Introduced Version
SENATE BILL No. 308
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-2.5-8-7; IC 6-8.1-1-1; IC 6-11; IC 7.1-8;
IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
IC 34-24-1-1; IC 34-30-2.1-73.5; IC 35-31.5-2-185; IC 35-45-6-1;
IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
Synopsis: Cannabis legalization. Establishes a procedure for the
lawful production and sale of cannabis in Indiana. Makes conforming
amendments.
Effective: July 1, 2023.
Walker K
January 12, 2023, read first time and referred to Committee on Commerce and Technology.
2023 IN 308—LS 7125/DI 106 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 308
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 6-2.5-8-7, AS AMENDED BY P.L.156-2020,
2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 7. (a) The department may, for good cause, revoke
4 a certificate issued under section 1, 3, or 4 of this chapter. However,
5 the department must give the certificate holder at least five (5) days
6 notice before it revokes the certificate under this subsection. Good
7 cause for revocation may include the following:
8 (1) Failure to:
9 (A) file a return required under this chapter or for any tax
10 collected for the state in trust; or
11 (B) remit any tax collected for the state in trust.
12 (2) Being charged with a violation of any provision under IC 35.
13 (3) Being subject to a court order under IC 7.1-2-6-7,
14 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
15 (4) Being charged with a violation of IC 23-15-12.
16 (5) Operating as a retail merchant where the certificate issued
17 under section 1 of this chapter could have been denied under
2023 IN 308—LS 7125/DI 106 2
1 section 1(e) of this chapter prior to its issuance.
2 The department may revoke a certificate before a criminal adjudication
3 or without a criminal charge being filed. If the department gives notice
4 of an intent to revoke based on an alleged violation of subdivision (2),
5 the department shall hold a public hearing to determine whether good
6 cause exists. If the department finds in a public hearing by a
7 preponderance of the evidence that a person has committed a violation
8 described in subdivision (2), the department shall proceed in
9 accordance with subsection (i) (if the violation resulted in a criminal
10 conviction) or subsection (j) (if the violation resulted in a judgment for
11 an infraction).
12 (b) The department shall revoke a certificate issued under section
13 1, 3, or 4 of this chapter if, for a period of three (3) years, the certificate
14 holder fails to:
15 (1) file the returns required by IC 6-2.5-6-1; or
16 (2) report the collection of any state gross retail or use tax on the
17 returns filed under IC 6-2.5-6-1.
18 However, the department must give the certificate holder at least five
19 (5) days notice before it revokes the certificate.
20 (c) The department may, for good cause, revoke a certificate issued
21 under section 1 of this chapter after at least five (5) days notice to the
22 certificate holder if:
23 (1) the certificate holder is subject to an innkeeper's tax under
24 IC 6-9; and
25 (2) a board, bureau, or commission established under IC 6-9 files
26 a written statement with the department.
27 (d) The statement filed under subsection (c) must state that:
28 (1) information obtained by the board, bureau, or commission
29 under IC 6-8.1-7-1 indicates that the certificate holder has not
30 complied with IC 6-9; and
31 (2) the board, bureau, or commission has determined that
32 significant harm will result to the county from the certificate
33 holder's failure to comply with IC 6-9.
34 (e) The department shall revoke or suspend a certificate issued
35 under section 1 of this chapter after at least five (5) days notice to the
36 certificate holder if:
37 (1) the certificate holder owes taxes, penalties, fines, interest, or
38 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
39 days after the due date under IC 6-1.1; and
40 (2) the treasurer of the county to which the taxes are due requests
41 the department to revoke or suspend the certificate.
42 (f) The department shall reinstate a certificate suspended under
2023 IN 308—LS 7125/DI 106 3
1 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
2 or the county treasurer requests the department to reinstate the
3 certificate because an agreement for the payment of taxes and any
4 penalties due under IC 6-1.1 has been reached to the satisfaction of the
5 county treasurer.
6 (g) The department shall revoke a certificate issued under section
7 1 of this chapter after at least five (5) days notice to the certificate
8 holder if the department finds in a public hearing by a preponderance
9 of the evidence that the certificate holder has violated IC 35-45-5-3,
10 IC 35-45-5-3.5, or IC 35-45-5-4.
11 (h) If a person makes a payment for the certificate under section 1
12 or 3 of this chapter with a check, credit card, debit card, or electronic
13 funds transfer, and the department is unable to obtain payment of the
14 check, credit card, debit card, or electronic funds transfer for its full
15 face amount when the check, credit card, debit card, or electronic funds
16 transfer is presented for payment through normal banking channels, the
17 department shall notify the person by mail that the check, credit card,
18 debit card, or electronic funds transfer was not honored and that the
19 person has five (5) days after the notice is mailed to pay the fee in cash,
20 by certified check, or other guaranteed payment. If the person fails to
21 make the payment within the five (5) day period, the department shall
22 revoke the certificate.
23 (i) If the department finds in a public hearing by a preponderance of
24 the evidence that a person has a conviction for an offense under
25 IC 35-48-4 and the conviction involved the sale of or the offer to sell,
26 in the normal course of business, a synthetic drug (as defined in
27 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled
29 substance analog (as defined in IC 35-48-1-9.3), or a substance
30 represented to be a controlled substance (as described in
31 IC 35-48-4-4.6) by a retail merchant in a place of business for which
32 the retail merchant has been issued a registered retail merchant
33 certificate under section 1 of this chapter, the department:
34 (1) shall suspend the registered retail merchant certificate for the
35 place of business for one (1) year; and
36 (2) may not issue another retail merchant certificate under section
37 1 of this chapter for one (1) year to any person:
38 (A) that:
39 (i) applied for; or
40 (ii) made a retail transaction under;
41 the retail merchant certificate suspended under subdivision
42 (1); or
2023 IN 308—LS 7125/DI 106 4
1 (B) that:
2 (i) owned or co-owned, directly or indirectly; or
3 (ii) was an officer, a director, a manager, or a partner of;
4 the retail merchant that was issued the retail merchant
5 certificate suspended under subdivision (1).
6 (j) If the department finds in a public hearing by a preponderance of
7 the evidence that a person has a judgment for a violation of
8 IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an infraction and
9 the violation involved the sale of or the offer to sell, in the normal
10 course of business, a synthetic drug or a synthetic drug lookalike
11 substance by a retail merchant in a place of business for which the
12 retail merchant has been issued a registered retail merchant certificate
13 under section 1 of this chapter, the department:
14 (1) may suspend the registered retail merchant certificate for the
15 place of business for six (6) months; and
16 (2) may withhold issuance of another retail merchant certificate
17 under section 1 of this chapter for six (6) months to any person:
18 (A) that:
19 (i) applied for; or
20 (ii) made a retail transaction under;
21 the retail merchant certificate suspended under subdivision
22 (1); or
23 (B) that:
24 (i) owned or co-owned, directly or indirectly; or
25 (ii) was an officer, a director, a manager, or a partner of;
26 the retail merchant that was issued the retail merchant
27 certificate suspended under subdivision (1).
28 (k) If the department finds in a public hearing by a preponderance
29 of the evidence that a person has a conviction for a violation of
30 IC 35-48-4-10(d)(3) IC 35-48-4-10(e) and the conviction involved an
31 offense committed by a retail merchant in a place of business for which
32 the retail merchant has been issued a registered retail merchant
33 certificate under section 1 of this chapter, the department:
34 (1) shall suspend the registered retail merchant certificate for the
35 place of business for one (1) year; and
36 (2) may not issue another retail merchant certificate under section
37 1 of this chapter for one (1) year to any person:
38 (A) that:
39 (i) applied for; or
40 (ii) made a retail transaction under;
41 the retail merchant certificate suspended under subdivision
42 (1); or
2023 IN 308—LS 7125/DI 106 5
1 (B) that:
2 (i) owned or co-owned, directly or indirectly; or
3 (ii) was an officer, a director, a manager, or a partner of;
4 the retail merchant that was issued the retail merchant
5 certificate suspended under subdivision (1).
6 SECTION 2. IC 6-8.1-1-1, AS AMENDED BY P.L.138-2022,
7 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 1. "Listed taxes" or "taxes" includes only the
9 pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the supplemental
10 wagering tax (IC 4-33-12); the riverboat wagering tax (IC 4-33-13); the
11 slot machine wagering tax (IC 4-35-8); the type II gambling game
12 excise tax (IC 4-36-9); the gross income tax (IC 6-2.1) (repealed); the
13 utility receipts and utility services use taxes (IC 6-2.3) (repealed); the
14 state gross retail and use taxes (IC 6-2.5); the adjusted gross income tax
15 (IC 6-3); the supplemental net income tax (IC 6-3-8) (repealed); the
16 county adjusted gross income tax (IC 6-3.5-1.1) (repealed); the county
17 option income tax (IC 6-3.5-6) (repealed); the county economic
18 development income tax (IC 6-3.5-7) (repealed); the local income tax
19 (IC 6-3.6); the auto rental excise tax (IC 6-6-9); the financial
20 institutions tax (IC 6-5.5); the gasoline tax (IC 6-6-1.1); the special fuel
21 tax (IC 6-6-2.5); the motor carrier fuel tax (IC 6-6-4.1); a motor fuel tax
22 collected under a reciprocal agreement under IC 6-8.1-3; the vehicle
23 excise tax (IC 6-6-5); the aviation fuel excise tax (IC 6-6-13); the
24 commercial vehicle excise tax (IC 6-6-5.5); the excise tax imposed on
25 recreational vehicles and truck campers (IC 6-6-5.1); the hazardous
26 waste disposal tax (IC 6-6-6.6) (repealed); the heavy equipment rental
27 excise tax (IC 6-6-15); the vehicle sharing excise tax (IC 6-6-16); the
28 cigarette tax (IC 6-7-1); the closed system cartridge tax (IC 6-7-2-7.5);
29 the electronic cigarette tax (IC 6-7-4); the cannabis excise tax (IC
30 6-11); the beer excise tax (IC 7.1-4-2); the liquor excise tax (IC
31 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard cider excise tax (IC
32 7.1-4-4.5); the petroleum severance tax (IC 6-8-1); the various
33 innkeeper's taxes (IC 6-9); the various food and beverage taxes (IC
34 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28); the oil
35 inspection fee (IC 16-44-2); the penalties assessed for oversize vehicles
36 (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
37 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
38 fee that the department is required to collect or administer.
39 SECTION 3. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
40 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
41 2023]:
42 ARTICLE 11. CANNABIS EXCISE TAX
2023 IN 308—LS 7125/DI 106 6
1 Chapter 1. Imposition and Collection of Tax
2 Sec. 1. The following definitions apply throughout this article:
3 (1) "Department" refers to the department of state revenue.
4 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
5 (3) "Retailer permittee" means a person who holds a cannabis
6 retailer permit issued under IC 7.1-8-15.
7 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
8 a rate of ten percent (10%) of the sales price per ounce of cannabis.
9 This tax shall be paid to the department by the retailer permittee
10 who sells the cannabis.
11 Sec. 3. (a) Every person subject to the tax under this article shall
12 remit the tax owed to the department before the fifteenth day of
13 the month following the month in which the cannabis is sold.
14 (b) The department shall prescribe the return to be filed for the
15 payment of the tax.
16 Sec. 4. The amounts received from the tax imposed by this
17 article shall be transferred by the auditor of state to the cannabis
18 regulation fund established by IC 7.1-8-2-10.
19 Sec. 5. The department has full power to administer and enforce
20 this chapter, to collect all taxes and penalties due, and to dispose of
21 taxes and penalties so collected as provided by law. The tax is a
22 listed tax for purposes of IC 6-8.1.
23 Sec. 6. Except as otherwise provided in this article, a tax
24 imposed under this chapter shall be imposed, paid, and collected in
25 the same manner that the state gross retail tax is imposed, paid,
26 and collected under IC 6-2.5.
27 Sec. 7. The department shall adopt rules under IC 4-22-2 to
28 implement this article.
29 SECTION 4. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
30 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
31 2023]:
32 ARTICLE 8. CANNABIS
33 Chapter 1. Definitions
34 Sec. 1. The following definitions apply throughout this article
35 unless the context clearly requires otherwise:
36 (1) "Applicant" means a person who applies for a permit
37 under this article.
38 (2) "Batch" means cannabis plants that have been grown
39 together.
40 (3) "Cannabis" means any part of the plant genus Cannabis
41 whether growing or not, the seeds thereof, and any compound,
42 manufacture, salt, derivative, mixture, or preparation of the
2023 IN 308—LS 7125/DI 106 7
1 plant or its seeds. However, the term does not include:
2 (A) the mature stalks of the plant;
3 (B) fiber produced from the stalks;
4 (C) oil or cake made from the seeds of the plant;
5 (D) any other compound, manufacture, salt, derivative,
6 mixture, or preparation of the mature stalks (except the
7 resin extracted therefrom);
8 (E) the sterilized seed of the plant which is incapable of
9 germination;
10 (F) hemp (as defined in IC 15-15-13-6);
11 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
12 or
13 (H) smokable hemp (as defined in IC 35-48-1-26.6).
14 (4) "Cannabis canopy" means the surface area used to grow
15 cannabis plants calculated in square feet and measured using
16 the outside boundaries of any area that includes cannabis
17 plants, including all of the space within the boundaries. If
18 cannabis is grown in a multilevel grow facility, the surface
19 area used to grow cannabis on each level shall be calculated
20 separately and added together to determine the size of the
21 cannabis canopy.
22 (5) "Cannabis permittee" means an individual, partnership,
23 company, or corporation permitted to grow, process,
24 transport, or sell cannabis for commercial purposes in
25 Indiana.
26 (6) "Carrier" means a person who is engaged in the
27 transportation of cannabis or cannabis products between a
28 grower, a processor, and a retailer and holds a permit issued
29 under IC 7.1-8-14.
30 (7) "Commission" means the cannabis commission established
31 by IC 7.1-8-2-1.
32 (8) "Crop" means any cannabis grown under a single permit.
33 (9) "Grower" means an individual, partnership, company, or
34 corporation that produces cannabis for commercial purposes
35 and that holds a permit issued under IC 7.1-8-12.
36 (10) "Integrated permittee" means a permittee who
37 simultaneously holds a grower permit, a processor permit,
38 and a retailer permit.
39 (11) "Permit" means a written authorization issued by the
40 commission entitling the holder to grow, process, transport,
41 sell, test, or otherwise deal in cannabis, as provided in this
42 article.
2023 IN 308—LS 7125/DI 106 8
1 (12) "Permittee" means a person who holds a valid permit
2 under this article, including an agent of, employee of, or
3 another person acting on behalf of a permittee.
4 (13) "Processor" means an individual, partnership, company,
5 or corporation holding a permit issued under IC 7.1-8-13 that
6 obtains cannabis from a grower and:
7 (A) extracts botanical compounds or cannabinoids from
8 the cannabis;
9 (B) creates a cannabis infused product; or
10 (C) prepares or packages cannabis for retail sale for sale
11 or transfer.
12 (14) "Retailer" means an individual, partnership, company,
13 or corporation that holds a permit under IC 7.1-8-15 and that,
14 in the ordinary course of the person's regular trade or
15 business:
16 (A) acquires any form of cannabis for the purpose of
17 resale; and
18 (B) transfers the cannabis to another person for money or
19 other consideration.
20 (15) "Statewide monitoring system" means the statewide
21 cannabis tracking and monitoring system established under
22 IC 7.1-8-17.
23 Chapter 2. Cannabis Commission
24 Sec. 1. The cannabis commission is established.
25 Sec. 2. (a) The commission consists of four (4) members
26 appointed by the governor.
27 (b) The governor shall appoint one (1) of the members to serve
28 as chairperson of the commission. The governor also shall appoint
29 one (1) of the members to serve as chairperson pro tempore in the
30 absence of the chairman.
31 Sec. 3. (a) A commissioner is eligible for reappointment.
32 (b) Not more than two (2) commissioners may be members of
33 the same political party.
34 (c) A commissioner shall be appointed to a four (4) year term
35 and may be removed only for cause. An appointment to fill a
36 vacancy shall be made in the same manner that an original
37 appointment is made. A member appointed to fill a vacancy in the
38 membership of the commission may serve only for the unexpired
39 portion of the original, vacated term, but may be reappointed.
40 Sec. 4. To be eligible for appointment as a commissioner an
41 individual must have the following qualifications:
42 (1) The individual may not be employed by the state in any
2023 IN 308—LS 7125/DI 106 9
1 other capacity.
2 (2) The individual must have been an Indiana resident for at
3 least ten (10) years immediately preceding the appointment.
4 (3) The individual may not have a financial interest in a
5 cannabis permittee or in an entity governed by:
6 (A) this title;
7 (B) IC 4-29;
8 (C) IC 4-29.5;
9 (D) IC 4-31;
10 (E) IC 4-32.3;
11 (F) IC 4-33;
12 (G) IC 4-35; or
13 (H) IC 4-36.
14 (4) The individual may not have been convicted within ten
15 (10) years before the date of appointment of:
16 (A) a federal crime having a sentence of greater than one
17 (1) year;
18 (B) a Class A, Class B, or Class C felony (for a crime
19 committed before July 1, 2014) or a Level 1, Level 2, Level
20 3, Level 4, or Level 5 felony (for a crime committed after
21 June 30, 2014); or
22 (C) a crime in another state that is substantially similar to
23 a crime described in clause (B).
24 Sec. 5. As compensation for services, each commissioner is
25 entitled to the minimum salary per diem provided by
26 IC 4-10-11-2.1(b). A commissioner is also entitled to
27 reimbursement for traveling expenses as provided under
28 IC 4-13-1-4 and other expenses actually incurred in connection
29 with the commissioner's duties as provided in the state policies and
30 procedures established by the department of administration and
31 approved by the budget agency.
32 Sec. 6. (a) Each commissioner shall execute a surety bond in the
33 amount of ten thousand dollars ($10,000), with surety approved by
34 the governor, and an oath of office, both of which shall be filed in
35 the office of the secretary of state.
36 (b) The required surety bond executed and filed on behalf of a
37 commissioner, an enforcement officer (under IC 7.1-8-5), or the
38 prosecutor (under IC 7.1-8-3) shall be made payable to the State of
39 Indiana and conditioned upon the faithful discharge of the bonded
40 party's respective duties.
41 Sec. 7. The commission shall hold regular meetings on at least
42 a quarterly basis. The commission may hold special meetings
2023 IN 308—LS 7125/DI 106 10
1 whenever the commission deems it necessary. The procedure for
2 the calling of a special meeting shall be provided for in the rules of
3 the commission. The commission has the power to adjourn, from
4 time to time, both regular and special meetings. In no event,
5 however, shall the adjournment be later than the next regular
6 meeting date.
7 Sec. 8. (a) Three (3) members of the commission constitute a
8 quorum for the transaction of business.
9 (b) Each commissioner has one (1) vote.
10 (c) Action of the commission may be taken only upon the
11 affirmative votes of at least two (2) commissioners. If a vote of the
12 commission is a tie, the position for which the chairperson voted
13 prevails, as long as that position has received the affirmative votes
14 of at least two (2) commissioners.
15 Sec. 9. A commissioner may not solicit or accept a political
16 contribution from any person or entity that has a permit or has
17 applied for a permit issued by the commission. However, the right
18 of a commissioner to vote as the commissioner chooses and to
19 express the commissioner's opinions on political subjects and
20 candidates may not be impaired.
21 Sec. 10. (a) As used in this section, "fund" means the cannabis
22 regulation fund established by subsection (b).
23 (b) The cannabis regulation fund is established for the purpose
24 of implementing, administering, and enforcing this article. The
25 fund shall be administered by the commission.
26 (c) The fund consists of taxes, fees, and civil penalties collected
27 under this article.
28 (d) The expenses of administering the fund shall be paid from
29 money in the fund.
30 (e) The treasurer of state shall invest money in the fund not
31 currently needed to meet the obligations of the fund in the same
32 manner as other public money may be invested. Interest that
33 accrues from these investments shall be deposited in the fund.
34 (f) Money in the fund at the end of a state fiscal year does not
35 revert to the state general fund. However, the treasurer shall
36 distribute money in the fund at the end of a state fiscal year as
37 follows:
38 (1) Fifteen percent (15%) to prosecuting attorneys in counties
39 in which a cannabis retail facility is located, allocated in
40 proportion to the number of cannabis retail facilities within
41 the county as compared to the total number of cannabis retail
42 facilities in Indiana.
2023 IN 308—LS 7125/DI 106 11
1 (2) Fifteen percent (15%) to cities, towns, and counties (if a
2 facility is not located in a city or town) in which a cannabis
3 growing facility, processing facility, or retail facility is
4 located, allocated in proportion to the number of growing
5 facilities, processing facilities, and retail facilities in Indiana.
6 (3) Fifteen percent (15%) to:
7 (A) the sheriff of a county that does not contain a
8 consolidated city; or
9 (B) the chief of police of a consolidated city in a county that
10 contains a consolidated city.
11 (4) Fifteen percent (15%) to the Indiana department of health
12 to be used:
13 (A) to develop, in consultation with the department of
14 education, a cannabis abuse prevention and education
15 program for youth; and
16 (B) by the division of mental health and addiction.
17 (5) Forty percent (40%) to the state general fund.
18 Chapter 3. Office of the Prosecutor
19 Sec. 1. The office of the prosecutor is established within the
20 commission.
21 Sec. 2. The prosecutor shall be appointed by the governor for a
22 term of four (4) years to be served at the pleasure of the governor.
23 The prosecutor must be a resident of Indiana and licensed to
24 practice law in Indiana.
25 Sec. 3. The prosecutor shall execute a surety bond in the amount
26 of five thousand dollars ($5,000), with surety approved by the
27 governor, and an oath of office, both of which shall be filed in the
28 office of the secretary of state.
29 Sec. 4. As compensation for services, the prosecutor shall
30 receive an annual salary to be fixed in the same manner that the
31 salaries of other state officials are fixed. In addition to the annual
32 salary, the prosecutor shall be reimbursed for traveling and other
33 expenses necessarily incurred while away from the office carrying
34 out prosecutorial duties.
35 Sec. 5. The prosecutor has the following powers and duties:
36 (1) To prosecute before the commission all violations of laws
37 pertaining to cannabis or cannabis products.
38 (2) To prosecute before the commission all violations of the
39 rules of the commission.
