Introduced Version
SENATE BILL No. 237
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-5-48; IC 5-2-8; IC 6-7-3; IC 7.1-8; IC 7.1-9;
IC 15-16-7-8; IC 33-37; IC 35-48-4; IC 35-52-7-97.
Synopsis: Medical cannabis. Establishes a medical marijuana program
(program), and permits caregivers and patients who have received a
physician recommendation to possess a certain quantity of marijuana
for treatment of certain medical conditions. Establishes a regulatory
agency to oversee the program, and creates the regulatory agency
advisory committee to review the effectiveness of the program and to
consider recommendations from the regulatory agency. Authorizes the
regulatory agency to grant research licenses to research facilities with
a physical presence in Indiana. Repeals the controlled substance excise
tax and the marijuana eradication program. Makes conforming
amendments.
Effective: July 1, 2023.
Taylor G
January 11, 2023, read first time and referred to Committee on Health and Provider
Services.
2023 IN 237—LS 6359/DI 106 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 237
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-48 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2023]:
4 Chapter 48. Regulatory Agency Advisory Committee
5 Sec. 1. The following definitions apply throughout this chapter:
6 (1) "Advisory committee" means the regulatory agency
7 advisory committee established by section 2 of this chapter.
8 (2) "Regulatory agency" means the regulatory agency
9 established by IC 7.1-9-2-1.
10 Sec. 2. The regulatory agency advisory committee is established.
11 Sec. 3. (a) The advisory committee consists of the following four
12 (4) voting members and five (5) nonvoting members:
13 (1) One (1) legislative member appointed by the speaker of the
14 house of representatives.
15 (2) One (1) legislative member appointed by the minority
16 leader of the house of representatives.
17 (3) One (1) legislative member appointed by the president pro
2023 IN 237—LS 6359/DI 106 2
1 tempore of the senate.
2 (4) One (1) legislative member appointed by the minority
3 leader of the senate.
4 (5) One (1) representative of law enforcement, appointed as a
5 nonvoting member by the speaker of the house of
6 representatives.
7 (6) One (1) individual having experience in the treatment of
8 medical conditions by means of medical marijuana as a
9 patient, physician, or caregiver, appointed as a nonvoting
10 member by the president pro tempore of the senate.
11 (7) The commissioner of the department of state revenue or
12 the commissioner's designee, who serves as a nonvoting
13 member.
14 (8) The director of the department of agriculture or the
15 director's designee, who serves as a nonvoting member.
16 (9) The state health commissioner or the commissioner's
17 designee, who serves as a nonvoting member.
18 (b) The chairperson of the legislative council shall annually
19 select one (1) of the voting members to serve as chairperson.
20 Sec. 4. (a) A legislative member of the advisory committee may
21 be removed at any time by the appointing authority who appointed
22 the legislative member.
23 (b) If a vacancy exists on the advisory committee, the appointing
24 authority who appointed the former member whose position has
25 become vacant shall appoint an individual to fill the vacancy.
26 Sec. 5. Each member of the advisory committee is entitled to
27 receive the same per diem, mileage, and travel allowances paid to
28 individuals who serve as legislative and lay members, respectively,
29 of interim study committees established by the legislative council.
30 Sec. 6. The affirmative votes of a majority of the voting
31 members appointed to the advisory committee are required for the
32 advisory committee to take action on any measure, including final
33 reports.
34 Sec. 7. The advisory committee shall do the following:
35 (1) Review rules adopted by the regulatory agency.
36 (2) Review legislative proposals suggested by the regulatory
37 agency.
38 (3) Evaluate the medical marijuana research and development
39 program under IC 7.1-9-5.
40 (4) Evaluate the operation of the medical marijuana program.
41 (5) Consider any other matter that has bearing on the
42 operation of the medical marijuana program.
2023 IN 237—LS 6359/DI 106 3
1 SECTION 2. IC 5-2-8-5, AS AMENDED BY P.L.217-2017,
2 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 5. (a) There is established the state police training
4 fund. The fund consists of amounts collected under IC 33-37-4-1(b)(4),
5 IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4)
6 IC 33-37-4-3(b)(3) on behalf of the state police department.
7 (b) If the state police department files a claim under IC 33-37-8-4
8 or IC 33-37-8-6 against a city or town user fee fund or a county user fee
9 fund, the fiscal officer of the city or town or the county auditor shall
10 deposit fees collected under the cause numbers submitted by the state
11 police department into the state police training fund established under
12 this section.
13 (c) Claims against the state police training fund must be submitted
14 in accordance with IC 5-11-10.
15 (d) Money in excess of one hundred dollars ($100) that is
16 unencumbered and remains in the state police training fund for at least
17 one (1) entire calendar year from the date of its deposit shall, at the end
18 of the state's fiscal year, be deposited in the law enforcement academy
19 fund established under IC 5-2-1-13.
20 (e) As used in this subsection, "abuse" has the meaning set forth in
21 section 1(a) of this chapter. As a part of the state police department's
22 in-service training, the department shall provide to each law
23 enforcement officer employed by the department continuing education
24 concerning the following:
25 (1) Duties of a law enforcement officer in enforcing restraining
26 orders, protective orders, temporary injunctions, and permanent
27 injunctions involving abuse.
28 (2) Guidelines for making felony and misdemeanor arrests in
29 cases involving abuse.
30 (3) Techniques for handling incidents of abuse that:
31 (A) minimize the likelihood of injury to the law enforcement
32 officer; and
33 (B) promote the safety of a victim.
34 (4) Information about the nature and extent of the abuse.
35 (5) Information about the legal rights of and remedies available
36 to victims of abuse.
37 (6) How to document and collect evidence in an abuse case.
38 (7) The legal consequences of abuse.
39 (8) The impact on children of law enforcement intervention in
40 abuse cases.
41 (9) Services and facilities available to victims of abuse and
42 abusers.
2023 IN 237—LS 6359/DI 106 4
1 (10) Verification of restraining orders, protective orders,
2 temporary injunctions, and permanent injunctions.
3 (11) Policies concerning arrest or release of suspects in abuse
4 cases.
5 (12) Emergency assistance to victims of abuse and criminal
6 justice options for victims of abuse.
7 (13) Landlord-tenant concerns in abuse cases.
8 (14) The taking of an abused child into protective custody.
9 (15) Assessment of a situation in which a child may be seriously
10 endangered if the child is left in the child's home.
11 (16) Assessment of a situation involving an endangered adult (as
12 defined in IC 12-10-3-2).
13 (17) Response to a sudden, unexpected infant death.
14 The cost of providing continuing education under this subsection shall
15 be paid from money in the state police training fund.
