Indiana 2023 Regular Session

Indiana Senate Bill SB0237 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 237
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5-48; IC 5-2-8; IC 6-7-3; IC 7.1-8; IC 7.1-9;
7	7	IC 15-16-7-8; IC 33-37; IC 35-48-4; IC 35-52-7-97.
8	8	Synopsis: Medical cannabis. Establishes a medical marijuana program
9	9	(program), and permits caregivers and patients who have received a
10	10	physician recommendation to possess a certain quantity of marijuana
11	11	for treatment of certain medical conditions. Establishes a regulatory
12	12	agency to oversee the program, and creates the regulatory agency
13	13	advisory committee to review the effectiveness of the program and to
14	14	consider recommendations from the regulatory agency. Authorizes the
15	15	regulatory agency to grant research licenses to research facilities with
16	16	a physical presence in Indiana. Repeals the controlled substance excise
17	17	tax and the marijuana eradication program. Makes conforming
18	18	amendments.
19	19	Effective: July 1, 2023.
20	20	Taylor G
21	21	January 11, 2023, read first time and referred to Committee on Health and Provider
22	22	Services.
23	23	2023 IN 237—LS 6359/DI 106 Introduced
24	24	First Regular Session of the 123rd General Assembly (2023)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2022 Regular Session of the General Assembly.
34	34	SENATE BILL No. 237
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	criminal law and procedure.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 2-5-48 IS ADDED TO THE INDIANA CODE AS
39	39	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
40	40	3 1, 2023]:
41	41	4 Chapter 48. Regulatory Agency Advisory Committee
42	42	5 Sec. 1. The following definitions apply throughout this chapter:
43	43	6 (1) "Advisory committee" means the regulatory agency
44	44	7 advisory committee established by section 2 of this chapter.
45	45	8 (2) "Regulatory agency" means the regulatory agency
46	46	9 established by IC 7.1-9-2-1.
47	47	10 Sec. 2. The regulatory agency advisory committee is established.
48	48	11 Sec. 3. (a) The advisory committee consists of the following four
49	49	12 (4) voting members and five (5) nonvoting members:
50	50	13 (1) One (1) legislative member appointed by the speaker of the
51	51	14 house of representatives.
52	52	15 (2) One (1) legislative member appointed by the minority
53	53	16 leader of the house of representatives.
54	54	17 (3) One (1) legislative member appointed by the president pro
55	55	2023 IN 237—LS 6359/DI 106 2
56	56	1 tempore of the senate.
57	57	2 (4) One (1) legislative member appointed by the minority
58	58	3 leader of the senate.
59	59	4 (5) One (1) representative of law enforcement, appointed as a
60	60	5 nonvoting member by the speaker of the house of
61	61	6 representatives.
62	62	7 (6) One (1) individual having experience in the treatment of
63	63	8 medical conditions by means of medical marijuana as a
64	64	9 patient, physician, or caregiver, appointed as a nonvoting
65	65	10 member by the president pro tempore of the senate.
66	66	11 (7) The commissioner of the department of state revenue or
67	67	12 the commissioner's designee, who serves as a nonvoting
68	68	13 member.
69	69	14 (8) The director of the department of agriculture or the
70	70	15 director's designee, who serves as a nonvoting member.
71	71	16 (9) The state health commissioner or the commissioner's
72	72	17 designee, who serves as a nonvoting member.
73	73	18 (b) The chairperson of the legislative council shall annually
74	74	19 select one (1) of the voting members to serve as chairperson.
75	75	20 Sec. 4. (a) A legislative member of the advisory committee may
76	76	21 be removed at any time by the appointing authority who appointed
77	77	22 the legislative member.
78	78	23 (b) If a vacancy exists on the advisory committee, the appointing
79	79	24 authority who appointed the former member whose position has
80	80	25 become vacant shall appoint an individual to fill the vacancy.
81	81	26 Sec. 5. Each member of the advisory committee is entitled to
82	82	27 receive the same per diem, mileage, and travel allowances paid to
83	83	28 individuals who serve as legislative and lay members, respectively,
84	84	29 of interim study committees established by the legislative council.
85	85	30 Sec. 6. The affirmative votes of a majority of the voting
86	86	31 members appointed to the advisory committee are required for the
87	87	32 advisory committee to take action on any measure, including final
88	88	33 reports.
89	89	34 Sec. 7. The advisory committee shall do the following:
90	90	35 (1) Review rules adopted by the regulatory agency.
91	91	36 (2) Review legislative proposals suggested by the regulatory
92	92	37 agency.
93	93	38 (3) Evaluate the medical marijuana research and development
94	94	39 program under IC 7.1-9-5.
95	95	40 (4) Evaluate the operation of the medical marijuana program.
96	96	41 (5) Consider any other matter that has bearing on the
97	97	42 operation of the medical marijuana program.
98	98	2023 IN 237—LS 6359/DI 106 3
99	99	1 SECTION 2. IC 5-2-8-5, AS AMENDED BY P.L.217-2017,
100	100	2 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101	101	3 JULY 1, 2023]: Sec. 5. (a) There is established the state police training
102	102	4 fund. The fund consists of amounts collected under IC 33-37-4-1(b)(4),
103	103	5 IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4)
104	104	6 IC 33-37-4-3(b)(3) on behalf of the state police department.
105	105	7 (b) If the state police department files a claim under IC 33-37-8-4
106	106	8 or IC 33-37-8-6 against a city or town user fee fund or a county user fee
107	107	9 fund, the fiscal officer of the city or town or the county auditor shall
108	108	10 deposit fees collected under the cause numbers submitted by the state
109	109	11 police department into the state police training fund established under
110	110	12 this section.
111	111	13 (c) Claims against the state police training fund must be submitted
112	112	14 in accordance with IC 5-11-10.
113	113	15 (d) Money in excess of one hundred dollars ($100) that is
114	114	16 unencumbered and remains in the state police training fund for at least
115	115	17 one (1) entire calendar year from the date of its deposit shall, at the end
116	116	18 of the state's fiscal year, be deposited in the law enforcement academy
117	117	19 fund established under IC 5-2-1-13.
118	118	20 (e) As used in this subsection, "abuse" has the meaning set forth in
119	119	21 section 1(a) of this chapter. As a part of the state police department's
120	120	22 in-service training, the department shall provide to each law
121	121	23 enforcement officer employed by the department continuing education
122	122	24 concerning the following:
123	123	25 (1) Duties of a law enforcement officer in enforcing restraining
124	124	26 orders, protective orders, temporary injunctions, and permanent
125	125	27 injunctions involving abuse.
126	126	28 (2) Guidelines for making felony and misdemeanor arrests in
127	127	29 cases involving abuse.
128	128	30 (3) Techniques for handling incidents of abuse that:
129	129	31 (A) minimize the likelihood of injury to the law enforcement
130	130	32 officer; and
131	131	33 (B) promote the safety of a victim.
132	132	34 (4) Information about the nature and extent of the abuse.
133	133	35 (5) Information about the legal rights of and remedies available
134	134	36 to victims of abuse.
135	135	37 (6) How to document and collect evidence in an abuse case.
136	136	38 (7) The legal consequences of abuse.
137	137	39 (8) The impact on children of law enforcement intervention in
138	138	40 abuse cases.
139	139	41 (9) Services and facilities available to victims of abuse and
140	140	42 abusers.
141	141	2023 IN 237—LS 6359/DI 106 4
142	142	1 (10) Verification of restraining orders, protective orders,
143	143	2 temporary injunctions, and permanent injunctions.
144	144	3 (11) Policies concerning arrest or release of suspects in abuse
145	145	4 cases.
146	146	5 (12) Emergency assistance to victims of abuse and criminal
147	147	6 justice options for victims of abuse.
148	148	7 (13) Landlord-tenant concerns in abuse cases.
149	149	8 (14) The taking of an abused child into protective custody.
150	150	9 (15) Assessment of a situation in which a child may be seriously
151	151	10 endangered if the child is left in the child's home.
152	152	11 (16) Assessment of a situation involving an endangered adult (as
153	153	12 defined in IC 12-10-3-2).
154	154	13 (17) Response to a sudden, unexpected infant death.