40 (3) To assist the prosecuting attorneys of the various judicial
41 circuits in the investigation and prosecution of violations of
42 laws pertaining to cannabis or cannabis products.
2023 IN 308—LS 7125/DI 106 12
1 (4) To appear before grand juries to assist in their
2 investigations into matters pertaining to cannabis or cannabis
3 products.
4 (5) To establish a seal of office.
5 (6) To administer oaths and to do all other acts authorized by
6 law for notaries public.
7 (7) To employ, with the consent of the commission and at
8 salaries fixed by the commission in its budget, the clerical staff
9 required to effectively discharge the duties of the prosecutor.
10 Sec. 6. The commission shall provide the prosecutor with
11 appropriate office space and all necessary office supplies and
12 services. All claims for salaries and necessary expenses of the office
13 of the prosecutor shall be allowed and approved and paid by the
14 commission.
15 Chapter 4. Executive Director
16 Sec. 1. The commission shall employ an executive director to aid
17 the commission in the efficient administration of its powers and
18 duties.
19 Sec. 2. The executive director's compensation shall be approved
20 annually by the commission.
21 Sec. 3. The commission may by resolution assign to the executive
22 director any duty imposed upon the commission by this article.
23 Sec. 4. The executive director shall perform the duties assigned
24 to the executive director by the commission. The executive director
25 may exercise any power conferred upon the commission by this
26 article that is consistent with the duties assigned to the executive
27 director under this chapter.
28 Sec. 5. In addition to any salary paid under this chapter, the
29 executive director is entitled to reimbursement for traveling
30 expenses and other expenses actually incurred in connection with
31 the executive director's duties, as provided in the state travel
32 policies and procedures established by the department of
33 administration and approved by the budget agency.
34 Chapter 5. Enforcement Officers
35 Sec. 1. The commission may employ a superintendent of the
36 enforcement officers and qualified individuals to serve as
37 enforcement officers of the commission.
38 Sec. 2. The superintendent of the enforcement officers must
39 have at least ten (10) years experience as an active law enforcement
40 officer, at least five (5) years of which must have been in a
41 management capacity.
42 Sec. 3. An enforcement officer who has completed the required
2023 IN 308—LS 7125/DI 106 13
1 training at the Indiana law enforcement academy is vested with full
2 police powers and duties to enforce:
3 (1) the provisions of this article; and
4 (2) any other Indiana law relating to cannabis and cannabis
5 products.
6 Sec. 4. An enforcement officer may issue a summons for
7 infraction or misdemeanor violations if the defendant promises to
8 appear by signing the summons. A defendant who fails to appear
9 is subject to the penalties provided by IC 35-44.1-2-10. Upon
10 failure to appear, the court shall issue a warrant for the arrest of
11 the defendant.
12 Sec. 5. An enforcement officer may act as an officer for the
13 arrest of offenders against Indiana law if the enforcement officer
14 reasonably believes that a crime is or is about to be committed or
15 attempted in the enforcement officer's presence.
16 Sec. 6. Each enforcement officer shall execute a surety bond in
17 the amount of one thousand dollars ($1,000), with surety approved
18 by the commission, and an oath of office, both of which shall be
19 filed with the commission.
20 Sec. 7. An eligible enforcement officer who retires with at least
21 twenty (20) years of service as an enforcement officer may retain
22 the officer's service weapon. The officer is entitled to receive, in
23 recognition of the officer's service to the commission and to the
24 public, a badge that indicates that the officer is retired. The
25 commission shall issue the officer who is retiring an identification
26 card stating the officer's name and rank, signifying that the officer
27 is retired, and noting the officer's authority to retain the service
28 weapon.
29 Sec. 8. The commission has the power to employ and remove at
30 will all necessary employees, and to fix their duties, authority, and,
31 with proper approval, compensation.
32 Sec. 9. The superintendent of the enforcement officers may
33 discharge a nonprobationary enforcement officer for just cause.
34 The commission shall adopt rules to establish a probationary
35 period and a procedure for the adjudication of the propriety of the
36 discharge of a nonprobationary enforcement officer.
37 Sec. 10. (a) The commission shall categorize salaries of
38 enforcement officers within each rank based upon the rank held
39 and the number of years of service in the commission through the
40 twentieth year. The salary ranges that the commission assigns to
41 each rank shall be divided into a base salary and twenty (20)
42 increments above the base salary with:
2023 IN 308—LS 7125/DI 106 14
1 (1) the base salary in the rank paid to a person with less than
2 one (1) year of service in the commission; and
3 (2) the highest salary in the rank paid to a person with at least
4 twenty (20) years of service in the commission.
5 (b) The salary matrix prescribed by this section shall be
6 reviewed and approved by the budget agency before
7 implementation.
8 (c) The salary matrix prescribed by this section must have
9 parity with the salary matrix prescribed by the natural resources
10 commission under IC 14-9-8 for conservation officers of the
11 department of natural resources. The budget agency shall approve
12 a salary matrix that meets the parity requirement of this
13 subsection.
14 Chapter 6. Duties and Responsibilities of the Commission
15 Sec. 1. The chairperson is the presiding officer at the meetings
16 of the commission. The chairperson shall prepare, certify, and
17 authenticate all proceedings, minutes, records, and rules of the
18 commission. The chairperson or the chairperson's designee also
19 shall perform all other duties as imposed by this article.
20 Sec. 2. The commission has the power to organize its work and
21 carry on the functions of the commission and to enforce and
22 administer the provisions of this article and the rules of the
23 commission.
24 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
25 power to prescribe the forms for all applications, permits, licenses,
26 certificates, and other documents and records used in the
27 administration of this article.
28 Sec. 4. The commission has the power to:
29 (1) hold hearings before the commission or its representative;
30 (2) take testimony and receive evidence;
31 (3) conduct inquiries with or without hearings;
32 (4) receive reports of investigators or other governmental
33 officers and employees;
34 (5) administer oaths;
35 (6) subpoena witnesses and compel them to appear and
36 testify;
37 (7) issue and enforce subpoenas duces tecum;
38 (8) take or institute proceedings to enforce subpoenas and the
39 rules, orders, or requirements of the commission or its
40 representative;
41 (9) fix the compensation paid to witnesses appearing before
42 the commission;
2023 IN 308—LS 7125/DI 106 15
1 (10) establish and use the seal of the commission;
2 (11) certify copies of records of the commission or any other
3 document or record on file with the commission;
4 (12) fix the form, mode, manner, time, and number of times
5 for the posting or publication of any required notices if not
6 otherwise provided in this article;
7 (13) issue letters of extension as authorized by this article; and
8 (14) hold permits on deposit as authorized by this article.
9 Sec. 5. (a) The commission shall prepare a quarterly report that
10 describes the violations by permittees subject to an enforcement
11 action under this article. Beginning in January 2024, the
12 commission shall issue the quarterly reports on or before the
13 fifteenth day of:
14 (1) January, concerning violations committed during the
15 preceding quarter consisting of the months of October
16 through December;
17 (2) April, concerning violations committed during the
18 preceding quarter consisting of the months of January
19 through March;
20 (3) July, concerning violations committed during the
21 preceding quarter consisting of the months of April through
22 June; and
23 (4) October, concerning violations committed during the
24 preceding quarter consisting of the months of July through
25 September.
26 (b) The commission's quarterly report must provide
27 noncompliance violations by:
28 (1) business listing;
29 (2) permit type; and
30 (3) county.
31 (c) The commission shall post the quarterly reports on the
32 commission's website. The commission shall:
33 (1) prepare a report annually that compiles the violations for
34 the preceding calendar year; and
35 (2) provide the report to the legislative council not later than
36 February 1 of each year in an electronic format under
37 IC 5-14-6.
38 Sec. 6. The commission has the authority to petition the circuit
39 or superior court of the county in which the hearing or
40 investigation is being held to compel obedience to the lawful
41 requirements of its subpoena under this chapter.
42 Sec. 7. The commission is responsible for the enforcement and
2023 IN 308—LS 7125/DI 106 16
1 administration of this article.
2 Sec. 8. The commission shall adopt rules in accordance with
3 IC 4-22-2 to implement and administer this article.
4 Sec. 9. The commission has the power to adopt rules governing
5 the following:
6 (1) The conduct of the meetings and business of the
7 commission.
8 (2) The conduct of hearings before any of the commission's
9 representatives.
10 (3) The conduct of the business of a permittee authorized or
11 governed by the provisions of this article.
12 (4) The enforcement of the provisions of this article and of the
13 rules of the commission.
14 (5) The standards of purity and methods of processing used in
15 the production of cannabis and cannabis products.
16 (6) The prevention of misbranding or adulteration of cannabis
17 and cannabis products.
18 (7) The prevention of fraud, evasion, trickery, or deceit in the
19 processing, labeling, advertisement, transportation, or sale of
20 cannabis or cannabis products, or the evasion of other
21 Indiana law relating to cannabis or cannabis products.
22 Sec. 10. The commission shall adopt rules to do the following:
23 (1) Establish safety and security standards for facilities used
24 for the growth, processing, testing, storage, or sale of
25 cannabis.
26 (2) Mandate periodic training for persons employed in a
27 facility used for the growth, processing, testing, storage, or
28 sale of cannabis.
29 (3) Establish or approve training and other programming for
30 persons employed in a facility used for the growth, processing,
31 testing, storage, or sale of cannabis.
32 Chapter 7. Regulation of Permits and Permittees
33 Sec. 1. The commission has the discretionary authority to issue,
34 deny, suspend, revoke, or not renew all permits and certificates
35 authorized by this article, unless the exercise of discretion or
36 authority is limited by applicable provisions of this article.
37 Sec. 2. (a) The commission shall prepare and maintain, available
38 for public inspection, a registry of all permits issued by the
39 commission, categorized by type of permit and by the type of
40 establishment to which the permit is issued. The registry of permits
41 must:
42 (1) be subdivided on a county by county basis, and further
2023 IN 308—LS 7125/DI 106 17
1 subdivided by city, town, and unincorporated area;
2 (2) contain the number of permits authorized by the quota,
3 and the number of permits currently issued;
4 (3) contain the name of the owner of the permit, the address
5 of the permitted premises, the assumed business name under
6 which the business is conducted, and, if a corporation, the
7 names of the president and secretary; and
8 (4) be made current annually, to indicate by specific notation
9 any new permits that were issued or any existing permits that
10 were transferred in any manner within the prior year.
11 (b) The registry of permits is a public record.
12 Sec. 3. The commission has the power to investigate applicants
13 and permittees, and any violation of a provision of this article and
14 of the rules of the commission, and to report its findings to the
15 prosecuting attorney or the grand jury of the county in which the
16 violation occurred, or to the attorney general.
17 Sec. 4. The commission has the power to prohibit the sale,
18 transportation, or movement of cannabis when, in the judgment of
19 the commission, it is necessary during a time of public emergency,
20 civil disturbance, riot, or epidemic. The prohibition may be
21 imposed without prior notice or advertisement and may be
22 continued in force as long as the need continues.
23 Sec. 5. (a) The commission has the power to examine, inspect,
24 and search a permitted premises or a vehicle where cannabis or
25 cannabis products are kept, processed, or sold.
26 (b) The commission has the power to seize cannabis or cannabis
27 products, or any other personal property when the seizure is lawful
28 under the provisions of this article.
29 Sec. 6. The commission has the power to prevent a part of the
30 premises connected with, or in any way used in connection with, a
31 permitted premises, from being used as a subterfuge or means of
32 evading the provisions of this article or of the rules of the
33 commission.
34 Sec. 7. The commission has the power to set standards of
35 cleanliness and sanitation for a permitted premises and for the
36 apparatus, equipment, utensils, accessories, articles, and fixtures
37 used or employed in the permitted premises.
38 Sec. 8. The commission has the power to require the destruction
39 or removal of cases, containers, apparatus, or devices, used or
40 likely to be used, in evading, violating, or preventing the
41 enforcement of the provisions of this article or of the rules of the
42 commission.
2023 IN 308—LS 7125/DI 106 18
1 Sec. 9. (a) The commission has the power to regulate and
2 prohibit advertising, signs, displays, posters, and designs intended
3 to advertise cannabis, a cannabis product, or the place where
4 cannabis or cannabis products are sold.
5 (b) The commission may not exercise the prohibition power
6 contained in subsection (a) as to any advertisement broadcast over
7 licensed radio and television stations.
8 (c) All advertisements relating to cannabis or cannabis products
9 must conform to the rules of the commission.
10 (d) The commission shall not exercise the prohibition power
11 contained in subsection (a) as to advertising in the official program
12 of the Indianapolis 500 Race.
13 (e) Notwithstanding any other law, the commission may not
14 prohibit the use of an illuminated sign advertising cannabis or
15 cannabis products by brand name that is displayed within the
16 interior or on the exterior of the premises covered by the permit,
17 regardless of whether the sign is illuminated constantly or
18 intermittently.
19 (f) The commission may not prohibit the advertisement of:
20 (1) cannabis or cannabis products; or
21 (2) a place where cannabis or cannabis products may be
22 obtained;
23 in a program, scorecard, handbill, throw-away newspaper, or
24 menu. However, advertisements described in this subsection must
25 conform to the rules of the commission.
26 (g) Cannabis or cannabis products must be marketed or
27 advertised as "cannabis" for use only by persons at least
28 twenty-one (21) years of age.
29 (h) Cannabis or cannabis products may not be marketed or
30 advertised to persons less than twenty-one (21) years of age. The
31 commission shall determine whether a sponsorship is marketed or
32 advertised to a person less than twenty-one (21) years of age.
33 (i) Cannabis or cannabis products may not be advertised on any
34 television program, radio program, website, or print publication
35 unless there is reliable evidence that seventy percent (70%) of the
36 audience is reasonably expected to be at least twenty-one (21) years
37 of age.
38 (j) Any cannabis or cannabis products advertised must bear a
39 warning label stating the following:
40 "For use by adults only. Keep out of reach of children. It is
41 illegal to drive a motor vehicle while under the influence of
42 cannabis. National Poison Control Center 1-800-222-1222.".
2023 IN 308—LS 7125/DI 106 19
1 Sec. 10. (a) As used in this section, "facility" includes the
2 following:
3 (1) A facility permitted under this article.
4 (2) A tract that contains a premises permitted under this
5 article.
6 (3) A horse track or satellite facility.
7 (4) A riverboat or racetrack.
8 (5) A tract that contains an entertainment complex.
9 (b) As used in this section, "tract" has the meaning set forth in
10 IC 6-1.1-1-22.5.
11 (c) A facility may advertise cannabis or cannabis products:
12 (1) in the facility's interior; or
13 (2) on the facility's exterior.
14 (d) The commission may not exercise the prohibition power
15 contained in this chapter on advertising by a permittee in or on a
16 facility.
17 (e) A facility may provide advertising to a permittee in exchange
18 for compensation from that permittee.
19 Sec. 11. The commission has the power to require the
20 registration of all brands, formulas, analyses, and labels used or
21 proposed to be used in selling or advertising cannabis or cannabis
22 products. The commission does not have the power to require the
23 disclosure of formulas that are verified trade secrets.
24 Sec. 12. The commission has the power to regulate the modes
25 and methods of dealing in, and the transportation of, cannabis and
26 cannabis products.
27 Sec. 13. The commission has the power to:
28 (1) prescribe the manner and methods by which all records
29 relating to cannabis or cannabis products are kept and
30 preserved;
31 (2) inspect all records relating to cannabis or cannabis
32 products; and
33 (3) require true copies of any record to be made and furnished
34 to the commission.
35 Sec. 14. The commission may require that, before the
36 transportation of cannabis or cannabis products into Indiana by an
37 authorized permittee, the permittee shall submit written, verified
38 information concerning the proposed transportation and execute
39 and file any documents required. The commission has the power to
40 inspect the shipments in transit and the vehicle used in the
41 transportation.
42 Sec. 15. The commission, unless otherwise specifically
2023 IN 308—LS 7125/DI 106 20
1 prohibited, may delegate the powers and duties conferred on it in
2 this article to responsible employees of the commission. However,
3 the commission bears ultimate responsibility.
4 Sec. 16. The members of the commission and their officers and
5 employees are immune from civil liability for an act or omission
6 done under the authority, or the color of authority, conferred by
7 this article or by a rule or order of the commission, unless the act
8 or omission constitutes gross negligence or willful or wanton
9 misconduct.
10 Sec. 17. The commission and the chairperson have, in addition
11 to the express powers enumerated in this article, the authority to
12 exercise all powers necessary and proper to carry out the policies
13 of this article and to promote efficient administration by the
14 commission.
15 Chapter 8. Searches and Seizures
16 Sec. 1. A circuit or superior court may issue a warrant to search
17 a house or other place for cannabis, cannabis products, or another
18 article that is being possessed, kept, sold, bartered, given away,
19 used, or transported in violation of this article.
20 Sec. 2. The warrant shall be directed to the officer, agent, or
21 employee of the commission who filed the affidavit for the warrant
22 and otherwise it shall be directed to any officer who has the power
23 to serve criminal process. The warrant shall be served by the
24 person to whom it was issued in the daytime or nighttime and the
25 return made within twenty (20) days from the date of issue.
26 Sec. 3. The officer who serves the warrant shall seize any article
27 described in the warrant and any other article found during the
28 search that is used in the violation of a provision of this article and
29 hold in the same manner as other items seized pursuant to a search
30 warrant are held.
31 Sec. 4. A person has no property right of any kind in:
32 (1) cannabis or a cannabis product possessed contrary to law;
33 (2) a receptacle or container holding cannabis or a cannabis
34 product possessed contrary to law;
35 (3) an unlawful or prohibited receptacle or container; or
36 (4) a receptacle or container that violates a rule of the
37 commission or that is being used in a manner that violates a
38 rule of the commission.
39 Sec. 5. Testimony concerning the appearance, taste, or odor of
40 cannabis or a cannabis product is admissible as evidence in a
41 criminal prosecution or in a proceeding before the commission.
42 Sec. 6. An unbroken cannabis container with a label altered so
2023 IN 308—LS 7125/DI 106 21
1 that it does not describe the cannabis accurately is admissible as
2 evidence in a court.
3 Sec. 7. The court shall receive oral testimony upon a matter
4 referred to in this chapter for the purpose of showing a violation of
5 this article whether the container is offered in evidence or not.
6 Sec. 8. (a) If a substance is removed or destroyed before it is
7 able to be seized under this chapter, the trier of fact may infer that
8 the substance was cannabis or a cannabis product possessed in
9 violation of this article.
10 (b) Proof of the possession of an empty container permits a trier
11 of fact to infer that the person who possessed the container
12 possessed cannabis.
13 Chapter 9. Public Nuisances
14 Sec. 1. The following are declared to be a public nuisance:
15 (1) A premises, vehicle, or place of any kind where at least one
16 (1) of the following occurs:
17 (A) Cannabis or a cannabis product of any type is
18 possessed in violation of Indiana law or a rule of the
19 commission.
20 (B) A person is permitted to use the premises, vehicle, or
21 place for the purpose of consuming cannabis or cannabis
22 products in violation of Indiana law or a rule of the
23 commission.
24 (2) A place where cannabis or cannabis products are kept for
25 delivery in violation of Indiana law or in violation of a rule of
26 the commission.
27 (3) The business property of a person who knowingly or
28 intentionally possesses cannabis or cannabis products in
29 violation of Indiana law or a rule of the commission.
30 Sec. 2. The plaintiff in an action to abate a public nuisance
31 under this chapter must prove that the owner of the business had
32 actual knowledge of the actions alleged to constitute a nuisance.
33 Sec. 3. In determining whether an owner should be held liable
34 for failing to abate a public nuisance under this chapter, the court
35 shall consider the efforts the owner took to abate the public
36 nuisance, including whether the law enforcement agency that
37 serves the owner's property was notified by the owner or the
38 owner's employee of the actions alleged to constitute the public
39 nuisance.
40 Sec. 4. If a permittee violates this article on a premises or in a
41 vehicle where cannabis or a cannabis product is kept, the premises
42 or vehicle is a public nuisance.
2023 IN 308—LS 7125/DI 106 22
1 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
2 and the premises or vehicle where it is kept constitute a public
3 nuisance.
4 Sec. 6. (a) The following may bring an action to abate a common
5 nuisance or a violation of this article:
6 (1) The commission.
7 (2) The chairperson of the commission.
8 (3) The attorney general.
9 (4) The prosecuting attorney exercising jurisdiction in the
10 county where the common nuisance or violation occurs.
11 (5) A permittee.
12 (6) A resident of the county where the common nuisance or
13 violation occurs.
14 (b) The court may grant a temporary restraining order, a
15 preliminary injunction, a permanent injunction, and any other
16 relief authorized under Indiana law.
17 Sec. 7. A prevailing plaintiff in an action brought to abate a
18 nuisance is entitled to, at the discretion of the court:
19 (1) an order that the premises be closed for a period of one (1)
20 year; or
21 (2) an order that the premises be closed for a period of less
22 than one (1) year and an award of liquidated damages in an
23 amount of not less than one thousand dollars ($1,000) and not
24 more than twenty-five thousand dollars ($25,000) to the State
25 of Indiana.
26 Sec. 8. An action authorized by this chapter shall be brought in
27 the name of the state on the relation of the commission. The
28 commission may be represented by an attorney selected by it, by
29 the attorney general, or by a deputy or assistant attorney general
30 assigned by the attorney general for the purpose of instituting or
31 conducting the action, or by both.
32 Sec. 9. The remedies authorized by this chapter are cumulative
33 and nonexclusive. The remedies provided in this article do not
34 affect the power of the commission to revoke a permit.
35 Chapter 10. Jurisdiction and Miscellaneous Judicial
36 Proceedings
37 Sec. 1. An action brought against the commission, or against the
38 chairperson as the chairperson, shall be brought in the circuit or
39 superior court of Marion County unless otherwise specifically
40 provided in this article.
41 Sec. 2. The commission may bring an action for declaratory
42 judgment under IC 34-14-1-1.
2023 IN 308—LS 7125/DI 106 23
1 Chapter 11. Issuance of Permits Generally
2 Sec. 1. (a) The commission may issue only the types of permits
3 authorized by this article subject to the applicable provisions of
4 this article.
5 (b) Beginning July 1, 2023, the commission shall accept
6 applications for cannabis permits.
7 Sec. 2. A permit:
8 (1) is a revocable privilege granted by the state; and
9 (2) is not a property right.
