Indiana House Bill HB1282 Latest Draft

                             
Introduced Version
HOUSE BILL No. 1282
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 6-2.5-8-7; IC 6-8.1-1-1; IC 6-11; IC 7.1-8;
IC 9-30-5; IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
IC 34-24-1-1; IC 34-30-2.1-73.5; IC 35-31.5-2-185; IC 35-45-6-1;
IC 35-46-9-6; IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
Synopsis:  Cannabis regulation. Establishes a procedure for the lawful
production and sale of cannabis in Indiana. Makes conforming
amendments. Makes an appropriation.
Effective:  July 1, 2024.
Johnson B
January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024	IN 1282—LS 6532/DI 106 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1282
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 6-2.5-8-7, AS AMENDED BY P.L.194-2023,
2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 7. (a) The department may, for good cause, revoke
4 a certificate issued under section 1 or 4 of this chapter. However, the
5 department must give the certificate holder at least five (5) days notice
6 before it revokes the certificate under this subsection. Good cause for
7 revocation may include the following:
8 (1) Failure to:
9 (A) file a return required under this chapter or for any tax
10 collected for the state in trust; or
11 (B) remit any tax collected for the state in trust.
12 (2) Being charged with a violation of any provision under IC 35.
13 (3) Being subject to a court order under IC 7.1-2-6-7,
14 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
15 (4) Being charged with a violation of IC 23-15-12.
16 (5) Operating as a retail merchant where the certificate issued
17 under section 1 of this chapter could have been denied under
2024	IN 1282—LS 6532/DI 106 2
1 section 1(e) of this chapter prior to its issuance.
2 The department may revoke a certificate before a criminal adjudication
3 or without a criminal charge being filed. If the department gives notice
4 of an intent to revoke based on an alleged violation of subdivision (2),
5 the department shall hold a public hearing to determine whether good
6 cause exists. If the department finds in a public hearing by a
7 preponderance of the evidence that a person has committed a violation
8 described in subdivision (2), the department shall proceed in
9 accordance with subsection (i) (if the violation resulted in a criminal
10 conviction) or subsection (j) (if the violation resulted in a judgment for
11 an infraction).
12 (b) The department shall revoke a certificate issued under section
13 1 or 4 of this chapter if, for a period of three (3) years, the certificate
14 holder fails to:
15 (1) file the returns required by IC 6-2.5-6-1; or
16 (2) report the collection of any state gross retail or use tax on the
17 returns filed under IC 6-2.5-6-1.
18 However, the department must give the certificate holder at least five
19 (5) days notice before it revokes the certificate.
20 (c) The department may, for good cause, revoke a certificate issued
21 under section 1 of this chapter after at least five (5) days notice to the
22 certificate holder if:
23 (1) the certificate holder is subject to an innkeeper's tax under
24 IC 6-9; and
25 (2) a board, bureau, or commission established under IC 6-9 files
26 a written statement with the department.
27 (d) The statement filed under subsection (c) must state that:
28 (1) information obtained by the board, bureau, or commission
29 under IC 6-8.1-7-1 indicates that the certificate holder has not
30 complied with IC 6-9; and
31 (2) the board, bureau, or commission has determined that
32 significant harm will result to the county from the certificate
33 holder's failure to comply with IC 6-9.
34 (e) The department shall revoke or suspend a certificate issued
35 under section 1 of this chapter after at least five (5) days notice to the
36 certificate holder if:
37 (1) the certificate holder owes taxes, penalties, fines, interest, or
38 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
39 days after the due date under IC 6-1.1; and
40 (2) the treasurer of the county to which the taxes are due requests
41 the department to revoke or suspend the certificate.
42 (f) The department shall reinstate a certificate suspended under
2024	IN 1282—LS 6532/DI 106 3
1 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
2 or the county treasurer requests the department to reinstate the
3 certificate because an agreement for the payment of taxes and any
4 penalties due under IC 6-1.1 has been reached to the satisfaction of the
5 county treasurer.
