantity that exceeds eight hundred sixty-four (864) ounces in a
1648+single transaction. This delivery may only be performed by the permit
1649+holder or an employee who holds an employee permit. However,
1650+notwithstanding IC 7.1-5-10-11, a beer dealer who is licensed pursuant
1651+to under IC 7.1-3-10-4 shall be entitled to sell and deliver warm, or
1652+cold iced, or cooled beer for carry-out, or for delivery to a customer's
1653+residence, office, or a designated location in barrels or other
1654+commercial containers that do not exceed two thousand sixteen (2,016)
1655+ounces per container. The permit holder shall maintain a written record
1656+of each delivery for at least one (1) year that shows the customer's
1657+name, location of delivery, and quantity sold.
1658+(e) Unless a beer dealer is a grocery store or drug store, a beer
1659+dealer may not sell or deliver alcoholic beverages or any other item
1660+through a window in the licensed premises to a patron who is outside
1661+the licensed premises. A beer dealer that is a grocery store or drug store
1662+may sell any item except alcoholic beverages through a window in the
1663+licensed premises to a patron who is outside the licensed premises.
1664+SECTION 5. IC 7.1-3-5-3.5 IS ADDED TO THE INDIANA CODE
1665+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1666+1, 2023]: Sec. 3.5. (a) This section applies only to a beer dealer who:
1667+(1) is the proprietor of a drug store; and
1668+(2) holds a license issued by the Indiana board of pharmacy.
1669+(b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
1670+beer dealer described in subsection (a) may include the beer
1671+dealer's parking lot or an area adjacent to the beer dealer's
1672+premises that may be used for the purpose of conveying alcoholic
1673+beverages if the beer dealer:
1674+(1) requires a customer to provide a valid government issued
1675+identification at the time of pickup;
1676+ES 20—LS 6187/DI 87 39
1677+(2) prohibits the use of curbside delivery or pickup service by
1678+an intoxicated person or a person less than twenty-one (21)
1679+years of age; and
1680+(3) requires the employee delivering containers of beer to a
1681+customer's vehicle to be at least nineteen (19) years of age.
1682+(c) A beer dealer may not convey beer under subsection (b):
1683+(1) if the container of beer is open; or
1684+(2) through a drive-through window.
1685+SECTION 6. IC 7.1-3-10-7, AS AMENDED BY P.L.194-2021,
1686+SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1687+JULY 1, 2023]: Sec. 7. (a) The holder of a liquor dealer's permit shall
1688+be entitled to purchase liquor only from a permittee entitled to sell to
1689+a liquor dealer under this title.
1690+(b) A liquor dealer shall be entitled to possess liquor and sell it at
1691+retail in its original package to a customer only for consumption off the
1692+licensed premises. However, only a liquor dealer who is licensed
1693+under section 4 of this chapter shall also be entitled to sell iced or
1694+cooled liquor or mixed beverages to a customer.
1695+(c) A liquor dealer may deliver liquor only in permissible containers
1696+to a customer's residence or office in a quantity that does not exceed
1697+twelve (12) quarts at any one (1) time. This delivery may only be
1698+performed by the permit holder or an employee who holds an employee
1699+permit. However, a liquor dealer who is licensed under IC 7.1-3-10-4
1700+section 4 of this chapter may deliver liquor in permissible containers
1701+to a customer's residence, office, or designated location. The permit
1702+holder shall maintain a written record of each delivery for at least one
1703+(1) year that shows the customer's name, location of delivery, and
1704+quantity sold.
1705+(d) A liquor dealer may not sell or deliver alcoholic beverages or
1706+any other item through a window in the licensed premises to a patron
1707+who is outside the licensed premises. However, a liquor dealer that is
1708+a drug store may sell prescription drugs and health and beauty aids
1709+through a window in the licensed premises to a patron who is outside
1710+the licensed premises.
1711+SECTION 7. IC 7.1-3-10-7.5 IS ADDED TO THE INDIANA
1712+CODE AS A NEW SECTION TO READ AS FOLLOWS
1713+[EFFECTIVE JULY 1, 2023]: Sec. 7.5. (a) This section applies only
1714+to a liquor dealer who:
1715+(1) is the proprietor of a drug store; and
1716+(2) holds a license issued by the Indiana board of pharmacy.
1717+(b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
1718+liquor dealer described in subsection (a) may include the liquor
1719+ES 20—LS 6187/DI 87 40
1720+dealer's parking lot or an area adjacent to the liquor dealer's
1721+premises that may be used for the purpose of conveying liquor or
1722+mixed beverages if the liquor dealer:
1723+(1) requires a customer to provide a valid government issued
1724+identification at the time of pickup;
1725+(2) prohibits the use of curbside delivery or pickup service by
1726+an intoxicated person or a person less than twenty-one (21)
1727+years of age; and
1728+(3) requires the employee delivering containers of liquor or
1729+mixed beverages to a customer's vehicle to be at least nineteen
1730+(19) years of age.
1731+(c) A liquor dealer may not convey liquor or mixed beverages
1732+under subsection (b):
1733+(1) if the container of liquor or mixed beverages is open; or
1734+(2) through a drive-through window.
1735+SECTION 8. IC 7.1-3-15-3 IS AMENDED TO READ AS
1736+FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The holder of a
1737+wine dealer's permit shall be entitled to purchase wine only from a
1738+permittee who is authorized to sell to a wine dealer under this title. A
1739+wine dealer shall be entitled to sell wine for consumption off the
1740+licensed premises only and not by the drink.
1741+(b) A wine dealer shall be entitled to sell wine in permissible
1742+containers in a quantity of not more than three (3) standard cases, as
1743+determined under the rules of the commission, in a single transaction.
1744+However, a wine dealer who is licensed under IC 7.1-3-10-4 may
1745+possess wine and sell it at retail in its original package to a customer
1746+only for consumption off the licensed premises.
1747+(c) A wine dealer may deliver wine only in a permissible
1748+container to a customer's residence or office. A wine delivery may
1749+only be performed by the permit holder or an employee who holds
1750+an employee permit. However, a wine dealer who is licensed under
1751+IC 7.1-3-10-4 may deliver wine in permissible containers to a
1752+customer's residence, office, or designated location. The permit
1753+holder shall maintain a written record of each delivery for at least
1754+one (1) year that shows the customer's name, location of delivery,
1755+and quantity sold.
1756+(c) (d) Unless a wine dealer is a grocery store or drug store, a wine
1757+dealer may not sell or deliver alcoholic beverages or any other item
1758+through a window in the licensed premises to a patron who is outside
1759+the licensed premises. A wine dealer that is a grocery store or drug
1760+store may sell any item except alcoholic beverages through a window
1761+in the licensed premises to a person who is outside the licensed
1762+ES 20—LS 6187/DI 87 41
1763+premises.
1764+(d) However, a wine dealer who is licensed under IC 7.1-3-10-4 may
1765+deliver wine only in permissible containers to a customer's residence,
1766+office, or designated location. This delivery may only be performed by
1767+the permit holder or an employee who holds an employee permit. The
1768+permit holder shall maintain a written record of each delivery for at
1769+least one (1) year that shows the customer's name, location of delivery,
1770+and quantity sold.
1771+SECTION 9. IC 7.1-3-15-3.5 IS ADDED TO THE INDIANA
1772+CODE AS A NEW SECTION TO READ AS FOLLOWS
1773+[EFFECTIVE JULY 1, 2023]: Sec. 3.5. (a) This section applies only
1774+to a wine dealer who:
1775+(1) is the proprietor of a drug store; and
1776+(2) holds a license issued by the Indiana board of pharmacy.
1777+(b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
1778+wine dealer described in subsection (a) may include a wine dealer's
1779+parking lot or an area adjacent to the wine dealer's premises that
1780+may be used for the purpose of conveying wine if the wine dealer:
1781+(1) requires a customer to provide a valid government issued
1782+identification at the time of pickup;
1783+(2) prohibits the use of curbside delivery or pickup service by
1784+an intoxicated person or a person less than twenty-one (21)
1785+years of age; and
1786+(3) requires the employee delivering containers of wine to a
1787+customer's vehicle to be at least nineteen (19) years of age.
1788+(c) A wine dealer may not convey wine under subsection (b):
1789+(1) if the container of wine is open; or
1790+(2) through a drive-through window.
