Introduced Version
SENATE BILL No. 377
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-5-41.1; IC 6-2.5-5-58; IC 6-7; IC 7.1-8;
IC 7.1-9; IC 9-30; IC 35-38-9-1.5; IC 35-46-9-6; IC 35-48-4.
Synopsis: Cannabis regulation. Permits the use of cannabis by: (1) a
person at least 21 years of age; and (2) a person with a serious medical
condition as determined by the person's physician. Establishes the adult
use cannabis excise tax, and requires a retailer to transfer the tax to the
department of state revenue for deposit in the state general fund.
Exempts veterans from payment of the sales tax on medical or adult use
cannabis. Establishes a cannabis program to permit the cultivation,
processing, testing, transportation, and sale of cannabis by holders of
a valid permit. Establishes the Indiana cannabis commission (ICC) as
a state agency to oversee, implement, and enforce the program, and
establishes the ICC advisory committee to review the effectiveness of
the program. Requires that permit holders take steps to prevent
diversion of cannabis to unauthorized persons. Requires that cannabis
and cannabis products be properly labeled, placed in child resistant
packaging, and tested by an independent testing laboratory before
being made available for purchase. Prohibits packaging cannabis in a
manner that is appealing to children. Authorizes research on cannabis
in accordance with rules set forth by the ICC. Establishes a procedure
for the expungement of a cannabis related conviction if the act
constituting the conviction becomes legal. Makes conforming
amendments.
Effective: July 1, 2023.
Pol Jr., Ford Jon
January 19, 2023, read first time and referred to Committee on Commerce and Technology.
2023 IN 377—LS 7159/DI 106 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 377
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-41.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]:
4 Chapter 41.1. ICC Advisory Committee
5 Sec. 1. The following definitions apply throughout this chapter:
6 (1) "Advisory committee" means the ICC advisory committee
7 established by section 2 of this chapter.
8 (2) "ICC" means the Indiana cannabis commission
9 established by IC 7.1-9-2-1.
10 Sec. 2. The ICC advisory committee is established.
11 Sec. 3. (a) The advisory committee consists of the following four
12 (4) voting members and eight (8) nonvoting members:
13 (1) One (1) legislative member appointed by the speaker.
14 (2) One (1) legislative member appointed by the minority
15 leader of the house of representatives.
16 (3) One (1) legislative member appointed by the president pro
17 tempore.
2023 IN 377—LS 7159/DI 106 2
1 (4) One (1) legislative member appointed by the minority
2 leader of the senate.
3 (5) One (1) representative of law enforcement, appointed as a
4 nonvoting member by the speaker.
5 (6) One (1) individual having experience in the treatment of
6 medical conditions by means of cannabis as a patient,
7 physician, or caregiver, appointed as a nonvoting member by
8 the president pro tempore.
9 (7) The commissioner of the department of state revenue or
10 the commissioner's designee, who serves as a nonvoting
11 member.
12 (8) The director of the Indiana state department of
13 agriculture or the director's designee, who serves as a
14 nonvoting member.
15 (9) The state health commissioner or the commissioner's
16 designee, who serves as a nonvoting member.
17 (10) A representative of an Indiana based cannabis trade
18 organization, appointed by the speaker as a nonvoting
19 member.
20 (11) A representative of an experienced manufacturer of low
21 THC hemp extract, appointed by the president pro tempore
22 as a nonvoting member.
23 (12) An experienced hemp grower, appointed by the state seed
24 commissioner as a nonvoting member.
25 (b) The chairperson of the legislative council shall annually
26 select one (1) of the voting members to serve as chairperson.
27 Sec. 4. (a) A legislative member of the advisory committee may
28 be removed at any time by the appointing authority who appointed
29 the legislative member.
30 (b) If a vacancy exists on the advisory committee, the appointing
31 authority who appointed the former member whose position has
32 become vacant shall appoint an individual to fill the vacancy.
33 Sec. 5. Each member of the advisory committee is entitled to
34 receive the same per diem, mileage, and travel allowances paid to
35 individuals who serve as legislative and lay members, respectively,
36 of interim study committees established by the legislative council.
37 Sec. 6. The affirmative votes of a majority of the voting
38 members appointed to the advisory committee are required for the
39 advisory committee to take action on any measure, including final
40 reports.
41 Sec. 7. The advisory committee shall do the following, as
42 applicable:
2023 IN 377—LS 7159/DI 106 3
1 (1) Review rules adopted by the ICC.
2 (2) Review legislative proposals suggested by the ICC.
3 (3) Evaluate the cannabis research and development program
4 under IC 7.1-9-5.
5 (4) Evaluate the operation of the medical and adult use
6 cannabis programs.
7 (5) Consider any other matter that has bearing on the
8 operation of the medical and adult use cannabis programs.
9 SECTION 2. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2023]: Sec. 58. Transactions involving medical cannabis (as
12 defined in IC 7.1-8-1-1) and adult use cannabis (as defined in
13 IC 7.1-8-1-1) are exempt from the state gross retail tax if the
14 person acquiring the cannabis is a veteran (as defined in
15 IC 23-14-54.5-5).
16 SECTION 3. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2023].
17 (Controlled Substance Excise Tax).
18 SECTION 4. IC 6-7-5 IS ADDED TO THE INDIANA CODE AS
19 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
20 1, 2023]:
21 Chapter 5. Adult Use Cannabis Excise Tax
22 Sec. 1. The following definitions apply throughout this chapter:
23 (1) "Adult use cannabis" has the meaning set forth in
24 IC 7.1-8-1-1.
25 (2) "Department" means the department of state revenue.
26 (3) "Medical cannabis" has the meaning set forth in
27 IC 7.1-8-1-1.
28 (4) "Qualified retailer" has the meaning set forth in
29 IC 7.1-8-1-1.
30 Sec. 2. The adult use cannabis excise tax is imposed on adult use
31 cannabis sold in Indiana. The adult use cannabis excise tax is not
32 imposed on medical cannabis.
33 Sec. 3. The adult use cannabis excise tax is:
34 (1) one percent (1%) of the gross retail income received by the
35 qualified retailer for the purchase of adult use cannabis,
36 during the state fiscal year beginning July 1, 2023;
37 (2) two percent (2%) of the gross retail income received by the
38 qualified retailer for the purchase of adult use cannabis,
39 during the state fiscal year beginning July 1, 2024; and
40 (3) three percent (3%) of the gross retail income received by
41 the qualified retailer for the purchase of adult use cannabis,
42 during and after the state fiscal year beginning July 1, 2025.
2023 IN 377—LS 7159/DI 106 4
1 Sec. 4. A qualified retailer shall collect the adult use cannabis
2 excise tax at the time the adult use cannabis is dispensed.
3 Sec. 5. Before the fifteenth day of each month, each qualified
4 retailer liable for the tax imposed by this chapter shall:
5 (1) file a return with the department that includes all
6 information required by the department, including the:
7 (A) name of the qualified retailer;
8 (B) address of the qualified retailer;
9 (C) invoice date;
10 (D) invoice number; and
11 (E) gross retail income received from the sale of adult use
12 cannabis dispensed during the preceding month; and
13 (2) pay the tax for which it is liable under this chapter for the
14 preceding month, minus the amount specified in section 6 of
15 this chapter.
16 All returns required to be filed and taxes required to be paid under
17 this chapter must be made in an electronic format prescribed by
18 the department.
19 Sec. 6. A qualified retailer that files a complete return and pays
20 the tax due within the time specified in section 5 of this chapter is
21 entitled to deduct and retain from the tax a collection allowance of
22 seven-thousandths (0.007) of the amount due. If a qualified retailer
23 files an incomplete report, the department may reduce the
24 collection allowance by an amount that does not exceed the lesser
25 of:
26 (1) ten percent (10%) of the collection allowance; or
27 (2) fifty dollars ($50).
28 Sec. 7. The department shall deposit the taxes collected under
29 this chapter in the state general fund.
30 SECTION 5. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
31 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
32 2023]:
33 ARTICLE 8. CANNABIS
34 Chapter 1. Definitions
35 Sec. 1. The following definitions apply throughout this article:
36 (1) "Adult cannabis user" means a person at least twenty-one
37 (21) years of age who has not been issued a patient or
38 caregiver identification card, unless the patient or caregiver
39 identification card has expired.
40 (2) "Adult use cannabis" means cannabis for use by a person
41 at least twenty-one (21) years of age.
42 (3) "Cannabis" means any part of the plant genus Cannabis.
2023 IN 377—LS 7159/DI 106 5
1 (4) "Cannabis organization" means a qualified retailer, a
2 grower, a processor, or a testing laboratory.
3 (5) "Caregiver" means the individual designated by a patient
4 under this article to obtain, possess, deliver, and assist in the
5 administration of cannabis to the patient.
6 (6) "Certification" means the certification issued to a patient
7 by a physician under this article.
8 (7) "Family or household member" means a person described
9 in IC 35-31.5-2-128.
10 (8) "Form of cannabis" means the characteristics of the
11 cannabis recommended for a particular patient, including the
12 method of consumption, and any particular dosage, strain,
13 variety, quantity, or percentage of cannabis or of a particular
14 active ingredient.
15 (9) "Grower" means a person that holds a permit issued by
16 the ICC to grow cannabis.
17 (10) "ICC" means the Indiana cannabis commission
18 established by IC 7.1-9-2-1.
19 (11) "ICC committee" means the ICC commissioners
20 described in IC 7.1-9-2.
21 (12) "INSPECT" means the Indiana scheduled prescription
22 electronic collection and tracking program established by
23 IC 25-1-13-4.
24 (13) "Medical cannabis" means cannabis for medical use.
25 (14) "Patient" means an individual who:
26 (A) has a serious medical condition; and
27 (B) meets the requirements for certification for the use of
28 cannabis under this article.
29 (15) "Patient or caregiver identification card" means a
30 document issued to a patient or caregiver by the ICC
31 authorizing access to cannabis.
32 (16) "Permit" means an authorization issued by the ICC to a
33 cannabis organization to conduct activities under this article.
34 (17) "Processor" means a person that holds a permit issued by
35 the ICC to process or convert cannabis into a marketable
36 form.
37 (18) "Qualified retailer" means a person that holds a permit
38 issued by the ICC to sell cannabis.
39 (19) "Serious medical condition" means a medical condition
40 for which, in the professional opinion of a physician, the
41 benefits of treatment with cannabis are greater than the risks
42 of treatment with cannabis.
2023 IN 377—LS 7159/DI 106 6
1 (20) "Testing laboratory" means a laboratory that analyzes
2 cannabis.
3 (21) "Transporter" means a person who transports cannabis
4 or paraphernalia. The term includes a person who does not
5 possess a permit or patient or caregiver identification card.
6 Chapter 2. Cannabis Program
7 Sec. 1. (a) The cannabis program is established to serve:
8 (1) patients suffering from a serious medical condition; and
9 (2) adult cannabis users.
10 (b) The ICC shall administer the program.
11 (c) The ICC has regulatory, enforcement, and exporting
12 authority over the growing, processing, sale, transporting, and use
13 of medical and adult use cannabis. The ICC shall contract with the
14 state chemist for the testing and growing of medical and adult use
15 cannabis.
