*SB0293.1*
February 15, 2023
SENATE BILL No. 293
_____
DIGEST OF SB 293 (Updated February 14, 2023 1:50 pm - DI 129)
Citations Affected: IC 7.1-3; IC 15-15; IC 16-42; IC 24-4;
IC 35-31.5; IC 35-46; IC 35-48; IC 35-52.
Synopsis: Craft hemp flower products. Establishes certain regulatory
testing and packaging requirements for the distribution and sale of craft
hemp flower products and specifies penalties applicable to the unlawful
possession or distribution of craft hemp flower products. Prohibits the
possession of craft hemp flower unless it is being used by a licensee to
manufacture a legal hemp product, including a craft hemp flower
product. Provides that a food is not considered adulterated for
containing low THC hemp extract or craft hemp flower. Provides that
craft hemp flower product is not included in the definition of
"controlled substance analog", "hashish", "low THC hemp extract", or
"marijuana". Prohibits the sale of low THC hemp extract to a person
less than 21 years of age, if it contains certain elements. Adds craft
hemp flower products to a statute imposing an infraction that applies
with regard to persons less than 21 years of age involving the sale,
distribution, purchase, and possession of craft hemp flower product.
Defines terms. Makes conforming changes. Makes technical
corrections.
Effective: July 1, 2023.
Holdman, Walker K, Pol Jr.
January 12, 2023, read first time and referred to Committee on Tax and Fiscal Policy.
February 14, 2023, amended, reported favorably — Do Pass.
SB 293—LS 6864/DI 120 February 15, 2023
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. 293
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 7.1-3-18.5-5, AS AMENDED BY P.L.49-2020,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 5. (a) Subject to subsection (b), the commission
4 may suspend the certificate of a person who fails to pay a civil penalty
5 imposed for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11,
6 IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7,
7 or IC 35-46-1-11.8.
8 (b) Before enforcing the imposition of a civil penalty or suspending
9 or revoking a certificate under this chapter, the commission shall
10 provide written notice of the alleged violation to the certificate holder
11 and conduct a hearing. The commission shall provide written notice of
12 the civil penalty or suspension or revocation of a certificate to the
13 certificate holder.
14 (c) Subject to subsection (b), the commission shall revoke the
15 certificate of a person upon a finding by a preponderance of the
16 evidence that the person:
17 (1) has violated IC 35-45-5-3, IC 35-45-5-3.5, IC 35-45-5-4,
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1 IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, or
2 IC 35-46-1-11.8;
3 (2) has committed habitual illegal sale of tobacco sales as
4 established under IC 35-46-1-10.2(j); or
5 (3) has committed habitual illegal entrance by a minor as
6 established under IC 35-46-1-11.7(f).
7 SECTION 2. IC 7.1-3-18.5-9, AS AMENDED BY P.L.49-2020,
8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 9. A certificate holder shall exercise due diligence
10 in the supervision and training of the certificate holder's employees or
11 agents in the handling and sale of tobacco products and electronic
12 cigarettes on the holder's retail premises. Proof that employees or
13 agents of the certificate holder, while in the scope of their employment,
14 committed at least six (6) violations relating to IC 35-46-1-10.2(b)
15 IC 35-46-1-10.2(c) in any one (1) year period shall be prima facie
16 evidence of a lack of due diligence by the certificate holder in the
17 supervision and training of the certificate holder's employees or agents.
18 SECTION 3. IC 15-15-13-6.7 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2023]: Sec. 6.7. As used in this chapter,
21 "work in progress hemp extract" means a compound:
22 (1) derived from hemp;
23 (2) intended to be processed into a hemp product;
24 (3) in a partially processed state;
25 (4) having a concentration of delta-9 THC that exceeds
26 three-tenths of one percent (0.3%) by dry weight; and
27 (5) not marketed for consumer use or consumption.
28 SECTION 4. IC 15-15-13-11, AS AMENDED BY P.L.190-2019,
29 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2023]: Sec. 11. Only a hemp licensee, the licensee's designee,
31 or the licensee's agents may be permitted to transport hemp or work in
32 progress hemp extract off a production site. When transporting hemp
33 or work in progress hemp extract off the production site, the hemp
34 licensee, designee, or agent shall have in the licensee's, designee's, or
35 agent's possession the licensing documents from the state seed
36 commissioner evidencing that the hemp or work in progress hemp
37 extract is from certified seed produced by a licensed grower.
38 SECTION 5. IC 15-15-13-11.5 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2023]: Sec. 11.5. (a) Subject to subsection (b),
41 a handler holding a valid license under this chapter may possess,
42 manufacture, store, transport, or sell work in progress hemp
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1 extract.
2 (b) Work in progress hemp extract may be sold only to a:
3 (1) handler holding a valid license under this chapter; or
4 (2) person holding a valid hemp or cannabis license in another
5 jurisdiction.
6 SECTION 6. IC 15-15-13-19, AS ADDED BY P.L.190-2019,
7 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 19. (a) Hemp bud (as defined in IC 35-48-1-17.2)
9 and hemp flower (as defined in IC 35-48-1-17.3) Craft hemp flower
10 (as defined by IC 35-31.5-2-68.8) may be transported or sold
11 intrastate only to a processor licensed under this chapter for
12 processing or manufacturing into a legal hemp product, including
13 a craft hemp flower product (as defined by IC 35-31.5-2-68.9).
14 (b) Craft hemp flower may be sold and transported interstate in
15 accordance with section 11 of this chapter.
16 (b) (c) The state seed commissioner may impose a civil penalty
17 under section 13 of this chapter for a violation of subsection (a).
18 SECTION 7. IC 16-42-2-2 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A food is
20 considered adulterated under any of the following conditions:
21 (1) If the food bears or contains any poisonous or deleterious
22 substance that may make the food injurious to health. However,
23 if the substance is not an added substance, the food is not to be
24 considered adulterated under this subdivision if the quantity of the
25 substance in the food does not ordinarily make the food injurious
26 to health.