16 SECTION 3. IC 5-2-8-7, AS AMENDED BY P.L.217-2017,
17 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2023]: Sec. 7. (a) There is established the conservation
19 officers training fund. The department of natural resources shall
20 administer the fund. The fund consists of amounts collected under
21 IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and
22 IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on behalf of the department of
23 natural resources.
24 (b) If the department of natural resources files a claim under
25 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
26 county user fee fund, the fiscal officer of the city or town or the county
27 auditor shall deposit fees collected under the cause numbers submitted
28 by the department of natural resources into the conservation officers
29 training fund established under this section.
30 (c) Claims against the conservation officers training fund must be
31 submitted in accordance with IC 5-11-10.
32 (d) Money in excess of one hundred dollars ($100) that is
33 unencumbered and remains in the conservation officers' training fund
34 for at least one (1) entire calendar year from the date of its deposit
35 shall, at the end of the state's fiscal year, be deposited in the law
36 enforcement academy fund established under IC 5-2-1-13.
37 SECTION 4. IC 5-2-8-8, AS AMENDED BY P.L.217-2017,
38 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2023]: Sec. 8. (a) There is established the alcoholic beverage
40 enforcement officers' training fund. The alcohol and tobacco
41 commission shall administer the fund. The fund consists of amounts
42 collected under IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3),
2023 IN 237—LS 6359/DI 106 5
1 IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on
2 behalf of the alcohol and tobacco commission.
3 (b) If the alcohol and tobacco commission files a claim under
4 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
5 county user fee fund, the fiscal officer of the city or town or the county
6 auditor shall deposit fees collected under the cause numbers submitted
7 by the alcohol and tobacco commission into the alcoholic beverage
8 enforcement officers' training fund established under this section.
9 (c) Claims against the alcoholic beverage enforcement officers'
10 training fund must be submitted in accordance with IC 5-11-10.
11 (d) Money in excess of one hundred dollars ($100) that is
12 unencumbered and remains in the alcoholic beverage enforcement
13 officers' training fund for at least one (1) entire calendar year from the
14 date of its deposit shall, at the end of the state's fiscal year, be deposited
15 in the law enforcement academy fund established under IC 5-2-1-13.
16 SECTION 5. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2023].
17 (Controlled Substance Excise Tax).
18 SECTION 6. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
19 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
20 2023]:
21 ARTICLE 8. MEDICAL MARIJUANA
22 Chapter 1. Definitions
23 Sec. 1. The following definitions apply throughout this article:
24 (1) "Adequate supply for treatment" means the amount of
25 marijuana necessary to provide care for a treatable medical
26 condition for a thirty (30) day period, as determined by a
27 physician recommendation.
28 (2) "Marijuana" means any part of the plant genus Cannabis.
29 (3) "Medical marijuana card" means a valid card issued by
30 the regulatory agency that authorizes the individual to whom
31 the card is issued to possess marijuana.
32 (4) "Physician" means an individual holding an unlimited
33 license to practice medicine in Indiana.
34 (5) "Physician recommendation" means a written
35 recommendation that the use of marijuana may benefit a
36 particular patient suffering from a treatable medical
37 condition. A physician recommendation may specify an
38 adequate supply for treatment.
39 (6) "Qualified patient" means an individual who has been
40 issued a medical marijuana card by the regulatory agency.
41 (7) "Qualified primary caregiver" means the primary
42 caregiver for a qualified patient who has been issued a
2023 IN 237—LS 6359/DI 106 6
1 medical marijuana card by the regulatory agency on behalf of
2 the qualified patient.
3 (8) "Regulatory agency" means the regulatory agency
4 established by IC 7.1-9-2-1.
5 (9) "Regulatory agency committee" means the regulatory
6 agency commissioners described in IC 7.1-9-2.
7 (10) "Treatable medical condition" means an illness or other
8 condition, the symptoms of which (including the side effects
9 and symptoms caused by any other treatment for the
10 condition) may be treated by the use of marijuana. The term
11 includes the following:
12 (A) Acquired immune deficiency syndrome (AIDS) or
13 positive status for the human immunodeficiency virus
14 (HIV).
15 (B) Anorexia.
16 (C) Arthritis.
17 (D) Cachexia.
18 (E) Chronic cancer pain.
19 (F) Glaucoma.
20 (G) Migraine.
21 (H) Persistent muscle spasms, including spasms associated
22 with multiple sclerosis, Crohn's disease, or related
23 conditions.
24 (I) Seizures, including those characteristic of epilepsy.
25 (J) Severe nausea.
26 (K) Posttraumatic stress disorder.
27 (L) Any persistent or chronic illness or condition that, in
28 the opinion of a physician:
29 (i) substantially limits the ability of an individual to
30 conduct one (1) or more major life activities; or
31 (ii) may cause serious harm to a patient's safety or
32 mental or physical health if not alleviated;
33 if the illness or condition may be improved by the use of
34 marijuana.
35 (M) Any other illness or condition determined by the
36 regulatory agency to be a treatable medical condition.
37 Chapter 2. Qualified Patients and Qualified Primary Caregivers
38 Sec. 1. (a) An individual may apply to the regulatory agency to
39 be a qualified patient if the individual suffers from a treatable
40 medical condition. An individual may apply to the regulatory
41 agency to be a qualified primary caregiver if the individual for
42 whom the individual provides care suffers from a treatable medical
2023 IN 237—LS 6359/DI 106 7
1 condition.
2 (b) To be approved as a qualified patient, an individual must
3 submit to the regulatory agency a physician recommendation
4 stating that the individual suffers from a treatable medical
5 condition. To be approved as a qualified primary caregiver, an
6 individual must submit to the regulatory agency a physician
7 recommendation stating that the individual for whom the caregiver
8 provides care suffers from a treatable medical condition.
9 (c) The regulatory agency shall issue to an individual a medical
10 marijuana card indicating that the individual is a qualified patient
11 or a qualified primary caregiver after:
12 (1) receipt of a:
13 (A) completed application; and
14 (B) physician recommendation;
15 (2) verification that the individual who tendered the physician
16 recommendation is a licensed physician; and
17 (3) compliance with any other rule adopted by the regulatory
18 agency.
19 (d) An application for a medical marijuana card may be denied
20 for the following reasons:
21 (1) The application is not complete or required information is
22 missing.
23 (2) The applicant submits false information.
24 (3) The applicant does not meet the criteria required to obtain
25 a medical marijuana card.
26 (4) The individual who tendered the physician
27 recommendation is not a licensed physician.
28 (e) A medical marijuana card issued under this section is valid
29 for two (2) years, unless the physician recommendation expressly
30 recommends a shorter period.