16 Sec. 2. The ICC shall do the following:
17 (1) Issue a permit to a qualifying cannabis organization
18 authorizing it to grow, process, sell, or test cannabis.
19 (2) Establish and maintain an electronic data base to store
20 and track information relating to the cannabis program. The
21 data base must:
22 (A) have the ability to authenticate in real time a patient or
23 caregiver identification card presented to a qualified
24 retailer;
25 (B) track in real time the amount of cannabis provided to:
26 (i) a patient or caregiver; or
27 (ii) an adult cannabis user;
28 at a qualified retailer, share this information in real time
29 with other qualified retailers to prevent diversion, and
30 issue a "stop sale" warning if a purchaser will exceed the
31 allowable amount of cannabis that the purchaser may
32 possess;
33 (C) store records relating to a certification, including, if
34 applicable, the recommended form of cannabis and any
35 early expiration date recommended by the physician; and
36 (D) track the cultivation, processing, transport, storage,
37 and sale of cannabis.
38 (3) Maintain within the ICC's data base an electronic
39 directory of patients and caregivers approved to use or assist
40 in the administration of medical cannabis.
41 (4) Develop enforcement procedures, including announced
42 and unannounced inspections of:
2023 IN 377—LS 7159/DI 106 7
1 (A) a qualified retailer;
2 (B) a grower facility;
3 (C) a processor facility; and
4 (D) all records of a cannabis organization.
5 (5) Establish a program to authorize the use of cannabis for
6 research purposes, and issue documents to permit a
7 researcher to obtain cannabis for research purposes.
8 (6) Establish and maintain public outreach programs about
9 the cannabis program, including:
10 (A) a dedicated telephone number for adult cannabis users,
11 patients, caregivers, and members of the public to obtain
12 basic information about the sale of medical and adult use
13 cannabis; and
14 (B) a publicly accessible website containing information
15 similar to that described in clause (A).
16 (7) Collaborate as necessary with other state agencies, and
17 contract with third parties as necessary to carry out the
18 cannabis program, including public education campaigns
19 regarding the dangers of impaired driving and inappropriate
20 consumption by youth.
21 (8) Develop record keeping requirements for all books and
22 papers, any electronic data base or tracking system data, and
23 other information of a cannabis organization. Information
24 shall be retained for at least four (4) years unless otherwise
25 provided by the ICC.
26 (9) Restrict the advertising and marketing of cannabis, which
27 must be consistent with the federal regulations governing
28 prescription drug advertising and marketing.
29 Sec. 3. (a) The ICC shall adopt rules under IC 4-22-2 to
30 implement this article.
31 (b) The ICC may adopt emergency rules in the manner provided
32 under IC 4-22-2-37.1 to implement this article. Emergency rules
33 adopted under this subsection expire on the later of:
34 (1) the date permanent rules are adopted to replace the
35 emergency rules; or
36 (2) July 1, 2024.
37 Sec. 4. (a) The ICC shall maintain a confidential list of patients
38 and caregivers to whom it has issued patient or caregiver
39 identification cards. Except as provided in subsection (b), all
40 information obtained by the ICC relating to patients, caregivers,
41 and other applicants is confidential.
42 (b) The following records are public:
2023 IN 377—LS 7159/DI 106 8
1 (1) An application for a permit submitted by a cannabis
2 organization.
3 (2) Information relating to penalties or other disciplinary
4 actions taken against a cannabis organization for violation of
5 this article.
6 Chapter 3. Use of Cannabis
7 Sec. 1. Notwithstanding any law to the contrary, the use,
8 possession, delivery, distribution, transport, cultivation, or
9 manufacture of:
10 (1) cannabis; or
11 (2) paraphernalia used in connection with cannabis;
12 is lawful if the use or possession complies with this article.
13 However, this article does not authorize a person to operate a
14 motor vehicle, a motorboat, or any other device or equipment
15 while under the influence of cannabis.
16 Sec. 2. The use of medical cannabis is subject to the following:
17 (1) Cannabis may be sold only to:
18 (A) a patient who receives a certification from a physician
19 and is in possession of a valid patient or caregiver
20 identification card issued by the ICC that authorizes sale
21 of cannabis to the patient;
22 (B) a caregiver who possesses a valid patient or caregiver
23 identification card issued by the ICC; or
24 (C) a research facility authorized by the ICC, under terms
25 and conditions established by the ICC.
26 (2) If a physician has ordered that cannabis be sold in a
27 specific form, cannabis may be sold only in that form.
28 (3) An individual may not act as a caregiver for more than ten
29 (10) patients.
30 (4) A patient may designate up to two (2) caregivers at any
31 one (1) time.
32 (5) Cannabis that has not been used by the patient shall be
33 kept in the original package in which it was sold.
34 (6) A patient or caregiver shall possess a patient or caregiver
35 identification card whenever the patient or caregiver is in
36 possession of cannabis.
37 Sec. 3. The use of adult use cannabis is subject to the following:
38 (1) Adult use cannabis may be sold only to an adult cannabis
39 user.
40 (2) In any thirty (30) day period, an adult cannabis user may
41 possess not more than one (1) ounce of cannabis.
42 (3) If cannabis is transported in a motor vehicle, it must be
2023 IN 377—LS 7159/DI 106 9
1 kept in a secured and sealed container.
2 (4) An adult cannabis user may not cultivate cannabis.
3 (5) To purchase adult use cannabis, the purchaser must
4 present a valid, government issued photo identification card
5 displaying the person's date of birth.
6 Sec. 4. A product packaged by a cannabis organization may be
7 identified only by:
8 (1) the name of the grower or processor;
9 (2) the name of the qualified retailer;
10 (3) the form and species of cannabis;
11 (4) the percentage of tetrahydrocannabinol and cannabinol
12 contained in the product;
13 (5) the harvest or manufacture date, as applicable; and
14 (6) any other labeling required by the ICC.
15 Sec. 5. (a) Except as expressly otherwise provided in this article,
16 the possession or use of cannabis is unlawful.
17 (b) In addition to any other penalty provided by law, the
18 unlawful possession or use of cannabis may be a crime under
19 IC 35-48-4.
20 Sec. 6. The following acts are unlawful:
21 (1) To grow cannabis unless the person:
22 (A) is a grower that has received a permit from the ICC;
23 (B) is a patient with a valid patient or caregiver
24 identification card who is authorized to cultivate cannabis
25 for personal use under this article; or
26 (C) is a research facility authorized by the ICC.
27 (2) To sell cannabis unless the qualified retailer has received
28 a permit from the ICC.
29 Chapter 4. Physicians
30 Sec. 1. (a) A physician who issues a certification to a patient
31 under this article may not have an ownership interest in a cannabis
32 organization.
33 (b) A physician may issue a certification to a patient only if the
34 physician:
35 (1) establishes and intends to maintain a bona fide
36 physician-patient relationship with the patient for the
37 provision of medical services that is established by an
38 in-person visit and for which there is an expectation that the
39 physician will provide care to the patient on an ongoing basis;
40 or
41 (2) establishes coordination with the patient's existing
42 primary physician for treatment of the patient's serious
2023 IN 377—LS 7159/DI 106 10
1 medical condition.
2 (c) A physician who violates this section may be subject to
3 professional discipline.
4 Sec. 2. A physician may issue a certification to use cannabis to
5 a patient if the following requirements are met:
6 (1) The physician has determined that the patient has a
7 serious medical condition and has included the serious
8 medical condition in the patient's health care record.
9 (2) The patient is under the physician's continuing care for the
10 serious medical condition, except as provided in section
11 1(b)(2) of this chapter.
12 (3) The physician has determined the patient is likely to
13 receive therapeutic or palliative benefit from the use of
14 cannabis.
15 Sec. 3. A physician issuing a certification under section 1(b)(2)
16 of this chapter may not issue a certification unless the physician
17 has contacted the patient's existing primary physician to discuss
18 the patient's serious medical condition and which form of cannabis
19 the patient is likely to benefit from.
20 Sec. 4. A certification must include the following information:
21 (1) The patient's name, date of birth, and address.
22 (2) The specific serious medical condition of the patient.
23 (3) A statement by the physician that the patient has a serious
24 medical condition and the patient is under continuing care for
25 the serious medical condition that is provided by:
26 (A) the physician; or
27 (B) the patient's existing primary physician (as described
28 under section 1(b)(2) of this chapter).
29 (4) The date of issuance.
30 (5) The name, address, telephone number, and signature of
31 the physician.
32 (6) Any requirement or limitation concerning the appropriate
33 form of cannabis, the maximum quantity of cannabis that the
34 patient may use, and any limitation on the duration of use, if
35 applicable.
36 Sec. 5. A physician shall do the following:
37 (1) Provide the certification to the patient.
38 (2) Provide a copy of the certification to the ICC, which shall
39 place the information in the patient directory within the ICC's
40 electronic data base. The certification may be transmitted to
41 the ICC electronically.
42 (3) File a copy of the certification in the patient's health care
2023 IN 377—LS 7159/DI 106 11
1 record.
2 Sec. 6. A physician may not issue a certification for the
3 physician's own use or for the use of a family or household member
4 of the physician.
5 Chapter 5. Certification Form
6 Sec. 1. The ICC shall develop a standard certification form,
7 which the ICC shall provide to a physician upon request. The form
8 must be available electronically. The form must include a
9 statement that a false statement made by a physician is punishable
10 under the penalties of perjury.
11 Chapter 6. Patients
12 Sec. 1. The ICC shall issue a patient or caregiver identification
13 card to a patient who has a valid certification and who otherwise
14 meets the requirements of this article.
15 Sec. 2. The ICC shall issue a patient or caregiver identification
16 card to a caregiver designated by the patient in accordance with
17 this article.
18 Sec. 3. Except as provided in section 4 of this chapter, a patient
19 or caregiver identification card issued to a patient authorizes the
20 patient to obtain and use cannabis as authorized by this article.
21 Except as provided in section 4 of this chapter, a patient or
22 caregiver identification card issued to a caregiver authorizes the
23 caregiver to obtain cannabis on behalf of the patient.
24 Sec. 4. (a) A patient holding a valid patient or caregiver
25 identification card may cultivate cannabis for the patient's own use
26 if the patient complies with the following requirements:
27 (1) The patient notifies the ICC on or before the date that the
28 patient begins cultivation and informs the ICC of the number
29 of plants the patient intends to cultivate and the location of
30 cultivation.
31 (2) The patient cultivates not more than six (6) plants.
32 (3) Not more than three (3) of the plants may be mature at
33 any one (1) time.
34 (4) Cannabis from the plant is used only for the patient's
35 personal use.
36 (5) Not later than thirty (30) days before the expected date
37 that the plants become mature, the patient notifies the ICC of
38 the anticipated maturity date.
39 (b) If the mature plants of a patient cultivating cannabis for the
40 patient's own use die, become damaged, or are otherwise unable to
41 produce cannabis for medical use, the patient shall notify the ICC,
42 which shall reinstate the person's authorization to obtain cannabis
2023 IN 377—LS 7159/DI 106 12
1 from a qualified retailer not later than fifteen (15) days after
2 receipt of the notice.
3 Chapter 7. Patient or Caregiver Identification Cards
4 Sec. 1. The ICC shall do the following:
5 (1) Review applications for patient or caregiver identification
6 cards.
7 (2) Review certifications submitted by physicians.