155	155	14 The cost of providing continuing education under this subsection shall
156	156	15 be paid from money in the state police training fund.
157	157	16 SECTION 3. IC 5-2-8-7, AS AMENDED BY P.L.217-2017,
158	158	17 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
159	159	18 JULY 1, 2023]: Sec. 7. (a) There is established the conservation
160	160	19 officers training fund. The department of natural resources shall
161	161	20 administer the fund. The fund consists of amounts collected under
162	162	21 IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and
163	163	22 IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on behalf of the department of
164	164	23 natural resources.
165	165	24 (b) If the department of natural resources files a claim under
166	166	25 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
167	167	26 county user fee fund, the fiscal officer of the city or town or the county
168	168	27 auditor shall deposit fees collected under the cause numbers submitted
169	169	28 by the department of natural resources into the conservation officers
170	170	29 training fund established under this section.
171	171	30 (c) Claims against the conservation officers training fund must be
172	172	31 submitted in accordance with IC 5-11-10.
173	173	32 (d) Money in excess of one hundred dollars ($100) that is
174	174	33 unencumbered and remains in the conservation officers' training fund
175	175	34 for at least one (1) entire calendar year from the date of its deposit
176	176	35 shall, at the end of the state's fiscal year, be deposited in the law
177	177	36 enforcement academy fund established under IC 5-2-1-13.
178	178	37 SECTION 4. IC 5-2-8-8, AS AMENDED BY P.L.217-2017,
179	179	38 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
180	180	39 JULY 1, 2023]: Sec. 8. (a) There is established the alcoholic beverage
181	181	40 enforcement officers' training fund. The alcohol and tobacco
182	182	41 commission shall administer the fund. The fund consists of amounts
183	183	42 collected under IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3),
184	184	2023 IN 237—LS 6359/DI 106 5
185	185	1 IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on
186	186	2 behalf of the alcohol and tobacco commission.
187	187	3 (b) If the alcohol and tobacco commission files a claim under
188	188	4 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
189	189	5 county user fee fund, the fiscal officer of the city or town or the county
190	190	6 auditor shall deposit fees collected under the cause numbers submitted
191	191	7 by the alcohol and tobacco commission into the alcoholic beverage
192	192	8 enforcement officers' training fund established under this section.
193	193	9 (c) Claims against the alcoholic beverage enforcement officers'
194	194	10 training fund must be submitted in accordance with IC 5-11-10.
195	195	11 (d) Money in excess of one hundred dollars ($100) that is
196	196	12 unencumbered and remains in the alcoholic beverage enforcement
197	197	13 officers' training fund for at least one (1) entire calendar year from the
198	198	14 date of its deposit shall, at the end of the state's fiscal year, be deposited
199	199	15 in the law enforcement academy fund established under IC 5-2-1-13.
200	200	16 SECTION 5. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2023].
201	201	17 (Controlled Substance Excise Tax).
202	202	18 SECTION 6. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
203	203	19 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
204	204	20 2023]:
205	205	21 ARTICLE 8. MEDICAL MARIJUANA
206	206	22 Chapter 1. Definitions
207	207	23 Sec. 1. The following definitions apply throughout this article:
208	208	24 (1) "Adequate supply for treatment" means the amount of
209	209	25 marijuana necessary to provide care for a treatable medical
210	210	26 condition for a thirty (30) day period, as determined by a
211	211	27 physician recommendation.
212	212	28 (2) "Marijuana" means any part of the plant genus Cannabis.
213	213	29 (3) "Medical marijuana card" means a valid card issued by
214	214	30 the regulatory agency that authorizes the individual to whom
215	215	31 the card is issued to possess marijuana.
216	216	32 (4) "Physician" means an individual holding an unlimited
217	217	33 license to practice medicine in Indiana.
218	218	34 (5) "Physician recommendation" means a written
219	219	35 recommendation that the use of marijuana may benefit a
220	220	36 particular patient suffering from a treatable medical
221	221	37 condition. A physician recommendation may specify an
222	222	38 adequate supply for treatment.
223	223	39 (6) "Qualified patient" means an individual who has been
224	224	40 issued a medical marijuana card by the regulatory agency.
225	225	41 (7) "Qualified primary caregiver" means the primary
226	226	42 caregiver for a qualified patient who has been issued a
227	227	2023 IN 237—LS 6359/DI 106 6
228	228	1 medical marijuana card by the regulatory agency on behalf of
229	229	2 the qualified patient.
230	230	3 (8) "Regulatory agency" means the regulatory agency
231	231	4 established by IC 7.1-9-2-1.
232	232	5 (9) "Regulatory agency committee" means the regulatory
233	233	6 agency commissioners described in IC 7.1-9-2.
234	234	7 (10) "Treatable medical condition" means an illness or other
235	235	8 condition, the symptoms of which (including the side effects
236	236	9 and symptoms caused by any other treatment for the
237	237	10 condition) may be treated by the use of marijuana. The term
238	238	11 includes the following:
239	239	12 (A) Acquired immune deficiency syndrome (AIDS) or
240	240	13 positive status for the human immunodeficiency virus
241	241	14 (HIV).
242	242	15 (B) Anorexia.
243	243	16 (C) Arthritis.
244	244	17 (D) Cachexia.
245	245	18 (E) Chronic cancer pain.
246	246	19 (F) Glaucoma.
247	247	20 (G) Migraine.
248	248	21 (H) Persistent muscle spasms, including spasms associated
249	249	22 with multiple sclerosis, Crohn's disease, or related
250	250	23 conditions.
251	251	24 (I) Seizures, including those characteristic of epilepsy.
252	252	25 (J) Severe nausea.
253	253	26 (K) Posttraumatic stress disorder.
254	254	27 (L) Any persistent or chronic illness or condition that, in
255	255	28 the opinion of a physician:
256	256	29 (i) substantially limits the ability of an individual to
257	257	30 conduct one (1) or more major life activities; or
258	258	31 (ii) may cause serious harm to a patient's safety or
259	259	32 mental or physical health if not alleviated;
260	260	33 if the illness or condition may be improved by the use of
261	261	34 marijuana.
262	262	35 (M) Any other illness or condition determined by the
263	263	36 regulatory agency to be a treatable medical condition.
264	264	37 Chapter 2. Qualified Patients and Qualified Primary Caregivers
265	265	38 Sec. 1. (a) An individual may apply to the regulatory agency to
266	266	39 be a qualified patient if the individual suffers from a treatable
267	267	40 medical condition. An individual may apply to the regulatory
268	268	41 agency to be a qualified primary caregiver if the individual for
269	269	42 whom the individual provides care suffers from a treatable medical
270	270	2023 IN 237—LS 6359/DI 106 7
271	271	1 condition.
272	272	2 (b) To be approved as a qualified patient, an individual must
273	273	3 submit to the regulatory agency a physician recommendation
274	274	4 stating that the individual suffers from a treatable medical
275	275	5 condition. To be approved as a qualified primary caregiver, an
276	276	6 individual must submit to the regulatory agency a physician
277	277	7 recommendation stating that the individual for whom the caregiver
278	278	8 provides care suffers from a treatable medical condition.
279	279	9 (c) The regulatory agency shall issue to an individual a medical
280	280	10 marijuana card indicating that the individual is a qualified patient
281	281	11 or a qualified primary caregiver after:
282	282	12 (1) receipt of a:
283	283	13 (A) completed application; and
284	284	14 (B) physician recommendation;
285	285	15 (2) verification that the individual who tendered the physician
286	286	16 recommendation is a licensed physician; and
287	287	17 (3) compliance with any other rule adopted by the regulatory
288	288	18 agency.
289	289	19 (d) An application for a medical marijuana card may be denied
290	290	20 for the following reasons:
291	291	21 (1) The application is not complete or required information is
292	292	22 missing.
293	293	23 (2) The applicant submits false information.
294	294	24 (3) The applicant does not meet the criteria required to obtain
295	295	25 a medical marijuana card.
296	296	26 (4) The individual who tendered the physician
297	297	27 recommendation is not a licensed physician.
298	298	28 (e) A medical marijuana card issued under this section is valid
299	299	29 for two (2) years, unless the physician recommendation expressly
300	300	30 recommends a shorter period.