10 Sec. 3. The commission may issue a permit under this article
11 only to:
12 (1) an individual;
13 (2) a partnership;
14 (3) a limited liability company; or
15 (4) a corporation organized and existing under Indiana law.
16 Sec. 4. The following definitions apply throughout this chapter:
17 (1) "Minority" means a person identified as:
18 (A) Black;
19 (B) Native American;
20 (C) Asian American; or
21 (D) Hispanic.
22 (2) "Owned and controlled" means:
23 (A) ownership of at least fifty-one percent (51%) of the
24 enterprise, including corporate stock of a corporation;
25 (B) control over the management and being active in the
26 day to day operations of the business; and
27 (C) an interest in the capital, assets, and profits and losses
28 of the business proportionate to the percentage of
29 ownership.
30 (3) "Veteran" means an individual who:
31 (A) has previously:
32 (i) served on active duty in any branch of the armed
33 forces of the United States or their reserves, or in the
34 national guard; and
35 (ii) received an honorable discharge from service; or
36 (B) is currently serving in:
37 (i) any branch of the armed forces of the United States or
38 their reserves; or
39 (ii) the national guard.
40 Sec. 5. (a) Except as provided in subsection (b), the commission
41 shall issue not less than fifteen percent (15%) of allowable permits
42 under this article to businesses owned and controlled by one (1) or
2023 IN 308—LS 7125/DI 106 24
1 more:
2 (1) minorities; or
3 (2) veterans.
4 (b) If an insufficient number of qualifying applications are by a
5 person described in subsection (a), the commission shall issue
6 permits in the usual way.
7 Sec. 6. (a) Except as otherwise provided in this article, a permit
8 issued by the commission is valid for one (1) calendar year,
9 including the day upon which it is granted. At the end of the one (1)
10 year period, the permit expires and is void.
11 (b) The commission shall timely process a permittee's
12 application for renewal of a permit unless the permittee receives a
13 notice of a violation from the office of the prosecutor.
14 (c) The commission may timely process an application for
15 renewal of a permit filed by a permittee that receives notice of a
16 violation as described in subsection (f) if the chairperson or the
17 chairperson's designee authorizes the application for renewal of
18 the permit to be timely processed.
19 (d) A permittee may file an application for renewal of a permit
20 not later than thirty (30) days after the date the permit expires.
21 (e) If a permittee does not file an application for renewal of a
22 permit within the time provided in subsection (d), the permit
23 reverts to the commission. At least thirty (30) days before the date
24 that a permit reverts to the commission, the commission shall
25 provide written notice to the permittee informing the permittee of
26 the date that the permittee's permit will revert to the commission.
27 (f) The chairperson or the chairperson's designee may allow the
28 permittee to renew the permit after the date the permit expires
29 only if the permittee provides evidence that the permittee is
30 engaged in an administrative or court proceeding that prevents the
31 permittee from renewing the permit.
32 (g) A permit is effective upon the final approval of the
33 commission. Upon final approval of a permit, and upon the request
34 of the permittee, the commission shall provide the permittee with
35 a letter of authority to operate. The letter of authority to operate
36 constitutes authorization for the permittee to perform the actions
37 allowed under the permit until the date the permittee receives the
38 permit issued by the commission.
39 Sec. 7. (a) The chairperson or the chairperson's designee may
40 issue an original letter of extension extending the term of a permit
41 for a maximum period of ninety (90) days for good cause shown
42 upon the written request of the permittee and payment of the fee,
2023 IN 308—LS 7125/DI 106 25
1 if required.
2 (b) Upon the expiration of an original letter of extension, or any
3 renewal thereof, if good cause still exists, subsequent renewals of
4 the extension may be granted to the permittee only upon the
5 affirmative vote of a majority of the members of the commission.
6 Sec. 8. The commission shall issue a permit authorized by this
7 article only upon proper application. The application shall be in
8 writing, and verified, upon forms prescribed and furnished by the
9 commission. The application shall contain the terms and
10 information required by this article or by the rules of the
11 commission. The appropriate surety bond, if required, must be
12 submitted with the application.
13 Sec. 9. An application for a permit shall contain the express
14 statement of the applicant that, if a permit is issued to the
15 applicant, the applicant consents for the duration of the permit
16 term to the entrance, inspection, and search by an enforcement
17 officer, without a warrant or other process, of the applicant's
18 permitted premises and vehicles to determine whether the
19 applicant is complying with the provisions of this article. The
20 consent required by this section is renewed and continued by the
21 retention of a permit or its use by a permittee.
22 Sec. 10. An application for a permit to sell cannabis or cannabis
23 products of any kind, and the required publication of notice, must
24 disclose the name of the applicant and the specific property
25 address where the cannabis or cannabis products are to be sold,
26 and any assumed business name under which the business will be
27 conducted. The application and notice also must disclose:
28 (1) the names of the executive officers of the corporation,
29 company, or other entity responsible to the public for the sale
30 of cannabis or the cannabis product; and
31 (2) the website where a member of the public may access the
32 information in subdivision (1).
33 Sec. 11. An applicant must have a vested legal interest in the
34 property address listed on the permit application.
35 Sec. 12. (a) As used in this section, "immediate family member"
36 means a spouse, parent, child, sibling, father-in-law, or
37 mother-in-law.
38 (b) The commission may not issue a permit under this chapter
39 to an individual who is an immediate family member of a current
40 permittee.
41 Sec. 13. (a) On receipt of a completed permit application under
42 this chapter, the commission shall forward a copy of the
2023 IN 308—LS 7125/DI 106 26
1 application to the state police department.
2 (b) The state police department shall perform a national
3 criminal history background check of the applicant and return the
4 application to the commission along with the results from the
5 national criminal history background check. The commission is
6 responsible for the cost of the national criminal history
7 background check.
8 (c) The commission shall review the permit application after
9 receipt of the results from the state police department. The
10 commission shall grant or deny a completed application for a
11 permit within sixty (60) days after receipt of the application. If the
12 commission determines that:
13 (1) all the requirements under this article have been met; and
14 (2) the applicant has not been convicted within ten (10) years
15 before the date of application of:
16 (A) a federal crime having a sentence of more than one (1)
17 year;
18 (B) a Class A, Class B, or Class C felony (for a crime
19 committed before July 1, 2014) or a Level 1, Level 2, Level
20 3, Level 4, or Level 5 felony (for a crime committed after
21 June 30, 2014); or
22 (C) a crime in another state that is substantially similar to
23 a crime described in clause (B);
24 the commission shall approve the application for issuance of
25 the permit.
26 (d) The commission may deny a permit application if it finds
27 that the applicant has been adjudicated against in a civil
28 proceeding regarding the cannabis or hemp industry.
29 (e) If the completed application for a permit is denied, the
30 commission must state the reasons for the denial. If a completed
31 application is denied under this section, the applicant may reapply
32 within thirty (30) days after the date of the denial. There is no
33 application fee for a reapplication under this subsection.
34 (f) A permit issued under this chapter expires one (1) year after
35 the date on which the permit was issued, unless revoked.
36 Sec. 14. An applicant for a permit issued pursuant to this article
37 shall file with the commission a surety bond in the sum of fifteen
38 thousand dollars ($15,000).
39 Sec. 15. (a) The required surety bond of an applicant must be
40 approved by the commission. The bond must be made payable to
41 the state and may be forfeited if the applicant:
42 (1) violates a provision of this article or a rule of the
2023 IN 308—LS 7125/DI 106 27
1 commission that relates to the permit; or
2 (2) fails to pay all taxes and fees imposed by this article on the
3 activities authorized under the permit.
4 (b) A permittee shall keep the bond in full force and effect
5 continuously in order to keep the permit in force.
6 Sec. 16. (a) Except as provided in subsection (b), the commission
7 may recover not more than two hundred fifty dollars ($250) in any
8 one (1) action on a permittee's surety bond for the violation of a
9 rule of the commission. Except as provided in subsection (b), the
10 commission may recover not more than five hundred dollars ($500)
11 in any one (1) action on the surety bond for the violation of a
12 provision of this article. All violations committed before the
13 commission brings an action on the bond are considered one (1)
14 violation. Funds recovered on a bond shall be deposited in the
15 cannabis regulation fund established by IC 7.1-8-2-10.
16 (b) The state may recover the full amount of all taxes and fees
17 due and owed by the permittee under this article in a single action
18 on the bond. No person may bring an action on the bond except the
19 commission. Funds recovered under this section shall be deposited
20 in the state general fund.
21 Sec. 17. The commission shall ensure that a surety bond filed
22 under this article is securely stored. The commission may not
23 approve a surety bond unless the surety company is solvent and
24 qualified to do business in Indiana. The commission, before
25 approving a surety bond, shall require the commissioner of the
26 department of insurance to furnish to the commission copies of
27 reports of the surety company and other information concerning
28 the reserves and reliability of the company.
29 Sec. 18. Cash or bonds of the United States, or both, may be
30 tendered to the commission instead of a surety bond required by
31 the provisions of this article if it is tendered on the same terms and
32 conditions as a surety bond.
33 Sec. 19. A surety may not cancel or annul a surety bond filed in
34 accordance with the provisions of this article after it has been
35 approved by the commission. However, a surety, with the consent
36 of the commission, may cancel a bond and be released from
37 liability accruing after the effective date of the cancellation. The
38 commission may not approve a cancellation until the surety has
39 paid and discharged in full its liability to the state on the bond to
40 the date of the approval of the cancellation.
41 Sec. 20. (a) As used in this section, "credit card" means a:
42 (1) credit card;
2023 IN 308—LS 7125/DI 106 28
1 (2) debit card;
2 (3) charge card; or
3 (4) stored value card.
4 (b) The commission shall accept a payment to the commission
5 for any purpose by any of the following financial instruments:
6 (1) Cash.
7 (2) Certified check.
8 (3) Cashier's check.
9 (4) Check drawn on the bank deposit of a business.
10 (5) Valid postal money order of the United States.
11 (6) Bank draft.
12 (7) Money order.
13 (8) Bank card or credit card.
14 (9) Electronic funds transfer.
15 (10) Any other financial instrument authorized by the
16 commission.
17 (c) If there is a charge to the commission for the use of a
18 financial instrument, the commission may collect a sum equal to
19 the amount of the charge from the person who uses the financial
20 instrument.
21 (d) A procedure authorized for a particular type of payment
22 must be uniformly applied to all payments of the same type.
23 (e) The commission may contract with a bank card or credit
24 card vendor for acceptance of bank cards or credit cards.
25 However, if there is a vendor transaction charge or discount fee,
26 whether billed to the commission or charged directly to the
27 commission's account, the commission may collect from the person
28 using the card:
29 (1) an official fee that may not exceed the transaction charge
30 or discount fee charged to the commission by bank or credit
31 card vendors; or
32 (2) a reasonable convenience fee that:
33 (A) may not exceed three dollars ($3); and
34 (B) must be uniform regardless of the bank card or credit
35 card used.
36 The fees described in subdivisions (1) and (2) may be collected
37 regardless of retail merchant agreements between the bank and
38 credit card vendors that may prohibit such fees. These fees are
39 permitted additional charges under IC 24-4.5-3-202.
40 (f) The commission may pay any applicable bank card or credit
41 card service charge associated with the use of a bank card or credit
42 card under this section.
2023 IN 308—LS 7125/DI 106 29
1 Sec. 21. (a) Except as provided in subsection (d), if publication
2 of notice of application for a permit is required under this article,
3 the publication shall be made in one (1) newspaper of general
4 circulation published in the county where the permit is to be in
5 effect.
6 (b) Publication required under subsection (a) may be made in
7 any newspaper of general circulation published one (1) or more
8 times each week.
9 (c) The rates to be paid for the advertising of a notice required
10 under this article shall be those required to be paid in case of other
11 notices published for or on behalf of the state.
12 (d) If:
13 (1) the commission is unable to procure advertising of a notice
14 as required under subsection (a) at the rates set forth in
15 IC 5-3-1; or
16 (2) the newspaper published in the county as described in
17 subsection (a) refuses to publish the notice;
18 the commission may, instead of publication in a newspaper as
19 required under subsection (a), post the notice on the commission's
20 website.
21 Sec. 22. Whenever the character of the business in which an
22 applicant is engaged is material to the applicant being issued a
23 permit under this article, or is material to the applicant being
24 qualified to continue to hold the permit, it must be made to appear
25 to the satisfaction of the commission that a substantial portion of
26 the business carried on, or to be carried on, in the premises in
27 respect to which a permit is applied for is in the nature of the
28 applicant's main business function in the premises.
29 Sec. 23. A person to whom a permit has been issued to carry on
30 any of the activities authorized by this article shall, before being
31 fully qualified to do business, post and display, and keep posted
32 and displayed, in the most conspicuous place in the person's
33 permitted premises the person's permit to do business.
34 Sec. 24. A permit issued under this article may not be
35 transferred from:
36 (1) the permit holder to another person; or
37 (2) the location for which the permit was approved or
38 renewed to another location;
39 unless otherwise authorized in this article or approved by the
40 commission.
41 Sec. 25. (a) As used in this section, "disqualifying event" means
42 an occurrence that would render the planned cannabis permittee
2023 IN 308—LS 7125/DI 106 30
1 location illegal under this article.
2 (b) If a disqualifying event occurs while a permit application is
3 pending before the commission, the applicant may transfer the
4 permit location within six (6) months of the disqualifying event.
5 Sec. 26. If the information required for an initial or renewal
6 permit changes, the permit holder shall notify the commission
7 within ten (10) business days of the change. If any change in the
8 information required for an application results in a violation of this
9 article, the commission may impose a penalty as provided in this
10 article.
11 Sec. 27. (a) Except as provided in subsection (b), nothing in this
12 article prohibits a permittee from simultaneously holding a:
13 (1) grower permit;
14 (2) processor permit; and
15 (3) retail permit.
16 However, a person holding a transport permit or a testing permit
17 may not hold any other type of permit.
18 (b) Not more than nine (9) permittees may hold a grower
19 permit, a processor permit, and at least one (1) retail permit at one
20 (1) time.
21 (c) An integrated permittee must:
22 (1) demonstrate a substantial historical business investment
23 in Indiana; and
24 (2) provide proof of a capital plan;
25 as determined by the commission.
26 (d) An integrated permittee is subject to all the requirements of
27 the laws and regulations governing each permit.
28 (e) In addition to the fees required by each underlying permit,
29 an integrated permittee or prospective integrated permittee shall
30 pay:
31 (1) an application fee of thirty thousand dollars ($30,000);
32 (2) an initial permit fee of fifteen thousand dollars ($15,000);
33 (3) an annual renewal fee of fifteen thousand dollars
34 ($15,000); and
35 (4) an annual investigation fee of seven thousand five hundred
36 dollars ($7,500).
37 (f) An integrated permittee to whom a permit has been issued
38 under this chapter may deposit that permit with the commission
39 for a period of:
40 (1) two (2) years if the permittee is unable to immediately
41 operate the business to which the permit applies; and
42 (2) one (1) additional year, if the integrated permittee is
2023 IN 308—LS 7125/DI 106 31
1 operating as a grower and a processor, but requires
2 additional time to operate as a retailer.
3 (g) If a permittee is unable to use the permit issued under this
4 article within the period described in subsection (f), the permit is
5 forfeited to the commission, unless the commission finds that a
6 reasonable extension is necessary due to construction delays or fire,
7 flood, tornado, or other natural disasters or acts of God.
8 Chapter 12. Grower Permits
9 Sec. 1. The growth of cannabis is authorized in Indiana. The
10 growing and handling of cannabis is subject to regulation by the
11 commission. The commission shall adopt rules under IC 4-22-2 to
12 oversee the permitting, production, and management of:
13 (1) cannabis; and
14 (2) cannabis seed.
15 Sec. 2. (a) Except as expressly provided in this article, a
16 cannabis grower may not grow or sell cannabis in Indiana without
17 a permit issued by the commission under this article.
18 (b) Except as otherwise provided in this article, cannabis
19 produced by a grower permittee under this article may be grown
20 and sold in Indiana.
21 (c) A grower issued a permit under this chapter may only grow
22 cannabis in an indoor grow facility. Cannabis may not be grown
23 outdoors.
24 (d) Nothing in this chapter prohibits a grower permittee from
25 selling cannabis to another grower permittee in Indiana.
26 (e) Nothing in this chapter prohibits a grower permittee from
27 exporting cannabis outside Indiana as permitted by federal law.
28 Sec. 3. (a) A grower to whom a permit has been issued under
29 this chapter may deposit that permit with the commission for a
30 period of two (2) years if the permittee is unable to immediately
31 operate the business to which the permit applies.
32 (b) If a permittee is unable to use the permit issued under this
33 article within two (2) years, the permit is forfeited to the
34 commission, unless the commission finds that a reasonable
35 extension is necessary due to construction delays or fire, flood,
36 tornado, or other natural disasters or acts of God.
37 Sec. 4. In addition to the other requirements of this article, an
38 initial or renewal application for a grower permit must include the
39 following:
40 (1) The global positioning system coordinates and legal
41 description of the property used for the cannabis grow
42 operation.
2023 IN 308—LS 7125/DI 106 32
1 (2) The planned size of the cannabis canopy.
2 (3) A site plan of the proposed indoor grow facility.
3 (4) A nonrefundable application fee.
4 Sec. 5. (a) For a permittee or prospective permittee who grows
5 less than five thousand (5,000) square feet of cannabis canopy, the
6 permittee shall pay:
7 (1) an application fee of five thousand dollars ($5,000);
8 (2) an initial permit fee of two thousand five hundred dollars
9 ($2,500);
10 (3) an annual renewal fee of two thousand five hundred
11 dollars ($2,500); and
12 (4) an annual investigation fee of one thousand two hundred
13 fifty dollars ($1,250).
14 (b) For a permittee or prospective permittee who grows at least
15 five thousand (5,000) square feet of cannabis canopy and less than
16 fifteen thousand (15,000) square feet of cannabis canopy, the
17 permittee shall pay:
18 (1) an application fee of ten thousand dollars ($10,000);
19 (2) an initial permit fee of five thousand dollars ($5,000);
20 (3) an annual renewal fee of five thousand dollars ($5,000);
21 and
22 (4) an annual investigation fee of two thousand five hundred
23 dollars ($2,500).
24 (c) For a permittee or prospective permittee who grows at least
25 fifteen thousand (15,000) square feet of cannabis canopy, the
26 permittee shall pay:
27 (1) an application fee of fifteen thousand dollars ($15,000);
28 (2) an initial permit fee of seven thousand five hundred dollars
29 ($7,500);
30 (3) an annual renewal fee of seven thousand five hundred
31 dollars ($7,500); and
32 (4) an annual investigation fee of three thousand seven
33 hundred fifty dollars ($3,750).
34 (d) Not more than:
35 (1) twelve (12) grower permits may be issued under
36 subsection (a) at one (1) time;
37 (2) six (6) grower permits may be issued under subsection (b)
38 at one (1) time; and
39 (3) four (4) grower permits may be issued under subsection (c)
40 at one (1) time.
41 (e) A permittee, or permittee who is directly or indirectly
42 controlled by another permittee, may not possess more than one (1)
2023 IN 308—LS 7125/DI 106 33
1 grower permit at one (1) time.
2 (f) The fees set forth in this section are due to the commission
3 within thirty (30) days of the date the initial or renewal grower
4 permit is issued, and shall be deposited in the cannabis regulation
5 fund established by IC 7.1-8-2-10.
6 Sec. 6. (a) A grower shall uniquely identify each immature plant
7 batch with a single permanent plant tag and record the
8 information in the statewide monitoring system established under
9 IC 7.1-8-17. Each immature plant batch must consist of not more
10 than one hundred (100) immature plants.
11 (b) A grower shall separate the plants as the plants go through
12 different growth stages and ensure that the plant tag is always
13 identified with the plant throughout the growth span so that all
14 plants can be easily identified and inspected. A grower shall ensure
15 that the identification information is recorded in the statewide
16 monitoring system.
17 (c) After a tagged plant is harvested, it is part of a harvest batch
18 so that a sample of the harvest batch can be tested in accordance
19 with this article. A grower shall quarantine a harvest batch from
20 other plants or batches that have test results pending. A harvest
21 batch must be easily distinguishable from other harvest batches
22 until the batch is broken down into packages.
23 (d) After test results show a passed test and the harvest batch is
24 packaged, the grower shall destroy the individual plant tags. Each
25 package must have a permanent package tag attached. A grower
26 shall ensure this information is placed in the statewide monitoring
27 system in accordance with this article and rules adopted by the
28 commission.
29 Sec. 7. (a) In addition to any other liability or penalty provided
30 by law, the commission may revoke or refuse to issue or renew a
31 cannabis grower permit and may impose a civil penalty for a
32 violation of:
33 (1) a permit requirement;
34 (2) permit terms or conditions; or
35 (3) a rule relating to growing cannabis.
36 (b) The commission may not impose a civil penalty under this
37 section that exceeds two thousand five hundred dollars ($2,500).
38 (c) Any civil penalties collected under this section shall be
39 deposited in the cannabis regulation fund established by
40 IC 7.1-8-2-10.
41 Sec. 8. (a) Except as provided in subsection (b), the commission
42 shall give a person who negligently violates this chapter a
2023 IN 308—LS 7125/DI 106 34
1 reasonable time, determined by the commission, to correct the
2 violation without imposing a penalty under this chapter. However,
3 the commission may require the person who committed the
4 violation to comply with a corrective action plan determined by the
5 commission and report to the commission on compliance with the
6 corrective action plan.
7 (b) A person who commits a negligent violation of this chapter
8 three (3) times in a five (5) year period shall immediately be
9 ineligible to hold or work under a cannabis permit for five (5)
10 years.
11 (c) If the commission believes that a person has knowingly or
12 intentionally violated this chapter, the commission shall notify:
13 (1) the superintendent of the state police department; and
14 (2) the prosecuting attorney of the county in which the
15 violation occurred;
16 of the violation.
17 (d) A person who commits a negligent violation under this
18 chapter is subject to a late fee as established by rule adopted by the
19 commission.
20 Sec. 9. The commission shall adopt rules under IC 4-22-2 to
21 implement and administer this chapter.
22 Sec. 10. (a) The commission may keep the:
23 (1) names of growers who are permitted under this chapter;
24 and
25 (2) locations of permitted cannabis crops;
26 confidential for purposes of IC 5-14-3.
