Indiana 2023 Regular Session

Indiana Senate Bill SB0377 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 377
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5-41.1; IC 6-2.5-5-58; IC 6-7; IC 7.1-8;
7	7	IC 7.1-9; IC 9-30; IC 35-38-9-1.5; IC 35-46-9-6; IC 35-48-4.
8	8	Synopsis: Cannabis regulation. Permits the use of cannabis by: (1) a
9	9	person at least 21 years of age; and (2) a person with a serious medical
10	10	condition as determined by the person's physician. Establishes the adult
11	11	use cannabis excise tax, and requires a retailer to transfer the tax to the
12	12	department of state revenue for deposit in the state general fund.
13	13	Exempts veterans from payment of the sales tax on medical or adult use
14	14	cannabis. Establishes a cannabis program to permit the cultivation,
15	15	processing, testing, transportation, and sale of cannabis by holders of
16	16	a valid permit. Establishes the Indiana cannabis commission (ICC) as
17	17	a state agency to oversee, implement, and enforce the program, and
18	18	establishes the ICC advisory committee to review the effectiveness of
19	19	the program. Requires that permit holders take steps to prevent
20	20	diversion of cannabis to unauthorized persons. Requires that cannabis
21	21	and cannabis products be properly labeled, placed in child resistant
22	22	packaging, and tested by an independent testing laboratory before
23	23	being made available for purchase. Prohibits packaging cannabis in a
24	24	manner that is appealing to children. Authorizes research on cannabis
25	25	in accordance with rules set forth by the ICC. Establishes a procedure
26	26	for the expungement of a cannabis related conviction if the act
27	27	constituting the conviction becomes legal. Makes conforming
28	28	amendments.
29	29	Effective: July 1, 2023.
30	30	Pol Jr., Ford Jon
31	31	January 19, 2023, read first time and referred to Committee on Commerce and Technology.
32	32	2023 IN 377—LS 7159/DI 106 Introduced
33	33	First Regular Session of the 123rd General Assembly (2023)
34	34	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
35	35	Constitution) is being amended, the text of the existing provision will appear in this style type,
36	36	additions will appear in this style type, and deletions will appear in this style type.
37	37	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
38	38	provision adopted), the text of the new provision will appear in this style type. Also, the
39	39	word NEW will appear in that style type in the introductory clause of each SECTION that adds
40	40	a new provision to the Indiana Code or the Indiana Constitution.
41	41	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
42	42	between statutes enacted by the 2022 Regular Session of the General Assembly.
43	43	SENATE BILL No. 377
44	44	A BILL FOR AN ACT to amend the Indiana Code concerning
45	45	criminal law and procedure.
46	46	Be it enacted by the General Assembly of the State of Indiana:
47	47	1 SECTION 1. IC 2-5-41.1 IS ADDED TO THE INDIANA CODE
48	48	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
49	49	3 JULY 1, 2023]:
50	50	4 Chapter 41.1. ICC Advisory Committee
51	51	5 Sec. 1. The following definitions apply throughout this chapter:
52	52	6 (1) "Advisory committee" means the ICC advisory committee
53	53	7 established by section 2 of this chapter.
54	54	8 (2) "ICC" means the Indiana cannabis commission
55	55	9 established by IC 7.1-9-2-1.
56	56	10 Sec. 2. The ICC advisory committee is established.
57	57	11 Sec. 3. (a) The advisory committee consists of the following four
58	58	12 (4) voting members and eight (8) nonvoting members:
59	59	13 (1) One (1) legislative member appointed by the speaker.
60	60	14 (2) One (1) legislative member appointed by the minority
61	61	15 leader of the house of representatives.
62	62	16 (3) One (1) legislative member appointed by the president pro
63	63	17 tempore.
64	64	2023 IN 377—LS 7159/DI 106 2
65	65	1 (4) One (1) legislative member appointed by the minority
66	66	2 leader of the senate.
67	67	3 (5) One (1) representative of law enforcement, appointed as a
68	68	4 nonvoting member by the speaker.
69	69	5 (6) One (1) individual having experience in the treatment of
70	70	6 medical conditions by means of cannabis as a patient,
71	71	7 physician, or caregiver, appointed as a nonvoting member by
72	72	8 the president pro tempore.
73	73	9 (7) The commissioner of the department of state revenue or
74	74	10 the commissioner's designee, who serves as a nonvoting
75	75	11 member.
76	76	12 (8) The director of the Indiana state department of
77	77	13 agriculture or the director's designee, who serves as a
78	78	14 nonvoting member.
79	79	15 (9) The state health commissioner or the commissioner's
80	80	16 designee, who serves as a nonvoting member.
81	81	17 (10) A representative of an Indiana based cannabis trade
82	82	18 organization, appointed by the speaker as a nonvoting
83	83	19 member.
84	84	20 (11) A representative of an experienced manufacturer of low
85	85	21 THC hemp extract, appointed by the president pro tempore
86	86	22 as a nonvoting member.
87	87	23 (12) An experienced hemp grower, appointed by the state seed
88	88	24 commissioner as a nonvoting member.
89	89	25 (b) The chairperson of the legislative council shall annually
90	90	26 select one (1) of the voting members to serve as chairperson.
91	91	27 Sec. 4. (a) A legislative member of the advisory committee may
92	92	28 be removed at any time by the appointing authority who appointed
93	93	29 the legislative member.
94	94	30 (b) If a vacancy exists on the advisory committee, the appointing
95	95	31 authority who appointed the former member whose position has
96	96	32 become vacant shall appoint an individual to fill the vacancy.
97	97	33 Sec. 5. Each member of the advisory committee is entitled to
98	98	34 receive the same per diem, mileage, and travel allowances paid to
99	99	35 individuals who serve as legislative and lay members, respectively,
100	100	36 of interim study committees established by the legislative council.
101	101	37 Sec. 6. The affirmative votes of a majority of the voting
102	102	38 members appointed to the advisory committee are required for the
103	103	39 advisory committee to take action on any measure, including final
104	104	40 reports.
105	105	41 Sec. 7. The advisory committee shall do the following, as
106	106	42 applicable:
107	107	2023 IN 377—LS 7159/DI 106 3
108	108	1 (1) Review rules adopted by the ICC.
109	109	2 (2) Review legislative proposals suggested by the ICC.
110	110	3 (3) Evaluate the cannabis research and development program
111	111	4 under IC 7.1-9-5.
112	112	5 (4) Evaluate the operation of the medical and adult use
113	113	6 cannabis programs.
114	114	7 (5) Consider any other matter that has bearing on the
115	115	8 operation of the medical and adult use cannabis programs.
116	116	9 SECTION 2. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
117	117	10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
118	118	11 1, 2023]: Sec. 58. Transactions involving medical cannabis (as
119	119	12 defined in IC 7.1-8-1-1) and adult use cannabis (as defined in
120	120	13 IC 7.1-8-1-1) are exempt from the state gross retail tax if the
121	121	14 person acquiring the cannabis is a veteran (as defined in
122	122	15 IC 23-14-54.5-5).
123	123	16 SECTION 3. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2023].
124	124	17 (Controlled Substance Excise Tax).
125	125	18 SECTION 4. IC 6-7-5 IS ADDED TO THE INDIANA CODE AS
126	126	19 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
127	127	20 1, 2023]:
128	128	21 Chapter 5. Adult Use Cannabis Excise Tax
129	129	22 Sec. 1. The following definitions apply throughout this chapter:
130	130	23 (1) "Adult use cannabis" has the meaning set forth in
131	131	24 IC 7.1-8-1-1.
132	132	25 (2) "Department" means the department of state revenue.
133	133	26 (3) "Medical cannabis" has the meaning set forth in
134	134	27 IC 7.1-8-1-1.
135	135	28 (4) "Qualified retailer" has the meaning set forth in
136	136	29 IC 7.1-8-1-1.
137	137	30 Sec. 2. The adult use cannabis excise tax is imposed on adult use
138	138	31 cannabis sold in Indiana. The adult use cannabis excise tax is not
139	139	32 imposed on medical cannabis.
140	140	33 Sec. 3. The adult use cannabis excise tax is:
141	141	34 (1) one percent (1%) of the gross retail income received by the
142	142	35 qualified retailer for the purchase of adult use cannabis,
143	143	36 during the state fiscal year beginning July 1, 2023;
144	144	37 (2) two percent (2%) of the gross retail income received by the
145	145	38 qualified retailer for the purchase of adult use cannabis,
146	146	39 during the state fiscal year beginning July 1, 2024; and
147	147	40 (3) three percent (3%) of the gross retail income received by
148	148	41 the qualified retailer for the purchase of adult use cannabis,
149	149	42 during and after the state fiscal year beginning July 1, 2025.
150	150	2023 IN 377—LS 7159/DI 106 4
151	151	1 Sec. 4. A qualified retailer shall collect the adult use cannabis
152	152	2 excise tax at the time the adult use cannabis is dispensed.
153	153	3 Sec. 5. Before the fifteenth day of each month, each qualified
154	154	4 retailer liable for the tax imposed by this chapter shall:
155	155	5 (1) file a return with the department that includes all
156	156	6 information required by the department, including the:
157	157	7 (A) name of the qualified retailer;
158	158	8 (B) address of the qualified retailer;
159	159	9 (C) invoice date;
160	160	10 (D) invoice number; and
161	161	11 (E) gross retail income received from the sale of adult use
162	162	12 cannabis dispensed during the preceding month; and
163	163	13 (2) pay the tax for which it is liable under this chapter for the
164	164	14 preceding month, minus the amount specified in section 6 of
165	165	15 this chapter.
166	166	16 All returns required to be filed and taxes required to be paid under
167	167	17 this chapter must be made in an electronic format prescribed by
168	168	18 the department.
169	169	19 Sec. 6. A qualified retailer that files a complete return and pays
170	170	20 the tax due within the time specified in section 5 of this chapter is
171	171	21 entitled to deduct and retain from the tax a collection allowance of
172	172	22 seven-thousandths (0.007) of the amount due. If a qualified retailer
173	173	23 files an incomplete report, the department may reduce the
174	174	24 collection allowance by an amount that does not exceed the lesser
175	175	25 of:
176	176	26 (1) ten percent (10%) of the collection allowance; or
177	177	27 (2) fifty dollars ($50).
178	178	28 Sec. 7. The department shall deposit the taxes collected under
179	179	29 this chapter in the state general fund.
180	180	30 SECTION 5. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
181	181	31 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
182	182	32 2023]:
183	183	33 ARTICLE 8. CANNABIS
184	184	34 Chapter 1. Definitions
185	185	35 Sec. 1. The following definitions apply throughout this article:
186	186	36 (1) "Adult cannabis user" means a person at least twenty-one
187	187	37 (21) years of age who has not been issued a patient or
188	188	38 caregiver identification card, unless the patient or caregiver
189	189	39 identification card has expired.
190	190	40 (2) "Adult use cannabis" means cannabis for use by a person
191	191	41 at least twenty-one (21) years of age.
192	192	42 (3) "Cannabis" means any part of the plant genus Cannabis.
193	193	2023 IN 377—LS 7159/DI 106 5
194	194	1 (4) "Cannabis organization" means a qualified retailer, a
195	195	2 grower, a processor, or a testing laboratory.
196	196	3 (5) "Caregiver" means the individual designated by a patient
197	197	4 under this article to obtain, possess, deliver, and assist in the
198	198	5 administration of cannabis to the patient.
199	199	6 (6) "Certification" means the certification issued to a patient
200	200	7 by a physician under this article.
201	201	8 (7) "Family or household member" means a person described
202	202	9 in IC 35-31.5-2-128.
203	203	10 (8) "Form of cannabis" means the characteristics of the
204	204	11 cannabis recommended for a particular patient, including the
205	205	12 method of consumption, and any particular dosage, strain,
206	206	13 variety, quantity, or percentage of cannabis or of a particular
207	207	14 active ingredient.
208	208	15 (9) "Grower" means a person that holds a permit issued by
209	209	16 the ICC to grow cannabis.
210	210	17 (10) "ICC" means the Indiana cannabis commission
211	211	18 established by IC 7.1-9-2-1.
212	212	19 (11) "ICC committee" means the ICC commissioners
213	213	20 described in IC 7.1-9-2.
214	214	21 (12) "INSPECT" means the Indiana scheduled prescription
215	215	22 electronic collection and tracking program established by
216	216	23 IC 25-1-13-4.
217	217	24 (13) "Medical cannabis" means cannabis for medical use.
218	218	25 (14) "Patient" means an individual who:
219	219	26 (A) has a serious medical condition; and
220	220	27 (B) meets the requirements for certification for the use of
221	221	28 cannabis under this article.
222	222	29 (15) "Patient or caregiver identification card" means a
223	223	30 document issued to a patient or caregiver by the ICC
224	224	31 authorizing access to cannabis.
225	225	32 (16) "Permit" means an authorization issued by the ICC to a
226	226	33 cannabis organization to conduct activities under this article.
227	227	34 (17) "Processor" means a person that holds a permit issued by
228	228	35 the ICC to process or convert cannabis into a marketable
229	229	36 form.
230	230	37 (18) "Qualified retailer" means a person that holds a permit
231	231	38 issued by the ICC to sell cannabis.
232	232	39 (19) "Serious medical condition" means a medical condition
233	233	40 for which, in the professional opinion of a physician, the
234	234	41 benefits of treatment with cannabis are greater than the risks
235	235	42 of treatment with cannabis.
236	236	2023 IN 377—LS 7159/DI 106 6
237	237	1 (20) "Testing laboratory" means a laboratory that analyzes
238	238	2 cannabis.
239	239	3 (21) "Transporter" means a person who transports cannabis
240	240	4 or paraphernalia. The term includes a person who does not
241	241	5 possess a permit or patient or caregiver identification card.
242	242	6 Chapter 2. Cannabis Program
243	243	7 Sec. 1. (a) The cannabis program is established to serve:
244	244	8 (1) patients suffering from a serious medical condition; and
245	245	9 (2) adult cannabis users.
246	246	10 (b) The ICC shall administer the program.
247	247	11 (c) The ICC has regulatory, enforcement, and exporting
248	248	12 authority over the growing, processing, sale, transporting, and use
249	249	13 of medical and adult use cannabis. The ICC shall contract with the
250	250	14 state chemist for the testing and growing of medical and adult use
251	251	15 cannabis.