27 (2) If:
28 (A) the food bears or contains any added poison or added
29 deleterious substance (other than a poison or a deleterious
30 substance that is a pesticide chemical in or on a raw
31 agricultural commodity, a food additive, or a color additive)
32 that is unsafe within the meaning of section 5 of this chapter;
33 (B) the food is a raw agricultural commodity and the food
34 bears or contains a pesticide chemical that is unsafe under
35 section 5 of this chapter; or
36 (C) the food is or contains a food additive that is unsafe under
37 section 5 of this chapter.
38 However, when a pesticide chemical is used in or on a raw
39 agricultural commodity in conformity with an exemption granted
40 or tolerance prescribed under section 5 of this chapter and the raw
41 agricultural commodity has been subjected to processing such as
42 canning, cooking, freezing, dehydrating, or milling, the residue of
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1 the pesticide chemical remaining in or on the processed food,
2 notwithstanding section 5 of this chapter and clause (C) is not
3 considered unsafe if the residue in or on the raw agricultural
4 commodity has been removed to the extent possible in good
5 manufacturing practice, and the concentration of the residues in
6 the processed food, when ready to eat, is not greater than the
7 tolerance prescribed for the raw agricultural commodity.
8 (3) If the food consists in whole or in part of a diseased,
9 contaminated, filthy, putrid, or decomposed substance or if the
10 food is otherwise unfit for food.
11 (4) If the food has been produced, transported, handled, prepared,
12 packed, or held under unsanitary conditions or in unsanitary
13 containers as the result of which the food may have become
14 contaminated with filth or made diseased, unwholesome, or
15 injurious to health.
16 (5) If the food is, in whole or in part, the product of:
17 (A) a diseased animal;
18 (B) an animal that has died otherwise than by slaughter; or
19 (C) an animal that has been fed upon the uncooked offal from
20 a slaughterhouse.
21 (6) If the food's container is composed in whole or in part of any
22 poisonous or deleterious substance that may make the contents
23 injurious to health.
24 (7) If the food has been intentionally subjected to radiation, unless
25 the use of the radiation was in conformity with a rule or an
26 exemption in effect under section 5 of this chapter.
27 (8) If any valuable constituent has been in whole or in part
28 omitted or abstracted from the food.
29 (9) If any substance has been substituted wholly or in part.
30 (10) If damage or inferiority has been concealed in any manner.
31 (11) If any substance has been added to the food or mixed or
32 packed with the food to:
33 (A) increase the food's bulk or weight;
34 (B) reduce the food's quality or strength;
35 (C) make the food appear better or of greater value than the
36 food is; or
37 (D) create a deceptive appearance.
38 (12) If the food bears or contains a coal-tar color other than one
39 from a batch that has been certified by the federal Food and Drug
40 Administrator, as provided by regulations promulgated under
41 authority of the Federal Act.
42 (13) If the food is a confectionery and has partially or completely
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1 imbedded embedded in the food any nonnutritive object.
2 However, this subdivision does not apply in the case of any
3 nonnutritive object if, in the judgment of the state department as
4 provided by rules, the nonnutritive object is of practical,
5 functional value to the confectionery product and would not make
6 the product injurious or hazardous to health.
7 (14) If the food is a confectionery and bears or contains any
8 alcohol other than alcohol not in excess of one-half of one percent
9 (0.5%) by volume derived solely from the use of flavoring
10 extracts.
11 (15) If the food is a confectionery and bears or contains any
12 nonnutritive substance. However, this subdivision does not apply
13 to a safe, nonnutritive substance if:
14 (A) the nonnutritive substance is in or on a confectionery for
15 a practical, functional purpose in the manufacture, packaging,
16 or storing of the confectionery; and
17 (B) the use of the substance does not promote deception of the
18 consumer or otherwise result in adulteration or misbranding in
19 violation of any provision of IC 16-42-1 through IC 16-42-4.
20 In addition, the state department may, for the purpose of
21 avoiding or resolving uncertainty as to the application of this
22 subdivision, adopt rules allowing or prohibiting the use of
23 particular nonnutritive substances.
24 (16) If the food falls below the standard of purity, quality, or
25 strength that the food purports or is represented to possess.
26 (17) If the food is or bears or contains any color additive that is
27 unsafe under section 5 of this chapter.
28 (b) Subsection (a)(8) and (a)(9) do not prohibit:
29 (1) the removal of butterfat from; or
30 (2) the addition of skim milk to;
31 dairy products that comply with the definitions and standards for dairy
32 products adopted by the state department.
33 (c) A food is not considered adulterated for containing low THC
34 hemp extract (as defined in IC 35-48-1-17.5) or craft hemp flower
35 (as defined in IC 35-31.5-2-68.8).
36 SECTION 8. IC 24-4-21-4, AS ADDED BY P.L.153-2018,
37 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2023]: Sec. 4. (a) Except as provided in subsection (b), low
39 THC hemp extract must be distributed in packaging that contains the
40 following information:
41 (1) A scannable bar code or QR code linked to a document that
42 contains information with respect to the manufacture of the low
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1 THC hemp extract, including the:
2 (A) batch identification number;
3 (B) product name;
4 (C) batch date;
5 (D) expiration date, which must be not more than two (2) years
6 from the date of manufacture;
7 (E) batch size;
8 (F) total quantity produced; and
9 (G) ingredients used, including the:
10 (i) ingredient name;
11 (ii) name of the company that manufactured the ingredient;
12 (iii) company or product identification number or code, if
13 applicable; and
14 (iv) ingredient lot number; and
15 (H) (G) download link for a certificate of analysis for the low
16 THC hemp extract.
17 (2) The batch number.
18 (3) The Internet address of a web site website to obtain batch
19 information.
20 (4) The expiration date.
21 (5) The number of milligrams of low THC hemp extract.
22 (6) The manufacturer.
23 (7) The fact that the product contains not more than three-tenths
24 percent (0.3%) total delta-9-tetrahydrocannabinol (THC),
25 including precursors, by weight.