6 (g) The department shall revoke a certificate issued under section
7 1 of this chapter after at least five (5) days notice to the certificate
8 holder if the department finds in a public hearing by a preponderance
9 of the evidence that the certificate holder has violated IC 35-45-5-3,
10 IC 35-45-5-3.5, or IC 35-45-5-4.
11 (h) If a person makes a payment for the certificate under section 1
12 of this chapter with a check, credit card, debit card, or electronic funds
13 transfer, and the department is unable to obtain payment of the check,
14 credit card, debit card, or electronic funds transfer for its full face
15 amount when the check, credit card, debit card, or electronic funds
16 transfer is presented for payment through normal banking channels, the
17 department shall notify the person by mail that the check, credit card,
18 debit card, or electronic funds transfer was not honored and that the
19 person has five (5) days after the notice is mailed to pay the fee in cash,
20 by certified check, or other guaranteed payment. If the person fails to
21 make the payment within the five (5) day period, the department shall
22 revoke the certificate.
23 (i) If the department finds in a public hearing by a preponderance of
24 the evidence that a person has a conviction for an offense under
25 IC 35-48-4 and the conviction involved the sale of or the offer to sell,
26 in the normal course of business, a synthetic drug (as defined in
27 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled
29 substance analog (as defined in IC 35-48-1-9.3), or a substance
30 represented to be a controlled substance (as described in
31 IC 35-48-4-4.6) by a retail merchant in a place of business for which
32 the retail merchant has been issued a registered retail merchant
33 certificate under section 1 of this chapter, the department:
34 (1) shall suspend the registered retail merchant certificate for the
35 place of business for one (1) year; and
36 (2) may not issue another retail merchant certificate under section
37 1 of this chapter for one (1) year to any person:
38 (A) that:
39 (i) applied for; or
40 (ii) made a retail transaction under;
41 the retail merchant certificate suspended under subdivision
42 (1); or
2024	IN 1282—LS 6532/DI 106 4
1 (B) that:
2 (i) owned or co-owned, directly or indirectly; or
3 (ii) was an officer, a director, a manager, or a partner of;
4 the retail merchant that was issued the retail merchant
5 certificate suspended under subdivision (1).
6 (j) If the department finds in a public hearing by a preponderance of
7 the evidence that a person has a judgment for a violation of
8 IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an infraction and
9 the violation involved the sale of or the offer to sell, in the normal
10 course of business, a synthetic drug or a synthetic drug lookalike
11 substance by a retail merchant in a place of business for which the
12 retail merchant has been issued a registered retail merchant certificate
13 under section 1 of this chapter, the department:
14 (1) may suspend the registered retail merchant certificate for the
15 place of business for six (6) months; and
16 (2) may withhold issuance of another retail merchant certificate
17 under section 1 of this chapter for six (6) months to any person:
18 (A) that:
19 (i) applied for; or
20 (ii) made a retail transaction under;
21 the retail merchant certificate suspended under subdivision
22 (1); or
23 (B) that:
24 (i) owned or co-owned, directly or indirectly; or
25 (ii) was an officer, a director, a manager, or a partner of;
26 the retail merchant that was issued the retail merchant
27 certificate suspended under subdivision (1).
28 (k) If the department finds in a public hearing by a preponderance
29 of the evidence that a person has a conviction for a violation of
30 IC 35-48-4-10(d)(3) IC 35-48-4-10(e) and the conviction involved an
31 offense committed by a retail merchant in a place of business for which
32 the retail merchant has been issued a registered retail merchant
33 certificate under section 1 of this chapter, the department:
34 (1) shall suspend the registered retail merchant certificate for the
35 place of business for one (1) year; and
36 (2) may not issue another retail merchant certificate under section
37 1 of this chapter for one (1) year to any person:
38 (A) that:
39 (i) applied for; or
40 (ii) made a retail transaction under;
41 the retail merchant certificate suspended under subdivision
42 (1); or
2024	IN 1282—LS 6532/DI 106 5
1 (B) that:
2 (i) owned or co-owned, directly or indirectly; or
3 (ii) was an officer, a director, a manager, or a partner of;
4 the retail merchant that was issued the retail merchant
5 certificate suspended under subdivision (1).