252	252	16 Sec. 2. The ICC shall do the following:
253	253	17 (1) Issue a permit to a qualifying cannabis organization
254	254	18 authorizing it to grow, process, sell, or test cannabis.
255	255	19 (2) Establish and maintain an electronic data base to store
256	256	20 and track information relating to the cannabis program. The
257	257	21 data base must:
258	258	22 (A) have the ability to authenticate in real time a patient or
259	259	23 caregiver identification card presented to a qualified
260	260	24 retailer;
261	261	25 (B) track in real time the amount of cannabis provided to:
262	262	26 (i) a patient or caregiver; or
263	263	27 (ii) an adult cannabis user;
264	264	28 at a qualified retailer, share this information in real time
265	265	29 with other qualified retailers to prevent diversion, and
266	266	30 issue a "stop sale" warning if a purchaser will exceed the
267	267	31 allowable amount of cannabis that the purchaser may
268	268	32 possess;
269	269	33 (C) store records relating to a certification, including, if
270	270	34 applicable, the recommended form of cannabis and any
271	271	35 early expiration date recommended by the physician; and
272	272	36 (D) track the cultivation, processing, transport, storage,
273	273	37 and sale of cannabis.
274	274	38 (3) Maintain within the ICC's data base an electronic
275	275	39 directory of patients and caregivers approved to use or assist
276	276	40 in the administration of medical cannabis.
277	277	41 (4) Develop enforcement procedures, including announced
278	278	42 and unannounced inspections of:
279	279	2023 IN 377—LS 7159/DI 106 7
280	280	1 (A) a qualified retailer;
281	281	2 (B) a grower facility;
282	282	3 (C) a processor facility; and
283	283	4 (D) all records of a cannabis organization.
284	284	5 (5) Establish a program to authorize the use of cannabis for
285	285	6 research purposes, and issue documents to permit a
286	286	7 researcher to obtain cannabis for research purposes.
287	287	8 (6) Establish and maintain public outreach programs about
288	288	9 the cannabis program, including:
289	289	10 (A) a dedicated telephone number for adult cannabis users,
290	290	11 patients, caregivers, and members of the public to obtain
291	291	12 basic information about the sale of medical and adult use
292	292	13 cannabis; and
293	293	14 (B) a publicly accessible website containing information
294	294	15 similar to that described in clause (A).
295	295	16 (7) Collaborate as necessary with other state agencies, and
296	296	17 contract with third parties as necessary to carry out the
297	297	18 cannabis program, including public education campaigns
298	298	19 regarding the dangers of impaired driving and inappropriate
299	299	20 consumption by youth.
300	300	21 (8) Develop record keeping requirements for all books and
301	301	22 papers, any electronic data base or tracking system data, and
302	302	23 other information of a cannabis organization. Information
303	303	24 shall be retained for at least four (4) years unless otherwise
304	304	25 provided by the ICC.
305	305	26 (9) Restrict the advertising and marketing of cannabis, which
306	306	27 must be consistent with the federal regulations governing
307	307	28 prescription drug advertising and marketing.
308	308	29 Sec. 3. (a) The ICC shall adopt rules under IC 4-22-2 to
309	309	30 implement this article.
310	310	31 (b) The ICC may adopt emergency rules in the manner provided
311	311	32 under IC 4-22-2-37.1 to implement this article. Emergency rules
312	312	33 adopted under this subsection expire on the later of:
313	313	34 (1) the date permanent rules are adopted to replace the
314	314	35 emergency rules; or
315	315	36 (2) July 1, 2024.
316	316	37 Sec. 4. (a) The ICC shall maintain a confidential list of patients
317	317	38 and caregivers to whom it has issued patient or caregiver
318	318	39 identification cards. Except as provided in subsection (b), all
319	319	40 information obtained by the ICC relating to patients, caregivers,
320	320	41 and other applicants is confidential.
321	321	42 (b) The following records are public:
322	322	2023 IN 377—LS 7159/DI 106 8
323	323	1 (1) An application for a permit submitted by a cannabis
324	324	2 organization.
325	325	3 (2) Information relating to penalties or other disciplinary
326	326	4 actions taken against a cannabis organization for violation of
327	327	5 this article.
328	328	6 Chapter 3. Use of Cannabis
329	329	7 Sec. 1. Notwithstanding any law to the contrary, the use,
330	330	8 possession, delivery, distribution, transport, cultivation, or
331	331	9 manufacture of:
332	332	10 (1) cannabis; or
333	333	11 (2) paraphernalia used in connection with cannabis;
334	334	12 is lawful if the use or possession complies with this article.
335	335	13 However, this article does not authorize a person to operate a
336	336	14 motor vehicle, a motorboat, or any other device or equipment
337	337	15 while under the influence of cannabis.
338	338	16 Sec. 2. The use of medical cannabis is subject to the following:
339	339	17 (1) Cannabis may be sold only to:
340	340	18 (A) a patient who receives a certification from a physician
341	341	19 and is in possession of a valid patient or caregiver
342	342	20 identification card issued by the ICC that authorizes sale
343	343	21 of cannabis to the patient;
344	344	22 (B) a caregiver who possesses a valid patient or caregiver
345	345	23 identification card issued by the ICC; or
346	346	24 (C) a research facility authorized by the ICC, under terms
347	347	25 and conditions established by the ICC.
348	348	26 (2) If a physician has ordered that cannabis be sold in a
349	349	27 specific form, cannabis may be sold only in that form.
350	350	28 (3) An individual may not act as a caregiver for more than ten
351	351	29 (10) patients.
352	352	30 (4) A patient may designate up to two (2) caregivers at any
353	353	31 one (1) time.
354	354	32 (5) Cannabis that has not been used by the patient shall be
355	355	33 kept in the original package in which it was sold.
356	356	34 (6) A patient or caregiver shall possess a patient or caregiver
357	357	35 identification card whenever the patient or caregiver is in
358	358	36 possession of cannabis.
359	359	37 Sec. 3. The use of adult use cannabis is subject to the following:
360	360	38 (1) Adult use cannabis may be sold only to an adult cannabis
361	361	39 user.
362	362	40 (2) In any thirty (30) day period, an adult cannabis user may
363	363	41 possess not more than one (1) ounce of cannabis.
364	364	42 (3) If cannabis is transported in a motor vehicle, it must be
365	365	2023 IN 377—LS 7159/DI 106 9
366	366	1 kept in a secured and sealed container.
367	367	2 (4) An adult cannabis user may not cultivate cannabis.
368	368	3 (5) To purchase adult use cannabis, the purchaser must
369	369	4 present a valid, government issued photo identification card
370	370	5 displaying the person's date of birth.
371	371	6 Sec. 4. A product packaged by a cannabis organization may be
372	372	7 identified only by:
373	373	8 (1) the name of the grower or processor;
374	374	9 (2) the name of the qualified retailer;
375	375	10 (3) the form and species of cannabis;
376	376	11 (4) the percentage of tetrahydrocannabinol and cannabinol
377	377	12 contained in the product;
378	378	13 (5) the harvest or manufacture date, as applicable; and
379	379	14 (6) any other labeling required by the ICC.
380	380	15 Sec. 5. (a) Except as expressly otherwise provided in this article,
381	381	16 the possession or use of cannabis is unlawful.
382	382	17 (b) In addition to any other penalty provided by law, the
383	383	18 unlawful possession or use of cannabis may be a crime under
384	384	19 IC 35-48-4.
385	385	20 Sec. 6. The following acts are unlawful:
386	386	21 (1) To grow cannabis unless the person:
387	387	22 (A) is a grower that has received a permit from the ICC;
388	388	23 (B) is a patient with a valid patient or caregiver
389	389	24 identification card who is authorized to cultivate cannabis
390	390	25 for personal use under this article; or
391	391	26 (C) is a research facility authorized by the ICC.
392	392	27 (2) To sell cannabis unless the qualified retailer has received
393	393	28 a permit from the ICC.
394	394	29 Chapter 4. Physicians
395	395	30 Sec. 1. (a) A physician who issues a certification to a patient
396	396	31 under this article may not have an ownership interest in a cannabis
397	397	32 organization.
398	398	33 (b) A physician may issue a certification to a patient only if the
399	399	34 physician:
400	400	35 (1) establishes and intends to maintain a bona fide
401	401	36 physician-patient relationship with the patient for the
402	402	37 provision of medical services that is established by an
403	403	38 in-person visit and for which there is an expectation that the
404	404	39 physician will provide care to the patient on an ongoing basis;
405	405	40 or
406	406	41 (2) establishes coordination with the patient's existing
407	407	42 primary physician for treatment of the patient's serious
408	408	2023 IN 377—LS 7159/DI 106 10
409	409	1 medical condition.
410	410	2 (c) A physician who violates this section may be subject to
411	411	3 professional discipline.
412	412	4 Sec. 2. A physician may issue a certification to use cannabis to
413	413	5 a patient if the following requirements are met:
414	414	6 (1) The physician has determined that the patient has a
415	415	7 serious medical condition and has included the serious
416	416	8 medical condition in the patient's health care record.
417	417	9 (2) The patient is under the physician's continuing care for the
418	418	10 serious medical condition, except as provided in section
419	419	11 1(b)(2) of this chapter.
420	420	12 (3) The physician has determined the patient is likely to
421	421	13 receive therapeutic or palliative benefit from the use of
422	422	14 cannabis.
423	423	15 Sec. 3. A physician issuing a certification under section 1(b)(2)
424	424	16 of this chapter may not issue a certification unless the physician
425	425	17 has contacted the patient's existing primary physician to discuss
426	426	18 the patient's serious medical condition and which form of cannabis
427	427	19 the patient is likely to benefit from.
428	428	20 Sec. 4. A certification must include the following information:
429	429	21 (1) The patient's name, date of birth, and address.
430	430	22 (2) The specific serious medical condition of the patient.
431	431	23 (3) A statement by the physician that the patient has a serious
432	432	24 medical condition and the patient is under continuing care for
433	433	25 the serious medical condition that is provided by:
434	434	26 (A) the physician; or
435	435	27 (B) the patient's existing primary physician (as described
436	436	28 under section 1(b)(2) of this chapter).
437	437	29 (4) The date of issuance.
438	438	30 (5) The name, address, telephone number, and signature of
439	439	31 the physician.
440	440	32 (6) Any requirement or limitation concerning the appropriate
441	441	33 form of cannabis, the maximum quantity of cannabis that the
442	442	34 patient may use, and any limitation on the duration of use, if
443	443	35 applicable.
444	444	36 Sec. 5. A physician shall do the following:
445	445	37 (1) Provide the certification to the patient.
446	446	38 (2) Provide a copy of the certification to the ICC, which shall
447	447	39 place the information in the patient directory within the ICC's
448	448	40 electronic data base. The certification may be transmitted to
449	449	41 the ICC electronically.
450	450	42 (3) File a copy of the certification in the patient's health care
451	451	2023 IN 377—LS 7159/DI 106 11
452	452	1 record.
453	453	2 Sec. 6. A physician may not issue a certification for the
454	454	3 physician's own use or for the use of a family or household member
455	455	4 of the physician.
456	456	5 Chapter 5. Certification Form
457	457	6 Sec. 1. The ICC shall develop a standard certification form,
458	458	7 which the ICC shall provide to a physician upon request. The form
459	459	8 must be available electronically. The form must include a
460	460	9 statement that a false statement made by a physician is punishable
461	461	10 under the penalties of perjury.
462	462	11 Chapter 6. Patients
463	463	12 Sec. 1. The ICC shall issue a patient or caregiver identification
464	464	13 card to a patient who has a valid certification and who otherwise
465	465	14 meets the requirements of this article.
466	466	15 Sec. 2. The ICC shall issue a patient or caregiver identification
467	467	16 card to a caregiver designated by the patient in accordance with
468	468	17 this article.
469	469	18 Sec. 3. Except as provided in section 4 of this chapter, a patient
470	470	19 or caregiver identification card issued to a patient authorizes the
471	471	20 patient to obtain and use cannabis as authorized by this article.
472	472	21 Except as provided in section 4 of this chapter, a patient or
473	473	22 caregiver identification card issued to a caregiver authorizes the
474	474	23 caregiver to obtain cannabis on behalf of the patient.
475	475	24 Sec. 4. (a) A patient holding a valid patient or caregiver
476	476	25 identification card may cultivate cannabis for the patient's own use
477	477	26 if the patient complies with the following requirements:
478	478	27 (1) The patient notifies the ICC on or before the date that the
479	479	28 patient begins cultivation and informs the ICC of the number
480	480	29 of plants the patient intends to cultivate and the location of
481	481	30 cultivation.
482	482	31 (2) The patient cultivates not more than six (6) plants.
483	483	32 (3) Not more than three (3) of the plants may be mature at
484	484	33 any one (1) time.
485	485	34 (4) Cannabis from the plant is used only for the patient's
486	486	35 personal use.
487	487	36 (5) Not later than thirty (30) days before the expected date
488	488	37 that the plants become mature, the patient notifies the ICC of
489	489	38 the anticipated maturity date.
490	490	39 (b) If the mature plants of a patient cultivating cannabis for the
491	491	40 patient's own use die, become damaged, or are otherwise unable to
492	492	41 produce cannabis for medical use, the patient shall notify the ICC,
493	493	42 which shall reinstate the person's authorization to obtain cannabis
494	494	2023 IN 377—LS 7159/DI 106 12
495	495	1 from a qualified retailer not later than fifteen (15) days after
496	496	2 receipt of the notice.
497	497	3 Chapter 7. Patient or Caregiver Identification Cards
498	498	4 Sec. 1. The ICC shall do the following:
499	499	5 (1) Review applications for patient or caregiver identification
500	500	6 cards.
501	501	7 (2) Review certifications submitted by physicians.
502	502	8 (3) Issue patient or caregiver identification cards to patients
503	503	9 and caregivers.
504	504	10 (4) Note in the electronic data base if a patient or caregiver
505	505	11 identification card may not be used to obtain cannabis from
506	506	12 a qualified retailer because the patient is cultivating the
507	507	13 patient's own cannabis.
508	508	14 Sec. 2. A patient or caregiver may apply, in a form and manner
509	509	15 prescribed by the ICC, for issuance or renewal of a patient or
510	510	16 caregiver identification card. A caregiver must submit a separate
511	511	17 application for issuance or renewal. Each application must include:
512	512	18 (1) the name, address, and date of birth of the patient;
513	513	19 (2) the name, address, and date of birth of a caregiver, if
514	514	20 applicable;
515	515	21 (3) a copy of the certification issued by the physician;
516	516	22 (4) the name, address, and telephone number of the physician;
517	517	23 (5) the signature of the applicant and the date signed; and
518	518	24 (6) any other information required by the ICC.