26 (b) Before July 1, 2018, low THC hemp extract may be distributed
27 in Indiana without having met the requirements described in subsection
28 (a).
29 (b) After June 30, 2023, the packaging of low THC hemp extract
30 may not:
31 (1) contain any statement, artwork, or design that could
32 reasonably mislead any person to believe that the package
33 contains anything other than low THC hemp extract;
34 (2) bear the likeness or contain a cartoon-like characteristic
35 of a real or fictional person, animal, or fruit that appeals to
36 children; or
37 (3) bear an unauthorized trademark, trade name, famous
38 mark, or other identifying mark, imprint, or device, or any
39 likeness thereof.
40 SECTION 9. IC 24-4-22-3, AS ADDED BY P.L.153-2018,
41 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (b), A
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1 person may sell low THC hemp extract at retail only if the packaging
2 complies with the requirements of IC 24-4-21-4.
3 (b) Before July 1, 2018, a person may sell low THC hemp extract at
4 retail even if the packaging does not comply with the requirements of
5 IC 24-4-21-4.
6 (b) Beginning July 1, 2023, no low THC hemp extract
7 containing:
8 (1) Delta-8 THC;
9 (2) Delta-10 THC;
10 (3) Hexahydrocannabinol (HHC);
11 (4) Tetrahydrocannabinol acetate ester (THCo);
12 (5) Tetrahydrocannabiporol (THCp); or
13 (6) Tetrahydrocannabivarin (THCv);
14 may be distributed, sold, or offered for sale at retail or online to a
15 person who is less than twenty-one (21) years of age.
16 (c) Any website owned, managed, or operated by a person who
17 distributes or sells a product containing:
18 (1) Delta-8 THC;
19 (2) Delta-10 THC;
20 (3) Hexahydrocannabinol (HHC);
21 (4) Tetrahydrocannabinol acetate ester (THCo);
22 (5) Tetrahydrocannabiporol (THCp); or
23 (6) Tetrahydrocannabivarin (THCv);
24 directly to consumers must verify a consumer's age by either using
25 a reliable online age verification service, or by obtaining and
26 examining a copy of a government issued identification, prior to
27 completing a purchase.
28 (d) A person who violates this section is subject to a civil penalty
29 not to exceed the following:
30 (1) One thousand dollars ($1,000) for a first violation.
31 (2) Five thousand dollars ($5,000) for a second violation that
32 occurs within two (2) years after a first violation, and
33 suspension of the retail dealer's certificate for up to six (6)
34 months.
35 (3) Ten thousand dollars ($10,000) for each subsequent
36 violation that occurs within two (2) years of the preceding
37 violation, and revocation of the retail dealer's certificate, with
38 a one (1) year waiting period for reapplication.
39 (e) It is a defense to a violation under this section that the
40 distributor or seller examined the purchaser's or recipient's
41 driver's license, or other valid government issued identification,
42 that positively identified the purchaser or recipient as being at least
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1 twenty-one (21) years of age.
2 SECTION 10. IC 24-4-23 IS ADDED TO THE INDIANA CODE
3 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2023]:
5 Chapter 23. Distribution of Craft Hemp Flower Products
6 Sec. 1. As used in this chapter, "certificate of analysis" means
7 a certificate from an independent testing laboratory describing the
8 results of the laboratory's testing of a sample.
9 Sec. 2. As used in this chapter, "craft hemp flower product" has
10 the meaning set forth in IC 35-31.5-2-68.9.
11 Sec. 3. As used in this chapter, "independent testing laboratory"
12 means a laboratory:
13 (1) with respect to which no person having a direct or indirect
14 interest in the laboratory also has a direct or indirect interest
15 in a facility that:
16 (A) processes, distributes, or sells a craft hemp flower
17 product, or a substantially similar substance in another
18 jurisdiction;
19 (B) cultivates, processes, distributes, dispenses, or sells
20 marijuana;
21 (C) cultivates, processes, or distributes hemp; or
22 (D) processes, distributes, or sells low THC hemp extract
23 (as defined in IC 35-48-1-17.5); and
24 (2) that is accredited as a testing laboratory under
25 International Organization for Standardization (ISO) 17025
26 by a third party accrediting body such as the American
27 Association for Laboratory Accreditation (A2LA) or Assured
28 Calibration and Laboratory Accreditation Select Services
29 (ACLASS).
30 Sec. 4. As used in this chapter, "tamper evident packaging"
31 means a package having at least one (1) indicator or a barrier to
32 entry that, if breached or missing, can reasonably be expected to
33 provide visible evidence to consumers that tampering has occurred.
34 Sec. 5. (a) Before a person may distribute a craft hemp flower
35 product, the distributor must have a certificate of analysis
36 prepared by an independent testing laboratory showing the
37 following:
38 (1) That the craft hemp flower product is the product of a
39 batch tested by the independent testing laboratory.
40 (2) That the independent testing laboratory determined that
41 the batch contained not more than three-tenths percent
42 (0.3%) delta-9-tetrahydrocannabinol (THC), including
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1 precursors, by weight, based on the testing of a random
2 sample of the batch.
3 (3) That the batch has been tested for and does not exceed the
4 acceptable levels set forth under section 7 of this chapter for
5 the following contaminants:
6 (A) Heavy metals, including cadmium, lead, arsenic, and
7 mercury.
8 (B) Pesticides.
9 (C) Herbicides.
10 (D) Mycotoxins.
11 (E) Bacterial toxins.
12 (F) Chemical solvent residues.
13 (4) The potency of the craft hemp flower product, including
14 the projected percentage of:
15 (A) THC;
16 (B) cannabidiol; and
17 (C) other cannabinoids in the craft hemp flower product;
18 by weight or volume.
19 (b) Each batch of a craft hemp flower product submitted to an
20 independent testing laboratory under this section must have been
21 harvested at the same time and cultivated in a contiguous area in
22 the same field or facility.
