Indiana 2024 Regular Session

Indiana House Bill HB1282 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1282
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-2.5-8-7; IC 6-8.1-1-1; IC 6-11; IC 7.1-8;
7	7	IC 9-30-5; IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
8	8	IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
9	9	IC 34-24-1-1; IC 34-30-2.1-73.5; IC 35-31.5-2-185; IC 35-45-6-1;
10	10	IC 35-46-9-6; IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
11	11	Synopsis: Cannabis regulation. Establishes a procedure for the lawful
12	12	production and sale of cannabis in Indiana. Makes conforming
13	13	amendments. Makes an appropriation.
14	14	Effective: July 1, 2024.
15	15	Johnson B
16	16	January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
17	17	2024 IN 1282—LS 6532/DI 106 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1282
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	criminal law and procedure and to make an appropriation.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 6-2.5-8-7, AS AMENDED BY P.L.194-2023,
33	33	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2024]: Sec. 7. (a) The department may, for good cause, revoke
35	35	4 a certificate issued under section 1 or 4 of this chapter. However, the
36	36	5 department must give the certificate holder at least five (5) days notice
37	37	6 before it revokes the certificate under this subsection. Good cause for
38	38	7 revocation may include the following:
39	39	8 (1) Failure to:
40	40	9 (A) file a return required under this chapter or for any tax
41	41	10 collected for the state in trust; or
42	42	11 (B) remit any tax collected for the state in trust.
43	43	12 (2) Being charged with a violation of any provision under IC 35.
44	44	13 (3) Being subject to a court order under IC 7.1-2-6-7,
45	45	14 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
46	46	15 (4) Being charged with a violation of IC 23-15-12.
47	47	16 (5) Operating as a retail merchant where the certificate issued
48	48	17 under section 1 of this chapter could have been denied under
49	49	2024 IN 1282—LS 6532/DI 106 2
50	50	1 section 1(e) of this chapter prior to its issuance.
51	51	2 The department may revoke a certificate before a criminal adjudication
52	52	3 or without a criminal charge being filed. If the department gives notice
53	53	4 of an intent to revoke based on an alleged violation of subdivision (2),
54	54	5 the department shall hold a public hearing to determine whether good
55	55	6 cause exists. If the department finds in a public hearing by a
56	56	7 preponderance of the evidence that a person has committed a violation
57	57	8 described in subdivision (2), the department shall proceed in
58	58	9 accordance with subsection (i) (if the violation resulted in a criminal
59	59	10 conviction) or subsection (j) (if the violation resulted in a judgment for
60	60	11 an infraction).
61	61	12 (b) The department shall revoke a certificate issued under section
62	62	13 1 or 4 of this chapter if, for a period of three (3) years, the certificate
63	63	14 holder fails to:
64	64	15 (1) file the returns required by IC 6-2.5-6-1; or
65	65	16 (2) report the collection of any state gross retail or use tax on the
66	66	17 returns filed under IC 6-2.5-6-1.
67	67	18 However, the department must give the certificate holder at least five
68	68	19 (5) days notice before it revokes the certificate.
69	69	20 (c) The department may, for good cause, revoke a certificate issued
70	70	21 under section 1 of this chapter after at least five (5) days notice to the
71	71	22 certificate holder if:
72	72	23 (1) the certificate holder is subject to an innkeeper's tax under
73	73	24 IC 6-9; and
74	74	25 (2) a board, bureau, or commission established under IC 6-9 files
75	75	26 a written statement with the department.
76	76	27 (d) The statement filed under subsection (c) must state that:
77	77	28 (1) information obtained by the board, bureau, or commission
78	78	29 under IC 6-8.1-7-1 indicates that the certificate holder has not
79	79	30 complied with IC 6-9; and
80	80	31 (2) the board, bureau, or commission has determined that
81	81	32 significant harm will result to the county from the certificate
82	82	33 holder's failure to comply with IC 6-9.
83	83	34 (e) The department shall revoke or suspend a certificate issued
84	84	35 under section 1 of this chapter after at least five (5) days notice to the
85	85	36 certificate holder if:
86	86	37 (1) the certificate holder owes taxes, penalties, fines, interest, or
87	87	38 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
88	88	39 days after the due date under IC 6-1.1; and
89	89	40 (2) the treasurer of the county to which the taxes are due requests
90	90	41 the department to revoke or suspend the certificate.
91	91	42 (f) The department shall reinstate a certificate suspended under
92	92	2024 IN 1282—LS 6532/DI 106 3
93	93	1 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
94	94	2 or the county treasurer requests the department to reinstate the
95	95	3 certificate because an agreement for the payment of taxes and any
96	96	4 penalties due under IC 6-1.1 has been reached to the satisfaction of the
97	97	5 county treasurer.
98	98	6 (g) The department shall revoke a certificate issued under section
99	99	7 1 of this chapter after at least five (5) days notice to the certificate
100	100	8 holder if the department finds in a public hearing by a preponderance
101	101	9 of the evidence that the certificate holder has violated IC 35-45-5-3,
102	102	10 IC 35-45-5-3.5, or IC 35-45-5-4.
103	103	11 (h) If a person makes a payment for the certificate under section 1
104	104	12 of this chapter with a check, credit card, debit card, or electronic funds
105	105	13 transfer, and the department is unable to obtain payment of the check,
106	106	14 credit card, debit card, or electronic funds transfer for its full face
107	107	15 amount when the check, credit card, debit card, or electronic funds
108	108	16 transfer is presented for payment through normal banking channels, the
109	109	17 department shall notify the person by mail that the check, credit card,
110	110	18 debit card, or electronic funds transfer was not honored and that the
111	111	19 person has five (5) days after the notice is mailed to pay the fee in cash,
112	112	20 by certified check, or other guaranteed payment. If the person fails to
113	113	21 make the payment within the five (5) day period, the department shall
114	114	22 revoke the certificate.
115	115	23 (i) If the department finds in a public hearing by a preponderance of
116	116	24 the evidence that a person has a conviction for an offense under
117	117	25 IC 35-48-4 and the conviction involved the sale of or the offer to sell,
118	118	26 in the normal course of business, a synthetic drug (as defined in
119	119	27 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
120	120	28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled
121	121	29 substance analog (as defined in IC 35-48-1-9.3), or a substance
122	122	30 represented to be a controlled substance (as described in
123	123	31 IC 35-48-4-4.6) by a retail merchant in a place of business for which
124	124	32 the retail merchant has been issued a registered retail merchant
125	125	33 certificate under section 1 of this chapter, the department:
126	126	34 (1) shall suspend the registered retail merchant certificate for the
127	127	35 place of business for one (1) year; and
128	128	36 (2) may not issue another retail merchant certificate under section
129	129	37 1 of this chapter for one (1) year to any person:
130	130	38 (A) that:
131	131	39 (i) applied for; or
132	132	40 (ii) made a retail transaction under;
133	133	41 the retail merchant certificate suspended under subdivision
134	134	42 (1); or
135	135	2024 IN 1282—LS 6532/DI 106 4
136	136	1 (B) that:
137	137	2 (i) owned or co-owned, directly or indirectly; or
138	138	3 (ii) was an officer, a director, a manager, or a partner of;
139	139	4 the retail merchant that was issued the retail merchant
140	140	5 certificate suspended under subdivision (1).
141	141	6 (j) If the department finds in a public hearing by a preponderance of
142	142	7 the evidence that a person has a judgment for a violation of
143	143	8 IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an infraction and
144	144	9 the violation involved the sale of or the offer to sell, in the normal
145	145	10 course of business, a synthetic drug or a synthetic drug lookalike
146	146	11 substance by a retail merchant in a place of business for which the
147	147	12 retail merchant has been issued a registered retail merchant certificate
148	148	13 under section 1 of this chapter, the department:
149	149	14 (1) may suspend the registered retail merchant certificate for the
150	150	15 place of business for six (6) months; and
151	151	16 (2) may withhold issuance of another retail merchant certificate
152	152	17 under section 1 of this chapter for six (6) months to any person:
153	153	18 (A) that:
154	154	19 (i) applied for; or
155	155	20 (ii) made a retail transaction under;
156	156	21 the retail merchant certificate suspended under subdivision
157	157	22 (1); or
158	158	23 (B) that:
159	159	24 (i) owned or co-owned, directly or indirectly; or
160	160	25 (ii) was an officer, a director, a manager, or a partner of;
161	161	26 the retail merchant that was issued the retail merchant
162	162	27 certificate suspended under subdivision (1).
163	163	28 (k) If the department finds in a public hearing by a preponderance
164	164	29 of the evidence that a person has a conviction for a violation of
165	165	30 IC 35-48-4-10(d)(3) IC 35-48-4-10(e) and the conviction involved an
166	166	31 offense committed by a retail merchant in a place of business for which
167	167	32 the retail merchant has been issued a registered retail merchant
168	168	33 certificate under section 1 of this chapter, the department:
169	169	34 (1) shall suspend the registered retail merchant certificate for the
170	170	35 place of business for one (1) year; and
171	171	36 (2) may not issue another retail merchant certificate under section
172	172	37 1 of this chapter for one (1) year to any person:
173	173	38 (A) that:
174	174	39 (i) applied for; or
175	175	40 (ii) made a retail transaction under;
176	176	41 the retail merchant certificate suspended under subdivision
177	177	42 (1); or
178	178	2024 IN 1282—LS 6532/DI 106 5
179	179	1 (B) that:
180	180	2 (i) owned or co-owned, directly or indirectly; or
181	181	3 (ii) was an officer, a director, a manager, or a partner of;
182	182	4 the retail merchant that was issued the retail merchant
183	183	5 certificate suspended under subdivision (1).
184	184	6 SECTION 2. IC 6-8.1-1-1, AS AMENDED BY P.L.1-2023,
185	185	7 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
186	186	8 JULY 1, 2024]: Sec. 1. "Listed taxes" or "taxes" includes only the
187	187	9 pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the supplemental
188	188	10 wagering tax (IC 4-33-12); the riverboat wagering tax (IC 4-33-13); the
189	189	11 slot machine wagering tax (IC 4-35-8); the type II gambling game
190	190	12 excise tax (IC 4-36-9); the gross income tax (IC 6-2.1) (repealed); the
191	191	13 utility receipts and utility services use taxes (IC 6-2.3) (repealed); the
192	192	14 state gross retail and use taxes (IC 6-2.5); the adjusted gross income tax
193	193	15 (IC 6-3); the pass through entity tax (IC 6-3-2.1); the supplemental net
194	194	16 income tax (IC 6-3-8) (repealed); the county adjusted gross income tax
195	195	17 (IC 6-3.5-1.1) (repealed); the county option income tax (IC 6-3.5-6)
196	196	18 (repealed); the county economic development income tax (IC 6-3.5-7)
197	197	19 (repealed); the local income tax (IC 6-3.6); the auto rental excise tax
198	198	20 (IC 6-6-9); the financial institutions tax (IC 6-5.5); the gasoline tax (IC
199	199	21 6-6-1.1); the special fuel tax (IC 6-6-2.5); the motor carrier fuel tax (IC
200	200	22 6-6-4.1); a motor fuel tax collected under a reciprocal agreement under
201	201	23 IC 6-8.1-3; the vehicle excise tax (IC 6-6-5); the aviation fuel excise
202	202	24 tax (IC 6-6-13); the commercial vehicle excise tax (IC 6-6-5.5); the
203	203	25 excise tax imposed on recreational vehicles and truck campers (IC
204	204	26 6-6-5.1); the hazardous waste disposal tax (IC 6-6-6.6) (repealed); the
205	205	27 heavy equipment rental excise tax (IC 6-6-15); the vehicle sharing
206	206	28 excise tax (IC 6-6-16); the cigarette tax (IC 6-7-1); the closed system
207	207	29 cartridge tax (IC 6-7-2-7.5); the electronic cigarette tax (IC 6-7-4); the
208	208	30 cannabis excise tax (IC 6-11); the beer excise tax (IC 7.1-4-2); the
209	209	31 liquor excise tax (IC 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard
210	210	32 cider excise tax (IC 7.1-4-4.5); the petroleum severance tax (IC 6-8-1);
211	211	33 the various innkeeper's taxes (IC 6-9); the various food and beverage
212	212	34 taxes (IC 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28);
213	213	35 the oil inspection fee (IC 16-44-2); the penalties assessed for oversize
214	214	36 vehicles (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
215	215	37 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
216	216	38 fee that the department is required to collect or administer.
217	217	39 SECTION 3. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
218	218	40 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
219	219	41 2024]:
220	220	42 ARTICLE 11. CANNABIS EXCISE TAX
221	221	2024 IN 1282—LS 6532/DI 106 6
222	222	1 Chapter 1. Imposition and Collection of Tax
223	223	2 Sec. 1. The following definitions apply throughout this article:
224	224	3 (1) "Department" refers to the department of state revenue.
225	225	4 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
226	226	5 (3) "Retailer permittee" means a person who holds a cannabis
227	227	6 retailer permit issued under IC 7.1-8-15.
228	228	7 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
229	229	8 a rate of ten percent (10%) of the sales price per ounce of cannabis.
230	230	9 This tax shall be paid to the department by the retailer permittee
231	231	10 who sells the cannabis.
232	232	11 Sec. 3. (a) Every person subject to the tax under this article shall
233	233	12 remit the tax owed to the department before the fifteenth day of
234	234	13 the month following the month in which the cannabis is sold.
235	235	14 (b) The department shall prescribe the return to be filed for the
236	236	15 payment of the tax.
237	237	16 Sec. 4. The amounts received from the tax imposed by this
238	238	17 article shall be transferred by the state comptroller to the cannabis
239	239	18 regulation fund established by IC 7.1-8-2-12.
240	240	19 Sec. 5. The department has full power to administer and enforce
241	241	20 this chapter, to collect all taxes and penalties due, and to dispose of
242	242	21 taxes and penalties so collected as provided by law. The tax is a
243	243	22 listed tax for purposes of IC 6-8.1.
244	244	23 Sec. 6. Except as otherwise provided in this article, a tax
245	245	24 imposed under this chapter shall be imposed, paid, and collected in
246	246	25 the same manner that the state gross retail tax is imposed, paid,
247	247	26 and collected under IC 6-2.5.
248	248	27 Sec. 7. The department shall adopt rules under IC 4-22-2 to
249	249	28 implement this article.
250	250	29 SECTION 4. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
251	251	30 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
252	252	31 2024]:
253	253	32 ARTICLE 8. CANNABIS
254	254	33 Chapter 1. Definitions
255	255	34 Sec. 1. The following definitions apply throughout this article
256	256	35 unless the context clearly requires otherwise:
257	257	36 (1) "Applicant" means a person who applies for a permit
258	258	37 under this article.
259	259	38 (2) "Batch" means cannabis plants that have been grown
260	260	39 together.
261	261	40 (3) "Cannabis" means any part of the plant genus Cannabis
262	262	41 whether growing or not, the seeds thereof, and any compound,
263	263	42 manufacture, salt, derivative, mixture, or preparation of the
264	264	2024 IN 1282—LS 6532/DI 106 7
265	265	1 plant or its seeds. However, the term does not include:
266	266	2 (A) the mature stalks of the plant;
267	267	3 (B) fiber produced from the stalks;
268	268	4 (C) oil or cake made from the seeds of the plant;
269	269	5 (D) any other compound, manufacture, salt, derivative,
270	270	6 mixture, or preparation of the mature stalks (except the
271	271	7 resin extracted therefrom);
272	272	8 (E) the sterilized seed of the plant which is incapable of
273	273	9 germination;
274	274	10 (F) hemp (as defined in IC 15-15-13-6);
275	275	11 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
276	276	12 or
277	277	13 (H) smokable hemp (as defined in IC 35-48-1-26.6).
278	278	14 (4) "Cannabis canopy" means the surface area used to grow
279	279	15 cannabis plants calculated in square feet and measured using
280	280	16 the outside boundaries of any area that includes cannabis
281	281	17 plants, including all of the space within the boundaries. If
282	282	18 cannabis is grown in a multi-level grow facility, the surface
283	283	19 area used to grow cannabis on each level shall be calculated
284	284	20 separately and added together to determine the size of the
285	285	21 cannabis canopy.
286	286	22 (5) "Cannabis permittee" means an individual, partnership,
287	287	23 company, or corporation permitted to grow, process,
288	288	24 transport, or sell cannabis or cannabis products for
289	289	25 commercial purposes in Indiana.
290	290	26 (6) "Carrier" means a person who is engaged in the
291	291	27 transportation of cannabis or cannabis products between a
292	292	28 grower, a processor, and a retailer and holds a permit issued
293	293	29 under IC 7.1-8-14.
294	294	30 (7) "Commission" means the cannabis commission established
295	295	31 by IC 7.1-8-2-1.
296	296	32 (8) "Crop" means any cannabis grown under a single permit.
297	297	33 (9) "Grower" means an individual, partnership, company, or
298	298	34 corporation that produces cannabis for commercial purposes
299	299	35 and that holds a permit issued under IC 7.1-8-12.
300	300	36 (10) "Integrated permittee" means a permittee who
301	301	37 simultaneously holds a grower permit, a processor permit,
302	302	38 and a retailer permit.
303	303	39 (11) "Permit" means a written authorization issued by the
304	304	40 commission entitling the holder to grow, process, transport,
305	305	41 sell, test, or otherwise deal in cannabis or cannabis products,
306	306	42 as provided in this article.
307	307	2024 IN 1282—LS 6532/DI 106 8
308	308	1 (12) "Permittee" means a person who holds a valid permit
309	309	2 under this article, including an agent of, employee of, or
310	310	3 another person acting on behalf of a permittee.
311	311	4 (13) "Personally cultivate" means to grow cannabis for
312	312	5 personal household use.
313	313	6 (14) "Processor" means an individual, partnership, company,
314	314	7 or corporation holding a permit issued under IC 7.1-8-13 that
315	315	8 obtains cannabis from a grower and:
316	316	9 (A) extracts botanical compounds or cannabinoids from
317	317	10 the cannabis;
318	318	11 (B) creates a cannabis infused product; or
319	319	12 (C) prepares or packages cannabis or cannabis products
320	320	13 for retail sale for sale or transfer.
321	321	14 (15) "Retailer" means an individual, partnership, company,
322	322	15 or corporation that holds a permit under IC 7.1-8-15 and that,
323	323	16 in the ordinary course of the person's regular trade or
324	324	17 business:
325	325	18 (A) acquires any form of cannabis for the purpose of
326	326	19 resale; and
327	327	20 (B) transfers the cannabis or cannabis products to another
328	328	21 person for money or other consideration.
329	329	22 (16) "Statewide monitoring system" means the statewide
330	330	23 cannabis tracking and monitoring system established under
331	331	24 IC 7.1-8-17.
332	332	25 Chapter 2. Cannabis Commission
333	333	26 Sec. 1. The cannabis commission is established as an agency of
334	334	27 the executive branch of state government for purposes of
335	335	28 regulating the production and sale of cannabis and cannabis
336	336	29 products.
337	337	30 Sec. 2. The commission consists of four (4) members.
338	338	31 Sec. 3. (a) The commissioners shall be appointed by the
339	339	32 governor.
340	340	33 (b) A commissioner serves for a term that ends June 30 of the
341	341	34 next odd-numbered year after appointment. A commissioner is
342	342	35 eligible for reappointment.
343	343	36 (c) Not more than two (2) commissioners may belong to the
344	344	37 same political party.
345	345	38 (d) A commissioner may only be removed for cause.
346	346	39 Sec. 4. To be eligible for appointment as a commissioner an
347	347	40 individual must have the following qualifications:
348	348	41 (1) The individual may not be employed by the state in any
349	349	42 other capacity.
350	350	2024 IN 1282—LS 6532/DI 106 9
351	351	1 (2) The individual must have been an Indiana resident for at
352	352	2 least ten (10) years immediately preceding the appointment.
353	353	3 (3) The individual may not have a financial interest in a
354	354	4 cannabis permittee or in an entity governed by:
355	355	5 (A) this title;
356	356	6 (B) IC 4-29;
357	357	7 (C) IC 4-29.5;
358	358	8 (D) IC 4-31;
359	359	9 (E) IC 4-32.3;
360	360	10 (F) IC 4-33;
361	361	11 (G) IC 4-35; or
362	362	12 (H) IC 4-36.
363	363	13 (4) The individual may not have been convicted within ten
364	364	14 (10) years before the date of appointment of:
365	365	15 (A) a federal crime having a sentence of greater than one
366	366	16 (1) year;
367	367	17 (B) a Class A, Class B, or Class C felony (for a crime
368	368	18 committed before July 1, 2014) or a Level 1, Level 2, Level
369	369	19 3, Level 4, or Level 5 felony (for a crime committed after
370	370	20 June 30, 2014); or
371	371	21 (C) a crime in another state that is substantially similar to
372	372	22 a crime described in clause (B).
373	373	23 Sec. 5. The governor shall appoint one (1) of the commissioners
374	374	24 to serve as chairperson of the commission. The governor also shall
375	375	25 appoint one (1) of the commissioners to serve as chairperson pro
376	376	26 tempore in the absence of the chairperson. The chairperson and
377	377	27 chairperson pro tempore serve at the pleasure of the governor.
378	378	28 Sec. 6. A commissioner appointed to fill a vacancy shall serve
379	379	29 only for the remainder of the unexpired term.
380	380	30 Sec. 7. (a) As compensation for services, each commissioner is
381	381	31 entitled to the minimum salary per diem provided by
382	382	32 IC 4-10-11-2.1(b). A commissioner is also entitled to
383	383	33 reimbursement for traveling expenses as provided under
384	384	34 IC 4-13-1-4 and other expenses actually incurred in connection
385	385	35 with the commissioner's duties as provided in the state policies and
386	386	36 procedures established by the Indiana department of
387	387	37 administration and approved by the budget agency.
388	388	38 (b) The expenses of the commission shall be paid from funds
389	389	39 appropriated to the commission.
390	390	40 Sec. 8. (a) Each commissioner shall execute:
391	391	41 (1) a surety bond in the amount of ten thousand dollars
392	392	42 ($10,000), with surety approved by the governor; and
393	393	2024 IN 1282—LS 6532/DI 106 10
394	394	1 (2) an oath of office.
395	395	2 The surety bond and the oath of office shall be filed in the office of
396	396	3 the secretary of state.
397	397	4 (b) The required surety bond executed and filed on behalf of a
398	398	5 commissioner, an enforcement officer (under IC 7.1-8-5), or the
399	399	6 prosecutor (under IC 7.1-8-3) shall be made payable to the state of
400	400	7 Indiana and conditioned upon the faithful discharge of the bonded
401	401	8 party's respective duties.
402	402	9 Sec. 9. (a) Three (3) members of the commission constitute a
403	403	10 quorum for the transaction of business.
404	404	11 (b) Each commissioner has one (1) vote.
405	405	12 (c) Action of the commission may be taken only upon the
406	406	13 affirmative votes of at least two (2) commissioners. If a vote of the
407	407	14 commission is a tie, the position for which the chairperson voted
408	408	15 prevails, as long as that position has received the affirmative votes
409	409	16 of at least two (2) commissioners.
410	410	17 Sec. 10. The commission shall hold regular meetings on at least
411	411	18 a quarterly basis. The commission may hold special meetings
412	412	19 whenever the commission deems it necessary. The procedure for
413	413	20 the calling of a special meeting shall be provided for in the rules of
414	414	21 the commission. The commission has the power to adjourn, from
415	415	22 time to time, both regular and special meetings. In no event,
416	416	23 however, shall the adjournment be later than the next regular
417	417	24 meeting date.
418	418	25 Sec. 11. A commissioner may not solicit or accept a political
419	419	26 contribution from any person or entity that has a permit or has
420	420	27 applied for a permit issued by the commission. However, the right
421	421	28 of a commissioner to vote as the commissioner chooses and to
422	422	29 express the commissioner's opinions on political subjects and
423	423	30 candidates may not be impaired.
424	424	31 Sec. 12. (a) As used in this section, "fund" means the cannabis
425	425	32 regulation fund established by subsection (b).
426	426	33 (b) The cannabis regulation fund is established for the purpose
427	427	34 of implementing, administering, and enforcing this article. The
428	428	35 fund shall be administered by the commission.
429	429	36 (c) The fund consists of taxes, fees, and civil penalties collected
430	430	37 under this article.
431	431	38 (d) The expenses of administering the fund shall be paid from
432	432	39 money in the fund.
433	433	40 (e) The treasurer of state shall invest money in the fund not
434	434	41 currently needed to meet the obligations of the fund in the same
435	435	42 manner as other public money may be invested. Interest that
436	436	2024 IN 1282—LS 6532/DI 106 11
437	437	1 accrues from these investments shall be deposited in the fund.
438	438	2 (f) Money in the fund at the end of a state fiscal year does not
439	439	3 revert to the state general fund. However, the treasurer of state
440	440	4 shall distribute money in the fund at the end of a state fiscal year
441	441	5 as follows:
442	442	6 (1) Fifteen percent (15%) to prosecuting attorneys in counties
443	443	7 in which a cannabis retail facility is located, allocated in
444	444	8 proportion to the number of cannabis retail facilities within
445	445	9 the county as compared to the total number of cannabis retail
446	446	10 facilities in Indiana.
447	447	11 (2) Fifteen percent (15%) to cities, towns, and counties (if a
448	448	12 facility is not located in a city or town) in which a cannabis
449	449	13 growing facility, processing facility, or retail facility is
450	450	14 located, allocated in proportion to the number of growing
451	451	15 facilities, processing facilities, and retail facilities in Indiana.
452	452	16 (3) Twenty percent (20%) to the Indiana department of health
453	453	17 to be used to develop, in consultation with the department of
454	454	18 education, a cannabis abuse prevention and education
455	455	19 program for youth.
456	456	20 (4) Twenty-five percent (25%) to the Indiana department of
457	457	21 health for use by the division of mental health and addiction.
458	458	22 (5) Twenty-five percent (25%) to the state police department.
459	459	23 Chapter 3. Office of the Prosecutor
460	460	24 Sec. 1. The office of the prosecutor is established within the
461	461	25 commission.
462	462	26 Sec. 2. The prosecutor shall be appointed by the governor for a
463	463	27 term of four (4) years to be served at the pleasure of the governor.
464	464	28 The prosecutor must be a resident of Indiana and licensed to
465	465	29 practice law in Indiana.
466	466	30 Sec. 3. The prosecutor shall execute a surety bond in the amount
467	467	31 of five thousand dollars ($5,000), with surety approved by the
468	468	32 governor, and an oath of office, both of which shall be filed in the
469	469	33 office of the secretary of state.
470	470	34 Sec. 4. As compensation for services, the prosecutor shall
471	471	35 receive an annual salary to be fixed in the same manner that the
472	472	36 salaries of other state officials are fixed. In addition to the annual
473	473	37 salary, the prosecutor shall be reimbursed for traveling and other
474	474	38 expenses necessarily incurred while away from the office carrying
475	475	39 out prosecutorial duties.
476	476	40 Sec. 5. The prosecutor has the following powers and duties:
477	477	41 (1) To prosecute before the commission all violations of laws
478	478	42 pertaining to cannabis or cannabis products.
479	479	2024 IN 1282—LS 6532/DI 106 12
480	480	1 (2) To prosecute before the commission all violations of the
481	481	2 rules of the commission.
482	482	3 (3) To assist the prosecuting attorneys of the various judicial
483	483	4 circuits in the investigation and prosecution of violations of
484	484	5 laws pertaining to cannabis or cannabis products.
485	485	6 (4) To appear before grand juries to assist in their
486	486	7 investigations into matters pertaining to cannabis and
487	487	8 cannabis products.
488	488	9 (5) To establish a seal of office.
489	489	10 (6) To administer oaths and to do all other acts authorized by
490	490	11 law for notaries public.
491	491	12 (7) To employ, with the consent of the commission and at
492	492	13 salaries fixed by the commission in its budget, the clerical staff
493	493	14 required to effectively discharge the duties of the prosecutor.
494	494	15 Sec. 6. The commission shall provide the prosecutor with
495	495	16 appropriate office space and all necessary office supplies and
496	496	17 services. All claims for salaries and necessary expenses of the office
497	497	18 of the prosecutor shall be allowed, approved, and paid by the
498	498	19 commission.
499	499	20 Chapter 4. Executive Director
500	500	21 Sec. 1. The commission shall employ an executive director to aid
501	501	22 the commission in the efficient administration of its powers and
502	502	23 duties.
503	503	24 Sec. 2. The executive director's compensation shall be approved
504	504	25 annually by the commission.
505	505	26 Sec. 3. The commission may by resolution assign to the executive
506	506	27 director any duty imposed upon the commission by this article.
507	507	28 Sec. 4. The executive director shall perform the duties assigned
508	508	29 to the executive director by the commission. The executive director
509	509	30 may exercise any power conferred upon the commission by this
510	510	31 article that is consistent with the duties assigned to the executive
511	511	32 director under this chapter.
512	512	33 Sec. 5. In addition to any salary paid under this chapter, the
513	513	34 executive director is entitled to reimbursement for traveling
514	514	35 expenses and other expenses actually incurred in connection with
515	515	36 the executive director's duties, as provided in the state policies and
516	516	37 procedures established by the Indiana department of
517	517	38 administration and approved by the budget agency.
518	518	39 Chapter 5. Enforcement Officers
519	519	40 Sec. 1. The commission may employ a superintendent of the
520	520	41 enforcement officers and qualified individuals to serve as
521	521	42 enforcement officers of the commission.
522	522	2024 IN 1282—LS 6532/DI 106 13
523	523	1 Sec. 2. The superintendent of the enforcement officers must
524	524	2 have at least ten (10) years experience as an active law enforcement
525	525	3 officer, at least five (5) years of which must have been in a
526	526	4 management capacity.
527	527	5 Sec. 3. An enforcement officer who has completed the required
528	528	6 training at the Indiana law enforcement academy is vested with full
529	529	7 police powers and duties to enforce:
530	530	8 (1) the provisions of this article; and
531	531	9 (2) any other Indiana law relating to cannabis and cannabis
532	532	10 products.
533	533	11 Sec. 4. An enforcement officer may issue a summons for
534	534	12 infraction or misdemeanor violations if the defendant promises to
535	535	13 appear by signing the summons. A defendant who fails to appear
536	536	14 is subject to the penalties provided by IC 35-44.1-2-10. Upon
537	537	15 failure to appear, the court shall issue a warrant for the arrest of
538	538	16 the defendant.
539	539	17 Sec. 5. An enforcement officer may act as an officer for the
540	540	18 arrest of offenders against Indiana law if the enforcement officer
541	541	19 reasonably believes that a crime is or is about to be committed or
542	542	20 attempted in the enforcement officer's presence.