1791+SECTION 10. IC 7.1-3-18-9, AS AMENDED BY P.L.196-2015,
1792+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1793+JULY 1, 2023]: Sec. 9. (a) The commission may issue an employee's
1794+permit to a person who desires to act as:
1795+(1) a clerk in a package liquor store;
1796+(2) an employee who serves wine at a farm winery; or
1797+(3) a bartender, waiter, waitress, or manager in a retail
1798+establishment, excepting dining car and boat employees; or
1799+(4) an employee of a dealer licensed under IC 7.1-3-5-3,
1800+IC 7.1-3-10-7, or IC 7.1-3-15-3 to deliver beer, wine, or liquor.
1801+(b) A permit authorized by this section is conditioned upon the
1802+compliance by the holder with reasonable rules relating to the permit
1803+which the commission may prescribe from time to time.
1804+(c) A permit issued under this section entitles its holder to work for
1805+ES 20—LS 6187/DI 87 42
1806+any lawful employer. However, a person may work without an
1807+employee's permit for thirty (30) days from the date shown on a receipt
1808+for a cashier's check or money order payable to the commission for that
1809+person's employee's permit application.
1810+(d) A person who, for a package liquor store or retail establishment,
1811+is:
1812+(1) the sole proprietor;
1813+(2) a partner, a general partner, or a limited partner in a
1814+partnership or limited partnership that owns the business
1815+establishment;
1816+(3) a member of a limited liability company that owns the
1817+business establishment; or
1818+(4) a stockholder in a corporation that owns the business
1819+establishment;
1820+is not required to obtain an employee's permit in order to perform any
1821+of the acts listed in subsection (a).
1822+(e) An applicant may declare on the application form that the
1823+applicant will use the employee's permit only to perform volunteer
1824+service that benefits a nonprofit organization. It is unlawful for an
1825+applicant who makes a declaration under this subsection to use an
1826+employee's permit for any purpose other than to perform volunteer
1827+service that benefits a nonprofit organization.
1828+(f) The commission may not issue an employee's permit to an
1829+applicant while the applicant is serving a sentence for a conviction for
1830+operating while intoxicated, including any term of probation or parole.
1831+(g) The commission may not issue an employee's permit to an
1832+applicant who has two (2) unrelated convictions for operating while
1833+intoxicated if:
1834+(1) the first conviction occurred less than ten (10) years before the
1835+date of the applicant's application for the permit; and
1836+(2) the applicant completed the sentence for the second
1837+conviction, including any term of probation or parole, less than
1838+two (2) years before the date of the applicant's application for the
1839+permit.
1840+(h) If an applicant for an employee's permit has at least three (3)
1841+unrelated convictions for operating while intoxicated in the ten (10)
1842+years immediately preceding the date of the applicant's application for
1843+the permit, the commission may not grant the issuance of the permit.
1844+If, in the ten (10) years immediately preceding the date of the
1845+applicant's application the applicant has:
1846+(1) one (1) conviction for operating while intoxicated, and the
1847+applicant is not subject to subsection (f); or
1848+ES 20—LS 6187/DI 87 43
1849+(2) two (2) unrelated convictions for operating while intoxicated,
1850+and the applicant is not subject to subsection (f) or (g);
1851+the commission may grant or deny the issuance of a permit.
1852+(i) Except as provided under section 9.5 of this chapter, the
1853+commission shall revoke a permit issued to an employee under this
1854+section if:
1855+(1) the employee is convicted of a Class B misdemeanor for
1856+violating IC 7.1-5-10-15(a); or
1857+(2) the employee is convicted of operating while intoxicated after
1858+the issuance of the permit.
1859+The commission may revoke a permit issued to an employee under this
1860+section for any violation of this title or the rules adopted by the
1861+commission.
1862+SECTION 11. IC 7.1-3-18.5-9, AS AMENDED BY P.L.49-2020,
1863+SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1864+JULY 1, 2023]: Sec. 9. A certificate holder shall exercise due diligence
1865+in the supervision and training of the certificate holder's employees or
1866+agents in the handling and sale of tobacco products and electronic
1867+cigarettes on the holder's retail premises. Proof that employees or
1868+agents of the certificate holder, while in the scope of their employment,
1869+committed at least six (6) violations relating to IC 35-46-1-10.2(b)
1870+IC 35-46-1-10.2(c) in any one (1) year period shall be prima facie
1871+evidence of a lack of due diligence by the certificate holder in the
1872+supervision and training of the certificate holder's employees or
1873+agents.".
1874+Page 3, between lines 27 and 28, begin a new paragraph and insert:
1875+"Sec. 1. As used in this chapter, "craft manufacturer" means a
1876+person who holds:
1877+(1) a small brewery permit under IC 7.1-3-2-7(5);
1878+(2) a farm winery permit under IC 7.1-3-12; or
1879+(3) an artisan distiller's permit under IC 7.1-3-27.".
1880+Page 3, line 28, delete "1." and insert "2.".
1881+Page 3, line 34, delete "8" and insert "9".
1882+Page 3, line 36, delete "2." and insert "3.".
1883+Page 3, line 38, delete "3." and insert "4.".
1884+Page 3, line 41, delete "4." and insert "5.".
1885+Page 3, line 42, delete "a temporary beer or wine permit and".
1886+Page 4, line 1, delete "9" and insert "10".
1887+Page 4, line 1, delete "chapter." and insert "chapter and either:
1888+(1) a temporary beer or wine permit; or
1889+(2) a supplemental catering permit.".
1890+Page 4, line 2, delete "5." and insert "6.".
1891+ES 20—LS 6187/DI 87 44
1892+Page 4, line 9, delete "6." and insert "7. (a)".
1893+Page 4, line 9, after "designate" insert "that".
1894+Page 4, line 9, after "area" insert "is".
1895+Page 4, line 10, delete "the following:" and insert "IC 7.1-3-21-11.
1896+(b) A municipality may not establish more than seven (7)
1897+refreshment areas.
1898+(c) A municipality shall designate at least one (1) designated
1899+permittee for each refreshment area.".
1900+Page 4, delete lines 11 through 27.
1901+Page 4, line 28, delete "7." and insert "8.".
1902+Page 4, line 28, delete "a refreshment area," and insert "one (1) or
1903+more refreshment areas,".
1904+Page 4, line 41, delete "The hours" and insert "The dates and the
1905+hours".
1906+Page 5, line 15, delete "8." and insert "9.".
1907+Page 5, line 21, delete "(2)" and insert "(3)".
1908+Page 5, line 22, delete "7" and insert "8".
1909+Page 5, line 35, delete "9. A" and insert "10. (a) Except as provided
1910+in subsection (b), a".
1911+Page 5, line 35, delete "must obtain a temporary beer or wine
1912+permit" and insert "who is not a designated permittee for the area
1913+must obtain a permit described in section 5 of this chapter".
1914+Page 5, between lines 40 and 41, begin a new paragraph and insert:
1915+"(b) A craft manufacturer may participate in an event or
1916+festival held within a refreshment area as provided in the craft
1917+manufacturer's scope of permit.".
1918+Page 5, line 41, delete "10." and insert "11.".
1919+Page 6, line 5, delete "11." and insert "12.".
1920+Page 6, line 14, delete "eight (8)" and insert "ten (10)".
1921+Page 6, line 16, delete "12." and insert "13.".
1922+Page 6, line 24, delete "13." and insert "14.".
1923+Page 6, line 27, delete "14." and insert "15.".
1924+Page 6, line 36, delete "other than the fencing or enclosure required
1925+for the" and insert ".
2651926 Sec. 16. A sign must be posted at each exit of a designated
2661927 permittee and on the licensed premises of a vendor that informs the
2671928 public of the following:
2681929 (1) Any open alcoholic beverage containers purchased within
2691930 the refreshment area must remain within the refreshment
2701931 area.
2711932 (2) Possessing an open container of alcoholic beverages in a
2721933 motor vehicle may constitute a Class C infraction under
1934+ES 20—LS 6187/DI 87 45
2731935 IC 9-30-15.
2741936 (3) The dates the refreshment area will be open if the
275-refreshment area has date restrictions.
276-Sec. 17. In accordance with IC 7.1-2-3-3, the commission shall
277-prescribe the form for a retailer permittee to apply for approval
278-from the commission as a designated permittee.
279-SECTION 5. IC 7.1-5-7-11, AS AMENDED BY P.L.105-2022,
1937+refreshment area has date restrictions.".
1938+Page 6, delete line 37.
1939+Page 6, line 38, delete "15." and insert "17.".