8 (3) Issue patient or caregiver identification cards to patients
9 and caregivers.
10 (4) Note in the electronic data base if a patient or caregiver
11 identification card may not be used to obtain cannabis from
12 a qualified retailer because the patient is cultivating the
13 patient's own cannabis.
14 Sec. 2. A patient or caregiver may apply, in a form and manner
15 prescribed by the ICC, for issuance or renewal of a patient or
16 caregiver identification card. A caregiver must submit a separate
17 application for issuance or renewal. Each application must include:
18 (1) the name, address, and date of birth of the patient;
19 (2) the name, address, and date of birth of a caregiver, if
20 applicable;
21 (3) a copy of the certification issued by the physician;
22 (4) the name, address, and telephone number of the physician;
23 (5) the signature of the applicant and the date signed; and
24 (6) any other information required by the ICC.
25 Sec. 3. The fee to apply for or to renew a patient or caregiver
26 identification card is fifty dollars ($50). The ICC may waive or
27 reduce the fee if the applicant demonstrates financial hardship.
28 Sec. 4. The ICC shall make application and renewal forms
29 available on the ICC's website.
30 Sec. 5. (a) The patient or caregiver identification card of a
31 patient or caregiver expires one (1) year after the date of issuance,
32 unless a physician has specified that a patient should use cannabis
33 for less than one (1) year.
34 (b) If a physician has specified that a patient's use of cannabis
35 should be limited to certain forms of cannabis, the types of
36 cannabis must be listed on the patient or caregiver identification
37 card.
38 Sec. 6. (a) The ICC shall issue separate patient or caregiver
39 identification cards for a patient and a caregiver as soon as
40 reasonably practicable after receiving a properly completed
41 application.
42 (b) If the ICC determines that an application is incomplete or
2023 IN 377—LS 7159/DI 106 13
1 factually inaccurate, the ICC shall promptly notify the applicant.
2 (c) If a patient application designates an individual as a
3 caregiver who is not authorized to be a caregiver, the ICC shall
4 deny that portion of the application, but may approve the balance
5 of the application.
6 Sec. 7. (a) A patient or caregiver who has been issued a patient
7 or caregiver identification card shall notify the ICC not later than
8 ten (10) days after any change of name or address.
9 (b) A patient shall notify the ICC within ten (10) days if a
10 physician has determined the patient no longer has the serious
11 medical condition noted on the certification.
12 Sec. 8. (a) If the patient or caregiver identification card of a
13 patient or caregiver is lost, stolen, destroyed, or made illegible, the
14 patient or caregiver shall apply to the ICC for a replacement card
15 not later than ten (10) days after discovery of the loss or
16 defacement. The application for a replacement card shall be on a
17 form furnished by the ICC and accompanied by a twenty-five
18 dollar ($25) fee. The ICC may establish higher fees for issuance of
19 second and subsequent replacement patient or caregiver
20 identification cards.
21 (b) The ICC may waive or reduce the fee in cases of
22 demonstrated financial hardship.
23 (c) The ICC shall issue a replacement patient or caregiver
24 identification card as soon as practicable.
25 (d) A patient or caregiver may not obtain cannabis from a
26 qualified retailer until the ICC issues the replacement card.
27 Sec. 9. The patient or caregiver identification card must contain
28 the following information:
29 (1) The name of the patient or caregiver, as applicable. The
30 patient or caregiver identification card must also state
31 whether the individual is designated as a patient or as a
32 caregiver.
33 (2) The date of issuance and expiration date.
34 (3) A unique identification number for the patient or
35 caregiver, as applicable.
36 (4) A photograph of the individual to whom the patient or
37 caregiver identification card is issued.
38 (5) Any requirement or limitation set by the physician as to
39 the form of cannabis.
40 (6) Any other requirements as determined by the ICC.
41 However, the ICC may not require that a patient or caregiver
42 identification card disclose the patient's serious medical
2023 IN 377—LS 7159/DI 106 14
1 condition.
2 The ICC shall establish guidelines specifying an acceptable
3 photograph under subdivision (4) and shall provide a reasonable
4 accommodation for a patient who is confined to the patient's home
5 or is in inpatient care.
6 Sec. 10. The ICC shall monthly transmit fees received under this
7 chapter to the auditor of state for deposit in the state general fund.
8 Chapter 8. Caregivers
9 Sec. 1. (a) A caregiver must be at least eighteen (18) years of
10 age.
11 (b) A caregiver may be less than twenty-one (21) years of age
12 only if the ICC determines that it is in the best interests of the
13 patient that a specific person less than twenty-one (21) years of age
14 serves as a caregiver.
15 Sec. 2. (a) A patient may terminate a person's designation as
16 caregiver at any time.
17 (b) The patient shall notify the ICC that the patient has
18 terminated the person's caregiver designation as soon as
19 reasonably practicable after the termination.
20 (c) Upon learning that a patient has terminated a person's
21 caregiver designation, the ICC shall cancel the caregiver's patient
22 or caregiver identification card and notify the caregiver to return
23 the physical copy of the card.
24 Sec. 3. If a patient designates a caregiver, the caregiver may
25 submit an application for a patient or caregiver identification card
26 as a caregiver. The caregiver application must include:
27 (1) the name, address, and date of birth of the caregiver;
28 (2) if the caregiver has a patient or caregiver identification
29 card for the caregiver (as a patient) or another patient (as a
30 caregiver), the expiration date of each patient or caregiver
31 identification card; and
32 (3) any other information required by the ICC.
33 The application must be signed and dated by the caregiver
34 applicant and verified under penalties of perjury.
35 Sec. 4. (a) Except as provided in subsection (c), before the
36 caregiver application is approved, the caregiver must authorize the
37 ICC to perform a national criminal history background check of
38 the caregiver.
39 (b) The caregiver is responsible for the fee for the national
40 criminal history background check.
41 (c) The ICC may conduct only one (1) national criminal history
42 background check of the caregiver per year.
2023 IN 377—LS 7159/DI 106 15
1 Sec. 5. The caregiver shall pay an application fee of fifty dollars
2 ($50). The ICC may waive or reduce the fee in cases of
3 demonstrated financial hardship.
4 Sec. 6. After receiving the caregiver application, the fee, and the
5 results of the national criminal history background check, the ICC
6 shall:
7 (1) verify the information contained in the application; and
8 (2) review INSPECT with respect to the applicant.
9 Sec. 7. The ICC shall monthly transmit fees received under this
10 chapter to the auditor of state for deposit in the state general fund.
11 Chapter 9. Minor Patients
12 Sec. 1. If a patient is less than eighteen (18) years of age, the
13 following apply:
14 (1) The patient must have a caregiver.
15 (2) The caregiver must be:
16 (A) the patient's parent or legal guardian;
17 (B) an individual designated by a parent or legal guardian;
18 or
19 (C) an appropriate individual approved by the ICC on a
20 sufficient showing that no parent or legal guardian is
21 appropriate or available.
22 Chapter 10. Suspension
23 Sec. 1. If a patient or caregiver knowingly, intentionally, or
24 recklessly:
25 (1) violates any provision of this article; or
26 (2) transfers or sells cannabis to a person not qualified as a
27 patient under this article;
28 the ICC may suspend or revoke the patient's or caregiver's patient
29 or caregiver identification card. The suspension or revocation is in
30 addition to any criminal or other penalty.
31 Chapter 11. General Prohibitions
32 Sec. 1. A person may not operate a motor vehicle, including a
33 motorboat, while under the influence of cannabis.
34 Sec. 2. A person may not perform any employment duties in
35 exposed high places or in confined spaces while under the influence
36 of cannabis.
37 Sec. 3. A person's employer may prohibit an employee from
38 performing any task while under the influence of cannabis. The
39 prohibition is not an adverse employment decision or unlawful
40 discrimination even if the prohibition results in financial harm for
41 the employee.
42 Chapter 12. Cannabis Organizations
2023 IN 377—LS 7159/DI 106 16
1 Sec. 1. The following entities may receive a permit to operate as
2 a cannabis organization to grow, process, or sell cannabis:
3 (1) A grower.
4 (2) A processor.
5 (3) A qualified retailer.
6 Sec. 2. (a) The ICC shall develop an application for a:
7 (1) grower permit allowing the grower to grow cannabis;
8 (2) qualified retailer permit allowing a qualified retailer to sell
9 cannabis;
10 (3) processor permit allowing a processor to process cannabis;
11 and
12 (4) testing laboratory permit allowing a testing laboratory to
13 test cannabis.
14 (b) The following information must be included on the permit
15 application:
16 (1) The name, address, telephone number, and other contact
17 information for every person having an ownership interest in
18 the cannabis organization.
19 (2) Information relating to a similar permit, license, or other
20 authorization granted in another jurisdiction, including any
21 suspensions, revocations, or discipline in that jurisdiction.
22 (3) A release authorizing the ICC to conduct a background
23 check of the persons having an ownership interest in the
24 cannabis organization.
25 (4) A statement as to whether the applicant intends to operate
26 as a grower, a processor, or a qualified retailer, and a concise
27 description of the business activities in which the cannabis
28 organization intends to engage.
29 (5) The address or other location where the cannabis
30 organization intends to operate.
31 (6) A statement that no person having an ownership interest
32 in the cannabis organization has a felony conviction related to
33 the production, possession, or sale of marijuana that has not
34 been expunged and that was entered within the three (3) years
35 prior to submission of the permit application.
36 (7) Any other information required by the ICC.
37 (c) A permit application described in this section shall be
38 verified and completed subject to the penalties of perjury.
39 (d) An applicant shall submit the appropriate application and
40 permit fees at the time the applicant submits the application.
41 Chapter 13. Cannabis Organization Permits
42 Sec. 1. Subject to the limits and conditions described in section
2023 IN 377—LS 7159/DI 106 17
1 10 of this chapter, the ICC may grant a cannabis organization
2 permit if the ICC makes the following findings:
3 (1) The applicant will maintain effective control of cannabis
4 in the custody of the applicant.
5 (2) The applicant will comply with all state statutes, all rules
6 adopted by the ICC, and any ordinances adopted by a
7 governmental unit.
8 (3) The applicant has the ability to properly carry out the
9 activity for which the permit is sought.
10 (4) The applicant has sufficient financial means to acquire all
11 property, equipment, and permits required to properly grow,
12 process, or sell cannabis.
13 (5) The applicant is able to implement and maintain
14 appropriate security, tracking, record keeping, and
15 surveillance systems relating to the acquisition, possession,
16 growth, manufacture, delivery, transportation, distribution,
17 or sale of cannabis.
18 (6) The applicant satisfies any other conditions required
19 under rules adopted by the ICC.
20 (7) Granting a permit to the applicant serves the public
21 interest.
22 Sec. 2. If the ICC finds that information included in the
23 application is insufficient for the ICC to grant a permit to the
24 cannabis organization, the ICC may request that the applicant
25 submit additional documentation relating to one (1) or more items
26 listed in section 1 of this chapter.
27 Sec. 3. (a) Except as provided under subsection (b), a permit
28 granted under this chapter is nontransferable.
29 (b) A permit holder may transfer a permit to a person
30 authorized to hold a permit in accordance with rules adopted by
31 the ICC if:
32 (1) the permit holder has held the permit for at least
33 twenty-four (24) months; or
34 (2) the transfer is necessary due to the death or disability of
35 the permit holder or a similar severe hardship. For purposes
36 of this subdivision, financial hardship is not a severe hardship.