519	519	25 Sec. 3. The fee to apply for or to renew a patient or caregiver
520	520	26 identification card is fifty dollars ($50). The ICC may waive or
521	521	27 reduce the fee if the applicant demonstrates financial hardship.
522	522	28 Sec. 4. The ICC shall make application and renewal forms
523	523	29 available on the ICC's website.
524	524	30 Sec. 5. (a) The patient or caregiver identification card of a
525	525	31 patient or caregiver expires one (1) year after the date of issuance,
526	526	32 unless a physician has specified that a patient should use cannabis
527	527	33 for less than one (1) year.
528	528	34 (b) If a physician has specified that a patient's use of cannabis
529	529	35 should be limited to certain forms of cannabis, the types of
530	530	36 cannabis must be listed on the patient or caregiver identification
531	531	37 card.
532	532	38 Sec. 6. (a) The ICC shall issue separate patient or caregiver
533	533	39 identification cards for a patient and a caregiver as soon as
534	534	40 reasonably practicable after receiving a properly completed
535	535	41 application.
536	536	42 (b) If the ICC determines that an application is incomplete or
537	537	2023 IN 377—LS 7159/DI 106 13
538	538	1 factually inaccurate, the ICC shall promptly notify the applicant.
539	539	2 (c) If a patient application designates an individual as a
540	540	3 caregiver who is not authorized to be a caregiver, the ICC shall
541	541	4 deny that portion of the application, but may approve the balance
542	542	5 of the application.
543	543	6 Sec. 7. (a) A patient or caregiver who has been issued a patient
544	544	7 or caregiver identification card shall notify the ICC not later than
545	545	8 ten (10) days after any change of name or address.
546	546	9 (b) A patient shall notify the ICC within ten (10) days if a
547	547	10 physician has determined the patient no longer has the serious
548	548	11 medical condition noted on the certification.
549	549	12 Sec. 8. (a) If the patient or caregiver identification card of a
550	550	13 patient or caregiver is lost, stolen, destroyed, or made illegible, the
551	551	14 patient or caregiver shall apply to the ICC for a replacement card
552	552	15 not later than ten (10) days after discovery of the loss or
553	553	16 defacement. The application for a replacement card shall be on a
554	554	17 form furnished by the ICC and accompanied by a twenty-five
555	555	18 dollar ($25) fee. The ICC may establish higher fees for issuance of
556	556	19 second and subsequent replacement patient or caregiver
557	557	20 identification cards.
558	558	21 (b) The ICC may waive or reduce the fee in cases of
559	559	22 demonstrated financial hardship.
560	560	23 (c) The ICC shall issue a replacement patient or caregiver
561	561	24 identification card as soon as practicable.
562	562	25 (d) A patient or caregiver may not obtain cannabis from a
563	563	26 qualified retailer until the ICC issues the replacement card.
564	564	27 Sec. 9. The patient or caregiver identification card must contain
565	565	28 the following information:
566	566	29 (1) The name of the patient or caregiver, as applicable. The
567	567	30 patient or caregiver identification card must also state
568	568	31 whether the individual is designated as a patient or as a
569	569	32 caregiver.
570	570	33 (2) The date of issuance and expiration date.
571	571	34 (3) A unique identification number for the patient or
572	572	35 caregiver, as applicable.
573	573	36 (4) A photograph of the individual to whom the patient or
574	574	37 caregiver identification card is issued.
575	575	38 (5) Any requirement or limitation set by the physician as to
576	576	39 the form of cannabis.
577	577	40 (6) Any other requirements as determined by the ICC.
578	578	41 However, the ICC may not require that a patient or caregiver
579	579	42 identification card disclose the patient's serious medical
580	580	2023 IN 377—LS 7159/DI 106 14
581	581	1 condition.
582	582	2 The ICC shall establish guidelines specifying an acceptable
583	583	3 photograph under subdivision (4) and shall provide a reasonable
584	584	4 accommodation for a patient who is confined to the patient's home
585	585	5 or is in inpatient care.
586	586	6 Sec. 10. The ICC shall monthly transmit fees received under this
587	587	7 chapter to the auditor of state for deposit in the state general fund.
588	588	8 Chapter 8. Caregivers
589	589	9 Sec. 1. (a) A caregiver must be at least eighteen (18) years of
590	590	10 age.
591	591	11 (b) A caregiver may be less than twenty-one (21) years of age
592	592	12 only if the ICC determines that it is in the best interests of the
593	593	13 patient that a specific person less than twenty-one (21) years of age
594	594	14 serves as a caregiver.
595	595	15 Sec. 2. (a) A patient may terminate a person's designation as
596	596	16 caregiver at any time.
597	597	17 (b) The patient shall notify the ICC that the patient has
598	598	18 terminated the person's caregiver designation as soon as
599	599	19 reasonably practicable after the termination.
600	600	20 (c) Upon learning that a patient has terminated a person's
601	601	21 caregiver designation, the ICC shall cancel the caregiver's patient
602	602	22 or caregiver identification card and notify the caregiver to return
603	603	23 the physical copy of the card.
604	604	24 Sec. 3. If a patient designates a caregiver, the caregiver may
605	605	25 submit an application for a patient or caregiver identification card
606	606	26 as a caregiver. The caregiver application must include:
607	607	27 (1) the name, address, and date of birth of the caregiver;
608	608	28 (2) if the caregiver has a patient or caregiver identification
609	609	29 card for the caregiver (as a patient) or another patient (as a
610	610	30 caregiver), the expiration date of each patient or caregiver
611	611	31 identification card; and
612	612	32 (3) any other information required by the ICC.
613	613	33 The application must be signed and dated by the caregiver
614	614	34 applicant and verified under penalties of perjury.
615	615	35 Sec. 4. (a) Except as provided in subsection (c), before the
616	616	36 caregiver application is approved, the caregiver must authorize the
617	617	37 ICC to perform a national criminal history background check of
618	618	38 the caregiver.
619	619	39 (b) The caregiver is responsible for the fee for the national
620	620	40 criminal history background check.
621	621	41 (c) The ICC may conduct only one (1) national criminal history
622	622	42 background check of the caregiver per year.
623	623	2023 IN 377—LS 7159/DI 106 15
624	624	1 Sec. 5. The caregiver shall pay an application fee of fifty dollars
625	625	2 ($50). The ICC may waive or reduce the fee in cases of
626	626	3 demonstrated financial hardship.
627	627	4 Sec. 6. After receiving the caregiver application, the fee, and the
628	628	5 results of the national criminal history background check, the ICC
629	629	6 shall:
630	630	7 (1) verify the information contained in the application; and
631	631	8 (2) review INSPECT with respect to the applicant.
632	632	9 Sec. 7. The ICC shall monthly transmit fees received under this
633	633	10 chapter to the auditor of state for deposit in the state general fund.
634	634	11 Chapter 9. Minor Patients
635	635	12 Sec. 1. If a patient is less than eighteen (18) years of age, the
636	636	13 following apply:
637	637	14 (1) The patient must have a caregiver.
638	638	15 (2) The caregiver must be:
639	639	16 (A) the patient's parent or legal guardian;
640	640	17 (B) an individual designated by a parent or legal guardian;
641	641	18 or
642	642	19 (C) an appropriate individual approved by the ICC on a
643	643	20 sufficient showing that no parent or legal guardian is
644	644	21 appropriate or available.
645	645	22 Chapter 10. Suspension
646	646	23 Sec. 1. If a patient or caregiver knowingly, intentionally, or
647	647	24 recklessly:
648	648	25 (1) violates any provision of this article; or
649	649	26 (2) transfers or sells cannabis to a person not qualified as a
650	650	27 patient under this article;
651	651	28 the ICC may suspend or revoke the patient's or caregiver's patient
652	652	29 or caregiver identification card. The suspension or revocation is in
653	653	30 addition to any criminal or other penalty.
654	654	31 Chapter 11. General Prohibitions
655	655	32 Sec. 1. A person may not operate a motor vehicle, including a
656	656	33 motorboat, while under the influence of cannabis.
657	657	34 Sec. 2. A person may not perform any employment duties in
658	658	35 exposed high places or in confined spaces while under the influence
659	659	36 of cannabis.
660	660	37 Sec. 3. A person's employer may prohibit an employee from
661	661	38 performing any task while under the influence of cannabis. The
662	662	39 prohibition is not an adverse employment decision or unlawful
663	663	40 discrimination even if the prohibition results in financial harm for
664	664	41 the employee.
665	665	42 Chapter 12. Cannabis Organizations
666	666	2023 IN 377—LS 7159/DI 106 16
667	667	1 Sec. 1. The following entities may receive a permit to operate as
668	668	2 a cannabis organization to grow, process, or sell cannabis:
669	669	3 (1) A grower.
670	670	4 (2) A processor.
671	671	5 (3) A qualified retailer.
672	672	6 Sec. 2. (a) The ICC shall develop an application for a:
673	673	7 (1) grower permit allowing the grower to grow cannabis;
674	674	8 (2) qualified retailer permit allowing a qualified retailer to sell
675	675	9 cannabis;
676	676	10 (3) processor permit allowing a processor to process cannabis;
677	677	11 and
678	678	12 (4) testing laboratory permit allowing a testing laboratory to
679	679	13 test cannabis.
680	680	14 (b) The following information must be included on the permit
681	681	15 application:
682	682	16 (1) The name, address, telephone number, and other contact
683	683	17 information for every person having an ownership interest in
684	684	18 the cannabis organization.
685	685	19 (2) Information relating to a similar permit, license, or other
686	686	20 authorization granted in another jurisdiction, including any
687	687	21 suspensions, revocations, or discipline in that jurisdiction.
688	688	22 (3) A release authorizing the ICC to conduct a background
689	689	23 check of the persons having an ownership interest in the
690	690	24 cannabis organization.
691	691	25 (4) A statement as to whether the applicant intends to operate
692	692	26 as a grower, a processor, or a qualified retailer, and a concise
693	693	27 description of the business activities in which the cannabis
694	694	28 organization intends to engage.
695	695	29 (5) The address or other location where the cannabis
696	696	30 organization intends to operate.
697	697	31 (6) A statement that no person having an ownership interest
698	698	32 in the cannabis organization has a felony conviction related to
699	699	33 the production, possession, or sale of marijuana that has not
700	700	34 been expunged and that was entered within the three (3) years
701	701	35 prior to submission of the permit application.
702	702	36 (7) Any other information required by the ICC.
703	703	37 (c) A permit application described in this section shall be
704	704	38 verified and completed subject to the penalties of perjury.
705	705	39 (d) An applicant shall submit the appropriate application and
706	706	40 permit fees at the time the applicant submits the application.
707	707	41 Chapter 13. Cannabis Organization Permits
708	708	42 Sec. 1. Subject to the limits and conditions described in section
709	709	2023 IN 377—LS 7159/DI 106 17
710	710	1 10 of this chapter, the ICC may grant a cannabis organization
711	711	2 permit if the ICC makes the following findings:
712	712	3 (1) The applicant will maintain effective control of cannabis
713	713	4 in the custody of the applicant.
714	714	5 (2) The applicant will comply with all state statutes, all rules
715	715	6 adopted by the ICC, and any ordinances adopted by a
716	716	7 governmental unit.
717	717	8 (3) The applicant has the ability to properly carry out the
718	718	9 activity for which the permit is sought.
719	719	10 (4) The applicant has sufficient financial means to acquire all
720	720	11 property, equipment, and permits required to properly grow,
721	721	12 process, or sell cannabis.
722	722	13 (5) The applicant is able to implement and maintain
723	723	14 appropriate security, tracking, record keeping, and
724	724	15 surveillance systems relating to the acquisition, possession,
725	725	16 growth, manufacture, delivery, transportation, distribution,
726	726	17 or sale of cannabis.
727	727	18 (6) The applicant satisfies any other conditions required
728	728	19 under rules adopted by the ICC.
729	729	20 (7) Granting a permit to the applicant serves the public
730	730	21 interest.
731	731	22 Sec. 2. If the ICC finds that information included in the
732	732	23 application is insufficient for the ICC to grant a permit to the
733	733	24 cannabis organization, the ICC may request that the applicant
734	734	25 submit additional documentation relating to one (1) or more items
735	735	26 listed in section 1 of this chapter.
736	736	27 Sec. 3. (a) Except as provided under subsection (b), a permit
737	737	28 granted under this chapter is nontransferable.
738	738	29 (b) A permit holder may transfer a permit to a person
739	739	30 authorized to hold a permit in accordance with rules adopted by
740	740	31 the ICC if:
741	741	32 (1) the permit holder has held the permit for at least
742	742	33 twenty-four (24) months; or
743	743	34 (2) the transfer is necessary due to the death or disability of
744	744	35 the permit holder or a similar severe hardship. For purposes
745	745	36 of this subdivision, financial hardship is not a severe hardship.
746	746	37 Sec. 4. A permit granted under this application is valid for one
747	747	38 (1) year after the date of issuance.
748	748	39 Sec. 5. (a) A permit may be renewed for one (1) or more
749	749	40 additional one (1) year periods.
750	750	41 (b) The ICC shall establish deadlines for filing a renewal
751	751	42 application that provide the ICC with sufficient time to review the
752	752	2023 IN 377—LS 7159/DI 106 18
753	753	1 application without causing an interruption in the cannabis
754	754	2 organization's activities.
755	755	3 (c) The same standards that apply for granting an initial
756	756	4 application apply to an application for renewal. In determining
757	757	5 whether the renewal of a permit serves the public interest, the ICC
758	758	6 shall consider the manner in which the renewal applicant has
759	759	7 operated the cannabis organization and complied with all relevant
760	760	8 laws.
761	761	9 Sec. 6. A permit issued by the ICC to a cannabis organization
762	762	10 must include the following information:
763	763	11 (1) The name and address of the cannabis organization.
764	764	12 (2) The type of permit.
765	765	13 (3) The activities that are permitted under the permit.
766	766	14 (4) A description of the property and facilities authorized to
767	767	15 be used by the cannabis organization.
768	768	16 (5) Any other information required by the ICC.