1940+Page 9, line 3, delete "IC 7.1-3-31-1." and insert "IC 7.1-3-31-2.".
1941+Page 9, line 5, delete "IC 7.1-3-31-4." and insert "IC 7.1-3-31-5.".
1942+Page 9, line 6, delete "knowingly or".
1943+Page 9, line 10, delete "IC 7.1-3-31-11;" and insert "IC
1944+7.1-3-31-12;".
1945+Page 9, line 13, delete "misdemeanor." and insert "infraction.".
1946+Page 9, delete lines 14 through 17, begin a new paragraph and
1947+insert:
1948+"SECTION 16. IC 7.1-5-10-11, AS AMENDED BY P.L.159-2014,
1949+SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1950+JULY 1, 2023]: Sec. 11. (a) This section does not apply to the holder
1951+of a liquor dealer's permit licensed under IC 7.1-3-10-4.
1952+(a) (b) It is unlawful for the holder of a beer dealer's permit to offer
1953+or display for sale, or sell, barter, exchange or give away a bottle, can,
1954+container, or package of:
1955+(1) beer;
1956+(2) liquor; or
1957+(3) mixed beverages;
1958+that was iced or cooled by the permittee before or at the time of the
1959+sale, exchange, or gift.
1960+(b) (c) A person who knowingly or intentionally violates this section
1961+commits a Class B misdemeanor.
1962+SECTION 18. IC 15-15-13-6.5, AS ADDED BY P.L.190-2019,
1963+SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1964+JULY 1, 2023]: Sec. 6.5. As used in this chapter, "hemp product"
1965+means a product derived from, or made by, processing hemp plants or
1966+plant parts including derivatives, extracts, cannabinoids, isomers, acids,
1967+salts, and salts of isomers. However, the term does not include
1968+(1) smokable hemp (as defined by IC 35-48-1-26.6); or
1969+(2) products that contain a total delta-9-tetrahydrocannabinol
1970+concentration of more than three-tenths of one percent (0.3%) by
1971+weight.
1972+SECTION 19. IC 15-15-13-13, AS AMENDED BY P.L.190-2019,
1973+SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1974+JULY 1, 2023]: Sec. 13. (a) Subject to section 13.5 of this chapter, in
1975+addition to any other liability or penalty provided by law, the state seed
1976+commissioner may revoke or refuse to issue or renew a hemp license
1977+ES 20—LS 6187/DI 87 46
1978+or an agricultural hemp seed production license and may impose a civil
1979+penalty for a violation of:
1980+(1) a license requirement;
1981+(2) license terms or conditions; or
1982+(3) a rule relating to growing or handling hemp. or
1983+(4) section 19 of this chapter.
1984+(b) The state seed commissioner may not impose a civil penalty
1985+under this section that exceeds two thousand five hundred dollars
1986+($2,500).
1987+(c) The state seed commissioner may revoke or refuse to issue or
1988+renew a hemp license or an agricultural hemp seed production license
1989+for a violation of any rule of the state seed commissioner that pertains
1990+to agricultural operations or activities other than hemp growing or
1991+handling.
1992+(d) Any civil penalties collected under this section shall be
1993+transferred to the Indiana state department of agriculture and used for
1994+hemp marketing and research purposes.
1995+(e) In addition to payment of any civil penalty imposed under this
1996+section, a person who commits a violation described in subsection (a)
1997+shall reimburse the state seed commissioner for any costs incurred by
1998+the state seed commissioner for laboratory testing of material
1999+pertaining to the violation.
2000+SECTION 20. IC 15-15-13-19 IS REPEALED [EFFECTIVE JULY
2001+1, 2023]. Sec. 19. (a) Hemp bud (as defined in IC 35-48-1-17.2) and
2002+hemp flower (as defined in IC 35-48-1-17.3) may be sold only to a
2003+processor licensed under this chapter.
2004+(b) The state seed commissioner may impose a civil penalty under
2005+section 13 of this chapter for a violation of subsection (a).
2006+SECTION 21. IC 15-15-13-20, AS ADDED BY P.L.190-2019,
2007+SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2008+JULY 1, 2023]: Sec. 20. (a) A person who knowingly or intentionally
2009+violates:
2010+(1) a term, condition, or requirement of a license issued; or
2011+(2) a rule adopted;
2012+under this chapter is subject to a civil penalty, determined by the state
2013+seed commissioner, not to exceed ten thousand dollars ($10,000) per
2014+violation. The state seed commissioner may also revoke the license of
2015+a person who violates this subsection.
2016+(b) A person who knowingly or intentionally:
2017+(1) grows hemp;
2018+(2) handles hemp; or
2019+(3) sells agricultural hemp seed;
2020+ES 20—LS 6187/DI 87 47
2021+not including smokable hemp (as defined by IC 35-48-1-26.6), and is
2022+not licensed under this chapter commits a Class A misdemeanor.
2023+SECTION 22. IC 16-42-2-2 IS AMENDED TO READ AS
2024+FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A food is
2025+considered adulterated under any of the following conditions:
2026+(1) If the food bears or contains any poisonous or deleterious
2027+substance that may make the food injurious to health. However,
2028+if the substance is not an added substance, the food is not to be
2029+considered adulterated under this subdivision if the quantity of the
2030+substance in the food does not ordinarily make the food injurious
2031+to health.
2032+(2) If:
2033+(A) the food bears or contains any added poison or added
2034+deleterious substance (other than a poison or a deleterious
2035+substance that is a pesticide chemical in or on a raw
2036+agricultural commodity, a food additive, or a color additive)
2037+that is unsafe within the meaning of section 5 of this chapter;
2038+(B) the food is a raw agricultural commodity and the food
2039+bears or contains a pesticide chemical that is unsafe under
2040+section 5 of this chapter; or
2041+(C) the food is or contains a food additive that is unsafe under
2042+section 5 of this chapter.
2043+However, when a pesticide chemical is used in or on a raw
2044+agricultural commodity in conformity with an exemption granted
2045+or tolerance prescribed under section 5 of this chapter and the raw
2046+agricultural commodity has been subjected to processing such as
2047+canning, cooking, freezing, dehydrating, or milling, the residue of
2048+the pesticide chemical remaining in or on the processed food,
2049+notwithstanding section 5 of this chapter and clause (C) is not
2050+considered unsafe if the residue in or on the raw agricultural
2051+commodity has been removed to the extent possible in good
2052+manufacturing practice, and the concentration of the residues in
2053+the processed food, when ready to eat, is not greater than the
2054+tolerance prescribed for the raw agricultural commodity.
2055+(3) If the food consists in whole or in part of a diseased,
2056+contaminated, filthy, putrid, or decomposed substance or if the
2057+food is otherwise unfit for food.
2058+(4) If the food has been produced, transported, handled, prepared,
2059+packed, or held under unsanitary conditions or in unsanitary
2060+containers as the result of which the food may have become
2061+contaminated with filth or made diseased, unwholesome, or
2062+injurious to health.
2063+ES 20—LS 6187/DI 87 48
2064+(5) If the food is, in whole or in part, the product of:
2065+(A) a diseased animal;
2066+(B) an animal that has died otherwise than by slaughter; or
2067+(C) an animal that has been fed upon the uncooked offal from
2068+a slaughterhouse.
2069+(6) If the food's container is composed in whole or in part of any
2070+poisonous or deleterious substance that may make the contents
2071+injurious to health.
2072+(7) If the food has been intentionally subjected to radiation, unless
2073+the use of the radiation was in conformity with a rule or an
2074+exemption in effect under section 5 of this chapter.
2075+(8) If any valuable constituent has been in whole or in part
2076+omitted or abstracted from the food.
2077+(9) If any substance has been substituted wholly or in part.
2078+(10) If damage or inferiority has been concealed in any manner.
2079+(11) If any substance has been added to the food or mixed or
2080+packed with the food to:
2081+(A) increase the food's bulk or weight;
2082+(B) reduce the food's quality or strength;
2083+(C) make the food appear better or of greater value than the
2084+food is; or
2085+(D) create a deceptive appearance.
2086+(12) If the food bears or contains a coal-tar color other than one
2087+from a batch that has been certified by the federal Food and Drug
2088+Administrator, as provided by regulations promulgated under
2089+authority of the Federal Act.
2090+(13) If the food is a confectionery and has partially or completely
2091+imbedded embedded in the food any nonnutritive object.
