Indiana 2023 Regular Session

Indiana Senate Bill SB0308 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 308
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-2.5-8-7; IC 6-8.1-1-1; IC 6-11; IC 7.1-8;
7	7	IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
8	8	IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
9	9	IC 34-24-1-1; IC 34-30-2.1-73.5; IC 35-31.5-2-185; IC 35-45-6-1;
10	10	IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
11	11	Synopsis: Cannabis legalization. Establishes a procedure for the
12	12	lawful production and sale of cannabis in Indiana. Makes conforming
13	13	amendments.
14	14	Effective: July 1, 2023.
15	15	Walker K
16	16	January 12, 2023, read first time and referred to Committee on Commerce and Technology.
17	17	2023 IN 308—LS 7125/DI 106 Introduced
18	18	First Regular Session of the 123rd General Assembly (2023)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2022 Regular Session of the General Assembly.
28	28	SENATE BILL No. 308
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	criminal law and procedure.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 6-2.5-8-7, AS AMENDED BY P.L.156-2020,
33	33	2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2023]: Sec. 7. (a) The department may, for good cause, revoke
35	35	4 a certificate issued under section 1, 3, or 4 of this chapter. However,
36	36	5 the department must give the certificate holder at least five (5) days
37	37	6 notice before it revokes the certificate under this subsection. Good
38	38	7 cause for revocation may include the following:
39	39	8 (1) Failure to:
40	40	9 (A) file a return required under this chapter or for any tax
41	41	10 collected for the state in trust; or
42	42	11 (B) remit any tax collected for the state in trust.
43	43	12 (2) Being charged with a violation of any provision under IC 35.
44	44	13 (3) Being subject to a court order under IC 7.1-2-6-7,
45	45	14 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
46	46	15 (4) Being charged with a violation of IC 23-15-12.
47	47	16 (5) Operating as a retail merchant where the certificate issued
48	48	17 under section 1 of this chapter could have been denied under
49	49	2023 IN 308—LS 7125/DI 106 2
50	50	1 section 1(e) of this chapter prior to its issuance.
51	51	2 The department may revoke a certificate before a criminal adjudication
52	52	3 or without a criminal charge being filed. If the department gives notice
53	53	4 of an intent to revoke based on an alleged violation of subdivision (2),
54	54	5 the department shall hold a public hearing to determine whether good
55	55	6 cause exists. If the department finds in a public hearing by a
56	56	7 preponderance of the evidence that a person has committed a violation
57	57	8 described in subdivision (2), the department shall proceed in
58	58	9 accordance with subsection (i) (if the violation resulted in a criminal
59	59	10 conviction) or subsection (j) (if the violation resulted in a judgment for
60	60	11 an infraction).
61	61	12 (b) The department shall revoke a certificate issued under section
62	62	13 1, 3, or 4 of this chapter if, for a period of three (3) years, the certificate
63	63	14 holder fails to:
64	64	15 (1) file the returns required by IC 6-2.5-6-1; or
65	65	16 (2) report the collection of any state gross retail or use tax on the
66	66	17 returns filed under IC 6-2.5-6-1.
67	67	18 However, the department must give the certificate holder at least five
68	68	19 (5) days notice before it revokes the certificate.
69	69	20 (c) The department may, for good cause, revoke a certificate issued
70	70	21 under section 1 of this chapter after at least five (5) days notice to the
71	71	22 certificate holder if:
72	72	23 (1) the certificate holder is subject to an innkeeper's tax under
73	73	24 IC 6-9; and
74	74	25 (2) a board, bureau, or commission established under IC 6-9 files
75	75	26 a written statement with the department.
76	76	27 (d) The statement filed under subsection (c) must state that:
77	77	28 (1) information obtained by the board, bureau, or commission
78	78	29 under IC 6-8.1-7-1 indicates that the certificate holder has not
79	79	30 complied with IC 6-9; and
80	80	31 (2) the board, bureau, or commission has determined that
81	81	32 significant harm will result to the county from the certificate
82	82	33 holder's failure to comply with IC 6-9.
83	83	34 (e) The department shall revoke or suspend a certificate issued
84	84	35 under section 1 of this chapter after at least five (5) days notice to the
85	85	36 certificate holder if:
86	86	37 (1) the certificate holder owes taxes, penalties, fines, interest, or
87	87	38 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
88	88	39 days after the due date under IC 6-1.1; and
89	89	40 (2) the treasurer of the county to which the taxes are due requests
90	90	41 the department to revoke or suspend the certificate.
91	91	42 (f) The department shall reinstate a certificate suspended under
92	92	2023 IN 308—LS 7125/DI 106 3
93	93	1 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
94	94	2 or the county treasurer requests the department to reinstate the
95	95	3 certificate because an agreement for the payment of taxes and any
96	96	4 penalties due under IC 6-1.1 has been reached to the satisfaction of the
97	97	5 county treasurer.
98	98	6 (g) The department shall revoke a certificate issued under section
99	99	7 1 of this chapter after at least five (5) days notice to the certificate
100	100	8 holder if the department finds in a public hearing by a preponderance
101	101	9 of the evidence that the certificate holder has violated IC 35-45-5-3,
102	102	10 IC 35-45-5-3.5, or IC 35-45-5-4.
103	103	11 (h) If a person makes a payment for the certificate under section 1
104	104	12 or 3 of this chapter with a check, credit card, debit card, or electronic
105	105	13 funds transfer, and the department is unable to obtain payment of the
106	106	14 check, credit card, debit card, or electronic funds transfer for its full
107	107	15 face amount when the check, credit card, debit card, or electronic funds
108	108	16 transfer is presented for payment through normal banking channels, the
109	109	17 department shall notify the person by mail that the check, credit card,
110	110	18 debit card, or electronic funds transfer was not honored and that the
111	111	19 person has five (5) days after the notice is mailed to pay the fee in cash,
112	112	20 by certified check, or other guaranteed payment. If the person fails to
113	113	21 make the payment within the five (5) day period, the department shall
114	114	22 revoke the certificate.
115	115	23 (i) If the department finds in a public hearing by a preponderance of
116	116	24 the evidence that a person has a conviction for an offense under
117	117	25 IC 35-48-4 and the conviction involved the sale of or the offer to sell,
118	118	26 in the normal course of business, a synthetic drug (as defined in
119	119	27 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
120	120	28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled
121	121	29 substance analog (as defined in IC 35-48-1-9.3), or a substance
122	122	30 represented to be a controlled substance (as described in
123	123	31 IC 35-48-4-4.6) by a retail merchant in a place of business for which
124	124	32 the retail merchant has been issued a registered retail merchant
125	125	33 certificate under section 1 of this chapter, the department:
126	126	34 (1) shall suspend the registered retail merchant certificate for the
127	127	35 place of business for one (1) year; and
128	128	36 (2) may not issue another retail merchant certificate under section
129	129	37 1 of this chapter for one (1) year to any person:
130	130	38 (A) that:
131	131	39 (i) applied for; or
132	132	40 (ii) made a retail transaction under;
133	133	41 the retail merchant certificate suspended under subdivision
134	134	42 (1); or
135	135	2023 IN 308—LS 7125/DI 106 4
136	136	1 (B) that:
137	137	2 (i) owned or co-owned, directly or indirectly; or
138	138	3 (ii) was an officer, a director, a manager, or a partner of;
139	139	4 the retail merchant that was issued the retail merchant
140	140	5 certificate suspended under subdivision (1).
141	141	6 (j) If the department finds in a public hearing by a preponderance of
142	142	7 the evidence that a person has a judgment for a violation of
143	143	8 IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an infraction and
144	144	9 the violation involved the sale of or the offer to sell, in the normal
145	145	10 course of business, a synthetic drug or a synthetic drug lookalike
146	146	11 substance by a retail merchant in a place of business for which the
147	147	12 retail merchant has been issued a registered retail merchant certificate
148	148	13 under section 1 of this chapter, the department:
149	149	14 (1) may suspend the registered retail merchant certificate for the
150	150	15 place of business for six (6) months; and
151	151	16 (2) may withhold issuance of another retail merchant certificate
152	152	17 under section 1 of this chapter for six (6) months to any person:
153	153	18 (A) that:
154	154	19 (i) applied for; or
155	155	20 (ii) made a retail transaction under;
156	156	21 the retail merchant certificate suspended under subdivision
157	157	22 (1); or
158	158	23 (B) that:
159	159	24 (i) owned or co-owned, directly or indirectly; or
160	160	25 (ii) was an officer, a director, a manager, or a partner of;
161	161	26 the retail merchant that was issued the retail merchant
162	162	27 certificate suspended under subdivision (1).
163	163	28 (k) If the department finds in a public hearing by a preponderance
164	164	29 of the evidence that a person has a conviction for a violation of
165	165	30 IC 35-48-4-10(d)(3) IC 35-48-4-10(e) and the conviction involved an
166	166	31 offense committed by a retail merchant in a place of business for which
167	167	32 the retail merchant has been issued a registered retail merchant
168	168	33 certificate under section 1 of this chapter, the department:
169	169	34 (1) shall suspend the registered retail merchant certificate for the
170	170	35 place of business for one (1) year; and
171	171	36 (2) may not issue another retail merchant certificate under section
172	172	37 1 of this chapter for one (1) year to any person:
173	173	38 (A) that:
174	174	39 (i) applied for; or
175	175	40 (ii) made a retail transaction under;
176	176	41 the retail merchant certificate suspended under subdivision
177	177	42 (1); or
178	178	2023 IN 308—LS 7125/DI 106 5
179	179	1 (B) that:
180	180	2 (i) owned or co-owned, directly or indirectly; or
181	181	3 (ii) was an officer, a director, a manager, or a partner of;
182	182	4 the retail merchant that was issued the retail merchant
183	183	5 certificate suspended under subdivision (1).
184	184	6 SECTION 2. IC 6-8.1-1-1, AS AMENDED BY P.L.138-2022,
185	185	7 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
186	186	8 JULY 1, 2023]: Sec. 1. "Listed taxes" or "taxes" includes only the
187	187	9 pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the supplemental
188	188	10 wagering tax (IC 4-33-12); the riverboat wagering tax (IC 4-33-13); the
189	189	11 slot machine wagering tax (IC 4-35-8); the type II gambling game
190	190	12 excise tax (IC 4-36-9); the gross income tax (IC 6-2.1) (repealed); the
191	191	13 utility receipts and utility services use taxes (IC 6-2.3) (repealed); the
192	192	14 state gross retail and use taxes (IC 6-2.5); the adjusted gross income tax
193	193	15 (IC 6-3); the supplemental net income tax (IC 6-3-8) (repealed); the
194	194	16 county adjusted gross income tax (IC 6-3.5-1.1) (repealed); the county
195	195	17 option income tax (IC 6-3.5-6) (repealed); the county economic
196	196	18 development income tax (IC 6-3.5-7) (repealed); the local income tax
197	197	19 (IC 6-3.6); the auto rental excise tax (IC 6-6-9); the financial
198	198	20 institutions tax (IC 6-5.5); the gasoline tax (IC 6-6-1.1); the special fuel
199	199	21 tax (IC 6-6-2.5); the motor carrier fuel tax (IC 6-6-4.1); a motor fuel tax
200	200	22 collected under a reciprocal agreement under IC 6-8.1-3; the vehicle
201	201	23 excise tax (IC 6-6-5); the aviation fuel excise tax (IC 6-6-13); the
202	202	24 commercial vehicle excise tax (IC 6-6-5.5); the excise tax imposed on
203	203	25 recreational vehicles and truck campers (IC 6-6-5.1); the hazardous
204	204	26 waste disposal tax (IC 6-6-6.6) (repealed); the heavy equipment rental
205	205	27 excise tax (IC 6-6-15); the vehicle sharing excise tax (IC 6-6-16); the
206	206	28 cigarette tax (IC 6-7-1); the closed system cartridge tax (IC 6-7-2-7.5);
207	207	29 the electronic cigarette tax (IC 6-7-4); the cannabis excise tax (IC
208	208	30 6-11); the beer excise tax (IC 7.1-4-2); the liquor excise tax (IC
209	209	31 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard cider excise tax (IC
210	210	32 7.1-4-4.5); the petroleum severance tax (IC 6-8-1); the various
211	211	33 innkeeper's taxes (IC 6-9); the various food and beverage taxes (IC
212	212	34 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28); the oil
213	213	35 inspection fee (IC 16-44-2); the penalties assessed for oversize vehicles
214	214	36 (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
215	215	37 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
216	216	38 fee that the department is required to collect or administer.
217	217	39 SECTION 3. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
218	218	40 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
219	219	41 2023]:
220	220	42 ARTICLE 11. CANNABIS EXCISE TAX
221	221	2023 IN 308—LS 7125/DI 106 6
222	222	1 Chapter 1. Imposition and Collection of Tax
223	223	2 Sec. 1. The following definitions apply throughout this article:
224	224	3 (1) "Department" refers to the department of state revenue.
225	225	4 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
226	226	5 (3) "Retailer permittee" means a person who holds a cannabis
227	227	6 retailer permit issued under IC 7.1-8-15.
228	228	7 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
229	229	8 a rate of ten percent (10%) of the sales price per ounce of cannabis.
230	230	9 This tax shall be paid to the department by the retailer permittee
231	231	10 who sells the cannabis.
232	232	11 Sec. 3. (a) Every person subject to the tax under this article shall
233	233	12 remit the tax owed to the department before the fifteenth day of
234	234	13 the month following the month in which the cannabis is sold.
235	235	14 (b) The department shall prescribe the return to be filed for the
236	236	15 payment of the tax.
237	237	16 Sec. 4. The amounts received from the tax imposed by this
238	238	17 article shall be transferred by the auditor of state to the cannabis
239	239	18 regulation fund established by IC 7.1-8-2-10.
240	240	19 Sec. 5. The department has full power to administer and enforce
241	241	20 this chapter, to collect all taxes and penalties due, and to dispose of
242	242	21 taxes and penalties so collected as provided by law. The tax is a
243	243	22 listed tax for purposes of IC 6-8.1.
244	244	23 Sec. 6. Except as otherwise provided in this article, a tax
245	245	24 imposed under this chapter shall be imposed, paid, and collected in
246	246	25 the same manner that the state gross retail tax is imposed, paid,
247	247	26 and collected under IC 6-2.5.
248	248	27 Sec. 7. The department shall adopt rules under IC 4-22-2 to
249	249	28 implement this article.
250	250	29 SECTION 4. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
251	251	30 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
252	252	31 2023]:
253	253	32 ARTICLE 8. CANNABIS
254	254	33 Chapter 1. Definitions
255	255	34 Sec. 1. The following definitions apply throughout this article
256	256	35 unless the context clearly requires otherwise:
257	257	36 (1) "Applicant" means a person who applies for a permit
258	258	37 under this article.
259	259	38 (2) "Batch" means cannabis plants that have been grown
260	260	39 together.
261	261	40 (3) "Cannabis" means any part of the plant genus Cannabis
262	262	41 whether growing or not, the seeds thereof, and any compound,
263	263	42 manufacture, salt, derivative, mixture, or preparation of the
264	264	2023 IN 308—LS 7125/DI 106 7
265	265	1 plant or its seeds. However, the term does not include:
266	266	2 (A) the mature stalks of the plant;
267	267	3 (B) fiber produced from the stalks;
268	268	4 (C) oil or cake made from the seeds of the plant;
269	269	5 (D) any other compound, manufacture, salt, derivative,
270	270	6 mixture, or preparation of the mature stalks (except the
271	271	7 resin extracted therefrom);
272	272	8 (E) the sterilized seed of the plant which is incapable of
273	273	9 germination;
274	274	10 (F) hemp (as defined in IC 15-15-13-6);
275	275	11 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
276	276	12 or
277	277	13 (H) smokable hemp (as defined in IC 35-48-1-26.6).
278	278	14 (4) "Cannabis canopy" means the surface area used to grow
279	279	15 cannabis plants calculated in square feet and measured using
280	280	16 the outside boundaries of any area that includes cannabis
281	281	17 plants, including all of the space within the boundaries. If
282	282	18 cannabis is grown in a multilevel grow facility, the surface
283	283	19 area used to grow cannabis on each level shall be calculated
284	284	20 separately and added together to determine the size of the
285	285	21 cannabis canopy.
286	286	22 (5) "Cannabis permittee" means an individual, partnership,
287	287	23 company, or corporation permitted to grow, process,
288	288	24 transport, or sell cannabis for commercial purposes in
289	289	25 Indiana.
290	290	26 (6) "Carrier" means a person who is engaged in the
291	291	27 transportation of cannabis or cannabis products between a
292	292	28 grower, a processor, and a retailer and holds a permit issued
293	293	29 under IC 7.1-8-14.
294	294	30 (7) "Commission" means the cannabis commission established
295	295	31 by IC 7.1-8-2-1.
296	296	32 (8) "Crop" means any cannabis grown under a single permit.
297	297	33 (9) "Grower" means an individual, partnership, company, or
298	298	34 corporation that produces cannabis for commercial purposes
299	299	35 and that holds a permit issued under IC 7.1-8-12.
300	300	36 (10) "Integrated permittee" means a permittee who
301	301	37 simultaneously holds a grower permit, a processor permit,
302	302	38 and a retailer permit.
303	303	39 (11) "Permit" means a written authorization issued by the
304	304	40 commission entitling the holder to grow, process, transport,
305	305	41 sell, test, or otherwise deal in cannabis, as provided in this
306	306	42 article.
307	307	2023 IN 308—LS 7125/DI 106 8
308	308	1 (12) "Permittee" means a person who holds a valid permit
309	309	2 under this article, including an agent of, employee of, or
310	310	3 another person acting on behalf of a permittee.
311	311	4 (13) "Processor" means an individual, partnership, company,
312	312	5 or corporation holding a permit issued under IC 7.1-8-13 that
313	313	6 obtains cannabis from a grower and:
314	314	7 (A) extracts botanical compounds or cannabinoids from
315	315	8 the cannabis;
316	316	9 (B) creates a cannabis infused product; or
317	317	10 (C) prepares or packages cannabis for retail sale for sale
318	318	11 or transfer.
319	319	12 (14) "Retailer" means an individual, partnership, company,
320	320	13 or corporation that holds a permit under IC 7.1-8-15 and that,
321	321	14 in the ordinary course of the person's regular trade or
322	322	15 business:
323	323	16 (A) acquires any form of cannabis for the purpose of
324	324	17 resale; and
325	325	18 (B) transfers the cannabis to another person for money or
326	326	19 other consideration.
327	327	20 (15) "Statewide monitoring system" means the statewide
328	328	21 cannabis tracking and monitoring system established under
329	329	22 IC 7.1-8-17.
330	330	23 Chapter 2. Cannabis Commission
331	331	24 Sec. 1. The cannabis commission is established.
332	332	25 Sec. 2. (a) The commission consists of four (4) members
333	333	26 appointed by the governor.
334	334	27 (b) The governor shall appoint one (1) of the members to serve
335	335	28 as chairperson of the commission. The governor also shall appoint
336	336	29 one (1) of the members to serve as chairperson pro tempore in the
337	337	30 absence of the chairman.
338	338	31 Sec. 3. (a) A commissioner is eligible for reappointment.
339	339	32 (b) Not more than two (2) commissioners may be members of
340	340	33 the same political party.
341	341	34 (c) A commissioner shall be appointed to a four (4) year term
342	342	35 and may be removed only for cause. An appointment to fill a
343	343	36 vacancy shall be made in the same manner that an original
344	344	37 appointment is made. A member appointed to fill a vacancy in the
345	345	38 membership of the commission may serve only for the unexpired
346	346	39 portion of the original, vacated term, but may be reappointed.
347	347	40 Sec. 4. To be eligible for appointment as a commissioner an
348	348	41 individual must have the following qualifications:
349	349	42 (1) The individual may not be employed by the state in any
350	350	2023 IN 308—LS 7125/DI 106 9
351	351	1 other capacity.
352	352	2 (2) The individual must have been an Indiana resident for at
353	353	3 least ten (10) years immediately preceding the appointment.
354	354	4 (3) The individual may not have a financial interest in a
355	355	5 cannabis permittee or in an entity governed by:
356	356	6 (A) this title;
357	357	7 (B) IC 4-29;
358	358	8 (C) IC 4-29.5;
359	359	9 (D) IC 4-31;
360	360	10 (E) IC 4-32.3;
361	361	11 (F) IC 4-33;
362	362	12 (G) IC 4-35; or
363	363	13 (H) IC 4-36.
364	364	14 (4) The individual may not have been convicted within ten
365	365	15 (10) years before the date of appointment of:
366	366	16 (A) a federal crime having a sentence of greater than one
367	367	17 (1) year;
368	368	18 (B) a Class A, Class B, or Class C felony (for a crime
369	369	19 committed before July 1, 2014) or a Level 1, Level 2, Level
370	370	20 3, Level 4, or Level 5 felony (for a crime committed after
371	371	21 June 30, 2014); or
372	372	22 (C) a crime in another state that is substantially similar to
373	373	23 a crime described in clause (B).
374	374	24 Sec. 5. As compensation for services, each commissioner is
375	375	25 entitled to the minimum salary per diem provided by
376	376	26 IC 4-10-11-2.1(b). A commissioner is also entitled to
377	377	27 reimbursement for traveling expenses as provided under
378	378	28 IC 4-13-1-4 and other expenses actually incurred in connection
379	379	29 with the commissioner's duties as provided in the state policies and
380	380	30 procedures established by the department of administration and
381	381	31 approved by the budget agency.
382	382	32 Sec. 6. (a) Each commissioner shall execute a surety bond in the
383	383	33 amount of ten thousand dollars ($10,000), with surety approved by
384	384	34 the governor, and an oath of office, both of which shall be filed in
385	385	35 the office of the secretary of state.
386	386	36 (b) The required surety bond executed and filed on behalf of a
387	387	37 commissioner, an enforcement officer (under IC 7.1-8-5), or the
388	388	38 prosecutor (under IC 7.1-8-3) shall be made payable to the State of
389	389	39 Indiana and conditioned upon the faithful discharge of the bonded
390	390	40 party's respective duties.
391	391	41 Sec. 7. The commission shall hold regular meetings on at least
392	392	42 a quarterly basis. The commission may hold special meetings
393	393	2023 IN 308—LS 7125/DI 106 10
394	394	1 whenever the commission deems it necessary. The procedure for
395	395	2 the calling of a special meeting shall be provided for in the rules of
396	396	3 the commission. The commission has the power to adjourn, from
397	397	4 time to time, both regular and special meetings. In no event,
398	398	5 however, shall the adjournment be later than the next regular
399	399	6 meeting date.
400	400	7 Sec. 8. (a) Three (3) members of the commission constitute a
401	401	8 quorum for the transaction of business.
402	402	9 (b) Each commissioner has one (1) vote.
403	403	10 (c) Action of the commission may be taken only upon the
404	404	11 affirmative votes of at least two (2) commissioners. If a vote of the
405	405	12 commission is a tie, the position for which the chairperson voted
406	406	13 prevails, as long as that position has received the affirmative votes
407	407	14 of at least two (2) commissioners.
408	408	15 Sec. 9. A commissioner may not solicit or accept a political
409	409	16 contribution from any person or entity that has a permit or has
410	410	17 applied for a permit issued by the commission. However, the right
411	411	18 of a commissioner to vote as the commissioner chooses and to
412	412	19 express the commissioner's opinions on political subjects and
413	413	20 candidates may not be impaired.
414	414	21 Sec. 10. (a) As used in this section, "fund" means the cannabis
415	415	22 regulation fund established by subsection (b).
416	416	23 (b) The cannabis regulation fund is established for the purpose
417	417	24 of implementing, administering, and enforcing this article. The
418	418	25 fund shall be administered by the commission.
419	419	26 (c) The fund consists of taxes, fees, and civil penalties collected
420	420	27 under this article.
421	421	28 (d) The expenses of administering the fund shall be paid from
422	422	29 money in the fund.
423	423	30 (e) The treasurer of state shall invest money in the fund not
424	424	31 currently needed to meet the obligations of the fund in the same
425	425	32 manner as other public money may be invested. Interest that
426	426	33 accrues from these investments shall be deposited in the fund.
427	427	34 (f) Money in the fund at the end of a state fiscal year does not
428	428	35 revert to the state general fund. However, the treasurer shall
429	429	36 distribute money in the fund at the end of a state fiscal year as
430	430	37 follows:
431	431	38 (1) Fifteen percent (15%) to prosecuting attorneys in counties
432	432	39 in which a cannabis retail facility is located, allocated in
433	433	40 proportion to the number of cannabis retail facilities within
434	434	41 the county as compared to the total number of cannabis retail
435	435	42 facilities in Indiana.
436	436	2023 IN 308—LS 7125/DI 106 11
437	437	1 (2) Fifteen percent (15%) to cities, towns, and counties (if a
438	438	2 facility is not located in a city or town) in which a cannabis
439	439	3 growing facility, processing facility, or retail facility is
440	440	4 located, allocated in proportion to the number of growing
441	441	5 facilities, processing facilities, and retail facilities in Indiana.
442	442	6 (3) Fifteen percent (15%) to:
443	443	7 (A) the sheriff of a county that does not contain a
444	444	8 consolidated city; or
445	445	9 (B) the chief of police of a consolidated city in a county that
446	446	10 contains a consolidated city.
447	447	11 (4) Fifteen percent (15%) to the Indiana department of health
448	448	12 to be used:
449	449	13 (A) to develop, in consultation with the department of
450	450	14 education, a cannabis abuse prevention and education
451	451	15 program for youth; and
452	452	16 (B) by the division of mental health and addiction.
453	453	17 (5) Forty percent (40%) to the state general fund.
454	454	18 Chapter 3. Office of the Prosecutor
455	455	19 Sec. 1. The office of the prosecutor is established within the
456	456	20 commission.
457	457	21 Sec. 2. The prosecutor shall be appointed by the governor for a
458	458	22 term of four (4) years to be served at the pleasure of the governor.
459	459	23 The prosecutor must be a resident of Indiana and licensed to
460	460	24 practice law in Indiana.
461	461	25 Sec. 3. The prosecutor shall execute a surety bond in the amount
462	462	26 of five thousand dollars ($5,000), with surety approved by the
463	463	27 governor, and an oath of office, both of which shall be filed in the
464	464	28 office of the secretary of state.
465	465	29 Sec. 4. As compensation for services, the prosecutor shall
466	466	30 receive an annual salary to be fixed in the same manner that the
467	467	31 salaries of other state officials are fixed. In addition to the annual
468	468	32 salary, the prosecutor shall be reimbursed for traveling and other
469	469	33 expenses necessarily incurred while away from the office carrying
470	470	34 out prosecutorial duties.
471	471	35 Sec. 5. The prosecutor has the following powers and duties:
472	472	36 (1) To prosecute before the commission all violations of laws
473	473	37 pertaining to cannabis or cannabis products.
474	474	38 (2) To prosecute before the commission all violations of the
475	475	39 rules of the commission.
476	476	40 (3) To assist the prosecuting attorneys of the various judicial
477	477	41 circuits in the investigation and prosecution of violations of
478	478	42 laws pertaining to cannabis or cannabis products.
479	479	2023 IN 308—LS 7125/DI 106 12
480	480	1 (4) To appear before grand juries to assist in their
481	481	2 investigations into matters pertaining to cannabis or cannabis
482	482	3 products.
483	483	4 (5) To establish a seal of office.
484	484	5 (6) To administer oaths and to do all other acts authorized by
485	485	6 law for notaries public.
486	486	7 (7) To employ, with the consent of the commission and at
487	487	8 salaries fixed by the commission in its budget, the clerical staff
488	488	9 required to effectively discharge the duties of the prosecutor.
489	489	10 Sec. 6. The commission shall provide the prosecutor with
490	490	11 appropriate office space and all necessary office supplies and
491	491	12 services. All claims for salaries and necessary expenses of the office
492	492	13 of the prosecutor shall be allowed and approved and paid by the
493	493	14 commission.
494	494	15 Chapter 4. Executive Director
495	495	16 Sec. 1. The commission shall employ an executive director to aid
496	496	17 the commission in the efficient administration of its powers and
497	497	18 duties.
498	498	19 Sec. 2. The executive director's compensation shall be approved
499	499	20 annually by the commission.
500	500	21 Sec. 3. The commission may by resolution assign to the executive
501	501	22 director any duty imposed upon the commission by this article.
502	502	23 Sec. 4. The executive director shall perform the duties assigned
503	503	24 to the executive director by the commission. The executive director
504	504	25 may exercise any power conferred upon the commission by this
505	505	26 article that is consistent with the duties assigned to the executive
506	506	27 director under this chapter.
507	507	28 Sec. 5. In addition to any salary paid under this chapter, the
508	508	29 executive director is entitled to reimbursement for traveling
509	509	30 expenses and other expenses actually incurred in connection with
510	510	31 the executive director's duties, as provided in the state travel
511	511	32 policies and procedures established by the department of
512	512	33 administration and approved by the budget agency.