769	769	17 Sec. 7. The ICC may suspend or revoke all or part of a permit
770	770	18 granted under this chapter if, following a hearing, the ICC finds
771	771	19 any of the following:
772	772	20 (1) That one (1) or more of the determinations made under
773	773	21 section 1 of this chapter are no longer valid.
774	774	22 (2) That the cannabis organization knowingly or intentionally
775	775	23 sold or distributed cannabis to a person not permitted to
776	776	24 receive cannabis under this article.
777	777	25 (3) That the cannabis organization has failed to maintain
778	778	26 effective control against diversion of cannabis.
779	779	27 (4) That the cannabis organization has violated a provision of
780	780	28 this article or a rule adopted by the ICC.
781	781	29 (5) That the cannabis organization has failed to comply with
782	782	30 another law regulating controlled substances.
783	783	31 Sec. 8. (a) An applicant for a cannabis organization permit has
784	784	32 a continuing duty to notify the ICC of any material change in facts
785	785	33 or circumstances relating to the applicant's application, including
786	786	34 a change in ownership.
787	787	35 (b) An applicant's duty to notify the ICC begins on the date the
788	788	36 applicant submits the application and continues for as long as the
789	789	37 applicant holds a permit.
790	790	38 Sec. 9. The ICC may, upon request of a permit holder, amend an
791	791	39 existing permit to authorize a permit holder to:
792	792	40 (1) move the permit holder's operations from one (1) location
793	793	41 to another; or
794	794	42 (2) perform additional activities, or cease the performance of
795	795	2023 IN 377—LS 7159/DI 106 19
796	796	1 certain activities now performed, at the permit holder's
797	797	2 facility;
798	798	3 if the ICC finds that the amendment is reasonable under the
799	799	4 circumstances.
800	800	5 Sec. 10. (a) The ICC shall initially issue:
801	801	6 (1) ten (10) processor permits; and
802	802	7 (2) one hundred (100) grower permits.
803	803	8 (b) The ICC shall ensure that, to the extent practicable:
804	804	9 (1) at least one (1) processor permit is issued for a facility
805	805	10 located in each geographical region described in
806	806	11 IC 10-11-2-5(d);
807	807	12 (2) at least three (3) grower permits are issued for cultivation
808	808	13 in each geographical region described in IC 10-11-2-5(d); and
809	809	14 (3) the persons receiving a permit reflect the diversity and
810	810	15 makeup of Indiana.
811	811	16 (c) The ICC may issue additional licenses in order to meet the
812	812	17 demand for cannabis in Indiana and to ensure a competitive
813	813	18 market. The ICC shall annually complete a market analysis to
814	814	19 determine whether additional licenses are needed to continue the
815	815	20 capture of market share from illicit sources. The ICC shall hold
816	816	21 public hearings as part of the market analysis to hear from
817	817	22 consumers, market stakeholders, and potential new applicants.
818	818	23 Chapter 14. General Duties of a Permit Holder
819	819	24 Sec. 1. The holder of a cannabis organization permit must do the
820	820	25 following:
821	821	26 (1) Report the loss, theft, or unexplained disappearance of
822	822	27 cannabis to a law enforcement agency not later than
823	823	28 twenty-four (24) hours after the loss, theft, or disappearance
824	824	29 is discovered.
825	825	30 (2) Permit announced or unannounced inspections by the ICC
826	826	31 of all cannabis organization facilities and records.
827	827	32 Chapter 15. Application and Permit Fees
828	828	33 Sec. 1. The following fees apply to a grower:
829	829	34 (1) A nonrefundable grower permit application fee of five
830	830	35 hundred dollars ($500).
831	831	36 (2) A refundable grower permit fee of two thousand five
832	832	37 hundred dollars ($2,500).
833	833	38 (3) A refundable grower permit renewal fee of one thousand
834	834	39 dollars ($1,000).
835	835	40 (4) A nonrefundable permit amendment fee of two hundred
836	836	41 fifty dollars ($250).
837	837	42 Sec. 2. The following fees apply to a processor:
838	838	2023 IN 377—LS 7159/DI 106 20
839	839	1 (1) A nonrefundable processor permit application fee of two
840	840	2 thousand five hundred dollars ($2,500).
841	841	3 (2) A refundable processor permit fee of ten thousand dollars
842	842	4 ($10,000).
843	843	5 (3) A refundable processor permit renewal fee of five
844	844	6 thousand dollars ($5,000).
845	845	7 (4) A nonrefundable permit amendment fee of two hundred
846	846	8 fifty dollars ($250).
847	847	9 Sec. 3. The following fees apply to a qualified retailer:
848	848	10 (1) A nonrefundable qualified retailer permit application fee
849	849	11 of two hundred dollars ($200).
850	850	12 (2) A refundable qualified retailer permit fee of one thousand
851	851	13 dollars ($1,000) for each qualified retailer location.
852	852	14 (3) A refundable qualified retailer permit renewal fee of seven
853	853	15 hundred fifty dollars ($750) for each qualified retailer
854	854	16 location.
855	855	17 (4) A nonrefundable permit amendment fee of two hundred
856	856	18 fifty dollars ($250).
857	857	19 Sec. 4. The following fees apply to a testing laboratory:
858	858	20 (1) A nonrefundable testing laboratory permit application fee
859	859	21 of one thousand dollars ($1,000).
860	860	22 (2) A refundable testing laboratory permit fee of two
861	861	23 thousand five hundred dollars ($2,500) for each testing
862	862	24 laboratory location.
863	863	25 (3) A refundable testing laboratory permit renewal fee of two
864	864	26 thousand dollars ($2,000) for each testing laboratory location.
865	865	27 (4) A nonrefundable permit amendment fee of two hundred
866	866	28 fifty dollars ($250).
867	867	29 Sec. 5. An applicant must submit the application fee and permit
868	868	30 fee at the time the applicant submits the application.
869	869	31 Sec. 6. (a) The ICC shall retain the application fee even if the
870	870	32 application is not approved.
871	871	33 (b) The ICC shall refund the permit fee and renewal fee if the
872	872	34 permit or renewal is not approved. However, the permit fee and
873	873	35 renewal fee are not refundable if the permit is initially granted but
874	874	36 later suspended or revoked.
875	875	37 (c) The ICC shall retain the amendment fee even if the
876	876	38 application for amendment is not approved.
877	877	39 Sec. 7. The ICC shall transfer all fees to the auditor of state for
878	878	40 deposit in the state general fund.
879	879	41 Chapter 16. Tracking and Record Keeping
880	880	42 Sec. 1. (a) A cannabis organization must implement an
881	881	2023 IN 377—LS 7159/DI 106 21
882	882	1 electronic inventory tracking system, which must be directly
883	883	2 accessible to the ICC through an electronic data base that is
884	884	3 updated at least one (1) time each day.
885	885	4 (b) The electronic inventory tracking system must include the
886	886	5 following:
887	887	6 (1) For a grower, a seed to sale tracking system that tracks the
888	888	7 cannabis from seed to plant until the cannabis is sold or
889	889	8 transferred to its final destination.
890	890	9 (2) For a processor, a system that tracks cannabis from its
891	891	10 purchase from a grower to its transfer to a qualified retailer,
892	892	11 testing laboratory, or research facility as authorized by this
893	893	12 article.
894	894	13 (3) For a qualified retailer, a system that tracks cannabis from
895	895	14 its purchase from a grower or processor to its sale to an adult
896	896	15 cannabis user, patient, or caregiver, or its transfer to a testing
897	897	16 laboratory, research facility, grower, or processor as
898	898	17 authorized by this article.
899	899	18 (4) For a qualified retailer, a system to verify that a patient or
900	900	19 caregiver identification card presented by a patient or
901	901	20 caregiver purchasing cannabis:
902	902	21 (A) is valid; and
903	903	22 (B) authorizes the patient or caregiver to receive cannabis
904	904	23 from a qualified retailer.
905	905	24 (5) For a qualified retailer, a system to record and transmit
906	906	25 the identification of an adult cannabis user and the quantity
907	907	26 and type of cannabis purchased to ensure that the adult
908	908	27 cannabis user complies with possession limits.
909	909	28 (6) For a cannabis organization, a:
910	910	29 (A) daily log of each day's beginning inventory,
911	911	30 acquisitions, amounts purchased and sold, disbursements,
912	912	31 disposals, and ending inventory, including prices paid and
913	913	32 amounts collected from adult cannabis users, patients, and
914	914	33 caregivers;
915	915	34 (B) system to recall defective cannabis; and
916	916	35 (C) system to track the waste resulting from the growth of
917	917	36 cannabis, including the name and address of a disposal
918	918	37 service.
919	919	38 Sec. 2. A cannabis organization must implement a plan for:
920	920	39 (1) security and surveillance; and
921	921	40 (2) record keeping and record retention.
922	922	41 Sec. 3. The ICC:
923	923	42 (1) shall require a cannabis organization to make an annual
924	924	2023 IN 377—LS 7159/DI 106 22
925	925	1 report to the ICC; and
926	926	2 (2) may require a cannabis organization to make a quarterly
927	927	3 report to the ICC.
928	928	4 The ICC shall determine the form and contents of the report and
929	929	5 may make all or part of the report available to the public.
930	930	6 Chapter 17. Grower Operations
931	931	7 Sec. 1. A person holding a grower permit may do all the
932	932	8 following in accordance with rules adopted by the ICC:
933	933	9 (1) Obtain seed and plant material from another grower.
934	934	10 (2) Sell and transport seed and plant material to another
935	935	11 grower or processor.
936	936	12 (3) Sell and transport cannabis to a processor, qualified
937	937	13 retailer, testing laboratory, or research facility authorized by
938	938	14 the ICC.
939	939	15 The ICC may authorize a person holding a grower permit to sell
940	940	16 and transport seed, plant material, and cannabis to a grower,
941	941	17 processor, qualified retailer, testing laboratory, or research facility
942	942	18 in another state.
943	943	19 Sec. 2. The ICC shall determine the manner in which cannabis
944	944	20 may be grown, harvested, and stored at the cultivation or
945	945	21 harvesting facility.
946	946	22 Sec. 3. The ICC shall determine the manner in which
947	947	23 transportation of cannabis shall be conducted between or among
948	948	24 growers, processors, qualified retailers, testing laboratories, or
949	949	25 research facilities. Rules adopted by the ICC must include the
950	950	26 following:
951	951	27 (1) Requirements relating to shipping containers and
952	952	28 packaging.
953	953	29 (2) The manner in which trucks, vans, trailers, or other
954	954	30 carriers will be secured.
955	955	31 (3) Obtaining copies of driver's licenses and registrations and
956	956	32 other information related to security and tracking.
957	957	33 (4) The use of a GPS tracking system.
958	958	34 (5) Record keeping requirements for delivery and receipt of
959	959	35 cannabis products.
960	960	36 Sec. 4. A grower shall contract with an independent testing
961	961	37 laboratory to test the cannabis produced by the grower. The ICC
962	962	38 shall approve the testing laboratory and require that the testing
963	963	39 laboratory report testing results in the manner determined by the
964	964	40 ICC. If a grower learns that the grower's sample has failed
965	965	41 required testing, the grower must take steps to remediate the
966	966	42 harvest to allowable levels under IC 7.1-8-20-3, or immediately
967	967	2023 IN 377—LS 7159/DI 106 23
968	968	1 dispose of the harvest.
969	969	2 Chapter 18. Processor Operations
970	970	3 Sec. 1. A person holding a processor permit may do all the
971	971	4 following in accordance with rules adopted by the ICC:
972	972	5 (1) Obtain cannabis from a grower.
973	973	6 (2) Sell and transport processed cannabis to another grower
974	974	7 or processor.
975	975	8 (3) Sell and transport cannabis to a processor, qualified
976	976	9 retailer, testing laboratory, or research facility authorized by
977	977	10 the ICC.
978	978	11 The ICC shall authorize a person holding a processor permit to sell
979	979	12 and transport processed cannabis to a grower, processor, qualified
980	980	13 retailer, testing laboratory, or research facility in another state if
981	981	14 the person meets the requirements established by the ICC.
982	982	15 Sec. 2. The ICC shall determine the manner in which cannabis
983	983	16 may be processed or stored at the processor facility.
984	984	17 Sec. 3. The ICC shall determine the manner in which
985	985	18 transportation of cannabis shall be conducted between or among
986	986	19 cannabis organizations and research facilities. Rules adopted by
987	987	20 the ICC must include the following:
988	988	21 (1) Requirements relating to shipping containers and
989	989	22 packaging.
990	990	23 (2) The manner in which trucks, vans, trailers, or other
991	991	24 carriers will be secured.
992	992	25 (3) Obtaining copies of driver's licenses and registrations and
993	993	26 other information related to security and tracking.
994	994	27 (4) The use of a GPS tracking system.
995	995	28 (5) Record keeping requirements for delivery and receipt of
996	996	29 cannabis products.
997	997	30 Sec. 4. A processor shall develop a plan to ensure that cannabis
998	998	31 products are properly labeled, are not packaged in a manner that
999	999	32 is appealing to children, and are placed in child resistant
1000	1000	33 packaging.
1001	1001	34 Sec. 5. A processor shall include on its labeling of cannabis
1002	1002	35 products the following:
1003	1003	36 (1) The number of doses contained within the package, the
1004	1004	37 species, and the percentage of tetrahydrocannabinol and
1005	1005	38 cannabinol.
1006	1006	39 (2) A warning that the cannabis must be kept in the original
1007	1007	40 container in which it was sold.
1008	1008	41 (3) A warning that unauthorized use is unlawful and will
1009	1009	42 subject the person to criminal penalties.
1010	1010	2023 IN 377—LS 7159/DI 106 24
1011	1011	1 (4) A list of ingredients.
1012	1012	2 (5) The manufacture or harvest date.
1013	1013	3 (6) Any other information required by the ICC.
1014	1014	4 Sec. 6. A processor shall contract with an independent testing
1015	1015	5 laboratory to test the cannabis product produced by the processor.
1016	1016	6 The testing laboratory must be approved by the ICC, and the ICC
1017	1017	7 shall require that the testing laboratory report testing results in the
1018	1018	8 manner determined by the ICC. If a processor learns that a sample
1019	1019	9 submitted by the processor has failed required testing, the
1020	1020	10 processor must take steps to remediate the product to allowable
1021	1021	11 levels under IC 7.1-8-20-3, or immediately dispose of the batch.