27 (b) The commission may share confidential information under
28 subsection (a) with the state police department and law
29 enforcement officers (as defined in IC 35-31.5-2-185).
30 Sec. 11. A person not permitted under this chapter who
31 knowingly or intentionally:
32 (1) grows or sells cannabis; or
33 (2) sells cannabis seed;
34 commits a Level 6 felony.
35 Chapter 13. Processor Permits
36 Sec. 1. The commission may issue a cannabis processor permit
37 to a person who desires to process cannabis or cannabis products.
38 Sec. 2. The holder of a processor permit may do the following:
39 (1) Process cannabis or cannabis products.
40 (2) Place cannabis or cannabis products in containers for
41 retail sale.
42 (3) Sell and deliver cannabis or cannabis products to a person
2023 IN 308—LS 7125/DI 106 35
1 holding a cannabis retailer permit issued under this article.
2 Sec. 3. A permittee or prospective permittee shall pay:
3 (1) an application fee of five thousand dollars ($5,000);
4 (2) an initial permit fee of two thousand five hundred dollars
5 ($2,500);
6 (3) an annual renewal fee of two thousand five hundred
7 dollars ($2,500); and
8 (4) an annual investigation fee of one thousand two hundred
9 fifty dollars ($1,250).
10 Sec. 4. (a) A processor to whom a permit has been issued under
11 this chapter may deposit that permit with the commission for a
12 period of two (2) years if the permittee is unable to immediately
13 operate the business to which the permit applies.
14 (b) If a permittee is unable to use the permit issued under this
15 article within one (1) year, the permit is forfeited to the
16 commission, unless the commission finds that a reasonable
17 extension is necessary due to construction delays or fire, flood,
18 tornado, or other natural disasters or acts of God.
19 Sec. 5. Cannabis must be transported and distributed to and
20 from a processor in packaging that contains the following
21 information:
22 (1) A scannable bar code or QR code linked to a document
23 that contains the:
24 (A) batch identification number of the cannabis;
25 (B) product name;
26 (C) batch date;
27 (D) expiration date, which must be not more than two (2)
28 years from the date of manufacture;
29 (E) batch size;
30 (F) total quantity produced;
31 (G) ingredients used, including the:
32 (i) ingredient name;
33 (ii) name of the company that manufactured the
34 ingredient;
35 (iii) company or product identification number or code,
36 if applicable; and
37 (iv) ingredient lot number; and
38 (H) results of the quality assurance test conducted under
39 IC 7.1-8-18.
40 (2) The batch number.
41 (3) The Internet address of a website to obtain batch
42 information.
2023 IN 308—LS 7125/DI 106 36
1 (4) The expiration date.
2 (5) The total number of milligrams of
3 delta-9-tetrahydrocannabinol (THC), including precursors.
4 (6) The grower.
5 Chapter 14. Transport Permits
6 Sec. 1. The commission may issue a cannabis transport permit
7 to a person who is a carrier upon a showing of the reliability and
8 responsibility of the carrier and the appropriateness of issuing the
9 permit.
10 Sec. 2. The transportation of cannabis and cannabis products
11 for sale in Indiana are subject to the rules of the commission.
12 Cannabis and cannabis products may be transported and delivered
13 only in containers that are lawful under this article and permissible
14 under the rules of the commission.
15 Sec. 3. A transport permit is required for the transportation of
16 cannabis or cannabis products on a public highway in Indiana.
17 Sec. 4. (a) A carrier must hold a transport permit before the
18 carrier may transport cannabis or cannabis products on a public
19 highway.
20 (b) A person who is a direct or beneficial owner of a grower,
21 processor, retail, or safety compliance facility permit issued under
22 this article may not hold a transport permit.
23 Sec. 5. A permittee or prospective permittee shall pay:
24 (1) an application fee of five thousand dollars ($5,000);
25 (2) an initial permit fee of two thousand five hundred dollars
26 ($2,500);
27 (3) an annual renewal fee of two thousand five hundred
28 dollars ($2,500); and
29 (4) an annual investigation fee of one thousand two hundred
30 fifty dollars ($1,250).
31 Sec. 6. (a) A carrier to whom a permit has been issued under
32 this chapter may deposit that permit with the commission for a
33 period of one (1) year if the permittee is unable to immediately
34 operate the business to which the permit applies.
35 (b) If a permittee is unable to use the permit issued under this
36 article within one (1) year, the permit is forfeited to the
37 commission, unless the commission finds that a reasonable
38 extension is necessary due to construction delays or fire, flood,
39 tornado, or other natural disasters or acts of God.
40 Sec. 7. (a) A carrier may not transport cannabis on a vehicle
41 owned or operated by the carrier unless the carrier has filed a
42 description of the vehicle with the commission.
2023 IN 308—LS 7125/DI 106 37
1 (b) The description of a vehicle used to transport cannabis must
2 include:
3 (1) the engine number;
4 (2) the date of manufacture;
5 (3) the approximate weight;
6 (4) the vehicle identification number;
7 (5) the license plate number;
8 (6) the capacity; and
9 (7) any other information that the commission may require.
10 (c) The permittee may alter or add to the number of vehicles
11 included under the permit at any time.
12 Sec. 8. (a) A carrier must transmit a copy of its route plan and
13 manifest to the safety compliance facility as required by
14 IC 7.1-8-18, and a copy of each must be carried in the transporting
15 vehicle and presented to a law enforcement officer or commission
16 enforcement officer upon request.
17 (b) The commission may inspect shipments of cannabis or
18 cannabis products in transit and the vehicle used in the
19 transportation.
20 Sec. 9. A transport permittee who knowingly or intentionally
21 transports cannabis in a vehicle for which the permittee has not
22 filed a description under this chapter commits a Class A
23 misdemeanor.
24 Chapter 15. Retailer Permits
25 Sec. 1. The commission may issue a cannabis retailer permit to
26 a person who desires to sell cannabis to customers for
27 consumption.
28 Sec. 2. (a) The commission may grant only one (1) cannabis
29 retailer permit per twenty-five thousand (25,000) persons
30 statewide. However, each county is entitled to at least one (1)
31 permit.
32 (b) The commission may issue not more than three hundred
33 (300) active cannabis retailer permits at any one (1) time.
34 (c) A county may not have more permits than its census
35 population divided by twenty-five thousand (25,000).
36 (d) No single cannabis retail permittee may own more than ten
37 percent (10%) of available permits.
38 Sec. 3. A permittee or prospective permittee shall pay:
39 (1) an application fee of ten thousand dollars ($10,000);
40 (2) an initial permit fee of five thousand dollars ($5,000);
41 (3) an annual renewal fee of five thousand dollars ($5,000);
42 and
2023 IN 308—LS 7125/DI 106 38
1 (4) an annual investigation fee of two thousand five hundred
2 dollars ($2,500).
3 Sec. 4. (a) The holder of a cannabis retailer permit may
4 purchase cannabis only from a permittee permitted under this
5 article. A cannabis retailer may possess cannabis and sell it at
6 retail for consumption to a customer who is at least twenty-one (21)
7 years of age.
8 (b) A cannabis retailer may sell cannabis or cannabis products
9 at wholesale.
10 (c) A cannabis retailer may sell and deliver cannabis for carry
11 out and for at home delivery without a transport permit.
12 Sec. 5. (a) A retailer to whom a permit has been issued under
13 this chapter may deposit the permit with the commission for a
14 period of one (1) year if the permittee is unable to immediately
15 operate the business to which the permit applies.
16 (b) If a permittee is unable to use the permit issued under this
17 article within one (1) year, the permit is forfeited to the
18 commission, unless the commission finds that a reasonable
19 extension is necessary due to construction delays or fire, flood,
20 tornado, or other natural disasters or acts of God.
21 Sec. 6. (a) A cannabis retailer may not:
22 (1) operate within one thousand (1,000) feet of an elementary
23 or secondary school;
24 (2) allow a customer to sample or consume cannabis or a
25 cannabis product on the premises;
26 (3) permit a customer to purchase more than one (1) ounce of
27 cannabis or five (5) grams of cannabis concentrate per day; or
28 (4) sell cannabis or a cannabis product in a unitary
29 transaction (as defined by IC 6-2.5-1-1) or bundled
30 transaction (as defined in IC 6-2.5-1-11.5).
31 (b) A person who knowingly or intentionally violates this section
32 commits a Level 6 felony.
33 Sec. 7. (a) All sales of cannabis and cannabis products must be
34 accompanied by an invoice showing the following:
35 (1) The name and address of the seller and the purchaser.
36 (2) The date of sale.
37 (3) The name of each brand sold.
38 (4) The number of packages, if any.
39 (5) The number of cases by size and type of container.
40 (6) The quantity of each kind of cannabis sold.
41 (b) The permittee must transmit an invoice to the commission
42 in accordance with rules adopted by the commission.
2023 IN 308—LS 7125/DI 106 39
1 Sec. 8. Except as provided in IC 7.1-8-16, a unit may not
2 regulate cannabis.
3 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
4 Sec. 1. (a) Before July 1, 2024, the governing body of a county
5 may adopt a resolution to place a public question on the ballot to
6 prohibit cannabis retail licensure within the county. The governing
7 body shall determine whether to place the public question on the
8 primary election ballot, on the general election ballot, or on a
9 special election ballot.
10 (b) As soon as practicable after adopting the resolution under
11 subsection (a), the governing body shall send a certified copy of the
12 resolution to the commission and the county circuit court clerk.
13 Sec. 2. A prohibition against cannabis retail licensure under this
14 chapter prevails if a majority of the individuals who vote on the
15 public question approves the prohibition.
16 Sec. 3. The public question to be submitted to the voters must
17 read as follows:
18 "Shall the county prohibit cannabis retail licensure for five (5)
19 years immediately following the holding of the referendum?
20 If this public question is approved by the voters, cannabis
21 retailers will be prohibited from licensing premises in the
22 county for five (5) years.".
23 Sec. 4. Each circuit court clerk shall, upon receiving the
24 question approved by the governing body of a county under this
25 chapter, call a meeting of the county election board to certify the
26 question and make arrangements for the referendum.
27 Sec. 5. (a) The referendum shall be held in the next primary
28 election or general election in which all the registered voters who
29 are residents of the county are entitled to vote after adoption of the
30 resolution under section 1 of this chapter. The certification of the
31 question must occur not later than noon:
32 (1) seventy-four (74) days before a primary election if the
33 question is to be placed on the primary election ballot; or
34 (2) August 1 if the question is to be placed on the general
35 election ballot.
36 (b) However, if a primary election or general election will not be
37 held during the first year in which the public question is eligible to
38 be placed on the ballot under this chapter, and if the county
39 requests the public question to be placed on the ballot at a special
40 election, the public question shall be placed on the ballot at a
41 special election to be held on the first Tuesday after the first
42 Monday in May or November of the year. The certification must
2023 IN 308—LS 7125/DI 106 40
1 occur not later than noon:
2 (1) sixty (60) days before a special election to be held in May
3 (if the special election is to be held in May); or
4 (2) August 1 (if the special election is to be held in November).
5 (c) If the referendum is not conducted at a primary election or
6 general election, the county in which the special election is to be
7 held shall pay all the costs of holding the special election.
8 Sec. 6. Each county election board shall cause:
9 (1) the question certified to the circuit court clerk by the
10 governing body of a county to be placed on the ballot in the
11 form prescribed by IC 3-10-9; and
12 (2) an adequate supply of ballots and voting equipment to be
13 delivered to the precinct election board of each precinct in
14 which the referendum is to be held.
15 Sec. 7. (a) Except as provided in subsection (b), every registered
16 voter who resides in the county may vote on the public question.
17 (b) An individual who changes residence from a location within
18 a county to a location outside of the county less than thirty (30)
19 days before an election under this chapter may not vote on the
20 public question.
21 Sec. 8. Each precinct election board shall count the affirmative
22 votes and the negative votes cast concerning the public question,
23 and shall certify those two (2) totals to the county election board of
24 the county. The circuit court clerk shall, immediately after the
25 votes have been counted, certify the results of the public question
26 to the commission and the county governing body.
27 Sec. 9. (a) Except as otherwise provided in this section, during
28 the period beginning with the adoption of a resolution by the
29 governing body of a county to place a public question on the ballot
30 and continuing through the day on which the public question is
31 submitted to the voters, the county governing body may not
32 promote a position on the referendum by doing any of the
33 following:
34 (1) Using facilities or equipment, including mail and
35 messaging systems, owned by the county to promote a position
36 on the public question, unless equal access to the facilities or
37 equipment is given to persons with a position opposite to that
38 of the county governing body.
39 (2) Making an expenditure of money from a fund controlled
40 by the county to promote a position on the public question.
41 (3) Using an employee to promote a position on the public
42 question during the employee's normal working hours or paid
2023 IN 308—LS 7125/DI 106 41
1 overtime, or otherwise compelling an employee to promote a
2 position on the public question at any time. However, if a
3 person described in subsection (c) is advocating for or against
4 a position on the public question or discussing the public
5 question as authorized under subsection (c), an employee of
6 the county may assist the person in presenting information on
7 the public question, if requested to do so by the person
8 described in subsection (c).
9 However, this section does not prohibit an official or employee of
10 the county from carrying out duties with respect to a public
11 question that are part of the normal and regular conduct of the
12 official's or employee's office or agency, including the furnishing
13 of factual information regarding the public question in response to
14 inquiries from any person.
15 (b) This subsection does not apply to:
16 (1) a personal expenditure to promote a position on a public
17 question by an employee of a county whose employment is
18 governed by a collective bargaining contract or an
19 employment contract; or
20 (2) an expenditure to promote a position on a local question
21 by a person or an organization that has a contract or an
22 arrangement (whether formal or informal) with the county
23 solely for the use of the county's facilities.
24 A person or an organization that has a contract or arrangement
25 (whether formal or informal) with a county to provide goods or
26 services to the county may not spend any money to promote a
27 position on the public question. A violation of this subsection is a
28 Class A infraction.
29 (c) Notwithstanding any other law, an elected or appointed
30 member of the county governing body may at any time:
31 (1) personally advocate for or against a position on a public
32 question; or
33 (2) discuss the public question with any individual, group, or
34 organization or personally advocate for or against a position
35 on a public question before any individual, group, or
36 organization;
37 so long as it is not done by using public funds. Advocacy or
38 discussion allowed under this subsection is not considered a use of
39 public funds.
40 Chapter 17. Statewide Monitoring System
41 Sec. 1. The commission shall establish a statewide monitoring
42 system for use as an integrated cannabis tracking, inventory, and
2023 IN 308—LS 7125/DI 106 42
1 verification system. The statewide monitoring system must allow
2 for interface with third party inventory and tracking systems to
3 provide for access by the state, permittees, and law enforcement
4 personnel, to the extent that they need and are authorized to
5 receive or submit the information, to comply with, enforce, or
6 administer this article.
7 Sec. 2. At a minimum, the statewide monitoring system must be
8 capable of storing and providing access to information that, in
9 conjunction with one (1) or more third party inventory control and
10 tracking systems, allows the following:
11 (1) Retention of a record of the date, time, quantity, and price
12 of each sale or transfer of cannabis or cannabis products.
13 (2) Determination of whether a particular sale or transfer
14 transaction will exceed the permissible limit established under
15 this article.
16 (3) Effective monitoring of cannabis seed to sale transfers.
17 (4) Receipt and integration of information from third party
18 inventory control and tracking systems.
19 Sec. 3. The commission shall seek bids under IC 5-22 to
20 establish, operate, and maintain the statewide monitoring system
21 under this chapter. The commission shall do the following:
22 (1) Evaluate bidders based on the cost of the service and the
23 ability to meet all requirements of this article.
24 (2) Give strong consideration to the bidder's ability to prevent
25 fraud, abuse, and other unlawful or prohibited activities
26 associated with the commercial trade in cannabis, and the
27 ability to provide additional tools for the administration and
28 enforcement of this article.
29 (3) Institute procedures to ensure that the contract awardee
30 does not disclose or use the information in the system for any
31 use or purpose except for the enforcement, oversight, and
32 implementation of this article.
33 (4) Require the contract awardee to deliver the functioning
34 system within one hundred twenty (120) days after award of
35 the contract.
36 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
37 implement this chapter.
38 Chapter 18. Safety Compliance Facility Permit
39 Sec. 1. The commission may issue a cannabis safety compliance
40 facility permit to a person who desires to test cannabis and
41 cannabis products for transfer, sale, and consumption in Indiana.
42 Sec. 2. A person who has a direct or indirect ownership interest
2023 IN 308—LS 7125/DI 106 43
1 in a grower, processor, transport, or retailer permit may not have
2 a direct or indirect ownership interest in a safety compliance
3 facility or a safety compliance facility permit.
4 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
5 establish a proficiency testing program and designate safety
6 compliance facility participation, that, at a minimum, comply with
7 reasonable and customary industry standards.
8 Sec. 4. (a) A safety compliance facility to which a permit has
9 been issued under this chapter may deposit that permit with the
10 commission for a period of one (1) year if the permittee is unable
11 to immediately operate the facility.
12 (b) If a permittee is unable to use the permit issued under this
13 article within one (1) year, the permit is forfeited to the
14 commission.
15 Sec. 5. (a) A safety compliance facility must test samples as
16 provided in this chapter and pursuant to rules adopted by the
17 commission.
18 (b) A safety compliance facility shall collect samples of cannabis
19 and cannabis products from another cannabis permittee. Every
20 cannabis permittee shall permit and assist the safety compliance
21 facility in the collection of samples for testing.
22 (c) The safety compliance facility shall take a physical sample of
23 the cannabis product from another cannabis permittee to be tested
24 at the safety compliance facility.
25 (d) The safety compliance facility must develop a statistically
26 valid sampling method to collect a representative sample from each
27 batch of cannabis product.
28 Sec. 6. (a) A safety compliance facility must comply with all the
29 following:
30 (1) The safety compliance facility shall ensure that samples of
31 the cannabis product are identified in the statewide
32 monitoring system and placed in secured, sealed containers
33 that bear the labeling required under the rules.
34 (2) A carrier's route plan and manifest that have been
35 transmitted to the facility must be entered into the statewide
36 monitoring system.
37 (3) The cannabis or cannabis product must be transported in
38 one (1) or more sealed containers and not be accessible while
39 in transit.
40 (4) The vehicle a safety compliance facility uses to transport
41 samples of cannabis or cannabis products may not bear
42 markings or other indication that it is carrying cannabis or a
2023 IN 308—LS 7125/DI 106 44
1 cannabis product.
2 (b) Except as otherwise required by the commission, the safety
3 compliance facility shall collect a sample size that is:
4 (1) sufficient to complete all required analyses; and
5 (2) not less than one-half percent (0.5%) of the weight of the
6 harvest batch.
7 (c) At least fifty percent (50%) of the sample taken must be
8 homogenized for testing.
9 (d) The safety compliance facility shall report all testing results
10 to the commission on a quarterly basis, including the rate of
11 failure.
12 Sec. 7. A safety compliance facility must do all of the following:
13 (1) Become fully accredited to the International Organization
14 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
15 ILAC recognized accreditation body or by an entity approved
16 by the commission within one (1) year after the date the
17 permit is issued, and agree to have the inspections and reports
18 of the ISO made available to the commission.
19 (2) Maintain internal standard operating procedures.
20 (3) Maintain a quality control and quality assurance program.
21 Sec. 8. The commission may publish sample sizes for other
22 cannabis products being tested.
23 Sec. 9. A cannabis permittee must allow the safety compliance
24 facility to have access to its entire batch for the purposes of
25 sampling.
26 Sec. 10. (a) An employee of the cannabis permittee from which
27 the cannabis product test samples are being taken shall be
28 physically present to observe the safety compliance facility
29 employee collect the samples of cannabis or cannabis product for
30 testing. The employee shall ensure that the correct sample
31 increments are taken from throughout the batch.
32 (b) An employee of a cannabis permittee may not:
33 (1) be directly involved in the testing performed by the safety
34 compliance facility employee; or
35 (2) touch the cannabis or cannabis product or the sampling
36 equipment while the safety compliance facility employee is
37 obtaining the sample.
38 Sec. 11. (a) After samples have been selected, both the employee
39 of the cannabis permittee and the employee of the safety
40 compliance facility shall sign and date a chain of custody form,
41 attesting to the accuracy of the following sample information:
42 (1) The name of the cannabis product.
2023 IN 308—LS 7125/DI 106 45
1 (2) The weight of cannabis or cannabis product.
2 (3) That all cannabis and cannabis products and samples are
3 correctly identified in the statewide monitoring system.
4 (4) If the product test sample is obtained for a retest, the
5 safety compliance facility confirms that it is not accepting a
6 product test sample that is prohibited from being retested.
7 (b) The cannabis permittee shall enter in the statewide
8 monitoring system the cannabis or cannabis product test sample
9 that is collected by a permitted safety compliance facility, including
10 the date and time the cannabis or cannabis product is collected and
11 transferred. The safety compliance facility shall enter into the
12 statewide monitoring system the test results within three (3)
13 business days of test completion.
14 (c) If a testing sample is collected from a cannabis permittee for
15 testing in the statewide monitoring system, that cannabis permittee
16 shall quarantine the cannabis product that is undergoing the
17 testing from any other cannabis products at the cannabis permittee
18 location. The quarantined cannabis product must not be packaged,
19 transferred, or sold until passing test results are entered into the
20 statewide monitoring system.
21 (d) A safety compliance facility may collect additional sample
22 material from the same permittee from which the original sample
23 was collected for the purposes of completing the required safety
24 tests as long as the requirements of this chapter are met.
25 (e) The commission may publish guidance that shall be followed
26 by cannabis permittees for chain of custody documentation.
27 Sec. 12. A safety compliance facility shall use analytical testing
28 methodologies for the required quality assurance tests under this
29 chapter that are validated. The tests may be monitored on an
30 ongoing basis by the commission. The facility's methodology must
31 follow one (1) of the following:
32 (1) The most current version of the Cannabis Inflorescence:
33 Standards of Identity, Analysis, and Quality Control
34 monograph published by the American Herbal
35 Pharmacopoeia.
36 (2) An alternative testing methodology approved by the
37 commission and validated by an independent third party that
38 the methodology followed by the safety compliance facility
39 produces scientifically accurate results as quality assurance
40 for each test it conducts.