2092+However, this subdivision does not apply in the case of any
2093+nonnutritive object if, in the judgment of the state department as
2094+provided by rules, the nonnutritive object is of practical,
2095+functional value to the confectionery product and would not make
2096+the product injurious or hazardous to health.
2097+(14) If the food is a confectionery and bears or contains any
2098+alcohol other than alcohol not in excess of one-half of one percent
2099+(0.5%) by volume derived solely from the use of flavoring
2100+extracts.
2101+(15) If the food is a confectionery and bears or contains any
2102+nonnutritive substance. However, this subdivision does not apply
2103+to a safe, nonnutritive substance if:
2104+(A) the nonnutritive substance is in or on a confectionery for
2105+a practical, functional purpose in the manufacture, packaging,
2106+ES 20—LS 6187/DI 87 49
2107+or storing of the confectionery; and
2108+(B) the use of the substance does not promote deception of the
2109+consumer or otherwise result in adulteration or misbranding in
2110+violation of any provision of IC 16-42-1 through IC 16-42-4.
2111+In addition, the state department may, for the purpose of
2112+avoiding or resolving uncertainty as to the application of this
2113+subdivision, adopt rules allowing or prohibiting the use of
2114+particular nonnutritive substances.
2115+(16) If the food falls below the standard of purity, quality, or
2116+strength that the food purports or is represented to possess.
2117+(17) If the food is or bears or contains any color additive that is
2118+unsafe under section 5 of this chapter.
2119+(b) Subsection (a)(8) and (a)(9) do not prohibit:
2120+(1) the removal of butterfat from; or
2121+(2) the addition of skim milk to;
2122+dairy products that comply with the definitions and standards for dairy
2123+products adopted by the state department.
2124+(c) A food is not considered adulterated for containing low THC
2125+hemp extract (as defined in IC 35-48-1-17.5) or craft hemp flower
2126+(as defined in IC 35-31.5-2-68.8).
2127+SECTION 23. IC 24-4-21-4, AS ADDED BY P.L.153-2018,
2802128 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
281-JULY 1, 2023]: Sec. 11. (a) The provisions of sections 9 and 10 of this
282-chapter shall not apply if the public place involved is one (1) of the
2129+JULY 1, 2023]: Sec. 4. (a) Except as provided in subsection (b), low
2130+THC hemp extract must be distributed in packaging that contains the
2131+following information:
2132+(1) A scannable bar code or QR code linked to a document that
2133+contains information with respect to the manufacture of the low
2134+THC hemp extract, including the:
2135+(A) batch identification number;
2136+(B) product name;
2137+(C) batch date;
2138+(D) expiration date, which must be not more than two (2) years
2139+from the date of manufacture;
2140+(E) batch size;
2141+(F) total quantity produced;
2142+(G) ingredients used, including the:
2143+(i) ingredient name;
2144+(ii) name of the company that manufactured the ingredient;
2145+(iii) company or product identification number or code, if
2146+applicable; and
2147+(iv) ingredient lot number; and
2148+(H) download link for a certificate of analysis for the low THC
2149+ES 20—LS 6187/DI 87 50
2150+hemp extract.
2151+(2) The batch number.
2152+(3) The Internet address of a web site website to obtain batch
2153+information.
2154+(4) The expiration date.
2155+(5) The number of milligrams of low THC hemp extract.
2156+(6) The manufacturer.
2157+(7) The fact that the product contains not more than three-tenths
2158+percent (0.3%) total delta-9-tetrahydrocannabinol (THC),
2159+including precursors, by weight.
2160+(b) Before July 1, 2018, low THC hemp extract may be distributed
2161+in Indiana without having met the requirements described in subsection
2162+(a).
2163+(b) After June 30, 2023, the packaging of low THC hemp extract
2164+may not:
2165+(1) contain any statement, artwork, or design that could
2166+reasonably mislead any person to believe that the package
2167+contains anything other than low THC hemp extract; or
2168+(2) bear an unauthorized trademark, trade name, famous
2169+mark, or other identifying mark, imprint, or device, or any
2170+likeness thereof.
2171+SECTION 24. IC 24-4-22-3, AS ADDED BY P.L.153-2018,
2172+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2173+JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (b), A
2174+person may sell low THC hemp extract at retail only if the packaging
2175+complies with the requirements of IC 24-4-21-4.
2176+(b) Before July 1, 2018, a person may sell low THC hemp extract at
2177+retail even if the packaging does not comply with the requirements of
2178+IC 24-4-21-4.
2179+(b) Beginning July 1, 2023, low THC hemp extract containing:
2180+(1) Delta-8 THC;
2181+(2) Delta-10 THC;
2182+(3) Hexahydrocannabinol (HHC);
2183+(4) Tetrahydrocannabinol acetate ester (THCo);
2184+(5) Tetrahydrocannabiporol (THCp); or
2185+(6) Tetrahydrocannabivarin (THCv);
2186+may not be distributed, sold, or offered for sale at retail or online
2187+to a person who is less than twenty-one (21) years of age.
2188+(c) Any website owned, managed, or operated by a person who
2189+distributes or sells a product containing:
2190+(1) Delta-8 THC;
2191+(2) Delta-10 THC;
2192+ES 20—LS 6187/DI 87 51
2193+(3) Hexahydrocannabinol (HHC);
2194+(4) Tetrahydrocannabinol acetate ester (THCo);
2195+(5) Tetrahydrocannabiporol (THCp); or
2196+(6) Tetrahydrocannabivarin (THCv);
2197+directly to consumers must verify a consumer's age by either using
2198+a reliable online age verification service, or by obtaining and
2199+examining a copy of a government issued identification, prior to
2200+completing a purchase.
2201+(d) It is a defense to a violation under this section that the
2202+distributor or seller examined the purchaser's or recipient's
2203+driver's license, or other valid government issued identification,
2204+that positively identified the purchaser or recipient as being at least
2205+twenty-one (21) years of age.
2206+SECTION 25. IC 24-4-23.2 IS ADDED TO THE INDIANA CODE
2207+AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2208+JULY 1, 2023]:
2209+Chapter 23.2. Distribution of Craft Hemp Flower
2210+Sec. 1. As used in this chapter, "certificate of analysis" means
2211+a certificate from an independent testing laboratory describing the
2212+results of the laboratory's testing of a sample.
2213+Sec. 2. As used in this chapter, "craft hemp flower" has the
2214+meaning set forth in IC 35-31.5-2-68.8.
2215+Sec. 3. As used in this chapter, "independent testing laboratory"
2216+means a laboratory:
2217+(1) with respect to which no person having a direct or indirect
2218+interest in the laboratory also has a direct or indirect interest
2219+in a facility that:
2220+(A) processes, distributes, or sells craft hemp flower, or a
2221+substantially similar substance in another jurisdiction;
2222+(B) cultivates, processes, distributes, dispenses, or sells
2223+marijuana;
2224+(C) cultivates, processes, or distributes hemp; or
2225+(D) processes, distributes, or sells low THC hemp extract
2226+(as defined in IC 35-48-1-17.5); and
2227+(2) that is accredited as a testing laboratory under
2228+International Organization for Standardization (ISO) 17025
2229+by a third party accrediting body such as the American
2230+Association for Laboratory Accreditation (A2LA) or Assured
2231+Calibration and Laboratory Accreditation Select Services
2232+(ACLASS).
2233+Sec. 4. As used in this chapter, "tamper evident packaging"
2234+means a package having at least one (1) indicator or a barrier to
2235+ES 20—LS 6187/DI 87 52
2236+entry that, if breached or missing, can reasonably be expected to
2237+provide visible evidence to consumers that tampering has occurred.
2238+Sec. 5. (a) Before a person may distribute craft hemp flower, the
2239+distributor must have a certificate of analysis prepared by an
2240+independent testing laboratory showing the following:
2241+(1) That the craft hemp flower is the product of a batch tested
2242+by the independent testing laboratory.
2243+(2) That the independent testing laboratory determined that
2244+the batch contained not more than three-tenths percent
2245+(0.3%) delta-9-tetrahydrocannabinol (THC), including
2246+precursors, by weight, based on the testing of a random
2247+sample of the batch.
2248+(3) That the batch has been tested for and does not exceed the
2249+acceptable levels set forth under section 7 of this chapter for
2250+the following contaminants:
2251+(A) Heavy metals, including cadmium, lead, arsenic, and
2252+mercury.
2253+(B) Pesticides.