543	543	21 Sec. 6. Each enforcement officer shall execute a surety bond in
544	544	22 the amount of one thousand dollars ($1,000), with surety approved
545	545	23 by the commission, and an oath of office, both of which shall be
546	546	24 filed with the commission.
547	547	25 Sec. 7. An eligible enforcement officer who retires with at least
548	548	26 twenty (20) years of service as an enforcement officer may retain
549	549	27 the officer's service weapon. The officer is entitled to receive, in
550	550	28 recognition of the officer's service to the commission and to the
551	551	29 public, a badge that indicates that the officer is retired. The
552	552	30 commission shall issue the officer who is retiring an identification
553	553	31 card stating the officer's name and rank, signifying that the officer
554	554	32 is retired, and noting the officer's authority to retain the service
555	555	33 weapon.
556	556	34 Sec. 8. The commission has the power to employ and remove at
557	557	35 will all necessary employees, and to fix their duties, authority, and,
558	558	36 with proper approval, compensation.
559	559	37 Sec. 9. The superintendent of the enforcement officers may
560	560	38 discharge a nonprobationary enforcement officer for just cause.
561	561	39 The commission shall adopt rules to establish a probationary
562	562	40 period and a procedure for the adjudication of the propriety of the
563	563	41 discharge of a nonprobationary enforcement officer.
564	564	42 Sec. 10. (a) The commission shall categorize salaries of
565	565	2024 IN 1282—LS 6532/DI 106 14
566	566	1 enforcement officers within each rank based upon the rank held
567	567	2 and the number of years of service in the commission through the
568	568	3 twentieth year. The salary ranges that the commission assigns to
569	569	4 each rank shall be divided into a base salary and twenty (20)
570	570	5 increments above the base salary with:
571	571	6 (1) the base salary in the rank paid to a person with less than
572	572	7 one (1) year of service in the commission; and
573	573	8 (2) the highest salary in the rank paid to a person with at least
574	574	9 twenty (20) years of service in the commission.
575	575	10 (b) The salary matrix prescribed by this section shall be
576	576	11 reviewed and approved by the budget agency before
577	577	12 implementation.
578	578	13 (c) The salary matrix prescribed by this section must have
579	579	14 parity with the salary matrix prescribed by the natural resources
580	580	15 commission under IC 14-9-8 for conservation officers of the
581	581	16 department of natural resources. The budget agency shall approve
582	582	17 a salary matrix that meets the parity requirement of this
583	583	18 subsection.
584	584	19 Chapter 6. Duties and Responsibilities of the Commission
585	585	20 Sec. 1. The chairperson is the presiding officer at the meetings
586	586	21 of the commission. The chairperson shall prepare, certify, and
587	587	22 authenticate all proceedings, minutes, records, and rules of the
588	588	23 commission. The chairperson or the chairperson's designee also
589	589	24 shall perform all other duties as imposed by this article.
590	590	25 Sec. 2. The commission has the power to organize its work and
591	591	26 carry on the functions of the commission and to enforce and
592	592	27 administer the provisions of this article and the rules of the
593	593	28 commission.
594	594	29 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
595	595	30 power to prescribe the forms for all applications, permits, licenses,
596	596	31 certificates, and other documents and records used in the
597	597	32 administration of this article.
598	598	33 Sec. 4. The commission has the power to:
599	599	34 (1) hold hearings before the commission or its representative;
600	600	35 (2) take testimony and receive evidence;
601	601	36 (3) conduct inquiries with or without hearings;
602	602	37 (4) receive reports of investigators or other governmental
603	603	38 officers and employees;
604	604	39 (5) administer oaths;
605	605	40 (6) subpoena witnesses and compel them to appear and
606	606	41 testify;
607	607	42 (7) issue and enforce subpoenas duces tecum;
608	608	2024 IN 1282—LS 6532/DI 106 15
609	609	1 (8) take or institute proceedings to enforce subpoenas and the
610	610	2 rules, orders, or requirements of the commission or its
611	611	3 representative;
612	612	4 (9) fix the compensation paid to witnesses appearing before
613	613	5 the commission;
614	614	6 (10) establish and use the seal of the commission;
615	615	7 (11) certify copies of records of the commission or any other
616	616	8 document or record on file with the commission;
617	617	9 (12) fix the form, mode, manner, time, and number of times
618	618	10 for the posting or publication of any required notices if not
619	619	11 otherwise provided in this article;
620	620	12 (13) issue letters of extension as authorized by this article; and
621	621	13 (14) hold permits on deposit as authorized by this article.
622	622	14 Sec. 5. (a) The commission shall prepare a quarterly report that
623	623	15 describes the violations by permittees subject to an enforcement
624	624	16 action under this article. Beginning in January 2025, the
625	625	17 commission shall issue the quarterly reports on or before the
626	626	18 fifteenth day of:
627	627	19 (1) January, concerning violations committed during the
628	628	20 preceding quarter consisting of the months of October
629	629	21 through December;
630	630	22 (2) April, concerning violations committed during the
631	631	23 preceding quarter consisting of the months of January
632	632	24 through March;
633	633	25 (3) July, concerning violations committed during the
634	634	26 preceding quarter consisting of the months of April through
635	635	27 June; and
636	636	28 (4) October, concerning violations committed during the
637	637	29 preceding quarter consisting of the months of July through
638	638	30 September.
639	639	31 (b) The commission's quarterly report must provide
640	640	32 noncompliance violations by:
641	641	33 (1) business listing;
642	642	34 (2) permit type; and
643	643	35 (3) county.
644	644	36 (c) The commission shall post the quarterly reports on the
645	645	37 commission's website. The commission shall:
646	646	38 (1) prepare a report annually that compiles the violations for
647	647	39 the preceding calendar year; and
648	648	40 (2) provide the report to the legislative council not later than
649	649	41 February 1 of each year in an electronic format under
650	650	42 IC 5-14-6.
651	651	2024 IN 1282—LS 6532/DI 106 16
652	652	1 Sec. 6. The commission has the authority to petition the circuit
653	653	2 or superior court of the county in which the hearing or
654	654	3 investigation is being held to compel obedience to the lawful
655	655	4 requirements of its subpoena under this chapter.
656	656	5 Sec. 7. The commission is responsible for the enforcement and
657	657	6 administration of this article.
658	658	7 Sec. 8. The commission shall adopt rules in accordance with
659	659	8 IC 4-22-2 to implement and administer this article.
660	660	9 Sec. 9. The commission has the power to adopt rules governing
661	661	10 the following:
662	662	11 (1) The conduct of the meetings and business of the
663	663	12 commission.
664	664	13 (2) The conduct of hearings before any of the commission's
665	665	14 representatives.
666	666	15 (3) The conduct of the business of a permittee authorized or
667	667	16 governed by the provisions of this article.
668	668	17 (4) The enforcement of the provisions of this article and of the
669	669	18 rules of the commission.
670	670	19 (5) The standards of purity and methods of processing used in
671	671	20 the production of cannabis and cannabis products.
672	672	21 (6) The prevention of misbranding or adulteration of cannabis
673	673	22 and cannabis products.
674	674	23 (7) The prevention of fraud, evasion, trickery, or deceit in the
675	675	24 processing, labeling, advertisement, transportation, or sale of
676	676	25 cannabis and cannabis products, or the evasion of other
677	677	26 Indiana law relating to cannabis and cannabis products.
678	678	27 Sec. 10. The commission shall adopt rules to do the following:
679	679	28 (1) Establish safety and security standards for facilities used
680	680	29 for the growth, processing, testing, storage, or sale of cannabis
681	681	30 or cannabis products.
682	682	31 (2) Mandate periodic training for persons employed in a
683	683	32 facility used for the growth, processing, testing, storage, or
684	684	33 sale of cannabis or cannabis products.
685	685	34 (3) Establish or approve training and other programming for
686	686	35 persons employed in a facility used for the growth, processing,
687	687	36 testing, storage, or sale of cannabis or cannabis products.
688	688	37 Chapter 7. Regulation of Permits and Permittees
689	689	38 Sec. 1. The commission has the discretionary authority to issue,
690	690	39 deny, suspend, revoke, or not renew all permits and certificates
691	691	40 authorized by this article, unless the exercise of discretion or
692	692	41 authority is limited by applicable provisions of this article.
693	693	42 Sec. 2. (a) The commission shall prepare and maintain, available
694	694	2024 IN 1282—LS 6532/DI 106 17
695	695	1 for public inspection, a registry of all permits issued by the
696	696	2 commission, categorized by type of permit and by the type of
697	697	3 establishment to which the permit is issued. The registry of permits
698	698	4 must:
699	699	5 (1) be subdivided on a county by county basis, and further
700	700	6 subdivided by city, town, and unincorporated area;
701	701	7 (2) contain the number of permits authorized by the quota,
702	702	8 and the number of permits currently issued;
703	703	9 (3) contain the name of the owner of the permit, the address
704	704	10 of the permitted premises, the assumed business name under
705	705	11 which the business is conducted, and, if a corporation, the
706	706	12 names of the president and secretary; and
707	707	13 (4) be made current annually, to indicate by specific notation
708	708	14 any new permits that were issued or any existing permits that
709	709	15 were transferred in any manner within the prior year.
710	710	16 (b) The registry of permits is a public record.
711	711	17 Sec. 3. The commission has the power to investigate applicants
712	712	18 and permittees, and any violation of a provision of this article and
713	713	19 of the rules of the commission, and to report its findings to the
714	714	20 prosecuting attorney or the grand jury of the county in which the
715	715	21 violation occurred, or to the attorney general.
716	716	22 Sec. 4. The commission has the power to prohibit the sale,
717	717	23 transportation, or movement of cannabis or cannabis products
718	718	24 when, in the judgment of the commission, it is necessary during a
719	719	25 time of public emergency, civil disturbance, riot, or epidemic. The
720	720	26 prohibition may be imposed without prior notice or advertisement
721	721	27 and may be continued in force as long as the need continues.
722	722	28 Sec. 5. (a) The commission has the power to examine, inspect,
723	723	29 and search a permitted premises or a vehicle where cannabis or
724	724	30 cannabis products are kept, processed, or sold.
725	725	31 (b) The commission has the power to seize cannabis or cannabis
726	726	32 products, or any other personal property when the seizure is lawful
727	727	33 under the provisions of this article.
728	728	34 Sec. 6. The commission has the power to prevent a part of the
729	729	35 premises connected with, or in any way used in connection with, a
730	730	36 permitted premises, from being used as a subterfuge or means of
731	731	37 evading the provisions of this article or the rules of the commission.
732	732	38 Sec. 7. The commission has the power to set standards of
733	733	39 cleanliness and sanitation for a permitted premises and for the
734	734	40 apparatuses, equipment, utensils, accessories, articles, and fixtures
735	735	41 used or employed in the permitted premises.
736	736	42 Sec. 8. The commission has the power to require the destruction
737	737	2024 IN 1282—LS 6532/DI 106 18
738	738	1 or removal of cases, containers, apparatuses, or devices, used or
739	739	2 likely to be used, in evading, violating, or preventing the
740	740	3 enforcement of the provisions of this article or the rules of the
741	741	4 commission.
742	742	5 Sec. 9. (a) The commission has the power to regulate and
743	743	6 prohibit advertising, signs, displays, posters, and designs intended
744	744	7 to advertise cannabis, a cannabis product, or the place where
745	745	8 cannabis or cannabis products are sold.
746	746	9 (b) The commission may not exercise the prohibition power
747	747	10 contained in subsection (a) as to any advertisement broadcast over
748	748	11 licensed radio and television stations.
749	749	12 (c) All advertisements relating to cannabis or cannabis products
750	750	13 must conform to the rules of the commission.
751	751	14 (d) The commission shall not exercise the prohibition power
752	752	15 contained in subsection (a) as to advertising in the official program
753	753	16 of the Indianapolis 500 Race.
754	754	17 (e) Notwithstanding any other law, the commission may not
755	755	18 prohibit the use of an illuminated sign advertising cannabis or
756	756	19 cannabis products by brand name that is displayed within the
757	757	20 interior or on the exterior of the premises covered by the permit,
758	758	21 regardless of whether the sign is illuminated constantly or
759	759	22 intermittently.
760	760	23 (f) The commission may not prohibit the advertisement of:
761	761	24 (1) cannabis or cannabis products; or
762	762	25 (2) a place where cannabis or cannabis products may be
763	763	26 obtained;
764	764	27 in a program, scorecard, handbill, throw-away newspaper, or
765	765	28 menu. However, advertisements described in this subsection must
766	766	29 conform to the rules of the commission.
767	767	30 (g) Cannabis or cannabis products must be marketed or
768	768	31 advertised as "cannabis" for use only by persons at least
769	769	32 twenty-one (21) years of age.
770	770	33 (h) Cannabis or cannabis products may not be marketed or
771	771	34 advertised to persons less than twenty-one (21) years of age. The
772	772	35 commission shall determine whether a sponsorship is marketed or
773	773	36 advertised to a person less than twenty-one (21) years of age.
774	774	37 (i) Cannabis or cannabis products may not be advertised on any
775	775	38 television program, radio program, website, or print publication
776	776	39 unless there is reliable evidence that seventy percent (70%) of the
777	777	40 audience is reasonably expected to be at least twenty-one (21) years
778	778	41 of age.
779	779	42 (j) Any cannabis or cannabis products advertised must bear a
780	780	2024 IN 1282—LS 6532/DI 106 19
781	781	1 warning label stating the following:
782	782	2 "For use by adults only. Keep out of reach of children. It is
783	783	3 illegal to drive a motor vehicle while under the influence of
784	784	4 cannabis. National Poison Control Center 1-800-222-1222.".
785	785	5 Sec. 10. (a) As used in this section, "facility" includes the
786	786	6 following:
787	787	7 (1) A facility permitted under this article.
788	788	8 (2) A tract that contains a premises permitted under this
789	789	9 article.
790	790	10 (3) A horse track or satellite facility.
791	791	11 (4) A riverboat or racetrack.
792	792	12 (5) A tract that contains an entertainment complex.
793	793	13 (b) As used in this section, "tract" has the meaning set forth in
794	794	14 IC 6-1.1-1-22.5.
795	795	15 (c) A facility may advertise cannabis or cannabis products:
796	796	16 (1) in the facility's interior; or
797	797	17 (2) on the facility's exterior.
798	798	18 (d) The commission may not exercise the prohibition power
799	799	19 contained in this chapter on advertising by a permittee in or on a
800	800	20 facility.
801	801	21 (e) A facility may provide advertising to a permittee in exchange
802	802	22 for compensation from that permittee.
803	803	23 Sec. 11. The commission has the power to require the
804	804	24 registration of all brands, formulas, analyses, and labels used or
805	805	25 proposed to be used in selling or advertising cannabis or cannabis
806	806	26 products. The commission does not have the power to require the
807	807	27 disclosure of formulas that are verified trade secrets.
808	808	28 Sec. 12. The commission has the power to regulate the modes
809	809	29 and methods of dealing in, and the transportation of, cannabis and
810	810	30 cannabis products.
811	811	31 Sec. 13. The commission has the power to:
812	812	32 (1) prescribe the manner and methods by which all records
813	813	33 relating to cannabis and cannabis products are kept and
814	814	34 preserved;
815	815	35 (2) inspect all records relating to cannabis and cannabis
816	816	36 products; and
817	817	37 (3) require true copies of any record to be made and furnished
818	818	38 to the commission.
819	819	39 Sec. 14. The commission may require that, before the
820	820	40 transportation of cannabis or cannabis products into Indiana by an
821	821	41 authorized permittee, the permittee shall submit written, verified
822	822	42 information concerning the proposed transportation and execute
823	823	2024 IN 1282—LS 6532/DI 106 20
824	824	1 and file any documents required. The commission has the power to
825	825	2 inspect the shipments in transit and the vehicle used in the
826	826	3 transportation.
827	827	4 Sec. 15. The commission, unless otherwise specifically
828	828	5 prohibited, may delegate the powers and duties conferred on it in
829	829	6 this article to responsible employees of the commission. However,
830	830	7 the commission bears ultimate responsibility.
831	831	8 Sec. 16. The members of the commission and their officers and
832	832	9 employees are immune from civil liability for an act or omission
833	833	10 done under the authority, or the color of authority, conferred by
834	834	11 this article or by a rule or order of the commission, unless the act
835	835	12 or omission constitutes gross negligence or willful or wanton
836	836	13 misconduct.
837	837	14 Sec. 17. The commission and the chairperson have, in addition
838	838	15 to the express powers enumerated in this article, the authority to
839	839	16 exercise all powers necessary and proper to carry out the policies
840	840	17 of this article and to promote efficient administration by the
841	841	18 commission.
842	842	19 Chapter 8. Searches and Seizures
843	843	20 Sec. 1. A circuit or superior court may issue a warrant to search
844	844	21 a house or other place for cannabis, cannabis products, or another
845	845	22 article that is being possessed, kept, sold, bartered, given away,
846	846	23 used, or transported in violation of this article.
847	847	24 Sec. 2. The warrant shall be directed to the officer, agent, or
848	848	25 employee of the commission who filed the affidavit for the warrant
849	849	26 and otherwise it shall be directed to any officer who has the power
850	850	27 to serve criminal process. The warrant shall be served by the
851	851	28 person to whom it was issued in the daytime or nighttime and the
852	852	29 return made within twenty (20) days from the date of issue.
853	853	30 Sec. 3. The officer who serves the warrant shall seize any article
854	854	31 described in the warrant and any other article found during the
855	855	32 search that is used in the violation of a provision of this article and
856	856	33 hold the article in the same manner as other items seized pursuant
857	857	34 to a search warrant are held.
858	858	35 Sec. 4. A person has no property right of any kind in:
859	859	36 (1) cannabis or a cannabis product possessed contrary to law;
860	860	37 (2) a receptacle or container holding cannabis or a cannabis
861	861	38 product possessed contrary to law;
862	862	39 (3) an unlawful or prohibited receptacle or container; or
863	863	40 (4) a receptacle or container that violates a rule of the
864	864	41 commission or that is being used in a manner that violates a
865	865	42 rule of the commission.
866	866	2024 IN 1282—LS 6532/DI 106 21
867	867	1 Sec. 5. Testimony concerning the appearance, taste, or odor of
868	868	2 cannabis or a cannabis product is admissible as evidence in a
869	869	3 criminal prosecution or in a proceeding before the commission.
870	870	4 Sec. 6. An unbroken cannabis container with a label altered so
871	871	5 that it does not describe the cannabis or cannabis product
872	872	6 accurately is admissible as evidence in a court.
873	873	7 Sec. 7. The court shall receive oral testimony upon a matter
874	874	8 referred to in this chapter for the purpose of showing a violation of
875	875	9 this article whether the container is offered in evidence or not.
876	876	10 Sec. 8. (a) If a substance is removed or destroyed before it is
877	877	11 able to be seized under this chapter, the trier of fact may infer that
878	878	12 the substance was cannabis or a cannabis product possessed in
879	879	13 violation of this article.
880	880	14 (b) Proof of the possession of an empty container permits a trier
881	881	15 of fact to infer that the person who possessed the container
882	882	16 possessed cannabis or a cannabis product.
883	883	17 Chapter 9. Public Nuisances
884	884	18 Sec. 1. The following are declared to be a public nuisance:
885	885	19 (1) A premises, vehicle, or place of any kind where at least one
886	886	20 (1) of the following occurs:
887	887	21 (A) Cannabis or a cannabis product of any type is
888	888	22 possessed in violation of Indiana law or a rule of the
889	889	23 commission.
890	890	24 (B) A person is permitted to use the premises, vehicle, or
891	891	25 place for the purpose of consuming cannabis or cannabis
892	892	26 products in violation of Indiana law or a rule of the
893	893	27 commission.
894	894	28 (2) A place where cannabis or cannabis products are kept for
895	895	29 delivery in violation of Indiana law or in violation of a rule of
896	896	30 the commission.
897	897	31 (3) The business property of a person who knowingly or
898	898	32 intentionally possesses cannabis or cannabis products in
899	899	33 violation of Indiana law or a rule of the commission.
900	900	34 Sec. 2. The plaintiff in an action to abate a public nuisance
901	901	35 under this chapter must prove that the owner of the business had
902	902	36 actual knowledge of the actions alleged to constitute a nuisance.
903	903	37 Sec. 3. In determining whether an owner should be held liable
904	904	38 for failing to abate a public nuisance under this chapter, the court
905	905	39 shall consider the efforts the owner took to abate the public
906	906	40 nuisance, including whether the law enforcement agency that
907	907	41 serves the owner's property was notified by the owner or the
908	908	42 owner's employee of the actions alleged to constitute the public
909	909	2024 IN 1282—LS 6532/DI 106 22
910	910	1 nuisance.
911	911	2 Sec. 4. If a permittee violates this article on a premises or in a
912	912	3 vehicle where cannabis or a cannabis product is kept, the premises
913	913	4 or vehicle is a public nuisance.
914	914	5 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
915	915	6 and the premises or vehicle where it is kept constitute a public
916	916	7 nuisance.
917	917	8 Sec. 6. (a) The following may bring an action to abate a common
918	918	9 nuisance or a violation of this article:
919	919	10 (1) The commission.
920	920	11 (2) The chairperson of the commission.
921	921	12 (3) The attorney general.
922	922	13 (4) The prosecuting attorney exercising jurisdiction in the
923	923	14 county where the common nuisance or violation occurs.
924	924	15 (5) A permittee.
925	925	16 (6) A resident of the county where the common nuisance or
926	926	17 violation occurs.
927	927	18 (b) The court may grant a temporary restraining order, a
928	928	19 preliminary injunction, a permanent injunction, and any other
929	929	20 relief authorized under Indiana law.
930	930	21 Sec. 7. A prevailing plaintiff in an action brought to abate a
931	931	22 nuisance is entitled to, at the discretion of the court:
932	932	23 (1) an order that the premises be closed for a period of one (1)
933	933	24 year; or
934	934	25 (2) an order that the premises be closed for a period of less
935	935	26 than one (1) year and an award of liquidated damages in an
936	936	27 amount of not less than one thousand dollars ($1,000) and not
937	937	28 more than twenty-five thousand dollars ($25,000) to the state
938	938	29 of Indiana.
939	939	30 Sec. 8. An action authorized by this chapter shall be brought in
940	940	31 the name of the state of Indiana on the relation of the commission.
941	941	32 The commission may be represented by an attorney selected by it,
942	942	33 by the attorney general, or by a deputy or assistant attorney
943	943	34 general assigned by the attorney general for the purpose of
944	944	35 instituting or conducting the action, or by both.
945	945	36 Sec. 9. The remedies authorized by this chapter are cumulative
946	946	37 and nonexclusive. The remedies provided in this article do not
947	947	38 affect the power of the commission to revoke a permit.
948	948	39 Chapter 10. Jurisdiction and Miscellaneous Judicial
949	949	40 Proceedings
950	950	41 Sec. 1. An action brought against the commission, or against the
951	951	42 chairperson as the chairperson, shall be brought in the circuit or
952	952	2024 IN 1282—LS 6532/DI 106 23
953	953	1 superior court of Marion County unless otherwise specifically
954	954	2 provided in this article.
955	955	3 Sec. 2. The commission may bring an action for declaratory
956	956	4 judgment under IC 34-14-1-1.
957	957	5 Chapter 11. Issuance of Permits Generally
958	958	6 Sec. 1. The following definitions apply throughout this chapter:
959	959	7 (1) "Minority" means a person identified as:
960	960	8 (A) Black;
961	961	9 (B) Native American;
962	962	10 (C) Asian American; or
963	963	11 (D) Hispanic.
964	964	12 (2) "Owned and controlled" means:
965	965	13 (A) ownership of at least fifty-one percent (51%) of the
966	966	14 enterprise, including corporate stock of a corporation;
967	967	15 (B) control over the management and being active in the
968	968	16 day to day operations of the business; and
969	969	17 (C) an interest in the capital, assets, and profits and losses
970	970	18 of the business proportionate to the percentage of
971	971	19 ownership.
972	972	20 (3) "Veteran" means an individual who:
973	973	21 (A) has previously:
974	974	22 (i) served on active duty in any branch of the armed
975	975	23 forces of the United States or their reserves, or in the
976	976	24 Indiana National Guard; and
977	977	25 (ii) received an honorable discharge from service; or
978	978	26 (B) is currently serving in:
979	979	27 (i) any branch of the armed forces of the United States or
980	980	28 their reserves; or
981	981	29 (ii) the Indiana National Guard.
982	982	30 Sec. 2. (a) The commission may issue only the types of permits
983	983	31 authorized by this article subject to the applicable provisions of
984	984	32 this article.
985	985	33 (b) Beginning July 1, 2024, the commission shall accept
986	986	34 applications for cannabis permits.
987	987	35 Sec. 3. A permit:
988	988	36 (1) is a revocable privilege granted by the state; and
989	989	37 (2) is not a property right.
990	990	38 Sec. 4. The commission may issue a permit under this article
991	991	39 only to:
992	992	40 (1) an individual;
993	993	41 (2) a partnership;
994	994	42 (3) a limited liability company; or
995	995	2024 IN 1282—LS 6532/DI 106 24
996	996	1 (4) a corporation organized and existing under Indiana law.
997	997	2 Sec. 5. (a) Except as provided in subsection (b), the commission
998	998	3 shall issue not less than fifteen percent (15%) of allowable permits
999	999	4 under this article to businesses owned and controlled by one (1) or
1000	1000	5 more:
1001	1001	6 (1) minorities; or
1002	1002	7 (2) veterans.
1003	1003	8 (b) If an insufficient number of qualifying applications are by a
1004	1004	9 person described in subsection (a), the commission shall issue
1005	1005	10 permits in the usual way.
1006	1006	11 Sec. 6. (a) Except as otherwise provided in this article, a permit
1007	1007	12 issued by the commission is valid for one (1) calendar year,
1008	1008	13 including the day upon which it is granted. At the end of the one (1)
1009	1009	14 year period, the permit expires and is void.
1010	1010	15 (b) The commission shall timely process a permittee's
1011	1011	16 application for renewal of a permit unless the permittee receives a
1012	1012	17 notice of a violation from the office of the prosecutor.
1013	1013	18 (c) The commission may timely process an application for
1014	1014	19 renewal of a permit filed by a permittee that receives notice of a
1015	1015	20 violation as described in subsection (f) if the chairperson or the
1016	1016	21 chairperson's designee authorizes the application for renewal of
1017	1017	22 the permit to be timely processed.
1018	1018	23 (d) A permittee may file an application for renewal of a permit
1019	1019	24 not later than thirty (30) days after the date the permit expires.
1020	1020	25 (e) If a permittee does not file an application for renewal of a
1021	1021	26 permit within the time provided in subsection (d), the permit
1022	1022	27 reverts to the commission. At least thirty (30) days before the date
1023	1023	28 that a permit reverts to the commission, the commission shall
1024	1024	29 provide written notice to the permittee informing the permittee of
1025	1025	30 the date that the permittee's permit will revert to the commission.
1026	1026	31 (f) The chairperson or the chairperson's designee may allow the
1027	1027	32 permittee to renew the permit after the date the permit expires
1028	1028	33 only if the permittee provides evidence that the permittee is
1029	1029	34 engaged in an administrative or court proceeding that prevents the
1030	1030	35 permittee from renewing the permit.
1031	1031	36 (g) A permit is effective upon the final approval of the
1032	1032	37 commission. Upon final approval of a permit, and upon the request
1033	1033	38 of the permittee, the commission shall provide the permittee with
1034	1034	39 a letter of authority to operate. The letter of authority to operate
1035	1035	40 constitutes authorization for the permittee to perform the actions
1036	1036	41 allowed under the permit until the date the permittee receives the
1037	1037	42 permit issued by the commission.
1038	1038	2024 IN 1282—LS 6532/DI 106 25
1039	1039	1 Sec. 7. (a) The chairperson or the chairperson's designee may
1040	1040	2 issue an original letter of extension extending the term of a permit
1041	1041	3 for a maximum period of ninety (90) days for good cause shown
1042	1042	4 upon the written request of the permittee and payment of the fee,
1043	1043	5 if required.
1044	1044	6 (b) Upon the expiration of an original letter of extension, or any
1045	1045	7 renewal thereof, if good cause still exists, subsequent renewals of
1046	1046	8 the extension may be granted to the permittee only upon the
1047	1047	9 affirmative vote of a majority of the members of the commission.
1048	1048	10 Sec. 8. The commission shall issue a permit authorized by this
1049	1049	11 article only upon proper application. The application shall be in
1050	1050	12 writing, and verified, upon forms prescribed and furnished by the
1051	1051	13 commission. The application shall contain the terms and
1052	1052	14 information required by this article or by the rules of the
1053	1053	15 commission. The appropriate surety bond, if required, must be
1054	1054	16 submitted with the application.
1055	1055	17 Sec. 9. An application for a permit shall contain the express
1056	1056	18 statement of the applicant that, if a permit is issued to the
1057	1057	19 applicant, the applicant consents for the duration of the permit
1058	1058	20 term to the entrance, inspection, and search by an enforcement
1059	1059	21 officer, without a warrant or other process, of the applicant's
1060	1060	22 permitted premises and vehicles to determine whether the
1061	1061	23 applicant is complying with the provisions of this article. The
1062	1062	24 consent required by this section is renewed and continued by the
1063	1063	25 retention of a permit or its use by a permittee.
1064	1064	26 Sec. 10. An application for a permit to sell cannabis or cannabis
1065	1065	27 products of any kind, and the required publication of notice, must
1066	1066	28 disclose the name of the applicant and the specific property
1067	1067	29 address where the cannabis or cannabis products are to be sold,
1068	1068	30 and any assumed business name under which the business will be
1069	1069	31 conducted. The application and notice also must disclose:
1070	1070	32 (1) the names of the executive officers of the corporation,
1071	1071	33 company, or other entity responsible for the sale of cannabis
1072	1072	34 or the cannabis product to the public; and
1073	1073	35 (2) the website where a member of the public may access the
1074	1074	36 information in subdivision (1).
1075	1075	37 Sec. 11. An applicant must have a vested legal interest in the
1076	1076	38 property address listed on the permit application.
1077	1077	39 Sec. 12. (a) As used in this section, "immediate family member"
1078	1078	40 means a spouse, parent, child, sibling, father-in-law, or
1079	1079	41 mother-in-law.
1080	1080	42 (b) The commission may not issue a permit under this chapter
1081	1081	2024 IN 1282—LS 6532/DI 106 26
1082	1082	1 to an individual who is an immediate family member of a current
1083	1083	2 permittee.