301	301	31 (f) The regulatory agency may charge a reasonable fee, not to
302	302	32 exceed one hundred dollars ($100), to apply for a medical
303	303	33 marijuana card. The fee shall be deposited in the state general
304	304	34 fund.
305	305	35 (g) Except as provided in subsection (h), for purposes of
306	306	36 IC 5-14-3-4(a)(1), the following information is confidential, may
307	307	37 not be published, and is not open to public inspection:
308	308	38 (1) Information submitted by an individual under this section
309	309	39 to obtain a medical marijuana card.
310	310	40 (2) Information obtained by a federal, state, or local
311	311	41 government entity in the course of an investigation concerning
312	312	42 an individual who applies to obtain a medical marijuana card.
313	313	2023 IN 237—LS 6359/DI 106 8
314	314	1 (3) The name and address of the individual, and any other
315	315	2 information that may be used to identify an individual, who
316	316	3 holds a medical marijuana card.
317	317	4 (h) Notwithstanding subsection (g):
318	318	5 (1) any information concerning an individual who applies for,
319	319	6 or an individual who holds, a medical marijuana card may be
320	320	7 released to a federal, state, or local government entity:
321	321	8 (A) for law enforcement purposes; or
322	322	9 (B) to determine the validity of a medical marijuana card;
323	323	10 and
324	324	11 (2) general information concerning the issuance of a medical
325	325	12 marijuana card in Indiana may be released to a person
326	326	13 conducting journalistic or academic research (including the
327	327	14 research described in IC 7.1-9-5), but only if all personal
328	328	15 information that may be used to identify any individual who
329	329	16 applies for or holds a medical marijuana card issued under
330	330	17 this chapter has been removed from the general information.
331	331	18 (i) A person who knowingly or intentionally violates this section
332	332	19 by releasing confidential information commits a disclosure of
333	333	20 confidential medical information, a Class B misdemeanor.
334	334	21 (j) A person who knowingly makes a material misstatement in
335	335	22 an application for a medical marijuana card under this section
336	336	23 commits fraudulent application for a medical marijuana card, a
337	337	24 Class B misdemeanor.
338	338	25 Sec. 2. A qualified patient or qualified primary caregiver may:
339	339	26 (1) possess the greater of:
340	340	27 (A) eight (8) ounces or less of dried marijuana; or
341	341	28 (B) an adequate supply for treatment as set forth in a
342	342	29 physician recommendation; and
343	343	30 (2) possess, grow, or cultivate not more than twelve (12)
344	344	31 marijuana plants.
345	345	32 Sec. 3. (a) A qualified primary caregiver may deliver to, or
346	346	33 possess with intent to deliver to, a qualified patient for whom the
347	347	34 caregiver is the primary caregiver:
348	348	35 (1) the greater of:
349	349	36 (A) eight (8) ounces or less of dried marijuana; or
350	350	37 (B) an adequate supply for treatment as set forth in a
351	351	38 physician recommendation; and
352	352	39 (2) not more than twelve (12) marijuana plants.
353	353	40 (b) A qualified primary caregiver may possess, grow, or
354	354	41 cultivate not more than twelve (12) marijuana plants for use by a
355	355	42 qualified patient for whom the individual is the primary caregiver.
356	356	2023 IN 237—LS 6359/DI 106 9
357	357	1 Sec. 4. The medical licensing board may not take an adverse
358	358	2 action against a physician who makes a physician recommendation
359	359	3 in good faith under this article if the sole basis for taking the
360	360	4 adverse action is the physician recommendation.
361	361	5 SECTION 7. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
362	362	6 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
363	363	7 2023]:
364	364	8 ARTICLE 9. REGULATION OF MEDICAL MARIJUANA
365	365	9 Chapter 1. Definitions
366	366	10 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
367	367	11 article.
368	368	12 Chapter 2. General Provisions
369	369	13 Sec. 1. A regulatory agency to be named later is established as
370	370	14 an agency of the state for purposes of administering the medical
371	371	15 marijuana program.
372	372	16 Sec. 2. (a) The regulatory agency consists of:
373	373	17 (1) the regulatory agency committee;
374	374	18 (2) the executive director; and
375	375	19 (3) other employees necessary to carry out the duties of the
376	376	20 regulatory agency.
377	377	21 (b) The regulatory agency committee consists of four (4)
378	378	22 commissioners, who shall direct and oversee the operation of the
379	379	23 regulatory agency.
380	380	24 Sec. 3. (a) The regulatory agency commissioners shall be
381	381	25 appointed by the governor.
382	382	26 (b) A commissioner is eligible for reappointment.
383	383	27 (c) Not more than two (2) commissioners may belong to the
384	384	28 same political party.
385	385	29 (d) A commissioner shall be appointed to a four (4) year term.
386	386	30 (e) A commissioner serves the commissioner's term at the
387	387	31 pleasure of the governor.
388	388	32 Sec. 4. To be eligible for appointment as a commissioner, an
389	389	33 individual must have the following qualifications:
390	390	34 (1) The individual may not be employed by the state in any
391	391	35 other capacity.
392	392	36 (2) The individual must have good moral character.
393	393	37 (3) The individual must have been a resident of Indiana for at
394	394	38 least ten (10) years immediately preceding the appointment.
395	395	39 Sec. 5. The governor shall appoint one (1) commissioner to serve
396	396	40 as chairperson of the regulatory agency committee, and one (1)
397	397	41 commissioner to serve as vice chairperson. The vice chairperson
398	398	42 shall act as the chairperson if the chairperson is unable to attend
399	399	2023 IN 237—LS 6359/DI 106 10
400	400	1 a meeting of the regulatory agency committee.
401	401	2 Sec. 6. A commissioner appointed to fill a vacancy in the
402	402	3 membership of the regulatory agency committee shall serve only
403	403	4 for the unexpired part of the original, vacated term. In all other
404	404	5 respects, an appointment to fill a vacancy shall be made in the
405	405	6 same manner that an original appointment is made.
406	406	7 Sec. 7. As compensation for services, each commissioner is
407	407	8 entitled to the minimum salary per diem provided by
408	408	9 IC 4-10-11-2.1(b). A commissioner is also entitled to
409	409	10 reimbursement for traveling expenses as provided under
410	410	11 IC 4-13-1-4 and other expenses actually incurred in connection
411	411	12 with the commissioner's duties as provided in the state policies and
412	412	13 procedures established by the Indiana department of
413	413	14 administration and approved by the budget agency.
414	414	15 Sec. 8. Each commissioner shall execute:
415	415	16 (1) a surety bond in the amount of ten thousand dollars
416	416	17 ($10,000), with surety approved by the governor; and
417	417	18 (2) an oath of office.
418	418	19 The surety bond and the oath of office shall be filed in the office of
419	419	20 the secretary of state.
420	420	21 Sec. 9. The required surety bond executed and filed on behalf of
421	421	22 a commissioner shall be made payable to the state of Indiana and
422	422	23 conditioned upon the faithful discharge of the commissioner's
423	423	24 duties.
424	424	25 Sec. 10. The regulatory agency committee shall hold meetings at
425	425	26 the call of the chairperson. The regulatory agency committee may
426	426	27 establish rules governing meetings.
427	427	28 Sec. 11. (a) Three (3) regulatory agency commissioners
428	428	29 constitute a quorum for the transaction of business.
429	429	30 (b) Each commissioner has one (1) vote.
430	430	31 (c) Action of the regulatory agency committee may be taken
431	431	32 only upon the affirmative votes of at least two (2) commissioners.
432	432	33 If a vote is a tie, the position for which the chairperson voted
433	433	34 prevails, as long as that position has received the affirmative votes
434	434	35 of at least two (2) commissioners.
435	435	36 Sec. 12. A commissioner may not solicit or accept a political
436	436	37 contribution from a qualified patient, qualified primary caregiver,
437	437	38 or any individual or entity that has a permit or has applied for a
438	438	39 permit issued by the regulatory agency. However, the right of a
439	439	40 commissioner to vote as the commissioner chooses and to express
440	440	41 the commissioner's opinions on political subjects and candidates
441	441	42 may not be impaired.