31 (f) The regulatory agency may charge a reasonable fee, not to
32 exceed one hundred dollars ($100), to apply for a medical
33 marijuana card. The fee shall be deposited in the state general
34 fund.
35 (g) Except as provided in subsection (h), for purposes of
36 IC 5-14-3-4(a)(1), the following information is confidential, may
37 not be published, and is not open to public inspection:
38 (1) Information submitted by an individual under this section
39 to obtain a medical marijuana card.
40 (2) Information obtained by a federal, state, or local
41 government entity in the course of an investigation concerning
42 an individual who applies to obtain a medical marijuana card.
2023 IN 237—LS 6359/DI 106 8
1 (3) The name and address of the individual, and any other
2 information that may be used to identify an individual, who
3 holds a medical marijuana card.
4 (h) Notwithstanding subsection (g):
5 (1) any information concerning an individual who applies for,
6 or an individual who holds, a medical marijuana card may be
7 released to a federal, state, or local government entity:
8 (A) for law enforcement purposes; or
9 (B) to determine the validity of a medical marijuana card;
10 and
11 (2) general information concerning the issuance of a medical
12 marijuana card in Indiana may be released to a person
13 conducting journalistic or academic research (including the
14 research described in IC 7.1-9-5), but only if all personal
15 information that may be used to identify any individual who
16 applies for or holds a medical marijuana card issued under
17 this chapter has been removed from the general information.
18 (i) A person who knowingly or intentionally violates this section
19 by releasing confidential information commits a disclosure of
20 confidential medical information, a Class B misdemeanor.
21 (j) A person who knowingly makes a material misstatement in
22 an application for a medical marijuana card under this section
23 commits fraudulent application for a medical marijuana card, a
24 Class B misdemeanor.
25 Sec. 2. A qualified patient or qualified primary caregiver may:
26 (1) possess the greater of:
27 (A) eight (8) ounces or less of dried marijuana; or
28 (B) an adequate supply for treatment as set forth in a
29 physician recommendation; and
30 (2) possess, grow, or cultivate not more than twelve (12)
31 marijuana plants.
32 Sec. 3. (a) A qualified primary caregiver may deliver to, or
33 possess with intent to deliver to, a qualified patient for whom the
34 caregiver is the primary caregiver:
35 (1) the greater of:
36 (A) eight (8) ounces or less of dried marijuana; or
37 (B) an adequate supply for treatment as set forth in a
38 physician recommendation; and
39 (2) not more than twelve (12) marijuana plants.
40 (b) A qualified primary caregiver may possess, grow, or
41 cultivate not more than twelve (12) marijuana plants for use by a
42 qualified patient for whom the individual is the primary caregiver.
2023 IN 237—LS 6359/DI 106 9
1 Sec. 4. The medical licensing board may not take an adverse
2 action against a physician who makes a physician recommendation
3 in good faith under this article if the sole basis for taking the
4 adverse action is the physician recommendation.
5 SECTION 7. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
6 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
7 2023]:
8 ARTICLE 9. REGULATION OF MEDICAL MARIJUANA
9 Chapter 1. Definitions
10 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
11 article.
12 Chapter 2. General Provisions
13 Sec. 1. A regulatory agency to be named later is established as
14 an agency of the state for purposes of administering the medical
15 marijuana program.
16 Sec. 2. (a) The regulatory agency consists of:
17 (1) the regulatory agency committee;
18 (2) the executive director; and
19 (3) other employees necessary to carry out the duties of the
20 regulatory agency.
21 (b) The regulatory agency committee consists of four (4)
22 commissioners, who shall direct and oversee the operation of the
23 regulatory agency.
24 Sec. 3. (a) The regulatory agency commissioners shall be
25 appointed by the governor.
26 (b) A commissioner is eligible for reappointment.
27 (c) Not more than two (2) commissioners may belong to the
28 same political party.
29 (d) A commissioner shall be appointed to a four (4) year term.
30 (e) A commissioner serves the commissioner's term at the
31 pleasure of the governor.
32 Sec. 4. To be eligible for appointment as a commissioner, an
33 individual must have the following qualifications:
34 (1) The individual may not be employed by the state in any
35 other capacity.
36 (2) The individual must have good moral character.
37 (3) The individual must have been a resident of Indiana for at
38 least ten (10) years immediately preceding the appointment.
39 Sec. 5. The governor shall appoint one (1) commissioner to serve
40 as chairperson of the regulatory agency committee, and one (1)
41 commissioner to serve as vice chairperson. The vice chairperson
42 shall act as the chairperson if the chairperson is unable to attend
2023 IN 237—LS 6359/DI 106 10
1 a meeting of the regulatory agency committee.
2 Sec. 6. A commissioner appointed to fill a vacancy in the
3 membership of the regulatory agency committee shall serve only
4 for the unexpired part of the original, vacated term. In all other
5 respects, an appointment to fill a vacancy shall be made in the
6 same manner that an original appointment is made.
7 Sec. 7. As compensation for services, each commissioner is
8 entitled to the minimum salary per diem provided by
9 IC 4-10-11-2.1(b). A commissioner is also entitled to
10 reimbursement for traveling expenses as provided under
11 IC 4-13-1-4 and other expenses actually incurred in connection
12 with the commissioner's duties as provided in the state policies and
13 procedures established by the Indiana department of
14 administration and approved by the budget agency.
15 Sec. 8. Each commissioner shall execute:
16 (1) a surety bond in the amount of ten thousand dollars
17 ($10,000), with surety approved by the governor; and
18 (2) an oath of office.
19 The surety bond and the oath of office shall be filed in the office of
20 the secretary of state.
21 Sec. 9. The required surety bond executed and filed on behalf of
22 a commissioner shall be made payable to the state of Indiana and
23 conditioned upon the faithful discharge of the commissioner's
24 duties.
25 Sec. 10. The regulatory agency committee shall hold meetings at
26 the call of the chairperson. The regulatory agency committee may
27 establish rules governing meetings.
28 Sec. 11. (a) Three (3) regulatory agency commissioners
29 constitute a quorum for the transaction of business.
30 (b) Each commissioner has one (1) vote.
31 (c) Action of the regulatory agency committee may be taken
32 only upon the affirmative votes of at least two (2) commissioners.
33 If a vote is a tie, the position for which the chairperson voted
34 prevails, as long as that position has received the affirmative votes
35 of at least two (2) commissioners.
36 Sec. 12. A commissioner may not solicit or accept a political
37 contribution from a qualified patient, qualified primary caregiver,
38 or any individual or entity that has a permit or has applied for a
39 permit issued by the regulatory agency. However, the right of a
40 commissioner to vote as the commissioner chooses and to express
41 the commissioner's opinions on political subjects and candidates
42 may not be impaired.