1084	1084	3 Sec. 13. (a) On receipt of a completed permit application under
1085	1085	4 this chapter, the commission shall forward a copy of the
1086	1086	5 application to the state police department.
1087	1087	6 (b) The state police department shall perform a national
1088	1088	7 criminal history background check of the applicant and return the
1089	1089	8 application to the commission along with the results from the
1090	1090	9 national criminal history background check. The commission is
1091	1091	10 responsible for the cost of the national criminal history
1092	1092	11 background check.
1093	1093	12 (c) The commission shall review the permit application after
1094	1094	13 receipt of the results from the state police department. The
1095	1095	14 commission shall grant or deny a completed application for a
1096	1096	15 permit within sixty (60) days after receipt of the application. If the
1097	1097	16 commission determines that:
1098	1098	17 (1) all the requirements under this article have been met; and
1099	1099	18 (2) the applicant has not been convicted within ten (10) years
1100	1100	19 before the date of application of:
1101	1101	20 (A) a federal crime having a sentence of more than one (1)
1102	1102	21 year;
1103	1103	22 (B) a Class A, Class B, or Class C felony (for a crime
1104	1104	23 committed before July 1, 2014) or a Level 1, Level 2, Level
1105	1105	24 3, Level 4, or Level 5 felony (for a crime committed after
1106	1106	25 June 30, 2014); or
1107	1107	26 (C) a crime in another state that is substantially similar to
1108	1108	27 a crime described in clause (B);
1109	1109	28 the commission shall approve the application for issuance of the
1110	1110	29 permit.
1111	1111	30 (d) The commission may deny a permit application if it finds
1112	1112	31 that the applicant has been adjudicated against in a civil
1113	1113	32 proceeding regarding the cannabis or hemp industry.
1114	1114	33 (e) If the completed application for a permit is denied, the
1115	1115	34 commission must state the reasons for the denial. If a completed
1116	1116	35 application is denied under this section, the applicant may reapply
1117	1117	36 within thirty (30) days after the date of the denial. There is no
1118	1118	37 application fee for a reapplication under this subsection.
1119	1119	38 (f) A permit issued under this chapter expires one (1) year after
1120	1120	39 the date on which the permit was issued, unless revoked.
1121	1121	40 Sec. 14. An applicant for a permit issued pursuant to this article
1122	1122	41 shall file with the commission a surety bond in the sum of fifteen
1123	1123	42 thousand dollars ($15,000).
1124	1124	2024 IN 1282—LS 6532/DI 106 27
1125	1125	1 Sec. 15. (a) The required surety bond of an applicant must be
1126	1126	2 approved by the commission. The bond must be made payable to
1127	1127	3 the state and may be forfeited if the applicant:
1128	1128	4 (1) violates a provision of this article or a rule of the
1129	1129	5 commission that relates to the permit; or
1130	1130	6 (2) fails to pay all taxes and fees imposed by this article on the
1131	1131	7 activities authorized under the permit.
1132	1132	8 (b) A permittee shall keep the bond in full force and effect
1133	1133	9 continuously in order to keep the permit in force.
1134	1134	10 Sec. 16. (a) Except as provided in subsection (b), the commission
1135	1135	11 may recover not more than two hundred fifty dollars ($250) in any
1136	1136	12 one (1) action on a permittee's surety bond for the violation of a
1137	1137	13 rule of the commission. Except as provided in subsection (b), the
1138	1138	14 commission may recover not more than five hundred dollars ($500)
1139	1139	15 in any one (1) action on the surety bond for the violation of a
1140	1140	16 provision of this article. All violations committed before the
1141	1141	17 commission brings an action on the bond are considered one (1)
1142	1142	18 violation. Funds recovered on a bond shall be deposited in the
1143	1143	19 cannabis regulation fund established by IC 7.1-8-2-12.
1144	1144	20 (b) The state may recover the full amount of all taxes and fees
1145	1145	21 due and owed by the permittee under this article in a single action
1146	1146	22 on the bond. No person may bring an action on the bond except the
1147	1147	23 commission. Funds recovered under this section shall be deposited
1148	1148	24 in the state general fund.
1149	1149	25 Sec. 17. The commission shall ensure that a surety bond filed
1150	1150	26 under this article is securely stored. The commission may not
1151	1151	27 approve a surety bond unless the surety company is solvent and
1152	1152	28 qualified to do business in Indiana. The commission, before
1153	1153	29 approving a surety bond, shall require the commissioner of the
1154	1154	30 department of insurance to furnish to the commission copies of
1155	1155	31 reports of the surety company and other information concerning
1156	1156	32 the reserves and reliability of the company.
1157	1157	33 Sec. 18. Cash or bonds of the United States, or both, may be
1158	1158	34 tendered to the commission instead of a surety bond required by
1159	1159	35 the provisions of this article if it is tendered on the same terms and
1160	1160	36 conditions as a surety bond.
1161	1161	37 Sec. 19. A surety may not cancel or annul a surety bond filed in
1162	1162	38 accordance with the provisions of this article after it has been
1163	1163	39 approved by the commission. However, a surety, with the consent
1164	1164	40 of the commission, may cancel a bond and be released from
1165	1165	41 liability accruing after the effective date of the cancellation. The
1166	1166	42 commission may not approve a cancellation until the surety has
1167	1167	2024 IN 1282—LS 6532/DI 106 28
1168	1168	1 paid and discharged in full its liability to the state on the bond to
1169	1169	2 the date of the approval of the cancellation.
1170	1170	3 Sec. 20. (a) As used in this section, "credit card" means a:
1171	1171	4 (1) credit card;
1172	1172	5 (2) debit card;
1173	1173	6 (3) charge card; or
1174	1174	7 (4) stored value card.
1175	1175	8 (b) The commission shall accept a payment to the commission
1176	1176	9 for any purpose by any of the following financial instruments:
1177	1177	10 (1) Cash.
1178	1178	11 (2) Certified check.
1179	1179	12 (3) Cashier's check.
1180	1180	13 (4) Check drawn on the bank deposit of a business.
1181	1181	14 (5) Valid postal money order of the United States.
1182	1182	15 (6) Bank draft.
1183	1183	16 (7) Money order.
1184	1184	17 (8) Bank card or credit card.
1185	1185	18 (9) Electronic funds transfer.
1186	1186	19 (10) Any other financial instrument authorized by the
1187	1187	20 commission.
1188	1188	21 (c) If there is a charge to the commission for the use of a
1189	1189	22 financial instrument, the commission may collect a sum equal to
1190	1190	23 the amount of the charge from the person who uses the financial
1191	1191	24 instrument.
1192	1192	25 (d) A procedure authorized for a particular type of payment
1193	1193	26 must be uniformly applied to all payments of the same type.
1194	1194	27 (e) The commission may contract with a bank card or credit
1195	1195	28 card vendor for acceptance of bank cards or credit cards.
1196	1196	29 However, if there is a vendor transaction charge or discount fee,
1197	1197	30 whether billed to the commission or charged directly to the
1198	1198	31 commission's account, the commission may collect from the person
1199	1199	32 using the card:
1200	1200	33 (1) an official fee that may not exceed the transaction charge
1201	1201	34 or discount fee charged to the commission by bank card or
1202	1202	35 credit card vendors; or
1203	1203	36 (2) a reasonable convenience fee that:
1204	1204	37 (A) may not exceed three dollars ($3); and
1205	1205	38 (B) must be uniform regardless of the bank card or credit
1206	1206	39 card used.
1207	1207	40 The fees described in subdivisions (1) and (2) may be collected
1208	1208	41 regardless of retail merchant agreements between the bank card
1209	1209	42 and credit card vendors that may prohibit such fees. These fees are
1210	1210	2024 IN 1282—LS 6532/DI 106 29
1211	1211	1 permitted additional charges under IC 24-4.5-3-202.
1212	1212	2 (f) The commission may pay any applicable bank card or credit
1213	1213	3 card service charge associated with the use of a bank card or credit
1214	1214	4 card under this section.
1215	1215	5 Sec. 21. (a) Except as provided in subsection (d), if publication
1216	1216	6 of notice of application for a permit is required under this article,
1217	1217	7 the publication shall be made in one (1) newspaper of general
1218	1218	8 circulation published in the county where the permit is to be in
1219	1219	9 effect.
1220	1220	10 (b) Publication required under subsection (a) may be made in
1221	1221	11 any newspaper of general circulation published one (1) or more
1222	1222	12 times each week.
1223	1223	13 (c) The rates to be paid for the advertising of a notice required
1224	1224	14 under this article shall be those required to be paid in case of other
1225	1225	15 notices published for or on behalf of the state.
1226	1226	16 (d) If:
1227	1227	17 (1) the commission is unable to procure advertising of a notice
1228	1228	18 as required under subsection (a) at the rates set forth in
1229	1229	19 IC 5-3-1; or
1230	1230	20 (2) the newspaper published in the county as described in
1231	1231	21 subsection (a) refuses to publish the notice;
1232	1232	22 the commission may, instead of publication in a newspaper as
1233	1233	23 required under subsection (a), post the notice on the commission's
1234	1234	24 website.
1235	1235	25 Sec. 22. Whenever the character of the business in which an
1236	1236	26 applicant is engaged is material to the applicant being issued a
1237	1237	27 permit under this article, or is material to the applicant being
1238	1238	28 qualified to continue to hold the permit, it must be made to appear
1239	1239	29 to the satisfaction of the commission that a substantial portion of
1240	1240	30 the business carried on, or to be carried on, in the premises in
1241	1241	31 respect to which a permit is applied for is in the nature of the
1242	1242	32 applicant's main business function in the premises.
1243	1243	33 Sec. 23. A person to whom a permit has been issued to carry on
1244	1244	34 any of the activities authorized by this article shall, before being
1245	1245	35 fully qualified to do business, post and display, and keep posted
1246	1246	36 and displayed, in the most conspicuous place in the person's
1247	1247	37 permitted premises the person's permit to do business.
1248	1248	38 Sec. 24. A permit issued under this article may not be
1249	1249	39 transferred from:
1250	1250	40 (1) the permit holder to another person; or
1251	1251	41 (2) the location for which the permit was approved or
1252	1252	42 renewed to another location;
1253	1253	2024 IN 1282—LS 6532/DI 106 30
1254	1254	1 unless otherwise authorized by this article or approved by the
1255	1255	2 commission.
1256	1256	3 Sec. 25. (a) As used in this section, "disqualifying event" means
1257	1257	4 an occurrence that would render the planned cannabis permittee
1258	1258	5 location illegal under this article.
1259	1259	6 (b) If a disqualifying event occurs while a permit application is
1260	1260	7 pending before the commission, the applicant may transfer the
1261	1261	8 permit location within six (6) months of the disqualifying event.
1262	1262	9 Sec. 26. If the information required for an initial or renewal
1263	1263	10 permit changes, the applicant or permit holder shall notify the
1264	1264	11 commission within ten (10) business days of the change. If any
1265	1265	12 change in the information required for an application results in a
1266	1266	13 violation of this article, the commission may impose a penalty as
1267	1267	14 provided in this article.
1268	1268	15 Sec. 27. (a) A person may simultaneously hold:
1269	1269	16 (1) a grower permit and a processor permit;
1270	1270	17 (2) a grower permit and a retailer permit; or
1271	1271	18 (3) a processor permit and a retailer permit.
1272	1272	19 However, a person may not simultaneously hold a grower permit,
1273	1273	20 a processor permit, and a retailer permit unless the person is an
1274	1274	21 integrated permittee.
1275	1275	22 (b) A person holding a transport permit may not hold any other
1276	1276	23 type of permit, and a person holding a safety compliance facility
1277	1277	24 permit may not hold any other type of permit.
1278	1278	25 (c) Except as otherwise provided in this section, an integrated
1279	1279	26 permittee is subject to all the requirements of the laws and
1280	1280	27 regulations governing each permit.
1281	1281	28 (d) The commission shall impose an annual fee of one million
1282	1282	29 dollars ($1,000,000) on an integrated permittee. This fee includes
1283	1283	30 the separate grower, retailer, and processor fees. If the prospective
1284	1284	31 permittee is a veteran or minority owned business under section 5
1285	1285	32 of this chapter, the commission may permit this fee to be paid in
1286	1286	33 installments.
1287	1287	34 (e) The commission may award an integrated processor permit
1288	1288	35 only if the prospective permittee demonstrates that the permittee
1289	1289	36 has a proven capital reserve of at least five million dollars
1290	1290	37 ($5,000,000). If the prospective permittee is a veteran or minority
1291	1291	38 owned business under section 5 of this chapter, the commission
1292	1292	39 may permit alternate capital reserve.
1293	1293	40 (f) An integrated permittee is entitled to:
1294	1294	41 (1) twenty-five (25) retailer permits; and
1295	1295	42 (2) ten (10) grower permits, consisting of:
1296	1296	2024 IN 1282—LS 6532/DI 106 31
1297	1297	1 (A) six (6) small grower permits under IC 7.1-8-12-7(a);
1298	1298	2 (B) three (3) medium grower permits under
1299	1299	3 IC 7.1-8-12-7(b); and
1300	1300	4 (C) one (1) large grower permit under IC 7.1-8-12-7(c).
1301	1301	5 However, an integrated permittee is not entitled to a permit if no
1302	1302	6 additional permits of that type are available.
1303	1303	7 (g) An integrated permittee to whom a permit has been issued
1304	1304	8 under this section may deposit that permit with the commission for
1305	1305	9 a period of:
1306	1306	10 (1) two (2) years, in the case of a grower and processor
1307	1307	11 permit; and
1308	1308	12 (2) three (3) years, in the case of a retailer permit;
1309	1309	13 if the permittee is unable to immediately operate the business to
1310	1310	14 which the permit applies.
1311	1311	15 (h) If a permittee is unable to use the permit issued under this
1312	1312	16 article within the period described in subsection (g), the permit is
1313	1313	17 forfeited to the commission, unless the commission finds that a
1314	1314	18 reasonable extension is necessary due to construction delays or fire,
1315	1315	19 flood, tornado, or other natural disasters or acts of God.
1316	1316	20 Chapter 12. Grower Permits
1317	1317	21 Sec. 1. The growth of cannabis is authorized in Indiana. The
1318	1318	22 growing and handling of cannabis is subject to regulation by the
1319	1319	23 commission. The commission shall adopt rules under IC 4-22-2 to
1320	1320	24 oversee the permitting, production, and management of:
1321	1321	25 (1) cannabis; and
1322	1322	26 (2) cannabis seed.
1323	1323	27 Sec. 2. (a) Except as expressly provided in this article, a
1324	1324	28 cannabis grower may not grow or sell cannabis in Indiana without
1325	1325	29 a permit issued by the commission under this article.
1326	1326	30 (b) Except as otherwise provided in this article, cannabis
1327	1327	31 produced by a grower permittee under this article may be grown
1328	1328	32 and sold in Indiana.
1329	1329	33 (c) A grower issued a permit under this chapter:
1330	1330	34 (1) must grow at least eighty percent (80%) of the cannabis
1331	1331	35 canopy in an indoor grow facility; and
1332	1332	36 (2) may grow not more than twenty percent (20%) of the
1333	1333	37 cannabis canopy outdoors, if the outdoor grow area:
1334	1334	38 (A) is adjacent to the indoor grow facility; and
1335	1335	39 (B) is not:
1336	1336	40 (i) accessible to a member of the general public; or
1337	1337	41 (ii) visible from any street adjacent to the property by a
1338	1338	42 normal person with 20/20 eyesight without the use of any
1339	1339	2024 IN 1282—LS 6532/DI 106 32
1340	1340	1 device to assist in improving viewing distance or vantage
1341	1341	2 point.
1342	1342	3 (d) Nothing in this chapter prohibits a grower permittee from:
1343	1343	4 (1) selling cannabis cultivated by the grower to another
1344	1344	5 grower permittee in Indiana;
1345	1345	6 (2) packaging, trimming, and placing cannabis cultivated by
1346	1346	7 the grower in containers for retail sale; or
1347	1347	8 (3) selling and delivering cannabis cultivated by the grower to
1348	1348	9 a person holding a retailer permit issued under this article.
1349	1349	10 However, a grower may not use a chemical process to extract or
1350	1350	11 transform cannabis.
1351	1351	12 (e) Nothing in this chapter prohibits a grower permittee from
1352	1352	13 exporting cannabis outside Indiana as permitted by federal law.
1353	1353	14 Sec. 3. (a) A grower to whom a permit has been issued under
1354	1354	15 this chapter may deposit that permit with the commission for a
1355	1355	16 period of two (2) years if the permittee is unable to immediately
1356	1356	17 operate the business to which the permit applies.
1357	1357	18 (b) If a permittee is unable to use the permit issued under this
1358	1358	19 article within two (2) years, the permit is forfeited to the
1359	1359	20 commission, unless the commission finds that a reasonable
1360	1360	21 extension is necessary due to construction delays or fire, flood,
1361	1361	22 tornado, or other natural disasters or acts of God.
1362	1362	23 Sec. 4. (a) As used in this section, "household" means a
1363	1363	24 residential dwelling that is the principal place of residence of a
1364	1364	25 person or a family unit whose members are related by birth,
1365	1365	26 marriage, or adoption and who share a common living
1366	1366	27 arrangement. It does not include any industrial, commercial, or
1367	1367	28 other nonresidential building.
1368	1368	29 (b) An individual may personally cultivate cannabis in Indiana
1369	1369	30 for personal use without a permit.
1370	1370	31 (c) A person may not personally cultivate more than four (4)
1371	1371	32 cannabis plants per household at one (1) time.
1372	1372	33 (d) All cannabis personally cultivated under this section must be
1373	1373	34 grown on real property owned by the person or on real property
1374	1374	35 for which the person has the property owner's written permission
1375	1375	36 to personally cultivate cannabis on the property.
1376	1376	37 (e) A person who personally cultivates cannabis may not use
1377	1377	38 extraction equipment or extraction processes if the equipment or
1378	1378	39 process uses butane, propane, carbon dioxide, or any potentially
1379	1379	40 hazardous material in a residential property.
1380	1380	41 Sec. 5. (a) For purposes of this section, "visible" means viewable
1381	1381	42 by a normal person with 20/20 eyesight without the use of any
1382	1382	2024 IN 1282—LS 6532/DI 106 33
1383	1383	1 device to assist in improving viewing distance or vantage point.
1384	1384	2 (b) All cannabis personally cultivated under this chapter must
1385	1385	3 be cultivated so that the cannabis is not accessible to a member of
1386	1386	4 the general public. No cannabis may be visible from any street
1387	1387	5 adjacent to the property.
1388	1388	6 (c) In consultation with the state police department, the
1389	1389	7 commission shall adopt rules under IC 4-22-2 governing the
1390	1390	8 security of a cannabis personal cultivation site.
1391	1391	9 (d) Cannabis plants personally cultivated in violation of this
1392	1392	10 section may be seized and destroyed.
1393	1393	11 Sec. 6. In addition to the other requirements of this article, an
1394	1394	12 initial or renewal application for a grower permit must include the
1395	1395	13 following:
1396	1396	14 (1) The global positioning system coordinates and legal
1397	1397	15 description of the property used for the cannabis grow
1398	1398	16 operation.
1399	1399	17 (2) The planned size of the cannabis canopy.
1400	1400	18 (3) A site plan of the proposed grow facility.
1401	1401	19 (4) A nonrefundable application fee.
1402	1402	20 Sec. 7. (a) For a permittee who grows less than five thousand
1403	1403	21 (5,000) square feet of cannabis canopy, the commission shall
1404	1404	22 impose an annual fee of thirty thousand dollars ($30,000).
1405	1405	23 (b) For a permittee who grows at least five thousand (5,000)
1406	1406	24 square feet of cannabis canopy and less than fifteen thousand
1407	1407	25 (15,000) square feet of cannabis canopy, the commission shall
1408	1408	26 impose an annual fee of one hundred thousand dollars ($100,000).
1409	1409	27 (c) For a permittee who grows at least fifteen thousand (15,000)
1410	1410	28 square feet of cannabis canopy, the commission shall impose an
1411	1411	29 annual fee of two hundred thousand dollars ($200,000).
1412	1412	30 (d) Not more than:
1413	1413	31 (1) twenty-five (25) grower permits may be issued under
1414	1414	32 subsection (a) at one (1) time;
1415	1415	33 (2) fifteen (15) grower permits may be issued under subsection
1416	1416	34 (b) at one (1) time; and
1417	1417	35 (3) four (4) grower permits may be issued under subsection (c)
1418	1418	36 at one (1) time.
1419	1419	37 (e) A permittee, or permittee who is directly or indirectly
1420	1420	38 controlled by another permittee, may not possess more than one (1)
1421	1421	39 grower permit at one (1) time.
1422	1422	40 (f) The fees set forth in this section are due to the commission
1423	1423	41 within thirty (30) days of the date the initial or renewal grower
1424	1424	42 permit is issued, and shall be deposited in the cannabis regulation
1425	1425	2024 IN 1282—LS 6532/DI 106 34
1426	1426	1 fund established by IC 7.1-8-2-12.
1427	1427	2 Sec. 8. (a) A grower shall uniquely identify each immature plant
1428	1428	3 batch with a single permanent plant tag and record the
1429	1429	4 information in the statewide monitoring system established under
1430	1430	5 IC 7.1-8-17. Each immature plant batch must consist of not more
1431	1431	6 than one hundred (100) immature plants.
1432	1432	7 (b) A grower shall separate the plants as the plants go through
1433	1433	8 different growth stages and ensure that the plant tag is always
1434	1434	9 identified with the plant throughout the growth span so that all
1435	1435	10 plants can be easily identified and inspected. A grower shall ensure
1436	1436	11 that the identification information is recorded in the statewide
1437	1437	12 monitoring system.
1438	1438	13 (c) After a tagged plant is harvested, it is part of a harvest batch
1439	1439	14 so that a sample of the harvest batch can be tested in accordance
1440	1440	15 with this article. A grower shall quarantine a harvest batch from
1441	1441	16 other plants or batches that have test results pending. A harvest
1442	1442	17 batch must be easily distinguishable from other harvest batches
1443	1443	18 until the harvest batch is broken down into packages.
1444	1444	19 (d) After test results show a passed test and the harvest batch is
1445	1445	20 packaged, the grower shall destroy the individual plant tags. Each
1446	1446	21 package must have a permanent package tag attached. A grower
1447	1447	22 shall ensure this information is placed in the statewide monitoring
1448	1448	23 system in accordance with this article and rules adopted by the
1449	1449	24 commission.
1450	1450	25 Sec. 9. (a) In addition to any other liability or penalty provided
1451	1451	26 by law, the commission may revoke or refuse to issue or renew a
1452	1452	27 grower permit and may impose a civil penalty for a violation of:
1453	1453	28 (1) a permit requirement;
1454	1454	29 (2) permit terms or conditions; or
1455	1455	30 (3) a rule relating to growing cannabis.
1456	1456	31 (b) The commission may not impose a civil penalty under this
1457	1457	32 section that exceeds two thousand five hundred dollars ($2,500).
1458	1458	33 (c) Any civil penalties collected under this section shall be
1459	1459	34 deposited in the cannabis regulation fund established by
1460	1460	35 IC 7.1-8-2-12.
1461	1461	36 Sec. 10. (a) Except as provided in subsection (b), the commission
1462	1462	37 shall give a person who negligently violates this chapter a
1463	1463	38 reasonable time, determined by the commission, to correct the
1464	1464	39 violation without imposing a penalty under this chapter. However,
1465	1465	40 the commission may require the person who committed the
1466	1466	41 violation to comply with a corrective action plan determined by the
1467	1467	42 commission and report to the commission on compliance with the
1468	1468	2024 IN 1282—LS 6532/DI 106 35
1469	1469	1 corrective action plan.
1470	1470	2 (b) A person who commits a negligent violation of this chapter
1471	1471	3 three (3) times in a five (5) year period shall immediately be
1472	1472	4 ineligible to hold or work under a grower permit for five (5) years.
1473	1473	5 (c) If the commission believes that a person has knowingly or
1474	1474	6 intentionally violated this chapter, the commission shall notify:
1475	1475	7 (1) the superintendent of the state police department; and
1476	1476	8 (2) the prosecuting attorney of the county in which the
1477	1477	9 violation occurred;
1478	1478	10 of the violation.
1479	1479	11 (d) A person who commits a negligent violation under this
1480	1480	12 chapter is subject to a late fee as established by rules adopted by
1481	1481	13 the commission.
1482	1482	14 Sec. 11. The commission shall adopt rules under IC 4-22-2 to
1483	1483	15 implement and administer this chapter.
1484	1484	16 Sec. 12. (a) The commission may keep the:
1485	1485	17 (1) names of growers who are permitted under this chapter;
1486	1486	18 and
1487	1487	19 (2) locations of permitted cannabis crops;
1488	1488	20 confidential for purposes of IC 5-14-3.
1489	1489	21 (b) The commission may share confidential information under
1490	1490	22 subsection (a) with the state police department and law
1491	1491	23 enforcement officers (as defined in IC 35-31.5-2-185).
1492	1492	24 Sec. 13. A person not permitted under this chapter who
1493	1493	25 knowingly or intentionally:
1494	1494	26 (1) grows or sells cannabis; or
1495	1495	27 (2) sells cannabis seed;
1496	1496	28 commits a Level 6 felony.
1497	1497	29 Chapter 13. Processor Permits
1498	1498	30 Sec. 1. The commission may issue a cannabis processor permit
1499	1499	31 to a person who desires to process cannabis or cannabis products.
1500	1500	32 Sec. 2. The holder of a processor permit may do the following:
1501	1501	33 (1) Process cannabis or cannabis products.
1502	1502	34 (2) Place cannabis or cannabis products in containers for
1503	1503	35 retail sale.
1504	1504	36 (3) Sell and deliver cannabis or cannabis products to a person
1505	1505	37 holding a retailer permit issued under this article.
1506	1506	38 Sec. 3. (a) A processor to whom a permit has been issued under
1507	1507	39 this chapter may deposit that permit with the commission for a
1508	1508	40 period of up to two (2) years if the permittee is unable to
1509	1509	41 immediately operate the business to which the permit applies.
1510	1510	42 (b) If a permittee is unable to use the permit issued under this
1511	1511	2024 IN 1282—LS 6532/DI 106 36
1512	1512	1 article within two (2) years, the permit is forfeited to the
1513	1513	2 commission, unless the commission finds that a reasonable
1514	1514	3 extension is necessary due to construction delays or fire, flood,
1515	1515	4 tornado, or other natural disasters or acts of God.
1516	1516	5 Sec. 4. Cannabis and cannabis products must be transported
1517	1517	6 and distributed to and from a processor in packaging that contains
1518	1518	7 the following information:
1519	1519	8 (1) A scannable bar code or QR code linked to a document
1520	1520	9 that contains the:
1521	1521	10 (A) batch identification number of the cannabis or
1522	1522	11 cannabis products;
1523	1523	12 (B) product name;
1524	1524	13 (C) batch date;
1525	1525	14 (D) expiration date, which must be not more than two (2)
1526	1526	15 years from the date of manufacture;
1527	1527	16 (E) batch size;
1528	1528	17 (F) total quantity produced;
1529	1529	18 (G) ingredients used, including the:
1530	1530	19 (i) ingredient name;
1531	1531	20 (ii) name of the company that manufactured the
1532	1532	21 ingredient;
1533	1533	22 (iii) company or product identification number or code,
1534	1534	23 if applicable; and
1535	1535	24 (iv) ingredient lot number; and
1536	1536	25 (H) results of the quality assurance test conducted under
1537	1537	26 IC 7.1-8-18.
1538	1538	27 (2) The batch number.
1539	1539	28 (3) The Internet address of a website to obtain batch
1540	1540	29 information.
1541	1541	30 (4) The expiration date.
1542	1542	31 (5) The total number of milligrams of
1543	1543	32 delta-9-tetrahydrocannabinol (THC), including precursors.
1544	1544	33 (6) The grower.
1545	1545	34 Sec. 5. The commission shall impose an annual fee of thirty
1546	1546	35 thousand dollars ($30,000) on a processor permittee.
1547	1547	36 Chapter 14. Transport Permits
1548	1548	37 Sec. 1. The commission may issue a cannabis transport permit
1549	1549	38 to a person who is a carrier upon a showing of the reliability and
1550	1550	39 responsibility of the carrier and the appropriateness of issuing the
1551	1551	40 permit.
1552	1552	41 Sec. 2. The transportation of cannabis and cannabis products
1553	1553	42 for sale in Indiana is subject to the rules of the commission.
1554	1554	2024 IN 1282—LS 6532/DI 106 37
1555	1555	1 Cannabis and cannabis products may be transported and delivered
1556	1556	2 only in containers that are lawful under this article and permissible
1557	1557	3 under the rules of the commission.
1558	1558	4 Sec. 3. A transport permit is required for the transportation of
1559	1559	5 cannabis and cannabis products on a public highway in Indiana.
1560	1560	6 Sec. 4. (a) A carrier must hold a transport permit before the
1561	1561	7 carrier may transport cannabis or cannabis products on a public
1562	1562	8 highway.
1563	1563	9 (b) A person that is a direct or beneficial owner of a grower,
1564	1564	10 processor, retailer, or safety compliance facility permit issued
1565	1565	11 under this article may not hold a transport permit.
1566	1566	12 Sec. 5. (a) A carrier to whom a permit has been issued under
1567	1567	13 this chapter may deposit that permit with the commission for a
1568	1568	14 period of one (1) year if the permittee is unable to immediately
1569	1569	15 operate the business to which the permit applies.
1570	1570	16 (b) If a permittee is unable to use the permit issued under this
1571	1571	17 article within one (1) year, the permit is forfeited to the
1572	1572	18 commission, unless the commission finds that a reasonable
1573	1573	19 extension is necessary due to construction delays or fire, flood,
1574	1574	20 tornado, or other natural disasters or acts of God.
1575	1575	21 Sec. 6. (a) A carrier may not transport cannabis or cannabis
1576	1576	22 products on a vehicle owned or operated by the carrier unless the
1577	1577	23 carrier has filed a description of the vehicle with the commission.
1578	1578	24 (b) The description of a vehicle used to transport cannabis or
1579	1579	25 cannabis products must include:
1580	1580	26 (1) the engine number;
1581	1581	27 (2) the date of manufacture;
1582	1582	28 (3) the approximate weight;
1583	1583	29 (4) the vehicle identification number;
1584	1584	30 (5) the license plate number;
1585	1585	31 (6) the capacity; and
1586	1586	32 (7) any other information that the commission may require.
1587	1587	33 (c) The permittee may alter or add to the number of vehicles
1588	1588	34 included under the permit at any time.