513	513	34 Chapter 5. Enforcement Officers
514	514	35 Sec. 1. The commission may employ a superintendent of the
515	515	36 enforcement officers and qualified individuals to serve as
516	516	37 enforcement officers of the commission.
517	517	38 Sec. 2. The superintendent of the enforcement officers must
518	518	39 have at least ten (10) years experience as an active law enforcement
519	519	40 officer, at least five (5) years of which must have been in a
520	520	41 management capacity.
521	521	42 Sec. 3. An enforcement officer who has completed the required
522	522	2023 IN 308—LS 7125/DI 106 13
523	523	1 training at the Indiana law enforcement academy is vested with full
524	524	2 police powers and duties to enforce:
525	525	3 (1) the provisions of this article; and
526	526	4 (2) any other Indiana law relating to cannabis and cannabis
527	527	5 products.
528	528	6 Sec. 4. An enforcement officer may issue a summons for
529	529	7 infraction or misdemeanor violations if the defendant promises to
530	530	8 appear by signing the summons. A defendant who fails to appear
531	531	9 is subject to the penalties provided by IC 35-44.1-2-10. Upon
532	532	10 failure to appear, the court shall issue a warrant for the arrest of
533	533	11 the defendant.
534	534	12 Sec. 5. An enforcement officer may act as an officer for the
535	535	13 arrest of offenders against Indiana law if the enforcement officer
536	536	14 reasonably believes that a crime is or is about to be committed or
537	537	15 attempted in the enforcement officer's presence.
538	538	16 Sec. 6. Each enforcement officer shall execute a surety bond in
539	539	17 the amount of one thousand dollars ($1,000), with surety approved
540	540	18 by the commission, and an oath of office, both of which shall be
541	541	19 filed with the commission.
542	542	20 Sec. 7. An eligible enforcement officer who retires with at least
543	543	21 twenty (20) years of service as an enforcement officer may retain
544	544	22 the officer's service weapon. The officer is entitled to receive, in
545	545	23 recognition of the officer's service to the commission and to the
546	546	24 public, a badge that indicates that the officer is retired. The
547	547	25 commission shall issue the officer who is retiring an identification
548	548	26 card stating the officer's name and rank, signifying that the officer
549	549	27 is retired, and noting the officer's authority to retain the service
550	550	28 weapon.
551	551	29 Sec. 8. The commission has the power to employ and remove at
552	552	30 will all necessary employees, and to fix their duties, authority, and,
553	553	31 with proper approval, compensation.
554	554	32 Sec. 9. The superintendent of the enforcement officers may
555	555	33 discharge a nonprobationary enforcement officer for just cause.
556	556	34 The commission shall adopt rules to establish a probationary
557	557	35 period and a procedure for the adjudication of the propriety of the
558	558	36 discharge of a nonprobationary enforcement officer.
559	559	37 Sec. 10. (a) The commission shall categorize salaries of
560	560	38 enforcement officers within each rank based upon the rank held
561	561	39 and the number of years of service in the commission through the
562	562	40 twentieth year. The salary ranges that the commission assigns to
563	563	41 each rank shall be divided into a base salary and twenty (20)
564	564	42 increments above the base salary with:
565	565	2023 IN 308—LS 7125/DI 106 14
566	566	1 (1) the base salary in the rank paid to a person with less than
567	567	2 one (1) year of service in the commission; and
568	568	3 (2) the highest salary in the rank paid to a person with at least
569	569	4 twenty (20) years of service in the commission.
570	570	5 (b) The salary matrix prescribed by this section shall be
571	571	6 reviewed and approved by the budget agency before
572	572	7 implementation.
573	573	8 (c) The salary matrix prescribed by this section must have
574	574	9 parity with the salary matrix prescribed by the natural resources
575	575	10 commission under IC 14-9-8 for conservation officers of the
576	576	11 department of natural resources. The budget agency shall approve
577	577	12 a salary matrix that meets the parity requirement of this
578	578	13 subsection.
579	579	14 Chapter 6. Duties and Responsibilities of the Commission
580	580	15 Sec. 1. The chairperson is the presiding officer at the meetings
581	581	16 of the commission. The chairperson shall prepare, certify, and
582	582	17 authenticate all proceedings, minutes, records, and rules of the
583	583	18 commission. The chairperson or the chairperson's designee also
584	584	19 shall perform all other duties as imposed by this article.
585	585	20 Sec. 2. The commission has the power to organize its work and
586	586	21 carry on the functions of the commission and to enforce and
587	587	22 administer the provisions of this article and the rules of the
588	588	23 commission.
589	589	24 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
590	590	25 power to prescribe the forms for all applications, permits, licenses,
591	591	26 certificates, and other documents and records used in the
592	592	27 administration of this article.
593	593	28 Sec. 4. The commission has the power to:
594	594	29 (1) hold hearings before the commission or its representative;
595	595	30 (2) take testimony and receive evidence;
596	596	31 (3) conduct inquiries with or without hearings;
597	597	32 (4) receive reports of investigators or other governmental
598	598	33 officers and employees;
599	599	34 (5) administer oaths;
600	600	35 (6) subpoena witnesses and compel them to appear and
601	601	36 testify;
602	602	37 (7) issue and enforce subpoenas duces tecum;
603	603	38 (8) take or institute proceedings to enforce subpoenas and the
604	604	39 rules, orders, or requirements of the commission or its
605	605	40 representative;
606	606	41 (9) fix the compensation paid to witnesses appearing before
607	607	42 the commission;
608	608	2023 IN 308—LS 7125/DI 106 15
609	609	1 (10) establish and use the seal of the commission;
610	610	2 (11) certify copies of records of the commission or any other
611	611	3 document or record on file with the commission;
612	612	4 (12) fix the form, mode, manner, time, and number of times
613	613	5 for the posting or publication of any required notices if not
614	614	6 otherwise provided in this article;
615	615	7 (13) issue letters of extension as authorized by this article; and
616	616	8 (14) hold permits on deposit as authorized by this article.
617	617	9 Sec. 5. (a) The commission shall prepare a quarterly report that
618	618	10 describes the violations by permittees subject to an enforcement
619	619	11 action under this article. Beginning in January 2024, the
620	620	12 commission shall issue the quarterly reports on or before the
621	621	13 fifteenth day of:
622	622	14 (1) January, concerning violations committed during the
623	623	15 preceding quarter consisting of the months of October
624	624	16 through December;
625	625	17 (2) April, concerning violations committed during the
626	626	18 preceding quarter consisting of the months of January
627	627	19 through March;
628	628	20 (3) July, concerning violations committed during the
629	629	21 preceding quarter consisting of the months of April through
630	630	22 June; and
631	631	23 (4) October, concerning violations committed during the
632	632	24 preceding quarter consisting of the months of July through
633	633	25 September.
634	634	26 (b) The commission's quarterly report must provide
635	635	27 noncompliance violations by:
636	636	28 (1) business listing;
637	637	29 (2) permit type; and
638	638	30 (3) county.
639	639	31 (c) The commission shall post the quarterly reports on the
640	640	32 commission's website. The commission shall:
641	641	33 (1) prepare a report annually that compiles the violations for
642	642	34 the preceding calendar year; and
643	643	35 (2) provide the report to the legislative council not later than
644	644	36 February 1 of each year in an electronic format under
645	645	37 IC 5-14-6.
646	646	38 Sec. 6. The commission has the authority to petition the circuit
647	647	39 or superior court of the county in which the hearing or
648	648	40 investigation is being held to compel obedience to the lawful
649	649	41 requirements of its subpoena under this chapter.
650	650	42 Sec. 7. The commission is responsible for the enforcement and
651	651	2023 IN 308—LS 7125/DI 106 16
652	652	1 administration of this article.
653	653	2 Sec. 8. The commission shall adopt rules in accordance with
654	654	3 IC 4-22-2 to implement and administer this article.
655	655	4 Sec. 9. The commission has the power to adopt rules governing
656	656	5 the following:
657	657	6 (1) The conduct of the meetings and business of the
658	658	7 commission.
659	659	8 (2) The conduct of hearings before any of the commission's
660	660	9 representatives.
661	661	10 (3) The conduct of the business of a permittee authorized or
662	662	11 governed by the provisions of this article.
663	663	12 (4) The enforcement of the provisions of this article and of the
664	664	13 rules of the commission.
665	665	14 (5) The standards of purity and methods of processing used in
666	666	15 the production of cannabis and cannabis products.
667	667	16 (6) The prevention of misbranding or adulteration of cannabis
668	668	17 and cannabis products.
669	669	18 (7) The prevention of fraud, evasion, trickery, or deceit in the
670	670	19 processing, labeling, advertisement, transportation, or sale of
671	671	20 cannabis or cannabis products, or the evasion of other
672	672	21 Indiana law relating to cannabis or cannabis products.
673	673	22 Sec. 10. The commission shall adopt rules to do the following:
674	674	23 (1) Establish safety and security standards for facilities used
675	675	24 for the growth, processing, testing, storage, or sale of
676	676	25 cannabis.
677	677	26 (2) Mandate periodic training for persons employed in a
678	678	27 facility used for the growth, processing, testing, storage, or
679	679	28 sale of cannabis.
680	680	29 (3) Establish or approve training and other programming for
681	681	30 persons employed in a facility used for the growth, processing,
682	682	31 testing, storage, or sale of cannabis.
683	683	32 Chapter 7. Regulation of Permits and Permittees
684	684	33 Sec. 1. The commission has the discretionary authority to issue,
685	685	34 deny, suspend, revoke, or not renew all permits and certificates
686	686	35 authorized by this article, unless the exercise of discretion or
687	687	36 authority is limited by applicable provisions of this article.
688	688	37 Sec. 2. (a) The commission shall prepare and maintain, available
689	689	38 for public inspection, a registry of all permits issued by the
690	690	39 commission, categorized by type of permit and by the type of
691	691	40 establishment to which the permit is issued. The registry of permits
692	692	41 must:
693	693	42 (1) be subdivided on a county by county basis, and further
694	694	2023 IN 308—LS 7125/DI 106 17
695	695	1 subdivided by city, town, and unincorporated area;
696	696	2 (2) contain the number of permits authorized by the quota,
697	697	3 and the number of permits currently issued;
698	698	4 (3) contain the name of the owner of the permit, the address
699	699	5 of the permitted premises, the assumed business name under
700	700	6 which the business is conducted, and, if a corporation, the
701	701	7 names of the president and secretary; and
702	702	8 (4) be made current annually, to indicate by specific notation
703	703	9 any new permits that were issued or any existing permits that
704	704	10 were transferred in any manner within the prior year.
705	705	11 (b) The registry of permits is a public record.
706	706	12 Sec. 3. The commission has the power to investigate applicants
707	707	13 and permittees, and any violation of a provision of this article and
708	708	14 of the rules of the commission, and to report its findings to the
709	709	15 prosecuting attorney or the grand jury of the county in which the
710	710	16 violation occurred, or to the attorney general.
711	711	17 Sec. 4. The commission has the power to prohibit the sale,
712	712	18 transportation, or movement of cannabis when, in the judgment of
713	713	19 the commission, it is necessary during a time of public emergency,
714	714	20 civil disturbance, riot, or epidemic. The prohibition may be
715	715	21 imposed without prior notice or advertisement and may be
716	716	22 continued in force as long as the need continues.
717	717	23 Sec. 5. (a) The commission has the power to examine, inspect,
718	718	24 and search a permitted premises or a vehicle where cannabis or
719	719	25 cannabis products are kept, processed, or sold.
720	720	26 (b) The commission has the power to seize cannabis or cannabis
721	721	27 products, or any other personal property when the seizure is lawful
722	722	28 under the provisions of this article.
723	723	29 Sec. 6. The commission has the power to prevent a part of the
724	724	30 premises connected with, or in any way used in connection with, a
725	725	31 permitted premises, from being used as a subterfuge or means of
726	726	32 evading the provisions of this article or of the rules of the
727	727	33 commission.
728	728	34 Sec. 7. The commission has the power to set standards of
729	729	35 cleanliness and sanitation for a permitted premises and for the
730	730	36 apparatus, equipment, utensils, accessories, articles, and fixtures
731	731	37 used or employed in the permitted premises.
732	732	38 Sec. 8. The commission has the power to require the destruction
733	733	39 or removal of cases, containers, apparatus, or devices, used or
734	734	40 likely to be used, in evading, violating, or preventing the
735	735	41 enforcement of the provisions of this article or of the rules of the
736	736	42 commission.
737	737	2023 IN 308—LS 7125/DI 106 18
738	738	1 Sec. 9. (a) The commission has the power to regulate and
739	739	2 prohibit advertising, signs, displays, posters, and designs intended
740	740	3 to advertise cannabis, a cannabis product, or the place where
741	741	4 cannabis or cannabis products are sold.
742	742	5 (b) The commission may not exercise the prohibition power
743	743	6 contained in subsection (a) as to any advertisement broadcast over
744	744	7 licensed radio and television stations.
745	745	8 (c) All advertisements relating to cannabis or cannabis products
746	746	9 must conform to the rules of the commission.
747	747	10 (d) The commission shall not exercise the prohibition power
748	748	11 contained in subsection (a) as to advertising in the official program
749	749	12 of the Indianapolis 500 Race.
750	750	13 (e) Notwithstanding any other law, the commission may not
751	751	14 prohibit the use of an illuminated sign advertising cannabis or
752	752	15 cannabis products by brand name that is displayed within the
753	753	16 interior or on the exterior of the premises covered by the permit,
754	754	17 regardless of whether the sign is illuminated constantly or
755	755	18 intermittently.
756	756	19 (f) The commission may not prohibit the advertisement of:
757	757	20 (1) cannabis or cannabis products; or
758	758	21 (2) a place where cannabis or cannabis products may be
759	759	22 obtained;
760	760	23 in a program, scorecard, handbill, throw-away newspaper, or
761	761	24 menu. However, advertisements described in this subsection must
762	762	25 conform to the rules of the commission.
763	763	26 (g) Cannabis or cannabis products must be marketed or
764	764	27 advertised as "cannabis" for use only by persons at least
765	765	28 twenty-one (21) years of age.
766	766	29 (h) Cannabis or cannabis products may not be marketed or
767	767	30 advertised to persons less than twenty-one (21) years of age. The
768	768	31 commission shall determine whether a sponsorship is marketed or
769	769	32 advertised to a person less than twenty-one (21) years of age.
770	770	33 (i) Cannabis or cannabis products may not be advertised on any
771	771	34 television program, radio program, website, or print publication
772	772	35 unless there is reliable evidence that seventy percent (70%) of the
773	773	36 audience is reasonably expected to be at least twenty-one (21) years
774	774	37 of age.
775	775	38 (j) Any cannabis or cannabis products advertised must bear a
776	776	39 warning label stating the following:
777	777	40 "For use by adults only. Keep out of reach of children. It is
778	778	41 illegal to drive a motor vehicle while under the influence of
779	779	42 cannabis. National Poison Control Center 1-800-222-1222.".
780	780	2023 IN 308—LS 7125/DI 106 19
781	781	1 Sec. 10. (a) As used in this section, "facility" includes the
782	782	2 following:
783	783	3 (1) A facility permitted under this article.
784	784	4 (2) A tract that contains a premises permitted under this
785	785	5 article.
786	786	6 (3) A horse track or satellite facility.
787	787	7 (4) A riverboat or racetrack.
788	788	8 (5) A tract that contains an entertainment complex.
789	789	9 (b) As used in this section, "tract" has the meaning set forth in
790	790	10 IC 6-1.1-1-22.5.
791	791	11 (c) A facility may advertise cannabis or cannabis products:
792	792	12 (1) in the facility's interior; or
793	793	13 (2) on the facility's exterior.
794	794	14 (d) The commission may not exercise the prohibition power
795	795	15 contained in this chapter on advertising by a permittee in or on a
796	796	16 facility.
797	797	17 (e) A facility may provide advertising to a permittee in exchange
798	798	18 for compensation from that permittee.
799	799	19 Sec. 11. The commission has the power to require the
800	800	20 registration of all brands, formulas, analyses, and labels used or
801	801	21 proposed to be used in selling or advertising cannabis or cannabis
802	802	22 products. The commission does not have the power to require the
803	803	23 disclosure of formulas that are verified trade secrets.
804	804	24 Sec. 12. The commission has the power to regulate the modes
805	805	25 and methods of dealing in, and the transportation of, cannabis and
806	806	26 cannabis products.
807	807	27 Sec. 13. The commission has the power to:
808	808	28 (1) prescribe the manner and methods by which all records
809	809	29 relating to cannabis or cannabis products are kept and
810	810	30 preserved;
811	811	31 (2) inspect all records relating to cannabis or cannabis
812	812	32 products; and
813	813	33 (3) require true copies of any record to be made and furnished
814	814	34 to the commission.
815	815	35 Sec. 14. The commission may require that, before the
816	816	36 transportation of cannabis or cannabis products into Indiana by an
817	817	37 authorized permittee, the permittee shall submit written, verified
818	818	38 information concerning the proposed transportation and execute
819	819	39 and file any documents required. The commission has the power to
820	820	40 inspect the shipments in transit and the vehicle used in the
821	821	41 transportation.
822	822	42 Sec. 15. The commission, unless otherwise specifically
823	823	2023 IN 308—LS 7125/DI 106 20
824	824	1 prohibited, may delegate the powers and duties conferred on it in
825	825	2 this article to responsible employees of the commission. However,
826	826	3 the commission bears ultimate responsibility.
827	827	4 Sec. 16. The members of the commission and their officers and
828	828	5 employees are immune from civil liability for an act or omission
829	829	6 done under the authority, or the color of authority, conferred by
830	830	7 this article or by a rule or order of the commission, unless the act
831	831	8 or omission constitutes gross negligence or willful or wanton
832	832	9 misconduct.
833	833	10 Sec. 17. The commission and the chairperson have, in addition
834	834	11 to the express powers enumerated in this article, the authority to
835	835	12 exercise all powers necessary and proper to carry out the policies
836	836	13 of this article and to promote efficient administration by the
837	837	14 commission.
838	838	15 Chapter 8. Searches and Seizures
839	839	16 Sec. 1. A circuit or superior court may issue a warrant to search
840	840	17 a house or other place for cannabis, cannabis products, or another
841	841	18 article that is being possessed, kept, sold, bartered, given away,
842	842	19 used, or transported in violation of this article.
843	843	20 Sec. 2. The warrant shall be directed to the officer, agent, or
844	844	21 employee of the commission who filed the affidavit for the warrant
845	845	22 and otherwise it shall be directed to any officer who has the power
846	846	23 to serve criminal process. The warrant shall be served by the
847	847	24 person to whom it was issued in the daytime or nighttime and the
848	848	25 return made within twenty (20) days from the date of issue.
849	849	26 Sec. 3. The officer who serves the warrant shall seize any article
850	850	27 described in the warrant and any other article found during the
851	851	28 search that is used in the violation of a provision of this article and
852	852	29 hold in the same manner as other items seized pursuant to a search
853	853	30 warrant are held.
854	854	31 Sec. 4. A person has no property right of any kind in:
855	855	32 (1) cannabis or a cannabis product possessed contrary to law;
856	856	33 (2) a receptacle or container holding cannabis or a cannabis
857	857	34 product possessed contrary to law;
858	858	35 (3) an unlawful or prohibited receptacle or container; or
859	859	36 (4) a receptacle or container that violates a rule of the
860	860	37 commission or that is being used in a manner that violates a
861	861	38 rule of the commission.
862	862	39 Sec. 5. Testimony concerning the appearance, taste, or odor of
863	863	40 cannabis or a cannabis product is admissible as evidence in a
864	864	41 criminal prosecution or in a proceeding before the commission.
865	865	42 Sec. 6. An unbroken cannabis container with a label altered so
866	866	2023 IN 308—LS 7125/DI 106 21
867	867	1 that it does not describe the cannabis accurately is admissible as
868	868	2 evidence in a court.
869	869	3 Sec. 7. The court shall receive oral testimony upon a matter
870	870	4 referred to in this chapter for the purpose of showing a violation of
871	871	5 this article whether the container is offered in evidence or not.
872	872	6 Sec. 8. (a) If a substance is removed or destroyed before it is
873	873	7 able to be seized under this chapter, the trier of fact may infer that
874	874	8 the substance was cannabis or a cannabis product possessed in
875	875	9 violation of this article.
876	876	10 (b) Proof of the possession of an empty container permits a trier
877	877	11 of fact to infer that the person who possessed the container
878	878	12 possessed cannabis.
879	879	13 Chapter 9. Public Nuisances
880	880	14 Sec. 1. The following are declared to be a public nuisance:
881	881	15 (1) A premises, vehicle, or place of any kind where at least one
882	882	16 (1) of the following occurs:
883	883	17 (A) Cannabis or a cannabis product of any type is
884	884	18 possessed in violation of Indiana law or a rule of the
885	885	19 commission.
886	886	20 (B) A person is permitted to use the premises, vehicle, or
887	887	21 place for the purpose of consuming cannabis or cannabis
888	888	22 products in violation of Indiana law or a rule of the
889	889	23 commission.
890	890	24 (2) A place where cannabis or cannabis products are kept for
891	891	25 delivery in violation of Indiana law or in violation of a rule of
892	892	26 the commission.
893	893	27 (3) The business property of a person who knowingly or
894	894	28 intentionally possesses cannabis or cannabis products in
895	895	29 violation of Indiana law or a rule of the commission.
896	896	30 Sec. 2. The plaintiff in an action to abate a public nuisance
897	897	31 under this chapter must prove that the owner of the business had
898	898	32 actual knowledge of the actions alleged to constitute a nuisance.
899	899	33 Sec. 3. In determining whether an owner should be held liable
900	900	34 for failing to abate a public nuisance under this chapter, the court
901	901	35 shall consider the efforts the owner took to abate the public
902	902	36 nuisance, including whether the law enforcement agency that
903	903	37 serves the owner's property was notified by the owner or the
904	904	38 owner's employee of the actions alleged to constitute the public
905	905	39 nuisance.
906	906	40 Sec. 4. If a permittee violates this article on a premises or in a
907	907	41 vehicle where cannabis or a cannabis product is kept, the premises
908	908	42 or vehicle is a public nuisance.
909	909	2023 IN 308—LS 7125/DI 106 22
910	910	1 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
911	911	2 and the premises or vehicle where it is kept constitute a public
912	912	3 nuisance.
913	913	4 Sec. 6. (a) The following may bring an action to abate a common
914	914	5 nuisance or a violation of this article:
915	915	6 (1) The commission.
916	916	7 (2) The chairperson of the commission.
917	917	8 (3) The attorney general.
918	918	9 (4) The prosecuting attorney exercising jurisdiction in the
919	919	10 county where the common nuisance or violation occurs.
920	920	11 (5) A permittee.
921	921	12 (6) A resident of the county where the common nuisance or
922	922	13 violation occurs.
923	923	14 (b) The court may grant a temporary restraining order, a
924	924	15 preliminary injunction, a permanent injunction, and any other
925	925	16 relief authorized under Indiana law.
926	926	17 Sec. 7. A prevailing plaintiff in an action brought to abate a
927	927	18 nuisance is entitled to, at the discretion of the court:
928	928	19 (1) an order that the premises be closed for a period of one (1)
929	929	20 year; or
930	930	21 (2) an order that the premises be closed for a period of less
931	931	22 than one (1) year and an award of liquidated damages in an
932	932	23 amount of not less than one thousand dollars ($1,000) and not
933	933	24 more than twenty-five thousand dollars ($25,000) to the State
934	934	25 of Indiana.
935	935	26 Sec. 8. An action authorized by this chapter shall be brought in
936	936	27 the name of the state on the relation of the commission. The
937	937	28 commission may be represented by an attorney selected by it, by
938	938	29 the attorney general, or by a deputy or assistant attorney general
939	939	30 assigned by the attorney general for the purpose of instituting or
940	940	31 conducting the action, or by both.
941	941	32 Sec. 9. The remedies authorized by this chapter are cumulative
942	942	33 and nonexclusive. The remedies provided in this article do not
943	943	34 affect the power of the commission to revoke a permit.
944	944	35 Chapter 10. Jurisdiction and Miscellaneous Judicial
945	945	36 Proceedings
946	946	37 Sec. 1. An action brought against the commission, or against the
947	947	38 chairperson as the chairperson, shall be brought in the circuit or
948	948	39 superior court of Marion County unless otherwise specifically
949	949	40 provided in this article.
950	950	41 Sec. 2. The commission may bring an action for declaratory
951	951	42 judgment under IC 34-14-1-1.
952	952	2023 IN 308—LS 7125/DI 106 23
953	953	1 Chapter 11. Issuance of Permits Generally
954	954	2 Sec. 1. (a) The commission may issue only the types of permits
955	955	3 authorized by this article subject to the applicable provisions of
956	956	4 this article.
957	957	5 (b) Beginning July 1, 2023, the commission shall accept
958	958	6 applications for cannabis permits.
959	959	7 Sec. 2. A permit:
960	960	8 (1) is a revocable privilege granted by the state; and
961	961	9 (2) is not a property right.
962	962	10 Sec. 3. The commission may issue a permit under this article
963	963	11 only to:
964	964	12 (1) an individual;
965	965	13 (2) a partnership;
966	966	14 (3) a limited liability company; or
967	967	15 (4) a corporation organized and existing under Indiana law.
968	968	16 Sec. 4. The following definitions apply throughout this chapter:
969	969	17 (1) "Minority" means a person identified as:
970	970	18 (A) Black;
971	971	19 (B) Native American;
972	972	20 (C) Asian American; or
973	973	21 (D) Hispanic.
974	974	22 (2) "Owned and controlled" means:
975	975	23 (A) ownership of at least fifty-one percent (51%) of the
976	976	24 enterprise, including corporate stock of a corporation;
977	977	25 (B) control over the management and being active in the
978	978	26 day to day operations of the business; and
979	979	27 (C) an interest in the capital, assets, and profits and losses
980	980	28 of the business proportionate to the percentage of
981	981	29 ownership.
982	982	30 (3) "Veteran" means an individual who:
983	983	31 (A) has previously:
984	984	32 (i) served on active duty in any branch of the armed
985	985	33 forces of the United States or their reserves, or in the
986	986	34 national guard; and
987	987	35 (ii) received an honorable discharge from service; or
988	988	36 (B) is currently serving in:
989	989	37 (i) any branch of the armed forces of the United States or
990	990	38 their reserves; or
991	991	39 (ii) the national guard.
992	992	40 Sec. 5. (a) Except as provided in subsection (b), the commission
993	993	41 shall issue not less than fifteen percent (15%) of allowable permits
994	994	42 under this article to businesses owned and controlled by one (1) or
995	995	2023 IN 308—LS 7125/DI 106 24
996	996	1 more:
997	997	2 (1) minorities; or
998	998	3 (2) veterans.
999	999	4 (b) If an insufficient number of qualifying applications are by a
1000	1000	5 person described in subsection (a), the commission shall issue
1001	1001	6 permits in the usual way.
1002	1002	7 Sec. 6. (a) Except as otherwise provided in this article, a permit
1003	1003	8 issued by the commission is valid for one (1) calendar year,
1004	1004	9 including the day upon which it is granted. At the end of the one (1)
1005	1005	10 year period, the permit expires and is void.
1006	1006	11 (b) The commission shall timely process a permittee's
1007	1007	12 application for renewal of a permit unless the permittee receives a
1008	1008	13 notice of a violation from the office of the prosecutor.
1009	1009	14 (c) The commission may timely process an application for
1010	1010	15 renewal of a permit filed by a permittee that receives notice of a
1011	1011	16 violation as described in subsection (f) if the chairperson or the
1012	1012	17 chairperson's designee authorizes the application for renewal of
1013	1013	18 the permit to be timely processed.
1014	1014	19 (d) A permittee may file an application for renewal of a permit
1015	1015	20 not later than thirty (30) days after the date the permit expires.
1016	1016	21 (e) If a permittee does not file an application for renewal of a
1017	1017	22 permit within the time provided in subsection (d), the permit
1018	1018	23 reverts to the commission. At least thirty (30) days before the date
1019	1019	24 that a permit reverts to the commission, the commission shall
1020	1020	25 provide written notice to the permittee informing the permittee of
1021	1021	26 the date that the permittee's permit will revert to the commission.
1022	1022	27 (f) The chairperson or the chairperson's designee may allow the
1023	1023	28 permittee to renew the permit after the date the permit expires
1024	1024	29 only if the permittee provides evidence that the permittee is
1025	1025	30 engaged in an administrative or court proceeding that prevents the
1026	1026	31 permittee from renewing the permit.
1027	1027	32 (g) A permit is effective upon the final approval of the
1028	1028	33 commission. Upon final approval of a permit, and upon the request
1029	1029	34 of the permittee, the commission shall provide the permittee with
1030	1030	35 a letter of authority to operate. The letter of authority to operate
1031	1031	36 constitutes authorization for the permittee to perform the actions
1032	1032	37 allowed under the permit until the date the permittee receives the
1033	1033	38 permit issued by the commission.