23 Sec. 6. A craft hemp flower product must be distributed in
24 tamper evident packaging that contains the following information:
25 (1) A scannable bar code or QR code linked to a document
26 that contains information with respect to the craft hemp
27 flower product, including the:
28 (A) batch identification number;
29 (B) product name;
30 (C) batch date;
31 (D) expiration date, which must be not more than two (2)
32 years from the date of harvest;
33 (E) batch size;
34 (F) total quantity produced;
35 (G) ingredients used, including the:
36 (i) ingredient name;
37 (ii) name of the company that manufactured the
38 ingredient;
39 (iii) company or product identification number or code,
40 if applicable; and
41 (iv) ingredient lot number; and
42 (H) download link for a certificate of analysis for the craft
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1 hemp flower product.
2 (2) The batch identification number.
3 (3) The address of a website to obtain batch information.
4 (4) The expiration date, which must be not more than two (2)
5 years from the date of harvest.
6 (5) The number of grams of craft hemp flower (as defined by
7 IC 35-31.5-2-68.8) contained in the craft hemp flower product.
8 (6) The facility that produced the craft hemp flower product.
9 (7) The fact that the product contains not more than
10 three-tenths percent (0.3%) delta-9-tetrahydrocannabinol
11 (THC), including precursors, by weight.
12 Sec. 7. A craft hemp flower product may not be distributed if a
13 certificate of analysis prepared by an independent testing
14 laboratory shows any of the following:
15 (1) A concentration of metals that is more than any of the
16 following:
17 (A) Four-tenths (0.4) part per million of cadmium.
18 (B) Five-tenths (0.5) part per million of lead.
19 (C) Four-tenths (0.4) part per million of arsenic.
20 (D) Two-tenths (0.2) part per million of mercury.
21 (2) A concentration of microbiological units that is more than
22 any of the following:
23 (A) One (1) colony forming unit per gram of Shiga-Toxin
24 Escherichia coli.
25 (B) One (1) colony forming unit per gram of Salmonella
26 spp.
27 (C) Ten thousand (10,000) colony forming units of
28 culturable mold.
29 (3) A concentration of residual solvents and chemicals that is
30 not more than any of the following:
31 (A) Five thousand (5,000) parts per million of butane.
32 (B) Two (2) parts per million of benzene.
33 (C) Five thousand (5,000) parts per million of heptane.
34 (D) Two hundred ninety (290) parts per million of hexane.
35 (E) Eight hundred ninety (890) parts per million of toluene.
36 (F) One (1) part per million of total xylenes, including
37 ortho-xylene, meta-xylene, and para-xylene.
38 Sec. 8. (a) A person in a motor vehicle who, while the motor
39 vehicle is in operation or the motor vehicle is located on the
40 right-of-way of a public highway (as defined in IC 9-25-2-4),
41 knowingly or intentionally possesses a container that contains a
42 craft hemp flower product, and:
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1 (1) the container does not have tamper evident packaging; or
2 (2) the tamper evident packaging has a broken seal;
3 commits a Class C misdemeanor.
4 (b) A violation of this section is not considered a moving traffic
5 violation:
6 (1) for purposes of IC 9-14-12-3; and
7 (2) for which points are assessed by the bureau of motor
8 vehicles under the point system.
9 Sec. 9. (a) A person who knowingly or intentionally distributes
10 or sells a craft hemp flower product in violation of this chapter
11 commits a Class B misdemeanor. However, the offense is a Class
12 A misdemeanor if the person has a prior unrelated conviction for
13 a violation of this chapter.
14 (b) The penalties in this section are in addition to any criminal
15 penalties that may be imposed for unlawful possession or
16 distribution of a controlled substance.
17 SECTION 11. IC 35-31.5-2-68.8 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2023]: Sec. 68.8. (a) "Craft hemp flower"
20 means the harvested reproductive organ, whether immature or
21 mature, of the female Cannabis sativa L. plant containing not more
22 than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol
23 (THC), including precursors of THC, in a form that is intended to
24 allow THC to be introduced into the human body by inhalation of
25 smoke.
26 (b) The term does not include agricultural hemp seed (as defined
27 in IC 15-15-13-2).
28 SECTION 12. IC 35-31.5-2-68.9 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2023]: Sec. 68.9. "Craft hemp flower
31 product" means a substance or product for sale to consumers that:
32 (1) is derived from or contains any part of craft hemp flower;
33 and
34 (2) is in the form of:
35 (A) a gummy;
36 (B) an edible;
37 (C) a tincture; or
38 (D) an e-liquid in a tamper evident container.
39 The term does not include smokable hemp.
40 SECTION 13. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
41 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2023]: Sec. 100. (a) "Distribute", for purposes of
SB 293—LS 6864/DI 120 12
1 IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
2 (b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
3 forth in IC 35-46-1-10(f). IC 35-46-1-10(a).
4 (c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
5 set forth in IC 35-46-1-10.2(g). IC 35-46-1-10.2(a).
6 (d) "Distribute", for purposes of IC 35-47.5, has the meaning set
7 forth in IC 35-47.5-2-6.
8 (e) "Distribute", for purposes of IC 35-48, has the meaning set forth
9 in IC 35-48-1-14.
10 (f) "Distribute", for purposes of IC 35-49, has the meaning set forth
11 in IC 35-49-1-2.
12 SECTION 14. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
13 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2023]: Sec. 10. (a) As used in this section, "distribute"
15 means to give tobacco, a craft hemp flower product, an e-liquid, or
16 an electronic cigarette to another person as a means of promoting,
17 advertising, or marketing the tobacco, craft hemp flower product,
18 e-liquid, or electronic cigarette to the general public.
19 (a) (b) A person may not be charged with a violation under this
20 section and a violation under IC 7.1-7-6-5.
21 (b) (c) A person who knowingly:
22 (1) sells or distributes tobacco, a craft hemp flower product, an
23 e-liquid, or an electronic cigarette to a person less than
24 twenty-one (21) years of age; or
25 (2) purchases tobacco, a craft hemp flower product, an e-liquid,
26 or an electronic cigarette for delivery to another person who is
27 less than twenty-one (21) years of age;
28 commits a Class C infraction. For a sale to take place under this
29 section, the buyer must pay the seller for the tobacco, craft hemp
30 flower product, e-liquid, or electronic cigarette.