37 Sec. 4. A permit granted under this application is valid for one
38 (1) year after the date of issuance.
39 Sec. 5. (a) A permit may be renewed for one (1) or more
40 additional one (1) year periods.
41 (b) The ICC shall establish deadlines for filing a renewal
42 application that provide the ICC with sufficient time to review the
2023 IN 377—LS 7159/DI 106 18
1 application without causing an interruption in the cannabis
2 organization's activities.
3 (c) The same standards that apply for granting an initial
4 application apply to an application for renewal. In determining
5 whether the renewal of a permit serves the public interest, the ICC
6 shall consider the manner in which the renewal applicant has
7 operated the cannabis organization and complied with all relevant
8 laws.
9 Sec. 6. A permit issued by the ICC to a cannabis organization
10 must include the following information:
11 (1) The name and address of the cannabis organization.
12 (2) The type of permit.
13 (3) The activities that are permitted under the permit.
14 (4) A description of the property and facilities authorized to
15 be used by the cannabis organization.
16 (5) Any other information required by the ICC.
17 Sec. 7. The ICC may suspend or revoke all or part of a permit
18 granted under this chapter if, following a hearing, the ICC finds
19 any of the following:
20 (1) That one (1) or more of the determinations made under
21 section 1 of this chapter are no longer valid.
22 (2) That the cannabis organization knowingly or intentionally
23 sold or distributed cannabis to a person not permitted to
24 receive cannabis under this article.
25 (3) That the cannabis organization has failed to maintain
26 effective control against diversion of cannabis.
27 (4) That the cannabis organization has violated a provision of
28 this article or a rule adopted by the ICC.
29 (5) That the cannabis organization has failed to comply with
30 another law regulating controlled substances.
31 Sec. 8. (a) An applicant for a cannabis organization permit has
32 a continuing duty to notify the ICC of any material change in facts
33 or circumstances relating to the applicant's application, including
34 a change in ownership.
35 (b) An applicant's duty to notify the ICC begins on the date the
36 applicant submits the application and continues for as long as the
37 applicant holds a permit.
38 Sec. 9. The ICC may, upon request of a permit holder, amend an
39 existing permit to authorize a permit holder to:
40 (1) move the permit holder's operations from one (1) location
41 to another; or
42 (2) perform additional activities, or cease the performance of
2023 IN 377—LS 7159/DI 106 19
1 certain activities now performed, at the permit holder's
2 facility;
3 if the ICC finds that the amendment is reasonable under the
4 circumstances.
5 Sec. 10. (a) The ICC shall initially issue:
6 (1) ten (10) processor permits; and
7 (2) one hundred (100) grower permits.
8 (b) The ICC shall ensure that, to the extent practicable:
9 (1) at least one (1) processor permit is issued for a facility
10 located in each geographical region described in
11 IC 10-11-2-5(d);
12 (2) at least three (3) grower permits are issued for cultivation
13 in each geographical region described in IC 10-11-2-5(d); and
14 (3) the persons receiving a permit reflect the diversity and
15 makeup of Indiana.
16 (c) The ICC may issue additional licenses in order to meet the
17 demand for cannabis in Indiana and to ensure a competitive
18 market. The ICC shall annually complete a market analysis to
19 determine whether additional licenses are needed to continue the
20 capture of market share from illicit sources. The ICC shall hold
21 public hearings as part of the market analysis to hear from
22 consumers, market stakeholders, and potential new applicants.
23 Chapter 14. General Duties of a Permit Holder
24 Sec. 1. The holder of a cannabis organization permit must do the
25 following:
26 (1) Report the loss, theft, or unexplained disappearance of
27 cannabis to a law enforcement agency not later than
28 twenty-four (24) hours after the loss, theft, or disappearance
29 is discovered.
30 (2) Permit announced or unannounced inspections by the ICC
31 of all cannabis organization facilities and records.
32 Chapter 15. Application and Permit Fees
33 Sec. 1. The following fees apply to a grower:
34 (1) A nonrefundable grower permit application fee of five
35 hundred dollars ($500).
36 (2) A refundable grower permit fee of two thousand five
37 hundred dollars ($2,500).
38 (3) A refundable grower permit renewal fee of one thousand
39 dollars ($1,000).
40 (4) A nonrefundable permit amendment fee of two hundred
41 fifty dollars ($250).
42 Sec. 2. The following fees apply to a processor:
2023 IN 377—LS 7159/DI 106 20
1 (1) A nonrefundable processor permit application fee of two
2 thousand five hundred dollars ($2,500).
3 (2) A refundable processor permit fee of ten thousand dollars
4 ($10,000).
5 (3) A refundable processor permit renewal fee of five
6 thousand dollars ($5,000).
7 (4) A nonrefundable permit amendment fee of two hundred
8 fifty dollars ($250).
9 Sec. 3. The following fees apply to a qualified retailer:
10 (1) A nonrefundable qualified retailer permit application fee
11 of two hundred dollars ($200).
12 (2) A refundable qualified retailer permit fee of one thousand
13 dollars ($1,000) for each qualified retailer location.
14 (3) A refundable qualified retailer permit renewal fee of seven
15 hundred fifty dollars ($750) for each qualified retailer
16 location.
17 (4) A nonrefundable permit amendment fee of two hundred
18 fifty dollars ($250).
19 Sec. 4. The following fees apply to a testing laboratory:
20 (1) A nonrefundable testing laboratory permit application fee
21 of one thousand dollars ($1,000).
22 (2) A refundable testing laboratory permit fee of two
23 thousand five hundred dollars ($2,500) for each testing
24 laboratory location.
25 (3) A refundable testing laboratory permit renewal fee of two
26 thousand dollars ($2,000) for each testing laboratory location.
27 (4) A nonrefundable permit amendment fee of two hundred
28 fifty dollars ($250).
29 Sec. 5. An applicant must submit the application fee and permit
30 fee at the time the applicant submits the application.
31 Sec. 6. (a) The ICC shall retain the application fee even if the
32 application is not approved.
33 (b) The ICC shall refund the permit fee and renewal fee if the
34 permit or renewal is not approved. However, the permit fee and
35 renewal fee are not refundable if the permit is initially granted but
36 later suspended or revoked.
37 (c) The ICC shall retain the amendment fee even if the
38 application for amendment is not approved.
39 Sec. 7. The ICC shall transfer all fees to the auditor of state for
40 deposit in the state general fund.
41 Chapter 16. Tracking and Record Keeping
42 Sec. 1. (a) A cannabis organization must implement an
2023 IN 377—LS 7159/DI 106 21
1 electronic inventory tracking system, which must be directly
2 accessible to the ICC through an electronic data base that is
3 updated at least one (1) time each day.
4 (b) The electronic inventory tracking system must include the
5 following:
6 (1) For a grower, a seed to sale tracking system that tracks the
7 cannabis from seed to plant until the cannabis is sold or
8 transferred to its final destination.
9 (2) For a processor, a system that tracks cannabis from its
10 purchase from a grower to its transfer to a qualified retailer,
11 testing laboratory, or research facility as authorized by this
12 article.
13 (3) For a qualified retailer, a system that tracks cannabis from
14 its purchase from a grower or processor to its sale to an adult
15 cannabis user, patient, or caregiver, or its transfer to a testing
16 laboratory, research facility, grower, or processor as
17 authorized by this article.
18 (4) For a qualified retailer, a system to verify that a patient or
19 caregiver identification card presented by a patient or
20 caregiver purchasing cannabis:
21 (A) is valid; and
22 (B) authorizes the patient or caregiver to receive cannabis
23 from a qualified retailer.
24 (5) For a qualified retailer, a system to record and transmit
25 the identification of an adult cannabis user and the quantity
26 and type of cannabis purchased to ensure that the adult
27 cannabis user complies with possession limits.
28 (6) For a cannabis organization, a:
29 (A) daily log of each day's beginning inventory,
30 acquisitions, amounts purchased and sold, disbursements,
31 disposals, and ending inventory, including prices paid and
32 amounts collected from adult cannabis users, patients, and
33 caregivers;
34 (B) system to recall defective cannabis; and
35 (C) system to track the waste resulting from the growth of
36 cannabis, including the name and address of a disposal
37 service.
38 Sec. 2. A cannabis organization must implement a plan for:
39 (1) security and surveillance; and
40 (2) record keeping and record retention.
41 Sec. 3. The ICC:
42 (1) shall require a cannabis organization to make an annual
2023 IN 377—LS 7159/DI 106 22
1 report to the ICC; and
2 (2) may require a cannabis organization to make a quarterly
3 report to the ICC.
4 The ICC shall determine the form and contents of the report and
5 may make all or part of the report available to the public.
6 Chapter 17. Grower Operations
7 Sec. 1. A person holding a grower permit may do all the
8 following in accordance with rules adopted by the ICC:
9 (1) Obtain seed and plant material from another grower.
10 (2) Sell and transport seed and plant material to another
11 grower or processor.
12 (3) Sell and transport cannabis to a processor, qualified
13 retailer, testing laboratory, or research facility authorized by
14 the ICC.
15 The ICC may authorize a person holding a grower permit to sell
16 and transport seed, plant material, and cannabis to a grower,
17 processor, qualified retailer, testing laboratory, or research facility
18 in another state.
19 Sec. 2. The ICC shall determine the manner in which cannabis
20 may be grown, harvested, and stored at the cultivation or
21 harvesting facility.
22 Sec. 3. The ICC shall determine the manner in which
23 transportation of cannabis shall be conducted between or among
24 growers, processors, qualified retailers, testing laboratories, or
25 research facilities. Rules adopted by the ICC must include the
26 following:
27 (1) Requirements relating to shipping containers and
28 packaging.
29 (2) The manner in which trucks, vans, trailers, or other
30 carriers will be secured.
31 (3) Obtaining copies of driver's licenses and registrations and
32 other information related to security and tracking.
33 (4) The use of a GPS tracking system.
34 (5) Record keeping requirements for delivery and receipt of
35 cannabis products.
36 Sec. 4. A grower shall contract with an independent testing
37 laboratory to test the cannabis produced by the grower. The ICC
38 shall approve the testing laboratory and require that the testing
39 laboratory report testing results in the manner determined by the
40 ICC. If a grower learns that the grower's sample has failed
41 required testing, the grower must take steps to remediate the
42 harvest to allowable levels under IC 7.1-8-20-3, or immediately
2023 IN 377—LS 7159/DI 106 23
1 dispose of the harvest.
2 Chapter 18. Processor Operations
3 Sec. 1. A person holding a processor permit may do all the
4 following in accordance with rules adopted by the ICC:
5 (1) Obtain cannabis from a grower.
6 (2) Sell and transport processed cannabis to another grower
7 or processor.
8 (3) Sell and transport cannabis to a processor, qualified
9 retailer, testing laboratory, or research facility authorized by
10 the ICC.
11 The ICC shall authorize a person holding a processor permit to sell
12 and transport processed cannabis to a grower, processor, qualified
13 retailer, testing laboratory, or research facility in another state if
14 the person meets the requirements established by the ICC.