6 SECTION 2. IC 6-8.1-1-1, AS AMENDED BY P.L.1-2023,
7 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 1. "Listed taxes" or "taxes" includes only the
9 pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the supplemental
10 wagering tax (IC 4-33-12); the riverboat wagering tax (IC 4-33-13); the
11 slot machine wagering tax (IC 4-35-8); the type II gambling game
12 excise tax (IC 4-36-9); the gross income tax (IC 6-2.1) (repealed); the
13 utility receipts and utility services use taxes (IC 6-2.3) (repealed); the
14 state gross retail and use taxes (IC 6-2.5); the adjusted gross income tax
15 (IC 6-3); the pass through entity tax (IC 6-3-2.1); the supplemental net
16 income tax (IC 6-3-8) (repealed); the county adjusted gross income tax
17 (IC 6-3.5-1.1) (repealed); the county option income tax (IC 6-3.5-6)
18 (repealed); the county economic development income tax (IC 6-3.5-7)
19 (repealed); the local income tax (IC 6-3.6); the auto rental excise tax
20 (IC 6-6-9); the financial institutions tax (IC 6-5.5); the gasoline tax (IC
21 6-6-1.1); the special fuel tax (IC 6-6-2.5); the motor carrier fuel tax (IC
22 6-6-4.1); a motor fuel tax collected under a reciprocal agreement under
23 IC 6-8.1-3; the vehicle excise tax (IC 6-6-5); the aviation fuel excise
24 tax (IC 6-6-13); the commercial vehicle excise tax (IC 6-6-5.5); the
25 excise tax imposed on recreational vehicles and truck campers (IC
26 6-6-5.1); the hazardous waste disposal tax (IC 6-6-6.6) (repealed); the
27 heavy equipment rental excise tax (IC 6-6-15); the vehicle sharing
28 excise tax (IC 6-6-16); the cigarette tax (IC 6-7-1); the closed system
29 cartridge tax (IC 6-7-2-7.5); the electronic cigarette tax (IC 6-7-4); the
30 cannabis excise tax (IC 6-11); the beer excise tax (IC 7.1-4-2); the
31 liquor excise tax (IC 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard
32 cider excise tax (IC 7.1-4-4.5); the petroleum severance tax (IC 6-8-1);
33 the various innkeeper's taxes (IC 6-9); the various food and beverage
34 taxes (IC 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28);
35 the oil inspection fee (IC 16-44-2); the penalties assessed for oversize
36 vehicles (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
37 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
38 fee that the department is required to collect or administer.
39 SECTION 3. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
40 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
41 2024]:
42 ARTICLE 11. CANNABIS EXCISE TAX
2024	IN 1282—LS 6532/DI 106 6
1 Chapter 1. Imposition and Collection of Tax
2 Sec. 1. The following definitions apply throughout this article:
3 (1) "Department" refers to the department of state revenue.
4 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
5 (3) "Retailer permittee" means a person who holds a cannabis
6 retailer permit issued under IC 7.1-8-15.
7 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
8 a rate of ten percent (10%) of the sales price per ounce of cannabis.
9 This tax shall be paid to the department by the retailer permittee
10 who sells the cannabis.
11 Sec. 3. (a) Every person subject to the tax under this article shall
12 remit the tax owed to the department before the fifteenth day of
13 the month following the month in which the cannabis is sold.
14 (b) The department shall prescribe the return to be filed for the
15 payment of the tax.
16 Sec. 4. The amounts received from the tax imposed by this
17 article shall be transferred by the state comptroller to the cannabis
18 regulation fund established by IC 7.1-8-2-12.
19 Sec. 5. The department has full power to administer and enforce
20 this chapter, to collect all taxes and penalties due, and to dispose of
21 taxes and penalties so collected as provided by law. The tax is a
22 listed tax for purposes of IC 6-8.1.
23 Sec. 6. Except as otherwise provided in this article, a tax
24 imposed under this chapter shall be imposed, paid, and collected in
25 the same manner that the state gross retail tax is imposed, paid,
26 and collected under IC 6-2.5.
27 Sec. 7. The department shall adopt rules under IC 4-22-2 to
28 implement this article.
29 SECTION 4. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
30 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
31 2024]:
32 ARTICLE 8. CANNABIS
33 Chapter 1. Definitions
34 Sec. 1. The following definitions apply throughout this article
35 unless the context clearly requires otherwise:
36 (1) "Applicant" means a person who applies for a permit
37 under this article.
38 (2) "Batch" means cannabis plants that have been grown
39 together.
40 (3) "Cannabis" means any part of the plant genus Cannabis
41 whether growing or not, the seeds thereof, and any compound,
42 manufacture, salt, derivative, mixture, or preparation of the
2024	IN 1282—LS 6532/DI 106 7
1 plant or its seeds. However, the term does not include:
2 (A) the mature stalks of the plant;
3 (B) fiber produced from the stalks;
4 (C) oil or cake made from the seeds of the plant;
5 (D) any other compound, manufacture, salt, derivative,
6 mixture, or preparation of the mature stalks (except the
7 resin extracted therefrom);
8 (E) the sterilized seed of the plant which is incapable of
9 germination;
10 (F) hemp (as defined in IC 15-15-13-6);
11 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
12 or
13 (H) smokable hemp (as defined in IC 35-48-1-26.6).