2023 IN 237—LS 6359/DI 106 11
1 Chapter 3. Employees and Administration
2 Sec. 1. (a) The regulatory agency committee shall appoint an
3 executive director to assist the regulatory agency in the efficient
4 administration of its powers and duties.
5 (b) The regulatory agency committee shall fix the salary of the
6 executive director, subject to the approval of the budget agency.
7 Sec. 2. The regulatory agency has the power to employ all
8 necessary employees, determine their duties, and, subject to the
9 approval of the regulatory agency committee and the budget
10 agency, fix their salaries.
11 Chapter 4. Powers and Duties
12 Sec. 1. The chairperson is the presiding officer at the meetings
13 of the regulatory agency committee. The chairperson, together
14 with the executive director, shall prepare, certify, and authenticate
15 all proceedings, minutes, records, rules, and regulations of the
16 regulatory agency committee. The chairperson shall also perform
17 all other duties as imposed on the chairperson by this article.
18 Sec. 2. The regulatory agency has the power to organize its
19 work, to enforce and administer this article and IC 7.1-8, and to
20 enforce and administer the rules adopted by the regulatory agency.
21 Sec. 3. The regulatory agency shall adopt rules under IC 4-22-2
22 to prescribe the forms for all applications, documents, permits,
23 medical marijuana cards, and licenses used in the administration
24 of this article and IC 7.1-8.
25 Sec. 4. The regulatory agency has the following powers:
26 (1) To hold hearings before the regulatory agency or its
27 representative.
28 (2) To take testimony and receive evidence.
29 (3) To conduct inquiries with or without a hearing.
30 (4) To receive reports of investigators or other governmental
31 officers and employees.
32 (5) To administer oaths.
33 (6) To subpoena witnesses and to compel them to appear and
34 testify.
35 (7) To certify copies of records of the regulatory agency or
36 any other document or record on file with the regulatory
37 agency.
38 (8) To fix the form, mode, manner, time, and number of times
39 for the posting or publication of any required notices if not
40 otherwise provided.
41 (9) To adopt rules under IC 4-22-2 to carry out this article
42 and IC 7.1-8.
2023 IN 237—LS 6359/DI 106 12
1 Sec. 5. The regulatory agency has the following duties:
2 (1) To establish the medical marijuana program described in
3 IC 7.1-8 and to adopt all necessary rules to implement the
4 program.
5 (2) To implement protocols for the application and issuance
6 of a medical marijuana card, including protocols to:
7 (A) prevent fraud;
8 (B) ensure the accuracy of information contained in the
9 application; and
10 (C) protect the privacy of an applicant.
11 (3) To advise the general assembly concerning the
12 establishment of a program for the:
13 (A) manufacture;
14 (B) cultivation;
15 (C) transportation; and
16 (D) dispensing;
17 of medical marijuana.
18 (4) To encourage research concerning medical marijuana and
19 issue licenses as described in IC 7.1-9-5.
20 Chapter 5. Research and Development
21 Sec. 1. To permit and encourage research concerning medical
22 marijuana:
23 (1) an accredited institution of higher education with a
24 physical presence in Indiana; and
25 (2) a pharmaceutical or agricultural business having a
26 research facility in Indiana;
27 may apply to the regulatory agency for a license to conduct
28 research concerning medical marijuana.
29 Sec. 2. An application under this chapter must include the
30 following:
31 (1) The nature of the research project.
32 (2) The names of the individuals who will conduct the
33 research project.
34 (3) The approximate quantity of marijuana that will be used
35 in the research project.
36 (4) The security protocol to be implemented to ensure that
37 marijuana is not diverted for uses other than the research
38 project.
39 (5) Any other information required by the regulatory agency.
40 Sec. 3. Upon receipt of a completed application, the regulatory
41 agency may issue a research license to the accredited institution of
42 higher education or pharmaceutical or agricultural business. The
2023 IN 237—LS 6359/DI 106 13
1 research license must specifically list the names of each individual
2 participating in the research project who will have custody or
3 control of marijuana for research purposes and the approximate
4 quantity of the marijuana that will be used in the research project.
5 Sec. 4. The regulatory agency may charge a reasonable fee for
6 issuance of a research license.
7 SECTION 8. IC 15-16-7-8 IS REPEALED [EFFECTIVE JULY 1,
8 2023]. Sec. 8. In addition to the weed control board's powers and duties
9 under section 7 of this chapter, the weed control board may establish
10 a marijuana eradication program to eliminate and destroy wild
11 marijuana plants within the county. The program is funded by amounts
12 appropriated by the county:
13 (1) under IC 33-37-8; and
14 (2) from the county general fund.
15 SECTION 9. IC 33-37-4-1, AS AMENDED BY P.L.24-2018,
16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2023]: Sec. 1. (a) For each action that results in a felony
18 conviction under IC 35-50-2 or a misdemeanor conviction under
19 IC 35-50-3, the clerk shall collect from the defendant a criminal costs
20 fee of one hundred twenty dollars ($120).
21 (b) In addition to the criminal costs fee collected under this section,
22 the clerk shall collect from the defendant the following fees if they are
23 required under IC 33-37-5:
24 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
25 IC 33-37-5-4).
26 (2) A marijuana eradication program fee (IC 33-37-5-7).
27 (3) (2) An alcohol and drug services program fee (IC
28 33-37-5-8(b)).
29 (4) (3) A law enforcement continuing education program fee (IC
30 33-37-5-8(c)).
31 (5) (4) A drug abuse, prosecution, interdiction, and correction fee
32 (IC 33-37-5-9).
33 (6) (5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
34 (7) (6) A child abuse prevention fee (IC 33-37-5-12).
35 (8) (7) A domestic violence prevention and treatment fee (IC
36 33-37-5-13).
37 (9) (8) A highway worksite zone fee (IC 33-37-5-14).
38 (10) (9) A deferred prosecution fee (IC 33-37-5-17).
39 (11) (10) A document storage fee (IC 33-37-5-20).
40 (12) (11) An automated record keeping fee (IC 33-37-5-21).
41 (13) (12) A late payment fee (IC 33-37-5-22).
42 (14) (13) A sexual assault victims assistance fee (IC 33-37-5-23).
2023 IN 237—LS 6359/DI 106 14
1 (15) (14) A public defense administration fee (IC 33-37-5-21.2).
2 (16) (15) A judicial insurance adjustment fee (IC 33-37-5-25).
3 (17) (16) A judicial salaries fee (IC 33-37-5-26).
4 (18) (17) A court administration fee (IC 33-37-5-27).
5 (19) (18) A DNA sample processing fee (IC 33-37-5-26.2).