1022	1022	12 Chapter 19. Qualified Retailer Operations
1023	1023	13 Sec. 1. (a) A qualified retailer holding a valid permit under this
1024	1024	14 article may sell cannabis to a patient or caregiver upon
1025	1025	15 presentation of a valid patient or caregiver identification card for
1026	1026	16 that patient or caregiver and electronic verification that the patient
1027	1027	17 or caregiver identification card is valid and authorizes the patient
1028	1028	18 or caregiver to receive cannabis from a qualified retailer.
1029	1029	19 (b) A qualified retailer holding a valid permit under this article
1030	1030	20 may sell cannabis to an adult cannabis user upon presentation of
1031	1031	21 a valid government issued photo identification card containing the
1032	1032	22 person's date of birth, and electronic verification that:
1033	1033	23 (1) the sale will not permit the adult cannabis user to exceed
1034	1034	24 the limit described in section 3 of this chapter; and
1035	1035	25 (2) that the adult cannabis user does not possess a valid,
1036	1036	26 unexpired certification.
1037	1037	27 Sec. 2. The qualified retailer shall provide to the purchaser a
1038	1038	28 receipt including all of the following:
1039	1039	29 (1) The name and address of the qualified retailer.
1040	1040	30 (2) The name and address of the purchaser.
1041	1041	31 (3) The date the cannabis was sold.
1042	1042	32 (4) For medical cannabis, any requirement or limitation by
1043	1043	33 the physician as to the form of cannabis for the patient.
1044	1044	34 (5) The form and the quantity of cannabis sold.
1045	1045	35 Sec. 3. A qualified retailer may not sell to a patient (or caregiver
1046	1046	36 on behalf of a specific patient):
1047	1047	37 (1) in any thirty (30) day period:
1048	1048	38 (A) more cannabis than the maximum amount authorized
1049	1049	39 by the certification; or
1050	1050	40 (B) ten (10) ounces of cannabis;
1051	1051	41 whichever is less;
1052	1052	42 (2) subject to subdivision (1), more than two and one-half (2.5)
1053	1053	2023 IN 377—LS 7159/DI 106 25
1054	1054	1 ounces of cannabis per day, of which not more than fifteen
1055	1055	2 (15) grams may be cannabis concentrate;
1056	1056	3 (3) a form of cannabis that is not authorized on the
1057	1057	4 certification; or
1058	1058	5 (4) cannabis, if the patient is cultivating mature cannabis
1059	1059	6 plants for the patient's own use.
1060	1060	7 Sec. 4. The cannabis packaging must include the following
1061	1061	8 information:
1062	1062	9 (1) The number of doses contained within the package, the
1063	1063	10 species, and the percentage of tetrahydrocannabinol and
1064	1064	11 cannabinol.
1065	1065	12 (2) A warning that the cannabis must be kept in the original
1066	1066	13 container in which it was sold.
1067	1067	14 (3) A warning that unauthorized use is unlawful and will
1068	1068	15 subject the person to criminal penalties.
1069	1069	16 (4) Any other information required by the ICC.
1070	1070	17 Sec. 5. A qualified retailer:
1071	1071	18 (1) may sell cannabis only in an indoor, enclosed, secure
1072	1072	19 facility located in Indiana;
1073	1073	20 (2) may sell medical devices and instruments that are needed
1074	1074	21 to administer cannabis; and
1075	1075	22 (3) may sell services approved by the ICC related to the use of
1076	1076	23 cannabis.
1077	1077	24 Sec. 6. A qualified retailer shall post a copy of its permit in a
1078	1078	25 location within its facility in a manner that is easily observable by
1079	1079	26 the public.
1080	1080	27 Sec. 7. A qualified retailer shall establish a plan to:
1081	1081	28 (1) prevent diversion of cannabis and cannabis products; and
1082	1082	29 (2) ensure a patient is not sold more cannabis than is
1083	1083	30 permitted under this article.
1084	1084	31 Chapter 20. Testing Laboratory Operations
1085	1085	32 Sec. 1. A testing laboratory may test cannabis from a cannabis
1086	1086	33 organization in accordance with rules adopted by the ICC if:
1087	1087	34 (1) it holds a valid permit issued under this article; or
1088	1088	35 (2) it is already accredited as a testing laboratory to
1089	1089	36 International Organization for Standardization (ISO) 17025
1090	1090	37 by a third party accrediting body such as the American
1091	1091	38 Association for Laboratory Accreditation (A2LA) or Assured
1092	1092	39 Calibration and Laboratory Accreditation Select Services
1093	1093	40 (ACLASS).
1094	1094	41 Sec. 2. A testing laboratory shall maintain policies and
1095	1095	42 procedures for the secure and proper analytical testing of
1096	1096	2023 IN 377—LS 7159/DI 106 26
1097	1097	1 cannabis, which must include:
1098	1098	2 (1) laboratory analysis techniques, including specific
1099	1099	3 instrumentation and protocols necessary to perform the tests
1100	1100	4 required by the ICC;
1101	1101	5 (2) the implementation of standards and methods for
1102	1102	6 conducting analysis of forms of cannabis in accordance with
1103	1103	7 the requirements of ISO/IEC 17025 "General Requirements
1104	1104	8 for the Competence of Testing and Calibration
1105	1105	9 Laboratories"; and
1106	1106	10 (3) methods of testing to detect:
1107	1107	11 (A) potency levels of tetrahydrocannabinol and
1108	1108	12 cannabinol;
1109	1109	13 (B) microbials;
1110	1110	14 (C) mycotoxins;
1111	1111	15 (D) pesticides;
1112	1112	16 (E) residual solvents; and
1113	1113	17 (F) any other matter as required by the ICC.
1114	1114	18 Sec. 3. The ICC shall establish the allowable level of microbials,
1115	1115	19 mycotoxins, pesticides, residual solvents, and other matter
1116	1116	20 determined by the ICC. If a sample received from a grower or
1117	1117	21 processor exceeds allowable levels, the testing laboratory must
1118	1118	22 immediately notify the grower or processor from whom the testing
1119	1119	23 laboratory received the sample.
1120	1120	24 Sec. 4. A person holding an ownership interest in a qualified
1121	1121	25 retailer, grower, or processor permit may not have an ownership
1122	1122	26 interest in a testing laboratory permit.
1123	1123	27 Chapter 21. Transportation
1124	1124	28 Sec. 1. A transporter may transport cannabis or paraphernalia
1125	1125	29 from a:
1126	1126	30 (1) grower or processor to a qualified retailer;
1127	1127	31 (2) grower or processor to a testing laboratory or research
1128	1128	32 facility authorized by the ICC;
1129	1129	33 (3) qualified retailer to a grower or processor;
1130	1130	34 (4) qualified retailer to a testing laboratory or research
1131	1131	35 facility authorized by the ICC;
1132	1132	36 (5) cannabis organization to another cannabis organization;
1133	1133	37 or
1134	1134	38 (6) cannabis organization to another person if authorized to
1135	1135	39 do so by the ICC;
1136	1136	40 if the transporter complies with this chapter.
1137	1137	41 Sec. 2. No employee of a transporter under this chapter who is
1138	1138	42 directly involved in the transport of cannabis or paraphernalia
1139	1139	2023 IN 377—LS 7159/DI 106 27
1140	1140	1 may have a felony conviction related to the production, possession,
1141	1141	2 or sale of marijuana that was entered within the previous three (3)
1142	1142	3 years and that has not been expunged.
1143	1143	4 Sec. 3. Cannabis or paraphernalia transported under this
1144	1144	5 chapter must be:
1145	1145	6 (1) packed in a tamper resistant and tamper evident package;
1146	1146	7 (2) clearly marked as to quantity and contents; and
1147	1147	8 (3) securely stored in the vehicle used for transport.
1148	1148	9 Sec. 4. The transporter shall proceed as directly and
1149	1149	10 expeditiously as practicable from the shipping location to the
1150	1150	11 receiving location.
1151	1151	12 Sec. 5. The person who ships the cannabis or paraphernalia
1152	1152	13 shall provide the transporter with a shipping manifest clearly
1153	1153	14 stating the:
1154	1154	15 (1) exact quantity of cannabis or paraphernalia that is being
1155	1155	16 transported;
1156	1156	17 (2) address of the shipping location;
1157	1157	18 (3) address of the receiving location;
1158	1158	19 (4) identification of the person transporting the material; and
1159	1159	20 (5) time the person transporting the material left the shipping
1160	1160	21 location.
1161	1161	22 Sec. 6. The transporter shall keep the shipping manifest in the
1162	1162	23 transporter's possession at all times.
1163	1163	24 Sec. 7. The ICC may adopt rules to regulate the transport of
1164	1164	25 cannabis or paraphernalia. The ICC may authorize a transporter
1165	1165	26 to transport cannabis or paraphernalia out of state.
1166	1166	27 Chapter 22. Reports
1167	1167	28 Sec. 1. The ICC shall, not later than December 31 of each year,
1168	1168	29 submit a report concerning the cannabis program to the legislative
1169	1169	30 council, the governor, and the chief justice of the supreme court.
1170	1170	31 The report to the legislative council must be in an electronic format
1171	1171	32 under IC 5-14-6.
1172	1172	33 Chapter 23. Civil Penalties
1173	1173	34 Sec. 1. The ICC may assess a penalty of not more than twenty
1174	1174	35 thousand dollars ($20,000) for each violation of this article or a
1175	1175	36 rule adopted under this article. In addition, the ICC may impose
1176	1176	37 an additional penalty of not more than two thousand five hundred
1177	1177	38 dollars ($2,500) for each day of a continuing violation.
1178	1178	39 Sec. 2. (a) In determining the amount of a civil penalty imposed
1179	1179	40 under this chapter, the ICC shall consider the following:
1180	1180	41 (1) The seriousness of the violation.
1181	1181	42 (2) The potential harm resulting from the violation to adult
1182	1182	2023 IN 377—LS 7159/DI 106 28
1183	1183	1 cannabis users, patients, caregivers, or the general public.
1184	1184	2 (3) The willfulness of the violation.
1185	1185	3 (4) Any previous violations.
1186	1186	4 (5) The economic benefit that accrued to the person who
1187	1187	5 committed the violation.
1188	1188	6 (b) If the ICC finds that the:
1189	1189	7 (1) violation did not threaten the safety or health of an adult
1190	1190	8 cannabis user, a patient, a caregiver, or the general public;
1191	1191	9 and
1192	1192	10 (2) violator took immediate action to remedy the violation
1193	1193	11 upon learning of it;
1194	1194	12 the ICC may issue a written warning instead of assessing a civil
1195	1195	13 penalty.
1196	1196	14 Sec. 3. In addition to the civil penalty described in this chapter
1197	1197	15 and any other penalty authorized by law, the ICC may revoke or
1198	1198	16 suspend a person's permit or patient or caregiver identification
1199	1199	17 card.
1200	1200	18 Chapter 24. Research
1201	1201	19 Sec. 1. (a) The ICC may provide assistance to universities,
1202	1202	20 research facilities, pharmaceutical companies, state agencies, and
1203	1203	21 similar entities that wish to conduct research concerning cannabis.
1204	1204	22 (b) The ICC may conduct research concerning cannabis.
1205	1205	23 Sec. 2. The ICC may authorize persons conducting research on
1206	1206	24 cannabis to obtain, possess, transport, and use cannabis for
1207	1207	25 research purposes, under terms and conditions established by the
1208	1208	26 ICC. The ICC shall issue appropriate documentation to allow
1209	1209	27 persons to obtain cannabis for research purposes.
1210	1210	28 Chapter 25. Employment
1211	1211	29 Sec. 1. The following definitions apply throughout this chapter:
1212	1212	30 (1) "On call" means that an employee is scheduled with at
1213	1213	31 least twenty-four (24) hours notice by the employee's
1214	1214	32 employer to be on standby or otherwise responsible for
1215	1215	33 performing tasks related to the employee's employment either
1216	1216	34 at the employer's premises or other previously designated
1217	1217	35 location by the employee's employer or supervisor to perform
1218	1218	36 a work related task.
1219	1219	37 (2) "Workplace" means the employer's premises, including
1220	1220	38 any building, real property, and parking area under the
1221	1221	39 control of the employer or area used by an employee while in
1222	1222	40 performance of the employee's job duties, and vehicles,
1223	1223	41 whether leased, rented, or owned. The term includes another
1224	1224	42 location as defined by the employer's written employment
1225	1225	2023 IN 377—LS 7159/DI 106 29
1226	1226	1 policy, to the extent that the policy is generally consistent with
1227	1227	2 this subdivision.
1228	1228	3 Sec. 2. This article does not:
1229	1229	4 (1) prohibit an employer from adopting reasonable zero
1230	1230	5 tolerance or drug free workplace policies, or employment
1231	1231	6 policies concerning drug testing, smoking, consumption,
1232	1232	7 storage, or use of cannabis in the workplace or while on call
1233	1233	8 provided that the policy is applied in a nondiscriminatory
1234	1234	9 manner;
1235	1235	10 (2) require an employer to permit an employee to be under
1236	1236	11 the influence of or use cannabis in the employer's workplace
1237	1237	12 or while performing the employee's job duties or while on
1238	1238	13 call; or
1239	1239	14 (3) limit or prevent an employer from disciplining an
1240	1240	15 employee or terminating employment of an employee for
1241	1241	16 violating an employer's employment policies or workplace
1242	1242	17 drug policy.
1243	1243	18 Sec. 3. For purposes of section 2 of this chapter, an employer
1244	1244	19 may consider an employee to be impaired or under the influence of
1245	1245	20 cannabis if the employer has a good faith belief that an employee
1246	1246	21 manifests specific, articulable symptoms while working that
1247	1247	22 decrease or lessen the employee's performance of the duties or
1248	1248	23 tasks of the employee's job position, including symptoms of the
1249	1249	24 employee's speech, physical dexterity, agility, coordination,
1250	1250	25 demeanor, irrational or unusual behavior, or negligence or
1251	1251	26 carelessness in operating equipment or machinery; disregard for
1252	1252	27 the safety of the employee or others, or involvement in any accident
1253	1253	28 that results in serious damage to equipment or property;
1254	1254	29 disruption of a production or manufacturing process; or
1255	1255	30 carelessness that results in any injury to the employee or others. If
1256	1256	31 an employer elects to discipline an employee on the basis that the
1257	1257	32 employee is under the influence of or impaired by cannabis, the
1258	1258	33 employer must afford the employee a reasonable opportunity to
1259	1259	34 contest the basis of the determination.