442	442	2023 IN 237—LS 6359/DI 106 11
443	443	1 Chapter 3. Employees and Administration
444	444	2 Sec. 1. (a) The regulatory agency committee shall appoint an
445	445	3 executive director to assist the regulatory agency in the efficient
446	446	4 administration of its powers and duties.
447	447	5 (b) The regulatory agency committee shall fix the salary of the
448	448	6 executive director, subject to the approval of the budget agency.
449	449	7 Sec. 2. The regulatory agency has the power to employ all
450	450	8 necessary employees, determine their duties, and, subject to the
451	451	9 approval of the regulatory agency committee and the budget
452	452	10 agency, fix their salaries.
453	453	11 Chapter 4. Powers and Duties
454	454	12 Sec. 1. The chairperson is the presiding officer at the meetings
455	455	13 of the regulatory agency committee. The chairperson, together
456	456	14 with the executive director, shall prepare, certify, and authenticate
457	457	15 all proceedings, minutes, records, rules, and regulations of the
458	458	16 regulatory agency committee. The chairperson shall also perform
459	459	17 all other duties as imposed on the chairperson by this article.
460	460	18 Sec. 2. The regulatory agency has the power to organize its
461	461	19 work, to enforce and administer this article and IC 7.1-8, and to
462	462	20 enforce and administer the rules adopted by the regulatory agency.
463	463	21 Sec. 3. The regulatory agency shall adopt rules under IC 4-22-2
464	464	22 to prescribe the forms for all applications, documents, permits,
465	465	23 medical marijuana cards, and licenses used in the administration
466	466	24 of this article and IC 7.1-8.
467	467	25 Sec. 4. The regulatory agency has the following powers:
468	468	26 (1) To hold hearings before the regulatory agency or its
469	469	27 representative.
470	470	28 (2) To take testimony and receive evidence.
471	471	29 (3) To conduct inquiries with or without a hearing.
472	472	30 (4) To receive reports of investigators or other governmental
473	473	31 officers and employees.
474	474	32 (5) To administer oaths.
475	475	33 (6) To subpoena witnesses and to compel them to appear and
476	476	34 testify.
477	477	35 (7) To certify copies of records of the regulatory agency or
478	478	36 any other document or record on file with the regulatory
479	479	37 agency.
480	480	38 (8) To fix the form, mode, manner, time, and number of times
481	481	39 for the posting or publication of any required notices if not
482	482	40 otherwise provided.
483	483	41 (9) To adopt rules under IC 4-22-2 to carry out this article
484	484	42 and IC 7.1-8.
485	485	2023 IN 237—LS 6359/DI 106 12
486	486	1 Sec. 5. The regulatory agency has the following duties:
487	487	2 (1) To establish the medical marijuana program described in
488	488	3 IC 7.1-8 and to adopt all necessary rules to implement the
489	489	4 program.
490	490	5 (2) To implement protocols for the application and issuance
491	491	6 of a medical marijuana card, including protocols to:
492	492	7 (A) prevent fraud;
493	493	8 (B) ensure the accuracy of information contained in the
494	494	9 application; and
495	495	10 (C) protect the privacy of an applicant.
496	496	11 (3) To advise the general assembly concerning the
497	497	12 establishment of a program for the:
498	498	13 (A) manufacture;
499	499	14 (B) cultivation;
500	500	15 (C) transportation; and
501	501	16 (D) dispensing;
502	502	17 of medical marijuana.
503	503	18 (4) To encourage research concerning medical marijuana and
504	504	19 issue licenses as described in IC 7.1-9-5.
505	505	20 Chapter 5. Research and Development
506	506	21 Sec. 1. To permit and encourage research concerning medical
507	507	22 marijuana:
508	508	23 (1) an accredited institution of higher education with a
509	509	24 physical presence in Indiana; and
510	510	25 (2) a pharmaceutical or agricultural business having a
511	511	26 research facility in Indiana;
512	512	27 may apply to the regulatory agency for a license to conduct
513	513	28 research concerning medical marijuana.
514	514	29 Sec. 2. An application under this chapter must include the
515	515	30 following:
516	516	31 (1) The nature of the research project.
517	517	32 (2) The names of the individuals who will conduct the
518	518	33 research project.
519	519	34 (3) The approximate quantity of marijuana that will be used
520	520	35 in the research project.
521	521	36 (4) The security protocol to be implemented to ensure that
522	522	37 marijuana is not diverted for uses other than the research
523	523	38 project.
524	524	39 (5) Any other information required by the regulatory agency.
525	525	40 Sec. 3. Upon receipt of a completed application, the regulatory
526	526	41 agency may issue a research license to the accredited institution of
527	527	42 higher education or pharmaceutical or agricultural business. The
528	528	2023 IN 237—LS 6359/DI 106 13
529	529	1 research license must specifically list the names of each individual
530	530	2 participating in the research project who will have custody or
531	531	3 control of marijuana for research purposes and the approximate
532	532	4 quantity of the marijuana that will be used in the research project.
533	533	5 Sec. 4. The regulatory agency may charge a reasonable fee for
534	534	6 issuance of a research license.
535	535	7 SECTION 8. IC 15-16-7-8 IS REPEALED [EFFECTIVE JULY 1,
536	536	8 2023]. Sec. 8. In addition to the weed control board's powers and duties
537	537	9 under section 7 of this chapter, the weed control board may establish
538	538	10 a marijuana eradication program to eliminate and destroy wild
539	539	11 marijuana plants within the county. The program is funded by amounts
540	540	12 appropriated by the county:
541	541	13 (1) under IC 33-37-8; and
542	542	14 (2) from the county general fund.
543	543	15 SECTION 9. IC 33-37-4-1, AS AMENDED BY P.L.24-2018,
544	544	16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
545	545	17 JULY 1, 2023]: Sec. 1. (a) For each action that results in a felony
546	546	18 conviction under IC 35-50-2 or a misdemeanor conviction under
547	547	19 IC 35-50-3, the clerk shall collect from the defendant a criminal costs
548	548	20 fee of one hundred twenty dollars ($120).
549	549	21 (b) In addition to the criminal costs fee collected under this section,
550	550	22 the clerk shall collect from the defendant the following fees if they are
551	551	23 required under IC 33-37-5:
552	552	24 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
553	553	25 IC 33-37-5-4).
554	554	26 (2) A marijuana eradication program fee (IC 33-37-5-7).
555	555	27 (3) (2) An alcohol and drug services program fee (IC
556	556	28 33-37-5-8(b)).
557	557	29 (4) (3) A law enforcement continuing education program fee (IC
558	558	30 33-37-5-8(c)).
559	559	31 (5) (4) A drug abuse, prosecution, interdiction, and correction fee
560	560	32 (IC 33-37-5-9).
561	561	33 (6) (5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
562	562	34 (7) (6) A child abuse prevention fee (IC 33-37-5-12).
563	563	35 (8) (7) A domestic violence prevention and treatment fee (IC
564	564	36 33-37-5-13).
565	565	37 (9) (8) A highway worksite zone fee (IC 33-37-5-14).
566	566	38 (10) (9) A deferred prosecution fee (IC 33-37-5-17).
567	567	39 (11) (10) A document storage fee (IC 33-37-5-20).
568	568	40 (12) (11) An automated record keeping fee (IC 33-37-5-21).
569	569	41 (13) (12) A late payment fee (IC 33-37-5-22).
570	570	42 (14) (13) A sexual assault victims assistance fee (IC 33-37-5-23).
571	571	2023 IN 237—LS 6359/DI 106 14
572	572	1 (15) (14) A public defense administration fee (IC 33-37-5-21.2).
573	573	2 (16) (15) A judicial insurance adjustment fee (IC 33-37-5-25).
574	574	3 (17) (16) A judicial salaries fee (IC 33-37-5-26).
575	575	4 (18) (17) A court administration fee (IC 33-37-5-27).
576	576	5 (19) (18) A DNA sample processing fee (IC 33-37-5-26.2).
577	577	6 (c) Instead of the criminal costs fee prescribed by this section,
578	578	7 except for the automated record keeping fee (IC 33-37-5-21), the clerk
579	579	8 shall collect a pretrial diversion program fee if an agreement between
580	580	9 the prosecuting attorney and the accused person entered into under
581	581	10 IC 33-39-1-8 requires payment of those fees by the accused person.