6 (c) Instead of the criminal costs fee prescribed by this section,
7 except for the automated record keeping fee (IC 33-37-5-21), the clerk
8 shall collect a pretrial diversion program fee if an agreement between
9 the prosecuting attorney and the accused person entered into under
10 IC 33-39-1-8 requires payment of those fees by the accused person.
11 The pretrial diversion program fee is:
12 (1) an initial user's fee of fifty dollars ($50) for a misdemeanor
13 offense;
14 (2) an initial user's fee of seventy-five dollars ($75) for a felony
15 offense;
16 (3) a monthly user's fee of twenty dollars ($20) for each month
17 that the person remains in the pretrial diversion program; and
18 (4) any additional program fee or cost that is:
19 (A) reasonably related to the person's rehabilitation; and
20 (B) approved by the court.
21 A monthly user fee may not be collected beyond the maximum length
22 of the possible sentence.
23 (d) The clerk shall transfer to the county auditor or city or town
24 fiscal officer the following fees, not later than thirty (30) days after the
25 fees are collected:
26 (1) The pretrial diversion fee.
27 (2) The marijuana eradication program fee.
28 (3) (2) The alcohol and drug services program fee.
29 (4) (3) The law enforcement continuing education program fee.
30 The auditor or fiscal officer shall deposit fees transferred under this
31 subsection in the appropriate user fee fund established under
32 IC 33-37-8.
33 (e) Unless otherwise directed by a court, if a clerk collects only part
34 of a criminal costs fee from a defendant under this section, the clerk
35 shall distribute the partial payment of the criminal costs fee as follows:
36 (1) The clerk shall apply the partial payment to general court
37 costs.
38 (2) If there is money remaining after the partial payment is
39 applied to general court costs under subdivision (1), the clerk
40 shall distribute the remainder of the partial payment for deposit in
41 the appropriate county user fee fund.
42 (3) If there is money remaining after distribution under
2023 IN 237—LS 6359/DI 106 15
1 subdivision (2), the clerk shall distribute the remainder of the
2 partial payment for deposit in the state user fee fund.
3 (4) If there is money remaining after distribution under
4 subdivision (3), the clerk shall distribute the remainder of the
5 partial payment to any other applicable user fee fund.
6 (5) If there is money remaining after distribution under
7 subdivision (4), the clerk shall apply the remainder of the partial
8 payment to any outstanding fines owed by the defendant.
9 SECTION 10. IC 33-37-4-3, AS AMENDED BY P.L.85-2017,
10 SECTION 110, IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The clerk shall collect a
12 juvenile costs fee of one hundred twenty dollars ($120) for each action
13 filed under any of the following:
14 (1) IC 31-34 (children in need of services).
15 (2) IC 31-37 (delinquent children).
16 (3) IC 31-14 (paternity).
17 (b) In addition to the juvenile costs fee collected under this section,
18 the clerk shall collect the following fees, if they are required under
19 IC 33-37-5:
20 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
21 IC 33-37-5-4).
22 (2) A marijuana eradication program fee (IC 33-37-5-7).
23 (3) (2) An alcohol and drug services program fee (IC
24 33-37-5-8(b)).
25 (4) (3) A law enforcement continuing education program fee (IC
26 33-37-5-8(c)).
27 (5) (4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
28 (6) (5) A document storage fee (IC 33-37-5-20).
29 (7) (6) An automated record keeping fee (IC 33-37-5-21).
30 (8) (7) A late payment fee (IC 33-37-5-22).
31 (9) (8) A public defense administration fee (IC 33-37-5-21.2).
32 (10) (9) A judicial insurance adjustment fee (IC 33-37-5-25).
33 (11) (10) A judicial salaries fee (IC 33-37-5-26).
34 (12) (11) A court administration fee (IC 33-37-5-27).
35 (13) (12) A DNA sample processing fee (IC 33-37-5-26.2).
36 (c) The clerk shall transfer to the county auditor or city or town
37 fiscal officer the following fees not later than thirty (30) days after they
38 are collected:
39 (1) The marijuana eradication program fee (IC 33-37-5-7).
40 (2) (1) The alcohol and drug services program fee (IC
41 33-37-5-8(b)).
42 (3) (2) The law enforcement continuing education program fee
2023 IN 237—LS 6359/DI 106 16
1 (IC 33-37-5-8(c)).
2 The auditor or fiscal officer shall deposit the fees in the appropriate
3 user fee fund established under IC 33-37-8.
4 SECTION 11. IC 33-37-5-7 IS REPEALED [EFFECTIVE JULY 1,
5 2023]. Sec. 7. (a) This section applies to criminal actions.
6 (b) The clerk shall collect the marijuana eradication program fee set
7 by the court under IC 15-16-7-8, if:
8 (1) a weed control board has been established in the county under
9 IC 15-16-7-3; and
10 (2) the person has been convicted of an offense under IC 35-48-4
11 in a case prosecuted in that county.
12 (c) The court may set a fee under this section of not more than three
13 hundred dollars ($300).
14 SECTION 12. IC 33-37-7-2, AS AMENDED BY P.L.174-2022,
15 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2023]: Sec. 2. (a) The clerk of a circuit court shall distribute
17 semiannually to the auditor of state as the state share for deposit in the
18 homeowner protection unit account established by IC 4-6-12-9 one
19 hundred percent (100%) of the automated record keeping fees collected
20 under IC 33-37-5-21 with respect to actions resulting in the accused
21 person entering into a pretrial diversion program agreement under
22 IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1 and
23 for deposit in the state general fund seventy percent (70%) of the
24 amount of fees collected under the following:
25 (1) IC 33-37-4-1(a) (criminal costs fees).
26 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
27 (3) IC 33-37-4-3(a) (juvenile costs fees).
28 (4) IC 33-37-4-4(a) (civil costs fees).
29 (5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
30 (6) IC 33-37-4-7(a) (probate costs fees).
31 (7) IC 33-37-5-17 (deferred prosecution fees).
32 (b) The clerk of a circuit court shall distribute semiannually to the
33 auditor of state for deposit in the state user fee fund established in
34 IC 33-37-9-2 the following:
35 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
36 interdiction, and correction fees collected under
37 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
38 (2) Twenty-five percent (25%) of the alcohol and drug
39 countermeasures fees collected under IC 33-37-4-1(b)(6),
40 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
41 IC 33-37-4-3(b)(4).
42 (3) One hundred percent (100%) of the child abuse prevention
2023 IN 237—LS 6359/DI 106 17
1 fees collected under IC 33-37-4-1(b)(7). IC 33-37-4-1(b)(6).
2 (4) One hundred percent (100%) of the domestic violence
3 prevention and treatment fees collected under IC 33-37-4-1(b)(8).