1034	1034	39 Sec. 7. (a) The chairperson or the chairperson's designee may
1035	1035	40 issue an original letter of extension extending the term of a permit
1036	1036	41 for a maximum period of ninety (90) days for good cause shown
1037	1037	42 upon the written request of the permittee and payment of the fee,
1038	1038	2023 IN 308—LS 7125/DI 106 25
1039	1039	1 if required.
1040	1040	2 (b) Upon the expiration of an original letter of extension, or any
1041	1041	3 renewal thereof, if good cause still exists, subsequent renewals of
1042	1042	4 the extension may be granted to the permittee only upon the
1043	1043	5 affirmative vote of a majority of the members of the commission.
1044	1044	6 Sec. 8. The commission shall issue a permit authorized by this
1045	1045	7 article only upon proper application. The application shall be in
1046	1046	8 writing, and verified, upon forms prescribed and furnished by the
1047	1047	9 commission. The application shall contain the terms and
1048	1048	10 information required by this article or by the rules of the
1049	1049	11 commission. The appropriate surety bond, if required, must be
1050	1050	12 submitted with the application.
1051	1051	13 Sec. 9. An application for a permit shall contain the express
1052	1052	14 statement of the applicant that, if a permit is issued to the
1053	1053	15 applicant, the applicant consents for the duration of the permit
1054	1054	16 term to the entrance, inspection, and search by an enforcement
1055	1055	17 officer, without a warrant or other process, of the applicant's
1056	1056	18 permitted premises and vehicles to determine whether the
1057	1057	19 applicant is complying with the provisions of this article. The
1058	1058	20 consent required by this section is renewed and continued by the
1059	1059	21 retention of a permit or its use by a permittee.
1060	1060	22 Sec. 10. An application for a permit to sell cannabis or cannabis
1061	1061	23 products of any kind, and the required publication of notice, must
1062	1062	24 disclose the name of the applicant and the specific property
1063	1063	25 address where the cannabis or cannabis products are to be sold,
1064	1064	26 and any assumed business name under which the business will be
1065	1065	27 conducted. The application and notice also must disclose:
1066	1066	28 (1) the names of the executive officers of the corporation,
1067	1067	29 company, or other entity responsible to the public for the sale
1068	1068	30 of cannabis or the cannabis product; and
1069	1069	31 (2) the website where a member of the public may access the
1070	1070	32 information in subdivision (1).
1071	1071	33 Sec. 11. An applicant must have a vested legal interest in the
1072	1072	34 property address listed on the permit application.
1073	1073	35 Sec. 12. (a) As used in this section, "immediate family member"
1074	1074	36 means a spouse, parent, child, sibling, father-in-law, or
1075	1075	37 mother-in-law.
1076	1076	38 (b) The commission may not issue a permit under this chapter
1077	1077	39 to an individual who is an immediate family member of a current
1078	1078	40 permittee.
1079	1079	41 Sec. 13. (a) On receipt of a completed permit application under
1080	1080	42 this chapter, the commission shall forward a copy of the
1081	1081	2023 IN 308—LS 7125/DI 106 26
1082	1082	1 application to the state police department.
1083	1083	2 (b) The state police department shall perform a national
1084	1084	3 criminal history background check of the applicant and return the
1085	1085	4 application to the commission along with the results from the
1086	1086	5 national criminal history background check. The commission is
1087	1087	6 responsible for the cost of the national criminal history
1088	1088	7 background check.
1089	1089	8 (c) The commission shall review the permit application after
1090	1090	9 receipt of the results from the state police department. The
1091	1091	10 commission shall grant or deny a completed application for a
1092	1092	11 permit within sixty (60) days after receipt of the application. If the
1093	1093	12 commission determines that:
1094	1094	13 (1) all the requirements under this article have been met; and
1095	1095	14 (2) the applicant has not been convicted within ten (10) years
1096	1096	15 before the date of application of:
1097	1097	16 (A) a federal crime having a sentence of more than one (1)
1098	1098	17 year;
1099	1099	18 (B) a Class A, Class B, or Class C felony (for a crime
1100	1100	19 committed before July 1, 2014) or a Level 1, Level 2, Level
1101	1101	20 3, Level 4, or Level 5 felony (for a crime committed after
1102	1102	21 June 30, 2014); or
1103	1103	22 (C) a crime in another state that is substantially similar to
1104	1104	23 a crime described in clause (B);
1105	1105	24 the commission shall approve the application for issuance of
1106	1106	25 the permit.
1107	1107	26 (d) The commission may deny a permit application if it finds
1108	1108	27 that the applicant has been adjudicated against in a civil
1109	1109	28 proceeding regarding the cannabis or hemp industry.
1110	1110	29 (e) If the completed application for a permit is denied, the
1111	1111	30 commission must state the reasons for the denial. If a completed
1112	1112	31 application is denied under this section, the applicant may reapply
1113	1113	32 within thirty (30) days after the date of the denial. There is no
1114	1114	33 application fee for a reapplication under this subsection.
1115	1115	34 (f) A permit issued under this chapter expires one (1) year after
1116	1116	35 the date on which the permit was issued, unless revoked.
1117	1117	36 Sec. 14. An applicant for a permit issued pursuant to this article
1118	1118	37 shall file with the commission a surety bond in the sum of fifteen
1119	1119	38 thousand dollars ($15,000).
1120	1120	39 Sec. 15. (a) The required surety bond of an applicant must be
1121	1121	40 approved by the commission. The bond must be made payable to
1122	1122	41 the state and may be forfeited if the applicant:
1123	1123	42 (1) violates a provision of this article or a rule of the
1124	1124	2023 IN 308—LS 7125/DI 106 27
1125	1125	1 commission that relates to the permit; or
1126	1126	2 (2) fails to pay all taxes and fees imposed by this article on the
1127	1127	3 activities authorized under the permit.
1128	1128	4 (b) A permittee shall keep the bond in full force and effect
1129	1129	5 continuously in order to keep the permit in force.
1130	1130	6 Sec. 16. (a) Except as provided in subsection (b), the commission
1131	1131	7 may recover not more than two hundred fifty dollars ($250) in any
1132	1132	8 one (1) action on a permittee's surety bond for the violation of a
1133	1133	9 rule of the commission. Except as provided in subsection (b), the
1134	1134	10 commission may recover not more than five hundred dollars ($500)
1135	1135	11 in any one (1) action on the surety bond for the violation of a
1136	1136	12 provision of this article. All violations committed before the
1137	1137	13 commission brings an action on the bond are considered one (1)
1138	1138	14 violation. Funds recovered on a bond shall be deposited in the
1139	1139	15 cannabis regulation fund established by IC 7.1-8-2-10.
1140	1140	16 (b) The state may recover the full amount of all taxes and fees
1141	1141	17 due and owed by the permittee under this article in a single action
1142	1142	18 on the bond. No person may bring an action on the bond except the
1143	1143	19 commission. Funds recovered under this section shall be deposited
1144	1144	20 in the state general fund.
1145	1145	21 Sec. 17. The commission shall ensure that a surety bond filed
1146	1146	22 under this article is securely stored. The commission may not
1147	1147	23 approve a surety bond unless the surety company is solvent and
1148	1148	24 qualified to do business in Indiana. The commission, before
1149	1149	25 approving a surety bond, shall require the commissioner of the
1150	1150	26 department of insurance to furnish to the commission copies of
1151	1151	27 reports of the surety company and other information concerning
1152	1152	28 the reserves and reliability of the company.
1153	1153	29 Sec. 18. Cash or bonds of the United States, or both, may be
1154	1154	30 tendered to the commission instead of a surety bond required by
1155	1155	31 the provisions of this article if it is tendered on the same terms and
1156	1156	32 conditions as a surety bond.
1157	1157	33 Sec. 19. A surety may not cancel or annul a surety bond filed in
1158	1158	34 accordance with the provisions of this article after it has been
1159	1159	35 approved by the commission. However, a surety, with the consent
1160	1160	36 of the commission, may cancel a bond and be released from
1161	1161	37 liability accruing after the effective date of the cancellation. The
1162	1162	38 commission may not approve a cancellation until the surety has
1163	1163	39 paid and discharged in full its liability to the state on the bond to
1164	1164	40 the date of the approval of the cancellation.
1165	1165	41 Sec. 20. (a) As used in this section, "credit card" means a:
1166	1166	42 (1) credit card;
1167	1167	2023 IN 308—LS 7125/DI 106 28
1168	1168	1 (2) debit card;
1169	1169	2 (3) charge card; or
1170	1170	3 (4) stored value card.
1171	1171	4 (b) The commission shall accept a payment to the commission
1172	1172	5 for any purpose by any of the following financial instruments:
1173	1173	6 (1) Cash.
1174	1174	7 (2) Certified check.
1175	1175	8 (3) Cashier's check.
1176	1176	9 (4) Check drawn on the bank deposit of a business.
1177	1177	10 (5) Valid postal money order of the United States.
1178	1178	11 (6) Bank draft.
1179	1179	12 (7) Money order.
1180	1180	13 (8) Bank card or credit card.
1181	1181	14 (9) Electronic funds transfer.
1182	1182	15 (10) Any other financial instrument authorized by the
1183	1183	16 commission.
1184	1184	17 (c) If there is a charge to the commission for the use of a
1185	1185	18 financial instrument, the commission may collect a sum equal to
1186	1186	19 the amount of the charge from the person who uses the financial
1187	1187	20 instrument.
1188	1188	21 (d) A procedure authorized for a particular type of payment
1189	1189	22 must be uniformly applied to all payments of the same type.
1190	1190	23 (e) The commission may contract with a bank card or credit
1191	1191	24 card vendor for acceptance of bank cards or credit cards.
1192	1192	25 However, if there is a vendor transaction charge or discount fee,
1193	1193	26 whether billed to the commission or charged directly to the
1194	1194	27 commission's account, the commission may collect from the person
1195	1195	28 using the card:
1196	1196	29 (1) an official fee that may not exceed the transaction charge
1197	1197	30 or discount fee charged to the commission by bank or credit
1198	1198	31 card vendors; or
1199	1199	32 (2) a reasonable convenience fee that:
1200	1200	33 (A) may not exceed three dollars ($3); and
1201	1201	34 (B) must be uniform regardless of the bank card or credit
1202	1202	35 card used.
1203	1203	36 The fees described in subdivisions (1) and (2) may be collected
1204	1204	37 regardless of retail merchant agreements between the bank and
1205	1205	38 credit card vendors that may prohibit such fees. These fees are
1206	1206	39 permitted additional charges under IC 24-4.5-3-202.
1207	1207	40 (f) The commission may pay any applicable bank card or credit
1208	1208	41 card service charge associated with the use of a bank card or credit
1209	1209	42 card under this section.
1210	1210	2023 IN 308—LS 7125/DI 106 29
1211	1211	1 Sec. 21. (a) Except as provided in subsection (d), if publication
1212	1212	2 of notice of application for a permit is required under this article,
1213	1213	3 the publication shall be made in one (1) newspaper of general
1214	1214	4 circulation published in the county where the permit is to be in
1215	1215	5 effect.
1216	1216	6 (b) Publication required under subsection (a) may be made in
1217	1217	7 any newspaper of general circulation published one (1) or more
1218	1218	8 times each week.
1219	1219	9 (c) The rates to be paid for the advertising of a notice required
1220	1220	10 under this article shall be those required to be paid in case of other
1221	1221	11 notices published for or on behalf of the state.
1222	1222	12 (d) If:
1223	1223	13 (1) the commission is unable to procure advertising of a notice
1224	1224	14 as required under subsection (a) at the rates set forth in
1225	1225	15 IC 5-3-1; or
1226	1226	16 (2) the newspaper published in the county as described in
1227	1227	17 subsection (a) refuses to publish the notice;
1228	1228	18 the commission may, instead of publication in a newspaper as
1229	1229	19 required under subsection (a), post the notice on the commission's
1230	1230	20 website.
1231	1231	21 Sec. 22. Whenever the character of the business in which an
1232	1232	22 applicant is engaged is material to the applicant being issued a
1233	1233	23 permit under this article, or is material to the applicant being
1234	1234	24 qualified to continue to hold the permit, it must be made to appear
1235	1235	25 to the satisfaction of the commission that a substantial portion of
1236	1236	26 the business carried on, or to be carried on, in the premises in
1237	1237	27 respect to which a permit is applied for is in the nature of the
1238	1238	28 applicant's main business function in the premises.
1239	1239	29 Sec. 23. A person to whom a permit has been issued to carry on
1240	1240	30 any of the activities authorized by this article shall, before being
1241	1241	31 fully qualified to do business, post and display, and keep posted
1242	1242	32 and displayed, in the most conspicuous place in the person's
1243	1243	33 permitted premises the person's permit to do business.
1244	1244	34 Sec. 24. A permit issued under this article may not be
1245	1245	35 transferred from:
1246	1246	36 (1) the permit holder to another person; or
1247	1247	37 (2) the location for which the permit was approved or
1248	1248	38 renewed to another location;
1249	1249	39 unless otherwise authorized in this article or approved by the
1250	1250	40 commission.
1251	1251	41 Sec. 25. (a) As used in this section, "disqualifying event" means
1252	1252	42 an occurrence that would render the planned cannabis permittee
1253	1253	2023 IN 308—LS 7125/DI 106 30
1254	1254	1 location illegal under this article.
1255	1255	2 (b) If a disqualifying event occurs while a permit application is
1256	1256	3 pending before the commission, the applicant may transfer the
1257	1257	4 permit location within six (6) months of the disqualifying event.
1258	1258	5 Sec. 26. If the information required for an initial or renewal
1259	1259	6 permit changes, the permit holder shall notify the commission
1260	1260	7 within ten (10) business days of the change. If any change in the
1261	1261	8 information required for an application results in a violation of this
1262	1262	9 article, the commission may impose a penalty as provided in this
1263	1263	10 article.
1264	1264	11 Sec. 27. (a) Except as provided in subsection (b), nothing in this
1265	1265	12 article prohibits a permittee from simultaneously holding a:
1266	1266	13 (1) grower permit;
1267	1267	14 (2) processor permit; and
1268	1268	15 (3) retail permit.
1269	1269	16 However, a person holding a transport permit or a testing permit
1270	1270	17 may not hold any other type of permit.
1271	1271	18 (b) Not more than nine (9) permittees may hold a grower
1272	1272	19 permit, a processor permit, and at least one (1) retail permit at one
1273	1273	20 (1) time.
1274	1274	21 (c) An integrated permittee must:
1275	1275	22 (1) demonstrate a substantial historical business investment
1276	1276	23 in Indiana; and
1277	1277	24 (2) provide proof of a capital plan;
1278	1278	25 as determined by the commission.
1279	1279	26 (d) An integrated permittee is subject to all the requirements of
1280	1280	27 the laws and regulations governing each permit.
1281	1281	28 (e) In addition to the fees required by each underlying permit,
1282	1282	29 an integrated permittee or prospective integrated permittee shall
1283	1283	30 pay:
1284	1284	31 (1) an application fee of thirty thousand dollars ($30,000);
1285	1285	32 (2) an initial permit fee of fifteen thousand dollars ($15,000);
1286	1286	33 (3) an annual renewal fee of fifteen thousand dollars
1287	1287	34 ($15,000); and
1288	1288	35 (4) an annual investigation fee of seven thousand five hundred
1289	1289	36 dollars ($7,500).
1290	1290	37 (f) An integrated permittee to whom a permit has been issued
1291	1291	38 under this chapter may deposit that permit with the commission
1292	1292	39 for a period of:
1293	1293	40 (1) two (2) years if the permittee is unable to immediately
1294	1294	41 operate the business to which the permit applies; and
1295	1295	42 (2) one (1) additional year, if the integrated permittee is
1296	1296	2023 IN 308—LS 7125/DI 106 31
1297	1297	1 operating as a grower and a processor, but requires
1298	1298	2 additional time to operate as a retailer.
1299	1299	3 (g) If a permittee is unable to use the permit issued under this
1300	1300	4 article within the period described in subsection (f), the permit is
1301	1301	5 forfeited to the commission, unless the commission finds that a
1302	1302	6 reasonable extension is necessary due to construction delays or fire,
1303	1303	7 flood, tornado, or other natural disasters or acts of God.
1304	1304	8 Chapter 12. Grower Permits
1305	1305	9 Sec. 1. The growth of cannabis is authorized in Indiana. The
1306	1306	10 growing and handling of cannabis is subject to regulation by the
1307	1307	11 commission. The commission shall adopt rules under IC 4-22-2 to
1308	1308	12 oversee the permitting, production, and management of:
1309	1309	13 (1) cannabis; and
1310	1310	14 (2) cannabis seed.
1311	1311	15 Sec. 2. (a) Except as expressly provided in this article, a
1312	1312	16 cannabis grower may not grow or sell cannabis in Indiana without
1313	1313	17 a permit issued by the commission under this article.
1314	1314	18 (b) Except as otherwise provided in this article, cannabis
1315	1315	19 produced by a grower permittee under this article may be grown
1316	1316	20 and sold in Indiana.
1317	1317	21 (c) A grower issued a permit under this chapter may only grow
1318	1318	22 cannabis in an indoor grow facility. Cannabis may not be grown
1319	1319	23 outdoors.
1320	1320	24 (d) Nothing in this chapter prohibits a grower permittee from
1321	1321	25 selling cannabis to another grower permittee in Indiana.
1322	1322	26 (e) Nothing in this chapter prohibits a grower permittee from
1323	1323	27 exporting cannabis outside Indiana as permitted by federal law.
1324	1324	28 Sec. 3. (a) A grower to whom a permit has been issued under
1325	1325	29 this chapter may deposit that permit with the commission for a
1326	1326	30 period of two (2) years if the permittee is unable to immediately
1327	1327	31 operate the business to which the permit applies.
1328	1328	32 (b) If a permittee is unable to use the permit issued under this
1329	1329	33 article within two (2) years, the permit is forfeited to the
1330	1330	34 commission, unless the commission finds that a reasonable
1331	1331	35 extension is necessary due to construction delays or fire, flood,
1332	1332	36 tornado, or other natural disasters or acts of God.
1333	1333	37 Sec. 4. In addition to the other requirements of this article, an
1334	1334	38 initial or renewal application for a grower permit must include the
1335	1335	39 following:
1336	1336	40 (1) The global positioning system coordinates and legal
1337	1337	41 description of the property used for the cannabis grow
1338	1338	42 operation.
1339	1339	2023 IN 308—LS 7125/DI 106 32
1340	1340	1 (2) The planned size of the cannabis canopy.
1341	1341	2 (3) A site plan of the proposed indoor grow facility.
1342	1342	3 (4) A nonrefundable application fee.
1343	1343	4 Sec. 5. (a) For a permittee or prospective permittee who grows
1344	1344	5 less than five thousand (5,000) square feet of cannabis canopy, the
1345	1345	6 permittee shall pay:
1346	1346	7 (1) an application fee of five thousand dollars ($5,000);
1347	1347	8 (2) an initial permit fee of two thousand five hundred dollars
1348	1348	9 ($2,500);
1349	1349	10 (3) an annual renewal fee of two thousand five hundred
1350	1350	11 dollars ($2,500); and
1351	1351	12 (4) an annual investigation fee of one thousand two hundred
1352	1352	13 fifty dollars ($1,250).
1353	1353	14 (b) For a permittee or prospective permittee who grows at least
1354	1354	15 five thousand (5,000) square feet of cannabis canopy and less than
1355	1355	16 fifteen thousand (15,000) square feet of cannabis canopy, the
1356	1356	17 permittee shall pay:
1357	1357	18 (1) an application fee of ten thousand dollars ($10,000);
1358	1358	19 (2) an initial permit fee of five thousand dollars ($5,000);
1359	1359	20 (3) an annual renewal fee of five thousand dollars ($5,000);
1360	1360	21 and
1361	1361	22 (4) an annual investigation fee of two thousand five hundred
1362	1362	23 dollars ($2,500).
1363	1363	24 (c) For a permittee or prospective permittee who grows at least
1364	1364	25 fifteen thousand (15,000) square feet of cannabis canopy, the
1365	1365	26 permittee shall pay:
1366	1366	27 (1) an application fee of fifteen thousand dollars ($15,000);
1367	1367	28 (2) an initial permit fee of seven thousand five hundred dollars
1368	1368	29 ($7,500);
1369	1369	30 (3) an annual renewal fee of seven thousand five hundred
1370	1370	31 dollars ($7,500); and
1371	1371	32 (4) an annual investigation fee of three thousand seven
1372	1372	33 hundred fifty dollars ($3,750).
1373	1373	34 (d) Not more than:
1374	1374	35 (1) twelve (12) grower permits may be issued under
1375	1375	36 subsection (a) at one (1) time;
1376	1376	37 (2) six (6) grower permits may be issued under subsection (b)
1377	1377	38 at one (1) time; and
1378	1378	39 (3) four (4) grower permits may be issued under subsection (c)
1379	1379	40 at one (1) time.
1380	1380	41 (e) A permittee, or permittee who is directly or indirectly
1381	1381	42 controlled by another permittee, may not possess more than one (1)
1382	1382	2023 IN 308—LS 7125/DI 106 33
1383	1383	1 grower permit at one (1) time.
1384	1384	2 (f) The fees set forth in this section are due to the commission
1385	1385	3 within thirty (30) days of the date the initial or renewal grower
1386	1386	4 permit is issued, and shall be deposited in the cannabis regulation
1387	1387	5 fund established by IC 7.1-8-2-10.
1388	1388	6 Sec. 6. (a) A grower shall uniquely identify each immature plant
1389	1389	7 batch with a single permanent plant tag and record the
1390	1390	8 information in the statewide monitoring system established under
1391	1391	9 IC 7.1-8-17. Each immature plant batch must consist of not more
1392	1392	10 than one hundred (100) immature plants.
1393	1393	11 (b) A grower shall separate the plants as the plants go through
1394	1394	12 different growth stages and ensure that the plant tag is always
1395	1395	13 identified with the plant throughout the growth span so that all
1396	1396	14 plants can be easily identified and inspected. A grower shall ensure
1397	1397	15 that the identification information is recorded in the statewide
1398	1398	16 monitoring system.
1399	1399	17 (c) After a tagged plant is harvested, it is part of a harvest batch
1400	1400	18 so that a sample of the harvest batch can be tested in accordance
1401	1401	19 with this article. A grower shall quarantine a harvest batch from
1402	1402	20 other plants or batches that have test results pending. A harvest
1403	1403	21 batch must be easily distinguishable from other harvest batches
1404	1404	22 until the batch is broken down into packages.
1405	1405	23 (d) After test results show a passed test and the harvest batch is
1406	1406	24 packaged, the grower shall destroy the individual plant tags. Each
1407	1407	25 package must have a permanent package tag attached. A grower
1408	1408	26 shall ensure this information is placed in the statewide monitoring
1409	1409	27 system in accordance with this article and rules adopted by the
1410	1410	28 commission.
1411	1411	29 Sec. 7. (a) In addition to any other liability or penalty provided
1412	1412	30 by law, the commission may revoke or refuse to issue or renew a
1413	1413	31 cannabis grower permit and may impose a civil penalty for a
1414	1414	32 violation of:
1415	1415	33 (1) a permit requirement;
1416	1416	34 (2) permit terms or conditions; or
1417	1417	35 (3) a rule relating to growing cannabis.
1418	1418	36 (b) The commission may not impose a civil penalty under this
1419	1419	37 section that exceeds two thousand five hundred dollars ($2,500).
1420	1420	38 (c) Any civil penalties collected under this section shall be
1421	1421	39 deposited in the cannabis regulation fund established by
1422	1422	40 IC 7.1-8-2-10.
1423	1423	41 Sec. 8. (a) Except as provided in subsection (b), the commission
1424	1424	42 shall give a person who negligently violates this chapter a
1425	1425	2023 IN 308—LS 7125/DI 106 34
1426	1426	1 reasonable time, determined by the commission, to correct the
1427	1427	2 violation without imposing a penalty under this chapter. However,
1428	1428	3 the commission may require the person who committed the
1429	1429	4 violation to comply with a corrective action plan determined by the
1430	1430	5 commission and report to the commission on compliance with the
1431	1431	6 corrective action plan.
1432	1432	7 (b) A person who commits a negligent violation of this chapter
1433	1433	8 three (3) times in a five (5) year period shall immediately be
1434	1434	9 ineligible to hold or work under a cannabis permit for five (5)
1435	1435	10 years.
1436	1436	11 (c) If the commission believes that a person has knowingly or
1437	1437	12 intentionally violated this chapter, the commission shall notify:
1438	1438	13 (1) the superintendent of the state police department; and
1439	1439	14 (2) the prosecuting attorney of the county in which the
1440	1440	15 violation occurred;
1441	1441	16 of the violation.
1442	1442	17 (d) A person who commits a negligent violation under this
1443	1443	18 chapter is subject to a late fee as established by rule adopted by the
1444	1444	19 commission.
1445	1445	20 Sec. 9. The commission shall adopt rules under IC 4-22-2 to
1446	1446	21 implement and administer this chapter.
1447	1447	22 Sec. 10. (a) The commission may keep the:
1448	1448	23 (1) names of growers who are permitted under this chapter;
1449	1449	24 and
1450	1450	25 (2) locations of permitted cannabis crops;
1451	1451	26 confidential for purposes of IC 5-14-3.
1452	1452	27 (b) The commission may share confidential information under
1453	1453	28 subsection (a) with the state police department and law
1454	1454	29 enforcement officers (as defined in IC 35-31.5-2-185).
1455	1455	30 Sec. 11. A person not permitted under this chapter who
1456	1456	31 knowingly or intentionally:
1457	1457	32 (1) grows or sells cannabis; or
1458	1458	33 (2) sells cannabis seed;
1459	1459	34 commits a Level 6 felony.
1460	1460	35 Chapter 13. Processor Permits
1461	1461	36 Sec. 1. The commission may issue a cannabis processor permit
1462	1462	37 to a person who desires to process cannabis or cannabis products.
1463	1463	38 Sec. 2. The holder of a processor permit may do the following:
1464	1464	39 (1) Process cannabis or cannabis products.
1465	1465	40 (2) Place cannabis or cannabis products in containers for
1466	1466	41 retail sale.
1467	1467	42 (3) Sell and deliver cannabis or cannabis products to a person
1468	1468	2023 IN 308—LS 7125/DI 106 35
1469	1469	1 holding a cannabis retailer permit issued under this article.
1470	1470	2 Sec. 3. A permittee or prospective permittee shall pay:
1471	1471	3 (1) an application fee of five thousand dollars ($5,000);
1472	1472	4 (2) an initial permit fee of two thousand five hundred dollars
1473	1473	5 ($2,500);
1474	1474	6 (3) an annual renewal fee of two thousand five hundred
1475	1475	7 dollars ($2,500); and
1476	1476	8 (4) an annual investigation fee of one thousand two hundred
1477	1477	9 fifty dollars ($1,250).
1478	1478	10 Sec. 4. (a) A processor to whom a permit has been issued under
1479	1479	11 this chapter may deposit that permit with the commission for a
1480	1480	12 period of two (2) years if the permittee is unable to immediately
1481	1481	13 operate the business to which the permit applies.
1482	1482	14 (b) If a permittee is unable to use the permit issued under this
1483	1483	15 article within one (1) year, the permit is forfeited to the
1484	1484	16 commission, unless the commission finds that a reasonable
1485	1485	17 extension is necessary due to construction delays or fire, flood,
1486	1486	18 tornado, or other natural disasters or acts of God.
1487	1487	19 Sec. 5. Cannabis must be transported and distributed to and
1488	1488	20 from a processor in packaging that contains the following
1489	1489	21 information:
1490	1490	22 (1) A scannable bar code or QR code linked to a document
1491	1491	23 that contains the:
1492	1492	24 (A) batch identification number of the cannabis;
1493	1493	25 (B) product name;
1494	1494	26 (C) batch date;
1495	1495	27 (D) expiration date, which must be not more than two (2)
1496	1496	28 years from the date of manufacture;
1497	1497	29 (E) batch size;
1498	1498	30 (F) total quantity produced;
1499	1499	31 (G) ingredients used, including the:
1500	1500	32 (i) ingredient name;
1501	1501	33 (ii) name of the company that manufactured the
1502	1502	34 ingredient;
1503	1503	35 (iii) company or product identification number or code,
1504	1504	36 if applicable; and
1505	1505	37 (iv) ingredient lot number; and
1506	1506	38 (H) results of the quality assurance test conducted under
1507	1507	39 IC 7.1-8-18.
1508	1508	40 (2) The batch number.
1509	1509	41 (3) The Internet address of a website to obtain batch
1510	1510	42 information.
1511	1511	2023 IN 308—LS 7125/DI 106 36
1512	1512	1 (4) The expiration date.
1513	1513	2 (5) The total number of milligrams of
1514	1514	3 delta-9-tetrahydrocannabinol (THC), including precursors.