1589	1589	35 Sec. 7. (a) A carrier must transmit a copy of its route plan and
1590	1590	36 manifest to the safety compliance facility as required by
1591	1591	37 IC 7.1-8-18, and a copy of each must be carried in the transporting
1592	1592	38 vehicle and presented to a law enforcement officer or commission
1593	1593	39 enforcement officer upon request.
1594	1594	40 (b) The commission may inspect shipments of cannabis or
1595	1595	41 cannabis products in transit and the vehicle used in the
1596	1596	42 transportation.
1597	1597	2024 IN 1282—LS 6532/DI 106 38
1598	1598	1 Sec. 8. The commission shall impose an annual fee of five
1599	1599	2 thousand dollars ($5,000) on a transport permittee.
1600	1600	3 Sec. 9. A transport permittee who knowingly or intentionally
1601	1601	4 transports cannabis or cannabis products in a vehicle for which the
1602	1602	5 permittee has not filed a description under this chapter commits a
1603	1603	6 Class A misdemeanor.
1604	1604	7 Chapter 15. Retailer Permits
1605	1605	8 Sec. 1. The commission may issue a cannabis retailer permit to
1606	1606	9 a person who desires to sell cannabis or cannabis products to
1607	1607	10 customers for consumption.
1608	1608	11 Sec. 2. (a) The commission may grant only one (1) retailer
1609	1609	12 permit per twenty-five thousand (25,000) persons statewide.
1610	1610	13 (b) Only two hundred sixty-nine (269) active retailer permits
1611	1611	14 may be issued at any one (1) time.
1612	1612	15 (c) A county may not have more retailer permits than its census
1613	1613	16 population divided by twenty-five thousand (25,000).
1614	1614	17 (d) No single retailer permittee may own more than twenty-five
1615	1615	18 percent (25%) of available permits.
1616	1616	19 Sec. 3. (a) The holder of a retailer permit may purchase
1617	1617	20 cannabis or cannabis products only from a permittee permitted
1618	1618	21 under this article. A retailer may possess cannabis or cannabis
1619	1619	22 products and sell it at retail for consumption to a customer who is
1620	1620	23 at least twenty-one (21) years of age.
1621	1621	24 (b) A retailer may sell cannabis or cannabis products at
1622	1622	25 wholesale.
1623	1623	26 (c) A retailer may sell and deliver cannabis or cannabis
1624	1624	27 products for carry out and for at home delivery without a
1625	1625	28 transport permit.
1626	1626	29 Sec. 4. (a) A retailer to which a permit has been issued under
1627	1627	30 this chapter may deposit the permit with the commission for a
1628	1628	31 period of one (1) year if the permittee is unable to immediately
1629	1629	32 operate the business to which the permit applies.
1630	1630	33 (b) If a permittee is unable to use the permit issued under this
1631	1631	34 article within one (1) year, the permit is forfeited to the
1632	1632	35 commission, unless the commission finds that a reasonable
1633	1633	36 extension is necessary due to construction delays or fire, flood,
1634	1634	37 tornado, or other natural disasters or acts of God.
1635	1635	38 Sec. 5. (a) A retailer may not:
1636	1636	39 (1) operate within one thousand (1,000) feet of an elementary
1637	1637	40 or secondary school;
1638	1638	41 (2) allow a customer to sample or consume cannabis or a
1639	1639	42 cannabis product on the premises;
1640	1640	2024 IN 1282—LS 6532/DI 106 39
1641	1641	1 (3) permit a customer to purchase more than four (4) ounces
1642	1642	2 of cannabis or twenty-five (25) grams of cannabis concentrate
1643	1643	3 per day; or
1644	1644	4 (4) sell cannabis or a cannabis product in a unitary
1645	1645	5 transaction (as defined in IC 6-2.5-1-1) or bundled transaction
1646	1646	6 (as defined in IC 6-2.5-1-11.5).
1647	1647	7 (b) A person who knowingly or intentionally violates this section
1648	1648	8 commits a Level 6 felony.
1649	1649	9 Sec. 6. The commission shall impose an annual fee of one
1650	1650	10 thousand dollars ($1,000) on a retailer permittee.
1651	1651	11 Sec. 7. (a) All sales of cannabis and cannabis products must be
1652	1652	12 accompanied by an invoice showing the following:
1653	1653	13 (1) The name and address of the seller and the purchaser.
1654	1654	14 (2) The date of sale.
1655	1655	15 (3) The name of each brand sold.
1656	1656	16 (4) The number of packages, if any.
1657	1657	17 (5) The number of cases by size and type of container.
1658	1658	18 (6) The quantity of each kind of cannabis or cannabis product
1659	1659	19 sold.
1660	1660	20 (b) The permittee must transmit an invoice to the commission
1661	1661	21 in accordance with rules adopted by the commission.
1662	1662	22 Sec. 8. Except as provided in IC 7.1-8-16, a unit may not
1663	1663	23 regulate cannabis or cannabis products.
1664	1664	24 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
1665	1665	25 Sec. 1. (a) Before July 1, 2025, the legislative body of a county
1666	1666	26 may adopt a resolution to place a public question on the ballot to
1667	1667	27 prohibit cannabis retail licensure within the county. The legislative
1668	1668	28 body shall determine whether to place the public question on the
1669	1669	29 primary election ballot, on the general election ballot, or on a
1670	1670	30 special election ballot.
1671	1671	31 (b) As soon as practicable after adopting the resolution under
1672	1672	32 subsection (a), the legislative body shall send a certified copy of the
1673	1673	33 resolution to the commission and the county circuit court clerk.
1674	1674	34 Sec. 2. A prohibition against cannabis retail licensure under this
1675	1675	35 chapter prevails if a majority of the individuals who vote on the
1676	1676	36 public question approves the prohibition.
1677	1677	37 Sec. 3. The public question to be submitted to the voters must
1678	1678	38 read as follows:
1679	1679	39 "Shall the county prohibit cannabis retail licensure for five (5)
1680	1680	40 years immediately following the holding of the referendum?
1681	1681	41 If this public question is approved by the voters, cannabis
1682	1682	42 retailers will be prohibited from licensing premises in the
1683	1683	2024 IN 1282—LS 6532/DI 106 40
1684	1684	1 county for five (5) years.".
1685	1685	2 Sec. 4. Each circuit court clerk shall, upon receiving the
1686	1686	3 question approved by the legislative body of a county under this
1687	1687	4 chapter, call a meeting of the county election board to certify the
1688	1688	5 question and make arrangements for the referendum.
1689	1689	6 Sec. 5. (a) The referendum shall be held in the next primary
1690	1690	7 election or general election in which all the registered voters who
1691	1691	8 are residents of the county are entitled to vote after adoption of the
1692	1692	9 resolution under section 1 of this chapter. The certification of the
1693	1693	10 question must occur not later than noon:
1694	1694	11 (1) seventy-four (74) days before a primary election if the
1695	1695	12 question is to be placed on the primary election ballot; or
1696	1696	13 (2) August 1 if the question is to be placed on the general
1697	1697	14 election ballot.
1698	1698	15 (b) However, if a primary election or general election will not be
1699	1699	16 held during the first year in which the public question is eligible to
1700	1700	17 be placed on the ballot under this chapter, and if the county
1701	1701	18 requests the public question to be placed on the ballot at a special
1702	1702	19 election, the public question shall be placed on the ballot at a
1703	1703	20 special election to be held on the first Tuesday after the first
1704	1704	21 Monday in May or November of the year. The certification must
1705	1705	22 occur not later than noon:
1706	1706	23 (1) sixty (60) days before a special election to be held in May
1707	1707	24 (if the special election is to be held in May); or
1708	1708	25 (2) August 1 (if the special election is to be held in November).
1709	1709	26 (c) If the referendum is not conducted at a primary election or
1710	1710	27 general election, the county in which the special election is to be
1711	1711	28 held shall pay all the costs of holding the special election.
1712	1712	29 Sec. 6. Each county election board shall cause:
1713	1713	30 (1) the question certified to the circuit court clerk by the
1714	1714	31 legislative body of a county to be placed on the ballot in the
1715	1715	32 form prescribed by IC 3-10-9; and
1716	1716	33 (2) an adequate supply of ballots and voting equipment to be
1717	1717	34 delivered to the precinct election board of each precinct in
1718	1718	35 which the referendum is to be held.
1719	1719	36 Sec. 7. (a) Except as provided in subsection (b), every registered
1720	1720	37 voter who resides in the county may vote on the public question.
1721	1721	38 (b) An individual who changes residence from a location within
1722	1722	39 the county to a location outside of the county less than thirty (30)
1723	1723	40 days before an election under this chapter may not vote on the
1724	1724	41 public question.
1725	1725	42 Sec. 8. Each precinct election board shall count the affirmative
1726	1726	2024 IN 1282—LS 6532/DI 106 41
1727	1727	1 votes and the negative votes cast concerning the public question,
1728	1728	2 and shall certify those two (2) totals to the county election board of
1729	1729	3 the county. The circuit court clerk shall, immediately after the
1730	1730	4 votes have been counted, certify the results of the public question
1731	1731	5 to the commission and the county legislative body.
1732	1732	6 Sec. 9. (a) Except as otherwise provided in this section, during
1733	1733	7 the period beginning with the adoption of a resolution by the
1734	1734	8 legislative body of a county to place a public question on the ballot
1735	1735	9 and continuing through the day on which the public question is
1736	1736	10 submitted to the voters, the county legislative body may not
1737	1737	11 promote a position on the referendum by doing any of the
1738	1738	12 following:
1739	1739	13 (1) Using facilities or equipment, including mail and
1740	1740	14 messaging systems, owned by the county to promote a position
1741	1741	15 on the public question, unless equal access to the facilities or
1742	1742	16 equipment is given to persons with a position opposite to that
1743	1743	17 of the county legislative body.
1744	1744	18 (2) Making an expenditure of money from a fund controlled
1745	1745	19 by the county to promote a position on the public question.
1746	1746	20 (3) Using an employee to promote a position on the public
1747	1747	21 question during the employee's normal working hours or paid
1748	1748	22 overtime, or otherwise compelling an employee to promote a
1749	1749	23 position on the public question at any time. However, if a
1750	1750	24 person described in subsection (c) is advocating for or against
1751	1751	25 a position on the public question or discussing the public
1752	1752	26 question as authorized under subsection (c), an employee of
1753	1753	27 the county may assist the person in presenting information on
1754	1754	28 the public question, if requested to do so by the person
1755	1755	29 described in subsection (c).
1756	1756	30 However, this section does not prohibit an official or employee of
1757	1757	31 the county from carrying out duties with respect to a public
1758	1758	32 question that are part of the normal and regular conduct of the
1759	1759	33 official's or employee's office or agency, including the furnishing
1760	1760	34 of factual information regarding the public question in response to
1761	1761	35 inquiries from any person.
1762	1762	36 (b) This subsection does not apply to:
1763	1763	37 (1) a personal expenditure to promote a position on a public
1764	1764	38 question by an employee of a county whose employment is
1765	1765	39 governed by a collective bargaining contract or an
1766	1766	40 employment contract; or
1767	1767	41 (2) an expenditure to promote a position on a public question
1768	1768	42 by a person or an organization that has a contract or an
1769	1769	2024 IN 1282—LS 6532/DI 106 42
1770	1770	1 arrangement (whether formal or informal) with the county
1771	1771	2 solely for the use of the county's facilities.
1772	1772	3 A person or an organization that has a contract or arrangement
1773	1773	4 (whether formal or informal) with a county to provide goods or
1774	1774	5 services to the county may not spend any money to promote a
1775	1775	6 position on the public question. A violation of this subsection is a
1776	1776	7 Class A infraction.
1777	1777	8 (c) Notwithstanding any other law, an elected or appointed
1778	1778	9 member of the county legislative body may at any time:
1779	1779	10 (1) personally advocate for or against a position on a public
1780	1780	11 question; or
1781	1781	12 (2) discuss the public question with any individual, group, or
1782	1782	13 organization or personally advocate for or against a position
1783	1783	14 on a public question before any individual, group, or
1784	1784	15 organization;
1785	1785	16 so long as it is not done by using public funds. Advocacy or
1786	1786	17 discussion allowed under this subsection is not considered a use of
1787	1787	18 public funds.
1788	1788	19 Chapter 17. Statewide Monitoring System
1789	1789	20 Sec. 1. The commission shall establish a statewide monitoring
1790	1790	21 system for use as an integrated cannabis tracking, inventory, and
1791	1791	22 verification system. The statewide monitoring system must allow
1792	1792	23 for interface with third party inventory control and tracking
1793	1793	24 systems to provide for access by the state, permittees, and law
1794	1794	25 enforcement personnel, to the extent that they need and are
1795	1795	26 authorized to receive or submit the information, to comply with,
1796	1796	27 enforce, or administer this article.
1797	1797	28 Sec. 2. At a minimum, the statewide monitoring system must be
1798	1798	29 capable of storing and providing access to information that, in
1799	1799	30 conjunction with one (1) or more third party inventory control and
1800	1800	31 tracking systems, allows the following:
1801	1801	32 (1) Retention of a record of the date, time, quantity, and price
1802	1802	33 of each sale or transfer of cannabis or cannabis products.
1803	1803	34 (2) Determination of whether a particular sale or transfer
1804	1804	35 transaction will exceed the permissible limit established under
1805	1805	36 this article.
1806	1806	37 (3) Effective monitoring of cannabis seed to sale transfers.
1807	1807	38 (4) Receipt and integration of information from third party
1808	1808	39 inventory control and tracking systems.
1809	1809	40 Sec. 3. The commission shall seek bids under IC 5-22 to
1810	1810	41 establish, operate, and maintain the statewide monitoring system
1811	1811	42 under this chapter. The commission shall do the following:
1812	1812	2024 IN 1282—LS 6532/DI 106 43
1813	1813	1 (1) Evaluate bidders based on the cost of the service and the
1814	1814	2 ability to meet all requirements of this article.
1815	1815	3 (2) Give strong consideration to the bidder's ability to prevent
1816	1816	4 fraud, abuse, and other unlawful or prohibited activities
1817	1817	5 associated with the commercial trade in cannabis, and the
1818	1818	6 ability to provide additional tools for the administration and
1819	1819	7 enforcement of this article.
1820	1820	8 (3) Institute procedures to ensure that the contract awardee
1821	1821	9 does not disclose or use the information in the statewide
1822	1822	10 monitoring system for any use or purpose except for the
1823	1823	11 enforcement, oversight, and implementation of this article.
1824	1824	12 (4) Require the contract awardee to deliver the functioning
1825	1825	13 system within one hundred twenty (120) days after award of
1826	1826	14 the contract.
1827	1827	15 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
1828	1828	16 implement this chapter.
1829	1829	17 Chapter 18. Safety Compliance Facility Permit
1830	1830	18 Sec. 1. The commission may issue a cannabis safety compliance
1831	1831	19 facility permit to a person who desires to test cannabis and
1832	1832	20 cannabis products for transfer, sale, and consumption in Indiana.
1833	1833	21 Sec. 2. A person who has a direct or indirect ownership interest
1834	1834	22 in a grower, processor, transport, or retailer permit may not have
1835	1835	23 a direct or indirect ownership interest in a safety compliance
1836	1836	24 facility or a safety compliance facility permit.
1837	1837	25 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
1838	1838	26 establish a proficiency testing program and designate safety
1839	1839	27 compliance facility participation that, at a minimum, comply with
1840	1840	28 reasonable and customary industry standards.
1841	1841	29 Sec. 4. (a) A safety compliance facility to which a permit has
1842	1842	30 been issued under this chapter may deposit that permit with the
1843	1843	31 commission for a period of one (1) year if the permittee is unable
1844	1844	32 to immediately operate the facility.
1845	1845	33 (b) If a permittee is unable to use the permit issued under this
1846	1846	34 article within one (1) year, the permit is forfeited to the
1847	1847	35 commission.
1848	1848	36 Sec. 5. (a) A safety compliance facility must test samples as
1849	1849	37 provided in this chapter and pursuant to rules adopted by the
1850	1850	38 commission.
1851	1851	39 (b) A safety compliance facility shall collect samples of cannabis
1852	1852	40 and cannabis products from another cannabis permittee. Every
1853	1853	41 cannabis permittee shall permit and assist the safety compliance
1854	1854	42 facility in the collection of samples for testing.
1855	1855	2024 IN 1282—LS 6532/DI 106 44
1856	1856	1 (c) The safety compliance facility shall take a physical sample of
1857	1857	2 the cannabis or cannabis product from another cannabis permittee
1858	1858	3 to be tested at the safety compliance facility.
1859	1859	4 (d) The safety compliance facility must develop a statistically
1860	1860	5 valid sampling method to collect a representative sample from each
1861	1861	6 batch of cannabis or cannabis product.
1862	1862	7 Sec. 6. (a) A safety compliance facility must comply with all the
1863	1863	8 following:
1864	1864	9 (1) The safety compliance facility shall ensure that samples of
1865	1865	10 the cannabis or cannabis product are identified in the
1866	1866	11 statewide monitoring system and placed in secured, sealed
1867	1867	12 containers that bear the labeling required under the rules of
1868	1868	13 the commission.
1869	1869	14 (2) A carrier's route plan and manifest that have been
1870	1870	15 transmitted to the facility must be entered into the statewide
1871	1871	16 monitoring system.
1872	1872	17 (3) The cannabis or cannabis product must be transported in
1873	1873	18 one (1) or more sealed containers and not be accessible while
1874	1874	19 in transit.
1875	1875	20 (4) The vehicle a safety compliance facility uses to transport
1876	1876	21 samples of cannabis or cannabis products may not bear
1877	1877	22 markings or other indication that it is carrying cannabis or a
1878	1878	23 cannabis product.
1879	1879	24 (b) Except as otherwise required by the commission, the safety
1880	1880	25 compliance facility shall collect a sample size that is:
1881	1881	26 (1) sufficient to complete all required analyses; and
1882	1882	27 (2) not less than one-half percent (0.5%) of the weight of the
1883	1883	28 harvest batch.
1884	1884	29 (c) At least fifty percent (50%) of the sample taken must be
1885	1885	30 homogenized for testing.
1886	1886	31 (d) The safety compliance facility shall report all testing results
1887	1887	32 to the commission on a quarterly basis, including the rate of
1888	1888	33 failure.
1889	1889	34 Sec. 7. A safety compliance facility must do all of the following:
1890	1890	35 (1) Become fully accredited to the International Organization
1891	1891	36 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
1892	1892	37 ILAC recognized accreditation body or by an entity approved
1893	1893	38 by the commission within one (1) year after the date the
1894	1894	39 permit is issued, and agree to have the inspections and reports
1895	1895	40 of the ISO made available to the commission.
1896	1896	41 (2) Maintain internal standard operating procedures.
1897	1897	42 (3) Maintain a quality control and quality assurance program.
1898	1898	2024 IN 1282—LS 6532/DI 106 45
1899	1899	1 Sec. 8. The commission may publish sample sizes for other
1900	1900	2 cannabis or cannabis products being tested.
1901	1901	3 Sec. 9. A cannabis permittee must allow the safety compliance
1902	1902	4 facility to have access to its entire batch for the purposes of
1903	1903	5 sampling.
1904	1904	6 Sec. 10. (a) An employee of the cannabis permittee from which
1905	1905	7 the cannabis or cannabis product test samples are being taken shall
1906	1906	8 be physically present to observe the safety compliance facility
1907	1907	9 employee collect the samples of cannabis or cannabis product for
1908	1908	10 testing. The employee shall ensure that the correct sample
1909	1909	11 increments are taken from throughout the batch.
1910	1910	12 (b) An employee of a cannabis permittee may not:
1911	1911	13 (1) be directly involved in the testing performed by the safety
1912	1912	14 compliance facility employee; or
1913	1913	15 (2) touch the cannabis or cannabis product or the sampling
1914	1914	16 equipment while the safety compliance facility employee is
1915	1915	17 obtaining the sample.
1916	1916	18 Sec. 11. (a) After samples have been selected, both the employee
1917	1917	19 of the cannabis permittee and the employee of the safety
1918	1918	20 compliance facility shall sign and date a chain of custody form,
1919	1919	21 attesting to the accuracy of the following sample information:
1920	1920	22 (1) The name of the cannabis or cannabis product.
1921	1921	23 (2) The weight of the cannabis or cannabis product.
1922	1922	24 (3) That all cannabis and cannabis products and samples are
1923	1923	25 correctly identified in the statewide monitoring system.
1924	1924	26 (4) If the cannabis or cannabis product test sample is obtained
1925	1925	27 for a retest, the safety compliance facility confirms that it is
1926	1926	28 not accepting a cannabis or cannabis product test sample that
1927	1927	29 is prohibited from being retested.
1928	1928	30 (b) The cannabis permittee shall enter in the statewide
1929	1929	31 monitoring system the cannabis or cannabis product test sample
1930	1930	32 that is collected by a permitted safety compliance facility, including
1931	1931	33 the date and time the cannabis or cannabis product is collected and
1932	1932	34 transferred. The safety compliance facility shall enter into the
1933	1933	35 statewide monitoring system the test results within three (3)
1934	1934	36 business days of test completion.
1935	1935	37 (c) If a testing sample is collected from a cannabis permittee for
1936	1936	38 testing in the statewide monitoring system, that cannabis permittee
1937	1937	39 shall quarantine the cannabis or cannabis product that is
1938	1938	40 undergoing the testing from any other cannabis or cannabis
1939	1939	41 products at the cannabis permittee location. The quarantined
1940	1940	42 cannabis or cannabis product must not be packaged, transferred,
1941	1941	2024 IN 1282—LS 6532/DI 106 46
1942	1942	1 or sold until passing test results are entered into the statewide
1943	1943	2 monitoring system.
1944	1944	3 (d) A safety compliance facility may collect additional sample
1945	1945	4 material from the same permittee from which the original sample
1946	1946	5 was collected for the purposes of completing the required safety
1947	1947	6 tests as long as the requirements of this chapter are met.
1948	1948	7 (e) The commission may publish guidance that must be followed
1949	1949	8 by cannabis permittees for chain of custody documentation.
1950	1950	9 Sec. 12. A safety compliance facility shall use analytical testing
1951	1951	10 methodologies for the required quality assurance tests under this
1952	1952	11 chapter that are validated. The tests may be monitored on an
1953	1953	12 ongoing basis by the commission. The facility's methodology must
1954	1954	13 follow one (1) of the following:
1955	1955	14 (1) The most current version of the Cannabis Inflorescence:
1956	1956	15 Standards of Identity, Analysis, and Quality Control
1957	1957	16 monograph published by the American Herbal
1958	1958	17 Pharmacopoeia.
1959	1959	18 (2) An alternative testing methodology approved by the
1960	1960	19 commission and validated by an independent third party that
1961	1961	20 the methodology followed by the safety compliance facility
1962	1962	21 produces scientifically accurate results as quality assurance
1963	1963	22 for each test it conducts.
1964	1964	23 Sec. 13. A safety compliance facility shall conduct quality
1965	1965	24 assurance tests that test for all of the following:
1966	1966	25 (1) Moisture content.
1967	1967	26 (2) Potency analysis.
1968	1968	27 (3) Tetrahydrocannabinol level.
1969	1969	28 (4) Tetrahydrocannabinol acid level.
1970	1970	29 (5) Cannabidiol and cannabidiol acid levels.
1971	1971	30 (6) Foreign matter inspection.
1972	1972	31 (7) Microbial and mycotoxin screening.
1973	1973	32 (8) Pesticides.
1974	1974	33 (9) Chemical residue.
1975	1975	34 (10) Fungicides.
1976	1976	35 (11) Insecticides.
1977	1977	36 (12) Metals screening.
1978	1978	37 (13) Residual solvents levels.
1979	1979	38 (14) Terpene analysis.
1980	1980	39 (15) Water activity content.
1981	1981	40 Sec. 14. The commission, in consultation with the state seed
1982	1982	41 commissioner and the department of agriculture, shall publish a
1983	1983	42 list of approved pesticides for use in the growing and production of
1984	1984	2024 IN 1282—LS 6532/DI 106 47
1985	1985	1 cannabis and cannabis products to be sold or transferred in
1986	1986	2 Indiana.
1987	1987	3 Sec. 15. The commission shall take immediate disciplinary
1988	1988	4 action against any safety compliance facility that fails to comply
1989	1989	5 with the provisions of this article or falsifies records related to this
1990	1990	6 article, including any sanctions or fines, or both.
1991	1991	7 Sec. 16. A safety compliance facility is prohibited from doing
1992	1992	8 any of the following:
1993	1993	9 (1) Desiccating samples.
1994	1994	10 (2) Dry labeling samples.
1995	1995	11 (3) Pretesting samples.
1996	1996	12 Sec. 17. A safety compliance facility shall comply with random
1997	1997	13 quality assurance compliance checks upon the request of the
1998	1998	14 commission. The commission or its authorized agents may collect
1999	1999	15 a random sample of cannabis or cannabis product from a safety
2000	2000	16 compliance facility or designate another safety compliance facility
2001	2001	17 to collect a random sample of cannabis or cannabis product in a
2002	2002	18 secure manner to test that sample for quality assurance compliance
2003	2003	19 pursuant to this rule.
2004	2004	20 Sec. 18. (a) A safety compliance facility may retest cannabis or
2005	2005	21 cannabis products that have failed initial safety testing, except as
2006	2006	22 indicated under subsection (c).
2007	2007	23 (b) A failed cannabis product must pass two (2) separate retests
2008	2008	24 with new samples consecutively to be eligible to proceed to sale or
2009	2009	25 transfer.
2010	2010	26 (c) The commission may publish a remediation protocol that
2011	2011	27 addresses, among other things, the sale or transfer of cannabis or
2012	2012	28 cannabis products after a failed safety test.
2013	2013	29 (d) The cannabis permittee that provided the sample is
2014	2014	30 responsible for all costs involved in a retest.
2015	2015	31 Sec. 19. (a) As used in this section, "research and development
2016	2016	32 testing" means optional testing performed before final compliance
2017	2017	33 testing.
2018	2018	34 (b) The commission may not take punitive action against a
2019	2019	35 cannabis permittee for conducting research and development
2020	2020	36 testing.
2021	2021	37 (c) The commission may adopt rules or publish guidance for
2022	2022	38 research and development testing.
2023	2023	39 (d) A permittee conducting research and development testing
2024	2024	40 must enter the testing and any other information required by the
2025	2025	41 commission into the statewide monitoring system.
2026	2026	42 Chapter 19. Violations
2027	2027	2024 IN 1282—LS 6532/DI 106 48
2028	2028	1 Sec. 1. If a permit holder violates this article, the permit holder
2029	2029	2 may be publicly reprimanded, assessed a civil penalty, or have the
2030	2030	3 permit revoked or suspended.
2031	2031	4 Sec. 2. (a) The commission may assess a civil penalty for a
2032	2032	5 violation of this article in an amount that does not exceed fifty
2033	2033	6 thousand dollars ($50,000). A civil penalty may be assessed in
2034	2034	7 addition to other penalties allowed under this article.
2035	2035	8 (b) A civil penalty assessed under this section shall be deposited
2036	2036	9 in the cannabis regulation fund established by IC 7.1-8-2-12.
2037	2037	10 Sec. 3. A person who recklessly, knowingly, or intentionally
2038	2038	11 provides cannabis or cannabis products to a person less than
2039	2039	12 twenty-one (21) years of age commits a Class B misdemeanor.
2040	2040	13 However, the offense is:
2041	2041	14 (1) a Class A misdemeanor if the person has a prior unrelated
2042	2042	15 conviction under this section; and
2043	2043	16 (2) a Level 6 felony if the use of the cannabis or cannabis
2044	2044	17 products is the proximate cause of the serious bodily injury or
2045	2045	18 death of any person.
2046	2046	19 Sec. 4. (a) A person who knowingly or intentionally:
2047	2047	20 (1) rents property; or
2048	2048	21 (2) provides or arranges for the use of property;
2049	2049	22 for the purpose of allowing or enabling a person less than
2050	2050	23 twenty-one (21) years of age to use cannabis or cannabis products
2051	2051	24 on the property commits a Class C infraction. However, the
2052	2052	25 violation is a Class B misdemeanor if the person has a prior
2053	2053	26 unrelated adjudication or conviction for a violation of this section
2054	2054	27 within the previous five (5) years.
2055	2055	28 (b) This section may not be construed to impose civil or criminal
2056	2056	29 liability upon any postsecondary educational institution, including
2057	2057	30 public and private universities and colleges, business schools,
2058	2058	31 vocational schools, and schools for continuing education, or its
2059	2059	32 agents for injury to any person or property sustained in
2060	2060	33 consequence of a violation of this section unless the institution or
2061	2061	34 its agent:
2062	2062	35 (1) sells, barters, exchanges, provides, or furnishes cannabis
2063	2063	36 or cannabis products to a person less than twenty-one (21)
2064	2064	37 years of age; or
2065	2065	38 (2) either:
2066	2066	39 (A) rents property; or
2067	2067	40 (B) provides or arranges for the use of property;
2068	2068	41 for the purpose of allowing or enabling a person less than
2069	2069	42 twenty-one (21) years of age to consume cannabis or cannabis
2070	2070	2024 IN 1282—LS 6532/DI 106 49
2071	2071	1 products on the property.
2072	2072	2 Sec. 5. (a) It is a Class C infraction for a person less than
2073	2073	3 twenty-one (21) years of age to enter the premises of a retailer or
2074	2074	4 other location where cannabis or cannabis products are provided.
2075	2075	5 (b) It is a Class C infraction for a parent, guardian, trustee, or
2076	2076	6 other person having custody of a child less than eighteen (18) years
2077	2077	7 of age to take that child into a retailer or other location where
2078	2078	8 cannabis or cannabis products are provided.
2079	2079	9 (c) It is a Class C infraction for a permittee to permit the parent,
2080	2080	10 guardian, trustee, or other person having custody of a child less
2081	2081	11 than eighteen (18) years of age to be with the child in a retailer or
2082	2082	12 other location where cannabis or cannabis products are provided.
2083	2083	13 Sec. 6. A person who knowingly or intentionally employs a
2084	2084	14 person less than twenty-one (21) years of age:
2085	2085	15 (1) where cannabis or cannabis products are provided; and
2086	2086	16 (2) in a capacity which requires or allows the person less than
2087	2087	17 twenty-one (21) years of age to provide or otherwise deal in
2088	2088	18 cannabis or cannabis products;
2089	2089	19 commits a Class B misdemeanor.