4 IC 33-37-4-1(b)(7).
5 (5) One hundred percent (100%) of the highway worksite zone
6 fees collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
7 IC 33-37-4-2(b)(5).
8 (6) Seventy-five percent (75%) of the safe schools fee collected
9 under IC 33-37-5-18.
10 (7) One hundred percent (100%) of the automated record keeping
11 fee collected under IC 33-37-5-21 not distributed under
12 subsection (a).
13 (c) The clerk of a circuit court shall distribute monthly to the county
14 auditor the following:
15 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
16 interdiction, and correction fees collected under
17 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
18 (2) Seventy-five percent (75%) of the alcohol and drug
19 countermeasures fees collected under IC 33-37-4-1(b)(6),
20 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
21 IC 33-37-4-3(b)(4).
22 The county auditor shall deposit fees distributed by a clerk under this
23 subsection into the county drug free community fund established under
24 IC 5-2-11.
25 (d) The clerk of a circuit court shall distribute monthly to the county
26 auditor one hundred percent (100%) of the late payment fees collected
27 under IC 33-37-5-22. The county auditor shall deposit fees distributed
28 by a clerk under this subsection as follows:
29 (1) If directed to do so by an ordinance adopted by the county
30 fiscal body, the county auditor shall deposit forty percent (40%)
31 of the fees in the clerk's record perpetuation fund established
32 under IC 33-37-5-2 and sixty percent (60%) of the fees in the
33 county general fund.
34 (2) If the county fiscal body has not adopted an ordinance
35 described in subdivision (1), the county auditor shall deposit all
36 the fees in the county general fund.
37 (e) The clerk of the circuit court shall distribute semiannually to the
38 auditor of state for deposit in the sexual assault victims assistance fund
39 established by IC 5-2-6-23(d) one hundred percent (100%) of the
40 sexual assault victims assistance fees collected under IC 33-37-5-23.
41 (f) The clerk of a circuit court shall distribute monthly to the county
42 auditor the following:
2023 IN 237—LS 6359/DI 106 18
1 (1) One hundred percent (100%) of the support and maintenance
2 fees for cases designated as non-Title IV-D child support cases in
3 the Indiana support enforcement tracking system (ISETS) or the
4 successor statewide automated support enforcement system
5 collected under IC 33-37-5-6.
6 (2) The percentage share of the support and maintenance fees for
7 cases designated as Title IV-D child support cases in ISETS or the
8 successor statewide automated support enforcement system
9 collected under IC 33-37-5-6 that is reimbursable to the county at
10 the federal financial participation rate.
11 The county clerk shall distribute monthly to the department of child
12 services the percentage share of the support and maintenance fees for
13 cases designated as Title IV-D child support cases in ISETS, or the
14 successor statewide automated support enforcement system, collected
15 under IC 33-37-5-6 that is not reimbursable to the county at the
16 applicable federal financial participation rate.
17 (g) The clerk of a circuit court shall distribute monthly to the county
18 auditor the following:
19 (1) One hundred percent (100%) of the small claims service fee
20 under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
21 the county general fund.
22 (2) One hundred percent (100%) of the small claims garnishee
23 service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
24 deposit in the county general fund.
25 (3) Twenty-five percent (25%) of the safe schools fee collected
26 under IC 33-37-5-18 for deposit in the county general fund.
27 (h) This subsection does not apply to court administration fees
28 collected in small claims actions filed in a court described in IC 33-34.
29 The clerk of a circuit court shall semiannually distribute to the auditor
30 of state for deposit in the state general fund one hundred percent
31 (100%) of the following:
32 (1) The public defense administration fee collected under
33 IC 33-37-5-21.2.
34 (2) The judicial salaries fees collected under IC 33-37-5-26.
35 (3) The DNA sample processing fees collected under
36 IC 33-37-5-26.2.
37 (4) The court administration fees collected under IC 33-37-5-27.
38 (5) The judicial insurance adjustment fee collected under
39 IC 33-37-5-25.
40 (i) The proceeds of the service fee collected under
41 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
42 follows:
2023 IN 237—LS 6359/DI 106 19
1 (1) The clerk shall distribute one hundred percent (100%) of the
2 service fees collected in a circuit, superior, county, or probate
3 court to the county auditor for deposit in the county general fund.
4 (2) The clerk shall distribute one hundred percent (100%) of the
5 service fees collected in a city or town court to the city or town
6 fiscal officer for deposit in the city or town general fund.
7 (j) The proceeds of the garnishee service fee collected under
8 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
9 follows:
10 (1) The clerk shall distribute one hundred percent (100%) of the
11 garnishee service fees collected in a circuit, superior, county, or
12 probate court to the county auditor for deposit in the county
13 general fund.
14 (2) The clerk shall distribute one hundred percent (100%) of the
15 garnishee service fees collected in a city or town court to the city
16 or town fiscal officer for deposit in the city or town general fund.
17 (k) The clerk of the circuit court shall distribute semiannually to the
18 auditor of state for deposit in the home ownership education account
19 established by IC 5-20-1-27 one hundred percent (100%) of the
20 following:
21 (1) The mortgage foreclosure counseling and education fees
22 collected under IC 33-37-5-33 (before its expiration on July 1,
23 2017).
24 (2) Any civil penalties imposed and collected by a court for a
25 violation of a court order in a foreclosure action under
26 IC 32-30-10.5.
27 (l) The clerk of a circuit court shall distribute semiannually to the
28 auditor of state one hundred percent (100%) of the pro bono legal
29 services fees collected before July 1, 2025, under IC 33-37-5-31. The
30 auditor of state shall transfer semiannually the pro bono legal services
31 fees to the Indiana Bar Foundation (or a successor entity) as the entity
32 designated to organize and administer the interest on lawyers trust
33 accounts (IOLTA) program under Rule 1.15 of the Rules of
34 Professional Conduct of the Indiana supreme court. The Indiana Bar
35 Foundation shall:
36 (1) deposit in an appropriate account and otherwise manage the
37 fees the Indiana Bar Foundation receives under this subsection in
38 the same manner the Indiana Bar Foundation deposits and
39 manages the net earnings the Indiana Bar Foundation receives
40 from IOLTA accounts; and
41 (2) use the fees the Indiana Bar Foundation receives under this
42 subsection to assist or establish approved pro bono legal services
2023 IN 237—LS 6359/DI 106 20
1 programs.
2 The handling and expenditure of the pro bono legal services fees
3 received under this section by the Indiana Bar Foundation (or its
4 successor entity) are subject to audit by the state board of accounts. The
5 amounts necessary to make the transfers required by this subsection are
6 appropriated from the state general fund.