1515	1515	4 (6) The grower.
1516	1516	5 Chapter 14. Transport Permits
1517	1517	6 Sec. 1. The commission may issue a cannabis transport permit
1518	1518	7 to a person who is a carrier upon a showing of the reliability and
1519	1519	8 responsibility of the carrier and the appropriateness of issuing the
1520	1520	9 permit.
1521	1521	10 Sec. 2. The transportation of cannabis and cannabis products
1522	1522	11 for sale in Indiana are subject to the rules of the commission.
1523	1523	12 Cannabis and cannabis products may be transported and delivered
1524	1524	13 only in containers that are lawful under this article and permissible
1525	1525	14 under the rules of the commission.
1526	1526	15 Sec. 3. A transport permit is required for the transportation of
1527	1527	16 cannabis or cannabis products on a public highway in Indiana.
1528	1528	17 Sec. 4. (a) A carrier must hold a transport permit before the
1529	1529	18 carrier may transport cannabis or cannabis products on a public
1530	1530	19 highway.
1531	1531	20 (b) A person who is a direct or beneficial owner of a grower,
1532	1532	21 processor, retail, or safety compliance facility permit issued under
1533	1533	22 this article may not hold a transport permit.
1534	1534	23 Sec. 5. A permittee or prospective permittee shall pay:
1535	1535	24 (1) an application fee of five thousand dollars ($5,000);
1536	1536	25 (2) an initial permit fee of two thousand five hundred dollars
1537	1537	26 ($2,500);
1538	1538	27 (3) an annual renewal fee of two thousand five hundred
1539	1539	28 dollars ($2,500); and
1540	1540	29 (4) an annual investigation fee of one thousand two hundred
1541	1541	30 fifty dollars ($1,250).
1542	1542	31 Sec. 6. (a) A carrier to whom a permit has been issued under
1543	1543	32 this chapter may deposit that permit with the commission for a
1544	1544	33 period of one (1) year if the permittee is unable to immediately
1545	1545	34 operate the business to which the permit applies.
1546	1546	35 (b) If a permittee is unable to use the permit issued under this
1547	1547	36 article within one (1) year, the permit is forfeited to the
1548	1548	37 commission, unless the commission finds that a reasonable
1549	1549	38 extension is necessary due to construction delays or fire, flood,
1550	1550	39 tornado, or other natural disasters or acts of God.
1551	1551	40 Sec. 7. (a) A carrier may not transport cannabis on a vehicle
1552	1552	41 owned or operated by the carrier unless the carrier has filed a
1553	1553	42 description of the vehicle with the commission.
1554	1554	2023 IN 308—LS 7125/DI 106 37
1555	1555	1 (b) The description of a vehicle used to transport cannabis must
1556	1556	2 include:
1557	1557	3 (1) the engine number;
1558	1558	4 (2) the date of manufacture;
1559	1559	5 (3) the approximate weight;
1560	1560	6 (4) the vehicle identification number;
1561	1561	7 (5) the license plate number;
1562	1562	8 (6) the capacity; and
1563	1563	9 (7) any other information that the commission may require.
1564	1564	10 (c) The permittee may alter or add to the number of vehicles
1565	1565	11 included under the permit at any time.
1566	1566	12 Sec. 8. (a) A carrier must transmit a copy of its route plan and
1567	1567	13 manifest to the safety compliance facility as required by
1568	1568	14 IC 7.1-8-18, and a copy of each must be carried in the transporting
1569	1569	15 vehicle and presented to a law enforcement officer or commission
1570	1570	16 enforcement officer upon request.
1571	1571	17 (b) The commission may inspect shipments of cannabis or
1572	1572	18 cannabis products in transit and the vehicle used in the
1573	1573	19 transportation.
1574	1574	20 Sec. 9. A transport permittee who knowingly or intentionally
1575	1575	21 transports cannabis in a vehicle for which the permittee has not
1576	1576	22 filed a description under this chapter commits a Class A
1577	1577	23 misdemeanor.
1578	1578	24 Chapter 15. Retailer Permits
1579	1579	25 Sec. 1. The commission may issue a cannabis retailer permit to
1580	1580	26 a person who desires to sell cannabis to customers for
1581	1581	27 consumption.
1582	1582	28 Sec. 2. (a) The commission may grant only one (1) cannabis
1583	1583	29 retailer permit per twenty-five thousand (25,000) persons
1584	1584	30 statewide. However, each county is entitled to at least one (1)
1585	1585	31 permit.
1586	1586	32 (b) The commission may issue not more than three hundred
1587	1587	33 (300) active cannabis retailer permits at any one (1) time.
1588	1588	34 (c) A county may not have more permits than its census
1589	1589	35 population divided by twenty-five thousand (25,000).
1590	1590	36 (d) No single cannabis retail permittee may own more than ten
1591	1591	37 percent (10%) of available permits.
1592	1592	38 Sec. 3. A permittee or prospective permittee shall pay:
1593	1593	39 (1) an application fee of ten thousand dollars ($10,000);
1594	1594	40 (2) an initial permit fee of five thousand dollars ($5,000);
1595	1595	41 (3) an annual renewal fee of five thousand dollars ($5,000);
1596	1596	42 and
1597	1597	2023 IN 308—LS 7125/DI 106 38
1598	1598	1 (4) an annual investigation fee of two thousand five hundred
1599	1599	2 dollars ($2,500).
1600	1600	3 Sec. 4. (a) The holder of a cannabis retailer permit may
1601	1601	4 purchase cannabis only from a permittee permitted under this
1602	1602	5 article. A cannabis retailer may possess cannabis and sell it at
1603	1603	6 retail for consumption to a customer who is at least twenty-one (21)
1604	1604	7 years of age.
1605	1605	8 (b) A cannabis retailer may sell cannabis or cannabis products
1606	1606	9 at wholesale.
1607	1607	10 (c) A cannabis retailer may sell and deliver cannabis for carry
1608	1608	11 out and for at home delivery without a transport permit.
1609	1609	12 Sec. 5. (a) A retailer to whom a permit has been issued under
1610	1610	13 this chapter may deposit the permit with the commission for a
1611	1611	14 period of one (1) year if the permittee is unable to immediately
1612	1612	15 operate the business to which the permit applies.
1613	1613	16 (b) If a permittee is unable to use the permit issued under this
1614	1614	17 article within one (1) year, the permit is forfeited to the
1615	1615	18 commission, unless the commission finds that a reasonable
1616	1616	19 extension is necessary due to construction delays or fire, flood,
1617	1617	20 tornado, or other natural disasters or acts of God.
1618	1618	21 Sec. 6. (a) A cannabis retailer may not:
1619	1619	22 (1) operate within one thousand (1,000) feet of an elementary
1620	1620	23 or secondary school;
1621	1621	24 (2) allow a customer to sample or consume cannabis or a
1622	1622	25 cannabis product on the premises;
1623	1623	26 (3) permit a customer to purchase more than one (1) ounce of
1624	1624	27 cannabis or five (5) grams of cannabis concentrate per day; or
1625	1625	28 (4) sell cannabis or a cannabis product in a unitary
1626	1626	29 transaction (as defined by IC 6-2.5-1-1) or bundled
1627	1627	30 transaction (as defined in IC 6-2.5-1-11.5).
1628	1628	31 (b) A person who knowingly or intentionally violates this section
1629	1629	32 commits a Level 6 felony.
1630	1630	33 Sec. 7. (a) All sales of cannabis and cannabis products must be
1631	1631	34 accompanied by an invoice showing the following:
1632	1632	35 (1) The name and address of the seller and the purchaser.
1633	1633	36 (2) The date of sale.
1634	1634	37 (3) The name of each brand sold.
1635	1635	38 (4) The number of packages, if any.
1636	1636	39 (5) The number of cases by size and type of container.
1637	1637	40 (6) The quantity of each kind of cannabis sold.
1638	1638	41 (b) The permittee must transmit an invoice to the commission
1639	1639	42 in accordance with rules adopted by the commission.
1640	1640	2023 IN 308—LS 7125/DI 106 39
1641	1641	1 Sec. 8. Except as provided in IC 7.1-8-16, a unit may not
1642	1642	2 regulate cannabis.
1643	1643	3 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
1644	1644	4 Sec. 1. (a) Before July 1, 2024, the governing body of a county
1645	1645	5 may adopt a resolution to place a public question on the ballot to
1646	1646	6 prohibit cannabis retail licensure within the county. The governing
1647	1647	7 body shall determine whether to place the public question on the
1648	1648	8 primary election ballot, on the general election ballot, or on a
1649	1649	9 special election ballot.
1650	1650	10 (b) As soon as practicable after adopting the resolution under
1651	1651	11 subsection (a), the governing body shall send a certified copy of the
1652	1652	12 resolution to the commission and the county circuit court clerk.
1653	1653	13 Sec. 2. A prohibition against cannabis retail licensure under this
1654	1654	14 chapter prevails if a majority of the individuals who vote on the
1655	1655	15 public question approves the prohibition.
1656	1656	16 Sec. 3. The public question to be submitted to the voters must
1657	1657	17 read as follows:
1658	1658	18 "Shall the county prohibit cannabis retail licensure for five (5)
1659	1659	19 years immediately following the holding of the referendum?
1660	1660	20 If this public question is approved by the voters, cannabis
1661	1661	21 retailers will be prohibited from licensing premises in the
1662	1662	22 county for five (5) years.".
1663	1663	23 Sec. 4. Each circuit court clerk shall, upon receiving the
1664	1664	24 question approved by the governing body of a county under this
1665	1665	25 chapter, call a meeting of the county election board to certify the
1666	1666	26 question and make arrangements for the referendum.
1667	1667	27 Sec. 5. (a) The referendum shall be held in the next primary
1668	1668	28 election or general election in which all the registered voters who
1669	1669	29 are residents of the county are entitled to vote after adoption of the
1670	1670	30 resolution under section 1 of this chapter. The certification of the
1671	1671	31 question must occur not later than noon:
1672	1672	32 (1) seventy-four (74) days before a primary election if the
1673	1673	33 question is to be placed on the primary election ballot; or
1674	1674	34 (2) August 1 if the question is to be placed on the general
1675	1675	35 election ballot.
1676	1676	36 (b) However, if a primary election or general election will not be
1677	1677	37 held during the first year in which the public question is eligible to
1678	1678	38 be placed on the ballot under this chapter, and if the county
1679	1679	39 requests the public question to be placed on the ballot at a special
1680	1680	40 election, the public question shall be placed on the ballot at a
1681	1681	41 special election to be held on the first Tuesday after the first
1682	1682	42 Monday in May or November of the year. The certification must
1683	1683	2023 IN 308—LS 7125/DI 106 40
1684	1684	1 occur not later than noon:
1685	1685	2 (1) sixty (60) days before a special election to be held in May
1686	1686	3 (if the special election is to be held in May); or
1687	1687	4 (2) August 1 (if the special election is to be held in November).
1688	1688	5 (c) If the referendum is not conducted at a primary election or
1689	1689	6 general election, the county in which the special election is to be
1690	1690	7 held shall pay all the costs of holding the special election.
1691	1691	8 Sec. 6. Each county election board shall cause:
1692	1692	9 (1) the question certified to the circuit court clerk by the
1693	1693	10 governing body of a county to be placed on the ballot in the
1694	1694	11 form prescribed by IC 3-10-9; and
1695	1695	12 (2) an adequate supply of ballots and voting equipment to be
1696	1696	13 delivered to the precinct election board of each precinct in
1697	1697	14 which the referendum is to be held.
1698	1698	15 Sec. 7. (a) Except as provided in subsection (b), every registered
1699	1699	16 voter who resides in the county may vote on the public question.
1700	1700	17 (b) An individual who changes residence from a location within
1701	1701	18 a county to a location outside of the county less than thirty (30)
1702	1702	19 days before an election under this chapter may not vote on the
1703	1703	20 public question.
1704	1704	21 Sec. 8. Each precinct election board shall count the affirmative
1705	1705	22 votes and the negative votes cast concerning the public question,
1706	1706	23 and shall certify those two (2) totals to the county election board of
1707	1707	24 the county. The circuit court clerk shall, immediately after the
1708	1708	25 votes have been counted, certify the results of the public question
1709	1709	26 to the commission and the county governing body.
1710	1710	27 Sec. 9. (a) Except as otherwise provided in this section, during
1711	1711	28 the period beginning with the adoption of a resolution by the
1712	1712	29 governing body of a county to place a public question on the ballot
1713	1713	30 and continuing through the day on which the public question is
1714	1714	31 submitted to the voters, the county governing body may not
1715	1715	32 promote a position on the referendum by doing any of the
1716	1716	33 following:
1717	1717	34 (1) Using facilities or equipment, including mail and
1718	1718	35 messaging systems, owned by the county to promote a position
1719	1719	36 on the public question, unless equal access to the facilities or
1720	1720	37 equipment is given to persons with a position opposite to that
1721	1721	38 of the county governing body.
1722	1722	39 (2) Making an expenditure of money from a fund controlled
1723	1723	40 by the county to promote a position on the public question.
1724	1724	41 (3) Using an employee to promote a position on the public
1725	1725	42 question during the employee's normal working hours or paid
1726	1726	2023 IN 308—LS 7125/DI 106 41
1727	1727	1 overtime, or otherwise compelling an employee to promote a
1728	1728	2 position on the public question at any time. However, if a
1729	1729	3 person described in subsection (c) is advocating for or against
1730	1730	4 a position on the public question or discussing the public
1731	1731	5 question as authorized under subsection (c), an employee of
1732	1732	6 the county may assist the person in presenting information on
1733	1733	7 the public question, if requested to do so by the person
1734	1734	8 described in subsection (c).
1735	1735	9 However, this section does not prohibit an official or employee of
1736	1736	10 the county from carrying out duties with respect to a public
1737	1737	11 question that are part of the normal and regular conduct of the
1738	1738	12 official's or employee's office or agency, including the furnishing
1739	1739	13 of factual information regarding the public question in response to
1740	1740	14 inquiries from any person.
1741	1741	15 (b) This subsection does not apply to:
1742	1742	16 (1) a personal expenditure to promote a position on a public
1743	1743	17 question by an employee of a county whose employment is
1744	1744	18 governed by a collective bargaining contract or an
1745	1745	19 employment contract; or
1746	1746	20 (2) an expenditure to promote a position on a local question
1747	1747	21 by a person or an organization that has a contract or an
1748	1748	22 arrangement (whether formal or informal) with the county
1749	1749	23 solely for the use of the county's facilities.
1750	1750	24 A person or an organization that has a contract or arrangement
1751	1751	25 (whether formal or informal) with a county to provide goods or
1752	1752	26 services to the county may not spend any money to promote a
1753	1753	27 position on the public question. A violation of this subsection is a
1754	1754	28 Class A infraction.
1755	1755	29 (c) Notwithstanding any other law, an elected or appointed
1756	1756	30 member of the county governing body may at any time:
1757	1757	31 (1) personally advocate for or against a position on a public
1758	1758	32 question; or
1759	1759	33 (2) discuss the public question with any individual, group, or
1760	1760	34 organization or personally advocate for or against a position
1761	1761	35 on a public question before any individual, group, or
1762	1762	36 organization;
1763	1763	37 so long as it is not done by using public funds. Advocacy or
1764	1764	38 discussion allowed under this subsection is not considered a use of
1765	1765	39 public funds.
1766	1766	40 Chapter 17. Statewide Monitoring System
1767	1767	41 Sec. 1. The commission shall establish a statewide monitoring
1768	1768	42 system for use as an integrated cannabis tracking, inventory, and
1769	1769	2023 IN 308—LS 7125/DI 106 42
1770	1770	1 verification system. The statewide monitoring system must allow
1771	1771	2 for interface with third party inventory and tracking systems to
1772	1772	3 provide for access by the state, permittees, and law enforcement
1773	1773	4 personnel, to the extent that they need and are authorized to
1774	1774	5 receive or submit the information, to comply with, enforce, or
1775	1775	6 administer this article.
1776	1776	7 Sec. 2. At a minimum, the statewide monitoring system must be
1777	1777	8 capable of storing and providing access to information that, in
1778	1778	9 conjunction with one (1) or more third party inventory control and
1779	1779	10 tracking systems, allows the following:
1780	1780	11 (1) Retention of a record of the date, time, quantity, and price
1781	1781	12 of each sale or transfer of cannabis or cannabis products.
1782	1782	13 (2) Determination of whether a particular sale or transfer
1783	1783	14 transaction will exceed the permissible limit established under
1784	1784	15 this article.
1785	1785	16 (3) Effective monitoring of cannabis seed to sale transfers.
1786	1786	17 (4) Receipt and integration of information from third party
1787	1787	18 inventory control and tracking systems.
1788	1788	19 Sec. 3. The commission shall seek bids under IC 5-22 to
1789	1789	20 establish, operate, and maintain the statewide monitoring system
1790	1790	21 under this chapter. The commission shall do the following:
1791	1791	22 (1) Evaluate bidders based on the cost of the service and the
1792	1792	23 ability to meet all requirements of this article.
1793	1793	24 (2) Give strong consideration to the bidder's ability to prevent
1794	1794	25 fraud, abuse, and other unlawful or prohibited activities
1795	1795	26 associated with the commercial trade in cannabis, and the
1796	1796	27 ability to provide additional tools for the administration and
1797	1797	28 enforcement of this article.
1798	1798	29 (3) Institute procedures to ensure that the contract awardee
1799	1799	30 does not disclose or use the information in the system for any
1800	1800	31 use or purpose except for the enforcement, oversight, and
1801	1801	32 implementation of this article.
1802	1802	33 (4) Require the contract awardee to deliver the functioning
1803	1803	34 system within one hundred twenty (120) days after award of
1804	1804	35 the contract.
1805	1805	36 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
1806	1806	37 implement this chapter.
1807	1807	38 Chapter 18. Safety Compliance Facility Permit
1808	1808	39 Sec. 1. The commission may issue a cannabis safety compliance
1809	1809	40 facility permit to a person who desires to test cannabis and
1810	1810	41 cannabis products for transfer, sale, and consumption in Indiana.
1811	1811	42 Sec. 2. A person who has a direct or indirect ownership interest
1812	1812	2023 IN 308—LS 7125/DI 106 43
1813	1813	1 in a grower, processor, transport, or retailer permit may not have
1814	1814	2 a direct or indirect ownership interest in a safety compliance
1815	1815	3 facility or a safety compliance facility permit.
1816	1816	4 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
1817	1817	5 establish a proficiency testing program and designate safety
1818	1818	6 compliance facility participation, that, at a minimum, comply with
1819	1819	7 reasonable and customary industry standards.
1820	1820	8 Sec. 4. (a) A safety compliance facility to which a permit has
1821	1821	9 been issued under this chapter may deposit that permit with the
1822	1822	10 commission for a period of one (1) year if the permittee is unable
1823	1823	11 to immediately operate the facility.
1824	1824	12 (b) If a permittee is unable to use the permit issued under this
1825	1825	13 article within one (1) year, the permit is forfeited to the
1826	1826	14 commission.
1827	1827	15 Sec. 5. (a) A safety compliance facility must test samples as
1828	1828	16 provided in this chapter and pursuant to rules adopted by the
1829	1829	17 commission.
1830	1830	18 (b) A safety compliance facility shall collect samples of cannabis
1831	1831	19 and cannabis products from another cannabis permittee. Every
1832	1832	20 cannabis permittee shall permit and assist the safety compliance
1833	1833	21 facility in the collection of samples for testing.
1834	1834	22 (c) The safety compliance facility shall take a physical sample of
1835	1835	23 the cannabis product from another cannabis permittee to be tested
1836	1836	24 at the safety compliance facility.
1837	1837	25 (d) The safety compliance facility must develop a statistically
1838	1838	26 valid sampling method to collect a representative sample from each
1839	1839	27 batch of cannabis product.
1840	1840	28 Sec. 6. (a) A safety compliance facility must comply with all the
1841	1841	29 following:
1842	1842	30 (1) The safety compliance facility shall ensure that samples of
1843	1843	31 the cannabis product are identified in the statewide
1844	1844	32 monitoring system and placed in secured, sealed containers
1845	1845	33 that bear the labeling required under the rules.
1846	1846	34 (2) A carrier's route plan and manifest that have been
1847	1847	35 transmitted to the facility must be entered into the statewide
1848	1848	36 monitoring system.
1849	1849	37 (3) The cannabis or cannabis product must be transported in
1850	1850	38 one (1) or more sealed containers and not be accessible while
1851	1851	39 in transit.
1852	1852	40 (4) The vehicle a safety compliance facility uses to transport
1853	1853	41 samples of cannabis or cannabis products may not bear
1854	1854	42 markings or other indication that it is carrying cannabis or a
1855	1855	2023 IN 308—LS 7125/DI 106 44
1856	1856	1 cannabis product.
1857	1857	2 (b) Except as otherwise required by the commission, the safety
1858	1858	3 compliance facility shall collect a sample size that is:
1859	1859	4 (1) sufficient to complete all required analyses; and
1860	1860	5 (2) not less than one-half percent (0.5%) of the weight of the
1861	1861	6 harvest batch.
1862	1862	7 (c) At least fifty percent (50%) of the sample taken must be
1863	1863	8 homogenized for testing.
1864	1864	9 (d) The safety compliance facility shall report all testing results
1865	1865	10 to the commission on a quarterly basis, including the rate of
1866	1866	11 failure.
1867	1867	12 Sec. 7. A safety compliance facility must do all of the following:
1868	1868	13 (1) Become fully accredited to the International Organization
1869	1869	14 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
1870	1870	15 ILAC recognized accreditation body or by an entity approved
1871	1871	16 by the commission within one (1) year after the date the
1872	1872	17 permit is issued, and agree to have the inspections and reports
1873	1873	18 of the ISO made available to the commission.
1874	1874	19 (2) Maintain internal standard operating procedures.
1875	1875	20 (3) Maintain a quality control and quality assurance program.
1876	1876	21 Sec. 8. The commission may publish sample sizes for other
1877	1877	22 cannabis products being tested.
1878	1878	23 Sec. 9. A cannabis permittee must allow the safety compliance
1879	1879	24 facility to have access to its entire batch for the purposes of
1880	1880	25 sampling.
1881	1881	26 Sec. 10. (a) An employee of the cannabis permittee from which
1882	1882	27 the cannabis product test samples are being taken shall be
1883	1883	28 physically present to observe the safety compliance facility
1884	1884	29 employee collect the samples of cannabis or cannabis product for
1885	1885	30 testing. The employee shall ensure that the correct sample
1886	1886	31 increments are taken from throughout the batch.
1887	1887	32 (b) An employee of a cannabis permittee may not:
1888	1888	33 (1) be directly involved in the testing performed by the safety
1889	1889	34 compliance facility employee; or
1890	1890	35 (2) touch the cannabis or cannabis product or the sampling
1891	1891	36 equipment while the safety compliance facility employee is
1892	1892	37 obtaining the sample.
1893	1893	38 Sec. 11. (a) After samples have been selected, both the employee
1894	1894	39 of the cannabis permittee and the employee of the safety
1895	1895	40 compliance facility shall sign and date a chain of custody form,
1896	1896	41 attesting to the accuracy of the following sample information:
1897	1897	42 (1) The name of the cannabis product.
1898	1898	2023 IN 308—LS 7125/DI 106 45
1899	1899	1 (2) The weight of cannabis or cannabis product.
1900	1900	2 (3) That all cannabis and cannabis products and samples are
1901	1901	3 correctly identified in the statewide monitoring system.
1902	1902	4 (4) If the product test sample is obtained for a retest, the
1903	1903	5 safety compliance facility confirms that it is not accepting a
1904	1904	6 product test sample that is prohibited from being retested.
1905	1905	7 (b) The cannabis permittee shall enter in the statewide
1906	1906	8 monitoring system the cannabis or cannabis product test sample
1907	1907	9 that is collected by a permitted safety compliance facility, including
1908	1908	10 the date and time the cannabis or cannabis product is collected and
1909	1909	11 transferred. The safety compliance facility shall enter into the
1910	1910	12 statewide monitoring system the test results within three (3)
1911	1911	13 business days of test completion.
1912	1912	14 (c) If a testing sample is collected from a cannabis permittee for
1913	1913	15 testing in the statewide monitoring system, that cannabis permittee
1914	1914	16 shall quarantine the cannabis product that is undergoing the
1915	1915	17 testing from any other cannabis products at the cannabis permittee
1916	1916	18 location. The quarantined cannabis product must not be packaged,
1917	1917	19 transferred, or sold until passing test results are entered into the
1918	1918	20 statewide monitoring system.
1919	1919	21 (d) A safety compliance facility may collect additional sample
1920	1920	22 material from the same permittee from which the original sample
1921	1921	23 was collected for the purposes of completing the required safety
1922	1922	24 tests as long as the requirements of this chapter are met.
1923	1923	25 (e) The commission may publish guidance that shall be followed
1924	1924	26 by cannabis permittees for chain of custody documentation.
1925	1925	27 Sec. 12. A safety compliance facility shall use analytical testing
1926	1926	28 methodologies for the required quality assurance tests under this
1927	1927	29 chapter that are validated. The tests may be monitored on an
1928	1928	30 ongoing basis by the commission. The facility's methodology must
1929	1929	31 follow one (1) of the following:
1930	1930	32 (1) The most current version of the Cannabis Inflorescence:
1931	1931	33 Standards of Identity, Analysis, and Quality Control
1932	1932	34 monograph published by the American Herbal
1933	1933	35 Pharmacopoeia.
1934	1934	36 (2) An alternative testing methodology approved by the
1935	1935	37 commission and validated by an independent third party that
1936	1936	38 the methodology followed by the safety compliance facility
1937	1937	39 produces scientifically accurate results as quality assurance
1938	1938	40 for each test it conducts.
1939	1939	41 Sec. 13. A safety compliance facility shall conduct quality
1940	1940	42 assurance tests that test for all of the following:
1941	1941	2023 IN 308—LS 7125/DI 106 46
1942	1942	1 (1) Moisture content.
1943	1943	2 (2) Potency analysis.
1944	1944	3 (3) Tetrahydrocannabinol level.
1945	1945	4 (4) Tetrahydrocannabinol acid level.
1946	1946	5 (5) Cannabidiol and cannabidiol acid levels.
1947	1947	6 (6) Foreign matter inspection.
1948	1948	7 (7) Microbial and mycotoxin screening.
1949	1949	8 (8) Pesticides.
1950	1950	9 (9) Chemical residue.
1951	1951	10 (10) Fungicides.
1952	1952	11 (11) Insecticides.
1953	1953	12 (12) Metals screening.
1954	1954	13 (13) Residual solvents levels.
1955	1955	14 (14) Terpene analysis.
1956	1956	15 (15) Water activity content.
1957	1957	16 Sec. 14. The commission, in consultation with the state seed
1958	1958	17 commissioner and the department of agriculture, shall publish a
1959	1959	18 list of approved pesticides for use in the growing and production of
1960	1960	19 cannabis and cannabis products to be sold or transferred in
1961	1961	20 Indiana.
1962	1962	21 Sec. 15. The commission shall take immediate disciplinary
1963	1963	22 action against any safety compliance facility that fails to comply
1964	1964	23 with the provisions of this article or falsifies records related to this
1965	1965	24 article, including any sanctions or fines, or both.
1966	1966	25 Sec. 16. A safety compliance facility is prohibited from doing
1967	1967	26 any of the following:
1968	1968	27 (1) Desiccating samples.
1969	1969	28 (2) Dry labeling samples.
1970	1970	29 (3) Pretesting samples.
1971	1971	30 Sec. 17. A safety compliance facility shall comply with random
1972	1972	31 quality assurance compliance checks upon the request of the
1973	1973	32 commission. The commission or its authorized agents may collect
1974	1974	33 a random sample of cannabis or cannabis product from a safety
1975	1975	34 compliance facility or designate another safety compliance facility
1976	1976	35 to collect a random sample of cannabis product in a secure manner
1977	1977	36 to test that sample for quality assurance compliance pursuant to
1978	1978	37 this rule.
1979	1979	38 Sec. 18. (a) A safety compliance facility may retest cannabis or
1980	1980	39 cannabis products that have failed initial safety testing, except as
1981	1981	40 indicated under subsection (c).
1982	1982	41 (b) A failed cannabis product must pass two (2) separate retests
1983	1983	42 with new samples consecutively to be eligible to proceed to sale or
1984	1984	2023 IN 308—LS 7125/DI 106 47
1985	1985	1 transfer.
1986	1986	2 (c) The commission may publish a remediation protocol that
1987	1987	3 addresses, among other things, the sale or transfer of cannabis
1988	1988	4 product after a failed safety test.
1989	1989	5 (d) The cannabis permittee that provided the sample is
1990	1990	6 responsible for all costs involved in a retest.
1991	1991	7 Sec. 19. (a) As used in this section, "research and development
1992	1992	8 testing" means optional testing performed before final compliance
1993	1993	9 testing.