582	582	11 The pretrial diversion program fee is:
583	583	12 (1) an initial user's fee of fifty dollars ($50) for a misdemeanor
584	584	13 offense;
585	585	14 (2) an initial user's fee of seventy-five dollars ($75) for a felony
586	586	15 offense;
587	587	16 (3) a monthly user's fee of twenty dollars ($20) for each month
588	588	17 that the person remains in the pretrial diversion program; and
589	589	18 (4) any additional program fee or cost that is:
590	590	19 (A) reasonably related to the person's rehabilitation; and
591	591	20 (B) approved by the court.
592	592	21 A monthly user fee may not be collected beyond the maximum length
593	593	22 of the possible sentence.
594	594	23 (d) The clerk shall transfer to the county auditor or city or town
595	595	24 fiscal officer the following fees, not later than thirty (30) days after the
596	596	25 fees are collected:
597	597	26 (1) The pretrial diversion fee.
598	598	27 (2) The marijuana eradication program fee.
599	599	28 (3) (2) The alcohol and drug services program fee.
600	600	29 (4) (3) The law enforcement continuing education program fee.
601	601	30 The auditor or fiscal officer shall deposit fees transferred under this
602	602	31 subsection in the appropriate user fee fund established under
603	603	32 IC 33-37-8.
604	604	33 (e) Unless otherwise directed by a court, if a clerk collects only part
605	605	34 of a criminal costs fee from a defendant under this section, the clerk
606	606	35 shall distribute the partial payment of the criminal costs fee as follows:
607	607	36 (1) The clerk shall apply the partial payment to general court
608	608	37 costs.
609	609	38 (2) If there is money remaining after the partial payment is
610	610	39 applied to general court costs under subdivision (1), the clerk
611	611	40 shall distribute the remainder of the partial payment for deposit in
612	612	41 the appropriate county user fee fund.
613	613	42 (3) If there is money remaining after distribution under
614	614	2023 IN 237—LS 6359/DI 106 15
615	615	1 subdivision (2), the clerk shall distribute the remainder of the
616	616	2 partial payment for deposit in the state user fee fund.
617	617	3 (4) If there is money remaining after distribution under
618	618	4 subdivision (3), the clerk shall distribute the remainder of the
619	619	5 partial payment to any other applicable user fee fund.
620	620	6 (5) If there is money remaining after distribution under
621	621	7 subdivision (4), the clerk shall apply the remainder of the partial
622	622	8 payment to any outstanding fines owed by the defendant.
623	623	9 SECTION 10. IC 33-37-4-3, AS AMENDED BY P.L.85-2017,
624	624	10 SECTION 110, IS AMENDED TO READ AS FOLLOWS
625	625	11 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The clerk shall collect a
626	626	12 juvenile costs fee of one hundred twenty dollars ($120) for each action
627	627	13 filed under any of the following:
628	628	14 (1) IC 31-34 (children in need of services).
629	629	15 (2) IC 31-37 (delinquent children).
630	630	16 (3) IC 31-14 (paternity).
631	631	17 (b) In addition to the juvenile costs fee collected under this section,
632	632	18 the clerk shall collect the following fees, if they are required under
633	633	19 IC 33-37-5:
634	634	20 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
635	635	21 IC 33-37-5-4).
636	636	22 (2) A marijuana eradication program fee (IC 33-37-5-7).
637	637	23 (3) (2) An alcohol and drug services program fee (IC
638	638	24 33-37-5-8(b)).
639	639	25 (4) (3) A law enforcement continuing education program fee (IC
640	640	26 33-37-5-8(c)).
641	641	27 (5) (4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
642	642	28 (6) (5) A document storage fee (IC 33-37-5-20).
643	643	29 (7) (6) An automated record keeping fee (IC 33-37-5-21).
644	644	30 (8) (7) A late payment fee (IC 33-37-5-22).
645	645	31 (9) (8) A public defense administration fee (IC 33-37-5-21.2).
646	646	32 (10) (9) A judicial insurance adjustment fee (IC 33-37-5-25).
647	647	33 (11) (10) A judicial salaries fee (IC 33-37-5-26).
648	648	34 (12) (11) A court administration fee (IC 33-37-5-27).
649	649	35 (13) (12) A DNA sample processing fee (IC 33-37-5-26.2).
650	650	36 (c) The clerk shall transfer to the county auditor or city or town
651	651	37 fiscal officer the following fees not later than thirty (30) days after they
652	652	38 are collected:
653	653	39 (1) The marijuana eradication program fee (IC 33-37-5-7).
654	654	40 (2) (1) The alcohol and drug services program fee (IC
655	655	41 33-37-5-8(b)).
656	656	42 (3) (2) The law enforcement continuing education program fee
657	657	2023 IN 237—LS 6359/DI 106 16
658	658	1 (IC 33-37-5-8(c)).
659	659	2 The auditor or fiscal officer shall deposit the fees in the appropriate
660	660	3 user fee fund established under IC 33-37-8.
661	661	4 SECTION 11. IC 33-37-5-7 IS REPEALED [EFFECTIVE JULY 1,
662	662	5 2023]. Sec. 7. (a) This section applies to criminal actions.
663	663	6 (b) The clerk shall collect the marijuana eradication program fee set
664	664	7 by the court under IC 15-16-7-8, if:
665	665	8 (1) a weed control board has been established in the county under
666	666	9 IC 15-16-7-3; and
667	667	10 (2) the person has been convicted of an offense under IC 35-48-4
668	668	11 in a case prosecuted in that county.
669	669	12 (c) The court may set a fee under this section of not more than three
670	670	13 hundred dollars ($300).
671	671	14 SECTION 12. IC 33-37-7-2, AS AMENDED BY P.L.174-2022,
672	672	15 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
673	673	16 JULY 1, 2023]: Sec. 2. (a) The clerk of a circuit court shall distribute
674	674	17 semiannually to the auditor of state as the state share for deposit in the
675	675	18 homeowner protection unit account established by IC 4-6-12-9 one
676	676	19 hundred percent (100%) of the automated record keeping fees collected
677	677	20 under IC 33-37-5-21 with respect to actions resulting in the accused
678	678	21 person entering into a pretrial diversion program agreement under
679	679	22 IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1 and
680	680	23 for deposit in the state general fund seventy percent (70%) of the
681	681	24 amount of fees collected under the following:
682	682	25 (1) IC 33-37-4-1(a) (criminal costs fees).
683	683	26 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
684	684	27 (3) IC 33-37-4-3(a) (juvenile costs fees).
685	685	28 (4) IC 33-37-4-4(a) (civil costs fees).
686	686	29 (5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
687	687	30 (6) IC 33-37-4-7(a) (probate costs fees).
688	688	31 (7) IC 33-37-5-17 (deferred prosecution fees).
689	689	32 (b) The clerk of a circuit court shall distribute semiannually to the
690	690	33 auditor of state for deposit in the state user fee fund established in
691	691	34 IC 33-37-9-2 the following:
692	692	35 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
693	693	36 interdiction, and correction fees collected under
694	694	37 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
695	695	38 (2) Twenty-five percent (25%) of the alcohol and drug
696	696	39 countermeasures fees collected under IC 33-37-4-1(b)(6),
697	697	40 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
698	698	41 IC 33-37-4-3(b)(4).
699	699	42 (3) One hundred percent (100%) of the child abuse prevention
700	700	2023 IN 237—LS 6359/DI 106 17
701	701	1 fees collected under IC 33-37-4-1(b)(7). IC 33-37-4-1(b)(6).
702	702	2 (4) One hundred percent (100%) of the domestic violence
703	703	3 prevention and treatment fees collected under IC 33-37-4-1(b)(8).
704	704	4 IC 33-37-4-1(b)(7).
705	705	5 (5) One hundred percent (100%) of the highway worksite zone
706	706	6 fees collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
707	707	7 IC 33-37-4-2(b)(5).
708	708	8 (6) Seventy-five percent (75%) of the safe schools fee collected
709	709	9 under IC 33-37-5-18.
710	710	10 (7) One hundred percent (100%) of the automated record keeping
711	711	11 fee collected under IC 33-37-5-21 not distributed under
712	712	12 subsection (a).