15 Sec. 2. The ICC shall determine the manner in which cannabis
16 may be processed or stored at the processor facility.
17 Sec. 3. The ICC shall determine the manner in which
18 transportation of cannabis shall be conducted between or among
19 cannabis organizations and research facilities. Rules adopted by
20 the ICC must include the following:
21 (1) Requirements relating to shipping containers and
22 packaging.
23 (2) The manner in which trucks, vans, trailers, or other
24 carriers will be secured.
25 (3) Obtaining copies of driver's licenses and registrations and
26 other information related to security and tracking.
27 (4) The use of a GPS tracking system.
28 (5) Record keeping requirements for delivery and receipt of
29 cannabis products.
30 Sec. 4. A processor shall develop a plan to ensure that cannabis
31 products are properly labeled, are not packaged in a manner that
32 is appealing to children, and are placed in child resistant
33 packaging.
34 Sec. 5. A processor shall include on its labeling of cannabis
35 products the following:
36 (1) The number of doses contained within the package, the
37 species, and the percentage of tetrahydrocannabinol and
38 cannabinol.
39 (2) A warning that the cannabis must be kept in the original
40 container in which it was sold.
41 (3) A warning that unauthorized use is unlawful and will
42 subject the person to criminal penalties.
2023 IN 377—LS 7159/DI 106 24
1 (4) A list of ingredients.
2 (5) The manufacture or harvest date.
3 (6) Any other information required by the ICC.
4 Sec. 6. A processor shall contract with an independent testing
5 laboratory to test the cannabis product produced by the processor.
6 The testing laboratory must be approved by the ICC, and the ICC
7 shall require that the testing laboratory report testing results in the
8 manner determined by the ICC. If a processor learns that a sample
9 submitted by the processor has failed required testing, the
10 processor must take steps to remediate the product to allowable
11 levels under IC 7.1-8-20-3, or immediately dispose of the batch.
12 Chapter 19. Qualified Retailer Operations
13 Sec. 1. (a) A qualified retailer holding a valid permit under this
14 article may sell cannabis to a patient or caregiver upon
15 presentation of a valid patient or caregiver identification card for
16 that patient or caregiver and electronic verification that the patient
17 or caregiver identification card is valid and authorizes the patient
18 or caregiver to receive cannabis from a qualified retailer.
19 (b) A qualified retailer holding a valid permit under this article
20 may sell cannabis to an adult cannabis user upon presentation of
21 a valid government issued photo identification card containing the
22 person's date of birth, and electronic verification that:
23 (1) the sale will not permit the adult cannabis user to exceed
24 the limit described in section 3 of this chapter; and
25 (2) that the adult cannabis user does not possess a valid,
26 unexpired certification.
27 Sec. 2. The qualified retailer shall provide to the purchaser a
28 receipt including all of the following:
29 (1) The name and address of the qualified retailer.
30 (2) The name and address of the purchaser.
31 (3) The date the cannabis was sold.
32 (4) For medical cannabis, any requirement or limitation by
33 the physician as to the form of cannabis for the patient.
34 (5) The form and the quantity of cannabis sold.
35 Sec. 3. A qualified retailer may not sell to a patient (or caregiver
36 on behalf of a specific patient):
37 (1) in any thirty (30) day period:
38 (A) more cannabis than the maximum amount authorized
39 by the certification; or
40 (B) ten (10) ounces of cannabis;
41 whichever is less;
42 (2) subject to subdivision (1), more than two and one-half (2.5)
2023 IN 377—LS 7159/DI 106 25
1 ounces of cannabis per day, of which not more than fifteen
2 (15) grams may be cannabis concentrate;
3 (3) a form of cannabis that is not authorized on the
4 certification; or
5 (4) cannabis, if the patient is cultivating mature cannabis
6 plants for the patient's own use.
7 Sec. 4. The cannabis packaging must include the following
8 information:
9 (1) The number of doses contained within the package, the
10 species, and the percentage of tetrahydrocannabinol and
11 cannabinol.
12 (2) A warning that the cannabis must be kept in the original
13 container in which it was sold.
14 (3) A warning that unauthorized use is unlawful and will
15 subject the person to criminal penalties.
16 (4) Any other information required by the ICC.
17 Sec. 5. A qualified retailer:
18 (1) may sell cannabis only in an indoor, enclosed, secure
19 facility located in Indiana;
20 (2) may sell medical devices and instruments that are needed
21 to administer cannabis; and
22 (3) may sell services approved by the ICC related to the use of
23 cannabis.
24 Sec. 6. A qualified retailer shall post a copy of its permit in a
25 location within its facility in a manner that is easily observable by
26 the public.
27 Sec. 7. A qualified retailer shall establish a plan to:
28 (1) prevent diversion of cannabis and cannabis products; and
29 (2) ensure a patient is not sold more cannabis than is
30 permitted under this article.
31 Chapter 20. Testing Laboratory Operations
32 Sec. 1. A testing laboratory may test cannabis from a cannabis
33 organization in accordance with rules adopted by the ICC if:
34 (1) it holds a valid permit issued under this article; or
35 (2) it is already accredited as a testing laboratory to
36 International Organization for Standardization (ISO) 17025
37 by a third party accrediting body such as the American
38 Association for Laboratory Accreditation (A2LA) or Assured
39 Calibration and Laboratory Accreditation Select Services
40 (ACLASS).
41 Sec. 2. A testing laboratory shall maintain policies and
42 procedures for the secure and proper analytical testing of
2023 IN 377—LS 7159/DI 106 26
1 cannabis, which must include:
2 (1) laboratory analysis techniques, including specific
3 instrumentation and protocols necessary to perform the tests
4 required by the ICC;
5 (2) the implementation of standards and methods for
6 conducting analysis of forms of cannabis in accordance with
7 the requirements of ISO/IEC 17025 "General Requirements
8 for the Competence of Testing and Calibration
9 Laboratories"; and
10 (3) methods of testing to detect:
11 (A) potency levels of tetrahydrocannabinol and
12 cannabinol;
13 (B) microbials;
14 (C) mycotoxins;
15 (D) pesticides;
16 (E) residual solvents; and
17 (F) any other matter as required by the ICC.
18 Sec. 3. The ICC shall establish the allowable level of microbials,
19 mycotoxins, pesticides, residual solvents, and other matter
20 determined by the ICC. If a sample received from a grower or
21 processor exceeds allowable levels, the testing laboratory must
22 immediately notify the grower or processor from whom the testing
23 laboratory received the sample.
24 Sec. 4. A person holding an ownership interest in a qualified
25 retailer, grower, or processor permit may not have an ownership
26 interest in a testing laboratory permit.
27 Chapter 21. Transportation
28 Sec. 1. A transporter may transport cannabis or paraphernalia
29 from a:
30 (1) grower or processor to a qualified retailer;
31 (2) grower or processor to a testing laboratory or research
32 facility authorized by the ICC;
33 (3) qualified retailer to a grower or processor;
34 (4) qualified retailer to a testing laboratory or research
35 facility authorized by the ICC;
36 (5) cannabis organization to another cannabis organization;
37 or
38 (6) cannabis organization to another person if authorized to
39 do so by the ICC;
40 if the transporter complies with this chapter.
41 Sec. 2. No employee of a transporter under this chapter who is
42 directly involved in the transport of cannabis or paraphernalia
2023 IN 377—LS 7159/DI 106 27
1 may have a felony conviction related to the production, possession,
2 or sale of marijuana that was entered within the previous three (3)
3 years and that has not been expunged.
4 Sec. 3. Cannabis or paraphernalia transported under this
5 chapter must be:
6 (1) packed in a tamper resistant and tamper evident package;
7 (2) clearly marked as to quantity and contents; and
8 (3) securely stored in the vehicle used for transport.
9 Sec. 4. The transporter shall proceed as directly and
10 expeditiously as practicable from the shipping location to the
11 receiving location.
12 Sec. 5. The person who ships the cannabis or paraphernalia
13 shall provide the transporter with a shipping manifest clearly
14 stating the:
15 (1) exact quantity of cannabis or paraphernalia that is being
16 transported;
17 (2) address of the shipping location;
18 (3) address of the receiving location;
19 (4) identification of the person transporting the material; and
20 (5) time the person transporting the material left the shipping
21 location.
22 Sec. 6. The transporter shall keep the shipping manifest in the
23 transporter's possession at all times.
24 Sec. 7. The ICC may adopt rules to regulate the transport of
25 cannabis or paraphernalia. The ICC may authorize a transporter
26 to transport cannabis or paraphernalia out of state.
27 Chapter 22. Reports
28 Sec. 1. The ICC shall, not later than December 31 of each year,
29 submit a report concerning the cannabis program to the legislative
30 council, the governor, and the chief justice of the supreme court.
31 The report to the legislative council must be in an electronic format
32 under IC 5-14-6.
33 Chapter 23. Civil Penalties
34 Sec. 1. The ICC may assess a penalty of not more than twenty
35 thousand dollars ($20,000) for each violation of this article or a
36 rule adopted under this article. In addition, the ICC may impose
37 an additional penalty of not more than two thousand five hundred
38 dollars ($2,500) for each day of a continuing violation.
39 Sec. 2. (a) In determining the amount of a civil penalty imposed
40 under this chapter, the ICC shall consider the following:
41 (1) The seriousness of the violation.
42 (2) The potential harm resulting from the violation to adult
2023 IN 377—LS 7159/DI 106 28
1 cannabis users, patients, caregivers, or the general public.
2 (3) The willfulness of the violation.
3 (4) Any previous violations.
4 (5) The economic benefit that accrued to the person who
5 committed the violation.
6 (b) If the ICC finds that the:
7 (1) violation did not threaten the safety or health of an adult
8 cannabis user, a patient, a caregiver, or the general public;
9 and
10 (2) violator took immediate action to remedy the violation
11 upon learning of it;
12 the ICC may issue a written warning instead of assessing a civil
13 penalty.
14 Sec. 3. In addition to the civil penalty described in this chapter
15 and any other penalty authorized by law, the ICC may revoke or
16 suspend a person's permit or patient or caregiver identification
17 card.
18 Chapter 24. Research
19 Sec. 1. (a) The ICC may provide assistance to universities,
20 research facilities, pharmaceutical companies, state agencies, and
21 similar entities that wish to conduct research concerning cannabis.
22 (b) The ICC may conduct research concerning cannabis.
23 Sec. 2. The ICC may authorize persons conducting research on
24 cannabis to obtain, possess, transport, and use cannabis for
25 research purposes, under terms and conditions established by the
26 ICC. The ICC shall issue appropriate documentation to allow
27 persons to obtain cannabis for research purposes.
28 Chapter 25. Employment
29 Sec. 1. The following definitions apply throughout this chapter:
30 (1) "On call" means that an employee is scheduled with at
31 least twenty-four (24) hours notice by the employee's
32 employer to be on standby or otherwise responsible for
33 performing tasks related to the employee's employment either
34 at the employer's premises or other previously designated
35 location by the employee's employer or supervisor to perform
36 a work related task.
37 (2) "Workplace" means the employer's premises, including
38 any building, real property, and parking area under the
39 control of the employer or area used by an employee while in
40 performance of the employee's job duties, and vehicles,
41 whether leased, rented, or owned. The term includes another
42 location as defined by the employer's written employment
2023 IN 377—LS 7159/DI 106 29
1 policy, to the extent that the policy is generally consistent with
2 this subdivision.