1994	1994	10 (b) The commission may not take punitive action against a
1995	1995	11 cannabis permittee for conducting research and development
1996	1996	12 testing.
1997	1997	13 (c) The commission may adopt rules or publish guidance for
1998	1998	14 research and development testing.
1999	1999	15 (d) A permittee conducting research and development testing
2000	2000	16 must enter the testing and any other information required by the
2001	2001	17 commission into the statewide monitoring system.
2002	2002	18 Chapter 19. Violations
2003	2003	19 Sec. 1. If a permit holder violates this article, the permit holder
2004	2004	20 may be publicly reprimanded, assessed a civil penalty, or have the
2005	2005	21 permit revoked or suspended.
2006	2006	22 Sec. 2. (a) The commission may assess a civil penalty for a
2007	2007	23 violation of this article in an amount that does not exceed fifty
2008	2008	24 thousand dollars ($50,000). A civil penalty may be assessed in
2009	2009	25 addition to other penalties allowed under this article.
2010	2010	26 (b) A civil penalty assessed under this section shall be deposited
2011	2011	27 in the cannabis regulation fund established by IC 7.1-8-2-10.
2012	2012	28 Sec. 3. A person who recklessly, knowingly, or intentionally
2013	2013	29 provides cannabis or cannabis products to a person less than
2014	2014	30 twenty-one (21) years of age commits a Class B misdemeanor.
2015	2015	31 However, the offense is:
2016	2016	32 (1) a Class A misdemeanor if the person has a prior unrelated
2017	2017	33 conviction under this section; and
2018	2018	34 (2) a Level 6 felony if the use of the cannabis or cannabis
2019	2019	35 products is the proximate cause of the serious bodily injury or
2020	2020	36 death of any person.
2021	2021	37 Sec. 4. (a) A person who knowingly or intentionally:
2022	2022	38 (1) rents property; or
2023	2023	39 (2) provides or arranges for the use of property;
2024	2024	40 for the purpose of allowing or enabling a person less than
2025	2025	41 twenty-one (21) years of age to use cannabis or cannabis products
2026	2026	42 on the property commits a Class C infraction. However, the
2027	2027	2023 IN 308—LS 7125/DI 106 48
2028	2028	1 violation is a Class B misdemeanor if the person has a prior
2029	2029	2 unrelated adjudication or conviction for a violation of this section
2030	2030	3 within the previous five (5) years.
2031	2031	4 (b) This section may not be construed to impose civil or criminal
2032	2032	5 liability upon any postsecondary educational institution, including
2033	2033	6 public and private universities and colleges, business schools,
2034	2034	7 vocational schools, and schools for continuing education, or its
2035	2035	8 agents for injury to any person or property sustained in
2036	2036	9 consequence of a violation of this section unless the institution or
2037	2037	10 its agent:
2038	2038	11 (1) sells, barters, exchanges, provides, or furnishes cannabis
2039	2039	12 or cannabis products to a person less than twenty-one (21)
2040	2040	13 years of age; or
2041	2041	14 (2) either:
2042	2042	15 (A) rents property; or
2043	2043	16 (B) provides or arranges for the use of property;
2044	2044	17 for the purpose of allowing or enabling a person less than
2045	2045	18 twenty-one (21) years of age to consume cannabis or cannabis
2046	2046	19 products on the property.
2047	2047	20 Sec. 5. (a) It is a Class C infraction for a person less than
2048	2048	21 twenty-one (21) years of age to enter the premises of a cannabis
2049	2049	22 retailer or other location where cannabis or cannabis products are
2050	2050	23 provided.
2051	2051	24 (b) It is a Class C infraction for a parent, guardian, trustee, or
2052	2052	25 other person having custody of a child less than eighteen (18) years
2053	2053	26 of age to take that child into a cannabis retailer or other location
2054	2054	27 where cannabis or cannabis products are provided.
2055	2055	28 (c) It is a Class C infraction for a permittee to permit the parent,
2056	2056	29 guardian, trustee, or other person having custody of a child less
2057	2057	30 than eighteen (18) years of age to be with the child in a cannabis
2058	2058	31 retailer or other location where cannabis or cannabis products are
2059	2059	32 provided.
2060	2060	33 Sec. 6. A person who knowingly or intentionally employs a
2061	2061	34 person less than twenty-one (21) years of age:
2062	2062	35 (1) where cannabis or cannabis products are provided; and
2063	2063	36 (2) in a capacity which requires or allows the person less than
2064	2064	37 twenty-one (21) years of age to provide or otherwise deal in
2065	2065	38 cannabis or cannabis products;
2066	2066	39 commits a Class B misdemeanor.
2067	2067	40 Sec. 7. A person who is at least twenty-one (21) years of age who
2068	2068	41 knowingly or intentionally aids, induces, or causes a person less
2069	2069	42 than twenty-one (21) years of age to unlawfully possess cannabis or
2070	2070	2023 IN 308—LS 7125/DI 106 49
2071	2071	1 cannabis products commits a Class C infraction.
2072	2072	2 Sec. 8. (a) Notwithstanding any other law, an enforcement
2073	2073	3 officer with police powers may engage a person who is:
2074	2074	4 (1) at least eighteen (18) years of age; and
2075	2075	5 (2) less than twenty-one (21) years of age;
2076	2076	6 to receive or purchase cannabis or cannabis products as part of an
2077	2077	7 enforcement action under this article.
2078	2078	8 (b) The initial or contemporaneous receipt or purchase of
2079	2079	9 cannabis or cannabis products under this section by a person
2080	2080	10 described in subsection (a) must:
2081	2081	11 (1) occur under the direction of an enforcement officer vested
2082	2082	12 with full police powers and duties; and
2083	2083	13 (2) be a part of the enforcement action.
2084	2084	14 Chapter 20. Professional Services
2085	2085	15 Sec. 1. A person licensed under IC 25 does not commit a crime
2086	2086	16 or an infraction under Indiana law solely for providing
2087	2087	17 professional services to persons permitted to engage in an activity
2088	2088	18 authorized by this article.
2089	2089	19 Chapter 21. Employment
2090	2090	20 Sec. 1. Nothing in this article prohibits an employer from
2091	2091	21 mandating drug screening for employees or from taking an adverse
2092	2092	22 employment action against an employee who tests positive for
2093	2093	23 cannabis use.
2094	2094	24 SECTION 5. IC 10-10.5-1-3, AS AMENDED BY P.L.64-2022,
2095	2095	25 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2096	2096	26 JULY 1, 2023]: Sec. 3. "Law enforcement officer" means any of the
2097	2097	27 following:
2098	2098	28 (1) A state police officer, enforcement officer of the alcohol and
2099	2099	29 tobacco commission, enforcement officer of the cannabis
2100	2100	30 commission, or conservation officer.
2101	2101	31 (2) A county, city, town, or tribal police officer.
2102	2102	32 (3) A police officer appointed by a state educational institution
2103	2103	33 under IC 21-39-4 or school corporation under IC 20-26-16.
2104	2104	34 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
2105	2105	35 under IC 4-33-20.
2106	2106	36 SECTION 6. IC 10-13-8-5, AS AMENDED BY P.L.64-2022,
2107	2107	37 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2108	2108	38 JULY 1, 2023]: Sec. 5. As used in this chapter, "law enforcement
2109	2109	39 officer" means any of the following:
2110	2110	40 (1) A state police officer.
2111	2111	41 (2) A county sheriff.
2112	2112	42 (3) A county police officer.
2113	2113	2023 IN 308—LS 7125/DI 106 50
2114	2114	1 (4) A correctional officer.
2115	2115	2 (5) An excise police officer, including an enforcement officer
2116	2116	3 of the cannabis commission.
2117	2117	4 (6) A county police reserve officer.
2118	2118	5 (7) A city police officer.
2119	2119	6 (8) A city police reserve officer.
2120	2120	7 (9) A conservation enforcement officer.
2121	2121	8 (10) A town marshal.
2122	2122	9 (11) A deputy town marshal.
2123	2123	10 (12) A probation officer.
2124	2124	11 (13) A state educational institution police officer appointed under
2125	2125	12 IC 21-39-4.
2126	2126	13 (14) A gaming agent of the Indiana gaming commission.
2127	2127	14 (15) A person employed by a political subdivision (as defined in
2128	2128	15 IC 36-1-2-13) and appointed as a special deputy under
2129	2129	16 IC 36-8-10-10.6.
2130	2130	17 (16) A school corporation police officer appointed under
2131	2131	18 IC 20-26-16.
2132	2132	19 (17) A police officer of a public or private postsecondary
2133	2133	20 educational institution whose board of trustees has established a
2134	2134	21 police department under IC 21-17-5-2 or IC 21-39-4-2.
2135	2135	22 (18) A tribal police officer.
2136	2136	23 SECTION 7. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
2137	2137	24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2138	2138	25 JULY 1, 2023]: Sec. 3. As used in this chapter, "drug dealing offense"
2139	2139	26 means one (1) or more of the following offenses:
2140	2140	27 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
2141	2141	28 the person received only minimal consideration as a result of the
2142	2142	29 drug transaction.
2143	2143	30 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
2144	2144	31 person received only minimal consideration as a result of the drug
2145	2145	32 transaction.
2146	2146	33 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
2147	2147	34 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
2148	2148	35 only minimal consideration as a result of the drug transaction.
2149	2149	36 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
2150	2150	37 cannabinoid or possession of mislabeled low THC hemp
2151	2151	38 extract (IC 35-48-4-10) unless the person received only minimal
2152	2152	39 consideration as a result of the drug transaction.
2153	2153	40 SECTION 8. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
2154	2154	41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2155	2155	42 JULY 1, 2023]: Sec. 14. (a) A person holding a certificate or license
2156	2156	2023 IN 308—LS 7125/DI 106 51
2157	2157	1 issued under this article must comply with the applicable standards and
2158	2158	2 rules established under this article. A certificate holder or license
2159	2159	3 holder is subject to disciplinary sanctions under subsection (b) if the
2160	2160	4 department of homeland security determines that the certificate holder
2161	2161	5 or license holder:
2162	2162	6 (1) engaged in or knowingly cooperated in fraud or material
2163	2163	7 deception in order to obtain a certificate or license, including
2164	2164	8 cheating on a certification or licensure examination;
2165	2165	9 (2) engaged in fraud or material deception in the course of
2166	2166	10 professional services or activities;
2167	2167	11 (3) advertised services or goods in a false or misleading manner;
2168	2168	12 (4) falsified or knowingly allowed another person to falsify
2169	2169	13 attendance records or certificates of completion of continuing
2170	2170	14 education courses required under this article or rules adopted
2171	2171	15 under this article;
2172	2172	16 (5) is convicted of a crime, if the act that resulted in the
2173	2173	17 conviction has a direct bearing on determining if the certificate
2174	2174	18 holder or license holder should be entrusted to provide emergency
2175	2175	19 medical services;
2176	2176	20 (6) is convicted of violating IC 9-19-14.5;
2177	2177	21 (7) fails to comply and maintain compliance with or violates any
2178	2178	22 applicable provision, standard, or other requirement of this article
2179	2179	23 or rules adopted under this article;
2180	2180	24 (8) continues to practice if the certificate holder or license holder
2181	2181	25 becomes unfit to practice due to:
2182	2182	26 (A) professional incompetence that includes the undertaking
2183	2183	27 of professional activities that the certificate holder or license
2184	2184	28 holder is not qualified by training or experience to undertake;
2185	2185	29 (B) failure to keep abreast of current professional theory or
2186	2186	30 practice;
2187	2187	31 (C) physical or mental disability; or
2188	2188	32 (D) addiction to, abuse of, or dependency on alcohol or other
2189	2189	33 drugs that endanger the public by impairing the certificate
2190	2190	34 holder's or license holder's ability to practice safely;
2191	2191	35 (9) engages in a course of lewd or immoral conduct in connection
2192	2192	36 with the delivery of services to the public;
2193	2193	37 (10) allows the certificate holder's or license holder's name or a
2194	2194	38 certificate or license issued under this article to be used in
2195	2195	39 connection with a person who renders services beyond the scope
2196	2196	40 of that person's training, experience, or competence;
2197	2197	41 (11) is subjected to disciplinary action in another state or
2198	2198	42 jurisdiction on grounds similar to those contained in this chapter.
2199	2199	2023 IN 308—LS 7125/DI 106 52
2200	2200	1 For purposes of this subdivision, a certified copy of a record of
2201	2201	2 disciplinary action constitutes prima facie evidence of a
2202	2202	3 disciplinary action in another jurisdiction;
2203	2203	4 (12) assists another person in committing an act that would
2204	2204	5 constitute a ground for disciplinary sanction under this chapter;
2205	2205	6 (13) allows a certificate or license issued by the commission to
2206	2206	7 be:
2207	2207	8 (A) used by another person; or
2208	2208	9 (B) displayed to the public when the certificate or license is
2209	2209	10 expired, inactive, invalid, revoked, or suspended; or
2210	2210	11 (14) fails to notify the department in writing of any misdemeanor
2211	2211	12 or felony criminal conviction, except traffic related misdemeanors
2212	2212	13 other than operating a motor vehicle under the influence of a drug
2213	2213	14 or alcohol, within ninety (90) days after the entry of an order or
2214	2214	15 judgment. A certified copy of the order or judgment with a letter
2215	2215	16 of explanation must be submitted to the department along with the
2216	2216	17 written notice.
2217	2217	18 (b) The department of homeland security may issue an order under
2218	2218	19 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
2219	2219	20 the department of homeland security determines that a certificate
2220	2220	21 holder or license holder is subject to disciplinary sanctions under
2221	2221	22 subsection (a):
2222	2222	23 (1) Revocation of a certificate holder's certificate or license
2223	2223	24 holder's license for a period not to exceed seven (7) years.
2224	2224	25 (2) Suspension of a certificate holder's certificate or license
2225	2225	26 holder's license for a period not to exceed seven (7) years.
2226	2226	27 (3) Censure of a certificate holder or license holder.
2227	2227	28 (4) Issuance of a letter of reprimand.
2228	2228	29 (5) Assessment of a civil penalty against the certificate holder or
2229	2229	30 license holder in accordance with the following:
2230	2230	31 (A) The civil penalty may not exceed five hundred dollars
2231	2231	32 ($500) per day per violation.
2232	2232	33 (B) If the certificate holder or license holder fails to pay the
2233	2233	34 civil penalty within the time specified by the department of
2234	2234	35 homeland security, the department of homeland security may
2235	2235	36 suspend the certificate holder's certificate or license holder's
2236	2236	37 license without additional proceedings.
2237	2237	38 (6) Placement of a certificate holder or license holder on
2238	2238	39 probation status and requirement of the certificate holder or
2239	2239	40 license holder to:
2240	2240	41 (A) report regularly to the department of homeland security
2241	2241	42 upon the matters that are the basis of probation;
2242	2242	2023 IN 308—LS 7125/DI 106 53
2243	2243	1 (B) limit practice to those areas prescribed by the department
2244	2244	2 of homeland security;
2245	2245	3 (C) continue or renew professional education approved by the
2246	2246	4 department of homeland security until a satisfactory degree of
2247	2247	5 skill has been attained in those areas that are the basis of the
2248	2248	6 probation; or
2249	2249	7 (D) perform or refrain from performing any acts, including
2250	2250	8 community restitution or service without compensation, that
2251	2251	9 the department of homeland security considers appropriate to
2252	2252	10 the public interest or to the rehabilitation or treatment of the
2253	2253	11 certificate holder or license holder.
2254	2254	12 The department of homeland security may withdraw or modify
2255	2255	13 this probation if the department of homeland security finds after
2256	2256	14 a hearing that the deficiency that required disciplinary action is
2257	2257	15 remedied or that changed circumstances warrant a modification
2258	2258	16 of the order.
2259	2259	17 (c) If an applicant or a certificate holder or license holder has
2260	2260	18 engaged in or knowingly cooperated in fraud or material deception to
2261	2261	19 obtain a certificate or license, including cheating on the certification or
2262	2262	20 licensure examination, the department of homeland security may
2263	2263	21 rescind the certificate or license if it has been granted, void the
2264	2264	22 examination or other fraudulent or deceptive material, and prohibit the
2265	2265	23 applicant from reapplying for the certificate or license for a length of
2266	2266	24 time established by the department of homeland security.
2267	2267	25 (d) The department of homeland security may deny certification or
2268	2268	26 licensure to an applicant who would be subject to disciplinary sanctions
2269	2269	27 under subsection (b) if that person were a certificate holder or license
2270	2270	28 holder, has had disciplinary action taken against the applicant or the
2271	2271	29 applicant's certificate or license to practice in another state or
2272	2272	30 jurisdiction, or has practiced without a certificate or license in violation
2273	2273	31 of the law. A certified copy of the record of disciplinary action is
2274	2274	32 conclusive evidence of the other jurisdiction's disciplinary action.
2275	2275	33 (e) The department of homeland security may order a certificate
2276	2276	34 holder or license holder to submit to a reasonable physical or mental
2277	2277	35 examination if the certificate holder's or license holder's physical or
2278	2278	36 mental capacity to practice safely and competently is at issue in a
2279	2279	37 disciplinary proceeding. Failure to comply with a department of
2280	2280	38 homeland security order to submit to a physical or mental examination
2281	2281	39 makes a certificate holder or license holder liable to temporary
2282	2282	40 suspension under subsection (i).
2283	2283	41 (f) Except as provided under subsection (a), subsection (g), and
2284	2284	42 section 14.5 of this chapter, a certificate or license may not be denied,
2285	2285	2023 IN 308—LS 7125/DI 106 54
2286	2286	1 revoked, or suspended because the applicant, certificate holder, or
2287	2287	2 license holder has been convicted of an offense. The acts from which
2288	2288	3 the applicant's, certificate holder's, or license holder's conviction
2289	2289	4 resulted may be considered as to whether the applicant or certificate
2290	2290	5 holder or license holder should be entrusted to serve the public in a
2291	2291	6 specific capacity.
2292	2292	7 (g) The department of homeland security may deny, suspend, or
2293	2293	8 revoke a certificate or license issued under this article if the individual
2294	2294	9 who holds or is applying for the certificate or license is convicted of
2295	2295	10 any of the following:
2296	2296	11 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2297	2297	12 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2298	2298	13 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2299	2299	14 (4) Fraudulently obtaining a controlled substance under
2300	2300	15 IC 35-48-4-7(c).
2301	2301	16 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2302	2302	17 committed before July 1, 2014) or Level 6 felony (for a crime
2303	2303	18 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2304	2304	19 (6) Dealing in paraphernalia as a Class D felony (for a crime
2305	2305	20 committed before July 1, 2014) or Level 6 felony (for a crime
2306	2306	21 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2307	2307	22 (7) Possession of paraphernalia as a Class D felony (for a crime
2308	2308	23 committed before July 1, 2014) or Level 6 felony (for a crime
2309	2309	24 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2310	2310	25 its amendment on July 1, 2015).
2311	2311	26 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2312	2312	27 D felony (for a crime committed before July 1, 2014) or Level 6
2313	2313	28 felony (for a crime committed after June 30, 2014) under
2314	2314	29 IC 35-48-4-11.
2315	2315	30 (9) A felony offense under IC 35-48-4 involving:
2316	2316	31 (A) possession of a synthetic drug (as defined in
2317	2317	32 IC 35-31.5-2-321);
2318	2318	33 (B) possession of a synthetic drug lookalike substance (as
2319	2319	34 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2320	2320	35 2019)) as a:
2321	2321	36 (i) Class D felony (for a crime committed before July 1,
2322	2322	37 2014); or
2323	2323	38 (ii) Level 6 felony (for a crime committed after June 30,
2324	2324	39 2014);
2325	2325	40 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
2326	2326	41 (C) possession of a controlled substance analog (as defined in
2327	2327	42 IC 35-48-1-9.3).
2328	2328	2023 IN 308—LS 7125/DI 106 55
2329	2329	1 (10) Maintaining a common nuisance under IC 35-48-4-13
2330	2330	2 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2331	2331	3 controlled substance.
2332	2332	4 (11) An offense relating to registration, labeling, and prescription
2333	2333	5 forms under IC 35-48-4-14.
2334	2334	6 (h) A decision of the department of homeland security under
2335	2335	7 subsections (b) through (g) may be appealed to the commission under
2336	2336	8 IC 4-21.5-3-7.
2337	2337	9 (i) The department of homeland security may temporarily suspend
2338	2338	10 a certificate holder's certificate or license holder's license under
2339	2339	11 IC 4-21.5-4 before a final adjudication or during the appeals process if
2340	2340	12 the department of homeland security finds that a certificate holder or
2341	2341	13 license holder would represent a clear and immediate danger to the
2342	2342	14 public's health, safety, or property if the certificate holder or license
2343	2343	15 holder were allowed to continue to practice.
2344	2344	16 (j) On receipt of a complaint or information alleging that a person
2345	2345	17 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
2346	2346	18 or is engaging in a practice that is subject to disciplinary sanctions
2347	2347	19 under this chapter, the department of homeland security must initiate
2348	2348	20 an investigation against the person.
2349	2349	21 (k) The department of homeland security shall conduct a factfinding
2350	2350	22 investigation as the department of homeland security considers proper
2351	2351	23 in relation to the complaint.
2352	2352	24 (l) The department of homeland security may reinstate a certificate
2353	2353	25 or license that has been suspended under this section if the department
2354	2354	26 of homeland security is satisfied that the applicant is able to practice
2355	2355	27 with reasonable skill, competency, and safety to the public. As a
2356	2356	28 condition of reinstatement, the department of homeland security may
2357	2357	29 impose disciplinary or corrective measures authorized under this
2358	2358	30 chapter.
2359	2359	31 (m) The department of homeland security may not reinstate a
2360	2360	32 certificate or license that has been revoked under this chapter.
2361	2361	33 (n) The department of homeland security must be consistent in the
2362	2362	34 application of sanctions authorized in this chapter. Significant
2363	2363	35 departures from prior decisions involving similar conduct must be
2364	2364	36 explained in the department of homeland security's findings or orders.
2365	2365	37 (o) A certificate holder may not surrender the certificate holder's
2366	2366	38 certificate, and a license holder may not surrender the license holder's
2367	2367	39 license, without the written approval of the department of homeland
2368	2368	40 security, and the department of homeland security may impose any
2369	2369	41 conditions appropriate to the surrender or reinstatement of a
2370	2370	42 surrendered certificate or license.
2371	2371	2023 IN 308—LS 7125/DI 106 56
2372	2372	1 (p) For purposes of this section, "certificate holder" means a person
2373	2373	2 who holds:
2374	2374	3 (1) an unlimited certificate;
2375	2375	4 (2) a limited or probationary certificate; or
2376	2376	5 (3) an inactive certificate.
2377	2377	6 (q) For purposes of this section, "license holder" means a person
2378	2378	7 who holds:
2379	2379	8 (1) an unlimited license;
2380	2380	9 (2) a limited or probationary license; or
2381	2381	10 (3) an inactive license.
2382	2382	11 SECTION 9. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
2383	2383	12 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2384	2384	13 JULY 1, 2023]: Sec. 14.5. The department of homeland security may
2385	2385	14 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
2386	2386	15 certification or licensure or permanently revoke a certificate or license
2387	2387	16 under procedures provided by section 14 of this chapter if the
2388	2388	17 individual who holds the certificate or license issued under this title is
2389	2389	18 convicted of any of the following:
2390	2390	19 (1) Dealing in a controlled substance resulting in death under
2391	2391	20 IC 35-42-1-1.5.
2392	2392	21 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2393	2393	22 IC 35-48-4-1.
2394	2394	23 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2395	2395	24 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2396	2396	25 (5) Dealing in a schedule I, II, or III controlled substance under
2397	2397	26 IC 35-48-4-2.
2398	2398	27 (6) Dealing in a schedule IV controlled substance under
2399	2399	28 IC 35-48-4-3.
2400	2400	29 (7) Dealing in a schedule V controlled substance under
2401	2401	30 IC 35-48-4-4.
2402	2402	31 (8) Dealing in a substance represented to be a controlled
2403	2403	32 substance under IC 35-48-4-4.5 (repealed).
2404	2404	33 (9) Knowingly or intentionally manufacturing, advertising,
2405	2405	34 distributing, or possessing with intent to manufacture, advertise,
2406	2406	35 or distribute a substance represented to be a controlled substance
2407	2407	36 under IC 35-48-4-4.6.
2408	2408	37 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2409	2409	38 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2410	2410	39 mislabeled low THC hemp extract as a felony under
2411	2411	40 IC 35-48-4-10.
2412	2412	41 (12) An offense under IC 35-48-4 involving the manufacture or
2413	2413	42 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2414	2414	2023 IN 308—LS 7125/DI 106 57
2415	2415	1 synthetic drug lookalike substance (as defined in
2416	2416	2 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2417	2417	3 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2418	2418	4 substance analog (as defined in IC 35-48-1-9.3), or a substance
2419	2419	5 represented to be a controlled substance (as described in
2420	2420	6 IC 35-48-4-4.6).
2421	2421	7 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
2422	2422	8 SECTION 10. IC 16-42-27-2, AS AMENDED BY P.L.80-2019,
2423	2423	9 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2424	2424	10 JULY 1, 2023]: Sec. 2. (a) A prescriber may, directly or by standing
2425	2425	11 order, prescribe or dispense an overdose intervention drug without
2426	2426	12 examining the individual to whom it may be administered if all of the
2427	2427	13 following conditions are met:
2428	2428	14 (1) The overdose intervention drug is dispensed or prescribed to:
2429	2429	15 (A) a person at risk of experiencing an opioid-related
2430	2430	16 overdose; or
2431	2431	17 (B) a family member, a friend, or any other individual or entity
2432	2432	18 in a position to assist an individual who, there is reason to
2433	2433	19 believe, is at risk of experiencing an opioid-related overdose.
2434	2434	20 (2) The prescriber instructs the individual receiving the overdose
2435	2435	21 intervention drug or prescription to summon emergency services
2436	2436	22 either immediately before or immediately after administering the
2437	2437	23 overdose intervention drug to an individual experiencing an
2438	2438	24 opioid-related overdose.
2439	2439	25 (3) The prescriber provides education and training on drug
2440	2440	26 overdose response and treatment, including the administration of
2441	2441	27 an overdose intervention drug.
2442	2442	28 (4) The prescriber provides drug addiction treatment information
2443	2443	29 and referrals to drug treatment programs, including programs in
2444	2444	30 the local area and programs that offer medication assisted
2445	2445	31 treatment that includes a federal Food and Drug Administration
2446	2446	32 approved long acting, nonaddictive medication for the treatment
2447	2447	33 of opioid or alcohol dependence.
2448	2448	34 (b) A prescriber may provide a prescription of an overdose
2449	2449	35 intervention drug to an individual as a part of the individual's addiction
2450	2450	36 treatment plan.
2451	2451	37 (c) An individual described in subsection (a)(1) may administer an
2452	2452	38 overdose intervention drug to an individual who is suffering from an
2453	2453	39 overdose.
2454	2454	40 (d) An individual described in subsection (a)(1) may not be
2455	2455	41 considered to be practicing medicine without a license in violation of
2456	2456	42 IC 25-22.5-8-2, if the individual, acting in good faith, does the
2457	2457	2023 IN 308—LS 7125/DI 106 58
2458	2458	1 following:
2459	2459	2 (1) Obtains the overdose intervention drug from a prescriber or
2460	2460	3 entity acting under a standing order issued by a prescriber.
2461	2461	4 (2) Administers the overdose intervention drug to an individual
2462	2462	5 who is experiencing an apparent opioid-related overdose.
2463	2463	6 (3) Attempts to summon emergency services either immediately
2464	2464	7 before or immediately after administering the overdose
2465	2465	8 intervention drug.
2466	2466	9 (e) An entity acting under a standing order issued by a prescriber
2467	2467	10 must do the following:
2468	2468	11 (1) Annually register with either the:
2469	2469	12 (A) state department; or
2470	2470	13 (B) local health department in the county where services will
2471	2471	14 be provided by the entity;
2472	2472	15 in a manner prescribed by the state department.
2473	2473	16 (2) Provide education and training on drug overdose response and
2474	2474	17 treatment, including the administration of an overdose
2475	2475	18 intervention drug.
2476	2476	19 (3) Provide drug addiction treatment information and referrals to
2477	2477	20 drug treatment programs, including programs in the local area and
2478	2478	21 programs that offer medication assisted treatment that includes a
2479	2479	22 federal Food and Drug Administration approved long acting,
2480	2480	23 nonaddictive medication for the treatment of opioid or alcohol
2481	2481	24 dependence.
2482	2482	25 (4) Submit an annual report to the state department containing:
2483	2483	26 (A) the number of sales of the overdose intervention drug
2484	2484	27 dispensed;
2485	2485	28 (B) the dates of sale of the overdose intervention drug
2486	2486	29 dispensed; and
2487	2487	30 (C) any additional information requested by the state
2488	2488	31 department.