713	713	13 (c) The clerk of a circuit court shall distribute monthly to the county
714	714	14 auditor the following:
715	715	15 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
716	716	16 interdiction, and correction fees collected under
717	717	17 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
718	718	18 (2) Seventy-five percent (75%) of the alcohol and drug
719	719	19 countermeasures fees collected under IC 33-37-4-1(b)(6),
720	720	20 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
721	721	21 IC 33-37-4-3(b)(4).
722	722	22 The county auditor shall deposit fees distributed by a clerk under this
723	723	23 subsection into the county drug free community fund established under
724	724	24 IC 5-2-11.
725	725	25 (d) The clerk of a circuit court shall distribute monthly to the county
726	726	26 auditor one hundred percent (100%) of the late payment fees collected
727	727	27 under IC 33-37-5-22. The county auditor shall deposit fees distributed
728	728	28 by a clerk under this subsection as follows:
729	729	29 (1) If directed to do so by an ordinance adopted by the county
730	730	30 fiscal body, the county auditor shall deposit forty percent (40%)
731	731	31 of the fees in the clerk's record perpetuation fund established
732	732	32 under IC 33-37-5-2 and sixty percent (60%) of the fees in the
733	733	33 county general fund.
734	734	34 (2) If the county fiscal body has not adopted an ordinance
735	735	35 described in subdivision (1), the county auditor shall deposit all
736	736	36 the fees in the county general fund.
737	737	37 (e) The clerk of the circuit court shall distribute semiannually to the
738	738	38 auditor of state for deposit in the sexual assault victims assistance fund
739	739	39 established by IC 5-2-6-23(d) one hundred percent (100%) of the
740	740	40 sexual assault victims assistance fees collected under IC 33-37-5-23.
741	741	41 (f) The clerk of a circuit court shall distribute monthly to the county
742	742	42 auditor the following:
743	743	2023 IN 237—LS 6359/DI 106 18
744	744	1 (1) One hundred percent (100%) of the support and maintenance
745	745	2 fees for cases designated as non-Title IV-D child support cases in
746	746	3 the Indiana support enforcement tracking system (ISETS) or the
747	747	4 successor statewide automated support enforcement system
748	748	5 collected under IC 33-37-5-6.
749	749	6 (2) The percentage share of the support and maintenance fees for
750	750	7 cases designated as Title IV-D child support cases in ISETS or the
751	751	8 successor statewide automated support enforcement system
752	752	9 collected under IC 33-37-5-6 that is reimbursable to the county at
753	753	10 the federal financial participation rate.
754	754	11 The county clerk shall distribute monthly to the department of child
755	755	12 services the percentage share of the support and maintenance fees for
756	756	13 cases designated as Title IV-D child support cases in ISETS, or the
757	757	14 successor statewide automated support enforcement system, collected
758	758	15 under IC 33-37-5-6 that is not reimbursable to the county at the
759	759	16 applicable federal financial participation rate.
760	760	17 (g) The clerk of a circuit court shall distribute monthly to the county
761	761	18 auditor the following:
762	762	19 (1) One hundred percent (100%) of the small claims service fee
763	763	20 under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
764	764	21 the county general fund.
765	765	22 (2) One hundred percent (100%) of the small claims garnishee
766	766	23 service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
767	767	24 deposit in the county general fund.
768	768	25 (3) Twenty-five percent (25%) of the safe schools fee collected
769	769	26 under IC 33-37-5-18 for deposit in the county general fund.
770	770	27 (h) This subsection does not apply to court administration fees
771	771	28 collected in small claims actions filed in a court described in IC 33-34.
772	772	29 The clerk of a circuit court shall semiannually distribute to the auditor
773	773	30 of state for deposit in the state general fund one hundred percent
774	774	31 (100%) of the following:
775	775	32 (1) The public defense administration fee collected under
776	776	33 IC 33-37-5-21.2.
777	777	34 (2) The judicial salaries fees collected under IC 33-37-5-26.
778	778	35 (3) The DNA sample processing fees collected under
779	779	36 IC 33-37-5-26.2.
780	780	37 (4) The court administration fees collected under IC 33-37-5-27.
781	781	38 (5) The judicial insurance adjustment fee collected under
782	782	39 IC 33-37-5-25.
783	783	40 (i) The proceeds of the service fee collected under
784	784	41 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
785	785	42 follows:
786	786	2023 IN 237—LS 6359/DI 106 19
787	787	1 (1) The clerk shall distribute one hundred percent (100%) of the
788	788	2 service fees collected in a circuit, superior, county, or probate
789	789	3 court to the county auditor for deposit in the county general fund.
790	790	4 (2) The clerk shall distribute one hundred percent (100%) of the
791	791	5 service fees collected in a city or town court to the city or town
792	792	6 fiscal officer for deposit in the city or town general fund.
793	793	7 (j) The proceeds of the garnishee service fee collected under
794	794	8 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
795	795	9 follows:
796	796	10 (1) The clerk shall distribute one hundred percent (100%) of the
797	797	11 garnishee service fees collected in a circuit, superior, county, or
798	798	12 probate court to the county auditor for deposit in the county
799	799	13 general fund.
800	800	14 (2) The clerk shall distribute one hundred percent (100%) of the
801	801	15 garnishee service fees collected in a city or town court to the city
802	802	16 or town fiscal officer for deposit in the city or town general fund.
803	803	17 (k) The clerk of the circuit court shall distribute semiannually to the
804	804	18 auditor of state for deposit in the home ownership education account
805	805	19 established by IC 5-20-1-27 one hundred percent (100%) of the
806	806	20 following:
807	807	21 (1) The mortgage foreclosure counseling and education fees
808	808	22 collected under IC 33-37-5-33 (before its expiration on July 1,
809	809	23 2017).
810	810	24 (2) Any civil penalties imposed and collected by a court for a
811	811	25 violation of a court order in a foreclosure action under
812	812	26 IC 32-30-10.5.
813	813	27 (l) The clerk of a circuit court shall distribute semiannually to the
814	814	28 auditor of state one hundred percent (100%) of the pro bono legal
815	815	29 services fees collected before July 1, 2025, under IC 33-37-5-31. The
816	816	30 auditor of state shall transfer semiannually the pro bono legal services
817	817	31 fees to the Indiana Bar Foundation (or a successor entity) as the entity
818	818	32 designated to organize and administer the interest on lawyers trust
819	819	33 accounts (IOLTA) program under Rule 1.15 of the Rules of
820	820	34 Professional Conduct of the Indiana supreme court. The Indiana Bar
821	821	35 Foundation shall:
822	822	36 (1) deposit in an appropriate account and otherwise manage the
823	823	37 fees the Indiana Bar Foundation receives under this subsection in
824	824	38 the same manner the Indiana Bar Foundation deposits and
825	825	39 manages the net earnings the Indiana Bar Foundation receives
826	826	40 from IOLTA accounts; and
827	827	41 (2) use the fees the Indiana Bar Foundation receives under this
828	828	42 subsection to assist or establish approved pro bono legal services
829	829	2023 IN 237—LS 6359/DI 106 20
830	830	1 programs.
831	831	2 The handling and expenditure of the pro bono legal services fees
832	832	3 received under this section by the Indiana Bar Foundation (or its
833	833	4 successor entity) are subject to audit by the state board of accounts. The
834	834	5 amounts necessary to make the transfers required by this subsection are
835	835	6 appropriated from the state general fund.
836	836	7 SECTION 13. IC 33-37-7-8, AS AMENDED BY P.L.174-2022,
837	837	8 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
838	838	9 JULY 1, 2023]: Sec. 8. (a) The clerk of a city or town court shall
839	839	10 distribute semiannually to the auditor of state as the state share for
840	840	11 deposit in the homeowner protection unit account established by
841	841	12 IC 4-6-12-9 one hundred percent (100%) of the automated record
842	842	13 keeping fees collected under IC 33-37-5-21 with respect to actions
843	843	14 resulting in the accused person entering into a pretrial diversion
844	844	15 program agreement under IC 33-39-1-8 or a deferral program
845	845	16 agreement under IC 34-28-5-1 and for deposit in the state general fund
846	846	17 fifty-five percent (55%) of the amount of fees collected under the
847	847	18 following:
848	848	19 (1) IC 33-37-4-1(a) (criminal costs fees).