2090	2090	20 Sec. 7. A person who is at least twenty-one (21) years of age who
2091	2091	21 knowingly or intentionally aids, induces, or causes a person less
2092	2092	22 than twenty-one (21) years of age to unlawfully possess cannabis or
2093	2093	23 cannabis products commits a Class C infraction.
2094	2094	24 Sec. 8. (a) Notwithstanding any other law, an enforcement
2095	2095	25 officer with police powers may engage a person who is:
2096	2096	26 (1) at least eighteen (18) years of age; and
2097	2097	27 (2) less than twenty-one (21) years of age;
2098	2098	28 to receive or purchase cannabis or cannabis products as part of an
2099	2099	29 enforcement action under this article.
2100	2100	30 (b) The initial or contemporaneous receipt or purchase of
2101	2101	31 cannabis or cannabis products under this section by a person
2102	2102	32 described in subsection (a) must:
2103	2103	33 (1) occur under the direction of an enforcement officer vested
2104	2104	34 with full police powers and duties; and
2105	2105	35 (2) be a part of the enforcement action.
2106	2106	36 Chapter 20. Professional Services
2107	2107	37 Sec. 1. A person licensed under IC 25 does not commit a crime
2108	2108	38 or an infraction under Indiana law solely for providing
2109	2109	39 professional services to persons permitted to engage in an activity
2110	2110	40 authorized by this article.
2111	2111	41 Chapter 21. Employment
2112	2112	42 Sec. 1. Nothing in this article prohibits an employer from
2113	2113	2024 IN 1282—LS 6532/DI 106 50
2114	2114	1 mandating drug screening for employees or from taking an adverse
2115	2115	2 employment action against an employee who tests positive for
2116	2116	3 cannabis use.
2117	2117	4 Chapter 22. Appropriation
2118	2118	5 Sec. 1. There is appropriated to the commission from the state
2119	2119	6 general fund, from money not otherwise appropriated, a sum
2120	2120	7 sufficient to defray the expenses incurred by the commission in the
2121	2121	8 implementation and administration of this article.
2122	2122	9 SECTION 5. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
2123	2123	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2124	2124	11 JULY 1, 2024]: Sec. 1. (a) A person who operates a vehicle with an
2125	2125	12 alcohol concentration equivalent to at least eight-hundredths (0.08)
2126	2126	13 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
2127	2127	14 per:
2128	2128	15 (1) one hundred (100) milliliters of the person's blood; or
2129	2129	16 (2) two hundred ten (210) liters of the person's breath;
2130	2130	17 commits a Class C misdemeanor.
2131	2131	18 (b) A person who operates a vehicle with an alcohol concentration
2132	2132	19 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
2133	2133	20 (1) one hundred (100) milliliters of the person's blood; or
2134	2134	21 (2) two hundred ten (210) liters of the person's breath;
2135	2135	22 commits a Class A misdemeanor.
2136	2136	23 (c) A person who operates a vehicle with a controlled substance
2137	2137	24 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
2138	2138	25 blood commits a Class C misdemeanor.
2139	2139	26 (d) It is a defense to subsection (c) that:
2140	2140	27 (1) the accused person consumed the controlled substance in
2141	2141	28 accordance with a valid prescription or order of a practitioner (as
2142	2142	29 defined in IC 35-48-1) who acted in the course of the
2143	2143	30 practitioner's professional practice; or
2144	2144	31 (2) the:
2145	2145	32 (A) controlled substance is marijuana or a metabolite of
2146	2146	33 marijuana; and
2147	2147	34 (B) person was not intoxicated.
2148	2148	35 (C) person did not cause a traffic accident; and
2149	2149	36 (D) substance was identified by means of a chemical test taken
2150	2150	37 pursuant to IC 9-30-7.
2151	2151	38 SECTION 6. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
2152	2152	39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2153	2153	40 JULY 1, 2024]: Sec. 4. (a) A person who causes serious bodily injury
2154	2154	41 to another person when operating a vehicle:
2155	2155	42 (1) with an alcohol concentration equivalent to at least
2156	2156	2024 IN 1282—LS 6532/DI 106 51
2157	2157	1 eight-hundredths (0.08) gram of alcohol per:
2158	2158	2 (A) one hundred (100) milliliters of the person's blood; or
2159	2159	3 (B) two hundred ten (210) liters of the person's breath;
2160	2160	4 (2) with a controlled substance listed in schedule I or II of
2161	2161	5 IC 35-48-2 or its metabolite in the person's blood; or
2162	2162	6 (3) while intoxicated;
2163	2163	7 commits a Level 5 felony. However, the offense is a Level 4 felony if
2164	2164	8 the person has a previous conviction of operating while intoxicated
2165	2165	9 within the five (5) years preceding the commission of the offense.
2166	2166	10 (b) A person who violates subsection (a) commits a separate offense
2167	2167	11 for each person whose serious bodily injury is caused by the violation
2168	2168	12 of subsection (a).
2169	2169	13 (c) It is a defense under subsection (a)(2) that:
2170	2170	14 (1) the accused person consumed the controlled substance in
2171	2171	15 accordance with a valid prescription or order of a practitioner (as
2172	2172	16 defined in IC 35-48-1) who acted in the course of the
2173	2173	17 practitioner's professional practice; or
2174	2174	18 (2) the:
2175	2175	19 (A) controlled substance is marijuana or a metabolite of
2176	2176	20 marijuana; and
2177	2177	21 (B) person was not intoxicated.
2178	2178	22 SECTION 7. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
2179	2179	23 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2180	2180	24 JULY 1, 2024]: Sec. 5. (a) A person who causes the death or
2181	2181	25 catastrophic injury of another person when operating a vehicle:
2182	2182	26 (1) with an alcohol concentration equivalent to at least
2183	2183	27 eight-hundredths (0.08) gram of alcohol per:
2184	2184	28 (A) one hundred (100) milliliters of the person's blood; or
2185	2185	29 (B) two hundred ten (210) liters of the person's breath;
2186	2186	30 (2) with a controlled substance listed in schedule I or II of
2187	2187	31 IC 35-48-2 or its metabolite in the person's blood; or
2188	2188	32 (3) while intoxicated;
2189	2189	33 commits a Level 4 felony.
2190	2190	34 (b) A person who causes the death of a law enforcement animal (as
2191	2191	35 defined in IC 35-46-3-4.5) when operating a vehicle:
2192	2192	36 (1) with an alcohol concentration equivalent to at least
2193	2193	37 eight-hundredths (0.08) gram of alcohol per:
2194	2194	38 (A) one hundred (100) milliliters of the person's blood; or
2195	2195	39 (B) two hundred ten (210) liters of the person's breath; or
2196	2196	40 (2) with a controlled substance listed in schedule I or II of
2197	2197	41 IC 35-48-2 or its metabolite in the person's blood;
2198	2198	42 commits a Level 6 felony.
2199	2199	2024 IN 1282—LS 6532/DI 106 52
2200	2200	1 (c) A person who commits an offense under subsection (a) or (b)
2201	2201	2 commits a separate offense for each person or law enforcement animal
2202	2202	3 whose death (or catastrophic injury, in the case of a person) is caused
2203	2203	4 by the violation of subsection (a) or (b).
2204	2204	5 (d) It is a defense under subsection (a) or (b) that:
2205	2205	6 (1) the person accused of causing the death or catastrophic injury
2206	2206	7 of another person or the death of a law enforcement animal when
2207	2207	8 operating a vehicle with a controlled substance listed in schedule
2208	2208	9 I or II of IC 35-48-2 or its metabolite in the person's blood
2209	2209	10 consumed the controlled substance in accordance with a valid
2210	2210	11 prescription or order of a practitioner (as defined in IC 35-48-1)
2211	2211	12 who acted in the course of the practitioner's professional practice;
2212	2212	13 or
2213	2213	14 (2) the:
2214	2214	15 (A) controlled substance is marijuana or a metabolite of
2215	2215	16 marijuana; and
2216	2216	17 (B) person was not intoxicated.
2217	2217	18 SECTION 8. IC 10-10.5-1-3, AS AMENDED BY P.L.122-2023,
2218	2218	19 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2219	2219	20 JULY 1, 2024]: Sec. 3. "Law enforcement officer" means any of the
2220	2220	21 following:
2221	2221	22 (1) A state police officer, enforcement officer of the alcohol and
2222	2222	23 tobacco commission, enforcement officer of the cannabis
2223	2223	24 commission, or conservation officer.
2224	2224	25 (2) A county, city, town, or tribal police officer.
2225	2225	26 (3) A police officer appointed by a state educational institution
2226	2226	27 under IC 21-39-4 or school corporation under IC 20-26-16.
2227	2227	28 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
2228	2228	29 under IC 4-33-20.
2229	2229	30 (5) A hospital police officer employed by a hospital police
2230	2230	31 department established under IC 16-18-4.
2231	2231	32 SECTION 9. IC 10-13-8-5, AS AMENDED BY P.L.122-2023,
2232	2232	33 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2233	2233	34 JULY 1, 2024]: Sec. 5. As used in this chapter, "law enforcement
2234	2234	35 officer" means any of the following:
2235	2235	36 (1) A state police officer.
2236	2236	37 (2) A county sheriff.
2237	2237	38 (3) A county police officer.
2238	2238	39 (4) A correctional officer.
2239	2239	40 (5) An excise police officer, including an enforcement officer
2240	2240	41 of the cannabis commission.
2241	2241	42 (6) A county police reserve officer.
2242	2242	2024 IN 1282—LS 6532/DI 106 53
2243	2243	1 (7) A city police officer.
2244	2244	2 (8) A city police reserve officer.
2245	2245	3 (9) A conservation enforcement officer.
2246	2246	4 (10) A town marshal.
2247	2247	5 (11) A deputy town marshal.
2248	2248	6 (12) A probation officer.
2249	2249	7 (13) A state educational institution police officer appointed under
2250	2250	8 IC 21-39-4.
2251	2251	9 (14) A gaming agent of the Indiana gaming commission.
2252	2252	10 (15) A person employed by a political subdivision (as defined in
2253	2253	11 IC 36-1-2-13) and appointed as a special deputy under
2254	2254	12 IC 36-8-10-10.6.
2255	2255	13 (16) A school corporation police officer appointed under
2256	2256	14 IC 20-26-16.
2257	2257	15 (17) A police officer of a public or private postsecondary
2258	2258	16 educational institution whose board of trustees has established a
2259	2259	17 police department under IC 21-17-5-2 or IC 21-39-4-2.
2260	2260	18 (18) A tribal police officer.
2261	2261	19 (19) A hospital police officer employed by a hospital police
2262	2262	20 department established under IC 16-18-4.
2263	2263	21 (20) A conservancy district marshal.
2264	2264	22 (21) A deputy conservancy district marshal.
2265	2265	23 SECTION 10. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
2266	2266	24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2267	2267	25 JULY 1, 2024]: Sec. 3. As used in this chapter, "drug dealing offense"
2268	2268	26 means one (1) or more of the following offenses:
2269	2269	27 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
2270	2270	28 the person received only minimal consideration as a result of the
2271	2271	29 drug transaction.
2272	2272	30 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
2273	2273	31 person received only minimal consideration as a result of the drug
2274	2274	32 transaction.
2275	2275	33 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
2276	2276	34 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
2277	2277	35 only minimal consideration as a result of the drug transaction.
2278	2278	36 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
2279	2279	37 cannabinoid or mislabeled low THC hemp extract (IC
2280	2280	38 35-48-4-10) unless the person received only minimal
2281	2281	39 consideration as a result of the drug transaction.
2282	2282	40 SECTION 11. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
2283	2283	41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2284	2284	42 JULY 1, 2024]: Sec. 14. (a) A person holding a certificate or license
2285	2285	2024 IN 1282—LS 6532/DI 106 54
2286	2286	1 issued under this article must comply with the applicable standards and
2287	2287	2 rules established under this article. A certificate holder or license
2288	2288	3 holder is subject to disciplinary sanctions under subsection (b) if the
2289	2289	4 department of homeland security determines that the certificate holder
2290	2290	5 or license holder:
2291	2291	6 (1) engaged in or knowingly cooperated in fraud or material
2292	2292	7 deception in order to obtain a certificate or license, including
2293	2293	8 cheating on a certification or licensure examination;
2294	2294	9 (2) engaged in fraud or material deception in the course of
2295	2295	10 professional services or activities;
2296	2296	11 (3) advertised services or goods in a false or misleading manner;
2297	2297	12 (4) falsified or knowingly allowed another person to falsify
2298	2298	13 attendance records or certificates of completion of continuing
2299	2299	14 education courses required under this article or rules adopted
2300	2300	15 under this article;
2301	2301	16 (5) is convicted of a crime, if the act that resulted in the
2302	2302	17 conviction has a direct bearing on determining if the certificate
2303	2303	18 holder or license holder should be entrusted to provide emergency
2304	2304	19 medical services;
2305	2305	20 (6) is convicted of violating IC 9-19-14.5;
2306	2306	21 (7) fails to comply and maintain compliance with or violates any
2307	2307	22 applicable provision, standard, or other requirement of this article
2308	2308	23 or rules adopted under this article;
2309	2309	24 (8) continues to practice if the certificate holder or license holder
2310	2310	25 becomes unfit to practice due to:
2311	2311	26 (A) professional incompetence that includes the undertaking
2312	2312	27 of professional activities that the certificate holder or license
2313	2313	28 holder is not qualified by training or experience to undertake;
2314	2314	29 (B) failure to keep abreast of current professional theory or
2315	2315	30 practice;
2316	2316	31 (C) physical or mental disability; or
2317	2317	32 (D) addiction to, abuse of, or dependency on alcohol or other
2318	2318	33 drugs that endanger the public by impairing the certificate
2319	2319	34 holder's or license holder's ability to practice safely;
2320	2320	35 (9) engages in a course of lewd or immoral conduct in connection
2321	2321	36 with the delivery of services to the public;
2322	2322	37 (10) allows the certificate holder's or license holder's name or a
2323	2323	38 certificate or license issued under this article to be used in
2324	2324	39 connection with a person who renders services beyond the scope
2325	2325	40 of that person's training, experience, or competence;
2326	2326	41 (11) is subjected to disciplinary action in another state or
2327	2327	42 jurisdiction on grounds similar to those contained in this chapter.
2328	2328	2024 IN 1282—LS 6532/DI 106 55
2329	2329	1 For purposes of this subdivision, a certified copy of a record of
2330	2330	2 disciplinary action constitutes prima facie evidence of a
2331	2331	3 disciplinary action in another jurisdiction;
2332	2332	4 (12) assists another person in committing an act that would
2333	2333	5 constitute a ground for disciplinary sanction under this chapter;
2334	2334	6 (13) allows a certificate or license issued by the commission to
2335	2335	7 be:
2336	2336	8 (A) used by another person; or
2337	2337	9 (B) displayed to the public when the certificate or license is
2338	2338	10 expired, inactive, invalid, revoked, or suspended; or
2339	2339	11 (14) fails to notify the department in writing of any misdemeanor
2340	2340	12 or felony criminal conviction, except traffic related misdemeanors
2341	2341	13 other than operating a motor vehicle under the influence of a drug
2342	2342	14 or alcohol, within ninety (90) days after the entry of an order or
2343	2343	15 judgment. A certified copy of the order or judgment with a letter
2344	2344	16 of explanation must be submitted to the department along with the
2345	2345	17 written notice.
2346	2346	18 (b) The department of homeland security may issue an order under
2347	2347	19 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
2348	2348	20 the department of homeland security determines that a certificate
2349	2349	21 holder or license holder is subject to disciplinary sanctions under
2350	2350	22 subsection (a):
2351	2351	23 (1) Revocation of a certificate holder's certificate or license
2352	2352	24 holder's license for a period not to exceed seven (7) years.
2353	2353	25 (2) Suspension of a certificate holder's certificate or license
2354	2354	26 holder's license for a period not to exceed seven (7) years.
2355	2355	27 (3) Censure of a certificate holder or license holder.
2356	2356	28 (4) Issuance of a letter of reprimand.
2357	2357	29 (5) Assessment of a civil penalty against the certificate holder or
2358	2358	30 license holder in accordance with the following:
2359	2359	31 (A) The civil penalty may not exceed five hundred dollars
2360	2360	32 ($500) per day per violation.
2361	2361	33 (B) If the certificate holder or license holder fails to pay the
2362	2362	34 civil penalty within the time specified by the department of
2363	2363	35 homeland security, the department of homeland security may
2364	2364	36 suspend the certificate holder's certificate or license holder's
2365	2365	37 license without additional proceedings.
2366	2366	38 (6) Placement of a certificate holder or license holder on
2367	2367	39 probation status and requirement of the certificate holder or
2368	2368	40 license holder to:
2369	2369	41 (A) report regularly to the department of homeland security
2370	2370	42 upon the matters that are the basis of probation;
2371	2371	2024 IN 1282—LS 6532/DI 106 56
2372	2372	1 (B) limit practice to those areas prescribed by the department
2373	2373	2 of homeland security;
2374	2374	3 (C) continue or renew professional education approved by the
2375	2375	4 department of homeland security until a satisfactory degree of
2376	2376	5 skill has been attained in those areas that are the basis of the
2377	2377	6 probation; or
2378	2378	7 (D) perform or refrain from performing any acts, including
2379	2379	8 community restitution or service without compensation, that
2380	2380	9 the department of homeland security considers appropriate to
2381	2381	10 the public interest or to the rehabilitation or treatment of the
2382	2382	11 certificate holder or license holder.
2383	2383	12 The department of homeland security may withdraw or modify
2384	2384	13 this probation if the department of homeland security finds after
2385	2385	14 a hearing that the deficiency that required disciplinary action is
2386	2386	15 remedied or that changed circumstances warrant a modification
2387	2387	16 of the order.
2388	2388	17 (c) If an applicant or a certificate holder or license holder has
2389	2389	18 engaged in or knowingly cooperated in fraud or material deception to
2390	2390	19 obtain a certificate or license, including cheating on the certification or
2391	2391	20 licensure examination, the department of homeland security may
2392	2392	21 rescind the certificate or license if it has been granted, void the
2393	2393	22 examination or other fraudulent or deceptive material, and prohibit the
2394	2394	23 applicant from reapplying for the certificate or license for a length of
2395	2395	24 time established by the department of homeland security.
2396	2396	25 (d) The department of homeland security may deny certification or
2397	2397	26 licensure to an applicant who would be subject to disciplinary sanctions
2398	2398	27 under subsection (b) if that person were a certificate holder or license
2399	2399	28 holder, has had disciplinary action taken against the applicant or the
2400	2400	29 applicant's certificate or license to practice in another state or
2401	2401	30 jurisdiction, or has practiced without a certificate or license in violation
2402	2402	31 of the law. A certified copy of the record of disciplinary action is
2403	2403	32 conclusive evidence of the other jurisdiction's disciplinary action.
2404	2404	33 (e) The department of homeland security may order a certificate
2405	2405	34 holder or license holder to submit to a reasonable physical or mental
2406	2406	35 examination if the certificate holder's or license holder's physical or
2407	2407	36 mental capacity to practice safely and competently is at issue in a
2408	2408	37 disciplinary proceeding. Failure to comply with a department of
2409	2409	38 homeland security order to submit to a physical or mental examination
2410	2410	39 makes a certificate holder or license holder liable to temporary
2411	2411	40 suspension under subsection (i).
2412	2412	41 (f) Except as provided under subsection (a), subsection (g), and
2413	2413	42 section 14.5 of this chapter, a certificate or license may not be denied,
2414	2414	2024 IN 1282—LS 6532/DI 106 57
2415	2415	1 revoked, or suspended because the applicant, certificate holder, or
2416	2416	2 license holder has been convicted of an offense. The acts from which
2417	2417	3 the applicant's, certificate holder's, or license holder's conviction
2418	2418	4 resulted may be considered as to whether the applicant or certificate
2419	2419	5 holder or license holder should be entrusted to serve the public in a
2420	2420	6 specific capacity.
2421	2421	7 (g) The department of homeland security may deny, suspend, or
2422	2422	8 revoke a certificate or license issued under this article if the individual
2423	2423	9 who holds or is applying for the certificate or license is convicted of
2424	2424	10 any of the following:
2425	2425	11 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2426	2426	12 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2427	2427	13 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2428	2428	14 (4) Fraudulently obtaining a controlled substance under
2429	2429	15 IC 35-48-4-7(c).
2430	2430	16 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2431	2431	17 committed before July 1, 2014) or Level 6 felony (for a crime
2432	2432	18 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2433	2433	19 (6) Dealing in paraphernalia as a Class D felony (for a crime
2434	2434	20 committed before July 1, 2014) or Level 6 felony (for a crime
2435	2435	21 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2436	2436	22 (7) Possession of paraphernalia as a Class D felony (for a crime
2437	2437	23 committed before July 1, 2014) or Level 6 felony (for a crime
2438	2438	24 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2439	2439	25 its amendment on July 1, 2015).
2440	2440	26 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2441	2441	27 D felony (for a crime committed before July 1, 2014) or Level 6
2442	2442	28 felony (for a crime committed after June 30, 2014) under
2443	2443	29 IC 35-48-4-11.
2444	2444	30 (9) A felony offense under IC 35-48-4 involving:
2445	2445	31 (A) possession of a synthetic drug (as defined in
2446	2446	32 IC 35-31.5-2-321);
2447	2447	33 (B) possession of a synthetic drug lookalike substance (as
2448	2448	34 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2449	2449	35 2019)) as a:
2450	2450	36 (i) Class D felony (for a crime committed before July 1,
2451	2451	37 2014); or
2452	2452	38 (ii) Level 6 felony (for a crime committed after June 30,
2453	2453	39 2014);
2454	2454	40 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
2455	2455	41 (C) possession of a controlled substance analog (as defined in
2456	2456	42 IC 35-48-1-9.3).
2457	2457	2024 IN 1282—LS 6532/DI 106 58
2458	2458	1 (10) Maintaining a common nuisance under IC 35-48-4-13
2459	2459	2 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2460	2460	3 controlled substance.
2461	2461	4 (11) An offense relating to registration, labeling, and prescription
2462	2462	5 forms under IC 35-48-4-14.
2463	2463	6 (h) A decision of the department of homeland security under
2464	2464	7 subsections (b) through (g) may be appealed to the commission under
2465	2465	8 IC 4-21.5-3-7.
2466	2466	9 (i) The department of homeland security may temporarily suspend
2467	2467	10 a certificate holder's certificate or license holder's license under
2468	2468	11 IC 4-21.5-4 before a final adjudication or during the appeals process if
2469	2469	12 the department of homeland security finds that a certificate holder or
2470	2470	13 license holder would represent a clear and immediate danger to the
2471	2471	14 public's health, safety, or property if the certificate holder or license
2472	2472	15 holder were allowed to continue to practice.
2473	2473	16 (j) On receipt of a complaint or information alleging that a person
2474	2474	17 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
2475	2475	18 or is engaging in a practice that is subject to disciplinary sanctions
2476	2476	19 under this chapter, the department of homeland security must initiate
2477	2477	20 an investigation against the person.
2478	2478	21 (k) The department of homeland security shall conduct a factfinding
2479	2479	22 investigation as the department of homeland security considers proper
2480	2480	23 in relation to the complaint.
2481	2481	24 (l) The department of homeland security may reinstate a certificate
2482	2482	25 or license that has been suspended under this section if the department
2483	2483	26 of homeland security is satisfied that the applicant is able to practice
2484	2484	27 with reasonable skill, competency, and safety to the public. As a
2485	2485	28 condition of reinstatement, the department of homeland security may
2486	2486	29 impose disciplinary or corrective measures authorized under this
2487	2487	30 chapter.
2488	2488	31 (m) The department of homeland security may not reinstate a
2489	2489	32 certificate or license that has been revoked under this chapter.
2490	2490	33 (n) The department of homeland security must be consistent in the
2491	2491	34 application of sanctions authorized in this chapter. Significant
2492	2492	35 departures from prior decisions involving similar conduct must be
2493	2493	36 explained in the department of homeland security's findings or orders.
2494	2494	37 (o) A certificate holder may not surrender the certificate holder's
2495	2495	38 certificate, and a license holder may not surrender the license holder's
2496	2496	39 license, without the written approval of the department of homeland
2497	2497	40 security, and the department of homeland security may impose any
2498	2498	41 conditions appropriate to the surrender or reinstatement of a
2499	2499	42 surrendered certificate or license.
2500	2500	2024 IN 1282—LS 6532/DI 106 59
2501	2501	1 (p) For purposes of this section, "certificate holder" means a person
2502	2502	2 who holds:
2503	2503	3 (1) an unlimited certificate;
2504	2504	4 (2) a limited or probationary certificate; or
2505	2505	5 (3) an inactive certificate.
2506	2506	6 (q) For purposes of this section, "license holder" means a person
2507	2507	7 who holds:
2508	2508	8 (1) an unlimited license;
2509	2509	9 (2) a limited or probationary license; or
2510	2510	10 (3) an inactive license.
2511	2511	11 SECTION 12. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
2512	2512	12 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2513	2513	13 JULY 1, 2024]: Sec. 14.5. The department of homeland security may
2514	2514	14 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
2515	2515	15 certification or licensure or permanently revoke a certificate or license
2516	2516	16 under procedures provided by section 14 of this chapter if the
2517	2517	17 individual who holds the certificate or license issued under this title is
2518	2518	18 convicted of any of the following:
2519	2519	19 (1) Dealing in a controlled substance resulting in death under
2520	2520	20 IC 35-42-1-1.5.
2521	2521	21 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2522	2522	22 IC 35-48-4-1.
2523	2523	23 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2524	2524	24 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2525	2525	25 (5) Dealing in a schedule I, II, or III controlled substance under
2526	2526	26 IC 35-48-4-2.
2527	2527	27 (6) Dealing in a schedule IV controlled substance under
2528	2528	28 IC 35-48-4-3.
2529	2529	29 (7) Dealing in a schedule V controlled substance under
2530	2530	30 IC 35-48-4-4.
2531	2531	31 (8) Dealing in a substance represented to be a controlled
2532	2532	32 substance under IC 35-48-4-4.5 (repealed).
2533	2533	33 (9) Knowingly or intentionally manufacturing, advertising,
2534	2534	34 distributing, or possessing with intent to manufacture, advertise,
2535	2535	35 or distribute a substance represented to be a controlled substance
2536	2536	36 under IC 35-48-4-4.6.
2537	2537	37 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2538	2538	38 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2539	2539	39 mislabeled low THC hemp extract as a felony under
2540	2540	40 IC 35-48-4-10.
2541	2541	41 (12) An offense under IC 35-48-4 involving the manufacture or
2542	2542	42 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2543	2543	2024 IN 1282—LS 6532/DI 106 60
2544	2544	1 synthetic drug lookalike substance (as defined in
2545	2545	2 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2546	2546	3 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2547	2547	4 substance analog (as defined in IC 35-48-1-9.3), or a substance
2548	2548	5 represented to be a controlled substance (as described in
2549	2549	6 IC 35-48-4-4.6).
2550	2550	7 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
2551	2551	8 SECTION 13. IC 16-42-27-2, AS AMENDED BY P.L.36-2023,
2552	2552	9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2553	2553	10 JULY 1, 2024]: Sec. 2. (a) A prescriber may, directly or by standing
2554	2554	11 order, prescribe or dispense an overdose intervention drug without
2555	2555	12 examining the individual to whom it may be administered if all of the
2556	2556	13 following conditions are met:
2557	2557	14 (1) The overdose intervention drug is dispensed or prescribed to:
2558	2558	15 (A) a person at risk of experiencing an opioid-related
2559	2559	16 overdose; or
2560	2560	17 (B) a family member, a friend, or any other individual or entity
2561	2561	18 in a position to assist an individual who, there is reason to
2562	2562	19 believe, is at risk of experiencing an opioid-related overdose.
2563	2563	20 (2) The prescriber instructs the individual receiving the overdose
2564	2564	21 intervention drug or prescription to summon emergency services
2565	2565	22 either immediately before or immediately after administering the
2566	2566	23 overdose intervention drug to an individual experiencing an
2567	2567	24 opioid-related overdose.
2568	2568	25 (3) The prescriber provides education and training on drug
2569	2569	26 overdose response and treatment, including the administration of
2570	2570	27 an overdose intervention drug.
2571	2571	28 (4) The prescriber provides drug addiction treatment information
2572	2572	29 and referrals to drug treatment programs, including programs in
2573	2573	30 the local area and programs that offer medication assisted
2574	2574	31 treatment that includes a federal Food and Drug Administration
2575	2575	32 approved long acting, nonaddictive medication for the treatment
2576	2576	33 of opioid or alcohol dependence.
2577	2577	34 (b) A prescriber may provide a prescription of an overdose
2578	2578	35 intervention drug to an individual as a part of the individual's addiction
2579	2579	36 treatment plan.
2580	2580	37 (c) An individual described in subsection (a)(1) may administer an
2581	2581	38 overdose intervention drug to an individual who is suffering from an
2582	2582	39 overdose.
2583	2583	40 (d) An individual described in subsection (a)(1) may not be
2584	2584	41 considered to be practicing medicine without a license in violation of
2585	2585	42 IC 25-22.5-8-2, if the individual, acting in good faith, does the
2586	2586	2024 IN 1282—LS 6532/DI 106 61
2587	2587	1 following:
2588	2588	2 (1) Obtains the overdose intervention drug from a prescriber or
2589	2589	3 entity acting under a standing order issued by a prescriber.
2590	2590	4 (2) Administers the overdose intervention drug to an individual
2591	2591	5 who is experiencing an apparent opioid-related overdose.
2592	2592	6 (3) Attempts to summon emergency services either immediately
2593	2593	7 before or immediately after administering the overdose
2594	2594	8 intervention drug.
2595	2595	9 (e) An entity acting under a standing order issued by a prescriber
2596	2596	10 must do the following:
2597	2597	11 (1) Annually register with either the:
2598	2598	12 (A) state department; or
2599	2599	13 (B) local health department in the county where services will
2600	2600	14 be provided by the entity;
2601	2601	15 in a manner prescribed by the state department.
2602	2602	16 (2) Provide education and training on drug overdose response and
2603	2603	17 treatment, including the administration of an overdose
2604	2604	18 intervention drug.
2605	2605	19 (3) Provide drug addiction treatment information and referrals to
2606	2606	20 drug treatment programs, including programs in the local area and
2607	2607	21 programs that offer medication assisted treatment that includes a
2608	2608	22 federal Food and Drug Administration approved long acting,
2609	2609	23 nonaddictive medication for the treatment of opioid or alcohol
2610	2610	24 dependence.