2254+(C) Herbicides.
2255+(D) Mycotoxins.
2256+(E) Bacterial toxins.
2257+(F) Chemical solvent residues.
2258+(4) The potency of the craft hemp flower, including the
2259+projected percentage of:
2260+(A) THC;
2261+(B) cannabidiol; and
2262+(C) other cannabinoids in the craft hemp flower;
2263+by weight or volume.
2264+(b) Each batch of craft hemp flower submitted to an
2265+independent testing laboratory under this section must have been
2266+harvested at the same time and cultivated in a contiguous area in
2267+the same field or facility.
2268+Sec. 6. Craft hemp flower must be distributed in tamper evident
2269+packaging that contains the following information:
2270+(1) A scannable bar code or QR code linked to a document
2271+that contains information with respect to the craft hemp
2272+flower, including the:
2273+(A) batch identification number;
2274+(B) product name;
2275+(C) batch date;
2276+(D) expiration date, which must be not more than two (2)
2277+years from the date of harvest;
2278+ES 20—LS 6187/DI 87 53
2279+(E) batch size;
2280+(F) total quantity produced;
2281+(G) ingredients used, including the:
2282+(i) ingredient name;
2283+(ii) name of the company that manufactured the
2284+ingredient;
2285+(iii) company or product identification number or code,
2286+if applicable; and
2287+(iv) ingredient lot number; and
2288+(H) download link for a certificate of analysis for the craft
2289+hemp flower.
2290+(2) The batch number.
2291+(3) The website address to obtain batch information.
2292+(4) The expiration date, which must be not more than two (2)
2293+years from the date of harvest.
2294+(5) The number of grams of craft hemp flower.
2295+(6) The facility that produced the craft hemp flower.
2296+(7) The fact that the product contains not more than
2297+three-tenths percent (0.3%) delta-9-tetrahydrocannabinol
2298+(THC), including precursors, by weight.
2299+Sec. 7. A craft hemp flower may not be distributed if a
2300+certificate of analysis prepared by an independent testing
2301+laboratory shows any of the following:
2302+(1) A concentration of metals that is more than any of the
2832303 following:
284-(1) Civic center.
285-(2) Convention center.
286-(3) Sports arena.
287-(4) Bowling center.
288-(5) Bona fide club.
289-(6) Drug store.
290-(7) Grocery store.
291-(8) Boat.
292-(9) Dining car.
293-(10) Pullman car.
294-(11) Club car.
295-SEA 20 — CC 1 8
296-(12) Passenger airplane.
297-(13) Horse racetrack facility holding a recognized meeting permit
298-under IC 4-31-5.
299-(14) Satellite facility (as defined in IC 4-31-2.1-36).
300-(15) Catering hall under IC 7.1-3-20-24 that is not open to the
301-public.
302-(16) That part of a restaurant which is separate from a room in
303-which is located a bar over which alcoholic beverages are sold or
304-dispensed by the drink.
305-(17) Entertainment complex.
306-(18) Indoor golf facility.
307-(19) A recreational facility such as a golf course, bowling center,
308-or similar facility that has the recreational activity and not the sale
309-of food and beverages as the principal purpose or function of the
310-person's business.
311-(20) A licensed premises owned or operated by a postsecondary
312-educational institution described in IC 21-17-6-1.
313-(21) An automobile racetrack.
314-(22) An indoor theater under IC 7.1-3-20-26.
315-(23) A senior residence facility campus (as defined in
316-IC 7.1-3-1-29(c)) at which alcoholic beverages are given or
317-furnished as provided under IC 7.1-3-1-29.
318-(24) A hotel other than a part of a hotel that is a room in a
319-restaurant in which a bar is located over which alcoholic
320-beverages are sold or dispensed by the drink.
321-(25) The location of an allowable event to which IC 7.1-3-6.1
322-applies.
323-(26) The location of a charity auction to which IC 7.1-3-6.2
324-applies.
325-(27) A tour of a brewery as provided in IC 7.1-3-20-16.4, if the
326-minor is in the company of a parent, legal guardian or custodian,
327-or family member who is at least twenty-one (21) years of age.
328-(28) A farm winery and any additional locations of the farm
329-winery under IC 7.1-3-12, if the minor is in the company of a
330-parent, legal guardian or custodian, or family member who is at
331-least twenty-one (21) years of age and the minor is accompanied
332-by the adult in any area that the adult may be present whether or
333-not the area:
334-(A) is separated in any manner from where the wine is
335-manufactured, sold, or consumed within the farm winery
336-premises; or
337-(B) operates under a retailer's permit.
338-SEA 20 — CC 1 9
339-(29) An artisan distillery under IC 7.1-3-27, if:
340-(A) the person who holds the artisan distiller's permit also
341-holds a farm winery permit under IC 7.1-3-12, or
342-IC 7.1-3-20-16.4(a) applies to the person; and
343-(B) the minor is in the company of a parent, legal guardian or
344-custodian, or family member who is at least twenty-one (21)
345-years of age.
346-(30) An art instruction studio under IC 7.1-5-8-4.6.
347-(31) The licensed premises of a food hall under IC 7.1-3-20-29
348-and the food and beverage vending space of a food hall vendor
349-permittee under IC 7.1-3-20-30. However, sections 9 and 10 of
350-this chapter apply to a bar within the food and beverage vending
351-space of a food hall vendor permittee under IC 7.1-3-20-30 that
352-serves alcoholic beverages intended to be consumed while sitting
353-or standing at the bar.
354-(32) A refreshment area designated under IC 7.1-3-31.
355-(b) For the purpose of this subsection, "food" means meals prepared
356-on the licensed premises. It is lawful for a minor to be on licensed
357-premises in a room, outdoor patio, or terrace in which is located a bar
358-over which alcoholic beverages are sold or dispensed by the drink if all
359-the following conditions are met:
360-(1) The minor is eighteen (18) years of age or older.
361-(2) The minor is in the company of a parent, guardian, or family
362-member who is twenty-one (21) years of age or older.
363-(3) The purpose for being on the licensed premises is the
364-consumption of food and not the consumption of alcoholic
365-beverages.
366-SECTION 6. IC 7.1-5-8-5, AS AMENDED BY P.L.121-2022,
367-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
368-JULY 1, 2023]: Sec. 5. (a) This section does not apply to a person who,
369-on or about a licensed premises, carries, conveys, or consumes beer or
370-wine:
371-(1) described in IC 7.1-1-2-3(a)(4); and
372-(2) not sold or offered for sale.
373-(b) This section does not apply to a person at a facility that is used
374-in connection with the operation of a track that is used primarily in the
375-sport of auto racing.
376-(c) This section does not apply to a person at an outdoor place of
377-public entertainment that:
378-(1) has an area of at least four (4) acres and not more than six (6)
379-acres;
380-(2) is located within one (1) mile of the White River;
381-SEA 20 — CC 1 10
382-(3) is owned and operated by a nonprofit corporation exempt from
383-federal income taxation under Section 501(c)(3) of the Internal
384-Revenue Code; and
385-(4) is used primarily in connection with live music concerts.
386-(d) This section does not apply to a person who brings wine into an
387-art instruction studio or consumes wine that is brought into the art
388-instruction studio in accordance with section 4.6 of this chapter.
389-(e) This section does not apply to a craft manufacturer (as defined
390-in IC 7.1-3-30-1) at an event held on the licensed premises of a host
391-permittee (as defined in IC 7.1-3-30-1) under a temporary craft
392-manufacturer hospitality permit issued under IC 7.1-3-30.
393-(f) This section does not apply to a person who brings an
394-alcoholic beverage:
395-(1) purchased from:
396-(A) a vendor (as defined in IC 7.1-3-31-5); or
397-(B) a designated permittee (as defined in IC 7.1-3-31-2);
398-and
399-(2) into a licensed premises:
400-(A) of a permittee who may or may not be a designated
401-permittee (as defined in IC 7.1-3-31-2); and
402-(B) that is located within a refreshment area designated
403-under IC 7.1-3-31.
404-(f) (g) It is a Class C misdemeanor for a person, for the person's own
405-use, to knowingly carry on, convey to, or consume on or about the
406-licensed premises of a permittee an alcoholic beverage that was not
407-then and there purchased from that permittee.