41 Sec. 13. A safety compliance facility shall conduct quality
42 assurance tests that test for all of the following:
2023 IN 308—LS 7125/DI 106 46
1 (1) Moisture content.
2 (2) Potency analysis.
3 (3) Tetrahydrocannabinol level.
4 (4) Tetrahydrocannabinol acid level.
5 (5) Cannabidiol and cannabidiol acid levels.
6 (6) Foreign matter inspection.
7 (7) Microbial and mycotoxin screening.
8 (8) Pesticides.
9 (9) Chemical residue.
10 (10) Fungicides.
11 (11) Insecticides.
12 (12) Metals screening.
13 (13) Residual solvents levels.
14 (14) Terpene analysis.
15 (15) Water activity content.
16 Sec. 14. The commission, in consultation with the state seed
17 commissioner and the department of agriculture, shall publish a
18 list of approved pesticides for use in the growing and production of
19 cannabis and cannabis products to be sold or transferred in
20 Indiana.
21 Sec. 15. The commission shall take immediate disciplinary
22 action against any safety compliance facility that fails to comply
23 with the provisions of this article or falsifies records related to this
24 article, including any sanctions or fines, or both.
25 Sec. 16. A safety compliance facility is prohibited from doing
26 any of the following:
27 (1) Desiccating samples.
28 (2) Dry labeling samples.
29 (3) Pretesting samples.
30 Sec. 17. A safety compliance facility shall comply with random
31 quality assurance compliance checks upon the request of the
32 commission. The commission or its authorized agents may collect
33 a random sample of cannabis or cannabis product from a safety
34 compliance facility or designate another safety compliance facility
35 to collect a random sample of cannabis product in a secure manner
36 to test that sample for quality assurance compliance pursuant to
37 this rule.
38 Sec. 18. (a) A safety compliance facility may retest cannabis or
39 cannabis products that have failed initial safety testing, except as
40 indicated under subsection (c).
41 (b) A failed cannabis product must pass two (2) separate retests
42 with new samples consecutively to be eligible to proceed to sale or
2023 IN 308—LS 7125/DI 106 47
1 transfer.
2 (c) The commission may publish a remediation protocol that
3 addresses, among other things, the sale or transfer of cannabis
4 product after a failed safety test.
5 (d) The cannabis permittee that provided the sample is
6 responsible for all costs involved in a retest.
7 Sec. 19. (a) As used in this section, "research and development
8 testing" means optional testing performed before final compliance
9 testing.
10 (b) The commission may not take punitive action against a
11 cannabis permittee for conducting research and development
12 testing.
13 (c) The commission may adopt rules or publish guidance for
14 research and development testing.
15 (d) A permittee conducting research and development testing
16 must enter the testing and any other information required by the
17 commission into the statewide monitoring system.
18 Chapter 19. Violations
19 Sec. 1. If a permit holder violates this article, the permit holder
20 may be publicly reprimanded, assessed a civil penalty, or have the
21 permit revoked or suspended.
22 Sec. 2. (a) The commission may assess a civil penalty for a
23 violation of this article in an amount that does not exceed fifty
24 thousand dollars ($50,000). A civil penalty may be assessed in
25 addition to other penalties allowed under this article.
26 (b) A civil penalty assessed under this section shall be deposited
27 in the cannabis regulation fund established by IC 7.1-8-2-10.
28 Sec. 3. A person who recklessly, knowingly, or intentionally
29 provides cannabis or cannabis products to a person less than
30 twenty-one (21) years of age commits a Class B misdemeanor.
31 However, the offense is:
32 (1) a Class A misdemeanor if the person has a prior unrelated
33 conviction under this section; and
34 (2) a Level 6 felony if the use of the cannabis or cannabis
35 products is the proximate cause of the serious bodily injury or
36 death of any person.
37 Sec. 4. (a) A person who knowingly or intentionally:
38 (1) rents property; or
39 (2) provides or arranges for the use of property;
40 for the purpose of allowing or enabling a person less than
41 twenty-one (21) years of age to use cannabis or cannabis products
42 on the property commits a Class C infraction. However, the
2023 IN 308—LS 7125/DI 106 48
1 violation is a Class B misdemeanor if the person has a prior
2 unrelated adjudication or conviction for a violation of this section
3 within the previous five (5) years.
4 (b) This section may not be construed to impose civil or criminal
5 liability upon any postsecondary educational institution, including
6 public and private universities and colleges, business schools,
7 vocational schools, and schools for continuing education, or its
8 agents for injury to any person or property sustained in
9 consequence of a violation of this section unless the institution or
10 its agent:
11 (1) sells, barters, exchanges, provides, or furnishes cannabis
12 or cannabis products to a person less than twenty-one (21)
13 years of age; or
14 (2) either:
15 (A) rents property; or
16 (B) provides or arranges for the use of property;
17 for the purpose of allowing or enabling a person less than
18 twenty-one (21) years of age to consume cannabis or cannabis
19 products on the property.
20 Sec. 5. (a) It is a Class C infraction for a person less than
21 twenty-one (21) years of age to enter the premises of a cannabis
22 retailer or other location where cannabis or cannabis products are
23 provided.
24 (b) It is a Class C infraction for a parent, guardian, trustee, or
25 other person having custody of a child less than eighteen (18) years
26 of age to take that child into a cannabis retailer or other location
27 where cannabis or cannabis products are provided.
28 (c) It is a Class C infraction for a permittee to permit the parent,
29 guardian, trustee, or other person having custody of a child less
30 than eighteen (18) years of age to be with the child in a cannabis
31 retailer or other location where cannabis or cannabis products are
32 provided.
33 Sec. 6. A person who knowingly or intentionally employs a
34 person less than twenty-one (21) years of age:
35 (1) where cannabis or cannabis products are provided; and
36 (2) in a capacity which requires or allows the person less than
37 twenty-one (21) years of age to provide or otherwise deal in
38 cannabis or cannabis products;
39 commits a Class B misdemeanor.
40 Sec. 7. A person who is at least twenty-one (21) years of age who
41 knowingly or intentionally aids, induces, or causes a person less
42 than twenty-one (21) years of age to unlawfully possess cannabis or
2023 IN 308—LS 7125/DI 106 49
1 cannabis products commits a Class C infraction.
2 Sec. 8. (a) Notwithstanding any other law, an enforcement
3 officer with police powers may engage a person who is:
4 (1) at least eighteen (18) years of age; and
5 (2) less than twenty-one (21) years of age;
6 to receive or purchase cannabis or cannabis products as part of an
7 enforcement action under this article.
8 (b) The initial or contemporaneous receipt or purchase of
9 cannabis or cannabis products under this section by a person
10 described in subsection (a) must:
11 (1) occur under the direction of an enforcement officer vested
12 with full police powers and duties; and
13 (2) be a part of the enforcement action.
14 Chapter 20. Professional Services
15 Sec. 1. A person licensed under IC 25 does not commit a crime
16 or an infraction under Indiana law solely for providing
17 professional services to persons permitted to engage in an activity
18 authorized by this article.
19 Chapter 21. Employment
20 Sec. 1. Nothing in this article prohibits an employer from
21 mandating drug screening for employees or from taking an adverse
22 employment action against an employee who tests positive for
23 cannabis use.
24 SECTION 5. IC 10-10.5-1-3, AS AMENDED BY P.L.64-2022,
25 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2023]: Sec. 3. "Law enforcement officer" means any of the
27 following:
28 (1) A state police officer, enforcement officer of the alcohol and
29 tobacco commission, enforcement officer of the cannabis
30 commission, or conservation officer.
31 (2) A county, city, town, or tribal police officer.
32 (3) A police officer appointed by a state educational institution
33 under IC 21-39-4 or school corporation under IC 20-26-16.
34 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
35 under IC 4-33-20.
36 SECTION 6. IC 10-13-8-5, AS AMENDED BY P.L.64-2022,
37 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2023]: Sec. 5. As used in this chapter, "law enforcement
39 officer" means any of the following:
40 (1) A state police officer.
41 (2) A county sheriff.
42 (3) A county police officer.
2023 IN 308—LS 7125/DI 106 50
1 (4) A correctional officer.
2 (5) An excise police officer, including an enforcement officer
3 of the cannabis commission.
4 (6) A county police reserve officer.
5 (7) A city police officer.
6 (8) A city police reserve officer.
7 (9) A conservation enforcement officer.
8 (10) A town marshal.
9 (11) A deputy town marshal.
10 (12) A probation officer.
11 (13) A state educational institution police officer appointed under
12 IC 21-39-4.
13 (14) A gaming agent of the Indiana gaming commission.
14 (15) A person employed by a political subdivision (as defined in
15 IC 36-1-2-13) and appointed as a special deputy under
16 IC 36-8-10-10.6.
17 (16) A school corporation police officer appointed under
18 IC 20-26-16.
19 (17) A police officer of a public or private postsecondary
20 educational institution whose board of trustees has established a
21 police department under IC 21-17-5-2 or IC 21-39-4-2.
22 (18) A tribal police officer.
23 SECTION 7. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2023]: Sec. 3. As used in this chapter, "drug dealing offense"
26 means one (1) or more of the following offenses:
27 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
28 the person received only minimal consideration as a result of the
29 drug transaction.
30 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
31 person received only minimal consideration as a result of the drug
32 transaction.
33 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
34 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
35 only minimal consideration as a result of the drug transaction.
36 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
37 cannabinoid or possession of mislabeled low THC hemp
38 extract (IC 35-48-4-10) unless the person received only minimal
39 consideration as a result of the drug transaction.
40 SECTION 8. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2023]: Sec. 14. (a) A person holding a certificate or license
2023 IN 308—LS 7125/DI 106 51
1 issued under this article must comply with the applicable standards and
2 rules established under this article. A certificate holder or license
3 holder is subject to disciplinary sanctions under subsection (b) if the
4 department of homeland security determines that the certificate holder
5 or license holder:
6 (1) engaged in or knowingly cooperated in fraud or material
7 deception in order to obtain a certificate or license, including
8 cheating on a certification or licensure examination;
9 (2) engaged in fraud or material deception in the course of
10 professional services or activities;
11 (3) advertised services or goods in a false or misleading manner;
12 (4) falsified or knowingly allowed another person to falsify
13 attendance records or certificates of completion of continuing
14 education courses required under this article or rules adopted
15 under this article;
16 (5) is convicted of a crime, if the act that resulted in the
17 conviction has a direct bearing on determining if the certificate
18 holder or license holder should be entrusted to provide emergency
19 medical services;
20 (6) is convicted of violating IC 9-19-14.5;
21 (7) fails to comply and maintain compliance with or violates any
22 applicable provision, standard, or other requirement of this article
23 or rules adopted under this article;
24 (8) continues to practice if the certificate holder or license holder
25 becomes unfit to practice due to:
26 (A) professional incompetence that includes the undertaking
27 of professional activities that the certificate holder or license
28 holder is not qualified by training or experience to undertake;
29 (B) failure to keep abreast of current professional theory or
30 practice;
31 (C) physical or mental disability; or
32 (D) addiction to, abuse of, or dependency on alcohol or other
33 drugs that endanger the public by impairing the certificate
34 holder's or license holder's ability to practice safely;
35 (9) engages in a course of lewd or immoral conduct in connection
36 with the delivery of services to the public;
37 (10) allows the certificate holder's or license holder's name or a
38 certificate or license issued under this article to be used in
39 connection with a person who renders services beyond the scope
40 of that person's training, experience, or competence;
41 (11) is subjected to disciplinary action in another state or
42 jurisdiction on grounds similar to those contained in this chapter.
2023 IN 308—LS 7125/DI 106 52
1 For purposes of this subdivision, a certified copy of a record of
2 disciplinary action constitutes prima facie evidence of a
3 disciplinary action in another jurisdiction;
4 (12) assists another person in committing an act that would
5 constitute a ground for disciplinary sanction under this chapter;
6 (13) allows a certificate or license issued by the commission to
7 be:
8 (A) used by another person; or
9 (B) displayed to the public when the certificate or license is
10 expired, inactive, invalid, revoked, or suspended; or
11 (14) fails to notify the department in writing of any misdemeanor
12 or felony criminal conviction, except traffic related misdemeanors
13 other than operating a motor vehicle under the influence of a drug
14 or alcohol, within ninety (90) days after the entry of an order or
15 judgment. A certified copy of the order or judgment with a letter
16 of explanation must be submitted to the department along with the
17 written notice.
18 (b) The department of homeland security may issue an order under
19 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
20 the department of homeland security determines that a certificate
21 holder or license holder is subject to disciplinary sanctions under
22 subsection (a):
23 (1) Revocation of a certificate holder's certificate or license
24 holder's license for a period not to exceed seven (7) years.
25 (2) Suspension of a certificate holder's certificate or license
26 holder's license for a period not to exceed seven (7) years.
27 (3) Censure of a certificate holder or license holder.
28 (4) Issuance of a letter of reprimand.
29 (5) Assessment of a civil penalty against the certificate holder or
30 license holder in accordance with the following:
31 (A) The civil penalty may not exceed five hundred dollars
32 ($500) per day per violation.
33 (B) If the certificate holder or license holder fails to pay the
34 civil penalty within the time specified by the department of
35 homeland security, the department of homeland security may
36 suspend the certificate holder's certificate or license holder's
37 license without additional proceedings.
38 (6) Placement of a certificate holder or license holder on
39 probation status and requirement of the certificate holder or
40 license holder to:
41 (A) report regularly to the department of homeland security
42 upon the matters that are the basis of probation;
2023 IN 308—LS 7125/DI 106 53
1 (B) limit practice to those areas prescribed by the department
2 of homeland security;
3 (C) continue or renew professional education approved by the
4 department of homeland security until a satisfactory degree of
5 skill has been attained in those areas that are the basis of the
6 probation; or
7 (D) perform or refrain from performing any acts, including
8 community restitution or service without compensation, that
9 the department of homeland security considers appropriate to
10 the public interest or to the rehabilitation or treatment of the
11 certificate holder or license holder.
12 The department of homeland security may withdraw or modify
13 this probation if the department of homeland security finds after
14 a hearing that the deficiency that required disciplinary action is
15 remedied or that changed circumstances warrant a modification
16 of the order.
17 (c) If an applicant or a certificate holder or license holder has
18 engaged in or knowingly cooperated in fraud or material deception to
19 obtain a certificate or license, including cheating on the certification or
20 licensure examination, the department of homeland security may
21 rescind the certificate or license if it has been granted, void the
22 examination or other fraudulent or deceptive material, and prohibit the
23 applicant from reapplying for the certificate or license for a length of
24 time established by the department of homeland security.
25 (d) The department of homeland security may deny certification or
26 licensure to an applicant who would be subject to disciplinary sanctions
27 under subsection (b) if that person were a certificate holder or license
28 holder, has had disciplinary action taken against the applicant or the
29 applicant's certificate or license to practice in another state or
30 jurisdiction, or has practiced without a certificate or license in violation
31 of the law. A certified copy of the record of disciplinary action is
32 conclusive evidence of the other jurisdiction's disciplinary action.
33 (e) The department of homeland security may order a certificate
34 holder or license holder to submit to a reasonable physical or mental
35 examination if the certificate holder's or license holder's physical or
36 mental capacity to practice safely and competently is at issue in a
37 disciplinary proceeding. Failure to comply with a department of
38 homeland security order to submit to a physical or mental examination
39 makes a certificate holder or license holder liable to temporary
40 suspension under subsection (i).
41 (f) Except as provided under subsection (a), subsection (g), and
42 section 14.5 of this chapter, a certificate or license may not be denied,
2023 IN 308—LS 7125/DI 106 54
1 revoked, or suspended because the applicant, certificate holder, or
2 license holder has been convicted of an offense. The acts from which
3 the applicant's, certificate holder's, or license holder's conviction
4 resulted may be considered as to whether the applicant or certificate
5 holder or license holder should be entrusted to serve the public in a
6 specific capacity.
7 (g) The department of homeland security may deny, suspend, or
8 revoke a certificate or license issued under this article if the individual
9 who holds or is applying for the certificate or license is convicted of
10 any of the following:
11 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
12 (2) Possession of methamphetamine under IC 35-48-4-6.1.
13 (3) Possession of a controlled substance under IC 35-48-4-7(a).
14 (4) Fraudulently obtaining a controlled substance under
15 IC 35-48-4-7(c).
16 (5) Manufacture of paraphernalia as a Class D felony (for a crime
17 committed before July 1, 2014) or Level 6 felony (for a crime
18 committed after June 30, 2014) under IC 35-48-4-8.1(b).
19 (6) Dealing in paraphernalia as a Class D felony (for a crime
20 committed before July 1, 2014) or Level 6 felony (for a crime
21 committed after June 30, 2014) under IC 35-48-4-8.5(b).
22 (7) Possession of paraphernalia as a Class D felony (for a crime
23 committed before July 1, 2014) or Level 6 felony (for a crime
24 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
25 its amendment on July 1, 2015).
26 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
27 D felony (for a crime committed before July 1, 2014) or Level 6
28 felony (for a crime committed after June 30, 2014) under
29 IC 35-48-4-11.
30 (9) A felony offense under IC 35-48-4 involving:
31 (A) possession of a synthetic drug (as defined in
32 IC 35-31.5-2-321);
33 (B) possession of a synthetic drug lookalike substance (as
34 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
35 2019)) as a:
36 (i) Class D felony (for a crime committed before July 1,
37 2014); or
38 (ii) Level 6 felony (for a crime committed after June 30,
39 2014);
40 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
41 (C) possession of a controlled substance analog (as defined in
42 IC 35-48-1-9.3).
2023 IN 308—LS 7125/DI 106 55
1 (10) Maintaining a common nuisance under IC 35-48-4-13
2 (repealed) or IC 35-45-1-5, if the common nuisance involves a
3 controlled substance.
4 (11) An offense relating to registration, labeling, and prescription
5 forms under IC 35-48-4-14.
6 (h) A decision of the department of homeland security under
7 subsections (b) through (g) may be appealed to the commission under
8 IC 4-21.5-3-7.
9 (i) The department of homeland security may temporarily suspend
10 a certificate holder's certificate or license holder's license under
11 IC 4-21.5-4 before a final adjudication or during the appeals process if
12 the department of homeland security finds that a certificate holder or
13 license holder would represent a clear and immediate danger to the
14 public's health, safety, or property if the certificate holder or license
15 holder were allowed to continue to practice.
16 (j) On receipt of a complaint or information alleging that a person
17 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
18 or is engaging in a practice that is subject to disciplinary sanctions
19 under this chapter, the department of homeland security must initiate
20 an investigation against the person.
21 (k) The department of homeland security shall conduct a factfinding
22 investigation as the department of homeland security considers proper
23 in relation to the complaint.
24 (l) The department of homeland security may reinstate a certificate
25 or license that has been suspended under this section if the department
26 of homeland security is satisfied that the applicant is able to practice
27 with reasonable skill, competency, and safety to the public. As a
28 condition of reinstatement, the department of homeland security may
29 impose disciplinary or corrective measures authorized under this
30 chapter.
31 (m) The department of homeland security may not reinstate a
32 certificate or license that has been revoked under this chapter.
33 (n) The department of homeland security must be consistent in the
34 application of sanctions authorized in this chapter. Significant
35 departures from prior decisions involving similar conduct must be
36 explained in the department of homeland security's findings or orders.
37 (o) A certificate holder may not surrender the certificate holder's
38 certificate, and a license holder may not surrender the license holder's
39 license, without the written approval of the department of homeland
40 security, and the department of homeland security may impose any
41 conditions appropriate to the surrender or reinstatement of a
42 surrendered certificate or license.
2023 IN 308—LS 7125/DI 106 56
1 (p) For purposes of this section, "certificate holder" means a person
2 who holds:
3 (1) an unlimited certificate;
4 (2) a limited or probationary certificate; or
5 (3) an inactive certificate.
6 (q) For purposes of this section, "license holder" means a person
7 who holds:
8 (1) an unlimited license;
9 (2) a limited or probationary license; or
10 (3) an inactive license.
11 SECTION 9. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
12 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2023]: Sec. 14.5. The department of homeland security may
14 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
15 certification or licensure or permanently revoke a certificate or license
16 under procedures provided by section 14 of this chapter if the
17 individual who holds the certificate or license issued under this title is
18 convicted of any of the following:
19 (1) Dealing in a controlled substance resulting in death under
20 IC 35-42-1-1.5.
21 (2) Dealing in or manufacturing cocaine or a narcotic drug under
22 IC 35-48-4-1.
23 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
24 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
25 (5) Dealing in a schedule I, II, or III controlled substance under
26 IC 35-48-4-2.
27 (6) Dealing in a schedule IV controlled substance under
28 IC 35-48-4-3.
29 (7) Dealing in a schedule V controlled substance under
30 IC 35-48-4-4.
31 (8) Dealing in a substance represented to be a controlled
32 substance under IC 35-48-4-4.5 (repealed).
33 (9) Knowingly or intentionally manufacturing, advertising,
34 distributing, or possessing with intent to manufacture, advertise,
35 or distribute a substance represented to be a controlled substance
36 under IC 35-48-4-4.6.
37 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
38 (11) Dealing in marijuana, hash oil, hashish, or salvia or
39 mislabeled low THC hemp extract as a felony under
40 IC 35-48-4-10.
41 (12) An offense under IC 35-48-4 involving the manufacture or
42 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2023 IN 308—LS 7125/DI 106 57
1 synthetic drug lookalike substance (as defined in
2 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
4 substance analog (as defined in IC 35-48-1-9.3), or a substance
5 represented to be a controlled substance (as described in
6 IC 35-48-4-4.6).
7 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
8 SECTION 10. IC 16-42-27-2, AS AMENDED BY P.L.80-2019,
9 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2023]: Sec. 2. (a) A prescriber may, directly or by standing
11 order, prescribe or dispense an overdose intervention drug without
12 examining the individual to whom it may be administered if all of the
13 following conditions are met:
14 (1) The overdose intervention drug is dispensed or prescribed to:
15 (A) a person at risk of experiencing an opioid-related
16 overdose; or
17 (B) a family member, a friend, or any other individual or entity
18 in a position to assist an individual who, there is reason to
19 believe, is at risk of experiencing an opioid-related overdose.