2489	2489	32 (f) The state department shall ensure that a statewide standing order
2490	2490	33 for the dispensing of an overdose intervention drug in Indiana is issued
2491	2491	34 under this section. The state health commissioner or a designated
2492	2492	35 public health authority who is a licensed prescriber may, as part of the
2493	2493	36 individual's official capacity, issue a statewide standing order that may
2494	2494	37 be used for the dispensing of an overdose intervention drug under this
2495	2495	38 section. The immunity provided in IC 34-13-3-3 applies to an
2496	2496	39 individual described in this subsection.
2497	2497	40 (g) A law enforcement officer may not take an individual into
2498	2498	41 custody based solely on the commission of an offense described in
2499	2499	42 subsection (h), if the law enforcement officer, after making a
2500	2500	2023 IN 308—LS 7125/DI 106 59
2501	2501	1 reasonable determination and considering the facts and surrounding
2502	2502	2 circumstances, reasonably believes that the individual:
2503	2503	3 (1) obtained the overdose intervention drug as described in
2504	2504	4 subsection (a)(1);
2505	2505	5 (2) complied with the provisions in subsection (d);
2506	2506	6 (3) administered an overdose intervention drug to an individual
2507	2507	7 who appeared to be experiencing an opioid-related overdose;
2508	2508	8 (4) provided:
2509	2509	9 (A) the individual's full name; and
2510	2510	10 (B) any other relevant information requested by the law
2511	2511	11 enforcement officer;
2512	2512	12 (5) remained at the scene with the individual who reasonably
2513	2513	13 appeared to be in need of medical assistance until emergency
2514	2514	14 medical assistance arrived;
2515	2515	15 (6) cooperated with emergency medical assistance personnel and
2516	2516	16 law enforcement officers at the scene; and
2517	2517	17 (7) came into contact with law enforcement because the
2518	2518	18 individual requested emergency medical assistance for another
2519	2519	19 individual who appeared to be experiencing an opioid-related
2520	2520	20 overdose.
2521	2521	21 (h) An individual who meets the criteria in subsection (g) is immune
2522	2522	22 from criminal prosecution for the following:
2523	2523	23 (1) IC 35-48-4-6 (possession of cocaine).
2524	2524	24 (2) IC 35-48-4-6.1 (possession of methamphetamine).
2525	2525	25 (3) IC 35-48-4-7 (possession of a controlled substance).
2526	2526	26 (4) IC 35-48-4-8.3 (possession of paraphernalia).
2527	2527	27 (5) IC 35-48-4-11 (possession of marijuana). salvia).
2528	2528	28 (6) An offense under IC 35-48-4 involving possession of a
2529	2529	29 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2530	2530	30 controlled substance analog (as defined in IC 35-48-1-9.3), or
2531	2531	31 possession of a substance represented to be a controlled substance
2532	2532	32 (as described in IC 35-48-4-4.6).
2533	2533	33 SECTION 11. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
2534	2534	34 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2535	2535	35 JULY 1, 2023]: Sec. 8. (a) This section applies when a prosecuting
2536	2536	36 attorney knows that a licensed employee of a public school or a
2537	2537	37 nonpublic school has been convicted of an offense listed in subsection
2538	2538	38 (c). The prosecuting attorney shall immediately give written notice of
2539	2539	39 the conviction to the following:
2540	2540	40 (1) The secretary of education.
2541	2541	41 (2) Except as provided in subdivision (3), the superintendent of
2542	2542	42 the school corporation that employs the licensed employee or the
2543	2543	2023 IN 308—LS 7125/DI 106 60
2544	2544	1 equivalent authority if a nonpublic school employs the licensed
2545	2545	2 employee.
2546	2546	3 (3) The presiding officer of the governing body of the school
2547	2547	4 corporation that employs the licensed employee, if the convicted
2548	2548	5 licensed employee is the superintendent of the school corporation.
2549	2549	6 (b) The superintendent of a school corporation, presiding officer of
2550	2550	7 the governing body, or equivalent authority for a nonpublic school shall
2551	2551	8 immediately notify the secretary of education when the individual
2552	2552	9 knows that a current or former licensed employee of the public school
2553	2553	10 or nonpublic school has been convicted of an offense listed in
2554	2554	11 subsection (c), or when the governing body or equivalent authority for
2555	2555	12 a nonpublic school takes any final action in relation to an employee
2556	2556	13 who engaged in any offense listed in subsection (c).
2557	2557	14 (c) Except as provided in section 8.5 of this chapter, the department
2558	2558	15 shall permanently revoke the license of a person who is known by the
2559	2559	16 department to have been convicted of any of the following:
2560	2560	17 (1) The following felonies:
2561	2561	18 (A) A sex crime under IC 35-42-4 (including criminal deviate
2562	2562	19 conduct (IC 35-42-4-2) (before its repeal)).
2563	2563	20 (B) Kidnapping (IC 35-42-3-2).
2564	2564	21 (C) Criminal confinement (IC 35-42-3-3).
2565	2565	22 (D) Incest (IC 35-46-1-3).
2566	2566	23 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
2567	2567	24 35-48-4-1).
2568	2568	25 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
2569	2569	26 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
2570	2570	27 (H) Dealing in a schedule I, II, or III controlled substance (IC
2571	2571	28 35-48-4-2).
2572	2572	29 (I) Dealing in a schedule IV controlled substance (IC
2573	2573	30 35-48-4-3).
2574	2574	31 (J) Dealing in a schedule V controlled substance (IC
2575	2575	32 35-48-4-4).
2576	2576	33 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
2577	2577	34 (L) Dealing in marijuana, hash oil, hashish, or salvia or
2578	2578	35 mislabeled low THC hemp extract as a felony (IC
2579	2579	36 35-48-4-10).
2580	2580	37 (M) An offense under IC 35-48-4 involving the manufacture
2581	2581	38 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2582	2582	39 synthetic drug lookalike substance (as defined in
2583	2583	40 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2584	2584	41 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
2585	2585	42 controlled substance analog (as defined in IC 35-48-1-9.3), or
2586	2586	2023 IN 308—LS 7125/DI 106 61
2587	2587	1 a substance represented to be a controlled substance (as
2588	2588	2 described in IC 35-48-4-4.6).
2589	2589	3 (N) Homicide (IC 35-42-1).
2590	2590	4 (O) Voluntary manslaughter (IC 35-42-1-3).
2591	2591	5 (P) Reckless homicide (IC 35-42-1-5).
2592	2592	6 (Q) Battery as any of the following:
2593	2593	7 (i) A Class A felony (for a crime committed before July 1,
2594	2594	8 2014) or a Level 2 felony (for a crime committed after June
2595	2595	9 30, 2014).
2596	2596	10 (ii) A Class B felony (for a crime committed before July 1,
2597	2597	11 2014) or a Level 3 felony (for a crime committed after June
2598	2598	12 30, 2014).
2599	2599	13 (iii) A Class C felony (for a crime committed before July 1,
2600	2600	14 2014) or a Level 5 felony (for a crime committed after June
2601	2601	15 30, 2014).
2602	2602	16 (R) Aggravated battery (IC 35-42-2-1.5).
2603	2603	17 (S) Robbery (IC 35-42-5-1).
2604	2604	18 (T) Carjacking (IC 35-42-5-2) (before its repeal).
2605	2605	19 (U) Arson as a Class A felony or Class B felony (for a crime
2606	2606	20 committed before July 1, 2014) or as a Level 2, Level 3, or
2607	2607	21 Level 4 felony (for a crime committed after June 30, 2014) (IC
2608	2608	22 35-43-1-1(a)).
2609	2609	23 (V) Burglary as a Class A felony or Class B felony (for a crime
2610	2610	24 committed before July 1, 2014) or as a Level 1, Level 2, Level
2611	2611	25 3, or Level 4 felony (for a crime committed after June 30,
2612	2612	26 2014) (IC 35-43-2-1).
2613	2613	27 (W) Human trafficking (IC 35-42-3.5).
2614	2614	28 (X) Dealing in a controlled substance resulting in death (IC
2615	2615	29 35-42-1-1.5).
2616	2616	30 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
2617	2617	31 this subsection.
2618	2618	32 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
2619	2619	33 in this subsection.
2620	2620	34 (2) Public indecency (IC 35-45-4-1) committed:
2621	2621	35 (A) after June 30, 2003; or
2622	2622	36 (B) before July 1, 2003, if the person committed the offense
2623	2623	37 by, in a public place:
2624	2624	38 (i) engaging in sexual intercourse or other sexual conduct
2625	2625	39 (as defined in IC 35-31.5-2-221.5);
2626	2626	40 (ii) appearing in a state of nudity with the intent to arouse
2627	2627	41 the sexual desires of the person or another person, or being
2628	2628	42 at least eighteen (18) years of age, with the intent to be seen
2629	2629	2023 IN 308—LS 7125/DI 106 62
2630	2630	1 by a child less than sixteen (16) years of age; or
2631	2631	2 (iii) fondling the person's genitals or the genitals of another
2632	2632	3 person.
2633	2633	4 (d) The department shall permanently revoke the license of a person
2634	2634	5 who is known by the department to have been convicted of a federal
2635	2635	6 offense or an offense in another state that is comparable to a felony or
2636	2636	7 misdemeanor listed in subsection (c).
2637	2637	8 (e) A license may be suspended by the secretary of education as
2638	2638	9 specified in IC 20-28-7.5.
2639	2639	10 (f) The department shall develop a data base of information on
2640	2640	11 school corporation employees who have been reported to the
2641	2641	12 department under this section.
2642	2642	13 (g) Upon receipt of information from the office of judicial
2643	2643	14 administration in accordance with IC 33-24-6-3 concerning persons
2644	2644	15 convicted of an offense listed in subsection (c), the department shall:
2645	2645	16 (1) cross check the information received from the office of
2646	2646	17 judicial administration with information concerning licensed
2647	2647	18 teachers (as defined in IC 20-18-2-22(b)) maintained by the
2648	2648	19 department; and
2649	2649	20 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
2650	2650	21 convicted of an offense described in subsection (c), revoke the
2651	2651	22 licensed teacher's license.
2652	2652	23 SECTION 12. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
2653	2653	24 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2654	2654	25 JULY 1, 2023]: Sec. 16. (a) A practitioner shall comply with the
2655	2655	26 standards established under this licensing program. A practitioner is
2656	2656	27 subject to the exercise of the disciplinary sanctions under subsection
2657	2657	28 (b) if the department finds that a practitioner has:
2658	2658	29 (1) engaged in or knowingly cooperated in fraud or material
2659	2659	30 deception in order to obtain a license to practice, including
2660	2660	31 cheating on a licensing examination;
2661	2661	32 (2) engaged in fraud or material deception in the course of
2662	2662	33 professional services or activities;
2663	2663	34 (3) advertised services or goods in a false or misleading manner;
2664	2664	35 (4) falsified or knowingly allowed another person to falsify
2665	2665	36 attendance records or certificates of completion of continuing
2666	2666	37 education courses provided under this chapter;
2667	2667	38 (5) been convicted of a crime that has a direct bearing on the
2668	2668	39 practitioner's ability to continue to practice competently;
2669	2669	40 (6) knowingly violated a state statute or rule or federal statute or
2670	2670	41 regulation regulating the profession for which the practitioner is
2671	2671	42 licensed;
2672	2672	2023 IN 308—LS 7125/DI 106 63
2673	2673	1 (7) continued to practice although the practitioner has become
2674	2674	2 unfit to practice due to:
2675	2675	3 (A) professional incompetence;
2676	2676	4 (B) failure to keep abreast of current professional theory or
2677	2677	5 practice;
2678	2678	6 (C) physical or mental disability; or
2679	2679	7 (D) addiction to, abuse of, or severe dependency on alcohol or
2680	2680	8 other drugs that endanger the public by impairing a
2681	2681	9 practitioner's ability to practice safely;
2682	2682	10 (8) engaged in a course of lewd or immoral conduct in connection
2683	2683	11 with the delivery of services to the public;
2684	2684	12 (9) allowed the practitioner's name or a license issued under this
2685	2685	13 chapter to be used in connection with an individual or business
2686	2686	14 who renders services beyond the scope of that individual's or
2687	2687	15 business's training, experience, or competence;
2688	2688	16 (10) had disciplinary action taken against the practitioner or the
2689	2689	17 practitioner's license to practice in another state or jurisdiction on
2690	2690	18 grounds similar to those under this chapter;
2691	2691	19 (11) assisted another person in committing an act that would
2692	2692	20 constitute a ground for disciplinary sanction under this chapter;
2693	2693	21 or
2694	2694	22 (12) allowed a license issued by the department to be:
2695	2695	23 (A) used by another person; or
2696	2696	24 (B) displayed to the public when the license has expired, is
2697	2697	25 inactive, is invalid, or has been revoked or suspended.
2698	2698	26 For purposes of subdivision (10), a certified copy of a record of
2699	2699	27 disciplinary action constitutes prima facie evidence of a disciplinary
2700	2700	28 action in another jurisdiction.
2701	2701	29 (b) The department may impose one (1) or more of the following
2702	2702	30 sanctions if the department finds that a practitioner is subject to
2703	2703	31 disciplinary sanctions under subsection (a):
2704	2704	32 (1) Permanent revocation of a practitioner's license.
2705	2705	33 (2) Suspension of a practitioner's license.
2706	2706	34 (3) Censure of a practitioner.
2707	2707	35 (4) Issuance of a letter of reprimand.
2708	2708	36 (5) Assessment of a civil penalty against the practitioner in
2709	2709	37 accordance with the following:
2710	2710	38 (A) The civil penalty may not be more than one thousand
2711	2711	39 dollars ($1,000) for each violation listed in subsection (a),
2712	2712	40 except for a finding of incompetency due to a physical or
2713	2713	41 mental disability.
2714	2714	42 (B) When imposing a civil penalty, the department shall
2715	2715	2023 IN 308—LS 7125/DI 106 64
2716	2716	1 consider a practitioner's ability to pay the amount assessed. If
2717	2717	2 the practitioner fails to pay the civil penalty within the time
2718	2718	3 specified by the department, the department may suspend the
2719	2719	4 practitioner's license without additional proceedings. However,
2720	2720	5 a suspension may not be imposed if the sole basis for the
2721	2721	6 suspension is the practitioner's inability to pay a civil penalty.
2722	2722	7 (6) Placement of a practitioner on probation status and
2723	2723	8 requirement of the practitioner to:
2724	2724	9 (A) report regularly to the department upon the matters that
2725	2725	10 are the basis of probation;
2726	2726	11 (B) limit practice to those areas prescribed by the department;
2727	2727	12 (C) continue or renew professional education approved by the
2728	2728	13 department until a satisfactory degree of skill has been attained
2729	2729	14 in those areas that are the basis of the probation; or
2730	2730	15 (D) perform or refrain from performing any acts, including
2731	2731	16 community restitution or service without compensation, that
2732	2732	17 the department considers appropriate to the public interest or
2733	2733	18 to the rehabilitation or treatment of the practitioner.
2734	2734	19 The department may withdraw or modify this probation if the
2735	2735	20 department finds after a hearing that the deficiency that required
2736	2736	21 disciplinary action has been remedied or that changed
2737	2737	22 circumstances warrant a modification of the order.
2738	2738	23 (c) If an applicant or a practitioner has engaged in or knowingly
2739	2739	24 cooperated in fraud or material deception to obtain a license to
2740	2740	25 practice, including cheating on the licensing examination, the
2741	2741	26 department may rescind the license if it has been granted, void the
2742	2742	27 examination or other fraudulent or deceptive material, and prohibit the
2743	2743	28 applicant from reapplying for the license for a length of time
2744	2744	29 established by the department.
2745	2745	30 (d) The department may deny licensure to an applicant who has had
2746	2746	31 disciplinary action taken against the applicant or the applicant's license
2747	2747	32 to practice in another state or jurisdiction or who has practiced without
2748	2748	33 a license in violation of the law. A certified copy of the record of
2749	2749	34 disciplinary action is conclusive evidence of the other jurisdiction's
2750	2750	35 disciplinary action.
2751	2751	36 (e) The department may order a practitioner to submit to a
2752	2752	37 reasonable physical or mental examination if the practitioner's physical
2753	2753	38 or mental capacity to practice safely and competently is at issue in a
2754	2754	39 disciplinary proceeding. Failure to comply with a department order to
2755	2755	40 submit to a physical or mental examination makes a practitioner liable
2756	2756	41 to temporary suspension under subsection (j).
2757	2757	42 (f) Except as provided under subsection (g) or (h), a license may not
2758	2758	2023 IN 308—LS 7125/DI 106 65
2759	2759	1 be denied, revoked, or suspended because the applicant or holder has
2760	2760	2 been convicted of an offense. The acts from which the applicant's or
2761	2761	3 holder's conviction resulted may, however, be considered as to whether
2762	2762	4 the applicant or holder should be entrusted to serve the public in a
2763	2763	5 specific capacity.
2764	2764	6 (g) The department may deny, suspend, or revoke a license issued
2765	2765	7 under this chapter if the individual who holds the license is convicted
2766	2766	8 of any of the following:
2767	2767	9 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2768	2768	10 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2769	2769	11 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2770	2770	12 (4) Fraudulently obtaining a controlled substance under
2771	2771	13 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
2772	2772	14 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
2773	2773	15 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2774	2774	16 committed before July 1, 2014) or a Level 6 felony (for a crime
2775	2775	17 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2776	2776	18 (6) Dealing in paraphernalia as a Class D felony (for a crime
2777	2777	19 committed before July 1, 2014) or a Level 6 felony (for a crime
2778	2778	20 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2779	2779	21 (7) Possession of paraphernalia as a Class D felony (for a crime
2780	2780	22 committed before July 1, 2014) or a Level 6 felony (for a crime
2781	2781	23 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2782	2782	24 its amendment on July 1, 2015).
2783	2783	25 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2784	2784	26 D felony (for a crime committed before July 1, 2014) or a Level
2785	2785	27 6 felony (for a crime committed after June 30, 2014) under
2786	2786	28 IC 35-48-4-11.
2787	2787	29 (9) A felony offense under IC 35-48-4 involving possession of a
2788	2788	30 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2789	2789	31 controlled substance analog (as defined in IC 35-48-1-9.3), or
2790	2790	32 possession of a synthetic drug lookalike substance (as defined in
2791	2791	33 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
2792	2792	34 (A) Class D felony for a crime committed before July 1, 2014;
2793	2793	35 or
2794	2794	36 (B) Level 6 felony for a crime committed after June 30, 2014;
2795	2795	37 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
2796	2796	38 (10) Maintaining a common nuisance under IC 35-48-4-13
2797	2797	39 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2798	2798	40 controlled substance.
2799	2799	41 (11) An offense relating to registration, labeling, and prescription
2800	2800	42 forms under IC 35-48-4-14.
2801	2801	2023 IN 308—LS 7125/DI 106 66
2802	2802	1 (h) The department shall deny, revoke, or suspend a license issued
2803	2803	2 under this chapter if the individual who holds the license is convicted
2804	2804	3 of any of the following:
2805	2805	4 (1) Dealing in a controlled substance resulting in death under
2806	2806	5 IC 35-42-1-1.5.
2807	2807	6 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
2808	2808	7 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2809	2809	8 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2810	2810	9 (5) Dealing in a schedule I, II, or III controlled substance under
2811	2811	10 IC 35-48-4-2.
2812	2812	11 (6) Dealing in a schedule IV controlled substance under
2813	2813	12 IC 35-48-4-3.
2814	2814	13 (7) Dealing in a schedule V controlled substance under
2815	2815	14 IC 35-48-4-4.
2816	2816	15 (8) Dealing in a substance represented to be a controlled
2817	2817	16 substance under IC 35-48-4-4.5 (repealed).
2818	2818	17 (9) Knowingly or intentionally manufacturing, advertising,
2819	2819	18 distributing, or possessing with intent to manufacture, advertise,
2820	2820	19 or distribute a substance represented to be a controlled substance
2821	2821	20 under IC 35-48-4-4.6.
2822	2822	21 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2823	2823	22 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2824	2824	23 mislabeled low THC hemp extract as a felony under
2825	2825	24 IC 35-48-4-10.
2826	2826	25 (12) An offense under IC 35-48-4 involving the manufacture or
2827	2827	26 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2828	2828	27 synthetic drug lookalike substance (as defined in
2829	2829	28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2830	2830	29 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2831	2831	30 substance analog (as defined in IC 35-48-1-9.3), or a substance
2832	2832	31 represented to be a controlled substance (as described in
2833	2833	32 IC 35-48-4-4.6).
2834	2834	33 (13) A violation of any federal or state drug law or rule related to
2835	2835	34 wholesale legend drug distributors licensed under IC 25-26-14.
2836	2836	35 (i) A decision of the department under subsections (b) through (h)
2837	2837	36 may be appealed to the commission under IC 4-21.5-3-7.
2838	2838	37 (j) The department may temporarily suspend a practitioner's license
2839	2839	38 under IC 4-21.5-4 before a final adjudication or during the appeals
2840	2840	39 process if the department finds that a practitioner represents a clear and
2841	2841	40 immediate danger to the public's health, safety, or property if the
2842	2842	41 practitioner is allowed to continue to practice.
2843	2843	42 (k) On receipt of a complaint or an information alleging that a
2844	2844	2023 IN 308—LS 7125/DI 106 67
2845	2845	1 person licensed under this chapter has engaged in or is engaging in a
2846	2846	2 practice that jeopardizes the public health, safety, or welfare, the
2847	2847	3 department shall initiate an investigation against the person.
2848	2848	4 (l) Any complaint filed with the office of the attorney general
2849	2849	5 alleging a violation of this licensing program shall be referred to the
2850	2850	6 department for summary review and for its general information and any
2851	2851	7 authorized action at the time of the filing.
2852	2852	8 (m) The department shall conduct a fact finding investigation as the
2853	2853	9 department considers proper in relation to the complaint.
2854	2854	10 (n) The department may reinstate a license that has been suspended
2855	2855	11 under this section if, after a hearing, the department is satisfied that the
2856	2856	12 applicant is able to practice with reasonable skill, safety, and
2857	2857	13 competency to the public. As a condition of reinstatement, the
2858	2858	14 department may impose disciplinary or corrective measures authorized
2859	2859	15 under this chapter.
2860	2860	16 (o) The department may not reinstate a license that has been
2861	2861	17 revoked under this chapter. An individual whose license has been
2862	2862	18 revoked under this chapter may not apply for a new license until seven
2863	2863	19 (7) years after the date of revocation.
2864	2864	20 (p) The department shall seek to achieve consistency in the
2865	2865	21 application of sanctions authorized in this chapter. Significant
2866	2866	22 departures from prior decisions involving similar conduct must be
2867	2867	23 explained in the department's findings or orders.
2868	2868	24 (q) A practitioner may petition the department to accept the
2869	2869	25 surrender of the practitioner's license instead of having a hearing before
2870	2870	26 the commission. The practitioner may not surrender the practitioner's
2871	2871	27 license without the written approval of the department, and the
2872	2872	28 department may impose any conditions appropriate to the surrender or
2873	2873	29 reinstatement of a surrendered license.
2874	2874	30 (r) A practitioner who has been subjected to disciplinary sanctions
2875	2875	31 may be required by the commission to pay the costs of the proceeding.
2876	2876	32 The practitioner's ability to pay shall be considered when costs are
2877	2877	33 assessed. If the practitioner fails to pay the costs, a suspension may not
2878	2878	34 be imposed solely upon the practitioner's inability to pay the amount
2879	2879	35 assessed. The costs are limited to costs for the following:
2880	2880	36 (1) Court reporters.
2881	2881	37 (2) Transcripts.
2882	2882	38 (3) Certification of documents.
2883	2883	39 (4) Photo duplication.
2884	2884	40 (5) Witness attendance and mileage fees.
2885	2885	41 (6) Postage.
2886	2886	42 (7) Expert witnesses.
2887	2887	2023 IN 308—LS 7125/DI 106 68
2888	2888	1 (8) Depositions.
2889	2889	2 (9) Notarizations.
2890	2890	3 SECTION 13. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
2891	2891	4 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2892	2892	5 JULY 1, 2023]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
2893	2893	6 commission, or a committee may suspend, deny, or revoke a license or
2894	2894	7 certificate issued under this title by the board, the commission, or the
2895	2895	8 committee without an investigation by the office of the attorney general
2896	2896	9 if the individual who holds the license or certificate is convicted of any
2897	2897	10 of the following and the board, commission, or committee determines,
2898	2898	11 after the individual has appeared in person, that the offense affects the
2899	2899	12 individual's ability to perform the duties of the profession:
2900	2900	13 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2901	2901	14 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2902	2902	15 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2903	2903	16 (4) Fraudulently obtaining a controlled substance under
2904	2904	17 IC 35-48-4-7(c).
2905	2905	18 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2906	2906	19 committed before July 1, 2014) or a Level 6 felony (for a crime
2907	2907	20 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2908	2908	21 (6) Dealing in paraphernalia as a Class D felony (for a crime
2909	2909	22 committed before July 1, 2014) or a Level 6 felony (for a crime
2910	2910	23 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2911	2911	24 (7) Possession of paraphernalia as a Class D felony (for a crime
2912	2912	25 committed before July 1, 2014) or a Level 6 felony (for a crime
2913	2913	26 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2914	2914	27 its amendment on July 1, 2015).
2915	2915	28 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2916	2916	29 D felony (for a crime committed before July 1, 2014) or a Level
2917	2917	30 6 felony (for a crime committed after June 30, 2014) under
2918	2918	31 IC 35-48-4-11.
2919	2919	32 (9) A felony offense under IC 35-48-4 involving possession of a
2920	2920	33 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2921	2921	34 controlled substance analog (as defined in IC 35-48-1-9.3), or
2922	2922	35 possession of a synthetic drug lookalike substance (as defined in
2923	2923	36 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
2924	2924	37 (A) Class D felony for a crime committed before July 1, 2014;
2925	2925	38 or
2926	2926	39 (B) Level 6 felony for a crime committed after June 30, 2014;
2927	2927	40 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
2928	2928	41 (10) Maintaining a common nuisance under IC 35-48-4-13
2929	2929	42 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2930	2930	2023 IN 308—LS 7125/DI 106 69
2931	2931	1 controlled substance.
2932	2932	2 (11) An offense relating to registration, labeling, and prescription
2933	2933	3 forms under IC 35-48-4-14.
2934	2934	4 (12) A sex crime under IC 35-42-4.
2935	2935	5 (13) A felony that reflects adversely on the individual's fitness to
2936	2936	6 hold a professional license.
2937	2937	7 SECTION 14. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
2938	2938	8 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2939	2939	9 JULY 1, 2023]: Sec. 3. A board, a commission, or a committee shall
2940	2940	10 revoke or suspend a license or certificate issued under this title by the
2941	2941	11 board, the commission, or the committee if the individual who holds
2942	2942	12 the license or certificate is convicted of any of the following:
2943	2943	13 (1) Dealing in a controlled substance resulting in death under
2944	2944	14 IC 35-42-1-1.5.
2945	2945	15 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2946	2946	16 IC 35-48-4-1.
2947	2947	17 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2948	2948	18 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2949	2949	19 (5) Dealing in a schedule I, II, or III controlled substance under
2950	2950	20 IC 35-48-4-2.
2951	2951	21 (6) Dealing in a schedule IV controlled substance under
2952	2952	22 IC 35-48-4-3.
2953	2953	23 (7) Dealing in a schedule V controlled substance under
2954	2954	24 IC 35-48-4-4.
2955	2955	25 (8) Dealing in a substance represented to be a controlled
2956	2956	26 substance under IC 35-48-4-4.5 (before its repeal on July 1,
2957	2957	27 2019).
2958	2958	28 (9) Knowingly or intentionally manufacturing, advertising,
2959	2959	29 distributing, or possessing with intent to manufacture, advertise,
2960	2960	30 or distribute a substance represented to be a controlled substance
2961	2961	31 under IC 35-48-4-4.6.
2962	2962	32 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2963	2963	33 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2964	2964	34 mislabeled low THC hemp extract as a felony under
2965	2965	35 IC 35-48-4-10.
2966	2966	36 (12) An offense under IC 35-48-4 involving the manufacture or
2967	2967	37 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2968	2968	38 synthetic drug lookalike substance (as defined in
2969	2969	39 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2970	2970	40 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2971	2971	41 substance analog (as defined in IC 35-48-1-9.3), or a substance
2972	2972	42 represented to be a controlled substance (as described in
2973	2973	2023 IN 308—LS 7125/DI 106 70
2974	2974	1 IC 35-48-4-4.6).
2975	2975	2 (13) A violation of any federal or state drug law or rule related to
2976	2976	3 wholesale legend drug distributors licensed under IC 25-26-14.