14 (4) "Cannabis canopy" means the surface area used to grow
15 cannabis plants calculated in square feet and measured using
16 the outside boundaries of any area that includes cannabis
17 plants, including all of the space within the boundaries. If
18 cannabis is grown in a multi-level grow facility, the surface
19 area used to grow cannabis on each level shall be calculated
20 separately and added together to determine the size of the
21 cannabis canopy.
22 (5) "Cannabis permittee" means an individual, partnership,
23 company, or corporation permitted to grow, process,
24 transport, or sell cannabis or cannabis products for
25 commercial purposes in Indiana.
26 (6) "Carrier" means a person who is engaged in the
27 transportation of cannabis or cannabis products between a
28 grower, a processor, and a retailer and holds a permit issued
29 under IC 7.1-8-14.
30 (7) "Commission" means the cannabis commission established
31 by IC 7.1-8-2-1.
32 (8) "Crop" means any cannabis grown under a single permit.
33 (9) "Grower" means an individual, partnership, company, or
34 corporation that produces cannabis for commercial purposes
35 and that holds a permit issued under IC 7.1-8-12.
36 (10) "Integrated permittee" means a permittee who
37 simultaneously holds a grower permit, a processor permit,
38 and a retailer permit.
39 (11) "Permit" means a written authorization issued by the
40 commission entitling the holder to grow, process, transport,
41 sell, test, or otherwise deal in cannabis or cannabis products,
42 as provided in this article.
2024	IN 1282—LS 6532/DI 106 8
1 (12) "Permittee" means a person who holds a valid permit
2 under this article, including an agent of, employee of, or
3 another person acting on behalf of a permittee.
4 (13) "Personally cultivate" means to grow cannabis for
5 personal household use.
6 (14) "Processor" means an individual, partnership, company,
7 or corporation holding a permit issued under IC 7.1-8-13 that
8 obtains cannabis from a grower and:
9 (A) extracts botanical compounds or cannabinoids from
10 the cannabis;
11 (B) creates a cannabis infused product; or
12 (C) prepares or packages cannabis or cannabis products
13 for retail sale for sale or transfer.
14 (15) "Retailer" means an individual, partnership, company,
15 or corporation that holds a permit under IC 7.1-8-15 and that,
16 in the ordinary course of the person's regular trade or
17 business:
18 (A) acquires any form of cannabis for the purpose of
19 resale; and
20 (B) transfers the cannabis or cannabis products to another
21 person for money or other consideration.
22 (16) "Statewide monitoring system" means the statewide
23 cannabis tracking and monitoring system established under
24 IC 7.1-8-17.
25 Chapter 2. Cannabis Commission
26 Sec. 1. The cannabis commission is established as an agency of
27 the executive branch of state government for purposes of
28 regulating the production and sale of cannabis and cannabis
29 products.
30 Sec. 2. The commission consists of four (4) members.
31 Sec. 3. (a) The commissioners shall be appointed by the
32 governor.
33 (b) A commissioner serves for a term that ends June 30 of the
34 next odd-numbered year after appointment. A commissioner is
35 eligible for reappointment.
36 (c) Not more than two (2) commissioners may belong to the
37 same political party.
38 (d) A commissioner may only be removed for cause.
39 Sec. 4. To be eligible for appointment as a commissioner an
40 individual must have the following qualifications:
41 (1) The individual may not be employed by the state in any
42 other capacity.
2024	IN 1282—LS 6532/DI 106 9
1 (2) The individual must have been an Indiana resident for at
2 least ten (10) years immediately preceding the appointment.
3 (3) The individual may not have a financial interest in a
4 cannabis permittee or in an entity governed by:
5 (A) this title;
6 (B) IC 4-29;
7 (C) IC 4-29.5;
8 (D) IC 4-31;
9 (E) IC 4-32.3;
10 (F) IC 4-33;
11 (G) IC 4-35; or
12 (H) IC 4-36.
13 (4) The individual may not have been convicted within ten
14 (10) years before the date of appointment of:
15 (A) a federal crime having a sentence of greater than one
16 (1) year;
17 (B) a Class A, Class B, or Class C felony (for a crime
18 committed before July 1, 2014) or a Level 1, Level 2, Level
19 3, Level 4, or Level 5 felony (for a crime committed after
20 June 30, 2014); or
21 (C) a crime in another state that is substantially similar to
22 a crime described in clause (B).