408-SECTION 7. IC 7.1-5-8-6, AS AMENDED BY P.L.121-2022,
409-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
410-JULY 1, 2023]: Sec. 6. (a) It is a Class C misdemeanor for a person to
411-knowingly carry liquor into a restaurant or place of public
412-entertainment for the purpose of consuming it, displaying it, or selling,
413-furnishing, or giving it away to another person on the premises, or for
414-the purpose of having it served to himself or another person, then and
415-there. It is a Class C misdemeanor to knowingly consume liquor
416-brought into a public establishment in violation of this section.
417-(b) This section does not apply to a person at an outdoor place of
418-public entertainment that:
419-(1) has an area of at least four (4) acres and not more than six (6)
420-acres;
421-(2) is located within one (1) mile of the White River;
422-(3) is owned and operated by a nonprofit corporation exempt from
423-federal income taxation under Section 501(c)(3) of the Internal
424-SEA 20 — CC 1 11
425-Revenue Code; and
426-(4) is used primarily in connection with live music concerts.
427-(c) This section does not apply to a person who carries liquor into
428-a restaurant or place of public entertainment where a qualified
429-organization is conducting:
430-(1) an allowable event to which IC 7.1-3-6.1 applies, and the
431-liquor brought into the establishment is:
432-(A) in sealed bottles or cases; and
433-(B) donated to or purchased by the qualified organization to be
434-offered as a prize in the allowable event; or
435-(2) a charity auction to which IC 7.1-3-6.2 applies, and the liquor
436-brought into the establishment is:
437-(A) in sealed bottles or cases; and
438-(B) donated to or purchased by the qualified organization to be
439-offered for sale in the charity auction.
440-(d) This section does not apply to a craft manufacturer (as defined
441-in IC 7.1-3-30-1) at an event held on the licensed premises of a host
442-permittee (as defined in IC 7.1-3-30-1) under a temporary craft
443-manufacturer hospitality permit issued under IC 7.1-3-30.
444-(e) This section does not apply to a person who brings an
445-alcoholic beverage:
446-(1) purchased from:
447-(A) a vendor (as defined in IC 7.1-3-31-5); or
448-(B) a designated permittee (as defined in IC 7.1-3-31-2);
449-and
450-(2) into a licensed premises:
451-(A) of a permittee who may or may not be a designated
452-permittee (as defined in IC 7.1-3-31-2); and
453-(B) that is located within a refreshment area designated
454-under IC 7.1-3-31.
455-SECTION 8. IC 7.1-5-8-13 IS ADDED TO THE INDIANA CODE
456-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
457-1, 2023]: Sec. 13. (a) As used in this section, "designated permittee"
458-has the meaning set forth in IC 7.1-3-31-2.
459-(b) As used in this section, "vendor" has the meaning set forth
460-in IC 7.1-3-31-5.
461-(c) A designated permittee or vendor who intentionally sells,
462-furnishes, or gives a person for consumption in a refreshment area
463-designated under IC 7.1-3-31:
464-(1) an open container of an alcoholic beverage that exceeds
465-the content limitations in IC 7.1-3-31-12; or
466-(2) three (3) or more open containers of alcoholic beverages
467-SEA 20 — CC 1 12
468-at a time;
2304+(A) Four-tenths (0.4) part per million of cadmium.
2305+(B) Five-tenths (0.5) part per million of lead.
2306+(C) Four-tenths (0.4) part per million of arsenic.
2307+(D) Two-tenths (0.2) part per million of mercury.
2308+(2) A concentration of microbiological units that is more than
2309+any of the following:
2310+(A) One (1) colony forming unit per gram of Shiga-Toxin
2311+Escherichia coli.
2312+(B) One (1) colony forming unit per gram of Salmonella
2313+spp.
2314+(C) Ten thousand (10,000) colony forming units of
2315+culturable mold.
2316+(3) A concentration of residual solvents and chemicals that is
2317+more than any of the following:
2318+(A) Five thousand (5,000) parts per million of butane.
2319+(B) Two (2) parts per million of benzene.
2320+(C) Five thousand (5,000) parts per million of heptane.
2321+ES 20—LS 6187/DI 87 54
2322+(D) Two hundred ninety (290) parts per million of hexane.
2323+(E) Eight hundred ninety (890) parts per million of toluene.
2324+(F) One (1) part per million of total xylenes, including
2325+ortho-xylene, meta-xylene, and para-xylene.
2326+Sec. 8. (a) A person in a motor vehicle who, while the motor
2327+vehicle is in operation or the motor vehicle is located on the
2328+right-of-way of a public highway (as defined in IC 9-25-2-4),
2329+possesses a container that contains craft hemp flower, and:
2330+(1) the container does not have tamper evident packaging; or
2331+(2) the tamper evident packaging has a broken seal;
4692332 commits a Class C infraction.
470-SEA 20 — CC 1 President of the Senate
471-President Pro Tempore
472-Speaker of the House of Representatives
473-Governor of the State of Indiana
474-Date: Time:
475-SEA 20 — CC 1
2333+(b) A violation of this section is not considered a moving traffic
2334+violation:
2335+(1) for purposes of IC 9-14-12-3; and
2336+(2) for which points are assessed by the bureau of motor
2337+vehicles under the point system.
2338+Sec. 9. (a) A person who distributes or sells craft hemp flower
2339+in violation of this chapter commits a Class B infraction. However,
2340+the offense is a Class A infraction if the person has a prior
2341+unrelated judgment for a violation of this chapter.
2342+(b) The penalties in this section are in addition to any criminal
2343+penalties that may be imposed for unlawful possession or
2344+distribution of a controlled substance.
2345+SECTION 26. IC 35-31.5-2-68.8 IS ADDED TO THE INDIANA
2346+CODE AS A NEW SECTION TO READ AS FOLLOWS
2347+[EFFECTIVE JULY 1, 2023]: Sec. 68.8. (a) "Craft hemp flower"
2348+means the harvested reproductive organ, whether immature or
2349+mature, of the female Cannabis sativa L. plant containing not more
2350+than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol
2351+(THC), including precursors of THC, in a form that is intended to
2352+allow THC to be introduced into the human body by inhalation of
2353+smoke.
2354+(b) The term does not include agricultural hemp seed (as defined
2355+in IC 15-15-13-2).
2356+SECTION 27. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
2357+SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2358+JULY 1, 2023]: Sec. 100. (a) "Distribute", for purposes of
2359+IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
2360+(b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
2361+forth in IC 35-46-1-10(f). IC 35-46-1-10(a).
2362+(c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
2363+set forth in IC 35-46-1-10.2(g). IC 35-46-1-10.2(a).
2364+ES 20—LS 6187/DI 87 55
2365+(d) "Distribute", for purposes of IC 35-47.5, has the meaning set
2366+forth in IC 35-47.5-2-6.
2367+(e) "Distribute", for purposes of IC 35-48, has the meaning set forth
2368+in IC 35-48-1-14.
2369+(f) "Distribute", for purposes of IC 35-49, has the meaning set forth
2370+in IC 35-49-1-2.
2371+SECTION 28. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
2372+SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2373+JULY 1, 2023]: Sec. 10. (a) As used in this section, "distribute"
2374+means to give tobacco, craft hemp flower, an e-liquid, or an
2375+electronic cigarette to another person as a means of promoting,
2376+advertising, or marketing the tobacco, craft hemp flower, e-liquid,
2377+or electronic cigarette to the general public.
2378+(a) (b) A person may not be charged with a violation under this
2379+section and a violation under IC 7.1-7-6-5.
2380+(b) (c) A person who knowingly:
2381+(1) sells or distributes tobacco, craft hemp flower, an e-liquid, or
2382+an electronic cigarette to a person less than twenty-one (21) years
2383+of age; or
2384+(2) purchases tobacco, craft hemp flower, an e-liquid, or an
2385+electronic cigarette for delivery to another person who is less than
2386+twenty-one (21) years of age;
2387+commits a Class C infraction. For a sale to take place under this
2388+section, the buyer must pay the seller for the tobacco, craft hemp
2389+flower, e-liquid, or electronic cigarette.
2390+(c) (d) It is not a defense that the person to whom the tobacco, craft
2391+hemp flower, e-liquid, or electronic cigarette was sold or distributed
2392+did not smoke, chew, inhale, or otherwise consume the tobacco, craft
2393+hemp flower, e-liquid, or electronic cigarette.
2394+(d) (e) The following defenses are available to a person accused of
2395+selling or distributing tobacco, craft hemp flower, an e-liquid, or an
2396+electronic cigarette to a person who is less than twenty-one (21) years
2397+of age:
2398+(1) The buyer or recipient produced a driver's license bearing the
2399+purchaser's or recipient's photograph, showing that the purchaser
2400+or recipient was of legal age to make the purchase.