1260	1260	35 Sec. 4. This article does not create or imply a cause of action for
1261	1261	36 any person against an employer for:
1262	1262	37 (1) actions, including subjecting an employee or applicant to
1263	1263	38 reasonable drug and alcohol testing under the employer's
1264	1264	39 workplace drug policy, including an employee's refusal to be
1265	1265	40 tested or to cooperate in testing procedures or disciplining or
1266	1266	41 termination of employment, based on the employer's good
1267	1267	42 faith belief that an employee used or possessed cannabis in the
1268	1268	2023 IN 377—LS 7159/DI 106 30
1269	1269	1 employer's workplace or while performing the employee's job
1270	1270	2 duties or while on call in violation of the employer's
1271	1271	3 employment policies;
1272	1272	4 (2) actions, including discipline or termination of employment,
1273	1273	5 based on the employer's good faith belief that an employee
1274	1274	6 was impaired as a result of the use of cannabis, or under the
1275	1275	7 influence of cannabis, while at the employer's workplace or
1276	1276	8 while performing the employee's job duties or while on call in
1277	1277	9 violation of the employer's workplace drug policy; or
1278	1278	10 (3) injury, loss, or liability to a third party if the employer
1279	1279	11 neither knew nor had reason to know that the employee was
1280	1280	12 impaired.
1281	1281	13 Sec. 5. This article does not enhance or diminish protections
1282	1282	14 afforded by any other law.
1283	1283	15 Sec. 6. This article does not interfere with any federal, state, or
1284	1284	16 local restrictions on employment including the United States
1285	1285	17 Department of Transportation regulation 49 CFR 40.151(e) or
1286	1286	18 impact an employer's ability to comply with federal or state law or
1287	1287	19 cause it to lose a federal or state contract or funding.
1288	1288	20 SECTION 6. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
1289	1289	21 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1290	1290	22 2023]:
1291	1291	23 ARTICLE 9. INDIANA CANNABIS COMMISSION
1292	1292	24 Chapter 1. Definitions
1293	1293	25 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
1294	1294	26 article.
1295	1295	27 Chapter 2. General Provisions
1296	1296	28 Sec. 1. The Indiana cannabis commission (ICC) is established as
1297	1297	29 an agency of the state for purposes of administering the cannabis
1298	1298	30 program.
1299	1299	31 Sec. 2. (a) The ICC consists of:
1300	1300	32 (1) the ICC committee;
1301	1301	33 (2) the executive director; and
1302	1302	34 (3) other employees necessary to carry out the duties of the
1303	1303	35 ICC.
1304	1304	36 (b) The ICC committee consists of three (3) commissioners, who
1305	1305	37 shall direct and oversee the operation of the ICC.
1306	1306	38 Sec. 3. (a) ICC commissioners shall be appointed by the
1307	1307	39 governor.
1308	1308	40 (b) A commissioner is eligible for reappointment.
1309	1309	41 (c) Not more than two (2) commissioners may belong to the
1310	1310	42 same political party.
1311	1311	2023 IN 377—LS 7159/DI 106 31
1312	1312	1 (d) A commissioner shall be appointed to a four (4) year term.
1313	1313	2 (e) A commissioner serves the commissioner's term at the
1314	1314	3 pleasure of the governor.
1315	1315	4 Sec. 4. To be eligible for appointment as a commissioner, an
1316	1316	5 individual must have the following qualifications:
1317	1317	6 (1) The individual may not be employed by the state in any
1318	1318	7 other capacity.
1319	1319	8 (2) The individual must have good moral character.
1320	1320	9 (3) The individual must have been a resident of Indiana for at
1321	1321	10 least ten (10) years immediately preceding the appointment.
1322	1322	11 Sec. 5. The governor shall appoint one (1) commissioner to serve
1323	1323	12 as chairperson of the ICC committee and one (1) commissioner to
1324	1324	13 serve as vice chairperson. The vice chairperson shall act as the
1325	1325	14 chairperson if the chairperson is unable to attend a meeting of the
1326	1326	15 ICC committee.
1327	1327	16 Sec. 6. A commissioner appointed to fill a vacancy in the
1328	1328	17 membership of the ICC committee shall serve only for the
1329	1329	18 unexpired part of the original, vacated term. In all other respects,
1330	1330	19 an appointment to fill a vacancy shall be made in the same manner
1331	1331	20 that an original appointment is made.
1332	1332	21 Sec. 7. As compensation for services, each commissioner is
1333	1333	22 entitled to the minimum salary per diem provided by
1334	1334	23 IC 4-10-11-2.1(b). A commissioner is also entitled to
1335	1335	24 reimbursement for traveling expenses as provided under
1336	1336	25 IC 4-13-1-4 and other expenses actually incurred in connection
1337	1337	26 with the commissioner's duties as provided in the state policies and
1338	1338	27 procedures established by the Indiana department of
1339	1339	28 administration and approved by the budget agency.
1340	1340	29 Sec. 8. Each commissioner shall execute:
1341	1341	30 (1) a surety bond in the amount of ten thousand dollars
1342	1342	31 ($10,000), with surety approved by the governor; and
1343	1343	32 (2) an oath of office.
1344	1344	33 The surety bond and the oath of office shall be filed in the office of
1345	1345	34 the secretary of state.
1346	1346	35 Sec. 9. The required surety bond executed and filed on behalf of
1347	1347	36 a commissioner shall be made payable to the state of Indiana and
1348	1348	37 conditioned upon the faithful discharge of the commissioner's
1349	1349	38 duties.
1350	1350	39 Sec. 10. The ICC committee shall hold meetings at the call of the
1351	1351	40 chairperson. The ICC committee may establish rules governing
1352	1352	41 meetings.
1353	1353	42 Sec. 11. (a) Two (2) ICC commissioners constitute a quorum for
1354	1354	2023 IN 377—LS 7159/DI 106 32
1355	1355	1 the transaction of business.
1356	1356	2 (b) Each commissioner has one (1) vote.
1357	1357	3 (c) Action of the ICC committee may be taken only upon the
1358	1358	4 affirmative votes of at least two (2) commissioners.
1359	1359	5 Sec. 12. An ICC commissioner may not solicit or accept a
1360	1360	6 political contribution from a qualified patient, a qualified primary
1361	1361	7 caregiver, or any individual or entity that has a permit or has
1362	1362	8 applied for a permit issued by the ICC. However, the right of a
1363	1363	9 commissioner to vote as the commissioner chooses and to express
1364	1364	10 the commissioner's opinions on political subjects and candidates
1365	1365	11 may not be impaired.
1366	1366	12 Chapter 3. Employees and Administration
1367	1367	13 Sec. 1. (a) The ICC committee shall appoint an executive
1368	1368	14 director to assist the ICC in the efficient administration of its
1369	1369	15 powers and duties.
1370	1370	16 (b) The ICC committee shall fix the salary of the executive
1371	1371	17 director, subject to the approval of the budget agency.
1372	1372	18 Sec. 2. The ICC has the power to employ all necessary
1373	1373	19 employees, determine their duties, and, subject to the approval of
1374	1374	20 the ICC committee and the budget agency, fix their salaries.
1375	1375	21 Chapter 4. Powers and Duties
1376	1376	22 Sec. 1. The chairperson is the presiding officer at the meetings
1377	1377	23 of the ICC committee. The chairperson, together with the executive
1378	1378	24 director, shall prepare, certify, and authenticate all proceedings,
1379	1379	25 minutes, records, rules, and regulations of the ICC committee. The
1380	1380	26 chairperson shall also perform all other duties as imposed on the
1381	1381	27 chairperson by this title.
1382	1382	28 Sec. 2. The ICC has the power to organize its work, to enforce
1383	1383	29 and administer this article and IC 7.1-8, and to enforce and
1384	1384	30 administer the rules adopted by the ICC.
1385	1385	31 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to prescribe
1386	1386	32 the forms for all applications, documents, permits, cannabis patient
1387	1387	33 or caregiver identification cards, and licenses used in the
1388	1388	34 administration of this article and IC 7.1-8.
1389	1389	35 Sec. 4. The ICC has the following powers:
1390	1390	36 (1) To hold hearings before the ICC or its representative.
1391	1391	37 (2) To take testimony and receive evidence.
1392	1392	38 (3) To conduct inquiries with or without a hearing.
1393	1393	39 (4) To receive reports of investigators or other governmental
1394	1394	40 officers and employees.
1395	1395	41 (5) To administer oaths.
1396	1396	42 (6) To subpoena witnesses and to compel them to appear and
1397	1397	2023 IN 377—LS 7159/DI 106 33
1398	1398	1 testify.
1399	1399	2 (7) To certify copies of records of the ICC or any other
1400	1400	3 document or record on file with the ICC.
1401	1401	4 (8) To fix the form, mode, manner, time, and number of times
1402	1402	5 for the posting or publication of any required notices if not
1403	1403	6 otherwise provided.
1404	1404	7 (9) To adopt rules under IC 4-22-2 to carry out this article
1405	1405	8 and IC 7.1-8.
1406	1406	9 Sec. 5. The ICC has the following duties:
1407	1407	10 (1) To establish the cannabis program described in IC 7.1-8
1408	1408	11 and to adopt all necessary rules to implement the program.
1409	1409	12 (2) To implement protocols for the application and issuance
1410	1410	13 of a cannabis patient or caregiver identification card,
1411	1411	14 including protocols to:
1412	1412	15 (A) prevent fraud;
1413	1413	16 (B) ensure the accuracy of information contained in the
1414	1414	17 application; and
1415	1415	18 (C) protect the privacy of an applicant.
1416	1416	19 (3) To advise the general assembly concerning the
1417	1417	20 establishment of a program for the:
1418	1418	21 (A) manufacture;
1419	1419	22 (B) cultivation;
1420	1420	23 (C) advertising;
1421	1421	24 (D) transportation; and
1422	1422	25 (E) sale;
1423	1423	26 of cannabis.
1424	1424	27 (4) To encourage research concerning cannabis.
1425	1425	28 Chapter 5. Research and Development
1426	1426	29 Sec. 1. To permit and encourage research concerning cannabis:
1427	1427	30 (1) an accredited institution of higher education with a
1428	1428	31 physical presence in Indiana; and
1429	1429	32 (2) a pharmaceutical or agricultural business having a
1430	1430	33 research facility in Indiana;
1431	1431	34 may apply to the ICC for a license to conduct research concerning
1432	1432	35 cannabis.
1433	1433	36 Sec. 2. An application under this chapter must include the
1434	1434	37 following:
1435	1435	38 (1) The nature of the research project.
1436	1436	39 (2) The names of the individuals who will conduct the
1437	1437	40 research project.
1438	1438	41 (3) The approximate quantity of cannabis that will be used in
1439	1439	42 the research project.
1440	1440	2023 IN 377—LS 7159/DI 106 34
1441	1441	1 (4) The security protocol to be implemented to ensure that
1442	1442	2 cannabis is not diverted for uses other than the research
1443	1443	3 project.
1444	1444	4 (5) Any other information required by the ICC.
1445	1445	5 Sec. 3. Upon receipt of a completed application, the ICC may
1446	1446	6 issue a research license to the accredited institution of higher
1447	1447	7 education or pharmaceutical or agricultural business. The research
1448	1448	8 license must specifically list the names of each individual
1449	1449	9 participating in the research project who will have custody or
1450	1450	10 control of cannabis for research purposes and the approximate
1451	1451	11 quantity of the cannabis that will be used in the research project.
1452	1452	12 Sec. 4. The ICC may charge a reasonable fee for issuance of a
1453	1453	13 research license.
1454	1454	14 SECTION 7. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
1455	1455	15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1456	1456	16 JULY 1, 2023]: Sec. 1. (a) A person who operates a vehicle with an
1457	1457	17 alcohol concentration equivalent to at least eight-hundredths (0.08)
1458	1458	18 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
1459	1459	19 per:
1460	1460	20 (1) one hundred (100) milliliters of the person's blood; or
1461	1461	21 (2) two hundred ten (210) liters of the person's breath;
1462	1462	22 commits a Class C misdemeanor.
1463	1463	23 (b) A person who operates a vehicle with an alcohol concentration
1464	1464	24 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
1465	1465	25 (1) one hundred (100) milliliters of the person's blood; or
1466	1466	26 (2) two hundred ten (210) liters of the person's breath;
1467	1467	27 commits a Class A misdemeanor.
1468	1468	28 (c) A person who operates a vehicle with a controlled substance
1469	1469	29 listed in schedule I or II of IC 35-48-2 or its metabolite, not including
1470	1470	30 THC, in the person's blood commits a Class C misdemeanor.
1471	1471	31 (d) It is a defense to subsection (c) that:
1472	1472	32 (1) the accused person consumed the controlled substance in
1473	1473	33 accordance with a valid prescription or order of a practitioner (as
1474	1474	34 defined in IC 35-48-1) who acted in the course of the
1475	1475	35 practitioner's professional practice; or
1476	1476	36 (2) the:
1477	1477	37 (A) controlled substance is marijuana or a metabolite of
1478	1478	38 marijuana;
1479	1479	39 (B) person was not intoxicated;
1480	1480	40 (C) person did not cause a traffic accident; and
1481	1481	41 (D) substance was identified by means of a chemical test taken
1482	1482	42 pursuant to IC 9-30-7.
1483	1483	2023 IN 377—LS 7159/DI 106 35
1484	1484	1 (e) A person who:
1485	1485	2 (1) operates a vehicle with at least five (5) nanograms per
1486	1486	3 milliliter of THC in the person's whole blood; and
1487	1487	4 (2) is impaired;
1488	1488	5 commits a Class C misdemeanor.
1489	1489	6 SECTION 8. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
1490	1490	7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1491	1491	8 JULY 1, 2023]: Sec. 4. (a) A person who causes serious bodily injury
1492	1492	9 to another person when operating a vehicle:
1493	1493	10 (1) with an alcohol concentration equivalent to at least
1494	1494	11 eight-hundredths (0.08) gram of alcohol per:
1495	1495	12 (A) one hundred (100) milliliters of the person's blood; or
1496	1496	13 (B) two hundred ten (210) liters of the person's breath;
1497	1497	14 (2) with a controlled substance listed in schedule I or II of
1498	1498	15 IC 35-48-2 or its metabolite, not including THC, in the person's
1499	1499	16 blood;
1500	1500	17 (3) with at least five (5) nanograms per milliliter of THC in
1501	1501	18 the person's whole blood; or
1502	1502	19 (3) (4) while intoxicated;
1503	1503	20 commits a Level 5 felony. However, the offense is a Level 4 felony if
1504	1504	21 the person has a previous conviction of operating while intoxicated
1505	1505	22 within the five (5) years preceding the commission of the offense.