31 (c) (d) It is not a defense that the person to whom the tobacco, craft
32 hemp flower product, e-liquid, or electronic cigarette was sold or
33 distributed did not smoke, chew, inhale, or otherwise consume the
34 tobacco, craft hemp flower product, e-liquid, or electronic cigarette.
35 (d) (e) The following defenses are available to a person accused of
36 selling or distributing tobacco, a craft hemp flower product, an
37 e-liquid, or an electronic cigarette to a person who is less than
38 twenty-one (21) years of age:
39 (1) The buyer or recipient produced a driver's license bearing the
40 purchaser's or recipient's photograph, showing that the purchaser
41 or recipient was of legal age to make the purchase.
42 (2) The buyer or recipient produced a photographic identification
SB 293—LS 6864/DI 120 13
1 card issued under IC 9-24-16-1, or a similar card issued under the
2 laws of another state or the federal government, showing that the
3 purchaser or recipient was of legal age to make the purchase.
4 (3) The appearance of the purchaser or recipient was such that an
5 ordinary prudent person would believe that the purchaser or
6 recipient was not less than thirty (30) years of age.
7 (e) (f) It is a defense that the accused person sold or delivered the
8 tobacco, craft hemp flower product, e-liquid, or electronic cigarette
9 to a person who acted in the ordinary course of employment or a
10 business concerning tobacco, a craft hemp flower product, an
11 e-liquid, or electronic cigarettes including the following activities:
12 (1) Agriculture.
13 (2) Processing.
14 (3) Transporting.
15 (4) Wholesaling.
16 (5) Retailing.
17 (f) As used in this section, "distribute" means to give tobacco, an
18 e-liquid, or an electronic cigarette to another person as a means of
19 promoting, advertising, or marketing the tobacco, e-liquid, or electronic
20 cigarette to the general public.
21 (g) Unless the person buys or receives tobacco, a craft hemp
22 flower product, an e-liquid, or an electronic cigarette under the
23 direction of a law enforcement officer as part of an enforcement action,
24 a person who sells or distributes tobacco, a craft hemp flower
25 product, an e-liquid, or an electronic cigarette is not liable for a
26 violation of this section unless the person less than twenty-one (21)
27 years of age who bought or received the tobacco, craft hemp flower
28 product, e-liquid, or electronic cigarette is issued a citation or
29 summons under section 10.5 of this chapter.
30 (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
31 this section must be deposited in the Richard D. Doyle youth tobacco
32 education and enforcement fund (IC 7.1-6-2-6).
33 SECTION 15. IC 35-46-1-10.2, AS AMENDED BY P.L.32-2021,
34 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2023]: Sec. 10.2. (a) As used in this section, "distribute"
36 means to give tobacco, a craft hemp flower product, an e-liquid, or
37 an electronic cigarette to another person as a means of promoting,
38 advertising, or marketing the tobacco, craft hemp flower product,
39 e-liquid, or electronic cigarette to the general public.
40 (a) (b) A person may not be charged with a violation under this
41 section and a violation under IC 7.1-7-6-5.
42 (b) (c) A retail establishment that sells or distributes tobacco, a
SB 293—LS 6864/DI 120 14
1 craft hemp flower product, an e-liquid, or an electronic cigarette to
2 a person less than twenty-one (21) years of age commits a Class C
3 infraction. For a sale to take place under this section, the buyer must
4 pay the retail establishment for the tobacco, craft hemp flower
5 product, e-liquid, or electronic cigarette.
6 (c) (d) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
7 infraction committed under this section must be imposed as follows:
8 (1) If the retail establishment at that specific business location has
9 not been issued a citation or summons for a violation of this
10 section in the previous one (1) year, a civil penalty of up to four
11 hundred dollars ($400).
12 (2) If the retail establishment at that specific business location has
13 had one (1) citation or summons issued for a violation of this
14 section in the previous one (1) year, a civil penalty of up to eight
15 hundred dollars ($800).
16 (3) If the retail establishment at that specific business location has
17 had two (2) citations or summonses issued for a violation of this
18 section in the previous one (1) year, a civil penalty of up to one
19 thousand four hundred dollars ($1,400).
20 (4) If the retail establishment at that specific business location has
21 had three (3) or more citations or summonses issued for a
22 violation of this section in the previous one (1) year, a civil
23 penalty of up to two thousand dollars ($2,000).
24 A retail establishment may not be issued a citation or summons for a
25 violation of this section more than once every twenty-four (24) hours
26 for each specific business location.
27 (d) (e) It is not a defense that the person to whom the tobacco, craft
28 hemp flower product, e-liquid, or electronic cigarette was sold or
29 distributed did not smoke, chew, inhale, or otherwise consume the
30 tobacco, craft hemp flower product, e-liquid, or electronic cigarette.
31 (e) (f) The following defenses are available to a retail establishment
32 accused of selling or distributing tobacco, a craft hemp flower
33 product, an e-liquid, or an electronic cigarette to a person who is less
34 than twenty-one (21) years of age:
35 (1) The buyer or recipient produced a driver's license bearing the
36 purchaser's or recipient's photograph showing that the purchaser
37 or recipient was of legal age to make the purchase.
38 (2) The buyer or recipient produced a photographic identification
39 card issued under IC 9-24-16-1 or a similar card issued under the
40 laws of another state or the federal government showing that the
41 purchaser or recipient was of legal age to make the purchase.
42 (3) The appearance of the purchaser or recipient was such that an
SB 293—LS 6864/DI 120 15
1 ordinary prudent person would believe that the purchaser or
2 recipient was not less than thirty (30) years of age.
3 (f) (g) It is a defense that the accused retail establishment sold or
4 delivered the tobacco, craft hemp flower product, e-liquid, or
5 electronic cigarette to a person who acted in the ordinary course of
6 employment or a business concerning tobacco, a craft hemp flower
7 product, an e-liquid, or electronic cigarettes for the following
8 activities:
9 (1) Agriculture.