20 (2) The prescriber instructs the individual receiving the overdose
21 intervention drug or prescription to summon emergency services
22 either immediately before or immediately after administering the
23 overdose intervention drug to an individual experiencing an
24 opioid-related overdose.
25 (3) The prescriber provides education and training on drug
26 overdose response and treatment, including the administration of
27 an overdose intervention drug.
28 (4) The prescriber provides drug addiction treatment information
29 and referrals to drug treatment programs, including programs in
30 the local area and programs that offer medication assisted
31 treatment that includes a federal Food and Drug Administration
32 approved long acting, nonaddictive medication for the treatment
33 of opioid or alcohol dependence.
34 (b) A prescriber may provide a prescription of an overdose
35 intervention drug to an individual as a part of the individual's addiction
36 treatment plan.
37 (c) An individual described in subsection (a)(1) may administer an
38 overdose intervention drug to an individual who is suffering from an
39 overdose.
40 (d) An individual described in subsection (a)(1) may not be
41 considered to be practicing medicine without a license in violation of
42 IC 25-22.5-8-2, if the individual, acting in good faith, does the
2023 IN 308—LS 7125/DI 106 58
1 following:
2 (1) Obtains the overdose intervention drug from a prescriber or
3 entity acting under a standing order issued by a prescriber.
4 (2) Administers the overdose intervention drug to an individual
5 who is experiencing an apparent opioid-related overdose.
6 (3) Attempts to summon emergency services either immediately
7 before or immediately after administering the overdose
8 intervention drug.
9 (e) An entity acting under a standing order issued by a prescriber
10 must do the following:
11 (1) Annually register with either the:
12 (A) state department; or
13 (B) local health department in the county where services will
14 be provided by the entity;
15 in a manner prescribed by the state department.
16 (2) Provide education and training on drug overdose response and
17 treatment, including the administration of an overdose
18 intervention drug.
19 (3) Provide drug addiction treatment information and referrals to
20 drug treatment programs, including programs in the local area and
21 programs that offer medication assisted treatment that includes a
22 federal Food and Drug Administration approved long acting,
23 nonaddictive medication for the treatment of opioid or alcohol
24 dependence.
25 (4) Submit an annual report to the state department containing:
26 (A) the number of sales of the overdose intervention drug
27 dispensed;
28 (B) the dates of sale of the overdose intervention drug
29 dispensed; and
30 (C) any additional information requested by the state
31 department.
32 (f) The state department shall ensure that a statewide standing order
33 for the dispensing of an overdose intervention drug in Indiana is issued
34 under this section. The state health commissioner or a designated
35 public health authority who is a licensed prescriber may, as part of the
36 individual's official capacity, issue a statewide standing order that may
37 be used for the dispensing of an overdose intervention drug under this
38 section. The immunity provided in IC 34-13-3-3 applies to an
39 individual described in this subsection.
40 (g) A law enforcement officer may not take an individual into
41 custody based solely on the commission of an offense described in
42 subsection (h), if the law enforcement officer, after making a
2023 IN 308—LS 7125/DI 106 59
1 reasonable determination and considering the facts and surrounding
2 circumstances, reasonably believes that the individual:
3 (1) obtained the overdose intervention drug as described in
4 subsection (a)(1);
5 (2) complied with the provisions in subsection (d);
6 (3) administered an overdose intervention drug to an individual
7 who appeared to be experiencing an opioid-related overdose;
8 (4) provided:
9 (A) the individual's full name; and
10 (B) any other relevant information requested by the law
11 enforcement officer;
12 (5) remained at the scene with the individual who reasonably
13 appeared to be in need of medical assistance until emergency
14 medical assistance arrived;
15 (6) cooperated with emergency medical assistance personnel and
16 law enforcement officers at the scene; and
17 (7) came into contact with law enforcement because the
18 individual requested emergency medical assistance for another
19 individual who appeared to be experiencing an opioid-related
20 overdose.
21 (h) An individual who meets the criteria in subsection (g) is immune
22 from criminal prosecution for the following:
23 (1) IC 35-48-4-6 (possession of cocaine).
24 (2) IC 35-48-4-6.1 (possession of methamphetamine).
25 (3) IC 35-48-4-7 (possession of a controlled substance).
26 (4) IC 35-48-4-8.3 (possession of paraphernalia).
27 (5) IC 35-48-4-11 (possession of marijuana). salvia).
28 (6) An offense under IC 35-48-4 involving possession of a
29 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
30 controlled substance analog (as defined in IC 35-48-1-9.3), or
31 possession of a substance represented to be a controlled substance
32 (as described in IC 35-48-4-4.6).
33 SECTION 11. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
34 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2023]: Sec. 8. (a) This section applies when a prosecuting
36 attorney knows that a licensed employee of a public school or a
37 nonpublic school has been convicted of an offense listed in subsection
38 (c). The prosecuting attorney shall immediately give written notice of
39 the conviction to the following:
40 (1) The secretary of education.
41 (2) Except as provided in subdivision (3), the superintendent of
42 the school corporation that employs the licensed employee or the
2023 IN 308—LS 7125/DI 106 60
1 equivalent authority if a nonpublic school employs the licensed
2 employee.
3 (3) The presiding officer of the governing body of the school
4 corporation that employs the licensed employee, if the convicted
5 licensed employee is the superintendent of the school corporation.
6 (b) The superintendent of a school corporation, presiding officer of
7 the governing body, or equivalent authority for a nonpublic school shall
8 immediately notify the secretary of education when the individual
9 knows that a current or former licensed employee of the public school
10 or nonpublic school has been convicted of an offense listed in
11 subsection (c), or when the governing body or equivalent authority for
12 a nonpublic school takes any final action in relation to an employee
13 who engaged in any offense listed in subsection (c).
14 (c) Except as provided in section 8.5 of this chapter, the department
15 shall permanently revoke the license of a person who is known by the
16 department to have been convicted of any of the following:
17 (1) The following felonies:
18 (A) A sex crime under IC 35-42-4 (including criminal deviate
19 conduct (IC 35-42-4-2) (before its repeal)).
20 (B) Kidnapping (IC 35-42-3-2).
21 (C) Criminal confinement (IC 35-42-3-3).
22 (D) Incest (IC 35-46-1-3).
23 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
24 35-48-4-1).
25 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
26 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
27 (H) Dealing in a schedule I, II, or III controlled substance (IC
28 35-48-4-2).
29 (I) Dealing in a schedule IV controlled substance (IC
30 35-48-4-3).
31 (J) Dealing in a schedule V controlled substance (IC
32 35-48-4-4).
33 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
34 (L) Dealing in marijuana, hash oil, hashish, or salvia or
35 mislabeled low THC hemp extract as a felony (IC
36 35-48-4-10).
37 (M) An offense under IC 35-48-4 involving the manufacture
38 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
39 synthetic drug lookalike substance (as defined in
40 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
41 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
42 controlled substance analog (as defined in IC 35-48-1-9.3), or
2023 IN 308—LS 7125/DI 106 61
1 a substance represented to be a controlled substance (as
2 described in IC 35-48-4-4.6).
3 (N) Homicide (IC 35-42-1).
4 (O) Voluntary manslaughter (IC 35-42-1-3).
5 (P) Reckless homicide (IC 35-42-1-5).
6 (Q) Battery as any of the following:
7 (i) A Class A felony (for a crime committed before July 1,
8 2014) or a Level 2 felony (for a crime committed after June
9 30, 2014).
10 (ii) A Class B felony (for a crime committed before July 1,
11 2014) or a Level 3 felony (for a crime committed after June
12 30, 2014).
13 (iii) A Class C felony (for a crime committed before July 1,
14 2014) or a Level 5 felony (for a crime committed after June
15 30, 2014).
16 (R) Aggravated battery (IC 35-42-2-1.5).
17 (S) Robbery (IC 35-42-5-1).
18 (T) Carjacking (IC 35-42-5-2) (before its repeal).
19 (U) Arson as a Class A felony or Class B felony (for a crime
20 committed before July 1, 2014) or as a Level 2, Level 3, or
21 Level 4 felony (for a crime committed after June 30, 2014) (IC
22 35-43-1-1(a)).
23 (V) Burglary as a Class A felony or Class B felony (for a crime
24 committed before July 1, 2014) or as a Level 1, Level 2, Level
25 3, or Level 4 felony (for a crime committed after June 30,
26 2014) (IC 35-43-2-1).
27 (W) Human trafficking (IC 35-42-3.5).
28 (X) Dealing in a controlled substance resulting in death (IC
29 35-42-1-1.5).
30 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
31 this subsection.
32 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
33 in this subsection.
34 (2) Public indecency (IC 35-45-4-1) committed:
35 (A) after June 30, 2003; or
36 (B) before July 1, 2003, if the person committed the offense
37 by, in a public place:
38 (i) engaging in sexual intercourse or other sexual conduct
39 (as defined in IC 35-31.5-2-221.5);
40 (ii) appearing in a state of nudity with the intent to arouse
41 the sexual desires of the person or another person, or being
42 at least eighteen (18) years of age, with the intent to be seen
2023 IN 308—LS 7125/DI 106 62
1 by a child less than sixteen (16) years of age; or
2 (iii) fondling the person's genitals or the genitals of another
3 person.
4 (d) The department shall permanently revoke the license of a person
5 who is known by the department to have been convicted of a federal
6 offense or an offense in another state that is comparable to a felony or
7 misdemeanor listed in subsection (c).
8 (e) A license may be suspended by the secretary of education as
9 specified in IC 20-28-7.5.
10 (f) The department shall develop a data base of information on
11 school corporation employees who have been reported to the
12 department under this section.
13 (g) Upon receipt of information from the office of judicial
14 administration in accordance with IC 33-24-6-3 concerning persons
15 convicted of an offense listed in subsection (c), the department shall:
16 (1) cross check the information received from the office of
17 judicial administration with information concerning licensed
18 teachers (as defined in IC 20-18-2-22(b)) maintained by the
19 department; and
20 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
21 convicted of an offense described in subsection (c), revoke the
22 licensed teacher's license.
23 SECTION 12. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
24 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2023]: Sec. 16. (a) A practitioner shall comply with the
26 standards established under this licensing program. A practitioner is
27 subject to the exercise of the disciplinary sanctions under subsection
28 (b) if the department finds that a practitioner has:
29 (1) engaged in or knowingly cooperated in fraud or material
30 deception in order to obtain a license to practice, including
31 cheating on a licensing examination;
32 (2) engaged in fraud or material deception in the course of
33 professional services or activities;
34 (3) advertised services or goods in a false or misleading manner;
35 (4) falsified or knowingly allowed another person to falsify
36 attendance records or certificates of completion of continuing
37 education courses provided under this chapter;
38 (5) been convicted of a crime that has a direct bearing on the
39 practitioner's ability to continue to practice competently;
40 (6) knowingly violated a state statute or rule or federal statute or
41 regulation regulating the profession for which the practitioner is
42 licensed;
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1 (7) continued to practice although the practitioner has become
2 unfit to practice due to:
3 (A) professional incompetence;
4 (B) failure to keep abreast of current professional theory or
5 practice;
6 (C) physical or mental disability; or
7 (D) addiction to, abuse of, or severe dependency on alcohol or
8 other drugs that endanger the public by impairing a
9 practitioner's ability to practice safely;
10 (8) engaged in a course of lewd or immoral conduct in connection
11 with the delivery of services to the public;
12 (9) allowed the practitioner's name or a license issued under this
13 chapter to be used in connection with an individual or business
14 who renders services beyond the scope of that individual's or
15 business's training, experience, or competence;
16 (10) had disciplinary action taken against the practitioner or the
17 practitioner's license to practice in another state or jurisdiction on
18 grounds similar to those under this chapter;
19 (11) assisted another person in committing an act that would
20 constitute a ground for disciplinary sanction under this chapter;
21 or
22 (12) allowed a license issued by the department to be:
23 (A) used by another person; or
24 (B) displayed to the public when the license has expired, is
25 inactive, is invalid, or has been revoked or suspended.
26 For purposes of subdivision (10), a certified copy of a record of
27 disciplinary action constitutes prima facie evidence of a disciplinary
28 action in another jurisdiction.
29 (b) The department may impose one (1) or more of the following
30 sanctions if the department finds that a practitioner is subject to
31 disciplinary sanctions under subsection (a):
32 (1) Permanent revocation of a practitioner's license.
33 (2) Suspension of a practitioner's license.
34 (3) Censure of a practitioner.
35 (4) Issuance of a letter of reprimand.
36 (5) Assessment of a civil penalty against the practitioner in
37 accordance with the following:
38 (A) The civil penalty may not be more than one thousand
39 dollars ($1,000) for each violation listed in subsection (a),
40 except for a finding of incompetency due to a physical or
41 mental disability.
42 (B) When imposing a civil penalty, the department shall
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1 consider a practitioner's ability to pay the amount assessed. If
2 the practitioner fails to pay the civil penalty within the time
3 specified by the department, the department may suspend the
4 practitioner's license without additional proceedings. However,
5 a suspension may not be imposed if the sole basis for the
6 suspension is the practitioner's inability to pay a civil penalty.
7 (6) Placement of a practitioner on probation status and
8 requirement of the practitioner to:
9 (A) report regularly to the department upon the matters that
10 are the basis of probation;
11 (B) limit practice to those areas prescribed by the department;
12 (C) continue or renew professional education approved by the
13 department until a satisfactory degree of skill has been attained
14 in those areas that are the basis of the probation; or
15 (D) perform or refrain from performing any acts, including
16 community restitution or service without compensation, that
17 the department considers appropriate to the public interest or
18 to the rehabilitation or treatment of the practitioner.
19 The department may withdraw or modify this probation if the
20 department finds after a hearing that the deficiency that required
21 disciplinary action has been remedied or that changed
22 circumstances warrant a modification of the order.
23 (c) If an applicant or a practitioner has engaged in or knowingly
24 cooperated in fraud or material deception to obtain a license to
25 practice, including cheating on the licensing examination, the
26 department may rescind the license if it has been granted, void the
27 examination or other fraudulent or deceptive material, and prohibit the
28 applicant from reapplying for the license for a length of time
29 established by the department.
30 (d) The department may deny licensure to an applicant who has had
31 disciplinary action taken against the applicant or the applicant's license
32 to practice in another state or jurisdiction or who has practiced without
33 a license in violation of the law. A certified copy of the record of
34 disciplinary action is conclusive evidence of the other jurisdiction's
35 disciplinary action.
36 (e) The department may order a practitioner to submit to a
37 reasonable physical or mental examination if the practitioner's physical
38 or mental capacity to practice safely and competently is at issue in a
39 disciplinary proceeding. Failure to comply with a department order to
40 submit to a physical or mental examination makes a practitioner liable
41 to temporary suspension under subsection (j).
42 (f) Except as provided under subsection (g) or (h), a license may not
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1 be denied, revoked, or suspended because the applicant or holder has
2 been convicted of an offense. The acts from which the applicant's or
3 holder's conviction resulted may, however, be considered as to whether
4 the applicant or holder should be entrusted to serve the public in a
5 specific capacity.
6 (g) The department may deny, suspend, or revoke a license issued
7 under this chapter if the individual who holds the license is convicted
8 of any of the following:
9 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
10 (2) Possession of methamphetamine under IC 35-48-4-6.1.
11 (3) Possession of a controlled substance under IC 35-48-4-7(a).
12 (4) Fraudulently obtaining a controlled substance under
13 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
14 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
15 (5) Manufacture of paraphernalia as a Class D felony (for a crime
16 committed before July 1, 2014) or a Level 6 felony (for a crime
17 committed after June 30, 2014) under IC 35-48-4-8.1(b).
18 (6) Dealing in paraphernalia as a Class D felony (for a crime
19 committed before July 1, 2014) or a Level 6 felony (for a crime
20 committed after June 30, 2014) under IC 35-48-4-8.5(b).
21 (7) Possession of paraphernalia as a Class D felony (for a crime
22 committed before July 1, 2014) or a Level 6 felony (for a crime
23 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
24 its amendment on July 1, 2015).
25 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
26 D felony (for a crime committed before July 1, 2014) or a Level
27 6 felony (for a crime committed after June 30, 2014) under
28 IC 35-48-4-11.
29 (9) A felony offense under IC 35-48-4 involving possession of a
30 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
31 controlled substance analog (as defined in IC 35-48-1-9.3), or
32 possession of a synthetic drug lookalike substance (as defined in
33 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
34 (A) Class D felony for a crime committed before July 1, 2014;
35 or
36 (B) Level 6 felony for a crime committed after June 30, 2014;
37 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
38 (10) Maintaining a common nuisance under IC 35-48-4-13
39 (repealed) or IC 35-45-1-5, if the common nuisance involves a
40 controlled substance.
41 (11) An offense relating to registration, labeling, and prescription
42 forms under IC 35-48-4-14.
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1 (h) The department shall deny, revoke, or suspend a license issued
2 under this chapter if the individual who holds the license is convicted
3 of any of the following:
4 (1) Dealing in a controlled substance resulting in death under
5 IC 35-42-1-1.5.
6 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
7 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
8 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
9 (5) Dealing in a schedule I, II, or III controlled substance under
10 IC 35-48-4-2.
11 (6) Dealing in a schedule IV controlled substance under
12 IC 35-48-4-3.
13 (7) Dealing in a schedule V controlled substance under
14 IC 35-48-4-4.
15 (8) Dealing in a substance represented to be a controlled
16 substance under IC 35-48-4-4.5 (repealed).
17 (9) Knowingly or intentionally manufacturing, advertising,
18 distributing, or possessing with intent to manufacture, advertise,
19 or distribute a substance represented to be a controlled substance
20 under IC 35-48-4-4.6.
21 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
22 (11) Dealing in marijuana, hash oil, hashish, or salvia or
23 mislabeled low THC hemp extract as a felony under
24 IC 35-48-4-10.
25 (12) An offense under IC 35-48-4 involving the manufacture or
26 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
27 synthetic drug lookalike substance (as defined in
28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
29 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
30 substance analog (as defined in IC 35-48-1-9.3), or a substance
31 represented to be a controlled substance (as described in
32 IC 35-48-4-4.6).
33 (13) A violation of any federal or state drug law or rule related to
34 wholesale legend drug distributors licensed under IC 25-26-14.
35 (i) A decision of the department under subsections (b) through (h)
36 may be appealed to the commission under IC 4-21.5-3-7.
37 (j) The department may temporarily suspend a practitioner's license
38 under IC 4-21.5-4 before a final adjudication or during the appeals
39 process if the department finds that a practitioner represents a clear and
40 immediate danger to the public's health, safety, or property if the
41 practitioner is allowed to continue to practice.
42 (k) On receipt of a complaint or an information alleging that a
2023 IN 308—LS 7125/DI 106 67
1 person licensed under this chapter has engaged in or is engaging in a
2 practice that jeopardizes the public health, safety, or welfare, the
3 department shall initiate an investigation against the person.
4 (l) Any complaint filed with the office of the attorney general
5 alleging a violation of this licensing program shall be referred to the
6 department for summary review and for its general information and any
7 authorized action at the time of the filing.
8 (m) The department shall conduct a fact finding investigation as the
9 department considers proper in relation to the complaint.
10 (n) The department may reinstate a license that has been suspended
11 under this section if, after a hearing, the department is satisfied that the
12 applicant is able to practice with reasonable skill, safety, and
13 competency to the public. As a condition of reinstatement, the
14 department may impose disciplinary or corrective measures authorized
15 under this chapter.
16 (o) The department may not reinstate a license that has been
17 revoked under this chapter. An individual whose license has been
18 revoked under this chapter may not apply for a new license until seven
19 (7) years after the date of revocation.
20 (p) The department shall seek to achieve consistency in the
21 application of sanctions authorized in this chapter. Significant
22 departures from prior decisions involving similar conduct must be
23 explained in the department's findings or orders.
24 (q) A practitioner may petition the department to accept the
25 surrender of the practitioner's license instead of having a hearing before
26 the commission. The practitioner may not surrender the practitioner's
27 license without the written approval of the department, and the
28 department may impose any conditions appropriate to the surrender or
29 reinstatement of a surrendered license.
30 (r) A practitioner who has been subjected to disciplinary sanctions
31 may be required by the commission to pay the costs of the proceeding.
32 The practitioner's ability to pay shall be considered when costs are
33 assessed. If the practitioner fails to pay the costs, a suspension may not
34 be imposed solely upon the practitioner's inability to pay the amount
35 assessed. The costs are limited to costs for the following:
36 (1) Court reporters.
37 (2) Transcripts.
38 (3) Certification of documents.
39 (4) Photo duplication.
40 (5) Witness attendance and mileage fees.
41 (6) Postage.
42 (7) Expert witnesses.
2023 IN 308—LS 7125/DI 106 68
1 (8) Depositions.
2 (9) Notarizations.
3 SECTION 13. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
4 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2023]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
6 commission, or a committee may suspend, deny, or revoke a license or
7 certificate issued under this title by the board, the commission, or the
8 committee without an investigation by the office of the attorney general
9 if the individual who holds the license or certificate is convicted of any
10 of the following and the board, commission, or committee determines,
11 after the individual has appeared in person, that the offense affects the
12 individual's ability to perform the duties of the profession:
13 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
14 (2) Possession of methamphetamine under IC 35-48-4-6.1.
15 (3) Possession of a controlled substance under IC 35-48-4-7(a).
16 (4) Fraudulently obtaining a controlled substance under
17 IC 35-48-4-7(c).
18 (5) Manufacture of paraphernalia as a Class D felony (for a crime
19 committed before July 1, 2014) or a Level 6 felony (for a crime
20 committed after June 30, 2014) under IC 35-48-4-8.1(b).
21 (6) Dealing in paraphernalia as a Class D felony (for a crime
22 committed before July 1, 2014) or a Level 6 felony (for a crime
23 committed after June 30, 2014) under IC 35-48-4-8.5(b).
24 (7) Possession of paraphernalia as a Class D felony (for a crime
25 committed before July 1, 2014) or a Level 6 felony (for a crime
26 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
27 its amendment on July 1, 2015).
28 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
29 D felony (for a crime committed before July 1, 2014) or a Level
30 6 felony (for a crime committed after June 30, 2014) under
31 IC 35-48-4-11.
32 (9) A felony offense under IC 35-48-4 involving possession of a
33 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
34 controlled substance analog (as defined in IC 35-48-1-9.3), or
35 possession of a synthetic drug lookalike substance (as defined in
36 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
37 (A) Class D felony for a crime committed before July 1, 2014;
38 or
39 (B) Level 6 felony for a crime committed after June 30, 2014;
40 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
41 (10) Maintaining a common nuisance under IC 35-48-4-13
42 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2023 IN 308—LS 7125/DI 106 69
1 controlled substance.