7 SECTION 13. IC 33-37-7-8, AS AMENDED BY P.L.174-2022,
8 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 8. (a) The clerk of a city or town court shall
10 distribute semiannually to the auditor of state as the state share for
11 deposit in the homeowner protection unit account established by
12 IC 4-6-12-9 one hundred percent (100%) of the automated record
13 keeping fees collected under IC 33-37-5-21 with respect to actions
14 resulting in the accused person entering into a pretrial diversion
15 program agreement under IC 33-39-1-8 or a deferral program
16 agreement under IC 34-28-5-1 and for deposit in the state general fund
17 fifty-five percent (55%) of the amount of fees collected under the
18 following:
19 (1) IC 33-37-4-1(a) (criminal costs fees).
20 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
21 (3) IC 33-37-4-4(a) (civil costs fees).
22 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
23 (5) IC 33-37-5-17 (deferred prosecution fees).
24 (b) The city or town fiscal officer shall distribute monthly to the
25 county auditor as the county share twenty percent (20%) of the amount
26 of fees collected under the following:
27 (1) IC 33-37-4-1(a) (criminal costs fees).
28 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
29 (3) IC 33-37-4-4(a) (civil costs fees).
30 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
31 (5) IC 33-37-5-17 (deferred prosecution fees).
32 (c) The city or town fiscal officer shall retain twenty-five percent
33 (25%) as the city or town share of the fees collected under the
34 following:
35 (1) IC 33-37-4-1(a) (criminal costs fees).
36 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
37 (3) IC 33-37-4-4(a) (civil costs fees).
38 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
39 (5) IC 33-37-5-17 (deferred prosecution fees).
40 (d) The clerk of a city or town court shall distribute semiannually to
41 the auditor of state for deposit in the state user fee fund established in
42 IC 33-37-9 the following:
2023 IN 237—LS 6359/DI 106 21
1 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
2 interdiction, and correction fees collected under
3 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
4 (2) Twenty-five percent (25%) of the alcohol and drug
5 countermeasures fees collected under IC 33-37-4-1(b)(6),
6 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
7 IC 33-37-4-3(b)(4).
8 (3) One hundred percent (100%) of the highway worksite zone
9 fees collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
10 IC 33-37-4-2(b)(5).
11 (4) Seventy-five percent (75%) of the safe schools fee collected
12 under IC 33-37-5-18.
13 (5) One hundred percent (100%) of the automated record keeping
14 fee collected under IC 33-37-5-21 not distributed under
15 subsection (a).
16 (e) The clerk of a city or town court shall distribute monthly to the
17 county auditor the following:
18 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
19 interdiction, and correction fees collected under
20 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
21 (2) Seventy-five percent (75%) of the alcohol and drug
22 countermeasures fees collected under IC 33-37-4-1(b)(6),
23 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
24 IC 33-37-4-3(b)(4).
25 The county auditor shall deposit fees distributed by a clerk under this
26 subsection into the county drug free community fund established under
27 IC 5-2-11.
28 (f) The clerk of a city or town court shall distribute monthly to the
29 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
30 percent (100%) of the following:
31 (1) The late payment fees collected under IC 33-37-5-22.
32 (2) The small claims service fee collected under
33 IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
34 (3) The small claims garnishee service fee collected under
35 IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
36 (4) Twenty-five percent (25%) of the safe schools fee collected
37 under IC 33-37-5-18.
38 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
39 fees distributed by a clerk under this subsection in the city or town
40 general fund.
41 (g) The clerk of a city or town court shall semiannually distribute to
42 the auditor of state for deposit in the state general fund one hundred
2023 IN 237—LS 6359/DI 106 22
1 percent (100%) of the following:
2 (1) The public defense administration fee collected under
3 IC 33-37-5-21.2.
4 (2) The DNA sample processing fees collected under
5 IC 33-37-5-26.2.
6 (3) The court administration fees collected under IC 33-37-5-27.
7 (4) The judicial insurance adjustment fee collected under
8 IC 33-37-5-25.
9 (h) The clerk of a city or town court shall semiannually distribute to
10 the auditor of state for deposit in the state general fund seventy-five
11 percent (75%) of the judicial salaries fee collected under
12 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
13 percent (25%) of the judicial salaries fee collected under
14 IC 33-37-5-26. The funds retained by the city or town shall be
15 prioritized to fund city or town court operations.
16 (i) The clerk of a city or town court shall distribute semiannually to
17 the auditor of state one hundred percent (100%) of the pro bono legal
18 services fees collected before July 1, 2025, under IC 33-37-5-31. The
19 auditor of state shall transfer semiannually the pro bono legal services
20 fees to the Indiana Bar Foundation (or a successor entity) as the entity
21 designated to organize and administer the interest on lawyers trust
22 accounts (IOLTA) program under Rule 1.15 of the Rules of
23 Professional Conduct of the Indiana supreme court. The Indiana Bar
24 Foundation shall:
25 (1) deposit in an appropriate account and otherwise manage the
26 fees the Indiana Bar Foundation receives under this subsection in
27 the same manner the Indiana Bar Foundation deposits and
28 manages the net earnings the Indiana Bar Foundation receives
29 from IOLTA accounts; and
30 (2) use the fees the Indiana Bar Foundation receives under this
31 subsection to assist or establish approved pro bono legal services
32 programs.
33 The handling and expenditure of the pro bono legal services fees
34 received under this section by the Indiana Bar Foundation (or its
35 successor entity) are subject to audit by the state board of accounts. The
36 amounts necessary to make the transfers required by this subsection are
37 appropriated from the state general fund.
38 SECTION 14. IC 33-37-8-5, AS AMENDED BY P.L.101-2022,
39 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2023]: Sec. 5. (a) A county user fee fund is established in each
41 county to finance various program services. The county fund is
42 administered by the county auditor.
2023 IN 237—LS 6359/DI 106 23
1 (b) The county fund consists of the following fees collected by a
2 clerk under this article:
3 (1) The pretrial diversion program fee.
4 (2) The marijuana eradication program fee.
5 (3) (2) The alcohol and drug services program fee.
6 (4) (3) The law enforcement continuing education program fee.
7 (5) (4) The deferral program fee.
8 (6) (5) The jury fee.
9 (7) (6) The problem solving court fee.
10 (c) All of the jury fee and two dollars ($2) of a deferral program fee
11 collected under IC 33-37-4-2(e) shall be deposited by the county
12 auditor in the jury pay fund established under IC 33-37-11.
13 SECTION 15. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
14 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 8.3. (a) This section does not apply to a rolling
16 paper.
17 (b) A person who knowingly or intentionally possesses an
18 instrument, a device, or another object that the person intends to use
19 for:
20 (1) introducing into the person's body a controlled substance;
21 (2) testing the strength, effectiveness, or purity of a controlled
22 substance; or
23 (3) enhancing the effect of a controlled substance;
24 commits a Class C misdemeanor. However, the offense is a Class A
25 misdemeanor if the person has a prior unrelated judgment or conviction
26 under this section.