10 (2) Processing.
11 (3) Transporting.
12 (4) Wholesaling.
13 (5) Retailing.
14 (g) As used in this section, "distribute" means to give tobacco, an
15 e-liquid, or an electronic cigarette to another person as a means of
16 promoting, advertising, or marketing the tobacco or electronic cigarette
17 to the general public.
18 (h) Unless a person buys or receives tobacco, a craft hemp flower
19 product, an e-liquid, or an electronic cigarette under the direction of
20 a law enforcement officer as part of an enforcement action, a retail
21 establishment that sells or distributes tobacco, a craft hemp flower
22 product, an e-liquid, or an electronic cigarette is not liable for a
23 violation of this section unless the person less than twenty-one (21)
24 years of age who bought or received the tobacco, craft hemp flower
25 product, e-liquid, or electronic cigarette is issued a citation or
26 summons under section 10.5 of this chapter.
27 (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
28 this section must be deposited in the Richard D. Doyle youth tobacco
29 education and enforcement fund (IC 7.1-6-2-6).
30 (j) A person who violates subsection (b) (c) at least six (6) times in
31 any one (1) year commits habitual illegal sale of tobacco, sales, a Class
32 B infraction.
33 SECTION 16. IC 35-46-1-10.5, AS AMENDED BY P.L.49-2020,
34 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2023]: Sec. 10.5. (a) A person less than twenty-one (21) years
36 of age who:
37 (1) purchases tobacco, a craft hemp flower product, an e-liquid,
38 or an electronic cigarette;
39 (2) accepts tobacco, a craft hemp flower product, an e-liquid,
40 or an electronic cigarette for personal use; or
41 (3) possesses tobacco, a craft hemp flower product, an e-liquid,
42 or an electronic cigarette on the person's person;
SB 293—LS 6864/DI 120 16
1 commits a Class C infraction.
2 (b) It is a defense under subsection (a) that the accused person acted
3 in the ordinary course of employment in a business concerning tobacco,
4 a craft hemp flower product, an e-liquid, or an electronic cigarette for
5 the following activities:
6 (1) Agriculture.
7 (2) Processing.
8 (3) Transporting.
9 (4) Wholesaling.
10 (5) Retailing.
11 SECTION 17. IC 35-48-1-9, AS AMENDED BY P.L.153-2018,
12 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2023]: Sec. 9. "Controlled substance" means a drug,
14 substance, or immediate precursor in schedule I, II, III, IV, or V under:
15 (1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or
16 IC 35-48-2-12, if IC 35-48-2-14 does not apply; or
17 (2) a rule adopted by the board, if IC 35-48-2-14 applies.
18 The term does not include low THC hemp extract or a craft hemp
19 flower product.
20 SECTION 18. IC 35-48-1-9.3, AS AMENDED BY P.L.80-2019,
21 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2023]: Sec. 9.3. (a) "Controlled substance analog" means a
23 substance that, due to its chemical structure and potential for abuse or
24 misuse, meets the following criteria:
25 (1) The substance is substantially similar to a controlled substance
26 classified under IC 35-48-2.
27 (2) The substance has a narcotic, stimulant, depressant, or
28 hallucinogenic effect on the central nervous system or is
29 represented or intended to have a narcotic, stimulant, depressant,
30 or hallucinogenic effect on the central nervous system
31 substantially similar to or greater than that of a controlled
32 substance classified under IC 35-48-2.
33 (b) The definition set forth in subsection (a) does not include:
34 (1) a controlled substance;
35 (2) a legend drug;
36 (3) a substance for which there is an approved new drug
37 application;
38 (4) any compound, mixture, or preparation that contains any
39 controlled substance, that is not for administration to a human
40 being or an animal, and that is packaged in a form or
41 concentration, or with adulterants or denaturants, such that as
42 packaged it does not present any significant potential for abuse;
SB 293—LS 6864/DI 120 17
1 or
2 (5) a substance to which an investigational exemption applies
3 under Section 505 of the federal Food, Drug and Cosmetic Act
4 (chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the
5 extent that conduct with respect to the substance is pursuant to the
6 exemption; or
7 (6) low THC hemp extract; or
8 (7) a craft hemp flower product.
9 (c) For purposes of subsection (a), "substantially similar", as it
10 applies to the chemical structure of a substance, means that the
11 chemical structure of the substance, when compared to the structure of
12 a controlled substance, has a single difference in the structural formula
13 that substitutes one (1) atom or functional group for another, including:
14 (1) one (1) halogen for another halogen;
15 (2) one (1) hydrogen for a halogen;
16 (3) one (1) halogen for a hydrogen; or
17 (4) an alkyl group added or deleted:
18 (A) as a side chain to or from a molecule; or
19 (B) from a side chain of a molecule.
20 SECTION 19. IC 35-48-1-10.5 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. "Craft hemp flower
23 product" has the meaning set forth in IC 35-31.5-2-68.9.
24 SECTION 20. IC 35-48-1-16.8, AS ADDED BY P.L.153-2018,
25 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2023]: Sec. 16.8. "Hashish" does not include:
27 (1) low THC hemp extract; or
28 (2) a craft hemp flower product.
29 SECTION 21. IC 35-48-1-17.2 IS REPEALED [EFFECTIVE JULY
30 1, 2023]. Sec. 17.2. (a) "Hemp bud" means the harvested immature
31 reproductive organ of the female hemp plant.
32 (b) The term does not include agricultural hemp seed.
33 SECTION 22. IC 35-48-1-17.3 IS REPEALED [EFFECTIVE JULY
34 1, 2023]. Sec. 17.3. (a) "Hemp flower" means the harvested
35 reproductive organ, whether immature or mature, of the female hemp
36 plant.
37 (b) The term does not include agricultural hemp seed.