849	849	20 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
850	850	21 (3) IC 33-37-4-4(a) (civil costs fees).
851	851	22 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
852	852	23 (5) IC 33-37-5-17 (deferred prosecution fees).
853	853	24 (b) The city or town fiscal officer shall distribute monthly to the
854	854	25 county auditor as the county share twenty percent (20%) of the amount
855	855	26 of fees collected under the following:
856	856	27 (1) IC 33-37-4-1(a) (criminal costs fees).
857	857	28 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
858	858	29 (3) IC 33-37-4-4(a) (civil costs fees).
859	859	30 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
860	860	31 (5) IC 33-37-5-17 (deferred prosecution fees).
861	861	32 (c) The city or town fiscal officer shall retain twenty-five percent
862	862	33 (25%) as the city or town share of the fees collected under the
863	863	34 following:
864	864	35 (1) IC 33-37-4-1(a) (criminal costs fees).
865	865	36 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
866	866	37 (3) IC 33-37-4-4(a) (civil costs fees).
867	867	38 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
868	868	39 (5) IC 33-37-5-17 (deferred prosecution fees).
869	869	40 (d) The clerk of a city or town court shall distribute semiannually to
870	870	41 the auditor of state for deposit in the state user fee fund established in
871	871	42 IC 33-37-9 the following:
872	872	2023 IN 237—LS 6359/DI 106 21
873	873	1 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
874	874	2 interdiction, and correction fees collected under
875	875	3 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
876	876	4 (2) Twenty-five percent (25%) of the alcohol and drug
877	877	5 countermeasures fees collected under IC 33-37-4-1(b)(6),
878	878	6 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
879	879	7 IC 33-37-4-3(b)(4).
880	880	8 (3) One hundred percent (100%) of the highway worksite zone
881	881	9 fees collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
882	882	10 IC 33-37-4-2(b)(5).
883	883	11 (4) Seventy-five percent (75%) of the safe schools fee collected
884	884	12 under IC 33-37-5-18.
885	885	13 (5) One hundred percent (100%) of the automated record keeping
886	886	14 fee collected under IC 33-37-5-21 not distributed under
887	887	15 subsection (a).
888	888	16 (e) The clerk of a city or town court shall distribute monthly to the
889	889	17 county auditor the following:
890	890	18 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
891	891	19 interdiction, and correction fees collected under
892	892	20 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
893	893	21 (2) Seventy-five percent (75%) of the alcohol and drug
894	894	22 countermeasures fees collected under IC 33-37-4-1(b)(6),
895	895	23 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
896	896	24 IC 33-37-4-3(b)(4).
897	897	25 The county auditor shall deposit fees distributed by a clerk under this
898	898	26 subsection into the county drug free community fund established under
899	899	27 IC 5-2-11.
900	900	28 (f) The clerk of a city or town court shall distribute monthly to the
901	901	29 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
902	902	30 percent (100%) of the following:
903	903	31 (1) The late payment fees collected under IC 33-37-5-22.
904	904	32 (2) The small claims service fee collected under
905	905	33 IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
906	906	34 (3) The small claims garnishee service fee collected under
907	907	35 IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
908	908	36 (4) Twenty-five percent (25%) of the safe schools fee collected
909	909	37 under IC 33-37-5-18.
910	910	38 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
911	911	39 fees distributed by a clerk under this subsection in the city or town
912	912	40 general fund.
913	913	41 (g) The clerk of a city or town court shall semiannually distribute to
914	914	42 the auditor of state for deposit in the state general fund one hundred
915	915	2023 IN 237—LS 6359/DI 106 22
916	916	1 percent (100%) of the following:
917	917	2 (1) The public defense administration fee collected under
918	918	3 IC 33-37-5-21.2.
919	919	4 (2) The DNA sample processing fees collected under
920	920	5 IC 33-37-5-26.2.
921	921	6 (3) The court administration fees collected under IC 33-37-5-27.
922	922	7 (4) The judicial insurance adjustment fee collected under
923	923	8 IC 33-37-5-25.
924	924	9 (h) The clerk of a city or town court shall semiannually distribute to
925	925	10 the auditor of state for deposit in the state general fund seventy-five
926	926	11 percent (75%) of the judicial salaries fee collected under
927	927	12 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
928	928	13 percent (25%) of the judicial salaries fee collected under
929	929	14 IC 33-37-5-26. The funds retained by the city or town shall be
930	930	15 prioritized to fund city or town court operations.
931	931	16 (i) The clerk of a city or town court shall distribute semiannually to
932	932	17 the auditor of state one hundred percent (100%) of the pro bono legal
933	933	18 services fees collected before July 1, 2025, under IC 33-37-5-31. The
934	934	19 auditor of state shall transfer semiannually the pro bono legal services
935	935	20 fees to the Indiana Bar Foundation (or a successor entity) as the entity
936	936	21 designated to organize and administer the interest on lawyers trust
937	937	22 accounts (IOLTA) program under Rule 1.15 of the Rules of
938	938	23 Professional Conduct of the Indiana supreme court. The Indiana Bar
939	939	24 Foundation shall:
940	940	25 (1) deposit in an appropriate account and otherwise manage the
941	941	26 fees the Indiana Bar Foundation receives under this subsection in
942	942	27 the same manner the Indiana Bar Foundation deposits and
943	943	28 manages the net earnings the Indiana Bar Foundation receives
944	944	29 from IOLTA accounts; and
945	945	30 (2) use the fees the Indiana Bar Foundation receives under this
946	946	31 subsection to assist or establish approved pro bono legal services
947	947	32 programs.
948	948	33 The handling and expenditure of the pro bono legal services fees
949	949	34 received under this section by the Indiana Bar Foundation (or its
950	950	35 successor entity) are subject to audit by the state board of accounts. The
951	951	36 amounts necessary to make the transfers required by this subsection are
952	952	37 appropriated from the state general fund.
953	953	38 SECTION 14. IC 33-37-8-5, AS AMENDED BY P.L.101-2022,
954	954	39 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
955	955	40 JULY 1, 2023]: Sec. 5. (a) A county user fee fund is established in each
956	956	41 county to finance various program services. The county fund is
957	957	42 administered by the county auditor.
958	958	2023 IN 237—LS 6359/DI 106 23
959	959	1 (b) The county fund consists of the following fees collected by a
960	960	2 clerk under this article:
961	961	3 (1) The pretrial diversion program fee.
962	962	4 (2) The marijuana eradication program fee.
963	963	5 (3) (2) The alcohol and drug services program fee.
964	964	6 (4) (3) The law enforcement continuing education program fee.
965	965	7 (5) (4) The deferral program fee.
966	966	8 (6) (5) The jury fee.
967	967	9 (7) (6) The problem solving court fee.
968	968	10 (c) All of the jury fee and two dollars ($2) of a deferral program fee
969	969	11 collected under IC 33-37-4-2(e) shall be deposited by the county
970	970	12 auditor in the jury pay fund established under IC 33-37-11.
971	971	13 SECTION 15. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
972	972	14 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
973	973	15 JULY 1, 2023]: Sec. 8.3. (a) This section does not apply to a rolling
974	974	16 paper.
975	975	17 (b) A person who knowingly or intentionally possesses an
976	976	18 instrument, a device, or another object that the person intends to use
977	977	19 for:
978	978	20 (1) introducing into the person's body a controlled substance;
979	979	21 (2) testing the strength, effectiveness, or purity of a controlled
980	980	22 substance; or
981	981	23 (3) enhancing the effect of a controlled substance;
982	982	24 commits a Class C misdemeanor. However, the offense is a Class A
983	983	25 misdemeanor if the person has a prior unrelated judgment or conviction
984	984	26 under this section.
985	985	27 (c) It is a defense to an action or prosecution under this section
986	986	28 that:
987	987	29 (1) the person who possesses the instrument, device, or other
988	988	30 object is a:
989	989	31 (A) qualified patient (as defined in IC 7.1-8-1) or qualified
990	990	32 primary caregiver (as defined in IC 7.1-8-1); or
991	991	33 (B) person listed on a valid marijuana research license
992	992	34 issued by the regulatory agency under IC 7.1-9; and
993	993	35 (2) the instrument, device, or other object is for the use of
994	994	36 medical marijuana or research relating to the use of medical
995	995	37 marijuana.