1506	1506	23 (b) A person who violates subsection (a) commits a separate offense
1507	1507	24 for each person whose serious bodily injury is caused by the violation
1508	1508	25 of subsection (a).
1509	1509	26 (c) It is a defense under subsection (a)(2) that the accused person
1510	1510	27 consumed the controlled substance in accordance with a valid
1511	1511	28 prescription or order of a practitioner (as defined in IC 35-48-1) who
1512	1512	29 acted in the course of the practitioner's professional practice.
1513	1513	30 SECTION 9. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
1514	1514	31 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1515	1515	32 JULY 1, 2023]: Sec. 5. (a) A person who causes the death or
1516	1516	33 catastrophic injury of another person when operating a vehicle:
1517	1517	34 (1) with an alcohol concentration equivalent to at least
1518	1518	35 eight-hundredths (0.08) gram of alcohol per:
1519	1519	36 (A) one hundred (100) milliliters of the person's blood; or
1520	1520	37 (B) two hundred ten (210) liters of the person's breath;
1521	1521	38 (2) with a controlled substance listed in schedule I or II of
1522	1522	39 IC 35-48-2 or its metabolite, not including THC, in the person's
1523	1523	40 blood;
1524	1524	41 (3) with at least five (5) nanograms per milliliter of THC in
1525	1525	42 the person's whole blood; or
1526	1526	2023 IN 377—LS 7159/DI 106 36
1527	1527	1 (3) (4) while intoxicated;
1528	1528	2 commits a Level 4 felony.
1529	1529	3 (b) A person who causes the death of a law enforcement animal (as
1530	1530	4 defined in IC 35-46-3-4.5) when operating a vehicle:
1531	1531	5 (1) with an alcohol concentration equivalent to at least
1532	1532	6 eight-hundredths (0.08) gram of alcohol per:
1533	1533	7 (A) one hundred (100) milliliters of the person's blood; or
1534	1534	8 (B) two hundred ten (210) liters of the person's breath; or
1535	1535	9 (2) with a controlled substance listed in schedule I or II of
1536	1536	10 IC 35-48-2 or its metabolite, not including THC, in the person's
1537	1537	11 blood; or
1538	1538	12 (3) with at least five (5) nanograms per milliliter of THC in
1539	1539	13 the person's whole blood;
1540	1540	14 commits a Level 6 felony.
1541	1541	15 (c) A person who commits an offense under subsection (a) or (b)
1542	1542	16 commits a separate offense for each person or law enforcement animal
1543	1543	17 whose death (or catastrophic injury, in the case of a person) is caused
1544	1544	18 by the violation of subsection (a) or (b).
1545	1545	19 (d) It is a defense under subsection (a) or (b) that the person accused
1546	1546	20 of causing the death or catastrophic injury of another person or the
1547	1547	21 death of a law enforcement animal when operating a vehicle with a
1548	1548	22 controlled substance listed in schedule I or II of IC 35-48-2 or its
1549	1549	23 metabolite in the person's blood consumed the controlled substance in
1550	1550	24 accordance with a valid prescription or order of a practitioner (as
1551	1551	25 defined in IC 35-48-1) who acted in the course of the practitioner's
1552	1552	26 professional practice.
1553	1553	27 SECTION 10. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
1554	1554	28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1555	1555	29 JULY 1, 2023]: Sec. 6. (a) A physician, a person trained in retrieving
1556	1556	30 contraband or obtaining bodily substance samples and acting under the
1557	1557	31 direction of or under a protocol prepared by a physician, or a licensed
1558	1558	32 health care professional acting within the professional's scope of
1559	1559	33 practice and under the direction of or under a protocol prepared by a
1560	1560	34 physician, who:
1561	1561	35 (1) obtains a blood, urine, or other bodily substance sample from
1562	1562	36 a person, regardless of whether the sample is taken for diagnostic
1563	1563	37 purposes or at the request of a law enforcement officer under this
1564	1564	38 section;
1565	1565	39 (2) performs a chemical test on blood, urine, or other bodily
1566	1566	40 substance obtained from a person; or
1567	1567	41 (3) searches for or retrieves contraband from the body cavity of an
1568	1568	42 individual;
1569	1569	2023 IN 377—LS 7159/DI 106 37
1570	1570	1 shall deliver the sample or contraband or disclose the results of the test
1571	1571	2 to a law enforcement officer who requests the sample, contraband, or
1572	1572	3 results as a part of a criminal investigation. Samples, contraband, and
1573	1573	4 test results shall be provided to a law enforcement officer even if the
1574	1574	5 person has not consented to or otherwise authorized their release.
1575	1575	6 (b) A physician, a licensed health care professional, a hospital, or an
1576	1576	7 agent of a physician or hospital is not civilly or criminally liable for any
1577	1577	8 of the following:
1578	1578	9 (1) Disclosing test results in accordance with this section.
1579	1579	10 (2) Delivering contraband, or a blood, urine, or other bodily
1580	1580	11 substance sample in accordance with this section.
1581	1581	12 (3) Searching for or retrieving contraband or obtaining a blood,
1582	1582	13 urine, or other bodily substance sample in accordance with this
1583	1583	14 section.
1584	1584	15 (4) Disclosing to the prosecuting attorney or the deputy
1585	1585	16 prosecuting attorney for use at or testifying at the criminal trial of
1586	1586	17 the person as to facts observed or opinions formed.
1587	1587	18 (5) Failing to treat a person from whom contraband is retrieved or
1588	1588	19 a blood, urine, or other bodily substance sample is obtained at the
1589	1589	20 request of a law enforcement officer if the person declines
1590	1590	21 treatment.
1591	1591	22 (6) Injury to a person arising from the performance of duties in
1592	1592	23 good faith under this section. However, immunity does not apply
1593	1593	24 if the physician, licensed health care professional, hospital, or
1594	1594	25 agent of a physician or hospital acts with gross negligence or
1595	1595	26 willful or wanton misconduct.
1596	1596	27 (c) For the purposes of a criminal proceeding:
1597	1597	28 (1) the privileges arising from a patient-physician relationship do
1598	1598	29 not apply to the contraband, samples, test results, or testimony
1599	1599	30 described in this section; and
1600	1600	31 (2) contraband, samples, test results, and testimony may be
1601	1601	32 admitted in a proceeding in accordance with the applicable rules
1602	1602	33 of evidence.
1603	1603	34 (d) The exceptions to the patient-physician relationship specified in
1604	1604	35 subsection (c) do not affect those relationships in a proceeding that is
1605	1605	36 not a criminal proceeding.
1606	1606	37 (e) The contraband, test results, and samples obtained by a law
1607	1607	38 enforcement officer under subsection (a) may be disclosed only to a
1608	1608	39 prosecuting attorney or a deputy prosecuting attorney for use as
1609	1609	40 evidence in a criminal proceeding.
1610	1610	41 (f) This section does not require a physician or a person under the
1611	1611	42 direction of a physician to perform a chemical test or to retrieve
1612	1612	2023 IN 377—LS 7159/DI 106 38
1613	1613	1 contraband.
1614	1614	2 (g) If the person:
1615	1615	3 (1) from whom the contraband is to be retrieved or the bodily
1616	1616	4 substance sample is to be obtained under this section does not
1617	1617	5 consent; and
1618	1618	6 (2) resists the retrieval of the contraband or the taking of a
1619	1619	7 sample;
1620	1620	8 the law enforcement officer may use reasonable force to assist an
1621	1621	9 individual, who must be authorized under this section to retrieve
1622	1622	10 contraband or obtain a sample, in the retrieval of the contraband or the
1623	1623	11 taking of the sample.
1624	1624	12 (h) The person authorized under this section to retrieve contraband
1625	1625	13 or obtain a bodily substance sample shall take the sample or retrieve
1626	1626	14 the contraband in a medically accepted manner.
1627	1627	15 (i) This subsection does not apply to contraband retrieved or a
1628	1628	16 bodily substance sample taken at a licensed hospital (as defined in
1629	1629	17 IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
1630	1630	18 may transport the person to a place where the contraband may be
1631	1631	19 retrieved or the sample may be obtained by any of the following
1632	1632	20 persons who are trained in retrieving contraband or obtaining bodily
1633	1633	21 substance samples and who have been engaged to retrieve contraband
1634	1634	22 or obtain samples under this section:
1635	1635	23 (1) A physician holding an unlimited license to practice medicine
1636	1636	24 or osteopathy.
1637	1637	25 (2) A registered nurse.
1638	1638	26 (3) A licensed practical nurse.
1639	1639	27 (4) An advanced emergency medical technician (as defined in
1640	1640	28 IC 16-18-2-6.5).
1641	1641	29 (5) A paramedic (as defined in IC 16-18-2-266).
1642	1642	30 (6) Except as provided in subsections (j) through (k), any other
1643	1643	31 person qualified through training, experience, or education to
1644	1644	32 retrieve contraband or obtain a bodily substance sample.
1645	1645	33 (j) A law enforcement officer may not retrieve contraband or obtain
1646	1646	34 a bodily substance sample under this section if the contraband is to be
1647	1647	35 retrieved or the sample is to be obtained from another law enforcement
1648	1648	36 officer as a result of the other law enforcement officer's involvement in
1649	1649	37 an accident or alleged crime.
1650	1650	38 (k) A law enforcement officer who is otherwise qualified to obtain
1651	1651	39 a bodily substance sample under this section may obtain a bodily
1652	1652	40 substance sample from a person involved in an accident or alleged
1653	1653	41 crime who is not a law enforcement officer only if:
1654	1654	42 (1) the officer obtained a bodily substance sample from an
1655	1655	2023 IN 377—LS 7159/DI 106 39
1656	1656	1 individual as part of the officer's official duties as a law
1657	1657	2 enforcement officer; and
1658	1658	3 (2) the:
1659	1659	4 (A) person consents to the officer obtaining a bodily substance
1660	1660	5 sample; or
1661	1661	6 (B) obtaining of the bodily substance sample is authorized by
1662	1662	7 a search warrant.
1663	1663	8 (l) A physician or a person trained in obtaining bodily samples who
1664	1664	9 is acting under the direction of or under a protocol prepared by a
1665	1665	10 physician shall obtain a blood sample if the following conditions are
1666	1666	11 satisfied:
1667	1667	12 (1) A law enforcement officer requests that the sample be
1668	1668	13 obtained.
1669	1669	14 (2) The law enforcement officer has certified in writing the
1670	1670	15 following:
1671	1671	16 (A) That the officer has probable cause to believe the person
1672	1672	17 from whom the sample is to be obtained has violated
1673	1673	18 IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2),
1674	1674	19 IC 35-46-9-6(c)(2), or IC 35-46-9-6(c). IC 35-46-9-6(d).
1675	1675	20 (B) That the offense resulting in a criminal investigation
1676	1676	21 described in subsection (a) occurred not more than three (3)
1677	1677	22 hours before the time the sample is requested.
1678	1678	23 (C) That exigent circumstances exist that create pressing
1679	1679	24 health, safety, or law enforcement needs that would take
1680	1680	25 priority over a warrant application.
1681	1681	26 (3) Not more than the use of reasonable force is necessary to
1682	1682	27 obtain the sample.
1683	1683	28 SECTION 11. IC 35-38-9-1.5 IS ADDED TO THE INDIANA
1684	1684	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
1685	1685	30 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) This section applies only
1686	1686	31 to a person convicted of one (1) or more of the following offenses
1687	1687	32 if the act constituting the offense is now permitted under
1688	1688	33 IC 7.1-8-3:
1689	1689	34 (1) IC 35-48-4-8.3 (possession of paraphernalia).
1690	1690	35 (2) IC 35-48-4-8.5 (dealing in paraphernalia).
1691	1691	36 (3) IC 35-48-4-10 (dealing in marijuana).
1692	1692	37 (4) IC 35-48-4-11 (possession of marijuana).
1693	1693	38 (b) A person to whom this section applies may petition a court
1694	1694	39 to expunge all conviction records, including records contained in:
1695	1695	40 (1) a court's files;
1696	1696	41 (2) the files of the department of correction;
1697	1697	42 (3) the files of the bureau of motor vehicles; and
1698	1698	2023 IN 377—LS 7159/DI 106 40
1699	1699	1 (4) the files of any other person who provided treatment or
1700	1700	2 services to the petitioning person under a court order;
1701	1701	3 that relate to the person's conviction, including records of a
1702	1702	4 collateral action.
1703	1703	5 (c) A petition for expungement of records must be verified and
1704	1704	6 filed in a circuit or superior court in the county of conviction. The
1705	1705	7 petition must set forth:
1706	1706	8 (1) the date of the conviction;
1707	1707	9 (2) the county of conviction;
1708	1708	10 (3) the court that entered the conviction;
1709	1709	11 (4) any other known identifying information, such as:
1710	1710	12 (A) the name of the arresting officer;
1711	1711	13 (B) the case number or court cause number;
1712	1712	14 (C) any aliases or other names used by the petitioner;
1713	1713	15 (D) the petitioner's driver's license number; and
1714	1714	16 (E) a list of each criminal charge and its disposition, if
1715	1715	17 applicable;
1716	1716	18 (5) the date of the petitioner's birth; and
1717	1717	19 (6) the petitioner's Social Security number.
1718	1718	20 A person who files a petition under this section is not required to
1719	1719	21 pay a filing fee.
1720	1720	22 (d) The court shall serve a copy of the petition on the
1721	1721	23 prosecuting attorney.
1722	1722	24 (e) Upon receipt of a petition for expungement, the court:
1723	1723	25 (1) may summarily deny the petition if the petition does not
1724	1724	26 meet the requirements of this section, or if the statements
1725	1725	27 contained in the petition indicate that the petitioner is not
1726	1726	28 entitled to relief; and
1727	1727	29 (2) shall grant the petition unless the conditions described in
1728	1728	30 subsection (a) have not been met.