38 SECTION 23. IC 35-48-1-17.5, AS AMENDED BY P.L.190-2019,
39 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2023]: Sec. 17.5. (a) "Low THC hemp extract" means a
41 substance or compound that:
42 (1) is derived from or contains any part of the plant Cannabis
SB 293—LS 6864/DI 120 18
1 sativa L. that meets the definition of hemp under IC 15-15-13-6;
2 (2) contains not more than three-tenths percent (0.3%) total
3 delta-9-tetrahydrocannabinol (THC), including precursors, by
4 weight; and
5 (3) contains no other controlled substances.
6 (b) The term does not include:
7 (1) the harvested reproductive organ, whether immature or
8 mature, of the female hemp plant; or
9 (2) smokable hemp. a craft hemp flower product; or
10 (3) smokable hemp.
11 SECTION 24. IC 35-48-1-19, AS AMENDED BY P.L.190-2019,
12 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2023]: Sec. 19. (a) "Marijuana" means any part of the plant
14 genus Cannabis whether growing or not; the seeds thereof; the resin
15 extracted from any part of the plant, including hashish and hash oil; any
16 compound, manufacture, salt, derivative, mixture, or preparation of the
17 plant, its seeds or resin.
18 (b) The term does not include:
19 (1) the mature stalks of the plant;
20 (2) fiber produced from the stalks;
21 (3) oil or cake made from the seeds of the plant;
22 (4) any other compound, manufacture, salt, derivative, mixture,
23 or preparation of the mature stalks (except the resin extracted
24 therefrom);
25 (5) the sterilized seed of the plant which is incapable of
26 germination;
27 (6) hemp (as defined by IC 15-15-13-6);
28 (7) low THC hemp extract; or
29 (8) smokable hemp. a craft hemp flower product; or
30 (9) smokable hemp.
31 SECTION 25. IC 35-48-1-26.6, AS ADDED BY P.L.190-2019,
32 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2023]: Sec. 26.6. (a) Except as provided in subsection (b),
34 "smokable hemp" means a product plant or a part of a plant
35 containing not more than three-tenths percent (0.3%)
36 delta-9-tetrahydrocannabinol (THC), including precursors and
37 derivatives of THC, in a form that allows THC to be introduced into the
38 human body by inhalation of smoke. Except as provided in subsection
39 (b), the term includes craft hemp flower.
40 (1) hemp bud; and
41 (2) hemp flower.
42 (b) The term does not include a craft hemp flower product (as
SB 293—LS 6864/DI 120 19
1 defined by IC 35-31.5-2-68.9), or:
2 (1) a hemp plant that is; or
3 (2) parts of a hemp plant that are; or
4 (3) craft hemp flower that is;
5 grown or handled by a licensee for processing or manufacturing into a
6 legal hemp product, including a craft hemp flower product.
7 SECTION 26. IC 35-52-24-20.3 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2023]: Sec. 20.3. IC 24-4-23-8 defines a crime
10 concerning possession of craft hemp flower products.
11 SECTION 27. IC 35-52-24-20.4 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2023]: Sec. 20.4. IC 24-4-23-9 defines a crime
14 concerning distribution or sale of craft hemp flower products.
SB 293—LS 6864/DI 120 20
COMMITTEE REPORT
Madam President: The Senate Committee on Tax and Fiscal Policy,
to which was referred Senate Bill No. 293, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Delete the amendment AM029301 adopted by the Senate Tax and
Fiscal Policy Committee on January 24, 2023.
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Page 1, delete lines 1 through 17.
Delete pages 2 through 11.
Page 12, delete lines 1 through 18.
Page 13, delete lines 11 through 42, begin a new paragraph and
insert:
"SECTION 8. IC 15-15-13-6.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 6.7. As used in this chapter,
"work in progress hemp extract" means a compound:
(1) derived from hemp;
(2) intended to be processed into a hemp product;
(3) in a partially processed state;
(4) having a concentration of delta-9 THC that exceeds
three-tenths of one percent (0.3%) by dry weight; and
(5) not marketed for consumer use or consumption.
SECTION 9. IC 15-15-13-11, AS AMENDED BY P.L.190-2019,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 11. Only a hemp licensee, the licensee's designee,
or the licensee's agents may be permitted to transport hemp or work in
progress hemp extract off a production site. When transporting hemp
or work in progress hemp extract off the production site, the hemp
licensee, designee, or agent shall have in the licensee's, designee's, or
agent's possession the licensing documents from the state seed
commissioner evidencing that the hemp or work in progress hemp
extract is from certified seed produced by a licensed grower.
SECTION 10. IC 15-15-13-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 11.5. (a) Subject to subsection (b),
a handler holding a valid license under this chapter may possess,
manufacture, store, transport, or sell work in progress hemp
extract.
SB 293—LS 6864/DI 120 21
(b) Work in progress hemp extract may be sold only to a:
(1) handler holding a valid license under this chapter; or
(2) person holding a valid hemp or cannabis license in another
jurisdiction.".
Page 14, delete lines 1 through 27, begin a new paragraph and
insert:
"SECTION 11. IC 15-15-13-19, AS ADDED BY P.L.190-2019,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 19. (a) Hemp bud (as defined in IC 35-48-1-17.2)
and hemp flower (as defined in IC 35-48-1-17.3) Craft hemp flower
(as defined by IC 35-31.5-2-68.8) may be transported or sold
intrastate only to a processor licensed under this chapter for
processing or manufacturing into a legal hemp product, including
a craft hemp flower product (as defined by IC 35-31.5-2-68.9).
(b) Craft hemp flower may be sold and transported interstate in
accordance with section 11 of this chapter.
(b) (c) The state seed commissioner may impose a civil penalty
under section 13 of this chapter for a violation of subsection (a).".
Page 19, line 15, after "Flower" insert "Products".
Page 19, line 19, delete "flower"" and insert "flower product"".
Page 19, line 20, delete "IC 35-31.5-2-68.8." and insert "IC
35-31.5-2-68.9.".