3 Sec. 2. This article does not:
4 (1) prohibit an employer from adopting reasonable zero
5 tolerance or drug free workplace policies, or employment
6 policies concerning drug testing, smoking, consumption,
7 storage, or use of cannabis in the workplace or while on call
8 provided that the policy is applied in a nondiscriminatory
9 manner;
10 (2) require an employer to permit an employee to be under
11 the influence of or use cannabis in the employer's workplace
12 or while performing the employee's job duties or while on
13 call; or
14 (3) limit or prevent an employer from disciplining an
15 employee or terminating employment of an employee for
16 violating an employer's employment policies or workplace
17 drug policy.
18 Sec. 3. For purposes of section 2 of this chapter, an employer
19 may consider an employee to be impaired or under the influence of
20 cannabis if the employer has a good faith belief that an employee
21 manifests specific, articulable symptoms while working that
22 decrease or lessen the employee's performance of the duties or
23 tasks of the employee's job position, including symptoms of the
24 employee's speech, physical dexterity, agility, coordination,
25 demeanor, irrational or unusual behavior, or negligence or
26 carelessness in operating equipment or machinery; disregard for
27 the safety of the employee or others, or involvement in any accident
28 that results in serious damage to equipment or property;
29 disruption of a production or manufacturing process; or
30 carelessness that results in any injury to the employee or others. If
31 an employer elects to discipline an employee on the basis that the
32 employee is under the influence of or impaired by cannabis, the
33 employer must afford the employee a reasonable opportunity to
34 contest the basis of the determination.
35 Sec. 4. This article does not create or imply a cause of action for
36 any person against an employer for:
37 (1) actions, including subjecting an employee or applicant to
38 reasonable drug and alcohol testing under the employer's
39 workplace drug policy, including an employee's refusal to be
40 tested or to cooperate in testing procedures or disciplining or
41 termination of employment, based on the employer's good
42 faith belief that an employee used or possessed cannabis in the
2023 IN 377—LS 7159/DI 106 30
1 employer's workplace or while performing the employee's job
2 duties or while on call in violation of the employer's
3 employment policies;
4 (2) actions, including discipline or termination of employment,
5 based on the employer's good faith belief that an employee
6 was impaired as a result of the use of cannabis, or under the
7 influence of cannabis, while at the employer's workplace or
8 while performing the employee's job duties or while on call in
9 violation of the employer's workplace drug policy; or
10 (3) injury, loss, or liability to a third party if the employer
11 neither knew nor had reason to know that the employee was
12 impaired.
13 Sec. 5. This article does not enhance or diminish protections
14 afforded by any other law.
15 Sec. 6. This article does not interfere with any federal, state, or
16 local restrictions on employment including the United States
17 Department of Transportation regulation 49 CFR 40.151(e) or
18 impact an employer's ability to comply with federal or state law or
19 cause it to lose a federal or state contract or funding.
20 SECTION 6. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
21 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
22 2023]:
23 ARTICLE 9. INDIANA CANNABIS COMMISSION
24 Chapter 1. Definitions
25 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
26 article.
27 Chapter 2. General Provisions
28 Sec. 1. The Indiana cannabis commission (ICC) is established as
29 an agency of the state for purposes of administering the cannabis
30 program.
31 Sec. 2. (a) The ICC consists of:
32 (1) the ICC committee;
33 (2) the executive director; and
34 (3) other employees necessary to carry out the duties of the
35 ICC.
36 (b) The ICC committee consists of three (3) commissioners, who
37 shall direct and oversee the operation of the ICC.
38 Sec. 3. (a) ICC commissioners shall be appointed by the
39 governor.
40 (b) A commissioner is eligible for reappointment.
41 (c) Not more than two (2) commissioners may belong to the
42 same political party.
2023 IN 377—LS 7159/DI 106 31
1 (d) A commissioner shall be appointed to a four (4) year term.
2 (e) A commissioner serves the commissioner's term at the
3 pleasure of the governor.
4 Sec. 4. To be eligible for appointment as a commissioner, an
5 individual must have the following qualifications:
6 (1) The individual may not be employed by the state in any
7 other capacity.
8 (2) The individual must have good moral character.
9 (3) The individual must have been a resident of Indiana for at
10 least ten (10) years immediately preceding the appointment.
11 Sec. 5. The governor shall appoint one (1) commissioner to serve
12 as chairperson of the ICC committee and one (1) commissioner to
13 serve as vice chairperson. The vice chairperson shall act as the
14 chairperson if the chairperson is unable to attend a meeting of the
15 ICC committee.
16 Sec. 6. A commissioner appointed to fill a vacancy in the
17 membership of the ICC committee shall serve only for the
18 unexpired part of the original, vacated term. In all other respects,
19 an appointment to fill a vacancy shall be made in the same manner
20 that an original appointment is made.
21 Sec. 7. As compensation for services, each commissioner is
22 entitled to the minimum salary per diem provided by
23 IC 4-10-11-2.1(b). A commissioner is also entitled to
24 reimbursement for traveling expenses as provided under
25 IC 4-13-1-4 and other expenses actually incurred in connection
26 with the commissioner's duties as provided in the state policies and
27 procedures established by the Indiana department of
28 administration and approved by the budget agency.
29 Sec. 8. Each commissioner shall execute:
30 (1) a surety bond in the amount of ten thousand dollars
31 ($10,000), with surety approved by the governor; and
32 (2) an oath of office.
33 The surety bond and the oath of office shall be filed in the office of
34 the secretary of state.
35 Sec. 9. The required surety bond executed and filed on behalf of
36 a commissioner shall be made payable to the state of Indiana and
37 conditioned upon the faithful discharge of the commissioner's
38 duties.
39 Sec. 10. The ICC committee shall hold meetings at the call of the
40 chairperson. The ICC committee may establish rules governing
41 meetings.
42 Sec. 11. (a) Two (2) ICC commissioners constitute a quorum for
2023 IN 377—LS 7159/DI 106 32
1 the transaction of business.
2 (b) Each commissioner has one (1) vote.
3 (c) Action of the ICC committee may be taken only upon the
4 affirmative votes of at least two (2) commissioners.
5 Sec. 12. An ICC commissioner may not solicit or accept a
6 political contribution from a qualified patient, a qualified primary
7 caregiver, or any individual or entity that has a permit or has
8 applied for a permit issued by the ICC. However, the right of a
9 commissioner to vote as the commissioner chooses and to express
10 the commissioner's opinions on political subjects and candidates
11 may not be impaired.
12 Chapter 3. Employees and Administration
13 Sec. 1. (a) The ICC committee shall appoint an executive
14 director to assist the ICC in the efficient administration of its
15 powers and duties.
16 (b) The ICC committee shall fix the salary of the executive
17 director, subject to the approval of the budget agency.
18 Sec. 2. The ICC has the power to employ all necessary
19 employees, determine their duties, and, subject to the approval of
20 the ICC committee and the budget agency, fix their salaries.
21 Chapter 4. Powers and Duties
22 Sec. 1. The chairperson is the presiding officer at the meetings
23 of the ICC committee. The chairperson, together with the executive
24 director, shall prepare, certify, and authenticate all proceedings,
25 minutes, records, rules, and regulations of the ICC committee. The
26 chairperson shall also perform all other duties as imposed on the
27 chairperson by this title.
28 Sec. 2. The ICC has the power to organize its work, to enforce
29 and administer this article and IC 7.1-8, and to enforce and
30 administer the rules adopted by the ICC.
31 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to prescribe
32 the forms for all applications, documents, permits, cannabis patient
33 or caregiver identification cards, and licenses used in the
34 administration of this article and IC 7.1-8.
35 Sec. 4. The ICC has the following powers:
36 (1) To hold hearings before the ICC or its representative.
37 (2) To take testimony and receive evidence.
38 (3) To conduct inquiries with or without a hearing.
39 (4) To receive reports of investigators or other governmental
40 officers and employees.
41 (5) To administer oaths.
42 (6) To subpoena witnesses and to compel them to appear and
2023 IN 377—LS 7159/DI 106 33
1 testify.
2 (7) To certify copies of records of the ICC or any other
3 document or record on file with the ICC.
4 (8) To fix the form, mode, manner, time, and number of times
5 for the posting or publication of any required notices if not
6 otherwise provided.
7 (9) To adopt rules under IC 4-22-2 to carry out this article
8 and IC 7.1-8.
9 Sec. 5. The ICC has the following duties:
10 (1) To establish the cannabis program described in IC 7.1-8
11 and to adopt all necessary rules to implement the program.
12 (2) To implement protocols for the application and issuance
13 of a cannabis patient or caregiver identification card,
14 including protocols to:
15 (A) prevent fraud;
16 (B) ensure the accuracy of information contained in the
17 application; and
18 (C) protect the privacy of an applicant.
19 (3) To advise the general assembly concerning the
20 establishment of a program for the:
21 (A) manufacture;
22 (B) cultivation;
23 (C) advertising;
24 (D) transportation; and
25 (E) sale;
26 of cannabis.
27 (4) To encourage research concerning cannabis.
28 Chapter 5. Research and Development
29 Sec. 1. To permit and encourage research concerning cannabis:
30 (1) an accredited institution of higher education with a
31 physical presence in Indiana; and
32 (2) a pharmaceutical or agricultural business having a
33 research facility in Indiana;
34 may apply to the ICC for a license to conduct research concerning
35 cannabis.
36 Sec. 2. An application under this chapter must include the
37 following:
38 (1) The nature of the research project.
39 (2) The names of the individuals who will conduct the
40 research project.
41 (3) The approximate quantity of cannabis that will be used in
42 the research project.
2023 IN 377—LS 7159/DI 106 34
1 (4) The security protocol to be implemented to ensure that
2 cannabis is not diverted for uses other than the research
3 project.
4 (5) Any other information required by the ICC.
5 Sec. 3. Upon receipt of a completed application, the ICC may
6 issue a research license to the accredited institution of higher
7 education or pharmaceutical or agricultural business. The research
8 license must specifically list the names of each individual
9 participating in the research project who will have custody or
10 control of cannabis for research purposes and the approximate
11 quantity of the cannabis that will be used in the research project.
12 Sec. 4. The ICC may charge a reasonable fee for issuance of a
13 research license.
14 SECTION 7. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2023]: Sec. 1. (a) A person who operates a vehicle with an
17 alcohol concentration equivalent to at least eight-hundredths (0.08)
18 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
19 per:
20 (1) one hundred (100) milliliters of the person's blood; or
21 (2) two hundred ten (210) liters of the person's breath;
22 commits a Class C misdemeanor.
23 (b) A person who operates a vehicle with an alcohol concentration
24 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
25 (1) one hundred (100) milliliters of the person's blood; or
26 (2) two hundred ten (210) liters of the person's breath;
27 commits a Class A misdemeanor.
28 (c) A person who operates a vehicle with a controlled substance
29 listed in schedule I or II of IC 35-48-2 or its metabolite, not including
30 THC, in the person's blood commits a Class C misdemeanor.
31 (d) It is a defense to subsection (c) that:
32 (1) the accused person consumed the controlled substance in
33 accordance with a valid prescription or order of a practitioner (as
34 defined in IC 35-48-1) who acted in the course of the
35 practitioner's professional practice; or
36 (2) the:
37 (A) controlled substance is marijuana or a metabolite of
38 marijuana;
39 (B) person was not intoxicated;
40 (C) person did not cause a traffic accident; and
41 (D) substance was identified by means of a chemical test taken
42 pursuant to IC 9-30-7.