23 Sec. 5. The governor shall appoint one (1) of the commissioners
24 to serve as chairperson of the commission. The governor also shall
25 appoint one (1) of the commissioners to serve as chairperson pro
26 tempore in the absence of the chairperson. The chairperson and
27 chairperson pro tempore serve at the pleasure of the governor.
28 Sec. 6. A commissioner appointed to fill a vacancy shall serve
29 only for the remainder of the unexpired term.
30 Sec. 7. (a) As compensation for services, each commissioner is
31 entitled to the minimum salary per diem provided by
32 IC 4-10-11-2.1(b). A commissioner is also entitled to
33 reimbursement for traveling expenses as provided under
34 IC 4-13-1-4 and other expenses actually incurred in connection
35 with the commissioner's duties as provided in the state policies and
36 procedures established by the Indiana department of
37 administration and approved by the budget agency.
38 (b) The expenses of the commission shall be paid from funds
39 appropriated to the commission.
40 Sec. 8. (a) Each commissioner shall execute:
41 (1) a surety bond in the amount of ten thousand dollars
42 ($10,000), with surety approved by the governor; and
2024	IN 1282—LS 6532/DI 106 10
1 (2) an oath of office.
2 The surety bond and the oath of office shall be filed in the office of
3 the secretary of state.
4 (b) The required surety bond executed and filed on behalf of a
5 commissioner, an enforcement officer (under IC 7.1-8-5), or the
6 prosecutor (under IC 7.1-8-3) shall be made payable to the state of
7 Indiana and conditioned upon the faithful discharge of the bonded
8 party's respective duties.
9 Sec. 9. (a) Three (3) members of the commission constitute a
10 quorum for the transaction of business.
11 (b) Each commissioner has one (1) vote.
12 (c) Action of the commission may be taken only upon the
13 affirmative votes of at least two (2) commissioners. If a vote of the
14 commission is a tie, the position for which the chairperson voted
15 prevails, as long as that position has received the affirmative votes
16 of at least two (2) commissioners.
17 Sec. 10. The commission shall hold regular meetings on at least
18 a quarterly basis. The commission may hold special meetings
19 whenever the commission deems it necessary. The procedure for
20 the calling of a special meeting shall be provided for in the rules of
21 the commission. The commission has the power to adjourn, from
22 time to time, both regular and special meetings. In no event,
23 however, shall the adjournment be later than the next regular
24 meeting date.
25 Sec. 11. A commissioner may not solicit or accept a political
26 contribution from any person or entity that has a permit or has
27 applied for a permit issued by the commission. However, the right
28 of a commissioner to vote as the commissioner chooses and to
29 express the commissioner's opinions on political subjects and
30 candidates may not be impaired.
31 Sec. 12. (a) As used in this section, "fund" means the cannabis
32 regulation fund established by subsection (b).
33 (b) The cannabis regulation fund is established for the purpose
34 of implementing, administering, and enforcing this article. The
35 fund shall be administered by the commission.
36 (c) The fund consists of taxes, fees, and civil penalties collected
37 under this article.
38 (d) The expenses of administering the fund shall be paid from
39 money in the fund.
40 (e) The treasurer of state shall invest money in the fund not
41 currently needed to meet the obligations of the fund in the same
42 manner as other public money may be invested. Interest that
2024	IN 1282—LS 6532/DI 106 11
1 accrues from these investments shall be deposited in the fund.
2 (f) Money in the fund at the end of a state fiscal year does not
3 revert to the state general fund. However, the treasurer of state
4 shall distribute money in the fund at the end of a state fiscal year
5 as follows:
6 (1) Fifteen percent (15%) to prosecuting attorneys in counties
7 in which a cannabis retail facility is located, allocated in
8 proportion to the number of cannabis retail facilities within
9 the county as compared to the total number of cannabis retail
10 facilities in Indiana.
11 (2) Fifteen percent (15%) to cities, towns, and counties (if a
12 facility is not located in a city or town) in which a cannabis
13 growing facility, processing facility, or retail facility is
14 located, allocated in proportion to the number of growing
15 facilities, processing facilities, and retail facilities in Indiana.
16 (3) Twenty percent (20%) to the Indiana department of health
17 to be used to develop, in consultation with the department of
18 education, a cannabis abuse prevention and education
19 program for youth.