2977	2977	4 SECTION 15. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
2978	2978	5 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2979	2979	6 JULY 1, 2023]: Sec. 1. (a) The following may be seized:
2980	2980	7 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
2981	2981	8 or are intended for use by the person or persons in possession of
2982	2982	9 them to transport or in any manner to facilitate the transportation
2983	2983	10 of the following:
2984	2984	11 (A) A controlled substance for the purpose of committing,
2985	2985	12 attempting to commit, or conspiring to commit any of the
2986	2986	13 following:
2987	2987	14 (i) Dealing in or manufacturing cocaine or a narcotic drug
2988	2988	15 (IC 35-48-4-1).
2989	2989	16 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
2990	2990	17 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
2991	2991	18 (iv) Dealing in a schedule I, II, or III controlled substance
2992	2992	19 (IC 35-48-4-2).
2993	2993	20 (v) Dealing in a schedule IV controlled substance (IC
2994	2994	21 35-48-4-3).
2995	2995	22 (vi) Dealing in a schedule V controlled substance (IC
2996	2996	23 35-48-4-4).
2997	2997	24 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
2998	2998	25 (viii) Possession of cocaine or a narcotic drug (IC
2999	2999	26 35-48-4-6).
3000	3000	27 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
3001	3001	28 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
3002	3002	29 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
3003	3003	30 mislabeled low THC hemp extract (IC 35-48-4-10).
3004	3004	31 (xii) An offense under IC 35-48-4 involving a synthetic drug
3005	3005	32 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
3006	3006	33 substance (as defined in IC 35-31.5-2-321.5 (before its
3007	3007	34 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
3008	3008	35 repeal on July 1, 2019), a controlled substance analog (as
3009	3009	36 defined in IC 35-48-1-9.3), or a substance represented to be
3010	3010	37 a controlled substance (as described in IC 35-48-4-4.6).
3011	3011	38 (xiii) A violation of IC 7.1-8.
3012	3012	39 (B) Any stolen (IC 35-43-4-2) or converted property (IC
3013	3013	40 35-43-4-3) if the retail or repurchase value of that property is
3014	3014	41 one hundred dollars ($100) or more.
3015	3015	42 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
3016	3016	2023 IN 308—LS 7125/DI 106 71
3017	3017	1 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
3018	3018	2 mass destruction (as defined in IC 35-31.5-2-354) used to
3019	3019	3 commit, used in an attempt to commit, or used in a conspiracy
3020	3020	4 to commit a felony terrorist offense (as defined in
3021	3021	5 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
3022	3022	6 furtherance of an act of terrorism (as defined by
3023	3023	7 IC 35-31.5-2-329).
3024	3024	8 (2) All money, negotiable instruments, securities, weapons,
3025	3025	9 communications devices, or any property used to commit, used in
3026	3026	10 an attempt to commit, or used in a conspiracy to commit a felony
3027	3027	11 terrorist offense (as defined in IC 35-50-2-18) or an offense under
3028	3028	12 IC 35-47 as part of or in furtherance of an act of terrorism or
3029	3029	13 commonly used as consideration for a violation of IC 35-48-4
3030	3030	14 (other than items subject to forfeiture under IC 16-42-20-5 or
3031	3031	15 IC 16-6-8.5-5.1, before its repeal):
3032	3032	16 (A) furnished or intended to be furnished by any person in
3033	3033	17 exchange for an act that is in violation of a criminal statute;
3034	3034	18 (B) used to facilitate any violation of a criminal statute; or
3035	3035	19 (C) traceable as proceeds of the violation of a criminal statute.
3036	3036	20 (3) Any portion of real or personal property purchased with
3037	3037	21 money that is traceable as a proceed of a violation of a criminal
3038	3038	22 statute.
3039	3039	23 (4) A vehicle that is used by a person to:
3040	3040	24 (A) commit, attempt to commit, or conspire to commit;
3041	3041	25 (B) facilitate the commission of; or
3042	3042	26 (C) escape from the commission of;
3043	3043	27 murder (IC 35-42-1-1), dealing in a controlled substance resulting
3044	3044	28 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
3045	3045	29 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
3046	3046	30 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
3047	3047	31 under IC 35-47 as part of or in furtherance of an act of terrorism.
3048	3048	32 (5) Real property owned by a person who uses it to commit any of
3049	3049	33 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
3050	3050	34 felony:
3051	3051	35 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
3052	3052	36 35-48-4-1).
3053	3053	37 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
3054	3054	38 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
3055	3055	39 (D) Dealing in a schedule I, II, or III controlled substance (IC
3056	3056	40 35-48-4-2).
3057	3057	41 (E) Dealing in a schedule IV controlled substance (IC
3058	3058	42 35-48-4-3).
3059	3059	2023 IN 308—LS 7125/DI 106 72
3060	3060	1 (F) Dealing in marijuana, hash oil, hashish, or salvia or
3061	3061	2 mislabeled low THC hemp extract (IC 35-48-4-10).
3062	3062	3 (G) Dealing in a synthetic drug (as defined in
3063	3063	4 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
3064	3064	5 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
3065	3065	6 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
3066	3066	7 2019).
3067	3067	8 (H) Dealing in a controlled substance resulting in death (IC
3068	3068	9 35-42-1-1.5).
3069	3069	10 (6) Equipment and recordings used by a person to commit fraud
3070	3070	11 under IC 35-43-5.
3071	3071	12 (7) Recordings sold, rented, transported, or possessed by a person
3072	3072	13 in violation of IC 24-4-10.
3073	3073	14 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
3074	3074	15 defined by IC 35-45-6-1) that is the object of a corrupt business
3075	3075	16 influence violation (IC 35-45-6-2).
3076	3076	17 (9) Unlawful telecommunications devices (as defined in
3077	3077	18 IC 35-45-13-6) and plans, instructions, or publications used to
3078	3078	19 commit an offense under IC 35-45-13.
3079	3079	20 (10) Any equipment, including computer equipment and cellular
3080	3080	21 telephones, used for or intended for use in preparing,
3081	3081	22 photographing, recording, videotaping, digitizing, printing,
3082	3082	23 copying, or disseminating matter in violation of IC 35-42-4.
3083	3083	24 (11) Destructive devices used, possessed, transported, or sold in
3084	3084	25 violation of IC 35-47.5.
3085	3085	26 (12) Tobacco products that are sold in violation of IC 24-3-5,
3086	3086	27 tobacco products that a person attempts to sell in violation of
3087	3087	28 IC 24-3-5, and other personal property owned and used by a
3088	3088	29 person to facilitate a violation of IC 24-3-5.
3089	3089	30 (13) Property used by a person to commit counterfeiting or
3090	3090	31 forgery in violation of IC 35-43-5-2.
3091	3091	32 (14) After December 31, 2005, if a person is convicted of an
3092	3092	33 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
3093	3093	34 following real or personal property:
3094	3094	35 (A) Property used or intended to be used to commit, facilitate,
3095	3095	36 or promote the commission of the offense.
3096	3096	37 (B) Property constituting, derived from, or traceable to the
3097	3097	38 gross proceeds that the person obtained directly or indirectly
3098	3098	39 as a result of the offense.
3099	3099	40 (15) Except as provided in subsection (e), a vehicle used by a
3100	3100	41 person who operates the vehicle:
3101	3101	42 (A) while intoxicated, in violation of IC 9-30-5-1 through
3102	3102	2023 IN 308—LS 7125/DI 106 73
3103	3103	1 IC 9-30-5-5, if in the previous five (5) years the person has two
3104	3104	2 (2) or more prior unrelated convictions for operating a motor
3105	3105	3 vehicle while intoxicated in violation of IC 9-30-5-1 through
3106	3106	4 IC 9-30-5-5; or
3107	3107	5 (B) on a highway while the person's driving privileges are
3108	3108	6 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
3109	3109	7 if in the previous five (5) years the person has two (2) or more
3110	3110	8 prior unrelated convictions for operating a vehicle while
3111	3111	9 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
3112	3112	10 If a court orders the seizure of a vehicle under this subdivision,
3113	3113	11 the court shall transmit an order to the bureau of motor vehicles
3114	3114	12 recommending that the bureau not permit a vehicle to be
3115	3115	13 registered in the name of the person whose vehicle was seized
3116	3116	14 until the person possesses a current driving license (as defined in
3117	3117	15 IC 9-13-2-41).
3118	3118	16 (16) Cannabis and cannabis products grown, processed, sold,
3119	3119	17 or offered for sale in violation of IC 7.1-8.
3120	3120	18 (16) (17) The following real or personal property:
3121	3121	19 (A) Property used or intended to be used to commit, facilitate,
3122	3122	20 or promote the commission of an offense specified in
3123	3123	21 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
3124	3124	22 IC 30-2-13-38(f).
3125	3125	23 (B) Property constituting, derived from, or traceable to the
3126	3126	24 gross proceeds that a person obtains directly or indirectly as a
3127	3127	25 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
3128	3128	26 IC 30-2-10-9(b), or IC 30-2-13-38(f).
3129	3129	27 (17) (18) Real or personal property, including a vehicle, that is
3130	3130	28 used by a person to:
3131	3131	29 (A) commit, attempt to commit, or conspire to commit;
3132	3132	30 (B) facilitate the commission of; or
3133	3133	31 (C) escape from the commission of;
3134	3134	32 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
3135	3135	33 trafficking) or IC 35-45-4-4 (promoting prostitution).
3136	3136	34 (b) A vehicle used by any person as a common or contract carrier in
3137	3137	35 the transaction of business as a common or contract carrier is not
3138	3138	36 subject to seizure under this section, unless it can be proven by a
3139	3139	37 preponderance of the evidence that the owner of the vehicle knowingly
3140	3140	38 permitted the vehicle to be used to engage in conduct that subjects it to
3141	3141	39 seizure under subsection (a).
3142	3142	40 (c) Equipment under subsection (a)(10) may not be seized unless it
3143	3143	41 can be proven by a preponderance of the evidence that the owner of the
3144	3144	42 equipment knowingly permitted the equipment to be used to engage in
3145	3145	2023 IN 308—LS 7125/DI 106 74
3146	3146	1 conduct that subjects it to seizure under subsection (a)(10).
3147	3147	2 (d) Money, negotiable instruments, securities, weapons,
3148	3148	3 communications devices, or any property commonly used as
3149	3149	4 consideration for a violation of IC 35-48-4 found near or on a person
3150	3150	5 who is committing, attempting to commit, or conspiring to commit any
3151	3151	6 of the following offenses shall be admitted into evidence in an action
3152	3152	7 under this chapter as prima facie evidence that the money, negotiable
3153	3153	8 instrument, security, or other thing of value is property that has been
3154	3154	9 used or was to have been used to facilitate the violation of a criminal
3155	3155	10 statute or is the proceeds of the violation of a criminal statute:
3156	3156	11 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
3157	3157	12 death).
3158	3158	13 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
3159	3159	14 narcotic drug).
3160	3160	15 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
3161	3161	16 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
3162	3162	17 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
3163	3163	18 substance).
3164	3164	19 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
3165	3165	20 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
3166	3166	21 as a Level 4 felony.
3167	3167	22 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
3168	3168	23 Level 3, Level 4, or Level 5 felony.
3169	3169	24 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
3170	3170	25 3, Level 4, or Level 5 felony.
3171	3171	26 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
3172	3172	27 salvia or mislabeled low THC hemp extract) as a Level 5
3173	3173	28 felony.
3174	3174	29 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
3175	3175	30 in a synthetic drug or synthetic drug lookalike substance) as a
3176	3176	31 Level 5 felony or Level 6 felony (or as a Class C felony or Class
3177	3177	32 D felony under IC 35-48-4-10 before its amendment in 2013).
3178	3178	33 (e) A vehicle operated by a person who is not:
3179	3179	34 (1) an owner of the vehicle; or
3180	3180	35 (2) the spouse of the person who owns the vehicle;
3181	3181	36 is not subject to seizure under subsection (a)(15) unless it can be
3182	3182	37 proven by a preponderance of the evidence that the owner of the
3183	3183	38 vehicle knowingly permitted the vehicle to be used to engage in
3184	3184	39 conduct that subjects it to seizure under subsection (a)(15).
3185	3185	40 SECTION 16. IC 34-30-2.1-73.5 IS ADDED TO THE INDIANA
3186	3186	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
3187	3187	42 [EFFECTIVE JULY 1, 2023]: Sec. 73.5. IC 7.1-8-7-16 (Concerning
3188	3188	2023 IN 308—LS 7125/DI 106 75
3189	3189	1 acts and omissions of the members of the cannabis commission and
3190	3190	2 their officers and employees).
3191	3191	3 SECTION 17. IC 35-31.5-2-185, AS AMENDED BY P.L.64-2022,
3192	3192	4 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3193	3193	5 JULY 1, 2023]: Sec. 185. (a) "Law enforcement officer" means:
3194	3194	6 (1) a police officer (including a tribal police officer and a
3195	3195	7 correctional police officer), sheriff, constable, marshal,
3196	3196	8 prosecuting attorney, special prosecuting attorney, special deputy
3197	3197	9 prosecuting attorney, the securities commissioner, or the inspector
3198	3198	10 general;
3199	3199	11 (2) a deputy of any of those persons;
3200	3200	12 (3) an investigator for a prosecuting attorney or for the inspector
3201	3201	13 general;
3202	3202	14 (4) a conservation officer;
3203	3203	15 (5) an enforcement officer of the alcohol and tobacco commission
3204	3204	16 or of the cannabis commission;
3205	3205	17 (6) an enforcement officer of the securities division of the office
3206	3206	18 of the secretary of state; or
3207	3207	19 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
3208	3208	20 control officer employed by the gaming control division under
3209	3209	21 IC 4-33-20.
3210	3210	22 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
3211	3211	23 includes an alcoholic beverage enforcement officer, as set forth in
3212	3212	24 IC 35-42-2-1.
3213	3213	25 (c) "Law enforcement officer", for purposes of IC 35-45-15,
3214	3214	26 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
3215	3215	27 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
3216	3216	28 IC 35-44.1-3-2, includes a school resource officer (as defined in
3217	3217	29 IC 20-26-18.2-1) and a school corporation police officer appointed
3218	3218	30 under IC 20-26-16.
3219	3219	31 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
3220	3220	32 meaning set forth in IC 35-40.5-1-1.
3221	3221	33 SECTION 18. IC 35-45-6-1, AS AMENDED BY P.L.25-2022,
3222	3222	34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3223	3223	35 JULY 1, 2023]: Sec. 1. (a) The definitions in this section apply
3224	3224	36 throughout this chapter.
3225	3225	37 (b) "Documentary material" means any document, drawing,
3226	3226	38 photograph, recording, or other tangible item containing compiled data
3227	3227	39 from which information can be either obtained or translated into a
3228	3228	40 usable form.
3229	3229	41 (c) "Enterprise" means:
3230	3230	42 (1) a sole proprietorship, corporation, limited liability company,
3231	3231	2023 IN 308—LS 7125/DI 106 76
3232	3232	1 partnership, business trust, or governmental entity; or
3233	3233	2 (2) a union, an association, or a group, whether a legal entity or
3234	3234	3 merely associated in fact.
3235	3235	4 (d) "Pattern of racketeering activity" means engaging in at least two
3236	3236	5 (2) incidents of racketeering activity that have the same or similar
3237	3237	6 intent, result, accomplice, victim, or method of commission, or that are
3238	3238	7 otherwise interrelated by distinguishing characteristics that are not
3239	3239	8 isolated incidents. However, the incidents are a pattern of racketeering
3240	3240	9 activity only if at least one (1) of the incidents occurred after August
3241	3241	10 31, 1980, and if the last of the incidents occurred within five (5) years
3242	3242	11 after a prior incident of racketeering activity.
3243	3243	12 (e) "Racketeering activity" means to commit, to attempt to commit,
3244	3244	13 to conspire to commit a violation of, or aiding and abetting in a
3245	3245	14 violation of any of the following:
3246	3246	15 (1) A provision of IC 23-19, or of a rule or order issued under
3247	3247	16 IC 23-19.
3248	3248	17 (2) A violation of IC 35-45-9.
3249	3249	18 (3) A violation of IC 35-47.
3250	3250	19 (4) A violation of IC 35-49-3.
3251	3251	20 (5) Murder (IC 35-42-1-1).
3252	3252	21 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
3253	3253	22 felony after June 30, 2014 (IC 35-42-2-1).
3254	3254	23 (7) Kidnapping (IC 35-42-3-2).
3255	3255	24 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
3256	3256	25 (9) Child exploitation (IC 35-42-4-4).
3257	3257	26 (10) Robbery (IC 35-42-5-1).
3258	3258	27 (11) Carjacking (IC 35-42-5-2) (before its repeal).
3259	3259	28 (12) Arson (IC 35-43-1-1).
3260	3260	29 (13) Burglary (IC 35-43-2-1).
3261	3261	30 (14) Theft (IC 35-43-4-2).
3262	3262	31 (15) Receiving stolen property (IC 35-43-4-2) (before its
3263	3263	32 amendment on July 1, 2018).
3264	3264	33 (16) Forgery (IC 35-43-5-2).
3265	3265	34 (17) An offense under IC 35-43-5.
3266	3266	35 (18) Bribery (IC 35-44.1-1-2).
3267	3267	36 (19) Official misconduct (IC 35-44.1-1-1).
3268	3268	37 (20) Conflict of interest (IC 35-44.1-1-4).
3269	3269	38 (21) Perjury (IC 35-44.1-2-1).
3270	3270	39 (22) Obstruction of justice (IC 35-44.1-2-2).
3271	3271	40 (23) Intimidation (IC 35-45-2-1).
3272	3272	41 (24) Promoting prostitution (IC 35-45-4-4).
3273	3273	42 (25) Professional gambling (IC 35-45-5-3).
3274	3274	2023 IN 308—LS 7125/DI 106 77
3275	3275	1 (26) Maintaining a professional gambling site (IC
3276	3276	2 35-45-5-3.5(b)).
3277	3277	3 (27) Promoting professional gambling (IC 35-45-5-4).
3278	3278	4 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
3279	3279	5 35-48-4-1).
3280	3280	6 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
3281	3281	7 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
3282	3282	8 (31) Dealing in a schedule I, II, or III controlled substance (IC
3283	3283	9 35-48-4-2).
3284	3284	10 (32) Dealing in a schedule IV controlled substance (IC
3285	3285	11 35-48-4-3).
3286	3286	12 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
3287	3287	13 (34) Dealing in marijuana, hash oil, hashish, or salvia or
3288	3288	14 mislabeled low THC hemp extract (IC 35-48-4-10).
3289	3289	15 (35) Money laundering (IC 35-45-15-5).
3290	3290	16 (36) A violation of IC 35-47.5-5.
3291	3291	17 (37) A violation of any of the following:
3292	3292	18 (A) IC 23-14-48-9.
3293	3293	19 (B) IC 30-2-9-7(b).
3294	3294	20 (C) IC 30-2-10-9(b).
3295	3295	21 (D) IC 30-2-13-38(f).
3296	3296	22 (38) Practice of law by a person who is not an attorney (IC
3297	3297	23 33-43-2-1).
3298	3298	24 (39) An offense listed in IC 35-48-4 involving the manufacture or
3299	3299	25 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
3300	3300	26 synthetic drug lookalike substance (as defined in
3301	3301	27 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3302	3302	28 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
3303	3303	29 substance analog (as defined in IC 35-48-1-9.3), or a substance
3304	3304	30 represented to be a controlled substance (as described in
3305	3305	31 IC 35-48-4-4.6).
3306	3306	32 (40) Dealing in a controlled substance resulting in death (IC
3307	3307	33 35-42-1-1.5).
3308	3308	34 SECTION 19. IC 35-48-2-4, AS AMENDED BY P.L.10-2021,
3309	3309	35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3310	3310	36 JULY 1, 2023]: Sec. 4. (a) The controlled substances listed in this
3311	3311	37 section are included in schedule I.
3312	3312	38 (b) Opiates. Any of the following opiates, including their isomers,
3313	3313	39 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
3314	3314	40 specifically excepted by rule of the board or unless listed in another
3315	3315	41 schedule, whenever the existence of these isomers, esters, ethers, and
3316	3316	42 salts is possible within the specific chemical designation:
3317	3317	2023 IN 308—LS 7125/DI 106 78
3318	3318	1 4-fluoroisobutyryl fentanyl
3319	3319	2 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
3320	3320	3 piperidinyl]-N-phenylacetamide) (9815)
3321	3321	4 Acetyl fentanyl (Other names include:
3322	3322	5 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
3323	3323	6 Acetylmethadol (9601)
3324	3324	7 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
3325	3325	8 N-phenylacrylamide
3326	3326	9 Allylprodine (9602)
3327	3327	10 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
3328	3328	11 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
3329	3329	12 Alphacetylmethadol (9603)
3330	3330	13 Alphameprodine (9604)
3331	3331	14 Alphamethadol (9605)
3332	3332	15 Alphamethylfentanyl (9814)
3333	3333	16 Benzethidine (9606)
3334	3334	17 Beta-hydroxy-3-methylfentanyl (9831). Other name:
3335	3335	18 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
3336	3336	19 ]-N-phenylpropanamide
3337	3337	20 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
3338	3338	21 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
3339	3339	22 Betacetylmethadol (9607)
3340	3340	23 Betameprodine (9608)
3341	3341	24 Betamethadol (9609)
3342	3342	25 Betaprodine (9611)
3343	3343	26 Clonitazene (9612)
3344	3344	27 Cyclopentyl fentanyl. Other name:
3345	3345	28 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
3346	3346	29 Dextromoramide (9613)
3347	3347	30 Diampromide (9615)
3348	3348	31 Diethylthiambutene (9616)
3349	3349	32 Difenoxin (9168)
3350	3350	33 Dimenoxadol (9617)
3351	3351	34 Dimepheptanol (9618)
3352	3352	35 Dimethylthiambutene (9619)
3353	3353	36 Dioxaphetyl butyrate (9621)
3354	3354	37 Dipipanone (9622)
3355	3355	38 Ethylmethylthiambutene (9623)
3356	3356	39 Etonitazene (9624)
3357	3357	40 Etoxeridine (9625)
3358	3358	41 Fentanyl related substances.
3359	3359	42 Furanyl fentanyl.
3360	3360	2023 IN 308—LS 7125/DI 106 79
3361	3361	1 Furethidine (9626)
3362	3362	2 Hydroxypethidine (9627)
3363	3363	3 Isobutyryl fentanyl. Other name:
3364	3364	4 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
3365	3365	5 Isotonitazene. Other name: N,N-diethyl-2-
3366	3366	6 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
3367	3367	7 1-yl)ethan-1-amine)
3368	3368	8 Ketobemidone (9628)
3369	3369	9 Levomoramide (9629)
3370	3370	10 Levophenacylmorphan (9631)
3371	3371	11 Methoxyacetyl fentanyl. Other name:
3372	3372	12 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
3373	3373	13 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
3374	3374	14 piperidyl]-N-phenyl-propanimide](9813)
3375	3375	15 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
3376	3376	16 piperidinyl]-N-phenylpropanamide) (9833)
3377	3377	17 MDMB-4en-PINACA
3378	3378	18 4F-MDMB-BICA; 4-fluoro MDMB-BICA; 4F-MDMB-BUTICA;
3379	3379	19 Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
3380	3380	20 3-dimethyl-butanoate
3381	3381	21 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
3382	3382	22 Morpheridine (9632)
3383	3383	23 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
3384	3384	24 including any isomers, salts, or salts of isomers (9818)
3385	3385	25 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
3386	3386	26 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
3387	3387	27 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
3388	3388	28 (beta-hydroxythiofentanyl)
3389	3389	29 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
3390	3390	30 (para-chloroisobutyryl fentanyl)
3391	3391	31 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3392	3392	32 acetamide (ocfentanil)
3393	3393	33 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
3394	3394	34 (para-fluorobutyryl fentanyl)
3395	3395	35 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
3396	3396	36 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
3397	3397	37 fentanyl)
3398	3398	38 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
3399	3399	39 fentanyl)
3400	3400	40 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
3401	3401	41 (para-methoxybutyryl fentanyl)
3402	3402	42 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
3403	3403	2023 IN 308—LS 7125/DI 106 80
3404	3404	1 (thenylfentanyl), including any isomers, salts, or salts of isomers
3405	3405	2 (9834)
3406	3406	3 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
3407	3407	4 fentanyl)
3408	3408	5 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
3409	3409	6 (cyclopentyl fentanyl)
3410	3410	7 Noracymethadol (9633)
3411	3411	8 Norlevorphanol (9634)
3412	3412	9 Normethadone (9635)
3413	3413	10 Norpipanone (9636)
3414	3414	11 Ocfentanil. Other name:
3415	3415	12 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3416	3416	13 acetamide
3417	3417	14 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
3418	3418	15 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
3419	3419	16 Para-chloroisobutyryl fentanyl. Other name:
3420	3420	17 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
3421	3421	18 Para-fluorobutyryl fentanyl. Other name:
3422	3422	19 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3423	3423	20 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
3424	3424	21 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
3425	3425	22 Para-methoxybutyryl fentanyl. Other name:
3426	3426	23 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3427	3427	24 Phenadoxone (9637)
3428	3428	25 Phenampromide (9638)
3429	3429	26 Phenomorphan (9647)
3430	3430	27 Phenoperidine (9641)
3431	3431	28 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
3432	3432	29 Piritramide (9642)
3433	3433	30 Proheptazine (9643)
3434	3434	31 Properidine (9644)
3435	3435	32 Propiram (9649)
3436	3436	33 Racemoramide (9645)
3437	3437	34 Tetrahydrofuranyl fentanyl. Other name:
3438	3438	35 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
3439	3439	36 oxamide
3440	3440	37 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
3441	3441	38 piperidinyl]-propanamide) (9835)
3442	3442	39 Tilidine (9750)
3443	3443	40 Trimeperidine (9646)
3444	3444	41 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
3445	3445	42 N-methyl- benzamide)
3446	3446	2023 IN 308—LS 7125/DI 106 81
3447	3447	1 Valeryl fentanyl. Other name:
3448	3448	2 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
3449	3449	3 (c) Opium derivatives. Any of the following opium derivatives, their
3450	3450	4 salts, isomers, and salts of isomers, unless specifically excepted by rule
3451	3451	5 of the board or unless listed in another schedule, whenever the
3452	3452	6 existence of these salts, isomers, and salts of isomers is possible within
3453	3453	7 the specific chemical designation:
3454	3454	8 Acetorphine (9319)
3455	3455	9 Acetyldihydrocodeine (9051)
3456	3456	10 Benzylmorphine (9052)
3457	3457	11 Codeine methylbromide (9070)
3458	3458	12 Codeine-N-Oxide (9053)
3459	3459	13 Cyprenorphine (9054)
3460	3460	14 Desomorphine (9055)
3461	3461	15 Dihydromorphine (9145)
3462	3462	16 Drotebanol (9335)
3463	3463	17 Etorphine (except hydrochloride salt) (9056)
3464	3464	18 Heroin (9200)
3465	3465	19 Hydromorphinol (9301)
3466	3466	20 Methyldesorphine (9302)
3467	3467	21 Methyldihydromorphine (9304)
3468	3468	22 Morphine methylbromide (9305)
3469	3469	23 Morphine methylsulfonate (9306)
3470	3470	24 Morphine-N-Oxide (9307)
3471	3471	25 Myrophine (9308)
3472	3472	26 Nicocodeine (9309)
3473	3473	27 Nicomorphine (9312)
3474	3474	28 Normorphine (9313)
3475	3475	29 Pholcodine (9314)
3476	3476	30 Thebacon (9315)
3477	3477	31 (d) Hallucinogenic substances. Unless specifically excepted or
3478	3478	32 unless listed in another schedule, any material, compound, mixture, or
3479	3479	33 preparation which contains any quantity of the following
3480	3480	34 hallucinogenic, psychedelic, or psychogenic substances, their salts,
3481	3481	35 isomers, and salts of isomers whenever the existence of these salts,
3482	3482	36 isomers, and salts of isomers is possible within the specific chemical
3483	3483	37 designation (for purposes of this subsection only, the term "isomer"
3484	3484	38 includes the optical, position, and geometric isomers):
3485	3485	39 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
3486	3486	40 TCPy.
3487	3487	41 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
3488	3488	42 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
3489	3489	2023 IN 308—LS 7125/DI 106 82
3490	3490	1 4-Bromo-2, 5-DMA.
3491	3491	2 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
3492	3492	3 or other names:
3493	3493	4 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
3494	3494	5 alpha-desmethyl DOB; 2C-B, Nexus.
3495	3495	6 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
3496	3496	7 DOET.
3497	3497	8 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
3498	3498	9 Other name: 2C-T-7.
3499	3499	10 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
3500	3500	11 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
3501	3501	12 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
3502	3502	13 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
3503	3503	14 PMA.
3504	3504	15 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
3505	3505	16 Name: MMDA.
3506	3506	17 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
3507	3507	18 isomers, salts, or salts of isomers (7439). Other name:
3508	3508	19 5-MeO-DIPT.
3509	3509	20 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
3510	3510	21 and other names: 4-methyl-2,
3511	3511	22 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
3512	3512	23 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
3513	3513	24 MDA.