2611	2611	25 (4) Submit an annual report to the state department containing:
2612	2612	26 (A) the number of sales of the overdose intervention drug
2613	2613	27 dispensed;
2614	2614	28 (B) the dates of sale of the overdose intervention drug
2615	2615	29 dispensed; and
2616	2616	30 (C) any additional information requested by the state
2617	2617	31 department.
2618	2618	32 (f) The state department shall ensure that a statewide standing order
2619	2619	33 for the dispensing of an overdose intervention drug in Indiana is issued
2620	2620	34 under this section. The state health commissioner or a designated
2621	2621	35 public health authority who is a licensed prescriber may, as part of the
2622	2622	36 individual's official capacity, issue a statewide standing order that may
2623	2623	37 be used for the dispensing of an overdose intervention drug under this
2624	2624	38 section. A statewide standing order issued under this section must
2625	2625	39 allow for choice in the:
2626	2626	40 (1) purchasing;
2627	2627	41 (2) dispensing; and
2628	2628	42 (3) distributing;
2629	2629	2024 IN 1282—LS 6532/DI 106 62
2630	2630	1 of any formulation or dosage of a naloxone product that is approved by
2631	2631	2 the federal Food and Drug Administration. The immunity provided in
2632	2632	3 IC 34-13-3-3 applies to an individual described in this subsection.
2633	2633	4 (g) A law enforcement officer may not take an individual into
2634	2634	5 custody based solely on the commission of an offense described in
2635	2635	6 subsection (h), if the law enforcement officer, after making a
2636	2636	7 reasonable determination and considering the facts and surrounding
2637	2637	8 circumstances, reasonably believes that the individual:
2638	2638	9 (1) obtained the overdose intervention drug as described in
2639	2639	10 subsection (a)(1);
2640	2640	11 (2) complied with the provisions in subsection (d);
2641	2641	12 (3) administered an overdose intervention drug to an individual
2642	2642	13 who appeared to be experiencing an opioid-related overdose;
2643	2643	14 (4) provided:
2644	2644	15 (A) the individual's full name; and
2645	2645	16 (B) any other relevant information requested by the law
2646	2646	17 enforcement officer;
2647	2647	18 (5) remained at the scene with the individual who reasonably
2648	2648	19 appeared to be in need of medical assistance until emergency
2649	2649	20 medical assistance arrived;
2650	2650	21 (6) cooperated with emergency medical assistance personnel and
2651	2651	22 law enforcement officers at the scene; and
2652	2652	23 (7) came into contact with law enforcement because the
2653	2653	24 individual requested emergency medical assistance for another
2654	2654	25 individual who appeared to be experiencing an opioid-related
2655	2655	26 overdose.
2656	2656	27 (h) An individual who meets the criteria in subsection (g) is immune
2657	2657	28 from criminal prosecution for the following:
2658	2658	29 (1) IC 35-48-4-6 (possession of cocaine).
2659	2659	30 (2) IC 35-48-4-6.1 (possession of methamphetamine).
2660	2660	31 (3) IC 35-48-4-7 (possession of a controlled substance).
2661	2661	32 (4) IC 35-48-4-8.3 (possession of paraphernalia).
2662	2662	33 (5) IC 35-48-4-11 (possession of marijuana). salvia).
2663	2663	34 (6) An offense under IC 35-48-4 involving possession of a
2664	2664	35 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2665	2665	36 controlled substance analog (as defined in IC 35-48-1-9.3), or
2666	2666	37 possession of a substance represented to be a controlled substance
2667	2667	38 (as described in IC 35-48-4-4.6).
2668	2668	39 SECTION 14. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
2669	2669	40 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2670	2670	41 JULY 1, 2024]: Sec. 8. (a) This section applies when a prosecuting
2671	2671	42 attorney knows that a licensed employee of a public school or a
2672	2672	2024 IN 1282—LS 6532/DI 106 63
2673	2673	1 nonpublic school has been convicted of an offense listed in subsection
2674	2674	2 (c). The prosecuting attorney shall immediately give written notice of
2675	2675	3 the conviction to the following:
2676	2676	4 (1) The secretary of education.
2677	2677	5 (2) Except as provided in subdivision (3), the superintendent of
2678	2678	6 the school corporation that employs the licensed employee or the
2679	2679	7 equivalent authority if a nonpublic school employs the licensed
2680	2680	8 employee.
2681	2681	9 (3) The presiding officer of the governing body of the school
2682	2682	10 corporation that employs the licensed employee, if the convicted
2683	2683	11 licensed employee is the superintendent of the school corporation.
2684	2684	12 (b) The superintendent of a school corporation, presiding officer of
2685	2685	13 the governing body, or equivalent authority for a nonpublic school shall
2686	2686	14 immediately notify the secretary of education when the individual
2687	2687	15 knows that a current or former licensed employee of the public school
2688	2688	16 or nonpublic school has been convicted of an offense listed in
2689	2689	17 subsection (c), or when the governing body or equivalent authority for
2690	2690	18 a nonpublic school takes any final action in relation to an employee
2691	2691	19 who engaged in any offense listed in subsection (c).
2692	2692	20 (c) Except as provided in section 8.5 of this chapter, the department
2693	2693	21 shall permanently revoke the license of a person who is known by the
2694	2694	22 department to have been convicted of any of the following:
2695	2695	23 (1) The following felonies:
2696	2696	24 (A) A sex crime under IC 35-42-4 (including criminal deviate
2697	2697	25 conduct (IC 35-42-4-2) (before its repeal)).
2698	2698	26 (B) Kidnapping (IC 35-42-3-2).
2699	2699	27 (C) Criminal confinement (IC 35-42-3-3).
2700	2700	28 (D) Incest (IC 35-46-1-3).
2701	2701	29 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
2702	2702	30 35-48-4-1).
2703	2703	31 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
2704	2704	32 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
2705	2705	33 (H) Dealing in a schedule I, II, or III controlled substance (IC
2706	2706	34 35-48-4-2).
2707	2707	35 (I) Dealing in a schedule IV controlled substance (IC
2708	2708	36 35-48-4-3).
2709	2709	37 (J) Dealing in a schedule V controlled substance (IC
2710	2710	38 35-48-4-4).
2711	2711	39 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
2712	2712	40 (L) Dealing in marijuana, hash oil, hashish, or salvia or
2713	2713	41 mislabeled low THC hemp extract as a felony (IC
2714	2714	42 35-48-4-10).
2715	2715	2024 IN 1282—LS 6532/DI 106 64
2716	2716	1 (M) An offense under IC 35-48-4 involving the manufacture
2717	2717	2 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2718	2718	3 synthetic drug lookalike substance (as defined in
2719	2719	4 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2720	2720	5 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
2721	2721	6 controlled substance analog (as defined in IC 35-48-1-9.3), or
2722	2722	7 a substance represented to be a controlled substance (as
2723	2723	8 described in IC 35-48-4-4.6).
2724	2724	9 (N) Homicide (IC 35-42-1).
2725	2725	10 (O) Voluntary manslaughter (IC 35-42-1-3).
2726	2726	11 (P) Reckless homicide (IC 35-42-1-5).
2727	2727	12 (Q) Battery as any of the following:
2728	2728	13 (i) A Class A felony (for a crime committed before July 1,
2729	2729	14 2014) or a Level 2 felony (for a crime committed after June
2730	2730	15 30, 2014).
2731	2731	16 (ii) A Class B felony (for a crime committed before July 1,
2732	2732	17 2014) or a Level 3 felony (for a crime committed after June
2733	2733	18 30, 2014).
2734	2734	19 (iii) A Class C felony (for a crime committed before July 1,
2735	2735	20 2014) or a Level 5 felony (for a crime committed after June
2736	2736	21 30, 2014).
2737	2737	22 (R) Aggravated battery (IC 35-42-2-1.5).
2738	2738	23 (S) Robbery (IC 35-42-5-1).
2739	2739	24 (T) Carjacking (IC 35-42-5-2) (before its repeal).
2740	2740	25 (U) Arson as a Class A felony or Class B felony (for a crime
2741	2741	26 committed before July 1, 2014) or as a Level 2, Level 3, or
2742	2742	27 Level 4 felony (for a crime committed after June 30, 2014) (IC
2743	2743	28 35-43-1-1(a)).
2744	2744	29 (V) Burglary as a Class A felony or Class B felony (for a crime
2745	2745	30 committed before July 1, 2014) or as a Level 1, Level 2, Level
2746	2746	31 3, or Level 4 felony (for a crime committed after June 30,
2747	2747	32 2014) (IC 35-43-2-1).
2748	2748	33 (W) Human trafficking (IC 35-42-3.5).
2749	2749	34 (X) Dealing in a controlled substance resulting in death (IC
2750	2750	35 35-42-1-1.5).
2751	2751	36 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
2752	2752	37 this subsection.
2753	2753	38 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
2754	2754	39 in this subsection.
2755	2755	40 (2) Public indecency (IC 35-45-4-1) committed:
2756	2756	41 (A) after June 30, 2003; or
2757	2757	42 (B) before July 1, 2003, if the person committed the offense
2758	2758	2024 IN 1282—LS 6532/DI 106 65
2759	2759	1 by, in a public place:
2760	2760	2 (i) engaging in sexual intercourse or other sexual conduct
2761	2761	3 (as defined in IC 35-31.5-2-221.5);
2762	2762	4 (ii) appearing in a state of nudity with the intent to arouse
2763	2763	5 the sexual desires of the person or another person, or being
2764	2764	6 at least eighteen (18) years of age, with the intent to be seen
2765	2765	7 by a child less than sixteen (16) years of age; or
2766	2766	8 (iii) fondling the person's genitals or the genitals of another
2767	2767	9 person.
2768	2768	10 (d) The department shall permanently revoke the license of a person
2769	2769	11 who is known by the department to have been convicted of a federal
2770	2770	12 offense or an offense in another state that is comparable to a felony or
2771	2771	13 misdemeanor listed in subsection (c).
2772	2772	14 (e) A license may be suspended by the secretary of education as
2773	2773	15 specified in IC 20-28-7.5.
2774	2774	16 (f) The department shall develop a data base of information on
2775	2775	17 school corporation employees who have been reported to the
2776	2776	18 department under this section.
2777	2777	19 (g) Upon receipt of information from the office of judicial
2778	2778	20 administration in accordance with IC 33-24-6-3 concerning persons
2779	2779	21 convicted of an offense listed in subsection (c), the department shall:
2780	2780	22 (1) cross check the information received from the office of
2781	2781	23 judicial administration with information concerning licensed
2782	2782	24 teachers (as defined in IC 20-18-2-22(b)) maintained by the
2783	2783	25 department; and
2784	2784	26 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
2785	2785	27 convicted of an offense described in subsection (c), revoke the
2786	2786	28 licensed teacher's license.
2787	2787	29 SECTION 15. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
2788	2788	30 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2789	2789	31 JULY 1, 2024]: Sec. 16. (a) A practitioner shall comply with the
2790	2790	32 standards established under this licensing program. A practitioner is
2791	2791	33 subject to the exercise of the disciplinary sanctions under subsection
2792	2792	34 (b) if the department finds that a practitioner has:
2793	2793	35 (1) engaged in or knowingly cooperated in fraud or material
2794	2794	36 deception in order to obtain a license to practice, including
2795	2795	37 cheating on a licensing examination;
2796	2796	38 (2) engaged in fraud or material deception in the course of
2797	2797	39 professional services or activities;
2798	2798	40 (3) advertised services or goods in a false or misleading manner;
2799	2799	41 (4) falsified or knowingly allowed another person to falsify
2800	2800	42 attendance records or certificates of completion of continuing
2801	2801	2024 IN 1282—LS 6532/DI 106 66
2802	2802	1 education courses provided under this chapter;
2803	2803	2 (5) been convicted of a crime that has a direct bearing on the
2804	2804	3 practitioner's ability to continue to practice competently;
2805	2805	4 (6) knowingly violated a state statute or rule or federal statute or
2806	2806	5 regulation regulating the profession for which the practitioner is
2807	2807	6 licensed;
2808	2808	7 (7) continued to practice although the practitioner has become
2809	2809	8 unfit to practice due to:
2810	2810	9 (A) professional incompetence;
2811	2811	10 (B) failure to keep abreast of current professional theory or
2812	2812	11 practice;
2813	2813	12 (C) physical or mental disability; or
2814	2814	13 (D) addiction to, abuse of, or severe dependency on alcohol or
2815	2815	14 other drugs that endanger the public by impairing a
2816	2816	15 practitioner's ability to practice safely;
2817	2817	16 (8) engaged in a course of lewd or immoral conduct in connection
2818	2818	17 with the delivery of services to the public;
2819	2819	18 (9) allowed the practitioner's name or a license issued under this
2820	2820	19 chapter to be used in connection with an individual or business
2821	2821	20 who renders services beyond the scope of that individual's or
2822	2822	21 business's training, experience, or competence;
2823	2823	22 (10) had disciplinary action taken against the practitioner or the
2824	2824	23 practitioner's license to practice in another state or jurisdiction on
2825	2825	24 grounds similar to those under this chapter;
2826	2826	25 (11) assisted another person in committing an act that would
2827	2827	26 constitute a ground for disciplinary sanction under this chapter;
2828	2828	27 or
2829	2829	28 (12) allowed a license issued by the department to be:
2830	2830	29 (A) used by another person; or
2831	2831	30 (B) displayed to the public when the license has expired, is
2832	2832	31 inactive, is invalid, or has been revoked or suspended.
2833	2833	32 For purposes of subdivision (10), a certified copy of a record of
2834	2834	33 disciplinary action constitutes prima facie evidence of a disciplinary
2835	2835	34 action in another jurisdiction.
2836	2836	35 (b) The department may impose one (1) or more of the following
2837	2837	36 sanctions if the department finds that a practitioner is subject to
2838	2838	37 disciplinary sanctions under subsection (a):
2839	2839	38 (1) Permanent revocation of a practitioner's license.
2840	2840	39 (2) Suspension of a practitioner's license.
2841	2841	40 (3) Censure of a practitioner.
2842	2842	41 (4) Issuance of a letter of reprimand.
2843	2843	42 (5) Assessment of a civil penalty against the practitioner in
2844	2844	2024 IN 1282—LS 6532/DI 106 67
2845	2845	1 accordance with the following:
2846	2846	2 (A) The civil penalty may not be more than one thousand
2847	2847	3 dollars ($1,000) for each violation listed in subsection (a),
2848	2848	4 except for a finding of incompetency due to a physical or
2849	2849	5 mental disability.
2850	2850	6 (B) When imposing a civil penalty, the department shall
2851	2851	7 consider a practitioner's ability to pay the amount assessed. If
2852	2852	8 the practitioner fails to pay the civil penalty within the time
2853	2853	9 specified by the department, the department may suspend the
2854	2854	10 practitioner's license without additional proceedings. However,
2855	2855	11 a suspension may not be imposed if the sole basis for the
2856	2856	12 suspension is the practitioner's inability to pay a civil penalty.
2857	2857	13 (6) Placement of a practitioner on probation status and
2858	2858	14 requirement of the practitioner to:
2859	2859	15 (A) report regularly to the department upon the matters that
2860	2860	16 are the basis of probation;
2861	2861	17 (B) limit practice to those areas prescribed by the department;
2862	2862	18 (C) continue or renew professional education approved by the
2863	2863	19 department until a satisfactory degree of skill has been attained
2864	2864	20 in those areas that are the basis of the probation; or
2865	2865	21 (D) perform or refrain from performing any acts, including
2866	2866	22 community restitution or service without compensation, that
2867	2867	23 the department considers appropriate to the public interest or
2868	2868	24 to the rehabilitation or treatment of the practitioner.
2869	2869	25 The department may withdraw or modify this probation if the
2870	2870	26 department finds after a hearing that the deficiency that required
2871	2871	27 disciplinary action has been remedied or that changed
2872	2872	28 circumstances warrant a modification of the order.
2873	2873	29 (c) If an applicant or a practitioner has engaged in or knowingly
2874	2874	30 cooperated in fraud or material deception to obtain a license to
2875	2875	31 practice, including cheating on the licensing examination, the
2876	2876	32 department may rescind the license if it has been granted, void the
2877	2877	33 examination or other fraudulent or deceptive material, and prohibit the
2878	2878	34 applicant from reapplying for the license for a length of time
2879	2879	35 established by the department.
2880	2880	36 (d) The department may deny licensure to an applicant who has had
2881	2881	37 disciplinary action taken against the applicant or the applicant's license
2882	2882	38 to practice in another state or jurisdiction or who has practiced without
2883	2883	39 a license in violation of the law. A certified copy of the record of
2884	2884	40 disciplinary action is conclusive evidence of the other jurisdiction's
2885	2885	41 disciplinary action.
2886	2886	42 (e) The department may order a practitioner to submit to a
2887	2887	2024 IN 1282—LS 6532/DI 106 68
2888	2888	1 reasonable physical or mental examination if the practitioner's physical
2889	2889	2 or mental capacity to practice safely and competently is at issue in a
2890	2890	3 disciplinary proceeding. Failure to comply with a department order to
2891	2891	4 submit to a physical or mental examination makes a practitioner liable
2892	2892	5 to temporary suspension under subsection (j).
2893	2893	6 (f) Except as provided under subsection (g) or (h), a license may not
2894	2894	7 be denied, revoked, or suspended because the applicant or holder has
2895	2895	8 been convicted of an offense. The acts from which the applicant's or
2896	2896	9 holder's conviction resulted may, however, be considered as to whether
2897	2897	10 the applicant or holder should be entrusted to serve the public in a
2898	2898	11 specific capacity.
2899	2899	12 (g) The department may deny, suspend, or revoke a license issued
2900	2900	13 under this chapter if the individual who holds the license is convicted
2901	2901	14 of any of the following:
2902	2902	15 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2903	2903	16 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2904	2904	17 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2905	2905	18 (4) Fraudulently obtaining a controlled substance under
2906	2906	19 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
2907	2907	20 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
2908	2908	21 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2909	2909	22 committed before July 1, 2014) or a Level 6 felony (for a crime
2910	2910	23 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2911	2911	24 (6) Dealing in paraphernalia as a Class D felony (for a crime
2912	2912	25 committed before July 1, 2014) or a Level 6 felony (for a crime
2913	2913	26 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2914	2914	27 (7) Possession of paraphernalia as a Class D felony (for a crime
2915	2915	28 committed before July 1, 2014) or a Level 6 felony (for a crime
2916	2916	29 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2917	2917	30 its amendment on July 1, 2015).
2918	2918	31 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2919	2919	32 D felony (for a crime committed before July 1, 2014) or a Level
2920	2920	33 6 felony (for a crime committed after June 30, 2014) under
2921	2921	34 IC 35-48-4-11.
2922	2922	35 (9) A felony offense under IC 35-48-4 involving possession of a
2923	2923	36 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2924	2924	37 controlled substance analog (as defined in IC 35-48-1-9.3), or
2925	2925	38 possession of a synthetic drug lookalike substance (as defined in
2926	2926	39 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
2927	2927	40 (A) Class D felony for a crime committed before July 1, 2014;
2928	2928	41 or
2929	2929	42 (B) Level 6 felony for a crime committed after June 30, 2014;
2930	2930	2024 IN 1282—LS 6532/DI 106 69
2931	2931	1 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
2932	2932	2 (10) Maintaining a common nuisance under IC 35-48-4-13
2933	2933	3 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2934	2934	4 controlled substance.
2935	2935	5 (11) An offense relating to registration, labeling, and prescription
2936	2936	6 forms under IC 35-48-4-14.
2937	2937	7 (h) The department shall deny, revoke, or suspend a license issued
2938	2938	8 under this chapter if the individual who holds the license is convicted
2939	2939	9 of any of the following:
2940	2940	10 (1) Dealing in a controlled substance resulting in death under
2941	2941	11 IC 35-42-1-1.5.
2942	2942	12 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
2943	2943	13 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2944	2944	14 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2945	2945	15 (5) Dealing in a schedule I, II, or III controlled substance under
2946	2946	16 IC 35-48-4-2.
2947	2947	17 (6) Dealing in a schedule IV controlled substance under
2948	2948	18 IC 35-48-4-3.
2949	2949	19 (7) Dealing in a schedule V controlled substance under
2950	2950	20 IC 35-48-4-4.
2951	2951	21 (8) Dealing in a substance represented to be a controlled
2952	2952	22 substance under IC 35-48-4-4.5 (repealed).
2953	2953	23 (9) Knowingly or intentionally manufacturing, advertising,
2954	2954	24 distributing, or possessing with intent to manufacture, advertise,
2955	2955	25 or distribute a substance represented to be a controlled substance
2956	2956	26 under IC 35-48-4-4.6.
2957	2957	27 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2958	2958	28 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2959	2959	29 mislabeled low THC hemp extract as a felony under
2960	2960	30 IC 35-48-4-10.
2961	2961	31 (12) An offense under IC 35-48-4 involving the manufacture or
2962	2962	32 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2963	2963	33 synthetic drug lookalike substance (as defined in
2964	2964	34 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2965	2965	35 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2966	2966	36 substance analog (as defined in IC 35-48-1-9.3), or a substance
2967	2967	37 represented to be a controlled substance (as described in
2968	2968	38 IC 35-48-4-4.6).
2969	2969	39 (13) A violation of any federal or state drug law or rule related to
2970	2970	40 wholesale legend drug distributors licensed under IC 25-26-14.
2971	2971	41 (i) A decision of the department under subsections (b) through (h)
2972	2972	42 may be appealed to the commission under IC 4-21.5-3-7.
2973	2973	2024 IN 1282—LS 6532/DI 106 70
2974	2974	1 (j) The department may temporarily suspend a practitioner's license
2975	2975	2 under IC 4-21.5-4 before a final adjudication or during the appeals
2976	2976	3 process if the department finds that a practitioner represents a clear and
2977	2977	4 immediate danger to the public's health, safety, or property if the
2978	2978	5 practitioner is allowed to continue to practice.
2979	2979	6 (k) On receipt of a complaint or an information alleging that a
2980	2980	7 person licensed under this chapter has engaged in or is engaging in a
2981	2981	8 practice that jeopardizes the public health, safety, or welfare, the
2982	2982	9 department shall initiate an investigation against the person.
2983	2983	10 (l) Any complaint filed with the office of the attorney general
2984	2984	11 alleging a violation of this licensing program shall be referred to the
2985	2985	12 department for summary review and for its general information and any
2986	2986	13 authorized action at the time of the filing.
2987	2987	14 (m) The department shall conduct a fact finding investigation as the
2988	2988	15 department considers proper in relation to the complaint.
2989	2989	16 (n) The department may reinstate a license that has been suspended
2990	2990	17 under this section if, after a hearing, the department is satisfied that the
2991	2991	18 applicant is able to practice with reasonable skill, safety, and
2992	2992	19 competency to the public. As a condition of reinstatement, the
2993	2993	20 department may impose disciplinary or corrective measures authorized
2994	2994	21 under this chapter.
2995	2995	22 (o) The department may not reinstate a license that has been
2996	2996	23 revoked under this chapter. An individual whose license has been
2997	2997	24 revoked under this chapter may not apply for a new license until seven
2998	2998	25 (7) years after the date of revocation.
2999	2999	26 (p) The department shall seek to achieve consistency in the
3000	3000	27 application of sanctions authorized in this chapter. Significant
3001	3001	28 departures from prior decisions involving similar conduct must be
3002	3002	29 explained in the department's findings or orders.
3003	3003	30 (q) A practitioner may petition the department to accept the
3004	3004	31 surrender of the practitioner's license instead of having a hearing before
3005	3005	32 the commission. The practitioner may not surrender the practitioner's
3006	3006	33 license without the written approval of the department, and the
3007	3007	34 department may impose any conditions appropriate to the surrender or
3008	3008	35 reinstatement of a surrendered license.
3009	3009	36 (r) A practitioner who has been subjected to disciplinary sanctions
3010	3010	37 may be required by the commission to pay the costs of the proceeding.
3011	3011	38 The practitioner's ability to pay shall be considered when costs are
3012	3012	39 assessed. If the practitioner fails to pay the costs, a suspension may not
3013	3013	40 be imposed solely upon the practitioner's inability to pay the amount
3014	3014	41 assessed. The costs are limited to costs for the following:
3015	3015	42 (1) Court reporters.
3016	3016	2024 IN 1282—LS 6532/DI 106 71
3017	3017	1 (2) Transcripts.
3018	3018	2 (3) Certification of documents.
3019	3019	3 (4) Photo duplication.
3020	3020	4 (5) Witness attendance and mileage fees.
3021	3021	5 (6) Postage.
3022	3022	6 (7) Expert witnesses.
3023	3023	7 (8) Depositions.
3024	3024	8 (9) Notarizations.
3025	3025	9 SECTION 16. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
3026	3026	10 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3027	3027	11 JULY 1, 2024]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
3028	3028	12 commission, or a committee may suspend, deny, or revoke a license or
3029	3029	13 certificate issued under this title by the board, the commission, or the
3030	3030	14 committee without an investigation by the office of the attorney general
3031	3031	15 if the individual who holds the license or certificate is convicted of any
3032	3032	16 of the following and the board, commission, or committee determines,
3033	3033	17 after the individual has appeared in person, that the offense affects the
3034	3034	18 individual's ability to perform the duties of the profession:
3035	3035	19 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
3036	3036	20 (2) Possession of methamphetamine under IC 35-48-4-6.1.
3037	3037	21 (3) Possession of a controlled substance under IC 35-48-4-7(a).
3038	3038	22 (4) Fraudulently obtaining a controlled substance under
3039	3039	23 IC 35-48-4-7(c).
3040	3040	24 (5) Manufacture of paraphernalia as a Class D felony (for a crime
3041	3041	25 committed before July 1, 2014) or a Level 6 felony (for a crime
3042	3042	26 committed after June 30, 2014) under IC 35-48-4-8.1(b).
3043	3043	27 (6) Dealing in paraphernalia as a Class D felony (for a crime
3044	3044	28 committed before July 1, 2014) or a Level 6 felony (for a crime
3045	3045	29 committed after June 30, 2014) under IC 35-48-4-8.5(b).
3046	3046	30 (7) Possession of paraphernalia as a Class D felony (for a crime
3047	3047	31 committed before July 1, 2014) or a Level 6 felony (for a crime
3048	3048	32 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
3049	3049	33 its amendment on July 1, 2015).
3050	3050	34 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
3051	3051	35 D felony (for a crime committed before July 1, 2014) or a Level
3052	3052	36 6 felony (for a crime committed after June 30, 2014) under
3053	3053	37 IC 35-48-4-11.
3054	3054	38 (9) A felony offense under IC 35-48-4 involving possession of a
3055	3055	39 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
3056	3056	40 controlled substance analog (as defined in IC 35-48-1-9.3), or
3057	3057	41 possession of a synthetic drug lookalike substance (as defined in
3058	3058	42 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
3059	3059	2024 IN 1282—LS 6532/DI 106 72
3060	3060	1 (A) Class D felony for a crime committed before July 1, 2014;
3061	3061	2 or
3062	3062	3 (B) Level 6 felony for a crime committed after June 30, 2014;
3063	3063	4 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
3064	3064	5 (10) Maintaining a common nuisance under IC 35-48-4-13
3065	3065	6 (repealed) or IC 35-45-1-5, if the common nuisance involves a
3066	3066	7 controlled substance.
3067	3067	8 (11) An offense relating to registration, labeling, and prescription
3068	3068	9 forms under IC 35-48-4-14.
3069	3069	10 (12) A sex crime under IC 35-42-4.
3070	3070	11 (13) A felony that reflects adversely on the individual's fitness to
3071	3071	12 hold a professional license.
3072	3072	13 SECTION 17. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
3073	3073	14 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3074	3074	15 JULY 1, 2024]: Sec. 3. A board, a commission, or a committee shall
3075	3075	16 revoke or suspend a license or certificate issued under this title by the
3076	3076	17 board, the commission, or the committee if the individual who holds
3077	3077	18 the license or certificate is convicted of any of the following:
3078	3078	19 (1) Dealing in a controlled substance resulting in death under
3079	3079	20 IC 35-42-1-1.5.
3080	3080	21 (2) Dealing in or manufacturing cocaine or a narcotic drug under
3081	3081	22 IC 35-48-4-1.
3082	3082	23 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
3083	3083	24 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
3084	3084	25 (5) Dealing in a schedule I, II, or III controlled substance under
3085	3085	26 IC 35-48-4-2.
3086	3086	27 (6) Dealing in a schedule IV controlled substance under
3087	3087	28 IC 35-48-4-3.
3088	3088	29 (7) Dealing in a schedule V controlled substance under
3089	3089	30 IC 35-48-4-4.
3090	3090	31 (8) Dealing in a substance represented to be a controlled
3091	3091	32 substance under IC 35-48-4-4.5 (before its repeal on July 1,
3092	3092	33 2019).
3093	3093	34 (9) Knowingly or intentionally manufacturing, advertising,
3094	3094	35 distributing, or possessing with intent to manufacture, advertise,
3095	3095	36 or distribute a substance represented to be a controlled substance
3096	3096	37 under IC 35-48-4-4.6.
3097	3097	38 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
3098	3098	39 (11) Dealing in marijuana, hash oil, hashish, or salvia or
3099	3099	40 mislabeled low THC hemp extract as a felony under
3100	3100	41 IC 35-48-4-10.
3101	3101	42 (12) An offense under IC 35-48-4 involving the manufacture or
3102	3102	2024 IN 1282—LS 6532/DI 106 73
3103	3103	1 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
3104	3104	2 synthetic drug lookalike substance (as defined in
3105	3105	3 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3106	3106	4 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
3107	3107	5 substance analog (as defined in IC 35-48-1-9.3), or a substance
3108	3108	6 represented to be a controlled substance (as described in
3109	3109	7 IC 35-48-4-4.6).
3110	3110	8 (13) A violation of any federal or state drug law or rule related to
3111	3111	9 wholesale legend drug distributors licensed under IC 25-26-14.
3112	3112	10 SECTION 18. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
3113	3113	11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3114	3114	12 JULY 1, 2024]: Sec. 1. (a) The following may be seized:
3115	3115	13 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
3116	3116	14 or are intended for use by the person or persons in possession of
3117	3117	15 them to transport or in any manner to facilitate the transportation
3118	3118	16 of the following:
3119	3119	17 (A) A controlled substance for the purpose of committing,
3120	3120	18 attempting to commit, or conspiring to commit any of the
3121	3121	19 following:
3122	3122	20 (i) Dealing in or manufacturing cocaine or a narcotic drug
3123	3123	21 (IC 35-48-4-1).
3124	3124	22 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
3125	3125	23 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
3126	3126	24 (iv) Dealing in a schedule I, II, or III controlled substance
3127	3127	25 (IC 35-48-4-2).