996	996	38 SECTION 16. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
997	997	39 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
998	998	40 JULY 1, 2023]: Sec. 10. (a) A person who:
999	999	41 (1) knowingly or intentionally:
1000	1000	42 (A) manufactures;
1001	1001	2023 IN 237—LS 6359/DI 106 24
1002	1002	1 (B) finances the manufacture of;
1003	1003	2 (C) delivers; or
1004	1004	3 (D) finances the delivery of;
1005	1005	4 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
1006	1006	5 (2) possesses, with intent to:
1007	1007	6 (A) manufacture;
1008	1008	7 (B) finance the manufacture of;
1009	1009	8 (C) deliver; or
1010	1010	9 (D) finance the delivery of;
1011	1011	10 marijuana, hash oil, hashish, or salvia, pure or adulterated;
1012	1012	11 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
1013	1013	12 misdemeanor, except as provided in subsections (b) through (d).
1014	1014	13 (b) A person may be convicted of an offense under subsection (a)(2)
1015	1015	14 only if:
1016	1016	15 (1) there is evidence in addition to the weight of the drug that the
1017	1017	16 person intended to manufacture, finance the manufacture of,
1018	1018	17 deliver, or finance the delivery of the drug; or
1019	1019	18 (2) the amount of the drug involved is at least:
1020	1020	19 (A) ten (10) pounds, if the drug is marijuana; or
1021	1021	20 (B) three hundred (300) grams, if the drug is hash oil, hashish,
1022	1022	21 or salvia.
1023	1023	22 (c) The offense is a Level 6 felony if:
1024	1024	23 (1) the person has a prior conviction for a drug offense and the
1025	1025	24 amount of the drug involved is:
1026	1026	25 (A) less than thirty (30) grams of marijuana; or
1027	1027	26 (B) less than five (5) grams of hash oil, hashish, or salvia; or
1028	1028	27 (2) the amount of the drug involved is:
1029	1029	28 (A) at least thirty (30) grams but less than ten (10) pounds of
1030	1030	29 marijuana; or
1031	1031	30 (B) at least five (5) grams but less than three hundred (300)
1032	1032	31 grams of hash oil, hashish, or salvia.
1033	1033	32 (d) The offense is a Level 5 felony if:
1034	1034	33 (1) the person has a prior conviction for a drug dealing offense
1035	1035	34 and the amount of the drug involved is:
1036	1036	35 (A) at least thirty (30) grams but less than ten (10) pounds of
1037	1037	36 marijuana; or
1038	1038	37 (B) at least five (5) grams but less than three hundred (300)
1039	1039	38 grams of hash oil, hashish, or salvia;
1040	1040	39 (2) the:
1041	1041	40 (A) amount of the drug involved is:
1042	1042	41 (i) at least ten (10) pounds of marijuana; or
1043	1043	42 (ii) at least three hundred (300) grams of hash oil, hashish,
1044	1044	2023 IN 237—LS 6359/DI 106 25
1045	1045	1 or salvia; or
1046	1046	2 (B) offense involved a sale to a minor; or
1047	1047	3 (3) the:
1048	1048	4 (A) person is a retailer;
1049	1049	5 (B) marijuana, hash oil, hashish, or salvia is packaged in a
1050	1050	6 manner that appears to be low THC hemp extract; and
1051	1051	7 (C) person knew or reasonably should have known that the
1052	1052	8 product was marijuana, hash oil, hashish, or salvia.
1053	1053	9 (e) It is a defense to a prosecution under this section for an
1054	1054	10 offense involving marijuana, hash oil, or hashish that the person is
1055	1055	11 a:
1056	1056	12 (1) qualified primary caregiver (as defined in IC 7.1-8-1), if:
1057	1057	13 (A) the possession or delivery of the marijuana, hash oil, or
1058	1058	14 hashish is permitted under IC 7.1-8-2-3; and
1059	1059	15 (B) the quantity of marijuana, hash oil, or hashish
1060	1060	16 possessed or delivered does not exceed the permissible
1061	1061	17 amounts set forth in IC 7.1-8-2-3; or
1062	1062	18 (2) person listed on a valid marijuana research license issued
1063	1063	19 by the regulatory agency under IC 7.1-9, if:
1064	1064	20 (A) the possession or delivery of the marijuana, hash oil, or
1065	1065	21 hashish is permitted by the research license issued by the
1066	1066	22 regulatory agency under IC 7.1-9-5; and
1067	1067	23 (B) the quantity of marijuana, hash oil, or hashish
1068	1068	24 possessed or delivered does not exceed the permissible
1069	1069	25 quantity authorized by the research license issued by the
1070	1070	26 regulatory agency.
1071	1071	27 SECTION 17. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
1072	1072	28 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1073	1073	29 JULY 1, 2023]: Sec. 11. (a) A person who:
1074	1074	30 (1) knowingly or intentionally possesses (pure or adulterated)
1075	1075	31 marijuana, hash oil, hashish, or salvia;
1076	1076	32 (2) knowingly or intentionally grows or cultivates marijuana; or
1077	1077	33 (3) knowing that marijuana is growing on the person's premises,
1078	1078	34 fails to destroy the marijuana plants;
1079	1079	35 commits possession of marijuana, hash oil, hashish, or salvia, a Class
1080	1080	36 B misdemeanor, except as provided in subsections (b) through (c).
1081	1081	37 (b) The offense described in subsection (a) is a Class A
1082	1082	38 misdemeanor if:
1083	1083	39 (1) the person has a prior conviction for a drug offense; or
1084	1084	40 (2) the:
1085	1085	41 (A) marijuana, hash oil, hashish, or salvia is packaged in a
1086	1086	42 manner that appears to be low THC hemp extract; and
1087	1087	2023 IN 237—LS 6359/DI 106 26
1088	1088	1 (B) person knew or reasonably should have known that the
1089	1089	2 product was marijuana, hash oil, hashish, or salvia.
1090	1090	3 (c) The offense described in subsection (a) is a Level 6 felony if:
1091	1091	4 (1) the person has a prior conviction for a drug offense; and
1092	1092	5 (2) the person possesses:
1093	1093	6 (A) at least thirty (30) grams of marijuana; or
1094	1094	7 (B) at least five (5) grams of hash oil, hashish, or salvia.
1095	1095	8 (d) It is a defense to a prosecution under this section for an
1096	1096	9 offense involving marijuana, hash oil, or hashish that the person is
1097	1097	10 a:
1098	1098	11 (1) qualified patient (as defined in IC 7.1-8-1) or qualified
1099	1099	12 primary caregiver (as defined in IC 7.1-8-1), if:
1100	1100	13 (A) the possession of the marijuana, hash oil, or hashish is
1101	1101	14 permitted under IC 7.1-8-2-2; and
1102	1102	15 (B) the quantity of marijuana, hash oil, or hashish
1103	1103	16 possessed or cultivated does not exceed the permissible
1104	1104	17 amounts set forth in IC 7.1-8-2-2; or
1105	1105	18 (2) person listed on a valid marijuana research license issued
1106	1106	19 by the regulatory agency under IC 7.1-9, if:
1107	1107	20 (A) the possession or cultivation of the marijuana, hash oil,
1108	1108	21 or hashish is permitted by the research license issued by
1109	1109	22 the regulatory agency under IC 7.1-9-5; and
1110	1110	23 (B) the quantity of marijuana, hash oil, or hashish
1111	1111	24 possessed or cultivated does not exceed the permissible
1112	1112	25 quantity authorized by the research license issued by the
1113	1113	26 regulatory agency.
1114	1114	27 SECTION 18. IC 35-52-7-97 IS ADDED TO THE INDIANA
1115	1115	28 CODE AS A NEW SECTION TO READ AS FOLLOWS
1116	1116	29 [EFFECTIVE JULY 1, 2023]: Sec. 97. IC 7.1-8-2-1 defines crimes
1117	1117	30 concerning medical marijuana.
1118	1118	2023 IN 237—LS 6359/DI 106