2401+(2) The buyer or recipient produced a photographic identification
2402+card issued under IC 9-24-16-1, or a similar card issued under the
2403+laws of another state or the federal government, showing that the
2404+purchaser or recipient was of legal age to make the purchase.
2405+(3) The appearance of the purchaser or recipient was such that an
2406+ordinary prudent person would believe that the purchaser or
2407+ES 20—LS 6187/DI 87 56
2408+recipient was not less than thirty (30) years of age.
2409+(e) (f) It is a defense that the accused person sold or delivered the
2410+tobacco, craft hemp flower, e-liquid, or electronic cigarette to a
2411+person who acted in the ordinary course of employment or a business
2412+concerning tobacco, craft hemp flower, an e-liquid, or electronic
2413+cigarettes including the following activities:
2414+(1) Agriculture.
2415+(2) Processing.
2416+(3) Transporting.
2417+(4) Wholesaling.
2418+(5) Retailing.
2419+(f) As used in this section, "distribute" means to give tobacco, an
2420+e-liquid, or an electronic cigarette to another person as a means of
2421+promoting, advertising, or marketing the tobacco, e-liquid, or electronic
2422+cigarette to the general public.
2423+(g) Unless the person buys or receives tobacco, craft hemp flower,
2424+an e-liquid, or an electronic cigarette under the direction of a law
2425+enforcement officer as part of an enforcement action, a person who
2426+sells or distributes tobacco, craft hemp flower, an e-liquid, or an
2427+electronic cigarette is not liable for a violation of this section unless the
2428+person less than twenty-one (21) years of age who bought or received
2429+the tobacco, craft hemp flower, e-liquid, or electronic cigarette is
2430+issued a citation or summons under section 10.5 of this chapter.
2431+(h) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
2432+this section must be deposited in the Richard D. Doyle youth tobacco
2433+education and enforcement fund (IC 7.1-6-2-6).
2434+SECTION 29. IC 35-46-1-10.2, AS AMENDED BY P.L.32-2021,
2435+SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2436+JULY 1, 2023]: Sec. 10.2. (a) As used in this section, "distribute"
2437+means to give tobacco, craft hemp flower, an e-liquid, or an
2438+electronic cigarette to another person as a means of promoting,
2439+advertising, or marketing the tobacco, craft hemp flower, e-liquid,
2440+or electronic cigarette to the general public.
2441+(a) (b) A person may not be charged with a violation under this
2442+section and a violation under IC 7.1-7-6-5.
2443+(b) (c) A retail establishment that sells or distributes tobacco, craft
2444+hemp flower, an e-liquid, or an electronic cigarette to a person less
2445+than twenty-one (21) years of age commits a Class C infraction. For a
2446+sale to take place under this section, the buyer must pay the retail
2447+establishment for the tobacco, craft hemp flower, e-liquid, or
2448+electronic cigarette.
2449+(c) (d) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
2450+ES 20—LS 6187/DI 87 57
2451+infraction committed under this section must be imposed as follows:
2452+(1) If the retail establishment at that specific business location has
2453+not been issued a citation or summons for a violation of this
2454+section in the previous one (1) year, a civil penalty of up to four
2455+hundred dollars ($400).
2456+(2) If the retail establishment at that specific business location has
2457+had one (1) citation or summons issued for a violation of this
2458+section in the previous one (1) year, a civil penalty of up to eight
2459+hundred dollars ($800).
2460+(3) If the retail establishment at that specific business location has
2461+had two (2) citations or summonses issued for a violation of this
2462+section in the previous one (1) year, a civil penalty of up to one
2463+thousand four hundred dollars ($1,400).
2464+(4) If the retail establishment at that specific business location has
2465+had three (3) or more citations or summonses issued for a
2466+violation of this section in the previous one (1) year, a civil
2467+penalty of up to two thousand dollars ($2,000).
2468+A retail establishment may not be issued a citation or summons for a
2469+violation of this section more than once every twenty-four (24) hours
2470+for each specific business location.
2471+(d) (e) It is not a defense that the person to whom the tobacco, craft
2472+hemp flower, e-liquid, or electronic cigarette was sold or distributed
2473+did not smoke, chew, inhale, or otherwise consume the tobacco, craft
2474+hemp flower, e-liquid, or electronic cigarette.
2475+(e) (f) The following defenses are available to a retail establishment
2476+accused of selling or distributing tobacco, craft hemp flower, an
2477+e-liquid, or an electronic cigarette to a person who is less than
2478+twenty-one (21) years of age:
2479+(1) The buyer or recipient produced a driver's license bearing the
2480+purchaser's or recipient's photograph showing that the purchaser
2481+or recipient was of legal age to make the purchase.
2482+(2) The buyer or recipient produced a photographic identification
2483+card issued under IC 9-24-16-1 or a similar card issued under the
2484+laws of another state or the federal government showing that the
2485+purchaser or recipient was of legal age to make the purchase.
2486+(3) The appearance of the purchaser or recipient was such that an
2487+ordinary prudent person would believe that the purchaser or
2488+recipient was not less than thirty (30) years of age.
2489+(f) (g) It is a defense that the accused retail establishment sold or
2490+delivered the tobacco, craft hemp flower, e-liquid, or electronic
2491+cigarette to a person who acted in the ordinary course of employment
2492+or a business concerning tobacco, craft hemp flower, an e-liquid, or
2493+ES 20—LS 6187/DI 87 58
2494+electronic cigarettes for the following activities:
2495+(1) Agriculture.
2496+(2) Processing.
2497+(3) Transporting.
2498+(4) Wholesaling.
2499+(5) Retailing.
2500+(g) As used in this section, "distribute" means to give tobacco, an
2501+e-liquid, or an electronic cigarette to another person as a means of
2502+promoting, advertising, or marketing the tobacco or electronic cigarette
2503+to the general public.
2504+(h) Unless a person buys or receives tobacco, craft hemp flower,
2505+an e-liquid, or an electronic cigarette under the direction of a law
2506+enforcement officer as part of an enforcement action, a retail
2507+establishment that sells or distributes tobacco, craft hemp flower, an
2508+e-liquid, or an electronic cigarette is not liable for a violation of this
2509+section unless the person less than twenty-one (21) years of age who
2510+bought or received the tobacco, craft hemp flower, e-liquid, or
2511+electronic cigarette is issued a citation or summons under section 10.5
2512+of this chapter.
2513+(i) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
2514+this section must be deposited in the Richard D. Doyle youth tobacco
2515+education and enforcement fund (IC 7.1-6-2-6).
2516+(j) A person who violates subsection (b) (c) at least six (6) times in
2517+any one (1) year commits habitual illegal sale of tobacco, sales, a Class
2518+B infraction.
2519+SECTION 30. IC 35-46-1-10.5, AS AMENDED BY P.L.49-2020,
2520+SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2521+JULY 1, 2023]: Sec. 10.5. (a) A person less than twenty-one (21) years
2522+of age who:
2523+(1) purchases tobacco, craft hemp flower, an e-liquid, or an
2524+electronic cigarette;
2525+(2) accepts tobacco, craft hemp flower, an e-liquid, or an
2526+electronic cigarette for personal use; or
2527+(3) possesses tobacco, craft hemp flower, an e-liquid, or an
2528+electronic cigarette on the person's person;
2529+commits a Class C infraction.
2530+(b) It is a defense under subsection (a) that the accused person acted
2531+in the ordinary course of employment in a business concerning tobacco,
2532+craft hemp flower, an e-liquid, or an electronic cigarette for the
2533+following activities:
2534+(1) Agriculture.
2535+(2) Processing.
2536+ES 20—LS 6187/DI 87 59
2537+(3) Transporting.
2538+(4) Wholesaling.
2539+(5) Retailing.
2540+SECTION 31. IC 35-48-1-9.3, AS AMENDED BY P.L.80-2019,
2541+SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2542+JULY 1, 2023]: Sec. 9.3. (a) "Controlled substance analog" means a
2543+substance that, due to its chemical structure and potential for abuse or
2544+misuse, meets the following criteria:
2545+(1) The substance is substantially similar to a controlled substance
2546+classified under IC 35-48-2.