Page 19, line 26, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 20, line 1, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 20, line 4, delete "craft hemp flower" and insert "craft hemp
flower product".
Page 20, line 21, delete "craft hemp flower," and insert "craft hemp
flower product,".
Page 20, line 25, delete "craft hemp flower;" and insert "craft hemp
flower product;".
Page 20, line 27, delete "craft hemp flower" and insert "a craft
hemp flower product".
Page 20, line 31, delete "Craft hemp flower" and insert "A craft
hemp flower product".
Page 20, line 34, delete "craft hemp" and insert "craft hemp flower
product,".
Page 20, line 35, delete "flower,".
Page 21, line 9, delete "flower." and insert "flower product.".
Page 21, line 14, delete "flower." and insert "flower (as defined by
IC 35-31.5-2-68.8) contained in the craft hemp flower product.".
SB 293—LS 6864/DI 120 22
Page 21, line 15, delete "craft hemp flower." and insert "craft hemp
flower product.".
Page 21, line 19, delete "craft hemp flower" and insert "craft hemp
flower product".
Page 22, line 6, delete "possesses" and insert "knowingly or
intentionally possesses".
Page 22, line 6, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 22, line 9, delete "infraction." and insert "misdemeanor.".
Page 22, line 15, delete "distributes" and insert "knowingly or
intentionally distributes".
Page 22, line 15, delete "craft hemp flower" and insert "a craft
hemp flower product".
Page 22, line 16, delete "infraction." and insert "misdemeanor.".
Page 22, line 17, delete "infraction" and insert "misdemeanor".
Page 22, line 18, delete "judgment" and insert "conviction".
Page 22, between lines 32 and 33, begin a new paragraph and insert:
"SECTION 17. IC 35-31.5-2-68.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 68.9. "Craft hemp flower
product" means a substance or product for sale to consumers that:
(1) is derived from or contains any part of craft hemp flower;
and
(2) is in the form of:
(A) a gummy;
(B) an edible;
(C) a tincture; or
(D) an e-liquid in a tamper evident container.
The term does not include smokable hemp.".
Page 23, line 8, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 23, line 10, delete "craft hemp flower," and insert "craft hemp
flower product,".
Page 23, line 15, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 23, line 18, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 23, line 23, delete "flower," and insert "flower product,".
Page 23, line 25, delete "flower," and insert "flower product,".
Page 23, line 27, delete "flower," and insert "flower product,".
Page 23, line 29, delete "craft hemp flower," and insert "a craft
hemp flower product,".
SB 293—LS 6864/DI 120 23
Page 24, line 1, delete "craft hemp flower," and insert "craft hemp
flower product,".
Page 24, line 3, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 24, line 14, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 24, line 17, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 24, line 20, delete "craft hemp flower," and insert "craft hemp
flower product,".
Page 24, line 28, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 24, line 30, delete "craft hemp flower," and insert "craft hemp
flower product,".
Page 24, line 34, delete "craft" and insert "a craft hemp flower
product,".
Page 24, line 35, delete "hemp flower,".
Page 24, line 38, delete "craft hemp flower," and insert "craft hemp
flower product,".
Page 25, line 20, delete "flower," and insert "flower product,".
Page 25, line 22, delete "flower," and insert "flower product,".
Page 25, line 24, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 25, line 38, delete "craft hemp flower," and insert "craft hemp
flower product,".
Page 25, line 40, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 26, line 9, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 26, line 12, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 26, line 15, delete "craft hemp flower," and insert "craft hemp
flower product,".
Page 26, line 28, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 26, line 30, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 26, line 32, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 26, line 37, delete "craft hemp flower," and insert "a craft
hemp flower product,".
Page 27, line 9, delete "craft hemp" and insert "a craft hemp flower
SB 293—LS 6864/DI 120 24
product.".
Page 27, delete line 10.
Page 27, line 41, delete "craft hemp flower." and insert "a craft
hemp flower product.".
Page 28, line 13, delete "flower"" and insert "flower product"".
Page 28, line 14, delete "IC 35-31.5-2-68.8." and insert "IC
35-31.5-2-68.9.".
Page 28, line 19, delete "craft hemp flower." and insert "a craft
hemp flower product.".
Page 28, line 41, strike "or".
Page 28, line 42, delete "craft hemp flower." and insert "a craft
hemp flower product; or
(3) smokable hemp.".
Page 29, line 18, strike "or".
Page 29, line 19, delete "craft hemp flower." and insert "a craft
hemp flower product; or
(9) smokable hemp.".
Page 29, delete lines 20 through 42, begin a new paragraph and
insert:
"SECTION 30. IC 35-48-1-26.6, AS ADDED BY P.L.190-2019,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 26.6. (a) Except as provided in subsection (b),
"smokable hemp" means a product plant or a part of a plant
containing not more than three-tenths percent (0.3%)
delta-9-tetrahydrocannabinol (THC), including precursors and
derivatives of THC, in a form that allows THC to be introduced into the
human body by inhalation of smoke. Except as provided in subsection
(b), the term includes craft hemp flower.
(1) hemp bud; and
(2) hemp flower.
(b) The term does not include a craft hemp flower product (as
defined by IC 35-31.5-2-68.9), or:
(1) a hemp plant that is; or
(2) parts of a hemp plant that are; or
(3) craft hemp flower that is;
grown or handled by a licensee for processing or manufacturing into a
legal hemp product, including a craft hemp flower product.
SECTION 31. IC 35-52-24-20.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 20.3. IC 24-4-23-8 defines a crime
concerning possession of craft hemp flower products.
SECTION 32. IC 35-52-24-20.4 IS ADDED TO THE INDIANA
SB 293—LS 6864/DI 120 25
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 20.4. IC 24-4-23-9 defines a crime
concerning distribution or sale of craft hemp flower products.".
Delete page 30.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 293 as introduced, and amended by the Senate
Tax and Fiscal Policy Committee on January 24, 2023.)
HOLDMAN, Chairperson
Committee Vote: Yeas 11, Nays 1.
SB 293—LS 6864/DI 120