1729	1729	31 (f) Whenever the petition of a person under this section is
1730	1730	32 granted:
1731	1731	33 (1) no information concerning the conviction (including
1732	1732	34 information from a collateral action that identifies the
1733	1733	35 petitioner) may be placed or retained in any state central
1734	1734	36 repository for criminal history information or in any other
1735	1735	37 alphabetically arranged criminal history information system
1736	1736	38 maintained by a local, regional, or statewide law enforcement
1737	1737	39 agency;
1738	1738	40 (2) the clerk of the supreme court shall seal or redact any
1739	1739	41 records in the clerk's possession that relate to the vacated
1740	1740	42 conviction;
1741	1741	2023 IN 377—LS 7159/DI 106 41
1742	1742	1 (3) the records of:
1743	1743	2 (A) the sentencing court;
1744	1744	3 (B) a court that conducted a collateral action;
1745	1745	4 (C) a court of appeals; and
1746	1746	5 (D) the supreme court;
1747	1747	6 concerning the person shall be redacted or permanently
1748	1748	7 sealed; and
1749	1749	8 (4) with respect to the records of a person who is named as an
1750	1750	9 appellant or an appellee in an opinion or memorandum
1751	1751	10 decision by the supreme court or the court of appeals, or who
1752	1752	11 is identified in a collateral action, the court shall:
1753	1753	12 (A) redact the opinion or memorandum decision as it
1754	1754	13 appears on the computer gateway administered by the
1755	1755	14 office of technology so that it does not include the
1756	1756	15 petitioner's name (in the same manner that opinions
1757	1757	16 involving juveniles are redacted); and
1758	1758	17 (B) provide a redacted copy of the opinion to any publisher
1759	1759	18 or organization to whom the opinion or memorandum
1760	1760	19 decision is provided after the date of the order of
1761	1761	20 expungement.
1762	1762	21 The supreme court and the court of appeals are not required to
1763	1763	22 redact, destroy, or otherwise dispose of any existing copy of an
1764	1764	23 opinion or memorandum decision that includes the petitioner's
1765	1765	24 name.
1766	1766	25 (g) If the court issues an order granting a petition for
1767	1767	26 expungement under this section, the order must include the
1768	1768	27 information described in subsection (f).
1769	1769	28 (h) If a person whose records are expunged brings an action that
1770	1770	29 might be defended with the contents of the expunged records, the
1771	1771	30 defendant is presumed to have a complete defense to the action. In
1772	1772	31 order for the plaintiff to recover, the plaintiff must show that the
1773	1773	32 contents of the expunged records would not exonerate the
1774	1774	33 defendant. The plaintiff may be required to state under oath
1775	1775	34 whether the plaintiff had records in the criminal or juvenile justice
1776	1776	35 system and whether those records were expunged. If the plaintiff
1777	1777	36 denies the existence of the records, the defendant may prove their
1778	1778	37 existence in any manner compatible with the law of evidence.
1779	1779	38 SECTION 12. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
1780	1780	39 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1781	1781	40 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
1782	1782	41 (c) and (d), a person who operates a motorboat while:
1783	1783	42 (1) having an alcohol concentration equivalent (as defined in
1784	1784	2023 IN 377—LS 7159/DI 106 42
1785	1785	1 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
1786	1786	2 per:
1787	1787	3 (A) one hundred (100) milliliters of the person's blood; or
1788	1788	4 (B) two hundred ten (210) liters of the person's breath;
1789	1789	5 (2) having a controlled substance listed in schedule I or II of
1790	1790	6 IC 35-48-2 or its metabolite, not including THC, in the person's
1791	1791	7 body; or
1792	1792	8 (3) intoxicated;
1793	1793	9 commits a Class C misdemeanor.
1794	1794	10 (b) A person who:
1795	1795	11 (1) operates a vehicle with at least five (5) nanograms per
1796	1796	12 milliliter of THC in the person's whole blood; and
1797	1797	13 (2) is impaired;
1798	1798	14 commits a Class C misdemeanor.
1799	1799	15 (b) (c) The offense under subsection (a) or (b) is a Level 6 felony
1800	1800	16 if:
1801	1801	17 (1) the person has a previous conviction under:
1802	1802	18 (A) IC 14-1-5 (repealed);
1803	1803	19 (B) IC 14-15-8-8 (repealed); or
1804	1804	20 (C) this chapter; or
1805	1805	21 (2) the offense results in serious bodily injury to another person.
1806	1806	22 (c) (d) The offense under subsection (a) or (b) is a Level 5 felony
1807	1807	23 if the offense results in the death or catastrophic injury of another
1808	1808	24 person.
1809	1809	25 (d) (e) It is a defense to a prosecution under subsection (a)(2) that
1810	1810	26 the accused person consumed the controlled substance in accordance
1811	1811	27 with a valid prescription or order of a practitioner (as defined in
1812	1812	28 IC 35-48-1-24) who acted in the course of the practitioner's
1813	1813	29 professional practice.
1814	1814	30 SECTION 13. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
1815	1815	31 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1816	1816	32 JULY 1, 2023]: Sec. 8.3. (a) This section does not apply to:
1817	1817	33 (1) a rolling paper; or
1818	1818	34 (2) a person, including an adult cannabis user, patient,
1819	1819	35 caregiver, cannabis organization, research facility, or
1820	1820	36 transporter described in IC 7.1-8, if the person is in
1821	1821	37 substantial compliance with the requirements of IC 7.1-8.
1822	1822	38 (b) A person who knowingly or intentionally possesses an
1823	1823	39 instrument, a device, or another object that the person intends to use
1824	1824	40 for:
1825	1825	41 (1) introducing into the person's body a controlled substance;
1826	1826	42 (2) testing the strength, effectiveness, or purity of a controlled
1827	1827	2023 IN 377—LS 7159/DI 106 43
1828	1828	1 substance; or
1829	1829	2 (3) enhancing the effect of a controlled substance;
1830	1830	3 commits a Class C misdemeanor. However, the offense is a Class A
1831	1831	4 misdemeanor if the person has a prior unrelated judgment or conviction
1832	1832	5 under this section.
1833	1833	6 SECTION 14. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
1834	1834	7 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1835	1835	8 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
1836	1836	9 sale, delivers, or finances the delivery of a raw material, an instrument,
1837	1837	10 a device, or other object that is intended to be or that is designed or
1838	1838	11 marketed to be used primarily for:
1839	1839	12 (1) ingesting, inhaling, or otherwise introducing into the human
1840	1840	13 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
1841	1841	14 controlled substance;
1842	1842	15 (2) testing the strength, effectiveness, or purity of marijuana, hash
1843	1843	16 oil, hashish, salvia, a synthetic drug, or a controlled substance;
1844	1844	17 (3) enhancing the effect of a controlled substance;
1845	1845	18 (4) manufacturing, compounding, converting, producing,
1846	1846	19 processing, or preparing marijuana, hash oil, hashish, salvia, a
1847	1847	20 synthetic drug, or a controlled substance;
1848	1848	21 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
1849	1849	22 synthetic drug, or a controlled substance by individuals; or
1850	1850	23 (6) any purpose announced or described by the seller that is in
1851	1851	24 violation of this chapter;
1852	1852	25 commits a Class A infraction for dealing in paraphernalia.
1853	1853	26 (b) A person who knowingly or intentionally violates subsection (a)
1854	1854	27 commits a Class A misdemeanor. However, the offense is a Level 6
1855	1855	28 felony if the person has a prior unrelated judgment or conviction under
1856	1856	29 this section.
1857	1857	30 (c) This section does not apply to the following:
1858	1858	31 (1) Items marketed for use in the preparation, compounding,
1859	1859	32 packaging, labeling, or other use of marijuana, hash oil, hashish,
1860	1860	33 salvia, a synthetic drug, or a controlled substance as an incident
1861	1861	34 to lawful research, teaching, or chemical analysis and not for sale.
1862	1862	35 (2) Items marketed for or historically and customarily used in
1863	1863	36 connection with the planting, propagating, cultivating, growing,
1864	1864	37 harvesting, manufacturing, compounding, converting, producing,
1865	1865	38 processing, preparing, testing, analyzing, packaging, repackaging,
1866	1866	39 storing, containing, concealing, injecting, ingesting, or inhaling
1867	1867	40 of tobacco or any other lawful substance.
1868	1868	41 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
1869	1869	42 a syringe or needle as part of a program under IC 16-41-7.5.
1870	1870	2023 IN 377—LS 7159/DI 106 44
1871	1871	1 (4) Any entity or person that provides funding to a qualified entity
1872	1872	2 (as defined in IC 16-41-7.5-3) to operate a program described in
1873	1873	3 IC 16-41-7.5.
1874	1874	4 (5) A person, including an adult cannabis user, patient,
1875	1875	5 caregiver, cannabis organization, research facility, or
1876	1876	6 transporter described in IC 7.1-8, if the person is in
1877	1877	7 substantial compliance with the requirements of IC 7.1-8.
1878	1878	8 SECTION 15. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
1879	1879	9 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1880	1880	10 JULY 1, 2023]: Sec. 10. (a) A person who:
1881	1881	11 (1) knowingly or intentionally:
1882	1882	12 (A) manufactures;
1883	1883	13 (B) finances the manufacture of;
1884	1884	14 (C) delivers; or
1885	1885	15 (D) finances the delivery of;
1886	1886	16 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
1887	1887	17 (2) possesses, with intent to:
1888	1888	18 (A) manufacture;
1889	1889	19 (B) finance the manufacture of;
1890	1890	20 (C) deliver; or
1891	1891	21 (D) finance the delivery of;
1892	1892	22 marijuana, hash oil, hashish, or salvia, pure or adulterated;
1893	1893	23 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
1894	1894	24 misdemeanor, except as provided in subsections (b) through (d).
1895	1895	25 (b) A person may be convicted of an offense under subsection (a)(2)
1896	1896	26 only if:
1897	1897	27 (1) there is evidence in addition to the weight of the drug that the
1898	1898	28 person intended to manufacture, finance the manufacture of,
1899	1899	29 deliver, or finance the delivery of the drug; or
1900	1900	30 (2) the amount of the drug involved is at least:
1901	1901	31 (A) ten (10) pounds, if the drug is marijuana; or
1902	1902	32 (B) three hundred (300) grams, if the drug is hash oil, hashish,
1903	1903	33 or salvia.
1904	1904	34 (c) The offense is a Level 6 felony if:
1905	1905	35 (1) the person has a prior conviction for a drug offense and the
1906	1906	36 amount of the drug involved is:
1907	1907	37 (A) less than thirty (30) grams of marijuana; or
1908	1908	38 (B) less than five (5) grams of hash oil, hashish, or salvia; or
1909	1909	39 (2) the amount of the drug involved is:
1910	1910	40 (A) at least thirty (30) grams but less than ten (10) pounds of
1911	1911	41 marijuana; or
1912	1912	42 (B) at least five (5) grams but less than three hundred (300)
1913	1913	2023 IN 377—LS 7159/DI 106 45
1914	1914	1 grams of hash oil, hashish, or salvia.
1915	1915	2 (d) The offense is a Level 5 felony if:
1916	1916	3 (1) the person has a prior conviction for a drug dealing offense
1917	1917	4 and the amount of the drug involved is:
1918	1918	5 (A) at least thirty (30) grams but less than ten (10) pounds of
1919	1919	6 marijuana; or
1920	1920	7 (B) at least five (5) grams but less than three hundred (300)
1921	1921	8 grams of hash oil, hashish, or salvia;
1922	1922	9 (2) the:
1923	1923	10 (A) amount of the drug involved is:
1924	1924	11 (i) at least ten (10) pounds of marijuana; or
1925	1925	12 (ii) at least three hundred (300) grams of hash oil, hashish,
1926	1926	13 or salvia; or
1927	1927	14 (B) offense involved a sale to a minor; or
1928	1928	15 (3) the:
1929	1929	16 (A) person is a retailer;
1930	1930	17 (B) marijuana, hash oil, hashish, or salvia is packaged in a
1931	1931	18 manner that appears to be low THC hemp extract; and
1932	1932	19 (C) person knew or reasonably should have known that the
1933	1933	20 product was marijuana, hash oil, hashish, or salvia.
1934	1934	21 (e) This section does not apply to a person, including an adult
1935	1935	22 cannabis user, patient, caregiver, cannabis organization, research
1936	1936	23 facility, or transporter described in IC 7.1-8, if the person is in
1937	1937	24 substantial compliance with the requirements of IC 7.1-8.
1938	1938	25 SECTION 16. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
1939	1939	26 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1940	1940	27 JULY 1, 2023]: Sec. 11. (a) A person who:
1941	1941	28 (1) knowingly or intentionally possesses (pure or adulterated)
1942	1942	29 marijuana, hash oil, hashish, or salvia;
1943	1943	30 (2) knowingly or intentionally grows or cultivates marijuana; or
1944	1944	31 (3) knowing that marijuana is growing on the person's premises,
1945	1945	32 fails to destroy the marijuana plants;
1946	1946	33 commits possession of marijuana, hash oil, hashish, or salvia, a Class
1947	1947	34 B misdemeanor, except as provided in subsections (b) through (c).
1948	1948	35 (b) The offense described in subsection (a) is a Class A
1949	1949	36 misdemeanor if:
1950	1950	37 (1) the person has a prior conviction for a drug offense; or
1951	1951	38 (2) the:
1952	1952	39 (A) marijuana, hash oil, hashish, or salvia is packaged in a
1953	1953	40 manner that appears to be low THC hemp extract; and
1954	1954	41 (B) person knew or reasonably should have known that the
1955	1955	42 product was marijuana, hash oil, hashish, or salvia.
1956	1956	2023 IN 377—LS 7159/DI 106 46
1957	1957	1 (c) The offense described in subsection (a) is a Level 6 felony if:
1958	1958	2 (1) the person has a prior conviction for a drug offense; and
1959	1959	3 (2) the person possesses:
1960	1960	4 (A) at least thirty (30) grams of marijuana; or
1961	1961	5 (B) at least five (5) grams of hash oil, hashish, or salvia.
1962	1962	6 (d) This section does not apply to a person, including an adult
1963	1963	7 cannabis user, patient, caregiver, cannabis organization, research
1964	1964	8 facility, or transporter described in IC 7.1-8, if the person is in
1965	1965	9 substantial compliance with the requirements of IC 7.1-8.
1966	1966	2023 IN 377—LS 7159/DI 106