2547+(2) The substance has a narcotic, stimulant, depressant, or
2548+hallucinogenic effect on the central nervous system or is
2549+represented or intended to have a narcotic, stimulant, depressant,
2550+or hallucinogenic effect on the central nervous system
2551+substantially similar to or greater than that of a controlled
2552+substance classified under IC 35-48-2.
2553+(b) The definition set forth in subsection (a) does not include:
2554+(1) a controlled substance;
2555+(2) a legend drug;
2556+(3) a substance for which there is an approved new drug
2557+application;
2558+(4) any compound, mixture, or preparation that contains any
2559+controlled substance, that is not for administration to a human
2560+being or an animal, and that is packaged in a form or
2561+concentration, or with adulterants or denaturants, such that as
2562+packaged it does not present any significant potential for abuse;
2563+or
2564+(5) a substance to which an investigational exemption applies
2565+under Section 505 of the federal Food, Drug and Cosmetic Act
2566+(chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the
2567+extent that conduct with respect to the substance is pursuant to the
2568+exemption; or
2569+(6) low THC hemp extract; or
2570+(7) craft hemp flower.
2571+(c) For purposes of subsection (a), "substantially similar", as it
2572+applies to the chemical structure of a substance, means that the
2573+chemical structure of the substance, when compared to the structure of
2574+a controlled substance, has a single difference in the structural formula
2575+that substitutes one (1) atom or functional group for another, including:
2576+(1) one (1) halogen for another halogen;
2577+(2) one (1) hydrogen for a halogen;
2578+(3) one (1) halogen for a hydrogen; or
2579+ES 20—LS 6187/DI 87 60
2580+(4) an alkyl group added or deleted:
2581+(A) as a side chain to or from a molecule; or
2582+(B) from a side chain of a molecule.
2583+SECTION 32. IC 35-48-1-10.5 IS ADDED TO THE INDIANA
2584+CODE AS A NEW SECTION TO READ AS FOLLOWS
2585+[EFFECTIVE JULY 1, 2023]: Sec. 10.5. "Craft hemp flower" has
2586+the meaning set forth in IC 35-31.5-2-68.8.
2587+SECTION 33. IC 35-48-1-16.8, AS ADDED BY P.L.153-2018,
2588+SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2589+JULY 1, 2023]: Sec. 16.8. "Hashish" does not include:
2590+(1) low THC hemp extract; or
2591+(2) craft hemp flower.
2592+SECTION 34. IC 35-48-1-17.2 IS REPEALED [EFFECTIVE JULY
2593+1, 2023]. Sec. 17.2. (a) "Hemp bud" means the harvested immature
2594+reproductive organ of the female hemp plant.
2595+(b) The term does not include agricultural hemp seed.
2596+SECTION 35. IC 35-48-1-17.3 IS REPEALED [EFFECTIVE JULY
2597+1, 2023]. Sec. 17.3. (a) "Hemp flower" means the harvested
2598+reproductive organ, whether immature or mature, of the female hemp
2599+plant.
2600+(b) The term does not include agricultural hemp seed.
2601+SECTION 36. IC 35-48-1-17.5, AS AMENDED BY P.L.190-2019,
2602+SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2603+JULY 1, 2023]: Sec. 17.5. (a) "Low THC hemp extract" means a
2604+substance or compound that:
2605+(1) is derived from or contains any part of the plant Cannabis
2606+sativa L. that meets the definition of hemp under IC 15-15-13-6;
2607+(2) contains not more than three-tenths percent (0.3%) total
2608+delta-9-tetrahydrocannabinol (THC), including precursors, by
2609+weight; and
2610+(3) contains no other controlled substances.
2611+(b) The term does not include:
2612+(1) the harvested reproductive organ, whether immature or
2613+mature, of the female hemp plant; or
2614+(2) smokable hemp. craft hemp flower.
2615+SECTION 37. IC 35-48-1-19, AS AMENDED BY P.L.190-2019,
2616+SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2617+JULY 1, 2023]: Sec. 19. (a) "Marijuana" means any part of the plant
2618+genus Cannabis whether growing or not; the seeds thereof; the resin
2619+extracted from any part of the plant, including hashish and hash oil; any
2620+compound, manufacture, salt, derivative, mixture, or preparation of the
2621+plant, its seeds or resin.
2622+ES 20—LS 6187/DI 87 61
2623+(b) The term does not include:
2624+(1) the mature stalks of the plant;
2625+(2) fiber produced from the stalks;
2626+(3) oil or cake made from the seeds of the plant;
2627+(4) any other compound, manufacture, salt, derivative, mixture,
2628+or preparation of the mature stalks (except the resin extracted
2629+therefrom);
2630+(5) the sterilized seed of the plant which is incapable of
2631+germination;
2632+(6) hemp (as defined by IC 15-15-13-6);
2633+(7) low THC hemp extract; or
2634+(8) smokable hemp. craft hemp flower.
2635+SECTION 38. IC 35-48-1-26.6 IS REPEALED [EFFECTIVE JULY
2636+1, 2023]. Sec. 26.6. (a) Except as provided in subsection (b), "smokable
2637+hemp" means a product containing not more than three-tenths percent
2638+(0.3%) delta-9-tetrahydrocannabinol (THC), including precursors and
2639+derivatives of THC, in a form that allows THC to be introduced into the
2640+human body by inhalation of smoke. The term includes:
2641+(1) hemp bud; and
2642+(2) hemp flower.
2643+(b) The term does not include:
2644+(1) a hemp plant that is; or
2645+(2) parts of a hemp plant that are;
2646+grown or handled by a licensee for processing or manufacturing into a
2647+legal hemp product.
2648+SECTION 39. IC 35-48-4-10.1 IS REPEALED [EFFECTIVE JULY
2649+1, 2023]. Sec. 10.1. (a) A person who:
2650+(1) knowingly or intentionally:
2651+(A) manufactures;
2652+(B) finances the manufacture of;
2653+(C) delivers;
2654+(D) finances the delivery of; or
2655+(E) possesses;
2656+smokable hemp; or
2657+(2) possesses smokable hemp with intent to:
2658+(A) manufacture;
2659+(B) finance the manufacture of;
2660+(C) deliver; or
2661+(D) finance the delivery of;
2662+smokable hemp;
2663+commits dealing in smokable hemp, a Class A misdemeanor.
2664+(b) Subsection (a)(1)(B), (a)(1)(D), (a)(2)(B), and (a)(2)(D) do not
2665+ES 20—LS 6187/DI 87 62
2666+apply to:
2667+(1) a financial institution organized or reorganized under the laws
2668+of Indiana, any other state, or the United States; or
2669+(2) any agency or instrumentality of the state or the United States.
2670+(c) Subsection (a)(1)(C), (a)(1)(D), (a)(1)(E), (a)(2)(C), and
2671+(a)(2)(D) do not apply to the shipment of smokable hemp from a
2672+licensed producer in another state in continuous transit through Indiana
2673+to a licensed handler in any state.
2674+SECTION 40. IC 35-48-4-12, AS AMENDED BY P.L.156-2020,
2675+SECTION 134, IS AMENDED TO READ AS FOLLOWS
2676+[EFFECTIVE JULY 1, 2023]: Sec. 12. If a person who has no prior
2677+conviction of an offense under this article relating to controlled
2678+substances pleads guilty to possession of marijuana, hashish, or salvia
2679+or smokable hemp as a misdemeanor, the court, without entering a
2680+judgment of conviction and with the consent of the person, may defer
2681+further proceedings and place the person in the custody of the court
2682+under conditions determined by the court. Upon violation of a
2683+condition of the custody, the court may enter a judgment of conviction.
2684+However, if the person fulfills the conditions of the custody, the court
2685+shall dismiss the charges against the person. There may be only one (1)
2686+dismissal under this section with respect to a person.".
2687+Renumber all SECTIONS consecutively.
2688+and when so amended that said bill do pass.
2689+(Reference is to SB 20 as reprinted February 8, 2023.)
2690+MANNING
2691+Committee Vote: yeas 12, nays 1.
2692+_____
2693+HOUSE MOTION
2694+Mr. Speaker: I move that Engrossed Senate Bill 20 be amended to
2695+read as follows:
2696+Page 22, line 21, delete "IC 24-4-23.2" and insert "IC 24-4-22.5".
2697+Page 22, line 24, delete "23.2." and insert "22.5.".
2698+(Reference is to ESB 20 as printed April 4, 2023.)
2699+LEHMAN
2700+ES 20—LS 6187/DI 87