3128	3128	26 (v) Dealing in a schedule IV controlled substance (IC
3129	3129	27 35-48-4-3).
3130	3130	28 (vi) Dealing in a schedule V controlled substance (IC
3131	3131	29 35-48-4-4).
3132	3132	30 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
3133	3133	31 (viii) Possession of cocaine or a narcotic drug (IC
3134	3134	32 35-48-4-6).
3135	3135	33 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
3136	3136	34 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
3137	3137	35 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
3138	3138	36 mislabeled low THC hemp extract (IC 35-48-4-10).
3139	3139	37 (xii) An offense under IC 35-48-4 involving a synthetic drug
3140	3140	38 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
3141	3141	39 substance (as defined in IC 35-31.5-2-321.5 (before its
3142	3142	40 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
3143	3143	41 repeal on July 1, 2019), a controlled substance analog (as
3144	3144	42 defined in IC 35-48-1-9.3), or a substance represented to be
3145	3145	2024 IN 1282—LS 6532/DI 106 74
3146	3146	1 a controlled substance (as described in IC 35-48-4-4.6).
3147	3147	2 (xiii) A violation of IC 7.1-8.
3148	3148	3 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
3149	3149	4 property (IC 35-43-4-3) if the retail or repurchase value of that
3150	3150	5 property is one hundred dollars ($100) or more.
3151	3151	6 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
3152	3152	7 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
3153	3153	8 mass destruction (as defined in IC 35-31.5-2-354) used to
3154	3154	9 commit, used in an attempt to commit, or used in a conspiracy
3155	3155	10 to commit a felony terrorist offense (as defined in
3156	3156	11 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
3157	3157	12 furtherance of an act of terrorism (as defined by
3158	3158	13 IC 35-31.5-2-329).
3159	3159	14 (2) All money, negotiable instruments, securities, weapons,
3160	3160	15 communications devices, or any property used to commit, used in
3161	3161	16 an attempt to commit, or used in a conspiracy to commit a felony
3162	3162	17 terrorist offense (as defined in IC 35-50-2-18) or an offense under
3163	3163	18 IC 35-47 as part of or in furtherance of an act of terrorism or
3164	3164	19 commonly used as consideration for a violation of IC 35-48-4
3165	3165	20 (other than items subject to forfeiture under IC 16-42-20-5 or
3166	3166	21 IC 16-6-8.5-5.1, before its repeal):
3167	3167	22 (A) furnished or intended to be furnished by any person in
3168	3168	23 exchange for an act that is in violation of a criminal statute;
3169	3169	24 (B) used to facilitate any violation of a criminal statute; or
3170	3170	25 (C) traceable as proceeds of the violation of a criminal statute.
3171	3171	26 (3) Any portion of real or personal property purchased with
3172	3172	27 money that is traceable as a proceed of a violation of a criminal
3173	3173	28 statute.
3174	3174	29 (4) A vehicle that is used by a person to:
3175	3175	30 (A) commit, attempt to commit, or conspire to commit;
3176	3176	31 (B) facilitate the commission of; or
3177	3177	32 (C) escape from the commission of;
3178	3178	33 murder (IC 35-42-1-1), dealing in a controlled substance resulting
3179	3179	34 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
3180	3180	35 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
3181	3181	36 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
3182	3182	37 under IC 35-47 as part of or in furtherance of an act of terrorism.
3183	3183	38 (5) Real property owned by a person who uses it to commit any of
3184	3184	39 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
3185	3185	40 felony:
3186	3186	41 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
3187	3187	42 35-48-4-1).
3188	3188	2024 IN 1282—LS 6532/DI 106 75
3189	3189	1 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
3190	3190	2 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
3191	3191	3 (D) Dealing in a schedule I, II, or III controlled substance (IC
3192	3192	4 35-48-4-2).
3193	3193	5 (E) Dealing in a schedule IV controlled substance (IC
3194	3194	6 35-48-4-3).
3195	3195	7 (F) Dealing in marijuana, hash oil, hashish, or salvia or
3196	3196	8 mislabeled low THC hemp extract (IC 35-48-4-10).
3197	3197	9 (G) Dealing in a synthetic drug (as defined in
3198	3198	10 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
3199	3199	11 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
3200	3200	12 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
3201	3201	13 2019).
3202	3202	14 (H) Dealing in a controlled substance resulting in death (IC
3203	3203	15 35-42-1-1.5).
3204	3204	16 (6) Equipment and recordings used by a person to commit fraud
3205	3205	17 under IC 35-43-5.
3206	3206	18 (7) Recordings sold, rented, transported, or possessed by a person
3207	3207	19 in violation of IC 24-4-10.
3208	3208	20 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
3209	3209	21 defined by IC 35-45-6-1) that is the object of a corrupt business
3210	3210	22 influence violation (IC 35-45-6-2).
3211	3211	23 (9) Unlawful telecommunications devices (as defined in
3212	3212	24 IC 35-45-13-6) and plans, instructions, or publications used to
3213	3213	25 commit an offense under IC 35-45-13.
3214	3214	26 (10) Any equipment, including computer equipment and cellular
3215	3215	27 telephones, used for or intended for use in preparing,
3216	3216	28 photographing, recording, videotaping, digitizing, printing,
3217	3217	29 copying, or disseminating matter in violation of IC 35-42-4.
3218	3218	30 (11) Destructive devices used, possessed, transported, or sold in
3219	3219	31 violation of IC 35-47.5.
3220	3220	32 (12) Tobacco products that are sold in violation of IC 24-3-5,
3221	3221	33 tobacco products that a person attempts to sell in violation of
3222	3222	34 IC 24-3-5, and other personal property owned and used by a
3223	3223	35 person to facilitate a violation of IC 24-3-5.
3224	3224	36 (13) Property used by a person to commit counterfeiting or
3225	3225	37 forgery in violation of IC 35-43-5-2.
3226	3226	38 (14) After December 31, 2005, if a person is convicted of an
3227	3227	39 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
3228	3228	40 following real or personal property:
3229	3229	41 (A) Property used or intended to be used to commit, facilitate,
3230	3230	42 or promote the commission of the offense.
3231	3231	2024 IN 1282—LS 6532/DI 106 76
3232	3232	1 (B) Property constituting, derived from, or traceable to the
3233	3233	2 gross proceeds that the person obtained directly or indirectly
3234	3234	3 as a result of the offense.
3235	3235	4 (15) Except as provided in subsection (e), a vehicle used by a
3236	3236	5 person who operates the vehicle:
3237	3237	6 (A) while intoxicated, in violation of IC 9-30-5-1 through
3238	3238	7 IC 9-30-5-5, if in the previous five (5) years the person has two
3239	3239	8 (2) or more prior unrelated convictions for operating a motor
3240	3240	9 vehicle while intoxicated in violation of IC 9-30-5-1 through
3241	3241	10 IC 9-30-5-5; or
3242	3242	11 (B) on a highway while the person's driving privileges are
3243	3243	12 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
3244	3244	13 if in the previous five (5) years the person has two (2) or more
3245	3245	14 prior unrelated convictions for operating a vehicle while
3246	3246	15 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
3247	3247	16 If a court orders the seizure of a vehicle under this subdivision,
3248	3248	17 the court shall transmit an order to the bureau of motor vehicles
3249	3249	18 recommending that the bureau not permit a vehicle to be
3250	3250	19 registered in the name of the person whose vehicle was seized
3251	3251	20 until the person possesses a current driving license (as defined in
3252	3252	21 IC 9-13-2-41).
3253	3253	22 (16) Cannabis and cannabis products grown, processed, sold,
3254	3254	23 or offered for sale in violation of IC 7.1-8.
3255	3255	24 (16) (17) The following real or personal property:
3256	3256	25 (A) Property used or intended to be used to commit, facilitate,
3257	3257	26 or promote the commission of an offense specified in
3258	3258	27 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
3259	3259	28 IC 30-2-13-38(f).
3260	3260	29 (B) Property constituting, derived from, or traceable to the
3261	3261	30 gross proceeds that a person obtains directly or indirectly as a
3262	3262	31 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
3263	3263	32 IC 30-2-10-9(b), or IC 30-2-13-38(f).
3264	3264	33 (17) (18) Real or personal property, including a vehicle, that is
3265	3265	34 used by a person to:
3266	3266	35 (A) commit, attempt to commit, or conspire to commit;
3267	3267	36 (B) facilitate the commission of; or
3268	3268	37 (C) escape from the commission of;
3269	3269	38 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
3270	3270	39 trafficking) or IC 35-45-4-4 (promoting prostitution).
3271	3271	40 (b) A vehicle used by any person as a common or contract carrier in
3272	3272	41 the transaction of business as a common or contract carrier is not
3273	3273	42 subject to seizure under this section, unless it can be proven by a
3274	3274	2024 IN 1282—LS 6532/DI 106 77
3275	3275	1 preponderance of the evidence that the owner of the vehicle knowingly
3276	3276	2 permitted the vehicle to be used to engage in conduct that subjects it to
3277	3277	3 seizure under subsection (a).
3278	3278	4 (c) Equipment under subsection (a)(10) may not be seized unless it
3279	3279	5 can be proven by a preponderance of the evidence that the owner of the
3280	3280	6 equipment knowingly permitted the equipment to be used to engage in
3281	3281	7 conduct that subjects it to seizure under subsection (a)(10).
3282	3282	8 (d) Money, negotiable instruments, securities, weapons,
3283	3283	9 communications devices, or any property commonly used as
3284	3284	10 consideration for a violation of IC 35-48-4 found near or on a person
3285	3285	11 who is committing, attempting to commit, or conspiring to commit any
3286	3286	12 of the following offenses shall be admitted into evidence in an action
3287	3287	13 under this chapter as prima facie evidence that the money, negotiable
3288	3288	14 instrument, security, or other thing of value is property that has been
3289	3289	15 used or was to have been used to facilitate the violation of a criminal
3290	3290	16 statute or is the proceeds of the violation of a criminal statute:
3291	3291	17 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
3292	3292	18 death).
3293	3293	19 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
3294	3294	20 narcotic drug).
3295	3295	21 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
3296	3296	22 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
3297	3297	23 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
3298	3298	24 substance).
3299	3299	25 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
3300	3300	26 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
3301	3301	27 as a Level 4 felony.
3302	3302	28 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
3303	3303	29 Level 3, Level 4, or Level 5 felony.
3304	3304	30 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
3305	3305	31 3, Level 4, or Level 5 felony.
3306	3306	32 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
3307	3307	33 salvia or mislabeled low THC hemp extract) as a Level 5
3308	3308	34 felony.
3309	3309	35 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
3310	3310	36 in a synthetic drug or synthetic drug lookalike substance) as a
3311	3311	37 Level 5 felony or Level 6 felony (or as a Class C felony or Class
3312	3312	38 D felony under IC 35-48-4-10 before its amendment in 2013).
3313	3313	39 (e) A vehicle operated by a person who is not:
3314	3314	40 (1) an owner of the vehicle; or
3315	3315	41 (2) the spouse of the person who owns the vehicle;
3316	3316	42 is not subject to seizure under subsection (a)(15) unless it can be
3317	3317	2024 IN 1282—LS 6532/DI 106 78
3318	3318	1 proven by a preponderance of the evidence that the owner of the
3319	3319	2 vehicle knowingly permitted the vehicle to be used to engage in
3320	3320	3 conduct that subjects it to seizure under subsection (a)(15).
3321	3321	4 SECTION 19. IC 34-30-2.1-73.5 IS ADDED TO THE INDIANA
3322	3322	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
3323	3323	6 [EFFECTIVE JULY 1, 2024]: Sec. 73.5. IC 7.1-8-7-16 (Concerning
3324	3324	7 acts and omissions of the members of the cannabis commission and
3325	3325	8 their officers and employees).
3326	3326	9 SECTION 20. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
3327	3327	10 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3328	3328	11 JULY 1, 2024]: Sec. 185. (a) "Law enforcement officer" means:
3329	3329	12 (1) a police officer (including a tribal police officer, a correctional
3330	3330	13 police officer, and a hospital police officer employed by a hospital
3331	3331	14 police department established under IC 16-18-4), sheriff,
3332	3332	15 constable, marshal, prosecuting attorney, special prosecuting
3333	3333	16 attorney, special deputy prosecuting attorney, the securities
3334	3334	17 commissioner, or the inspector general;
3335	3335	18 (2) a deputy of any of those persons;
3336	3336	19 (3) an investigator for a prosecuting attorney or for the inspector
3337	3337	20 general;
3338	3338	21 (4) a conservation officer;
3339	3339	22 (5) an enforcement officer of the alcohol and tobacco commission
3340	3340	23 or of the cannabis commission;
3341	3341	24 (6) an enforcement officer of the securities division of the office
3342	3342	25 of the secretary of state; or
3343	3343	26 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
3344	3344	27 control officer employed by the gaming control division under
3345	3345	28 IC 4-33-20.
3346	3346	29 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
3347	3347	30 includes an alcoholic beverage enforcement officer, as set forth in
3348	3348	31 IC 35-42-2-1.
3349	3349	32 (c) "Law enforcement officer", for purposes of IC 35-45-15,
3350	3350	33 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
3351	3351	34 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
3352	3352	35 IC 35-44.1-3-2, includes a school resource officer (as defined in
3353	3353	36 IC 20-26-18.2-1) and a school corporation police officer appointed
3354	3354	37 under IC 20-26-16.
3355	3355	38 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
3356	3356	39 meaning set forth in IC 35-40.5-1-1.
3357	3357	40 SECTION 21. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
3358	3358	41 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3359	3359	42 JULY 1, 2024]: Sec. 1. (a) The definitions in this section apply
3360	3360	2024 IN 1282—LS 6532/DI 106 79
3361	3361	1 throughout this chapter.
3362	3362	2 (b) "Documentary material" means any document, drawing,
3363	3363	3 photograph, recording, or other tangible item containing compiled data
3364	3364	4 from which information can be either obtained or translated into a
3365	3365	5 usable form.
3366	3366	6 (c) "Enterprise" means:
3367	3367	7 (1) a sole proprietorship, corporation, limited liability company,
3368	3368	8 partnership, business trust, or governmental entity; or
3369	3369	9 (2) a union, an association, or a group, whether a legal entity or
3370	3370	10 merely associated in fact.
3371	3371	11 (d) "Pattern of racketeering activity" means engaging in at least two
3372	3372	12 (2) incidents of racketeering activity that have the same or similar
3373	3373	13 intent, result, accomplice, victim, or method of commission, or that are
3374	3374	14 otherwise interrelated by distinguishing characteristics that are not
3375	3375	15 isolated incidents. However, the incidents are a pattern of racketeering
3376	3376	16 activity only if at least one (1) of the incidents occurred after August
3377	3377	17 31, 1980, and if the last of the incidents occurred within five (5) years
3378	3378	18 after a prior incident of racketeering activity.
3379	3379	19 (e) "Racketeering activity" means to commit, to attempt to commit,
3380	3380	20 to conspire to commit a violation of, or aiding and abetting in a
3381	3381	21 violation of any of the following:
3382	3382	22 (1) A provision of IC 23-19, or of a rule or order issued under
3383	3383	23 IC 23-19.
3384	3384	24 (2) A violation of IC 35-45-9.
3385	3385	25 (3) A violation of IC 35-47.
3386	3386	26 (4) A violation of IC 35-49-3.
3387	3387	27 (5) Murder (IC 35-42-1-1).
3388	3388	28 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
3389	3389	29 felony after June 30, 2014 (IC 35-42-2-1).
3390	3390	30 (7) Kidnapping (IC 35-42-3-2).
3391	3391	31 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
3392	3392	32 (9) Child exploitation (IC 35-42-4-4).
3393	3393	33 (10) Robbery (IC 35-42-5-1).
3394	3394	34 (11) Carjacking (IC 35-42-5-2) (before its repeal).
3395	3395	35 (12) Arson (IC 35-43-1-1).
3396	3396	36 (13) Burglary (IC 35-43-2-1).
3397	3397	37 (14) Theft (IC 35-43-4-2).
3398	3398	38 (15) Receiving stolen property (IC 35-43-4-2) (before its
3399	3399	39 amendment on July 1, 2018).
3400	3400	40 (16) Forgery (IC 35-43-5-2).
3401	3401	41 (17) An offense under IC 35-43-5.
3402	3402	42 (18) Bribery (IC 35-44.1-1-2).
3403	3403	2024 IN 1282—LS 6532/DI 106 80
3404	3404	1 (19) Official misconduct (IC 35-44.1-1-1).
3405	3405	2 (20) Conflict of interest (IC 35-44.1-1-4).
3406	3406	3 (21) Perjury (IC 35-44.1-2-1).
3407	3407	4 (22) Obstruction of justice (IC 35-44.1-2-2).
3408	3408	5 (23) Intimidation (IC 35-45-2-1).
3409	3409	6 (24) Promoting prostitution (IC 35-45-4-4).
3410	3410	7 (25) Professional gambling (IC 35-45-5-3).
3411	3411	8 (26) Maintaining a professional gambling site (IC
3412	3412	9 35-45-5-3.5(b)).
3413	3413	10 (27) Promoting professional gambling (IC 35-45-5-4).
3414	3414	11 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
3415	3415	12 35-48-4-1).
3416	3416	13 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
3417	3417	14 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
3418	3418	15 (31) Dealing in a schedule I, II, or III controlled substance (IC
3419	3419	16 35-48-4-2).
3420	3420	17 (32) Dealing in a schedule IV controlled substance (IC
3421	3421	18 35-48-4-3).
3422	3422	19 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
3423	3423	20 (34) Dealing in marijuana, hash oil, hashish, or salvia or
3424	3424	21 mislabeled low THC hemp extract (IC 35-48-4-10).
3425	3425	22 (35) Money laundering (IC 35-45-15-5).
3426	3426	23 (36) A violation of IC 35-47.5-5.
3427	3427	24 (37) A violation of any of the following:
3428	3428	25 (A) IC 23-14-48-9.
3429	3429	26 (B) IC 30-2-9-7(b).
3430	3430	27 (C) IC 30-2-10-9(b).
3431	3431	28 (D) IC 30-2-13-38(f).
3432	3432	29 (38) Practice of law by a person who is not an attorney (IC
3433	3433	30 33-43-2-1).
3434	3434	31 (39) An offense listed in IC 35-48-4 involving the manufacture or
3435	3435	32 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
3436	3436	33 synthetic drug lookalike substance (as defined in
3437	3437	34 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3438	3438	35 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
3439	3439	36 substance analog (as defined in IC 35-48-1-9.3), or a substance
3440	3440	37 represented to be a controlled substance (as described in
3441	3441	38 IC 35-48-4-4.6).
3442	3442	39 (40) Dealing in a controlled substance resulting in death (IC
3443	3443	40 35-42-1-1.5).
3444	3444	41 (41) Organized retail theft (IC 35-43-4-2.2).
3445	3445	42 SECTION 22. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
3446	3446	2024 IN 1282—LS 6532/DI 106 81
3447	3447	1 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3448	3448	2 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (b) and
3449	3449	3 (c), a person who operates a motorboat while:
3450	3450	4 (1) having an alcohol concentration equivalent (as defined in
3451	3451	5 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
3452	3452	6 per:
3453	3453	7 (A) one hundred (100) milliliters of the person's blood; or
3454	3454	8 (B) two hundred ten (210) liters of the person's breath;
3455	3455	9 (2) having a controlled substance listed in schedule I or II of
3456	3456	10 IC 35-48-2 or its metabolite in the person's body; or
3457	3457	11 (3) intoxicated;
3458	3458	12 commits a Class C misdemeanor.
3459	3459	13 (b) The offense is a Level 6 felony if:
3460	3460	14 (1) the person has a previous conviction under:
3461	3461	15 (A) IC 14-1-5 (repealed);
3462	3462	16 (B) IC 14-15-8-8 (repealed); or
3463	3463	17 (C) this chapter; or
3464	3464	18 (2) the offense results in serious bodily injury to another person.
3465	3465	19 (c) The offense is a Level 5 felony if the offense results in the death
3466	3466	20 or catastrophic injury of another person.
3467	3467	21 (d) It is a defense to a prosecution under subsection (a)(2) that:
3468	3468	22 (1) the accused person consumed the controlled substance in
3469	3469	23 accordance with a valid prescription or order of a practitioner (as
3470	3470	24 defined in IC 35-48-1-24) who acted in the course of the
3471	3471	25 practitioner's professional practice; or
3472	3472	26 (2) the:
3473	3473	27 (A) controlled substance is marijuana or a metabolite of
3474	3474	28 marijuana; and
3475	3475	29 (B) person was not intoxicated.
3476	3476	30 SECTION 23. IC 35-48-2-4, AS AMENDED BY P.L.48-2023,
3477	3477	31 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3478	3478	32 JULY 1, 2024]: Sec. 4. (a) The controlled substances listed in this
3479	3479	33 section are included in schedule I.
3480	3480	34 (b) Opiates. Any of the following opiates, including their isomers,
3481	3481	35 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
3482	3482	36 specifically excepted by rule of the board or unless listed in another
3483	3483	37 schedule, whenever the existence of these isomers, esters, ethers, and
3484	3484	38 salts is possible within the specific chemical designation:
3485	3485	39 4-fluoroisobutyryl fentanyl
3486	3486	40 Acetyl-alpha-methylfentanyl
3487	3487	41 (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide)
3488	3488	42 (9815)
3489	3489	2024 IN 1282—LS 6532/DI 106 82
3490	3490	1 Acetyl fentanyl (Other names include:
3491	3491	2 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
3492	3492	3 Acetylmethadol (9601)
3493	3493	4 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
3494	3494	5 N-phenylacrylamide
3495	3495	6 Allylprodine (9602)
3496	3496	7 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
3497	3497	8 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
3498	3498	9 Alphacetylmethadol (9603)
3499	3499	10 Alphameprodine (9604)
3500	3500	11 Alphamethadol (9605)
3501	3501	12 Alphamethylfentanyl (9814)
3502	3502	13 Benzethidine (9606)
3503	3503	14 Beta-hydroxy-3-methylfentanyl (9831). Other name:
3504	3504	15 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
3505	3505	16 ]-N-phenylpropanamide
3506	3506	17 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
3507	3507	18 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
3508	3508	19 Betacetylmethadol (9607)
3509	3509	20 Betameprodine (9608)
3510	3510	21 Betamethadol (9609)
3511	3511	22 Betaprodine (9611)
3512	3512	23 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1yl)-N,N-dieth
3513	3513	24 ylethan-1-amine (butonitazene); other name: butoxynitazene
3514	3514	25 Clonitazene (9612)
3515	3515	26 Cyclopentyl fentanyl. Other name:
3516	3516	27 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
3517	3517	28 Dextromoramide (9613)
3518	3518	29 Diampromide (9615)
3519	3519	30 Diethylthiambutene (9616)
3520	3520	31 N,N-diethyl-2-(2-(4-flourobenzyl)-5-nitro-1H-benzimidazol-1-y
3521	3521	32 l)ethan-1-amine (flunitazene)
3522	3522	33 N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)eth
3523	3523	34 an-1-amine (metodesnitazene)
3524	3524	35 N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-
3525	3525	36 1-yl)ethan-1-amine (metonitazene)
3526	3526	37 N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-
3527	3527	38 1-yl)ethan-1-amine (protonitazene); other name: pronitazene
3528	3528	39 Difenoxin (9168)
3529	3529	40 Dimenoxadol (9617)
3530	3530	41 Dimepheptanol (9618)
3531	3531	42 Dimethylthiambutene (9619)
3532	3532	2024 IN 1282—LS 6532/DI 106 83
3533	3533	1 Dioxaphetyl butyrate (9621)
3534	3534	2 D i p i p a n o n e
3535	3535	3 (9622)2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1yl)-N,N-diethy
3536	3536	4 lethan-1-amine (etodesnitazene; etazene)
3537	3537	5 2-(4-ethnoxybenzyl)5-nitro-1(2-(pyrorolidin-1-yl)ethyl)-1H-ben
3538	3538	6 zimidazol (N-pyrrolidino etonizatene; etonitazepyne)
3539	3539	7 Ethylmethylthiambutene (9623)
3540	3540	8 Etonitazene (9624)
3541	3541	9 Etoxeridine (9625)
3542	3542	10 Fentanyl related substances.
3543	3543	11 Furanyl fentanyl.
3544	3544	12 Furethidine (9626)
3545	3545	13 Hydroxypethidine (9627)
3546	3546	14 Isobutyryl fentanyl. Other name:
3547	3547	15 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
3548	3548	16 Isotonitazene. Other name: N,N-diethyl-2-
3549	3549	17 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
3550	3550	18 1-yl)ethan-1-amine)
3551	3551	19 Ketobemidone (9628)
3552	3552	20 Levomoramide (9629)
3553	3553	21 Levophenacylmorphan (9631)
3554	3554	22 Methoxyacetyl fentanyl. Other name:
3555	3555	23 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
3556	3556	24 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
3557	3557	25 piperidyl]-N-phenyl-propanimide](9813)
3558	3558	26 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
3559	3559	27 piperidinyl]-N-phenylpropanamide) (9833)
3560	3560	28 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
3561	3561	29 Morpheridine (9632)
3562	3562	30 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
3563	3563	31 including any isomers, salts, or salts of isomers (9818)
3564	3564	32 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
3565	3565	33 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
3566	3566	34 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
3567	3567	35 (beta-hydroxythiofentanyl)
3568	3568	36 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
3569	3569	37 (para-chloroisobutyryl fentanyl)
3570	3570	38 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3571	3571	39 acetamide (ocfentanil)
3572	3572	40 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
3573	3573	41 (para-fluorobutyryl fentanyl)
3574	3574	42 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
3575	3575	2024 IN 1282—LS 6532/DI 106 84
3576	3576	1 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
3577	3577	2 fentanyl)
3578	3578	3 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
3579	3579	4 fentanyl)
3580	3580	5 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
3581	3581	6 (para-methoxybutyryl fentanyl)
3582	3582	7 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
3583	3583	8 (thenylfentanyl), including any isomers, salts, or salts of isomers
3584	3584	9 (9834)N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
3585	3585	10 (isobutyryl fentanyl)
3586	3586	11 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
3587	3587	12 (cyclopentyl fentanyl)
3588	3588	13 Noracymethadol (9633)
3589	3589	14 Norlevorphanol (9634)
3590	3590	15 Normethadone (9635)
3591	3591	16 Norpipanone (9636)
3592	3592	17 Ocfentanil. Other name:
3593	3593	18 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3594	3594	19 acetamide
3595	3595	20 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
3596	3596	21 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
3597	3597	22 Para-chloroisobutyryl fentanyl. Other name:
3598	3598	23 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
3599	3599	24 Para-fluorobutyryl fentanyl. Other name:
3600	3600	25 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3601	3601	26 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
3602	3602	27 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
3603	3603	28 Para-methoxybutyryl fentanyl. Other name:
3604	3604	29 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3605	3605	30 Phenadoxone (9637)
3606	3606	31 Phenampromide (9638)
3607	3607	32 Phenomorphan (9647)
3608	3608	33 Phenoperidine (9641)
3609	3609	34 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
3610	3610	35 Piritramide (9642)
3611	3611	36 Proheptazine (9643)
3612	3612	37 Properidine (9644)
3613	3613	38 Propiram (9649)
3614	3614	39 Racemoramide (9645)
3615	3615	40 Tetrahydrofuranyl fentanyl. Other name:
3616	3616	41 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
3617	3617	42 oxamide
3618	3618	2024 IN 1282—LS 6532/DI 106 85
3619	3619	1 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
3620	3620	2 piperidinyl]-propanamide) (9835)
3621	3621	3 Tianeptine (7-[(3-chloro-6-methyl-5,5-dioxo-11H-benzo[c]
3622	3622	4 [2,1]benzothiazepin-11-yl)amino]heptanoic acid)
3623	3623	5 Tilidine (9750)
3624	3624	6 Trimeperidine (9646)
3625	3625	7 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
3626	3626	8 N-methyl- benzamide)
3627	3627	9 Valeryl fentanyl. Other name:
3628	3628	10 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
3629	3629	11 Zipeprol (1-methoxy-3- [4-(2-methoxy-2-phenylethyl) piperazin-
3630	3630	12 1-yl]- 1- phenylpropan- 2-ol)
3631	3631	13 (c) Opium derivatives. Any of the following opium derivatives, their
3632	3632	14 salts, isomers, and salts of isomers, unless specifically excepted by rule
3633	3633	15 of the board or unless listed in another schedule, whenever the
3634	3634	16 existence of these salts, isomers, and salts of isomers is possible within
3635	3635	17 the specific chemical designation:
3636	3636	18 Acetorphine (9319)
3637	3637	19 Acetyldihydrocodeine (9051)
3638	3638	20 Benzylmorphine (9052)
3639	3639	21 Codeine methylbromide (9070)
3640	3640	22 Codeine-N-Oxide (9053)
3641	3641	23 Cyprenorphine (9054)
3642	3642	24 Desomorphine (9055)
3643	3643	25 Dihydromorphine (9145)
3644	3644	26 Drotebanol (9335)
3645	3645	27 Etorphine (except hydrochloride salt) (9056)
3646	3646	28 Heroin (9200)
3647	3647	29 Hydromorphinol (9301)
3648	3648	30 Methyldesorphine (9302)
3649	3649	31 Methyldihydromorphine (9304)
3650	3650	32 Morphine methylbromide (9305)
3651	3651	33 Morphine methylsulfonate (9306)
3652	3652	34 Morphine-N-Oxide (9307)
3653	3653	35 Myrophine (9308)
3654	3654	36 Nicocodeine (9309)
3655	3655	37 Nicomorphine (9312)
3656	3656	38 Normorphine (9313)
3657	3657	39 Pholcodine (9314)
3658	3658	40 Thebacon (9315)
3659	3659	41 (d) Hallucinogenic substances. Unless specifically excepted or
3660	3660	42 unless listed in another schedule, any material, compound, mixture, or
3661	3661	2024 IN 1282—LS 6532/DI 106 86
3662	3662	1 preparation which contains any quantity of the following
3663	3663	2 hallucinogenic, psychedelic, or psychogenic substances, their salts,
3664	3664	3 isomers, and salts of isomers whenever the existence of these salts,
3665	3665	4 isomers, and salts of isomers is possible within the specific chemical
3666	3666	5 designation (for purposes of this subsection only, the term "isomer"
3667	3667	6 includes the optical, position, and geometric isomers):
3668	3668	7 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
3669	3669	8 TCPy.
3670	3670	9 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
3671	3671	10 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
3672	3672	11 4-Bromo-2, 5-DMA.