20 (4) Twenty-five percent (25%) to the Indiana department of
21 health for use by the division of mental health and addiction.
22 (5) Twenty-five percent (25%) to the state police department.
23 Chapter 3. Office of the Prosecutor
24 Sec. 1. The office of the prosecutor is established within the
25 commission.
26 Sec. 2. The prosecutor shall be appointed by the governor for a
27 term of four (4) years to be served at the pleasure of the governor.
28 The prosecutor must be a resident of Indiana and licensed to
29 practice law in Indiana.
30 Sec. 3. The prosecutor shall execute a surety bond in the amount
31 of five thousand dollars ($5,000), with surety approved by the
32 governor, and an oath of office, both of which shall be filed in the
33 office of the secretary of state.
34 Sec. 4. As compensation for services, the prosecutor shall
35 receive an annual salary to be fixed in the same manner that the
36 salaries of other state officials are fixed. In addition to the annual
37 salary, the prosecutor shall be reimbursed for traveling and other
38 expenses necessarily incurred while away from the office carrying
39 out prosecutorial duties.
40 Sec. 5. The prosecutor has the following powers and duties:
41 (1) To prosecute before the commission all violations of laws
42 pertaining to cannabis or cannabis products.
2024	IN 1282—LS 6532/DI 106 12
1 (2) To prosecute before the commission all violations of the
2 rules of the commission.
3 (3) To assist the prosecuting attorneys of the various judicial
4 circuits in the investigation and prosecution of violations of
5 laws pertaining to cannabis or cannabis products.
6 (4) To appear before grand juries to assist in their
7 investigations into matters pertaining to cannabis and
8 cannabis products.
9 (5) To establish a seal of office.
10 (6) To administer oaths and to do all other acts authorized by
11 law for notaries public.
12 (7) To employ, with the consent of the commission and at
13 salaries fixed by the commission in its budget, the clerical staff
14 required to effectively discharge the duties of the prosecutor.
15 Sec. 6. The commission shall provide the prosecutor with
16 appropriate office space and all necessary office supplies and
17 services. All claims for salaries and necessary expenses of the office
18 of the prosecutor shall be allowed, approved, and paid by the
19 commission.
20 Chapter 4. Executive Director
21 Sec. 1. The commission shall employ an executive director to aid
22 the commission in the efficient administration of its powers and
23 duties.
24 Sec. 2. The executive director's compensation shall be approved
25 annually by the commission.
26 Sec. 3. The commission may by resolution assign to the executive
27 director any duty imposed upon the commission by this article.
28 Sec. 4. The executive director shall perform the duties assigned
29 to the executive director by the commission. The executive director
30 may exercise any power conferred upon the commission by this
31 article that is consistent with the duties assigned to the executive
32 director under this chapter.
33 Sec. 5. In addition to any salary paid under this chapter, the
34 executive director is entitled to reimbursement for traveling
35 expenses and other expenses actually incurred in connection with
36 the executive director's duties, as provided in the state policies and
37 procedures established by the Indiana department of
38 administration and approved by the budget agency.
39 Chapter 5. Enforcement Officers
40 Sec. 1. The commission may employ a superintendent of the
41 enforcement officers and qualified individuals to serve as
42 enforcement officers of the commission.
2024	IN 1282—LS 6532/DI 106 13
1 Sec. 2. The superintendent of the enforcement officers must
2 have at least ten (10) years experience as an active law enforcement
3 officer, at least five (5) years of which must have been in a
4 management capacity.
5 Sec. 3. An enforcement officer who has completed the required
6 training at the Indiana law enforcement academy is vested with full
7 police powers and duties to enforce:
8 (1) the provisions of this article; and
9 (2) any other Indiana law relating to cannabis and cannabis
10 products.
11 Sec. 4. An enforcement officer may issue a summons for
12 infraction or misdemeanor violations if the defendant promises to
13 appear by signing the summons. A defendant who fails to appear
14 is subject to the penalties provided by IC 35-44.1-2-10. Upon
15 failure to appear, the court shall issue a warrant for the arrest of
16 the defendant.
17 Sec. 5. An enforcement officer may act as an officer for the
18 arrest of offenders against Indiana law if the enforcement officer
19 reasonably believes that a crime is or is about to be committed or
20 attempted in the enforcement officer's presence.