3514	3514	25 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
3515	3515	26 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
3516	3516	27 phenethylamine; N-ethyl MDA; MDE; and MDEA.
3517	3517	28 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
3518	3518	29 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
3519	3519	30 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
3520	3520	31 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
3521	3521	32 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
3522	3522	33 (16) Alpha-methyltryptamine (7432). Other name: AMT.
3523	3523	34 (17) Bufotenine (7433). Some trade and other names:
3524	3524	35 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
3525	3525	36 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
3526	3526	37 5-hydroxy-N, N-dimethyltryptamine; mappine.
3527	3527	38 (18) Diethyltryptamine (7434). Some trade or other names: N,
3528	3528	39 N-Diethyltryptamine; DET.
3529	3529	40 (19) Dimethyltryptamine (7435). Some trade or other names:
3530	3530	41 DMT.
3531	3531	42 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
3532	3532	2023 IN 308—LS 7125/DI 106 83
3533	3533	1 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
3534	3534	2 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
3535	3535	3 (21) Lysergic acid diethylamide (7315). Other name: LSD.
3536	3536	4 (22) Marijuana (7360).
3537	3537	5 (23) (22) Mescaline (7381).
3538	3538	6 (24) (23) Parahexyl (7374). Some trade or other names:
3539	3539	7 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
3540	3540	8 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
3541	3541	9 (25) (24) Peyote (7415), including:
3542	3542	10 (A) all parts of the plant that are classified botanically as
3543	3543	11 lophophora williamsii lemaire, whether growing or not;
3544	3544	12 (B) the seeds thereof;
3545	3545	13 (C) any extract from any part of the plant; and
3546	3546	14 (D) every compound, manufacture, salt, derivative, mixture, or
3547	3547	15 preparation of the plant, its seeds, or extracts.
3548	3548	16 (26) (25) N-ethyl-3-piperidyl benzilate (7482). Other name:
3549	3549	17 DMZ.
3550	3550	18 (27) (26) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
3551	3551	19 Other names: N-hydroxy-alpha-methyl-3,4
3552	3552	20 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
3553	3553	21 (28) (27) N-methyl-3-piperidyl benzilate (7484). Other name:
3554	3554	22 LBJ.
3555	3555	23 (29) (28) Psilocybin (7437).
3556	3556	24 (30) (29) Psilocyn (7438).
3557	3557	25 (31) (30) Tetrahydrocannabinols (7370), including synthetic
3558	3558	26 equivalents of the substances contained in the plant, or in the
3559	3559	27 resinous extractives of Cannabis, sp. and synthetic substances,
3560	3560	28 derivatives, and their isomers with similar chemical structure and
3561	3561	29 pharmacological activity such as:
3562	3562	30 (A) ð
3563	3563	1
3564	3564	cis or trans tetrahydrocannabinol, and their optical
3565	3565	31 isomers;
3566	3566	32 (B) ð
3567	3567	6
3568	3568	cis or trans tetrahydrocannabinol, and their optical
3569	3569	33 isomers; and
3570	3570	34 (C) ð
3571	3571	3,
3572	3572	4 cis or trans tetrahydrocannabinol, and their optical
3573	3573	35 isomers.
3574	3574	36 Since nomenclature of these substances is not internationally
3575	3575	37 standardized, compounds of these structures, regardless of
3576	3576	38 numerical designation of atomic positions are covered. Other
3577	3577	39 name: THC.
3578	3578	40 (32) (31) Ethylamine analog of phencyclidine (7455). Some trade
3579	3579	41 or other names: N-Ethyl-1-phenylcyclohexylamine;
3580	3580	42 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
3581	3581	2023 IN 308—LS 7125/DI 106 84
3582	3582	1 ethylamine; cyclohexamine; PCE.
3583	3583	2 (33) (32) Pyrrolidine analog of phencyclidine (7458). Some trade
3584	3584	3 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
3585	3585	y; PHP.
3586	3586	4 (34) (33) Thiophene analog of phencyclidine (7470). Some trade
3587	3587	5 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
3588	3588	6 Analog of Phencyclidine; TPCP.
3589	3589	7 (35) (34) Salvia divinorum or salvinorin A, including:
3590	3590	8 (A) all parts of the plant that are classified botanically as salvia
3591	3591	9 divinorum, whether growing or not;
3592	3592	10 (B) the seeds of the plant;
3593	3593	11 (C) any extract from any part of the plant; and
3594	3594	12 (D) every compound, manufacture, salt, derivative, mixture, or
3595	3595	13 preparation of the plant, its seeds, or extracts.
3596	3596	14 (36) (35) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
3597	3597	15 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
3598	3598	16 5-MeO-DMT.
3599	3599	17 (37) (36) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
3600	3600	18 (38) (37) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
3601	3601	19 (39) (38) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
3602	3602	20 (40) (39) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
3603	3603	21 (41) (40) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
3604	3604	22 (2C-T-2).
3605	3605	23 (42) (41) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
3606	3606	24 (2C-T-4).
3607	3607	25 (43) (42) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
3608	3608	26 (44) (43) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
3609	3609	27 (45) (44) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
3610	3610	28 (2C-P).
3611	3611	29 (46) (45) Deschloroketamine (2-Phenyl-2-
3612	3612	30 (methylamino)cyclohexanone).
3613	3613	31 (47) (46) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
3614	3614	32 ethyltryptamine).
3615	3615	33 (48) (47) N-methyltryptamine (1H-Indole-3-ethanamine,
3616	3616	34 N-methyl-).
3617	3617	35 (e) Depressants. Unless specifically excepted in a rule adopted by
3618	3618	36 the board or unless listed in another schedule, any material, compound,
3619	3619	37 mixture, or preparation which contains any quantity of the following
3620	3620	38 substances having a depressant effect on the central nervous system,
3621	3621	39 including its salts, isomers, and salts of isomers whenever the existence
3622	3622	40 of such salts, isomers, and salts of isomers is possible within the
3623	3623	41 specific chemical designation:
3624	3624	42 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
3625	3625	2023 IN 308—LS 7125/DI 106 85
3626	3626	1 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
3627	3627	2 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
3628	3628	3 Pasaden)
3629	3629	4 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
3630	3630	5 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
3631	3631	6 Gamma-hydroxybutyric acid (other names include GHB;
3632	3632	7 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
3633	3633	8 oxybate; sodium oxybutyrate) (2010)
3634	3634	9 Mecloqualone (2572)
3635	3635	10 Methaqualone (2565)
3636	3636	11 (f) Stimulants. Unless specifically excepted or unless listed in
3637	3637	12 another schedule, any material, compound, mixture, or preparation that
3638	3638	13 contains any quantity of the following substances having a stimulant
3639	3639	14 effect on the central nervous system, including its salts, isomers, and
3640	3640	15 salts of isomers:
3641	3641	16 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
3642	3642	17 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
3643	3643	18 Aminorex (1585). Other names: aminoxaphen;
3644	3644	19 2-amino-5-phenyl-2-oxazoline; or
3645	3645	20 4,5-dihydro-5-phenyl-2-oxazolamine.
3646	3646	21 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
3647	3647	22 -1-one. Synonyms: BMDP, N-benzyl methylone,
3648	3648	23 3,4-Methylenedioxy-Nbenzylcathinone,
3649	3649	24 N-benzyl-3,4-methylenedioxycathinone.
3650	3650	25 Cathinone (1235). Some trade or other names:
3651	3651	26 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
3652	3652	27 2-aminopropiophenone; and norephedrone.
3653	3653	28 Fenethylline (1503).
3654	3654	29 N-Benzylpiperazine (7493). Other names: BZP; and
3655	3655	30 1-benzylpiperazine.
3656	3656	31 N-ethylamphetamine (1475).
3657	3657	32 Methcathinone (1237). Some other trade names:
3658	3658	33 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
3659	3659	34 Monomethylpropion; UR 1431.
3660	3660	35 N, N-dimethylamphetamine (1480). Other names: N,
3661	3661	36 N-alpha-trimethyl-benzeneethanamine; and N,
3662	3662	37 N-alpha-trimethylphenethylamine.
3663	3663	38 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
3664	3664	39 SECTION 20. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
3665	3665	40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3666	3666	41 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
3667	3667	42 sale, delivers, or finances the delivery of a raw material, an instrument,
3668	3668	2023 IN 308—LS 7125/DI 106 86
3669	3669	1 a device, or other object that is intended to be or that is designed or
3670	3670	2 marketed to be used primarily for:
3671	3671	3 (1) ingesting, inhaling, or otherwise introducing into the human
3672	3672	4 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
3673	3673	5 controlled substance;
3674	3674	6 (2) testing the strength, effectiveness, or purity of marijuana, hash
3675	3675	7 oil, hashish, salvia, a synthetic drug, or a controlled substance;
3676	3676	8 (3) enhancing the effect of a controlled substance;
3677	3677	9 (4) manufacturing, compounding, converting, producing,
3678	3678	10 processing, or preparing marijuana, hash oil, hashish, salvia, a
3679	3679	11 synthetic drug, or a controlled substance;
3680	3680	12 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
3681	3681	13 synthetic drug, or a controlled substance by individuals; or
3682	3682	14 (6) any purpose announced or described by the seller that is in
3683	3683	15 violation of this chapter;
3684	3684	16 commits a Class A infraction for dealing in paraphernalia.
3685	3685	17 (b) A person who knowingly or intentionally violates subsection (a)
3686	3686	18 commits a Class A misdemeanor. However, the offense is a Level 6
3687	3687	19 felony if the person has a prior unrelated judgment or conviction under
3688	3688	20 this section.
3689	3689	21 (c) This section does not apply to the following:
3690	3690	22 (1) Items marketed for use in the preparation, compounding,
3691	3691	23 packaging, labeling, or other use of marijuana, hash oil, hashish,
3692	3692	24 salvia, a synthetic drug, or a controlled substance as an incident
3693	3693	25 to lawful research, teaching, or chemical analysis and not for sale.
3694	3694	26 (2) Items marketed for or historically and customarily used in
3695	3695	27 connection with the planting, propagating, cultivating, growing,
3696	3696	28 harvesting, manufacturing, compounding, converting, producing,
3697	3697	29 processing, preparing, testing, analyzing, packaging, repackaging,
3698	3698	30 storing, containing, concealing, injecting, ingesting, or inhaling
3699	3699	31 of tobacco or any other lawful substance.
3700	3700	32 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
3701	3701	33 a syringe or needle as part of a program under IC 16-41-7.5.
3702	3702	34 (4) Any entity or person that provides funding to a qualified entity
3703	3703	35 (as defined in IC 16-41-7.5-3) to operate a program described in
3704	3704	36 IC 16-41-7.5.
3705	3705	37 SECTION 21. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
3706	3706	38 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3707	3707	39 JULY 1, 2023]: Sec. 10. (a) A person who:
3708	3708	40 (1) knowingly or intentionally:
3709	3709	41 (A) manufactures;
3710	3710	42 (B) finances the manufacture of;
3711	3711	2023 IN 308—LS 7125/DI 106 87
3712	3712	1 (C) delivers; or
3713	3713	2 (D) finances the delivery of;
3714	3714	3 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
3715	3715	4 (2) possesses, with intent to:
3716	3716	5 (A) manufacture;
3717	3717	6 (B) finance the manufacture of;
3718	3718	7 (C) deliver; or
3719	3719	8 (D) finance the delivery of;
3720	3720	9 marijuana, hash oil, hashish, or salvia, pure or adulterated;
3721	3721	10 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
3722	3722	11 misdemeanor, except as provided in subsections (b) through (d).
3723	3723	12 (b) A person may be convicted of an offense under subsection (a)(2)
3724	3724	13 only if:
3725	3725	14 (1) there is evidence in addition to the weight of the drug that the
3726	3726	15 person intended to manufacture, finance the manufacture of,
3727	3727	16 deliver, or finance the delivery of the drug; or
3728	3728	17 (2) the amount of the drug involved is at least
3729	3729	18 (A) ten (10) pounds, if the drug is marijuana; or
3730	3730	19 (B) three hundred (300) grams, if the drug is hash oil, hashish,
3731	3731	20 or salvia.
3732	3732	21 (c) The offense is a Level 6 felony if:
3733	3733	22 (1) the person has a prior conviction for a drug offense and the
3734	3734	23 amount of the drug involved is
3735	3735	24 (A) less than thirty (30) grams of marijuana; or
3736	3736	25 (B) less than five (5) grams of hash oil, hashish, or salvia; or
3737	3737	26 (2) the amount of the drug involved is
3738	3738	27 (A) at least thirty (30) grams but less than ten (10) pounds of
3739	3739	28 marijuana; or
3740	3740	29 (B) at least five (5) grams but less than three hundred (300)
3741	3741	30 grams of hash oil, hashish, or salvia.
3742	3742	31 (d) The offense is a Level 5 felony if:
3743	3743	32 (1) the person has a prior conviction for a drug dealing offense
3744	3744	33 and the amount of the drug involved is
3745	3745	34 (A) at least thirty (30) grams but less than ten (10) pounds of
3746	3746	35 marijuana; or
3747	3747	36 (B) at least five (5) grams but less than three hundred (300)
3748	3748	37 grams of hash oil, hashish, or salvia; or
3749	3749	38 (2) the:
3750	3750	39 (A) amount of the drug involved is
3751	3751	40 (i) at least ten (10) pounds of marijuana; or
3752	3752	41 (ii) at least three hundred (300) grams of hash oil, hashish,
3753	3753	42 or salvia; or
3754	3754	2023 IN 308—LS 7125/DI 106 88
3755	3755	1 (B) offense involved a sale to a minor. or
3756	3756	2 (3) the:
3757	3757	3 (A) person is a retailer;
3758	3758	4 (B) marijuana, hash oil, hashish, or salvia is packaged in a
3759	3759	5 manner that appears to be low THC hemp extract; and
3760	3760	6 (C) person knew or reasonably should have known that the
3761	3761	7 product was marijuana, hash oil, hashish, or salvia.
3762	3762	8 (e) A retailer who:
3763	3763	9 (1) knowingly or intentionally:
3764	3764	10 (A) manufactures;
3765	3765	11 (B) finances the manufacture of;
3766	3766	12 (C) delivers; or
3767	3767	13 (D) finances the delivery of;
3768	3768	14 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3769	3769	15 that is packaged in a manner that appears to be low THC
3770	3770	16 hemp extract; or
3771	3771	17 (2) possesses, with intent to:
3772	3772	18 (A) manufacture;
3773	3773	19 (B) finance the manufacture of;
3774	3774	20 (C) deliver; or
3775	3775	21 (D) finance the delivery of;
3776	3776	22 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3777	3777	23 that is packaged in a manner that appears to be low THC
3778	3778	24 hemp extract;
3779	3779	25 commits dealing in mislabeled low THC hemp extract, a Level 5
3780	3780	26 felony, if the person knew or reasonably should have known that
3781	3781	27 the product was marijuana, hash oil, hashish, or salvia.
3782	3782	28 SECTION 22. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
3783	3783	29 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3784	3784	30 JULY 1, 2023]: Sec. 11. (a) A person who
3785	3785	31 (1) knowingly or intentionally possesses (pure or adulterated)
3786	3786	32 marijuana, hash oil, hashish, or salvia
3787	3787	33 (2) knowingly or intentionally grows or cultivates marijuana; or
3788	3788	34 (3) knowing that marijuana is growing on the person's premises,
3789	3789	35 fails to destroy the marijuana plants;
3790	3790	36 commits possession of marijuana, hash oil, hashish, or salvia, a Class
3791	3791	37 B misdemeanor, except as provided in subsections (b) through (c).
3792	3792	38 (b) The offense described in subsection (a) is a Class A
3793	3793	39 misdemeanor if
3794	3794	40 (1) the person has a prior conviction for a drug offense. or
3795	3795	41 (2) the:
3796	3796	42 (A) marijuana, hash oil, hashish, or salvia is packaged in a
3797	3797	2023 IN 308—LS 7125/DI 106 89
3798	3798	1 manner that appears to be low THC hemp extract; and
3799	3799	2 (B) person knew or reasonably should have known that the
3800	3800	3 product was marijuana, hash oil, hashish, or salvia.
3801	3801	4 (c) The offense described in subsection (a) is a Level 6 felony if:
3802	3802	5 (1) the person has a prior conviction for a drug offense; and
3803	3803	6 (2) the person possesses
3804	3804	7 (A) at least thirty (30) grams of marijuana; or
3805	3805	8 (B) at least five (5) grams of hash oil, hashish, or salvia.
3806	3806	9 (d) A person who:
3807	3807	10 (1) knowingly or intentionally possesses (pure or adulterated)
3808	3808	11 marijuana, hash oil, hashish, or salvia; and
3809	3809	12 (2) the:
3810	3810	13 (A) marijuana, hash oil, hashish, or salvia is packaged in a
3811	3811	14 manner that appears to be low THC hemp extract; and
3812	3812	15 (B) person knew or reasonably should have known that the
3813	3813	16 product was marijuana, hash oil, hashish, or salvia;
3814	3814	17 commits possession of mislabeled low THC hemp extract, a Class
3815	3815	18 A misdemeanor.
3816	3816	19 SECTION 23. IC 35-48-4-11.4 IS ADDED TO THE INDIANA
3817	3817	20 CODE AS A NEW SECTION TO READ AS FOLLOWS
3818	3818	21 [EFFECTIVE JULY 1, 2023]: Sec. 11.4. A person who uses cannabis
3819	3819	22 in a public place commits public use of cannabis, a Class C
3820	3820	23 infraction.
3821	3821	24 SECTION 24. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
3822	3822	25 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3823	3823	26 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (i), (j), or
3824	3824	27 (l), or (m), in addition to any sentence imposed under this article for a
3825	3825	28 felony or misdemeanor, the court may, as a condition of probation or
3826	3826	29 without placing the person on probation, order the person to make
3827	3827	30 restitution to the victim of the crime, the victim's estate, or the family
3828	3828	31 of a victim who is deceased. The court shall base its restitution order
3829	3829	32 upon a consideration of:
3830	3830	33 (1) property damages of the victim incurred as a result of the
3831	3831	34 crime, based on the actual cost of repair (or replacement if repair
3832	3832	35 is inappropriate);
3833	3833	36 (2) medical and hospital costs incurred by the victim (before the
3834	3834	37 date of sentencing) as a result of the crime;
3835	3835	38 (3) the cost of medical laboratory tests to determine if the crime
3836	3836	39 has caused the victim to contract a disease or other medical
3837	3837	40 condition;
3838	3838	41 (4) earnings lost by the victim (before the date of sentencing) as
3839	3839	42 a result of the crime including earnings lost while the victim was
3840	3840	2023 IN 308—LS 7125/DI 106 90
3841	3841	1 hospitalized or participating in the investigation or trial of the
3842	3842	2 crime; and
3843	3843	3 (5) funeral, burial, or cremation costs incurred by the family or
3844	3844	4 estate of a homicide victim as a result of the crime.
3845	3845	5 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
3846	3846	6 a judgment lien that:
3847	3847	7 (1) attaches to the property of the person subject to the order;
3848	3848	8 (2) may be perfected;
3849	3849	9 (3) may be enforced to satisfy any payment that is delinquent
3850	3850	10 under the restitution order by the person in whose favor the order
3851	3851	11 is issued or the person's assignee; and
3852	3852	12 (4) expires;
3853	3853	13 in the same manner as a judgment lien created in a civil proceeding.
3854	3854	14 (c) When a restitution order is issued under subsection (a), the
3855	3855	15 issuing court may order the person to pay the restitution, or part of the
3856	3856	16 restitution, directly to:
3857	3857	17 (1) the victim services division of the Indiana criminal justice
3858	3858	18 institute in an amount not exceeding:
3859	3859	19 (A) the amount of the award, if any, paid to the victim under
3860	3860	20 IC 5-2-6.1; and
3861	3861	21 (B) the cost of the reimbursements, if any, for emergency
3862	3862	22 services provided to the victim under IC 16-10-1.5 (before its
3863	3863	23 repeal) or IC 16-21-8; or
3864	3864	24 (2) a probation department that shall forward restitution or part of
3865	3865	25 restitution to:
3866	3866	26 (A) a victim of a crime;
3867	3867	27 (B) a victim's estate; or
3868	3868	28 (C) the family of a victim who is deceased.
3869	3869	29 The victim services division of the Indiana criminal justice institute
3870	3870	30 shall deposit the restitution it receives under this subsection in the
3871	3871	31 violent crime victims compensation fund established by IC 5-2-6.1-40.
3872	3872	32 (d) When a restitution order is issued under subsection (a), (i), (j),
3873	3873	33 or (l), or (m), the issuing court shall send a certified copy of the order
3874	3874	34 to the clerk of the circuit court in the county where the felony or
3875	3875	35 misdemeanor charge was filed. The restitution order must include the
3876	3876	36 following information:
3877	3877	37 (1) The name and address of the person that is to receive the
3878	3878	38 restitution.
3879	3879	39 (2) The amount of restitution the person is to receive.
3880	3880	40 Upon receiving the order, the clerk shall enter and index the order in
3881	3881	41 the circuit court judgment docket in the manner prescribed by
3882	3882	42 IC 33-32-3-2. The clerk shall also notify the department of insurance
3883	3883	2023 IN 308—LS 7125/DI 106 91
3884	3884	1 of an order of restitution under subsection (i).
3885	3885	2 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
3886	3886	3 does not bar a civil action for:
3887	3887	4 (1) damages that the court did not require the person to pay to the
3888	3888	5 victim under the restitution order but arise from an injury or
3889	3889	6 property damage that is the basis of restitution ordered by the
3890	3890	7 court; and
3891	3891	8 (2) other damages suffered by the victim.
3892	3892	9 (f) Regardless of whether restitution is required under subsection (a)
3893	3893	10 as a condition of probation or other sentence, the restitution order is not
3894	3894	11 discharged by the completion of any probationary period or other
3895	3895	12 sentence imposed for a felony or misdemeanor.
3896	3896	13 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
3897	3897	14 not discharged by the liquidation of a person's estate by a receiver
3898	3898	15 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
3899	3899	16 IC 34-1-12, or IC 34-2-7 before their repeal).
3900	3900	17 (h) The attorney general may pursue restitution ordered by the court
3901	3901	18 under subsections (a) and (c) on behalf of the victim services division
3902	3902	19 of the Indiana criminal justice institute established under IC 5-2-6-8.
3903	3903	20 (i) The court may order the person convicted of an offense under
3904	3904	21 IC 35-43-9 to make restitution to the victim of the crime. The court
3905	3905	22 shall base its restitution order upon a consideration of the amount of
3906	3906	23 money that the convicted person converted, misappropriated, or
3907	3907	24 received, or for which the convicted person conspired. The restitution
3908	3908	25 order issued for a violation of IC 35-43-9 must comply with
3909	3909	26 subsections (b), (d), (e), and (g), and is not discharged by the
3910	3910	27 completion of any probationary period or other sentence imposed for
3911	3911	28 a violation of IC 35-43-9.
3912	3912	29 (j) The court may order the person convicted of an offense under
3913	3913	30 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
3914	3914	31 victim's estate, or the family of a victim who is deceased. The court
3915	3915	32 shall base its restitution order upon a consideration of the amount of
3916	3916	33 fraud or harm caused by the convicted person and any reasonable
3917	3917	34 expenses (including lost wages) incurred by the victim in correcting the
3918	3918	35 victim's credit report and addressing any other issues caused by the
3919	3919	36 commission of the offense under IC 35-43-5-3.5. If, after a person is
3920	3920	37 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
3921	3921	38 estate, or the family of a victim discovers or incurs additional expenses
3922	3922	39 that result from the convicted person's commission of the offense under
3923	3923	40 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
3924	3924	41 to require the convicted person to make restitution, even if the court
3925	3925	42 issued a restitution order at the time of sentencing. For purposes of
3926	3926	2023 IN 308—LS 7125/DI 106 92
3927	3927	1 entering a restitution order after sentencing, a court has continuing
3928	3928	2 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
3929	3929	3 for five (5) years after the date of sentencing. Each restitution order
3930	3930	4 issued for a violation of IC 35-43-5-3.5 must comply with subsections
3931	3931	5 (b), (d), (e), and (g), and is not discharged by the completion of any
3932	3932	6 probationary period or other sentence imposed for an offense under
3933	3933	7 IC 35-43-5-3.5.
3934	3934	8 (k) The court shall order a person convicted of an offense under
3935	3935	9 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
3936	3936	10 equal to the greater of the following:
3937	3937	11 (1) The gross income or value to the person of the victim's labor
3938	3938	12 or services.
3939	3939	13 (2) The value of the victim's labor as guaranteed under the
3940	3940	14 minimum wage and overtime provisions of:
3941	3941	15 (A) the federal Fair Labor Standards Act of 1938, as amended
3942	3942	16 (29 U.S.C. 201-209); or
3943	3943	17 (B) IC 22-2-2 (Minimum Wage);
3944	3944	18 whichever is greater.
3945	3945	19 (l) The court shall order a person who:
3946	3946	20 (1) is convicted of dealing in methamphetamine under
3947	3947	21 IC 35-48-4-1.1 or manufacturing methamphetamine under
3948	3948	22 IC 35-48-4-1.2; and
3949	3949	23 (2) manufactured the methamphetamine on property owned by
3950	3950	24 another person, without the consent of the property owner;
3951	3951	25 to pay liquidated damages to the property owner in the amount of ten
3952	3952	26 thousand dollars ($10,000) or to pay actual damages to the property
3953	3953	27 owner, including lost rent and the costs of decontamination by a
3954	3954	28 qualified inspector certified under IC 16-19-3.1.
3955	3955	29 (m) The court shall order a person who:
3956	3956	30 (1) is convicted of dealing in marijuana under
3957	3957	31 IC 35-48-4-10(a)(1)(A); and
3958	3958	32 (2) manufactured the marijuana on property owned by another
3959	3959	33 person, without the consent of the property owner;
3960	3960	34 to pay liquidated damages to the property owner in the amount of two
3961	3961	35 thousand dollars ($2,000).
3962	3962	36 SECTION 25. IC 35-52-7-97 IS ADDED TO THE INDIANA
3963	3963	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
3964	3964	38 [EFFECTIVE JULY 1, 2023]: Sec. 97. IC 7.1-8-12-11 defines a crime
3965	3965	39 concerning cannabis.
3966	3966	40 SECTION 26. IC 35-52-7-98 IS ADDED TO THE INDIANA
3967	3967	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
3968	3968	42 [EFFECTIVE JULY 1, 2023]: Sec. 98. IC 7.1-8-14-9 defines a crime
3969	3969	2023 IN 308—LS 7125/DI 106 93
3970	3970	1 concerning cannabis.
3971	3971	2 SECTION 27. IC 35-52-7-99 IS ADDED TO THE INDIANA
3972	3972	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
3973	3973	4 [EFFECTIVE JULY 1, 2023]: Sec. 99. IC 7.1-8-15-6 defines a crime
3974	3974	5 concerning cannabis.
3975	3975	6 SECTION 28. IC 35-52-7-100 IS ADDED TO THE INDIANA
3976	3976	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
3977	3977	8 [EFFECTIVE JULY 1, 2023]: Sec. 100. IC 7.1-8-19-3 defines a crime
3978	3978	9 concerning cannabis.
3979	3979	10 SECTION 29. IC 35-52-7-101 IS ADDED TO THE INDIANA
3980	3980	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
3981	3981	12 [EFFECTIVE JULY 1, 2023]: Sec. 101. IC 7.1-8-19-4 defines a crime
3982	3982	13 concerning cannabis.
3983	3983	14 SECTION 30. IC 35-52-7-102 IS ADDED TO THE INDIANA
3984	3984	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
3985	3985	16 [EFFECTIVE JULY 1, 2023]: Sec. 102. IC 7.1-8-19-6 defines a crime
3986	3986	17 concerning cannabis.
3987	3987	18 SECTION 31. IC 36-1-8.5-4, AS AMENDED BY P.L.64-2022,
3988	3988	19 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3989	3989	20 JULY 1, 2023]: Sec. 4. As used in this chapter, "law enforcement
3990	3990	21 officer" means an individual who is employed or was formerly
3991	3991	22 employed as:
3992	3992	23 (1) a police officer (including a tribal police officer and a
3993	3993	24 correctional police officer), sheriff, constable, marshal,
3994	3994	25 prosecuting attorney, special prosecuting attorney, special deputy
3995	3995	26 prosecuting attorney, the securities commissioner, or the inspector
3996	3996	27 general;
3997	3997	28 (2) a deputy of any of the persons specified in subdivision (1);
3998	3998	29 (3) an investigator for a prosecuting attorney or for the inspector
3999	3999	30 general;
4000	4000	31 (4) a conservation officer;
4001	4001	32 (5) an enforcement officer of the alcohol and tobacco commission
4002	4002	33 or of the cannabis commission; or
4003	4003	34 (6) an enforcement officer of the securities division of the office
4004	4004	35 of the secretary of state.
4005	4005	2023 IN 308—LS 7125/DI 106