3673	3673	12 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
3674	3674	13 or other names:
3675	3675	14 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
3676	3676	15 alpha-desmethyl DOB; 2C-B, Nexus.
3677	3677	16 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
3678	3678	17 DOET.
3679	3679	18 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
3680	3680	19 Other name: 2C-T-7.
3681	3681	20 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
3682	3682	21 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
3683	3683	22 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
3684	3684	23 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
3685	3685	24 PMA.
3686	3686	25 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
3687	3687	26 Name: MMDA.
3688	3688	27 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
3689	3689	28 isomers, salts, or salts of isomers (7439). Other name:
3690	3690	29 5-MeO-DIPT.
3691	3691	30 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
3692	3692	31 and other names: 4-methyl-2,
3693	3693	32 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
3694	3694	33 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
3695	3695	34 MDA.
3696	3696	35 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
3697	3697	36 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
3698	3698	37 phenethylamine; N-ethyl MDA; MDE; and MDEA.
3699	3699	38 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
3700	3700	39 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
3701	3701	40 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
3702	3702	41 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
3703	3703	42 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
3704	3704	2024 IN 1282—LS 6532/DI 106 87
3705	3705	1 (16) Alpha-methyltryptamine (7432). Other name: AMT.
3706	3706	2 (17) Bufotenine (7433). Some trade and other names:
3707	3707	3 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
3708	3708	4 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
3709	3709	5 5-hydroxy-N, N-dimethyltryptamine; mappine.
3710	3710	6 (18) Diethyltryptamine (7434). Some trade or other names: N,
3711	3711	7 N-Diethyltryptamine; DET.
3712	3712	8 (19) Dimethyltryptamine (7435). Some trade or other names:
3713	3713	9 DMT.
3714	3714	10 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
3715	3715	11 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
3716	3716	12 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
3717	3717	13 (21) Lysergic acid diethylamide (7315). Other name: LSD.
3718	3718	14 (22) Marijuana (7360).
3719	3719	15 (23) (22) Mescaline (7381).
3720	3720	16 (24) (23) Methoxetamine[2-(ethylamino)-2-(3-methoxyphenyl)
3721	3721	17 cyclohexan-1-one or 2-(3-methoxyphenyl)-2-(ethylamino)-
3722	3722	18 cyclohexanone].
3723	3723	19 (25) (24) Parahexyl (7374). Some trade or other names:
3724	3724	20 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
3725	3725	21 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
3726	3726	22 (26) (25) Peyote (7415), including:
3727	3727	23 (A) all parts of the plant that are classified botanically as
3728	3728	24 lophophora williamsii lemaire, whether growing or not;
3729	3729	25 (B) the seeds thereof;
3730	3730	26 (C) any extract from any part of the plant; and
3731	3731	27 (D) every compound, manufacture, salt, derivative, mixture, or
3732	3732	28 preparation of the plant, its seeds, or extracts.
3733	3733	29 (27) (26) N-ethyl-3-piperidyl benzilate (7482). Other name:
3734	3734	30 DMZ.
3735	3735	31 (28) (27) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
3736	3736	32 Other names: N-hydroxy-alpha-methyl-3,4
3737	3737	33 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
3738	3738	34 (29) (28) N-methyl-3-piperidyl benzilate (7484). Other name:
3739	3739	35 LBJ.
3740	3740	36 (30) (29) Psilocybin (7437).
3741	3741	37 (31) (30) Psilocyn (7438).
3742	3742	38 (32) (31) Tetrahydrocannabinols (7370), including synthetic
3743	3743	39 equivalents of the substances contained in the plant, or in the
3744	3744	40 resinous extractives of Cannabis, sp. and synthetic substances,
3745	3745	41 derivatives, and their isomers with similar chemical structure and
3746	3746	42 pharmacological activity such as:
3747	3747	2024 IN 1282—LS 6532/DI 106 88
3748	3748	1 (A) ð
3749	3749	1
3750	3750	cis or trans tetrahydrocannabinol, and their optical
3751	3751	2 isomers;
3752	3752	3 (B) ð
3753	3753	6
3754	3754	cis or trans tetrahydrocannabinol, and their optical
3755	3755	4 isomers; and
3756	3756	5 (C) ð
3757	3757	3,
3758	3758	4 cis or trans tetrahydrocannabinol, and their optical
3759	3759	6 isomers.
3760	3760	7 Since nomenclature of these substances is not internationally
3761	3761	8 standardized, compounds of these structures, regardless of
3762	3762	9 numerical designation of atomic positions are covered. Other
3763	3763	10 name: THC.
3764	3764	11 (33) (32) Ethylamine analog of phencyclidine (7455). Some trade
3765	3765	12 or other names: N-Ethyl-1-phenylcyclohexylamine;
3766	3766	13 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
3767	3767	14 ethylamine; cyclohexamine; PCE.
3768	3768	15 (34) (33) Pyrrolidine analog of phencyclidine (7458). Some trade
3769	3769	16 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
3770	3770	y; PHP.
3771	3771	17 (35) (34) Thiophene analog of phencyclidine (7470). Some trade
3772	3772	18 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
3773	3773	19 Analog of Phencyclidine; TPCP.
3774	3774	20 (36) (35) Salvia divinorum or salvinorin A, including:
3775	3775	21 (A) all parts of the plant that are classified botanically as salvia
3776	3776	22 divinorum, whether growing or not;
3777	3777	23 (B) the seeds of the plant;
3778	3778	24 (C) any extract from any part of the plant; and
3779	3779	25 (D) every compound, manufacture, salt, derivative, mixture, or
3780	3780	26 preparation of the plant, its seeds, or extracts.
3781	3781	27 (37) (36) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
3782	3782	28 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
3783	3783	29 5-MeO-DMT.
3784	3784	30 (38) (37) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
3785	3785	31 (39) (38) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
3786	3786	32 (40) (39) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
3787	3787	33 (41) (40) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
3788	3788	34 (42) (41) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
3789	3789	35 (2C-T-2).
3790	3790	36 (43) (42) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
3791	3791	37 (2C-T-4).
3792	3792	38 (44) (43) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
3793	3793	39 (45) (44) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
3794	3794	40 (46) (45) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
3795	3795	41 (2C-P).
3796	3796	42 (47) (46) Deschloroketamine (2-Phenyl-2-
3797	3797	2024 IN 1282—LS 6532/DI 106 89
3798	3798	1 (methylamino)cyclohexanone).
3799	3799	2 (48) (47) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
3800	3800	3 ethyltryptamine).
3801	3801	4 (49) (48) N-methyltryptamine (1H-Indole-3-ethanamine,
3802	3802	5 N-methyl-).
3803	3803	6 (e) Depressants. Unless specifically excepted in a rule adopted by
3804	3804	7 the board or unless listed in another schedule, any material, compound,
3805	3805	8 mixture, or preparation which contains any quantity of the following
3806	3806	9 substances having a depressant effect on the central nervous system,
3807	3807	10 including its salts, isomers, and salts of isomers whenever the existence
3808	3808	11 of such salts, isomers, and salts of isomers is possible within the
3809	3809	12 specific chemical designation:
3810	3810	13 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
3811	3811	14 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
3812	3812	15 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
3813	3813	16 Pasaden)
3814	3814	17 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
3815	3815	18 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
3816	3816	19 Gamma-hydroxybutyric acid (other names include GHB;
3817	3817	20 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
3818	3818	21 oxybate; sodium oxybutyrate) (2010)
3819	3819	22 Mecloqualone (2572)
3820	3820	23 Methaqualone (2565)
3821	3821	24 (f) Stimulants. Unless specifically excepted or unless listed in
3822	3822	25 another schedule, any material, compound, mixture, or preparation that
3823	3823	26 contains any quantity of the following substances having a stimulant
3824	3824	27 effect on the central nervous system, including its salts, isomers, and
3825	3825	28 salts of isomers:
3826	3826	29 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
3827	3827	30 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
3828	3828	31 Amineptine (7-[(10,11-dihydro-5H- dibenzo[a,d]cyclohepten- 5-
3829	3829	32 yl)amino] heptanoic acid).
3830	3830	33 Aminorex (1585). Other names: aminoxaphen;
3831	3831	34 2-amino-5-phenyl-2-oxazoline; or
3832	3832	35 4,5-dihydro-5-phenyl-2-oxazolamine.
3833	3833	36 4,4'-Dimethylaminorex (4,4'-DMAR; 4,5-dihydro- 4-methyl-5-(4-
3834	3834	37 methylphenyl)- 2- oxazolamine; 4-methyl-5- (4-methylphenyl)-
3835	3835	38 4,5-dihydro-1,3-oxazol- 2-amine).
3836	3836	39 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
3837	3837	40 -1-one. Synonyms: BMDP, N-benzyl methylone,
3838	3838	41 3,4-Methylenedioxy-Nbenzylcathinone,
3839	3839	42 N-benzyl-3,4-methylenedioxycathinone.
3840	3840	2024 IN 1282—LS 6532/DI 106 90
3841	3841	1 Cathinone (1235). Some trade or other names:
3842	3842	2 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
3843	3843	3 2-aminopropiophenone; and norephedrone.
3844	3844	4 Fenethylline (1503).
3845	3845	5 N-Benzylpiperazine (7493). Other names: BZP; and
3846	3846	6 1-benzylpiperazine.
3847	3847	7 N-ethylamphetamine (1475).
3848	3848	8 Mesocarb (N-phenyl-N-(3-(1-
3849	3849	9 phenylpropan-2-yl)-1,2,3-oxadiazol-3- ium-5yl)carbamimidate).
3850	3850	10 Methcathinone (1237). Some other trade names:
3851	3851	11 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
3852	3852	12 Monomethylpropion; UR 1431.
3853	3853	13 N, N-dimethylamphetamine (1480). Other names: N,
3854	3854	14 N-alpha-trimethyl-benzeneethanamine; and N,
3855	3855	15 N-alpha-trimethylphenethylamine.
3856	3856	16 N-methyl-1- (thiophen-2-yl) propan-2- amine (methiopropamine).
3857	3857	17 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
3858	3858	18 SECTION 24. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
3859	3859	19 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3860	3860	20 JULY 1, 2024]: Sec. 8.5. (a) A person who keeps for sale, offers for
3861	3861	21 sale, delivers, or finances the delivery of a raw material, an instrument,
3862	3862	22 a device, or other object that is intended to be or that is designed or
3863	3863	23 marketed to be used primarily for:
3864	3864	24 (1) ingesting, inhaling, or otherwise introducing into the human
3865	3865	25 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
3866	3866	26 controlled substance;
3867	3867	27 (2) testing the strength, effectiveness, or purity of marijuana, hash
3868	3868	28 oil, hashish, salvia, a synthetic drug, or a controlled substance;
3869	3869	29 (3) enhancing the effect of a controlled substance;
3870	3870	30 (4) manufacturing, compounding, converting, producing,
3871	3871	31 processing, or preparing marijuana, hash oil, hashish, salvia, a
3872	3872	32 synthetic drug, or a controlled substance;
3873	3873	33 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
3874	3874	34 synthetic drug, or a controlled substance by individuals; or
3875	3875	35 (6) any purpose announced or described by the seller that is in
3876	3876	36 violation of this chapter;
3877	3877	37 commits a Class A infraction for dealing in paraphernalia.
3878	3878	38 (b) A person who knowingly or intentionally violates subsection (a)
3879	3879	39 commits a Class A misdemeanor. However, the offense is a Level 6
3880	3880	40 felony if the person has a prior unrelated judgment or conviction under
3881	3881	41 this section.
3882	3882	42 (c) This section does not apply to the following:
3883	3883	2024 IN 1282—LS 6532/DI 106 91
3884	3884	1 (1) Items marketed for use in the preparation, compounding,
3885	3885	2 packaging, labeling, or other use of marijuana, hash oil, hashish,
3886	3886	3 salvia, a synthetic drug, or a controlled substance as an incident
3887	3887	4 to lawful research, teaching, or chemical analysis and not for sale.
3888	3888	5 (2) Items marketed for or historically and customarily used in
3889	3889	6 connection with the planting, propagating, cultivating, growing,
3890	3890	7 harvesting, manufacturing, compounding, converting, producing,
3891	3891	8 processing, preparing, testing, analyzing, packaging, repackaging,
3892	3892	9 storing, containing, concealing, injecting, ingesting, or inhaling
3893	3893	10 of tobacco or any other lawful substance.
3894	3894	11 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
3895	3895	12 a syringe or needle as part of a program under IC 16-41-7.5.
3896	3896	13 (4) Any entity or person that provides funding to a qualified entity
3897	3897	14 (as defined in IC 16-41-7.5-3) to operate a program described in
3898	3898	15 IC 16-41-7.5.
3899	3899	16 SECTION 25. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
3900	3900	17 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3901	3901	18 JULY 1, 2024]: Sec. 10. (a) A person who:
3902	3902	19 (1) knowingly or intentionally:
3903	3903	20 (A) manufactures;
3904	3904	21 (B) finances the manufacture of;
3905	3905	22 (C) delivers; or
3906	3906	23 (D) finances the delivery of;
3907	3907	24 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
3908	3908	25 (2) possesses, with intent to:
3909	3909	26 (A) manufacture;
3910	3910	27 (B) finance the manufacture of;
3911	3911	28 (C) deliver; or
3912	3912	29 (D) finance the delivery of;
3913	3913	30 marijuana, hash oil, hashish, or salvia, pure or adulterated;
3914	3914	31 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
3915	3915	32 misdemeanor, except as provided in subsections (b) through (d).
3916	3916	33 (b) A person may be convicted of an offense under subsection (a)(2)
3917	3917	34 only if:
3918	3918	35 (1) there is evidence in addition to the weight of the drug that the
3919	3919	36 person intended to manufacture, finance the manufacture of,
3920	3920	37 deliver, or finance the delivery of the drug; or
3921	3921	38 (2) the amount of the drug involved is at least
3922	3922	39 (A) ten (10) pounds, if the drug is marijuana; or
3923	3923	40 (B) three hundred (300) grams, if the drug is hash oil, hashish,
3924	3924	41 or salvia.
3925	3925	42 (c) The offense is a Level 6 felony if:
3926	3926	2024 IN 1282—LS 6532/DI 106 92
3927	3927	1 (1) the person has a prior conviction for a drug offense and the
3928	3928	2 amount of the drug involved is
3929	3929	3 (A) less than thirty (30) grams of marijuana; or
3930	3930	4 (B) less than five (5) grams of hash oil, hashish, or salvia; or
3931	3931	5 (2) the amount of the drug involved is
3932	3932	6 (A) at least thirty (30) grams but less than ten (10) pounds of
3933	3933	7 marijuana; or
3934	3934	8 (B) at least five (5) grams but less than three hundred (300)
3935	3935	9 grams of hash oil, hashish, or salvia.
3936	3936	10 (d) The offense is a Level 5 felony if:
3937	3937	11 (1) the person has a prior conviction for a drug dealing offense
3938	3938	12 and the amount of the drug involved is
3939	3939	13 (A) at least thirty (30) grams but less than ten (10) pounds of
3940	3940	14 marijuana; or
3941	3941	15 (B) at least five (5) grams but less than three hundred (300)
3942	3942	16 grams of hash oil, hashish, or salvia; or
3943	3943	17 (2) the:
3944	3944	18 (A) amount of the drug involved is
3945	3945	19 (i) at least ten (10) pounds of marijuana; or
3946	3946	20 (ii) at least three hundred (300) grams of hash oil, hashish,
3947	3947	21 or salvia; or
3948	3948	22 (B) offense involved a sale to a minor. or
3949	3949	23 (3) the:
3950	3950	24 (A) person is a retailer;
3951	3951	25 (B) marijuana, hash oil, hashish, or salvia is packaged in a
3952	3952	26 manner that appears to be low THC hemp extract; and
3953	3953	27 (C) person knew or reasonably should have known that the
3954	3954	28 product was marijuana, hash oil, hashish, or salvia.
3955	3955	29 (e) A retailer who:
3956	3956	30 (1) knowingly or intentionally:
3957	3957	31 (A) manufactures;
3958	3958	32 (B) finances the manufacture of;
3959	3959	33 (C) delivers; or
3960	3960	34 (D) finances the delivery of;
3961	3961	35 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3962	3962	36 that is packaged in a manner that appears to be low THC
3963	3963	37 hemp extract; or
3964	3964	38 (2) possesses, with intent to:
3965	3965	39 (A) manufacture;
3966	3966	40 (B) finance the manufacture of;
3967	3967	41 (C) deliver; or
3968	3968	42 (D) finance the delivery of;
3969	3969	2024 IN 1282—LS 6532/DI 106 93
3970	3970	1 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3971	3971	2 that is packaged in a manner that appears to be low THC
3972	3972	3 hemp extract;
3973	3973	4 commits dealing in mislabeled low THC hemp extract, a Level 5
3974	3974	5 felony, if the retailer knew or reasonably should have known that
3975	3975	6 the product was marijuana, hash oil, hashish, or salvia.
3976	3976	7 SECTION 26. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
3977	3977	8 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3978	3978	9 JULY 1, 2024]: Sec. 11. (a) A person who
3979	3979	10 (1) knowingly or intentionally possesses (pure or adulterated)
3980	3980	11 marijuana, hash oil, hashish, or salvia
3981	3981	12 (2) knowingly or intentionally grows or cultivates marijuana; or
3982	3982	13 (3) knowing that marijuana is growing on the person's premises,
3983	3983	14 fails to destroy the marijuana plants;
3984	3984	15 commits possession of marijuana, hash oil, hashish, or salvia, a Class
3985	3985	16 B misdemeanor, except as provided in subsections (b) through (c).
3986	3986	17 (b) The offense described in subsection (a) is a Class A
3987	3987	18 misdemeanor if
3988	3988	19 (1) the person has a prior conviction for a drug offense. or
3989	3989	20 (2) the:
3990	3990	21 (A) marijuana, hash oil, hashish, or salvia is packaged in a
3991	3991	22 manner that appears to be low THC hemp extract; and
3992	3992	23 (B) person knew or reasonably should have known that the
3993	3993	24 product was marijuana, hash oil, hashish, or salvia.
3994	3994	25 (c) The offense described in subsection (a) is a Level 6 felony if:
3995	3995	26 (1) the person has a prior conviction for a drug offense; and
3996	3996	27 (2) the person possesses
3997	3997	28 (A) at least thirty (30) grams of marijuana; or
3998	3998	29 (B) at least five (5) grams of hash oil, hashish, or salvia.
3999	3999	30 (d) A person who:
4000	4000	31 (1) knowingly or intentionally possesses (pure or adulterated)
4001	4001	32 marijuana, hash oil, hashish, or salvia that is packaged in a
4002	4002	33 manner that appears to be low THC hemp extract; and
4003	4003	34 (2) knew or reasonably should have known that the product
4004	4004	35 was marijuana, hash oil, hashish, or salvia;
4005	4005	36 commits possession of mislabeled low THC hemp extract, a Class
4006	4006	37 A misdemeanor.
4007	4007	38 SECTION 27. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
4008	4008	39 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4009	4009	40 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (i), (j), or
4010	4010	41 (l), or (m), in addition to any sentence imposed under this article for a
4011	4011	42 felony or misdemeanor, the court may, as a condition of probation or
4012	4012	2024 IN 1282—LS 6532/DI 106 94
4013	4013	1 without placing the person on probation, order the person to make
4014	4014	2 restitution to the victim of the crime, the victim's estate, or the family
4015	4015	3 of a victim who is deceased. The court shall base its restitution order
4016	4016	4 upon a consideration of:
4017	4017	5 (1) property damages of the victim incurred as a result of the
4018	4018	6 crime, based on the actual cost of repair (or replacement if repair
4019	4019	7 is inappropriate);
4020	4020	8 (2) medical and hospital costs incurred by the victim (before the
4021	4021	9 date of sentencing) as a result of the crime;
4022	4022	10 (3) the cost of medical laboratory tests to determine if the crime
4023	4023	11 has caused the victim to contract a disease or other medical
4024	4024	12 condition;
4025	4025	13 (4) earnings lost by the victim (before the date of sentencing) as
4026	4026	14 a result of the crime including earnings lost while the victim was
4027	4027	15 hospitalized or participating in the investigation or trial of the
4028	4028	16 crime; and
4029	4029	17 (5) funeral, burial, or cremation costs incurred by the family or
4030	4030	18 estate of a homicide victim as a result of the crime.
4031	4031	19 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
4032	4032	20 a judgment lien that:
4033	4033	21 (1) attaches to the property of the person subject to the order;
4034	4034	22 (2) may be perfected;
4035	4035	23 (3) may be enforced to satisfy any payment that is delinquent
4036	4036	24 under the restitution order by the person in whose favor the order
4037	4037	25 is issued or the person's assignee; and
4038	4038	26 (4) expires;
4039	4039	27 in the same manner as a judgment lien created in a civil proceeding.
4040	4040	28 (c) When a restitution order is issued under subsection (a), the
4041	4041	29 issuing court may order the person to pay the restitution, or part of the
4042	4042	30 restitution, directly to:
4043	4043	31 (1) the victim services division of the Indiana criminal justice
4044	4044	32 institute in an amount not exceeding:
4045	4045	33 (A) the amount of the award, if any, paid to the victim under
4046	4046	34 IC 5-2-6.1; and
4047	4047	35 (B) the cost of the reimbursements, if any, for emergency
4048	4048	36 services provided to the victim under IC 16-10-1.5 (before its
4049	4049	37 repeal) or IC 16-21-8; or
4050	4050	38 (2) a probation department that shall forward restitution or part of
4051	4051	39 restitution to:
4052	4052	40 (A) a victim of a crime;
4053	4053	41 (B) a victim's estate; or
4054	4054	42 (C) the family of a victim who is deceased.
4055	4055	2024 IN 1282—LS 6532/DI 106 95
4056	4056	1 The victim services division of the Indiana criminal justice institute
4057	4057	2 shall deposit the restitution it receives under this subsection in the
4058	4058	3 violent crime victims compensation fund established by IC 5-2-6.1-40.
4059	4059	4 (d) When a restitution order is issued under subsection (a), (i), (j),
4060	4060	5 or (l), or (m), the issuing court shall send a certified copy of the order
4061	4061	6 to the clerk of the circuit court in the county where the felony or
4062	4062	7 misdemeanor charge was filed. The restitution order must include the
4063	4063	8 following information:
4064	4064	9 (1) The name and address of the person that is to receive the
4065	4065	10 restitution.
4066	4066	11 (2) The amount of restitution the person is to receive.
4067	4067	12 Upon receiving the order, the clerk shall enter and index the order in
4068	4068	13 the circuit court judgment docket in the manner prescribed by
4069	4069	14 IC 33-32-3-2. The clerk shall also notify the department of insurance
4070	4070	15 of an order of restitution under subsection (i).
4071	4071	16 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
4072	4072	17 does not bar a civil action for:
4073	4073	18 (1) damages that the court did not require the person to pay to the
4074	4074	19 victim under the restitution order but arise from an injury or
4075	4075	20 property damage that is the basis of restitution ordered by the
4076	4076	21 court; and
4077	4077	22 (2) other damages suffered by the victim.
4078	4078	23 (f) Regardless of whether restitution is required under subsection (a)
4079	4079	24 as a condition of probation or other sentence, the restitution order is not
4080	4080	25 discharged by the completion of any probationary period or other
4081	4081	26 sentence imposed for a felony or misdemeanor.
4082	4082	27 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
4083	4083	28 not discharged by the liquidation of a person's estate by a receiver
4084	4084	29 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
4085	4085	30 IC 34-1-12, or IC 34-2-7 before their repeal).
4086	4086	31 (h) The attorney general may pursue restitution ordered by the court
4087	4087	32 under subsections (a) and (c) on behalf of the victim services division
4088	4088	33 of the Indiana criminal justice institute established under IC 5-2-6-8.
4089	4089	34 (i) The court may order the person convicted of an offense under
4090	4090	35 IC 35-43-9 to make restitution to the victim of the crime. The court
4091	4091	36 shall base its restitution order upon a consideration of the amount of
4092	4092	37 money that the convicted person converted, misappropriated, or
4093	4093	38 received, or for which the convicted person conspired. The restitution
4094	4094	39 order issued for a violation of IC 35-43-9 must comply with
4095	4095	40 subsections (b), (d), (e), and (g), and is not discharged by the
4096	4096	41 completion of any probationary period or other sentence imposed for
4097	4097	42 a violation of IC 35-43-9.
4098	4098	2024 IN 1282—LS 6532/DI 106 96
4099	4099	1 (j) The court may order the person convicted of an offense under
4100	4100	2 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
4101	4101	3 victim's estate, or the family of a victim who is deceased. The court
4102	4102	4 shall base its restitution order upon a consideration of the amount of
4103	4103	5 fraud or harm caused by the convicted person and any reasonable
4104	4104	6 expenses (including lost wages) incurred by the victim in correcting the
4105	4105	7 victim's credit report and addressing any other issues caused by the
4106	4106	8 commission of the offense under IC 35-43-5-3.5. If, after a person is
4107	4107	9 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
4108	4108	10 estate, or the family of a victim discovers or incurs additional expenses
4109	4109	11 that result from the convicted person's commission of the offense under
4110	4110	12 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
4111	4111	13 to require the convicted person to make restitution, even if the court
4112	4112	14 issued a restitution order at the time of sentencing. For purposes of
4113	4113	15 entering a restitution order after sentencing, a court has continuing
4114	4114	16 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
4115	4115	17 for five (5) years after the date of sentencing. Each restitution order
4116	4116	18 issued for a violation of IC 35-43-5-3.5 must comply with subsections
4117	4117	19 (b), (d), (e), and (g), and is not discharged by the completion of any
4118	4118	20 probationary period or other sentence imposed for an offense under
4119	4119	21 IC 35-43-5-3.5.
4120	4120	22 (k) The court shall order a person convicted of an offense under
4121	4121	23 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
4122	4122	24 equal to the greater of the following:
4123	4123	25 (1) The gross income or value to the person of the victim's labor
4124	4124	26 or services.
4125	4125	27 (2) The value of the victim's labor as guaranteed under the
4126	4126	28 minimum wage and overtime provisions of:
4127	4127	29 (A) the federal Fair Labor Standards Act of 1938, as amended
4128	4128	30 (29 U.S.C. 201-209); or
4129	4129	31 (B) IC 22-2-2 (Minimum Wage);
4130	4130	32 whichever is greater.
4131	4131	33 (l) The court shall order a person who:
4132	4132	34 (1) is convicted of dealing in methamphetamine under
4133	4133	35 IC 35-48-4-1.1 or manufacturing methamphetamine under
4134	4134	36 IC 35-48-4-1.2; and
4135	4135	37 (2) manufactured the methamphetamine on property owned by
4136	4136	38 another person, without the consent of the property owner;
4137	4137	39 to pay liquidated damages to the property owner in the amount of ten
4138	4138	40 thousand dollars ($10,000) or to pay actual damages to the property
4139	4139	41 owner, including lost rent and the costs of decontamination by a
4140	4140	42 qualified inspector certified under IC 16-19-3.1.
4141	4141	2024 IN 1282—LS 6532/DI 106 97
4142	4142	1 (m) The court shall order a person who:
4143	4143	2 (1) is convicted of dealing in marijuana under
4144	4144	3 IC 35-48-4-10(a)(1)(A); and
4145	4145	4 (2) manufactured the marijuana on property owned by another
4146	4146	5 person, without the consent of the property owner;
4147	4147	6 to pay liquidated damages to the property owner in the amount of two
4148	4148	7 thousand dollars ($2,000).
4149	4149	8 SECTION 28. IC 35-52-7-97 IS ADDED TO THE INDIANA
4150	4150	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
4151	4151	10 [EFFECTIVE JULY 1, 2024]: Sec. 97. IC 7.1-8-12-13 defines a crime
4152	4152	11 concerning cannabis.
4153	4153	12 SECTION 29. IC 35-52-7-98 IS ADDED TO THE INDIANA
4154	4154	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
4155	4155	14 [EFFECTIVE JULY 1, 2024]: Sec. 98. IC 7.1-8-14-9 defines a crime
4156	4156	15 concerning cannabis.
4157	4157	16 SECTION 30. IC 35-52-7-99 IS ADDED TO THE INDIANA
4158	4158	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
4159	4159	18 [EFFECTIVE JULY 1, 2024]: Sec. 99. IC 7.1-8-15-5 defines a crime
4160	4160	19 concerning cannabis.
4161	4161	20 SECTION 31. IC 35-52-7-100 IS ADDED TO THE INDIANA
4162	4162	21 CODE AS A NEW SECTION TO READ AS FOLLOWS
4163	4163	22 [EFFECTIVE JULY 1, 2024]: Sec. 100. IC 7.1-8-19-3 defines a crime
4164	4164	23 concerning cannabis.
4165	4165	24 SECTION 32. IC 35-52-7-101 IS ADDED TO THE INDIANA
4166	4166	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
4167	4167	26 [EFFECTIVE JULY 1, 2024]: Sec. 101. IC 7.1-8-19-4 defines a crime
4168	4168	27 concerning cannabis.
4169	4169	28 SECTION 33. IC 35-52-7-102 IS ADDED TO THE INDIANA
4170	4170	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
4171	4171	30 [EFFECTIVE JULY 1, 2024]: Sec. 102. IC 7.1-8-19-6 defines a crime
4172	4172	31 concerning cannabis.
4173	4173	32 SECTION 34. IC 36-1-8.5-4, AS AMENDED BY P.L.122-2023,
4174	4174	33 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4175	4175	34 JULY 1, 2024]: Sec. 4. As used in this chapter, "law enforcement
4176	4176	35 officer" means an individual who is employed or was formerly
4177	4177	36 employed as:
4178	4178	37 (1) a police officer (including a tribal police officer, a correctional
4179	4179	38 police officer, and a hospital police officer employed by a hospital
4180	4180	39 police department established under IC 16-18-4), sheriff,
4181	4181	40 constable, marshal, prosecuting attorney, special prosecuting
4182	4182	41 attorney, special deputy prosecuting attorney, the securities
4183	4183	42 commissioner, or the inspector general;
4184	4184	2024 IN 1282—LS 6532/DI 106 98
4185	4185	1 (2) a deputy of any of the persons specified in subdivision (1);
4186	4186	2 (3) an investigator for a prosecuting attorney or for the inspector
4187	4187	3 general;
4188	4188	4 (4) a conservation officer;
4189	4189	5 (5) an enforcement officer of the alcohol and tobacco commission
4190	4190	6 or of the cannabis commission; or
4191	4191	7 (6) an enforcement officer of the securities division of the office
4192	4192	8 of the secretary of state.
4193	4193	2024 IN 1282—LS 6532/DI 106