27 (c) It is a defense to an action or prosecution under this section
28 that:
29 (1) the person who possesses the instrument, device, or other
30 object is a:
31 (A) qualified patient (as defined in IC 7.1-8-1) or qualified
32 primary caregiver (as defined in IC 7.1-8-1); or
33 (B) person listed on a valid marijuana research license
34 issued by the regulatory agency under IC 7.1-9; and
35 (2) the instrument, device, or other object is for the use of
36 medical marijuana or research relating to the use of medical
37 marijuana.
38 SECTION 16. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
39 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2023]: Sec. 10. (a) A person who:
41 (1) knowingly or intentionally:
42 (A) manufactures;
2023 IN 237—LS 6359/DI 106 24
1 (B) finances the manufacture of;
2 (C) delivers; or
3 (D) finances the delivery of;
4 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
5 (2) possesses, with intent to:
6 (A) manufacture;
7 (B) finance the manufacture of;
8 (C) deliver; or
9 (D) finance the delivery of;
10 marijuana, hash oil, hashish, or salvia, pure or adulterated;
11 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
12 misdemeanor, except as provided in subsections (b) through (d).
13 (b) A person may be convicted of an offense under subsection (a)(2)
14 only if:
15 (1) there is evidence in addition to the weight of the drug that the
16 person intended to manufacture, finance the manufacture of,
17 deliver, or finance the delivery of the drug; or
18 (2) the amount of the drug involved is at least:
19 (A) ten (10) pounds, if the drug is marijuana; or
20 (B) three hundred (300) grams, if the drug is hash oil, hashish,
21 or salvia.
22 (c) The offense is a Level 6 felony if:
23 (1) the person has a prior conviction for a drug offense and the
24 amount of the drug involved is:
25 (A) less than thirty (30) grams of marijuana; or
26 (B) less than five (5) grams of hash oil, hashish, or salvia; or
27 (2) the amount of the drug involved is:
28 (A) at least thirty (30) grams but less than ten (10) pounds of
29 marijuana; or
30 (B) at least five (5) grams but less than three hundred (300)
31 grams of hash oil, hashish, or salvia.
32 (d) The offense is a Level 5 felony if:
33 (1) the person has a prior conviction for a drug dealing offense
34 and the amount of the drug involved is:
35 (A) at least thirty (30) grams but less than ten (10) pounds of
36 marijuana; or
37 (B) at least five (5) grams but less than three hundred (300)
38 grams of hash oil, hashish, or salvia;
39 (2) the:
40 (A) amount of the drug involved is:
41 (i) at least ten (10) pounds of marijuana; or
42 (ii) at least three hundred (300) grams of hash oil, hashish,
2023 IN 237—LS 6359/DI 106 25
1 or salvia; or
2 (B) offense involved a sale to a minor; or
3 (3) the:
4 (A) person is a retailer;
5 (B) marijuana, hash oil, hashish, or salvia is packaged in a
6 manner that appears to be low THC hemp extract; and
7 (C) person knew or reasonably should have known that the
8 product was marijuana, hash oil, hashish, or salvia.
9 (e) It is a defense to a prosecution under this section for an
10 offense involving marijuana, hash oil, or hashish that the person is
11 a:
12 (1) qualified primary caregiver (as defined in IC 7.1-8-1), if:
13 (A) the possession or delivery of the marijuana, hash oil, or
14 hashish is permitted under IC 7.1-8-2-3; and
15 (B) the quantity of marijuana, hash oil, or hashish
16 possessed or delivered does not exceed the permissible
17 amounts set forth in IC 7.1-8-2-3; or
18 (2) person listed on a valid marijuana research license issued
19 by the regulatory agency under IC 7.1-9, if:
20 (A) the possession or delivery of the marijuana, hash oil, or
21 hashish is permitted by the research license issued by the
22 regulatory agency under IC 7.1-9-5; and
23 (B) the quantity of marijuana, hash oil, or hashish
24 possessed or delivered does not exceed the permissible
25 quantity authorized by the research license issued by the
26 regulatory agency.
27 SECTION 17. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
28 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2023]: Sec. 11. (a) A person who:
30 (1) knowingly or intentionally possesses (pure or adulterated)
31 marijuana, hash oil, hashish, or salvia;
32 (2) knowingly or intentionally grows or cultivates marijuana; or
33 (3) knowing that marijuana is growing on the person's premises,
34 fails to destroy the marijuana plants;
35 commits possession of marijuana, hash oil, hashish, or salvia, a Class
36 B misdemeanor, except as provided in subsections (b) through (c).
37 (b) The offense described in subsection (a) is a Class A
38 misdemeanor if:
39 (1) the person has a prior conviction for a drug offense; or
40 (2) the:
41 (A) marijuana, hash oil, hashish, or salvia is packaged in a
42 manner that appears to be low THC hemp extract; and
2023 IN 237—LS 6359/DI 106 26
1 (B) person knew or reasonably should have known that the
2 product was marijuana, hash oil, hashish, or salvia.
3 (c) The offense described in subsection (a) is a Level 6 felony if:
4 (1) the person has a prior conviction for a drug offense; and
5 (2) the person possesses:
6 (A) at least thirty (30) grams of marijuana; or
7 (B) at least five (5) grams of hash oil, hashish, or salvia.
8 (d) It is a defense to a prosecution under this section for an
9 offense involving marijuana, hash oil, or hashish that the person is
10 a:
11 (1) qualified patient (as defined in IC 7.1-8-1) or qualified
12 primary caregiver (as defined in IC 7.1-8-1), if:
13 (A) the possession of the marijuana, hash oil, or hashish is
14 permitted under IC 7.1-8-2-2; and
15 (B) the quantity of marijuana, hash oil, or hashish
16 possessed or cultivated does not exceed the permissible
17 amounts set forth in IC 7.1-8-2-2; or
18 (2) person listed on a valid marijuana research license issued
19 by the regulatory agency under IC 7.1-9, if:
20 (A) the possession or cultivation of the marijuana, hash oil,
21 or hashish is permitted by the research license issued by
22 the regulatory agency under IC 7.1-9-5; and
23 (B) the quantity of marijuana, hash oil, or hashish
24 possessed or cultivated does not exceed the permissible
25 quantity authorized by the research license issued by the
26 regulatory agency.
27 SECTION 18. IC 35-52-7-97 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2023]: Sec. 97. IC 7.1-8-2-1 defines crimes
30 concerning medical marijuana.
2023 IN 237—LS 6359/DI 106