2023 IN 377—LS 7159/DI 106 35
1 (e) A person who:
2 (1) operates a vehicle with at least five (5) nanograms per
3 milliliter of THC in the person's whole blood; and
4 (2) is impaired;
5 commits a Class C misdemeanor.
6 SECTION 8. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 4. (a) A person who causes serious bodily injury
9 to another person when operating a vehicle:
10 (1) with an alcohol concentration equivalent to at least
11 eight-hundredths (0.08) gram of alcohol per:
12 (A) one hundred (100) milliliters of the person's blood; or
13 (B) two hundred ten (210) liters of the person's breath;
14 (2) with a controlled substance listed in schedule I or II of
15 IC 35-48-2 or its metabolite, not including THC, in the person's
16 blood;
17 (3) with at least five (5) nanograms per milliliter of THC in
18 the person's whole blood; or
19 (3) (4) while intoxicated;
20 commits a Level 5 felony. However, the offense is a Level 4 felony if
21 the person has a previous conviction of operating while intoxicated
22 within the five (5) years preceding the commission of the offense.
23 (b) A person who violates subsection (a) commits a separate offense
24 for each person whose serious bodily injury is caused by the violation
25 of subsection (a).
26 (c) It is a defense under subsection (a)(2) that the accused person
27 consumed the controlled substance in accordance with a valid
28 prescription or order of a practitioner (as defined in IC 35-48-1) who
29 acted in the course of the practitioner's professional practice.
30 SECTION 9. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
31 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2023]: Sec. 5. (a) A person who causes the death or
33 catastrophic injury of another person when operating a vehicle:
34 (1) with an alcohol concentration equivalent to at least
35 eight-hundredths (0.08) gram of alcohol per:
36 (A) one hundred (100) milliliters of the person's blood; or
37 (B) two hundred ten (210) liters of the person's breath;
38 (2) with a controlled substance listed in schedule I or II of
39 IC 35-48-2 or its metabolite, not including THC, in the person's
40 blood;
41 (3) with at least five (5) nanograms per milliliter of THC in
42 the person's whole blood; or
2023 IN 377—LS 7159/DI 106 36
1 (3) (4) while intoxicated;
2 commits a Level 4 felony.
3 (b) A person who causes the death of a law enforcement animal (as
4 defined in IC 35-46-3-4.5) when operating a vehicle:
5 (1) with an alcohol concentration equivalent to at least
6 eight-hundredths (0.08) gram of alcohol per:
7 (A) one hundred (100) milliliters of the person's blood; or
8 (B) two hundred ten (210) liters of the person's breath; or
9 (2) with a controlled substance listed in schedule I or II of
10 IC 35-48-2 or its metabolite, not including THC, in the person's
11 blood; or
12 (3) with at least five (5) nanograms per milliliter of THC in
13 the person's whole blood;
14 commits a Level 6 felony.
15 (c) A person who commits an offense under subsection (a) or (b)
16 commits a separate offense for each person or law enforcement animal
17 whose death (or catastrophic injury, in the case of a person) is caused
18 by the violation of subsection (a) or (b).
19 (d) It is a defense under subsection (a) or (b) that the person accused
20 of causing the death or catastrophic injury of another person or the
21 death of a law enforcement animal when operating a vehicle with a
22 controlled substance listed in schedule I or II of IC 35-48-2 or its
23 metabolite in the person's blood consumed the controlled substance in
24 accordance with a valid prescription or order of a practitioner (as
25 defined in IC 35-48-1) who acted in the course of the practitioner's
26 professional practice.
27 SECTION 10. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2023]: Sec. 6. (a) A physician, a person trained in retrieving
30 contraband or obtaining bodily substance samples and acting under the
31 direction of or under a protocol prepared by a physician, or a licensed
32 health care professional acting within the professional's scope of
33 practice and under the direction of or under a protocol prepared by a
34 physician, who:
35 (1) obtains a blood, urine, or other bodily substance sample from
36 a person, regardless of whether the sample is taken for diagnostic
37 purposes or at the request of a law enforcement officer under this
38 section;
39 (2) performs a chemical test on blood, urine, or other bodily
40 substance obtained from a person; or
41 (3) searches for or retrieves contraband from the body cavity of an
42 individual;
2023 IN 377—LS 7159/DI 106 37
1 shall deliver the sample or contraband or disclose the results of the test
2 to a law enforcement officer who requests the sample, contraband, or
3 results as a part of a criminal investigation. Samples, contraband, and
4 test results shall be provided to a law enforcement officer even if the
5 person has not consented to or otherwise authorized their release.
6 (b) A physician, a licensed health care professional, a hospital, or an
7 agent of a physician or hospital is not civilly or criminally liable for any
8 of the following:
9 (1) Disclosing test results in accordance with this section.
10 (2) Delivering contraband, or a blood, urine, or other bodily
11 substance sample in accordance with this section.
12 (3) Searching for or retrieving contraband or obtaining a blood,
13 urine, or other bodily substance sample in accordance with this
14 section.
15 (4) Disclosing to the prosecuting attorney or the deputy
16 prosecuting attorney for use at or testifying at the criminal trial of
17 the person as to facts observed or opinions formed.
18 (5) Failing to treat a person from whom contraband is retrieved or
19 a blood, urine, or other bodily substance sample is obtained at the
20 request of a law enforcement officer if the person declines
21 treatment.
22 (6) Injury to a person arising from the performance of duties in
23 good faith under this section. However, immunity does not apply
24 if the physician, licensed health care professional, hospital, or
25 agent of a physician or hospital acts with gross negligence or
26 willful or wanton misconduct.
27 (c) For the purposes of a criminal proceeding:
28 (1) the privileges arising from a patient-physician relationship do
29 not apply to the contraband, samples, test results, or testimony
30 described in this section; and
31 (2) contraband, samples, test results, and testimony may be
32 admitted in a proceeding in accordance with the applicable rules
33 of evidence.
34 (d) The exceptions to the patient-physician relationship specified in
35 subsection (c) do not affect those relationships in a proceeding that is
36 not a criminal proceeding.
37 (e) The contraband, test results, and samples obtained by a law
38 enforcement officer under subsection (a) may be disclosed only to a
39 prosecuting attorney or a deputy prosecuting attorney for use as
40 evidence in a criminal proceeding.
41 (f) This section does not require a physician or a person under the
42 direction of a physician to perform a chemical test or to retrieve
2023 IN 377—LS 7159/DI 106 38
1 contraband.
2 (g) If the person:
3 (1) from whom the contraband is to be retrieved or the bodily
4 substance sample is to be obtained under this section does not
5 consent; and
6 (2) resists the retrieval of the contraband or the taking of a
7 sample;
8 the law enforcement officer may use reasonable force to assist an
9 individual, who must be authorized under this section to retrieve
10 contraband or obtain a sample, in the retrieval of the contraband or the
11 taking of the sample.
12 (h) The person authorized under this section to retrieve contraband
13 or obtain a bodily substance sample shall take the sample or retrieve
14 the contraband in a medically accepted manner.
15 (i) This subsection does not apply to contraband retrieved or a
16 bodily substance sample taken at a licensed hospital (as defined in
17 IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
18 may transport the person to a place where the contraband may be
19 retrieved or the sample may be obtained by any of the following
20 persons who are trained in retrieving contraband or obtaining bodily
21 substance samples and who have been engaged to retrieve contraband
22 or obtain samples under this section:
23 (1) A physician holding an unlimited license to practice medicine
24 or osteopathy.
25 (2) A registered nurse.
26 (3) A licensed practical nurse.
27 (4) An advanced emergency medical technician (as defined in
28 IC 16-18-2-6.5).
29 (5) A paramedic (as defined in IC 16-18-2-266).
30 (6) Except as provided in subsections (j) through (k), any other
31 person qualified through training, experience, or education to
32 retrieve contraband or obtain a bodily substance sample.
33 (j) A law enforcement officer may not retrieve contraband or obtain
34 a bodily substance sample under this section if the contraband is to be
35 retrieved or the sample is to be obtained from another law enforcement
36 officer as a result of the other law enforcement officer's involvement in
37 an accident or alleged crime.
38 (k) A law enforcement officer who is otherwise qualified to obtain
39 a bodily substance sample under this section may obtain a bodily
40 substance sample from a person involved in an accident or alleged
41 crime who is not a law enforcement officer only if:
42 (1) the officer obtained a bodily substance sample from an
2023 IN 377—LS 7159/DI 106 39
1 individual as part of the officer's official duties as a law
2 enforcement officer; and
3 (2) the:
4 (A) person consents to the officer obtaining a bodily substance
5 sample; or
6 (B) obtaining of the bodily substance sample is authorized by
7 a search warrant.
8 (l) A physician or a person trained in obtaining bodily samples who
9 is acting under the direction of or under a protocol prepared by a
10 physician shall obtain a blood sample if the following conditions are
11 satisfied:
12 (1) A law enforcement officer requests that the sample be
13 obtained.
14 (2) The law enforcement officer has certified in writing the
15 following:
16 (A) That the officer has probable cause to believe the person
17 from whom the sample is to be obtained has violated
18 IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2),
19 IC 35-46-9-6(c)(2), or IC 35-46-9-6(c). IC 35-46-9-6(d).
20 (B) That the offense resulting in a criminal investigation
21 described in subsection (a) occurred not more than three (3)
22 hours before the time the sample is requested.
23 (C) That exigent circumstances exist that create pressing
24 health, safety, or law enforcement needs that would take
25 priority over a warrant application.
26 (3) Not more than the use of reasonable force is necessary to
27 obtain the sample.
28 SECTION 11. IC 35-38-9-1.5 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) This section applies only
31 to a person convicted of one (1) or more of the following offenses
32 if the act constituting the offense is now permitted under
33 IC 7.1-8-3:
34 (1) IC 35-48-4-8.3 (possession of paraphernalia).
35 (2) IC 35-48-4-8.5 (dealing in paraphernalia).
36 (3) IC 35-48-4-10 (dealing in marijuana).
37 (4) IC 35-48-4-11 (possession of marijuana).
38 (b) A person to whom this section applies may petition a court
39 to expunge all conviction records, including records contained in:
40 (1) a court's files;
41 (2) the files of the department of correction;
42 (3) the files of the bureau of motor vehicles; and
2023 IN 377—LS 7159/DI 106 40
1 (4) the files of any other person who provided treatment or
2 services to the petitioning person under a court order;
3 that relate to the person's conviction, including records of a
4 collateral action.
5 (c) A petition for expungement of records must be verified and
6 filed in a circuit or superior court in the county of conviction. The
7 petition must set forth:
8 (1) the date of the conviction;
9 (2) the county of conviction;
10 (3) the court that entered the conviction;
11 (4) any other known identifying information, such as:
12 (A) the name of the arresting officer;
13 (B) the case number or court cause number;
14 (C) any aliases or other names used by the petitioner;
15 (D) the petitioner's driver's license number; and
16 (E) a list of each criminal charge and its disposition, if
17 applicable;
18 (5) the date of the petitioner's birth; and
19 (6) the petitioner's Social Security number.