2 (11) An offense relating to registration, labeling, and prescription
3 forms under IC 35-48-4-14.
4 (12) A sex crime under IC 35-42-4.
5 (13) A felony that reflects adversely on the individual's fitness to
6 hold a professional license.
7 SECTION 14. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
8 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 3. A board, a commission, or a committee shall
10 revoke or suspend a license or certificate issued under this title by the
11 board, the commission, or the committee if the individual who holds
12 the license or certificate is convicted of any of the following:
13 (1) Dealing in a controlled substance resulting in death under
14 IC 35-42-1-1.5.
15 (2) Dealing in or manufacturing cocaine or a narcotic drug under
16 IC 35-48-4-1.
17 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
18 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
19 (5) Dealing in a schedule I, II, or III controlled substance under
20 IC 35-48-4-2.
21 (6) Dealing in a schedule IV controlled substance under
22 IC 35-48-4-3.
23 (7) Dealing in a schedule V controlled substance under
24 IC 35-48-4-4.
25 (8) Dealing in a substance represented to be a controlled
26 substance under IC 35-48-4-4.5 (before its repeal on July 1,
27 2019).
28 (9) Knowingly or intentionally manufacturing, advertising,
29 distributing, or possessing with intent to manufacture, advertise,
30 or distribute a substance represented to be a controlled substance
31 under IC 35-48-4-4.6.
32 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
33 (11) Dealing in marijuana, hash oil, hashish, or salvia or
34 mislabeled low THC hemp extract as a felony under
35 IC 35-48-4-10.
36 (12) An offense under IC 35-48-4 involving the manufacture or
37 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
38 synthetic drug lookalike substance (as defined in
39 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
40 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
41 substance analog (as defined in IC 35-48-1-9.3), or a substance
42 represented to be a controlled substance (as described in
2023 IN 308—LS 7125/DI 106 70
1 IC 35-48-4-4.6).
2 (13) A violation of any federal or state drug law or rule related to
3 wholesale legend drug distributors licensed under IC 25-26-14.
4 SECTION 15. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
5 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2023]: Sec. 1. (a) The following may be seized:
7 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
8 or are intended for use by the person or persons in possession of
9 them to transport or in any manner to facilitate the transportation
10 of the following:
11 (A) A controlled substance for the purpose of committing,
12 attempting to commit, or conspiring to commit any of the
13 following:
14 (i) Dealing in or manufacturing cocaine or a narcotic drug
15 (IC 35-48-4-1).
16 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
17 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
18 (iv) Dealing in a schedule I, II, or III controlled substance
19 (IC 35-48-4-2).
20 (v) Dealing in a schedule IV controlled substance (IC
21 35-48-4-3).
22 (vi) Dealing in a schedule V controlled substance (IC
23 35-48-4-4).
24 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
25 (viii) Possession of cocaine or a narcotic drug (IC
26 35-48-4-6).
27 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
28 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
29 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
30 mislabeled low THC hemp extract (IC 35-48-4-10).
31 (xii) An offense under IC 35-48-4 involving a synthetic drug
32 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
33 substance (as defined in IC 35-31.5-2-321.5 (before its
34 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
35 repeal on July 1, 2019), a controlled substance analog (as
36 defined in IC 35-48-1-9.3), or a substance represented to be
37 a controlled substance (as described in IC 35-48-4-4.6).
38 (xiii) A violation of IC 7.1-8.
39 (B) Any stolen (IC 35-43-4-2) or converted property (IC
40 35-43-4-3) if the retail or repurchase value of that property is
41 one hundred dollars ($100) or more.
42 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
2023 IN 308—LS 7125/DI 106 71
1 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
2 mass destruction (as defined in IC 35-31.5-2-354) used to
3 commit, used in an attempt to commit, or used in a conspiracy
4 to commit a felony terrorist offense (as defined in
5 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
6 furtherance of an act of terrorism (as defined by
7 IC 35-31.5-2-329).
8 (2) All money, negotiable instruments, securities, weapons,
9 communications devices, or any property used to commit, used in
10 an attempt to commit, or used in a conspiracy to commit a felony
11 terrorist offense (as defined in IC 35-50-2-18) or an offense under
12 IC 35-47 as part of or in furtherance of an act of terrorism or
13 commonly used as consideration for a violation of IC 35-48-4
14 (other than items subject to forfeiture under IC 16-42-20-5 or
15 IC 16-6-8.5-5.1, before its repeal):
16 (A) furnished or intended to be furnished by any person in
17 exchange for an act that is in violation of a criminal statute;
18 (B) used to facilitate any violation of a criminal statute; or
19 (C) traceable as proceeds of the violation of a criminal statute.
20 (3) Any portion of real or personal property purchased with
21 money that is traceable as a proceed of a violation of a criminal
22 statute.
23 (4) A vehicle that is used by a person to:
24 (A) commit, attempt to commit, or conspire to commit;
25 (B) facilitate the commission of; or
26 (C) escape from the commission of;
27 murder (IC 35-42-1-1), dealing in a controlled substance resulting
28 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
29 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
30 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
31 under IC 35-47 as part of or in furtherance of an act of terrorism.
32 (5) Real property owned by a person who uses it to commit any of
33 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
34 felony:
35 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
36 35-48-4-1).
37 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
38 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
39 (D) Dealing in a schedule I, II, or III controlled substance (IC
40 35-48-4-2).
41 (E) Dealing in a schedule IV controlled substance (IC
42 35-48-4-3).
2023 IN 308—LS 7125/DI 106 72
1 (F) Dealing in marijuana, hash oil, hashish, or salvia or
2 mislabeled low THC hemp extract (IC 35-48-4-10).
3 (G) Dealing in a synthetic drug (as defined in
4 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
5 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
6 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
7 2019).
8 (H) Dealing in a controlled substance resulting in death (IC
9 35-42-1-1.5).
10 (6) Equipment and recordings used by a person to commit fraud
11 under IC 35-43-5.
12 (7) Recordings sold, rented, transported, or possessed by a person
13 in violation of IC 24-4-10.
14 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
15 defined by IC 35-45-6-1) that is the object of a corrupt business
16 influence violation (IC 35-45-6-2).
17 (9) Unlawful telecommunications devices (as defined in
18 IC 35-45-13-6) and plans, instructions, or publications used to
19 commit an offense under IC 35-45-13.
20 (10) Any equipment, including computer equipment and cellular
21 telephones, used for or intended for use in preparing,
22 photographing, recording, videotaping, digitizing, printing,
23 copying, or disseminating matter in violation of IC 35-42-4.
24 (11) Destructive devices used, possessed, transported, or sold in
25 violation of IC 35-47.5.
26 (12) Tobacco products that are sold in violation of IC 24-3-5,
27 tobacco products that a person attempts to sell in violation of
28 IC 24-3-5, and other personal property owned and used by a
29 person to facilitate a violation of IC 24-3-5.
30 (13) Property used by a person to commit counterfeiting or
31 forgery in violation of IC 35-43-5-2.
32 (14) After December 31, 2005, if a person is convicted of an
33 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
34 following real or personal property:
35 (A) Property used or intended to be used to commit, facilitate,
36 or promote the commission of the offense.
37 (B) Property constituting, derived from, or traceable to the
38 gross proceeds that the person obtained directly or indirectly
39 as a result of the offense.
40 (15) Except as provided in subsection (e), a vehicle used by a
41 person who operates the vehicle:
42 (A) while intoxicated, in violation of IC 9-30-5-1 through
2023 IN 308—LS 7125/DI 106 73
1 IC 9-30-5-5, if in the previous five (5) years the person has two
2 (2) or more prior unrelated convictions for operating a motor
3 vehicle while intoxicated in violation of IC 9-30-5-1 through
4 IC 9-30-5-5; or
5 (B) on a highway while the person's driving privileges are
6 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
7 if in the previous five (5) years the person has two (2) or more
8 prior unrelated convictions for operating a vehicle while
9 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
10 If a court orders the seizure of a vehicle under this subdivision,
11 the court shall transmit an order to the bureau of motor vehicles
12 recommending that the bureau not permit a vehicle to be
13 registered in the name of the person whose vehicle was seized
14 until the person possesses a current driving license (as defined in
15 IC 9-13-2-41).
16 (16) Cannabis and cannabis products grown, processed, sold,
17 or offered for sale in violation of IC 7.1-8.
18 (16) (17) The following real or personal property:
19 (A) Property used or intended to be used to commit, facilitate,
20 or promote the commission of an offense specified in
21 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
22 IC 30-2-13-38(f).
23 (B) Property constituting, derived from, or traceable to the
24 gross proceeds that a person obtains directly or indirectly as a
25 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
26 IC 30-2-10-9(b), or IC 30-2-13-38(f).
27 (17) (18) Real or personal property, including a vehicle, that is
28 used by a person to:
29 (A) commit, attempt to commit, or conspire to commit;
30 (B) facilitate the commission of; or
31 (C) escape from the commission of;
32 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
33 trafficking) or IC 35-45-4-4 (promoting prostitution).
34 (b) A vehicle used by any person as a common or contract carrier in
35 the transaction of business as a common or contract carrier is not
36 subject to seizure under this section, unless it can be proven by a
37 preponderance of the evidence that the owner of the vehicle knowingly
38 permitted the vehicle to be used to engage in conduct that subjects it to
39 seizure under subsection (a).
40 (c) Equipment under subsection (a)(10) may not be seized unless it
41 can be proven by a preponderance of the evidence that the owner of the
42 equipment knowingly permitted the equipment to be used to engage in
2023 IN 308—LS 7125/DI 106 74
1 conduct that subjects it to seizure under subsection (a)(10).
2 (d) Money, negotiable instruments, securities, weapons,
3 communications devices, or any property commonly used as
4 consideration for a violation of IC 35-48-4 found near or on a person
5 who is committing, attempting to commit, or conspiring to commit any
6 of the following offenses shall be admitted into evidence in an action
7 under this chapter as prima facie evidence that the money, negotiable
8 instrument, security, or other thing of value is property that has been
9 used or was to have been used to facilitate the violation of a criminal
10 statute or is the proceeds of the violation of a criminal statute:
11 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
12 death).
13 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
14 narcotic drug).
15 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
16 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
17 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
18 substance).
19 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
20 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
21 as a Level 4 felony.
22 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
23 Level 3, Level 4, or Level 5 felony.
24 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
25 3, Level 4, or Level 5 felony.
26 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
27 salvia or mislabeled low THC hemp extract) as a Level 5
28 felony.
29 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
30 in a synthetic drug or synthetic drug lookalike substance) as a
31 Level 5 felony or Level 6 felony (or as a Class C felony or Class
32 D felony under IC 35-48-4-10 before its amendment in 2013).
33 (e) A vehicle operated by a person who is not:
34 (1) an owner of the vehicle; or
35 (2) the spouse of the person who owns the vehicle;
36 is not subject to seizure under subsection (a)(15) unless it can be
37 proven by a preponderance of the evidence that the owner of the
38 vehicle knowingly permitted the vehicle to be used to engage in
39 conduct that subjects it to seizure under subsection (a)(15).
40 SECTION 16. IC 34-30-2.1-73.5 IS ADDED TO THE INDIANA
41 CODE AS A NEW SECTION TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2023]: Sec. 73.5. IC 7.1-8-7-16 (Concerning
2023 IN 308—LS 7125/DI 106 75
1 acts and omissions of the members of the cannabis commission and
2 their officers and employees).
3 SECTION 17. IC 35-31.5-2-185, AS AMENDED BY P.L.64-2022,
4 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2023]: Sec. 185. (a) "Law enforcement officer" means:
6 (1) a police officer (including a tribal police officer and a
7 correctional police officer), sheriff, constable, marshal,
8 prosecuting attorney, special prosecuting attorney, special deputy
9 prosecuting attorney, the securities commissioner, or the inspector
10 general;
11 (2) a deputy of any of those persons;
12 (3) an investigator for a prosecuting attorney or for the inspector
13 general;
14 (4) a conservation officer;
15 (5) an enforcement officer of the alcohol and tobacco commission
16 or of the cannabis commission;
17 (6) an enforcement officer of the securities division of the office
18 of the secretary of state; or
19 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
20 control officer employed by the gaming control division under
21 IC 4-33-20.
22 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
23 includes an alcoholic beverage enforcement officer, as set forth in
24 IC 35-42-2-1.
25 (c) "Law enforcement officer", for purposes of IC 35-45-15,
26 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
27 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
28 IC 35-44.1-3-2, includes a school resource officer (as defined in
29 IC 20-26-18.2-1) and a school corporation police officer appointed
30 under IC 20-26-16.
31 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
32 meaning set forth in IC 35-40.5-1-1.
33 SECTION 18. IC 35-45-6-1, AS AMENDED BY P.L.25-2022,
34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2023]: Sec. 1. (a) The definitions in this section apply
36 throughout this chapter.
37 (b) "Documentary material" means any document, drawing,
38 photograph, recording, or other tangible item containing compiled data
39 from which information can be either obtained or translated into a
40 usable form.
41 (c) "Enterprise" means:
42 (1) a sole proprietorship, corporation, limited liability company,
2023 IN 308—LS 7125/DI 106 76
1 partnership, business trust, or governmental entity; or
2 (2) a union, an association, or a group, whether a legal entity or
3 merely associated in fact.
4 (d) "Pattern of racketeering activity" means engaging in at least two
5 (2) incidents of racketeering activity that have the same or similar
6 intent, result, accomplice, victim, or method of commission, or that are
7 otherwise interrelated by distinguishing characteristics that are not
8 isolated incidents. However, the incidents are a pattern of racketeering
9 activity only if at least one (1) of the incidents occurred after August
10 31, 1980, and if the last of the incidents occurred within five (5) years
11 after a prior incident of racketeering activity.
12 (e) "Racketeering activity" means to commit, to attempt to commit,
13 to conspire to commit a violation of, or aiding and abetting in a
14 violation of any of the following:
15 (1) A provision of IC 23-19, or of a rule or order issued under
16 IC 23-19.
17 (2) A violation of IC 35-45-9.
18 (3) A violation of IC 35-47.
19 (4) A violation of IC 35-49-3.
20 (5) Murder (IC 35-42-1-1).
21 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
22 felony after June 30, 2014 (IC 35-42-2-1).
23 (7) Kidnapping (IC 35-42-3-2).
24 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
25 (9) Child exploitation (IC 35-42-4-4).
26 (10) Robbery (IC 35-42-5-1).
27 (11) Carjacking (IC 35-42-5-2) (before its repeal).
28 (12) Arson (IC 35-43-1-1).
29 (13) Burglary (IC 35-43-2-1).
30 (14) Theft (IC 35-43-4-2).
31 (15) Receiving stolen property (IC 35-43-4-2) (before its
32 amendment on July 1, 2018).
33 (16) Forgery (IC 35-43-5-2).
34 (17) An offense under IC 35-43-5.
35 (18) Bribery (IC 35-44.1-1-2).
36 (19) Official misconduct (IC 35-44.1-1-1).
37 (20) Conflict of interest (IC 35-44.1-1-4).
38 (21) Perjury (IC 35-44.1-2-1).
39 (22) Obstruction of justice (IC 35-44.1-2-2).
40 (23) Intimidation (IC 35-45-2-1).
41 (24) Promoting prostitution (IC 35-45-4-4).
42 (25) Professional gambling (IC 35-45-5-3).
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1 (26) Maintaining a professional gambling site (IC
2 35-45-5-3.5(b)).
3 (27) Promoting professional gambling (IC 35-45-5-4).
4 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
5 35-48-4-1).
6 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
7 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
8 (31) Dealing in a schedule I, II, or III controlled substance (IC
9 35-48-4-2).
10 (32) Dealing in a schedule IV controlled substance (IC
11 35-48-4-3).
12 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
13 (34) Dealing in marijuana, hash oil, hashish, or salvia or
14 mislabeled low THC hemp extract (IC 35-48-4-10).
15 (35) Money laundering (IC 35-45-15-5).
16 (36) A violation of IC 35-47.5-5.
17 (37) A violation of any of the following:
18 (A) IC 23-14-48-9.
19 (B) IC 30-2-9-7(b).
20 (C) IC 30-2-10-9(b).
21 (D) IC 30-2-13-38(f).
22 (38) Practice of law by a person who is not an attorney (IC
23 33-43-2-1).
24 (39) An offense listed in IC 35-48-4 involving the manufacture or
25 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
26 synthetic drug lookalike substance (as defined in
27 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
28 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
29 substance analog (as defined in IC 35-48-1-9.3), or a substance
30 represented to be a controlled substance (as described in
31 IC 35-48-4-4.6).
32 (40) Dealing in a controlled substance resulting in death (IC
33 35-42-1-1.5).
34 SECTION 19. IC 35-48-2-4, AS AMENDED BY P.L.10-2021,
35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2023]: Sec. 4. (a) The controlled substances listed in this
37 section are included in schedule I.
38 (b) Opiates. Any of the following opiates, including their isomers,
39 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
40 specifically excepted by rule of the board or unless listed in another
41 schedule, whenever the existence of these isomers, esters, ethers, and
42 salts is possible within the specific chemical designation:
2023 IN 308—LS 7125/DI 106 78
1 4-fluoroisobutyryl fentanyl
2 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
3 piperidinyl]-N-phenylacetamide) (9815)
4 Acetyl fentanyl (Other names include:
5 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
6 Acetylmethadol (9601)
7 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
8 N-phenylacrylamide
9 Allylprodine (9602)
10 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
11 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
12 Alphacetylmethadol (9603)
13 Alphameprodine (9604)
14 Alphamethadol (9605)
15 Alphamethylfentanyl (9814)
16 Benzethidine (9606)
17 Beta-hydroxy-3-methylfentanyl (9831). Other name:
18 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
19 ]-N-phenylpropanamide
20 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
21 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
22 Betacetylmethadol (9607)
23 Betameprodine (9608)
24 Betamethadol (9609)
25 Betaprodine (9611)
26 Clonitazene (9612)
27 Cyclopentyl fentanyl. Other name:
28 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
29 Dextromoramide (9613)
30 Diampromide (9615)
31 Diethylthiambutene (9616)
32 Difenoxin (9168)
33 Dimenoxadol (9617)
34 Dimepheptanol (9618)
35 Dimethylthiambutene (9619)
36 Dioxaphetyl butyrate (9621)
37 Dipipanone (9622)
38 Ethylmethylthiambutene (9623)
39 Etonitazene (9624)
40 Etoxeridine (9625)
41 Fentanyl related substances.
42 Furanyl fentanyl.
2023 IN 308—LS 7125/DI 106 79
1 Furethidine (9626)
2 Hydroxypethidine (9627)
3 Isobutyryl fentanyl. Other name:
4 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
5 Isotonitazene. Other name: N,N-diethyl-2-
6 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
7 1-yl)ethan-1-amine)
8 Ketobemidone (9628)
9 Levomoramide (9629)
10 Levophenacylmorphan (9631)
11 Methoxyacetyl fentanyl. Other name:
12 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
13 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
14 piperidyl]-N-phenyl-propanimide](9813)
15 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
16 piperidinyl]-N-phenylpropanamide) (9833)
17 MDMB-4en-PINACA
18 4F-MDMB-BICA; 4-fluoro MDMB-BICA; 4F-MDMB-BUTICA;
19 Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
20 3-dimethyl-butanoate
21 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
22 Morpheridine (9632)
23 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
24 including any isomers, salts, or salts of isomers (9818)
25 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
26 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
27 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
28 (beta-hydroxythiofentanyl)
29 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
30 (para-chloroisobutyryl fentanyl)
31 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
32 acetamide (ocfentanil)
33 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
34 (para-fluorobutyryl fentanyl)
35 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
36 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
37 fentanyl)
38 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
39 fentanyl)
40 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
41 (para-methoxybutyryl fentanyl)
42 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
2023 IN 308—LS 7125/DI 106 80
1 (thenylfentanyl), including any isomers, salts, or salts of isomers
2 (9834)
3 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
4 fentanyl)
5 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
6 (cyclopentyl fentanyl)
7 Noracymethadol (9633)
8 Norlevorphanol (9634)
9 Normethadone (9635)
10 Norpipanone (9636)
11 Ocfentanil. Other name:
12 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
13 acetamide
14 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
15 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
16 Para-chloroisobutyryl fentanyl. Other name:
17 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
18 Para-fluorobutyryl fentanyl. Other name:
19 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
20 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
21 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
22 Para-methoxybutyryl fentanyl. Other name:
23 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
24 Phenadoxone (9637)
25 Phenampromide (9638)
26 Phenomorphan (9647)
27 Phenoperidine (9641)
28 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
29 Piritramide (9642)
30 Proheptazine (9643)
31 Properidine (9644)
32 Propiram (9649)
33 Racemoramide (9645)
34 Tetrahydrofuranyl fentanyl. Other name:
35 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
36 oxamide
37 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
38 piperidinyl]-propanamide) (9835)
39 Tilidine (9750)
40 Trimeperidine (9646)
41 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
42 N-methyl- benzamide)
2023 IN 308—LS 7125/DI 106 81
1 Valeryl fentanyl. Other name:
2 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
3 (c) Opium derivatives. Any of the following opium derivatives, their
4 salts, isomers, and salts of isomers, unless specifically excepted by rule
5 of the board or unless listed in another schedule, whenever the
6 existence of these salts, isomers, and salts of isomers is possible within
7 the specific chemical designation:
8 Acetorphine (9319)
9 Acetyldihydrocodeine (9051)
10 Benzylmorphine (9052)
11 Codeine methylbromide (9070)
12 Codeine-N-Oxide (9053)
13 Cyprenorphine (9054)
14 Desomorphine (9055)
15 Dihydromorphine (9145)
16 Drotebanol (9335)
17 Etorphine (except hydrochloride salt) (9056)
18 Heroin (9200)
19 Hydromorphinol (9301)
20 Methyldesorphine (9302)
21 Methyldihydromorphine (9304)
22 Morphine methylbromide (9305)
23 Morphine methylsulfonate (9306)
24 Morphine-N-Oxide (9307)
25 Myrophine (9308)
26 Nicocodeine (9309)
27 Nicomorphine (9312)
28 Normorphine (9313)
29 Pholcodine (9314)
30 Thebacon (9315)
31 (d) Hallucinogenic substances. Unless specifically excepted or
32 unless listed in another schedule, any material, compound, mixture, or
33 preparation which contains any quantity of the following
34 hallucinogenic, psychedelic, or psychogenic substances, their salts,
35 isomers, and salts of isomers whenever the existence of these salts,
36 isomers, and salts of isomers is possible within the specific chemical
37 designation (for purposes of this subsection only, the term "isomer"
38 includes the optical, position, and geometric isomers):
39 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
40 TCPy.
41 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
42 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
2023 IN 308—LS 7125/DI 106 82
1 4-Bromo-2, 5-DMA.