20 A person who files a petition under this section is not required to
21 pay a filing fee.
22 (d) The court shall serve a copy of the petition on the
23 prosecuting attorney.
24 (e) Upon receipt of a petition for expungement, the court:
25 (1) may summarily deny the petition if the petition does not
26 meet the requirements of this section, or if the statements
27 contained in the petition indicate that the petitioner is not
28 entitled to relief; and
29 (2) shall grant the petition unless the conditions described in
30 subsection (a) have not been met.
31 (f) Whenever the petition of a person under this section is
32 granted:
33 (1) no information concerning the conviction (including
34 information from a collateral action that identifies the
35 petitioner) may be placed or retained in any state central
36 repository for criminal history information or in any other
37 alphabetically arranged criminal history information system
38 maintained by a local, regional, or statewide law enforcement
39 agency;
40 (2) the clerk of the supreme court shall seal or redact any
41 records in the clerk's possession that relate to the vacated
42 conviction;
2023 IN 377—LS 7159/DI 106 41
1 (3) the records of:
2 (A) the sentencing court;
3 (B) a court that conducted a collateral action;
4 (C) a court of appeals; and
5 (D) the supreme court;
6 concerning the person shall be redacted or permanently
7 sealed; and
8 (4) with respect to the records of a person who is named as an
9 appellant or an appellee in an opinion or memorandum
10 decision by the supreme court or the court of appeals, or who
11 is identified in a collateral action, the court shall:
12 (A) redact the opinion or memorandum decision as it
13 appears on the computer gateway administered by the
14 office of technology so that it does not include the
15 petitioner's name (in the same manner that opinions
16 involving juveniles are redacted); and
17 (B) provide a redacted copy of the opinion to any publisher
18 or organization to whom the opinion or memorandum
19 decision is provided after the date of the order of
20 expungement.
21 The supreme court and the court of appeals are not required to
22 redact, destroy, or otherwise dispose of any existing copy of an
23 opinion or memorandum decision that includes the petitioner's
24 name.
25 (g) If the court issues an order granting a petition for
26 expungement under this section, the order must include the
27 information described in subsection (f).
28 (h) If a person whose records are expunged brings an action that
29 might be defended with the contents of the expunged records, the
30 defendant is presumed to have a complete defense to the action. In
31 order for the plaintiff to recover, the plaintiff must show that the
32 contents of the expunged records would not exonerate the
33 defendant. The plaintiff may be required to state under oath
34 whether the plaintiff had records in the criminal or juvenile justice
35 system and whether those records were expunged. If the plaintiff
36 denies the existence of the records, the defendant may prove their
37 existence in any manner compatible with the law of evidence.
38 SECTION 12. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
39 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
41 (c) and (d), a person who operates a motorboat while:
42 (1) having an alcohol concentration equivalent (as defined in
2023 IN 377—LS 7159/DI 106 42
1 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
2 per:
3 (A) one hundred (100) milliliters of the person's blood; or
4 (B) two hundred ten (210) liters of the person's breath;
5 (2) having a controlled substance listed in schedule I or II of
6 IC 35-48-2 or its metabolite, not including THC, in the person's
7 body; or
8 (3) intoxicated;
9 commits a Class C misdemeanor.
10 (b) A person who:
11 (1) operates a vehicle with at least five (5) nanograms per
12 milliliter of THC in the person's whole blood; and
13 (2) is impaired;
14 commits a Class C misdemeanor.
15 (b) (c) The offense under subsection (a) or (b) is a Level 6 felony
16 if:
17 (1) the person has a previous conviction under:
18 (A) IC 14-1-5 (repealed);
19 (B) IC 14-15-8-8 (repealed); or
20 (C) this chapter; or
21 (2) the offense results in serious bodily injury to another person.
22 (c) (d) The offense under subsection (a) or (b) is a Level 5 felony
23 if the offense results in the death or catastrophic injury of another
24 person.
25 (d) (e) It is a defense to a prosecution under subsection (a)(2) that
26 the accused person consumed the controlled substance in accordance
27 with a valid prescription or order of a practitioner (as defined in
28 IC 35-48-1-24) who acted in the course of the practitioner's
29 professional practice.
30 SECTION 13. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
31 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2023]: Sec. 8.3. (a) This section does not apply to:
33 (1) a rolling paper; or
34 (2) a person, including an adult cannabis user, patient,
35 caregiver, cannabis organization, research facility, or
36 transporter described in IC 7.1-8, if the person is in
37 substantial compliance with the requirements of IC 7.1-8.
38 (b) A person who knowingly or intentionally possesses an
39 instrument, a device, or another object that the person intends to use
40 for:
41 (1) introducing into the person's body a controlled substance;
42 (2) testing the strength, effectiveness, or purity of a controlled
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1 substance; or
2 (3) enhancing the effect of a controlled substance;
3 commits a Class C misdemeanor. However, the offense is a Class A
4 misdemeanor if the person has a prior unrelated judgment or conviction
5 under this section.
6 SECTION 14. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
7 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
9 sale, delivers, or finances the delivery of a raw material, an instrument,
10 a device, or other object that is intended to be or that is designed or
11 marketed to be used primarily for:
12 (1) ingesting, inhaling, or otherwise introducing into the human
13 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
14 controlled substance;
15 (2) testing the strength, effectiveness, or purity of marijuana, hash
16 oil, hashish, salvia, a synthetic drug, or a controlled substance;
17 (3) enhancing the effect of a controlled substance;
18 (4) manufacturing, compounding, converting, producing,
19 processing, or preparing marijuana, hash oil, hashish, salvia, a
20 synthetic drug, or a controlled substance;
21 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
22 synthetic drug, or a controlled substance by individuals; or
23 (6) any purpose announced or described by the seller that is in
24 violation of this chapter;
25 commits a Class A infraction for dealing in paraphernalia.
26 (b) A person who knowingly or intentionally violates subsection (a)
27 commits a Class A misdemeanor. However, the offense is a Level 6
28 felony if the person has a prior unrelated judgment or conviction under
29 this section.
30 (c) This section does not apply to the following:
31 (1) Items marketed for use in the preparation, compounding,
32 packaging, labeling, or other use of marijuana, hash oil, hashish,
33 salvia, a synthetic drug, or a controlled substance as an incident
34 to lawful research, teaching, or chemical analysis and not for sale.
35 (2) Items marketed for or historically and customarily used in
36 connection with the planting, propagating, cultivating, growing,
37 harvesting, manufacturing, compounding, converting, producing,
38 processing, preparing, testing, analyzing, packaging, repackaging,
39 storing, containing, concealing, injecting, ingesting, or inhaling
40 of tobacco or any other lawful substance.
41 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
42 a syringe or needle as part of a program under IC 16-41-7.5.
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1 (4) Any entity or person that provides funding to a qualified entity
2 (as defined in IC 16-41-7.5-3) to operate a program described in
3 IC 16-41-7.5.
4 (5) A person, including an adult cannabis user, patient,
5 caregiver, cannabis organization, research facility, or
6 transporter described in IC 7.1-8, if the person is in
7 substantial compliance with the requirements of IC 7.1-8.
8 SECTION 15. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
9 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2023]: Sec. 10. (a) A person who:
11 (1) knowingly or intentionally:
12 (A) manufactures;
13 (B) finances the manufacture of;
14 (C) delivers; or
15 (D) finances the delivery of;
16 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
17 (2) possesses, with intent to:
18 (A) manufacture;
19 (B) finance the manufacture of;
20 (C) deliver; or
21 (D) finance the delivery of;
22 marijuana, hash oil, hashish, or salvia, pure or adulterated;
23 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
24 misdemeanor, except as provided in subsections (b) through (d).
25 (b) A person may be convicted of an offense under subsection (a)(2)
26 only if:
27 (1) there is evidence in addition to the weight of the drug that the
28 person intended to manufacture, finance the manufacture of,
29 deliver, or finance the delivery of the drug; or
30 (2) the amount of the drug involved is at least:
31 (A) ten (10) pounds, if the drug is marijuana; or
32 (B) three hundred (300) grams, if the drug is hash oil, hashish,
33 or salvia.
34 (c) The offense is a Level 6 felony if:
35 (1) the person has a prior conviction for a drug offense and the
36 amount of the drug involved is:
37 (A) less than thirty (30) grams of marijuana; or
38 (B) less than five (5) grams of hash oil, hashish, or salvia; or
39 (2) the amount of the drug involved is:
40 (A) at least thirty (30) grams but less than ten (10) pounds of
41 marijuana; or
42 (B) at least five (5) grams but less than three hundred (300)
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1 grams of hash oil, hashish, or salvia.
2 (d) The offense is a Level 5 felony if:
3 (1) the person has a prior conviction for a drug dealing offense
4 and the amount of the drug involved is:
5 (A) at least thirty (30) grams but less than ten (10) pounds of
6 marijuana; or
7 (B) at least five (5) grams but less than three hundred (300)
8 grams of hash oil, hashish, or salvia;
9 (2) the:
10 (A) amount of the drug involved is:
11 (i) at least ten (10) pounds of marijuana; or
12 (ii) at least three hundred (300) grams of hash oil, hashish,
13 or salvia; or
14 (B) offense involved a sale to a minor; or
15 (3) the:
16 (A) person is a retailer;
17 (B) marijuana, hash oil, hashish, or salvia is packaged in a
18 manner that appears to be low THC hemp extract; and
19 (C) person knew or reasonably should have known that the
20 product was marijuana, hash oil, hashish, or salvia.
21 (e) This section does not apply to a person, including an adult
22 cannabis user, patient, caregiver, cannabis organization, research
23 facility, or transporter described in IC 7.1-8, if the person is in
24 substantial compliance with the requirements of IC 7.1-8.
25 SECTION 16. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
26 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2023]: Sec. 11. (a) A person who:
28 (1) knowingly or intentionally possesses (pure or adulterated)
29 marijuana, hash oil, hashish, or salvia;
30 (2) knowingly or intentionally grows or cultivates marijuana; or
31 (3) knowing that marijuana is growing on the person's premises,
32 fails to destroy the marijuana plants;
33 commits possession of marijuana, hash oil, hashish, or salvia, a Class
34 B misdemeanor, except as provided in subsections (b) through (c).
35 (b) The offense described in subsection (a) is a Class A
36 misdemeanor if:
37 (1) the person has a prior conviction for a drug offense; or
38 (2) the:
39 (A) marijuana, hash oil, hashish, or salvia is packaged in a
40 manner that appears to be low THC hemp extract; and
41 (B) person knew or reasonably should have known that the
42 product was marijuana, hash oil, hashish, or salvia.
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1 (c) The offense described in subsection (a) is a Level 6 felony if:
2 (1) the person has a prior conviction for a drug offense; and
3 (2) the person possesses:
4 (A) at least thirty (30) grams of marijuana; or
5 (B) at least five (5) grams of hash oil, hashish, or salvia.
6 (d) This section does not apply to a person, including an adult
7 cannabis user, patient, caregiver, cannabis organization, research
8 facility, or transporter described in IC 7.1-8, if the person is in
9 substantial compliance with the requirements of IC 7.1-8.
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