2 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
3 or other names:
4 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
5 alpha-desmethyl DOB; 2C-B, Nexus.
6 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
7 DOET.
8 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
9 Other name: 2C-T-7.
10 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
11 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
12 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
13 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
14 PMA.
15 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
16 Name: MMDA.
17 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
18 isomers, salts, or salts of isomers (7439). Other name:
19 5-MeO-DIPT.
20 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
21 and other names: 4-methyl-2,
22 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
23 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
24 MDA.
25 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
26 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
27 phenethylamine; N-ethyl MDA; MDE; and MDEA.
28 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
29 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
30 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
31 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
32 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
33 (16) Alpha-methyltryptamine (7432). Other name: AMT.
34 (17) Bufotenine (7433). Some trade and other names:
35 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
36 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
37 5-hydroxy-N, N-dimethyltryptamine; mappine.
38 (18) Diethyltryptamine (7434). Some trade or other names: N,
39 N-Diethyltryptamine; DET.
40 (19) Dimethyltryptamine (7435). Some trade or other names:
41 DMT.
42 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
2023 IN 308—LS 7125/DI 106 83
1 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
2 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
3 (21) Lysergic acid diethylamide (7315). Other name: LSD.
4 (22) Marijuana (7360).
5 (23) (22) Mescaline (7381).
6 (24) (23) Parahexyl (7374). Some trade or other names:
7 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
8 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
9 (25) (24) Peyote (7415), including:
10 (A) all parts of the plant that are classified botanically as
11 lophophora williamsii lemaire, whether growing or not;
12 (B) the seeds thereof;
13 (C) any extract from any part of the plant; and
14 (D) every compound, manufacture, salt, derivative, mixture, or
15 preparation of the plant, its seeds, or extracts.
16 (26) (25) N-ethyl-3-piperidyl benzilate (7482). Other name:
17 DMZ.
18 (27) (26) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
19 Other names: N-hydroxy-alpha-methyl-3,4
20 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
21 (28) (27) N-methyl-3-piperidyl benzilate (7484). Other name:
22 LBJ.
23 (29) (28) Psilocybin (7437).
24 (30) (29) Psilocyn (7438).
25 (31) (30) Tetrahydrocannabinols (7370), including synthetic
26 equivalents of the substances contained in the plant, or in the
27 resinous extractives of Cannabis, sp. and synthetic substances,
28 derivatives, and their isomers with similar chemical structure and
29 pharmacological activity such as:
30 (A) ð
1
cis or trans tetrahydrocannabinol, and their optical
31 isomers;
32 (B) ð
6
cis or trans tetrahydrocannabinol, and their optical
33 isomers; and
34 (C) ð
3,
4 cis or trans tetrahydrocannabinol, and their optical
35 isomers.
36 Since nomenclature of these substances is not internationally
37 standardized, compounds of these structures, regardless of
38 numerical designation of atomic positions are covered. Other
39 name: THC.
40 (32) (31) Ethylamine analog of phencyclidine (7455). Some trade
41 or other names: N-Ethyl-1-phenylcyclohexylamine;
42 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
2023 IN 308—LS 7125/DI 106 84
1 ethylamine; cyclohexamine; PCE.
2 (33) (32) Pyrrolidine analog of phencyclidine (7458). Some trade
3 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
y; PHP.
4 (34) (33) Thiophene analog of phencyclidine (7470). Some trade
5 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
6 Analog of Phencyclidine; TPCP.
7 (35) (34) Salvia divinorum or salvinorin A, including:
8 (A) all parts of the plant that are classified botanically as salvia
9 divinorum, whether growing or not;
10 (B) the seeds of the plant;
11 (C) any extract from any part of the plant; and
12 (D) every compound, manufacture, salt, derivative, mixture, or
13 preparation of the plant, its seeds, or extracts.
14 (36) (35) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
15 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
16 5-MeO-DMT.
17 (37) (36) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
18 (38) (37) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
19 (39) (38) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
20 (40) (39) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
21 (41) (40) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
22 (2C-T-2).
23 (42) (41) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
24 (2C-T-4).
25 (43) (42) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
26 (44) (43) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
27 (45) (44) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
28 (2C-P).
29 (46) (45) Deschloroketamine (2-Phenyl-2-
30 (methylamino)cyclohexanone).
31 (47) (46) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
32 ethyltryptamine).
33 (48) (47) N-methyltryptamine (1H-Indole-3-ethanamine,
34 N-methyl-).
35 (e) Depressants. Unless specifically excepted in a rule adopted by
36 the board or unless listed in another schedule, any material, compound,
37 mixture, or preparation which contains any quantity of the following
38 substances having a depressant effect on the central nervous system,
39 including its salts, isomers, and salts of isomers whenever the existence
40 of such salts, isomers, and salts of isomers is possible within the
41 specific chemical designation:
42 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
2023 IN 308—LS 7125/DI 106 85
1 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
2 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
3 Pasaden)
4 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
5 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
6 Gamma-hydroxybutyric acid (other names include GHB;
7 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
8 oxybate; sodium oxybutyrate) (2010)
9 Mecloqualone (2572)
10 Methaqualone (2565)
11 (f) Stimulants. Unless specifically excepted or unless listed in
12 another schedule, any material, compound, mixture, or preparation that
13 contains any quantity of the following substances having a stimulant
14 effect on the central nervous system, including its salts, isomers, and
15 salts of isomers:
16 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
17 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
18 Aminorex (1585). Other names: aminoxaphen;
19 2-amino-5-phenyl-2-oxazoline; or
20 4,5-dihydro-5-phenyl-2-oxazolamine.
21 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
22 -1-one. Synonyms: BMDP, N-benzyl methylone,
23 3,4-Methylenedioxy-Nbenzylcathinone,
24 N-benzyl-3,4-methylenedioxycathinone.
25 Cathinone (1235). Some trade or other names:
26 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
27 2-aminopropiophenone; and norephedrone.
28 Fenethylline (1503).
29 N-Benzylpiperazine (7493). Other names: BZP; and
30 1-benzylpiperazine.
31 N-ethylamphetamine (1475).
32 Methcathinone (1237). Some other trade names:
33 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
34 Monomethylpropion; UR 1431.
35 N, N-dimethylamphetamine (1480). Other names: N,
36 N-alpha-trimethyl-benzeneethanamine; and N,
37 N-alpha-trimethylphenethylamine.
38 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
39 SECTION 20. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
42 sale, delivers, or finances the delivery of a raw material, an instrument,
2023 IN 308—LS 7125/DI 106 86
1 a device, or other object that is intended to be or that is designed or
2 marketed to be used primarily for:
3 (1) ingesting, inhaling, or otherwise introducing into the human
4 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
5 controlled substance;
6 (2) testing the strength, effectiveness, or purity of marijuana, hash
7 oil, hashish, salvia, a synthetic drug, or a controlled substance;
8 (3) enhancing the effect of a controlled substance;
9 (4) manufacturing, compounding, converting, producing,
10 processing, or preparing marijuana, hash oil, hashish, salvia, a
11 synthetic drug, or a controlled substance;
12 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
13 synthetic drug, or a controlled substance by individuals; or
14 (6) any purpose announced or described by the seller that is in
15 violation of this chapter;
16 commits a Class A infraction for dealing in paraphernalia.
17 (b) A person who knowingly or intentionally violates subsection (a)
18 commits a Class A misdemeanor. However, the offense is a Level 6
19 felony if the person has a prior unrelated judgment or conviction under
20 this section.
21 (c) This section does not apply to the following:
22 (1) Items marketed for use in the preparation, compounding,
23 packaging, labeling, or other use of marijuana, hash oil, hashish,
24 salvia, a synthetic drug, or a controlled substance as an incident
25 to lawful research, teaching, or chemical analysis and not for sale.
26 (2) Items marketed for or historically and customarily used in
27 connection with the planting, propagating, cultivating, growing,
28 harvesting, manufacturing, compounding, converting, producing,
29 processing, preparing, testing, analyzing, packaging, repackaging,
30 storing, containing, concealing, injecting, ingesting, or inhaling
31 of tobacco or any other lawful substance.
32 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
33 a syringe or needle as part of a program under IC 16-41-7.5.
34 (4) Any entity or person that provides funding to a qualified entity
35 (as defined in IC 16-41-7.5-3) to operate a program described in
36 IC 16-41-7.5.
37 SECTION 21. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
38 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2023]: Sec. 10. (a) A person who:
40 (1) knowingly or intentionally:
41 (A) manufactures;
42 (B) finances the manufacture of;
2023 IN 308—LS 7125/DI 106 87
1 (C) delivers; or
2 (D) finances the delivery of;
3 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
4 (2) possesses, with intent to:
5 (A) manufacture;
6 (B) finance the manufacture of;
7 (C) deliver; or
8 (D) finance the delivery of;
9 marijuana, hash oil, hashish, or salvia, pure or adulterated;
10 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
11 misdemeanor, except as provided in subsections (b) through (d).
12 (b) A person may be convicted of an offense under subsection (a)(2)
13 only if:
14 (1) there is evidence in addition to the weight of the drug that the
15 person intended to manufacture, finance the manufacture of,
16 deliver, or finance the delivery of the drug; or
17 (2) the amount of the drug involved is at least
18 (A) ten (10) pounds, if the drug is marijuana; or
19 (B) three hundred (300) grams, if the drug is hash oil, hashish,
20 or salvia.
21 (c) The offense is a Level 6 felony if:
22 (1) the person has a prior conviction for a drug offense and the
23 amount of the drug involved is
24 (A) less than thirty (30) grams of marijuana; or
25 (B) less than five (5) grams of hash oil, hashish, or salvia; or
26 (2) the amount of the drug involved is
27 (A) at least thirty (30) grams but less than ten (10) pounds of
28 marijuana; or
29 (B) at least five (5) grams but less than three hundred (300)
30 grams of hash oil, hashish, or salvia.
31 (d) The offense is a Level 5 felony if:
32 (1) the person has a prior conviction for a drug dealing offense
33 and the amount of the drug involved is
34 (A) at least thirty (30) grams but less than ten (10) pounds of
35 marijuana; or
36 (B) at least five (5) grams but less than three hundred (300)
37 grams of hash oil, hashish, or salvia; or
38 (2) the:
39 (A) amount of the drug involved is
40 (i) at least ten (10) pounds of marijuana; or
41 (ii) at least three hundred (300) grams of hash oil, hashish,
42 or salvia; or
2023 IN 308—LS 7125/DI 106 88
1 (B) offense involved a sale to a minor. or
2 (3) the:
3 (A) person is a retailer;
4 (B) marijuana, hash oil, hashish, or salvia is packaged in a
5 manner that appears to be low THC hemp extract; and
6 (C) person knew or reasonably should have known that the
7 product was marijuana, hash oil, hashish, or salvia.
8 (e) A retailer who:
9 (1) knowingly or intentionally:
10 (A) manufactures;
11 (B) finances the manufacture of;
12 (C) delivers; or
13 (D) finances the delivery of;
14 marijuana, hash oil, hashish, or salvia, pure or adulterated,
15 that is packaged in a manner that appears to be low THC
16 hemp extract; or
17 (2) possesses, with intent to:
18 (A) manufacture;
19 (B) finance the manufacture of;
20 (C) deliver; or
21 (D) finance the delivery of;
22 marijuana, hash oil, hashish, or salvia, pure or adulterated,
23 that is packaged in a manner that appears to be low THC
24 hemp extract;
25 commits dealing in mislabeled low THC hemp extract, a Level 5
26 felony, if the person knew or reasonably should have known that
27 the product was marijuana, hash oil, hashish, or salvia.
28 SECTION 22. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
29 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2023]: Sec. 11. (a) A person who
31 (1) knowingly or intentionally possesses (pure or adulterated)
32 marijuana, hash oil, hashish, or salvia
33 (2) knowingly or intentionally grows or cultivates marijuana; or
34 (3) knowing that marijuana is growing on the person's premises,
35 fails to destroy the marijuana plants;
36 commits possession of marijuana, hash oil, hashish, or salvia, a Class
37 B misdemeanor, except as provided in subsections (b) through (c).
38 (b) The offense described in subsection (a) is a Class A
39 misdemeanor if
40 (1) the person has a prior conviction for a drug offense. or
41 (2) the:
42 (A) marijuana, hash oil, hashish, or salvia is packaged in a
2023 IN 308—LS 7125/DI 106 89
1 manner that appears to be low THC hemp extract; and
2 (B) person knew or reasonably should have known that the
3 product was marijuana, hash oil, hashish, or salvia.
4 (c) The offense described in subsection (a) is a Level 6 felony if:
5 (1) the person has a prior conviction for a drug offense; and
6 (2) the person possesses
7 (A) at least thirty (30) grams of marijuana; or
8 (B) at least five (5) grams of hash oil, hashish, or salvia.
9 (d) A person who:
10 (1) knowingly or intentionally possesses (pure or adulterated)
11 marijuana, hash oil, hashish, or salvia; and
12 (2) the:
13 (A) marijuana, hash oil, hashish, or salvia is packaged in a
14 manner that appears to be low THC hemp extract; and
15 (B) person knew or reasonably should have known that the
16 product was marijuana, hash oil, hashish, or salvia;
17 commits possession of mislabeled low THC hemp extract, a Class
18 A misdemeanor.
19 SECTION 23. IC 35-48-4-11.4 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2023]: Sec. 11.4. A person who uses cannabis
22 in a public place commits public use of cannabis, a Class C
23 infraction.
24 SECTION 24. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
25 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (i), (j), or
27 (l), or (m), in addition to any sentence imposed under this article for a
28 felony or misdemeanor, the court may, as a condition of probation or
29 without placing the person on probation, order the person to make
30 restitution to the victim of the crime, the victim's estate, or the family
31 of a victim who is deceased. The court shall base its restitution order
32 upon a consideration of:
33 (1) property damages of the victim incurred as a result of the
34 crime, based on the actual cost of repair (or replacement if repair
35 is inappropriate);
36 (2) medical and hospital costs incurred by the victim (before the
37 date of sentencing) as a result of the crime;
38 (3) the cost of medical laboratory tests to determine if the crime
39 has caused the victim to contract a disease or other medical
40 condition;
41 (4) earnings lost by the victim (before the date of sentencing) as
42 a result of the crime including earnings lost while the victim was
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1 hospitalized or participating in the investigation or trial of the
2 crime; and
3 (5) funeral, burial, or cremation costs incurred by the family or
4 estate of a homicide victim as a result of the crime.
5 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
6 a judgment lien that:
7 (1) attaches to the property of the person subject to the order;
8 (2) may be perfected;
9 (3) may be enforced to satisfy any payment that is delinquent
10 under the restitution order by the person in whose favor the order
11 is issued or the person's assignee; and
12 (4) expires;
13 in the same manner as a judgment lien created in a civil proceeding.
14 (c) When a restitution order is issued under subsection (a), the
15 issuing court may order the person to pay the restitution, or part of the
16 restitution, directly to:
17 (1) the victim services division of the Indiana criminal justice
18 institute in an amount not exceeding:
19 (A) the amount of the award, if any, paid to the victim under
20 IC 5-2-6.1; and
21 (B) the cost of the reimbursements, if any, for emergency
22 services provided to the victim under IC 16-10-1.5 (before its
23 repeal) or IC 16-21-8; or
24 (2) a probation department that shall forward restitution or part of
25 restitution to:
26 (A) a victim of a crime;
27 (B) a victim's estate; or
28 (C) the family of a victim who is deceased.
29 The victim services division of the Indiana criminal justice institute
30 shall deposit the restitution it receives under this subsection in the
31 violent crime victims compensation fund established by IC 5-2-6.1-40.
32 (d) When a restitution order is issued under subsection (a), (i), (j),
33 or (l), or (m), the issuing court shall send a certified copy of the order
34 to the clerk of the circuit court in the county where the felony or
35 misdemeanor charge was filed. The restitution order must include the
36 following information:
37 (1) The name and address of the person that is to receive the
38 restitution.
39 (2) The amount of restitution the person is to receive.
40 Upon receiving the order, the clerk shall enter and index the order in
41 the circuit court judgment docket in the manner prescribed by
42 IC 33-32-3-2. The clerk shall also notify the department of insurance
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1 of an order of restitution under subsection (i).
2 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
3 does not bar a civil action for:
4 (1) damages that the court did not require the person to pay to the
5 victim under the restitution order but arise from an injury or
6 property damage that is the basis of restitution ordered by the
7 court; and
8 (2) other damages suffered by the victim.
9 (f) Regardless of whether restitution is required under subsection (a)
10 as a condition of probation or other sentence, the restitution order is not
11 discharged by the completion of any probationary period or other
12 sentence imposed for a felony or misdemeanor.
13 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
14 not discharged by the liquidation of a person's estate by a receiver
15 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
16 IC 34-1-12, or IC 34-2-7 before their repeal).
17 (h) The attorney general may pursue restitution ordered by the court
18 under subsections (a) and (c) on behalf of the victim services division
19 of the Indiana criminal justice institute established under IC 5-2-6-8.
20 (i) The court may order the person convicted of an offense under
21 IC 35-43-9 to make restitution to the victim of the crime. The court
22 shall base its restitution order upon a consideration of the amount of
23 money that the convicted person converted, misappropriated, or
24 received, or for which the convicted person conspired. The restitution
25 order issued for a violation of IC 35-43-9 must comply with
26 subsections (b), (d), (e), and (g), and is not discharged by the
27 completion of any probationary period or other sentence imposed for
28 a violation of IC 35-43-9.
29 (j) The court may order the person convicted of an offense under
30 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
31 victim's estate, or the family of a victim who is deceased. The court
32 shall base its restitution order upon a consideration of the amount of
33 fraud or harm caused by the convicted person and any reasonable
34 expenses (including lost wages) incurred by the victim in correcting the
35 victim's credit report and addressing any other issues caused by the
36 commission of the offense under IC 35-43-5-3.5. If, after a person is
37 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
38 estate, or the family of a victim discovers or incurs additional expenses
39 that result from the convicted person's commission of the offense under
40 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
41 to require the convicted person to make restitution, even if the court
42 issued a restitution order at the time of sentencing. For purposes of
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1 entering a restitution order after sentencing, a court has continuing
2 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
3 for five (5) years after the date of sentencing. Each restitution order
4 issued for a violation of IC 35-43-5-3.5 must comply with subsections
5 (b), (d), (e), and (g), and is not discharged by the completion of any
6 probationary period or other sentence imposed for an offense under
7 IC 35-43-5-3.5.
8 (k) The court shall order a person convicted of an offense under
9 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
10 equal to the greater of the following:
11 (1) The gross income or value to the person of the victim's labor
12 or services.
13 (2) The value of the victim's labor as guaranteed under the
14 minimum wage and overtime provisions of:
15 (A) the federal Fair Labor Standards Act of 1938, as amended
16 (29 U.S.C. 201-209); or
17 (B) IC 22-2-2 (Minimum Wage);
18 whichever is greater.
19 (l) The court shall order a person who:
20 (1) is convicted of dealing in methamphetamine under
21 IC 35-48-4-1.1 or manufacturing methamphetamine under
22 IC 35-48-4-1.2; and
23 (2) manufactured the methamphetamine on property owned by
24 another person, without the consent of the property owner;
25 to pay liquidated damages to the property owner in the amount of ten
26 thousand dollars ($10,000) or to pay actual damages to the property
27 owner, including lost rent and the costs of decontamination by a
28 qualified inspector certified under IC 16-19-3.1.
29 (m) The court shall order a person who:
30 (1) is convicted of dealing in marijuana under
31 IC 35-48-4-10(a)(1)(A); and
32 (2) manufactured the marijuana on property owned by another
33 person, without the consent of the property owner;
34 to pay liquidated damages to the property owner in the amount of two
35 thousand dollars ($2,000).
36 SECTION 25. IC 35-52-7-97 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2023]: Sec. 97. IC 7.1-8-12-11 defines a crime
39 concerning cannabis.
40 SECTION 26. IC 35-52-7-98 IS ADDED TO THE INDIANA
41 CODE AS A NEW SECTION TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2023]: Sec. 98. IC 7.1-8-14-9 defines a crime
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1 concerning cannabis.
2 SECTION 27. IC 35-52-7-99 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2023]: Sec. 99. IC 7.1-8-15-6 defines a crime
5 concerning cannabis.
6 SECTION 28. IC 35-52-7-100 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2023]: Sec. 100. IC 7.1-8-19-3 defines a crime
9 concerning cannabis.
10 SECTION 29. IC 35-52-7-101 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2023]: Sec. 101. IC 7.1-8-19-4 defines a crime
13 concerning cannabis.
14 SECTION 30. IC 35-52-7-102 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2023]: Sec. 102. IC 7.1-8-19-6 defines a crime
17 concerning cannabis.
18 SECTION 31. IC 36-1-8.5-4, AS AMENDED BY P.L.64-2022,
19 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2023]: Sec. 4. As used in this chapter, "law enforcement
21 officer" means an individual who is employed or was formerly
22 employed as:
23 (1) a police officer (including a tribal police officer and a
24 correctional police officer), sheriff, constable, marshal,
25 prosecuting attorney, special prosecuting attorney, special deputy
26 prosecuting attorney, the securities commissioner, or the inspector
27 general;
28 (2) a deputy of any of the persons specified in subdivision (1);
29 (3) an investigator for a prosecuting attorney or for the inspector
30 general;
31 (4) a conservation officer;
32 (5) an enforcement officer of the alcohol and tobacco commission
33 or of the cannabis commission; or
34 (6) an enforcement officer of the securities division of the office
35 of the secretary of state.
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