21 Sec. 6. Each enforcement officer shall execute a surety bond in
22 the amount of one thousand dollars ($1,000), with surety approved
23 by the commission, and an oath of office, both of which shall be
24 filed with the commission.
25 Sec. 7. An eligible enforcement officer who retires with at least
26 twenty (20) years of service as an enforcement officer may retain
27 the officer's service weapon. The officer is entitled to receive, in
28 recognition of the officer's service to the commission and to the
29 public, a badge that indicates that the officer is retired. The
30 commission shall issue the officer who is retiring an identification
31 card stating the officer's name and rank, signifying that the officer
32 is retired, and noting the officer's authority to retain the service
33 weapon.
34 Sec. 8. The commission has the power to employ and remove at
35 will all necessary employees, and to fix their duties, authority, and,
36 with proper approval, compensation.
37 Sec. 9. The superintendent of the enforcement officers may
38 discharge a nonprobationary enforcement officer for just cause.
39 The commission shall adopt rules to establish a probationary
40 period and a procedure for the adjudication of the propriety of the
41 discharge of a nonprobationary enforcement officer.
42 Sec. 10. (a) The commission shall categorize salaries of
2024	IN 1282—LS 6532/DI 106 14
1 enforcement officers within each rank based upon the rank held
2 and the number of years of service in the commission through the
3 twentieth year. The salary ranges that the commission assigns to
4 each rank shall be divided into a base salary and twenty (20)
5 increments above the base salary with:
6 (1) the base salary in the rank paid to a person with less than
7 one (1) year of service in the commission; and
8 (2) the highest salary in the rank paid to a person with at least
9 twenty (20) years of service in the commission.
10 (b) The salary matrix prescribed by this section shall be
11 reviewed and approved by the budget agency before
12 implementation.
13 (c) The salary matrix prescribed by this section must have
14 parity with the salary matrix prescribed by the natural resources
15 commission under IC 14-9-8 for conservation officers of the
16 department of natural resources. The budget agency shall approve
17 a salary matrix that meets the parity requirement of this
18 subsection.
19 Chapter 6. Duties and Responsibilities of the Commission
20 Sec. 1. The chairperson is the presiding officer at the meetings
21 of the commission. The chairperson shall prepare, certify, and
22 authenticate all proceedings, minutes, records, and rules of the
23 commission. The chairperson or the chairperson's designee also
24 shall perform all other duties as imposed by this article.
25 Sec. 2. The commission has the power to organize its work and
26 carry on the functions of the commission and to enforce and
27 administer the provisions of this article and the rules of the
28 commission.
29 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
30 power to prescribe the forms for all applications, permits, licenses,
31 certificates, and other documents and records used in the
32 administration of this article.
33 Sec. 4. The commission has the power to:
34 (1) hold hearings before the commission or its representative;
35 (2) take testimony and receive evidence;
36 (3) conduct inquiries with or without hearings;
37 (4) receive reports of investigators or other governmental
38 officers and employees;
39 (5) administer oaths;
40 (6) subpoena witnesses and compel them to appear and
41 testify;
42 (7) issue and enforce subpoenas duces tecum;
2024	IN 1282—LS 6532/DI 106 15
1 (8) take or institute proceedings to enforce subpoenas and the
2 rules, orders, or requirements of the commission or its
3 representative;
4 (9) fix the compensation paid to witnesses appearing before
5 the commission;
6 (10) establish and use the seal of the commission;
7 (11) certify copies of records of the commission or any other
8 document or record on file with the commission;
9 (12) fix the form, mode, manner, time, and number of times
10 for the posting or publication of any required notices if not
11 otherwise provided in this article;
12 (13) issue letters of extension as authorized by this article; and
13 (14) hold permits on deposit as authorized by this article.
14 Sec. 5. (a) The commission shall prepare a quarterly report that
15 describes the violations by permittees subject to an enforcement
16 action under this article. Beginning in January 2025, the
17 commission shall issue the quarterly reports on or before the
18 fifteenth day of:
19 (1) January, concerning violations committed during the
20 preceding quarter consisting of the months of October
21 through December;
22 (2) April, concerning violations committed during the
23 preceding quarter consisting of the months of January
24 through March;
25 (3) July, concerning violations committed during the
26 preceding quarter consisting of the months of April through
27 June; and
28 (4) October, concerning violations committed during the
29 preceding quarter consisting of the months of July through
30 September.
31 (b) The commission's quarterly report must provide
32 noncompliance violations by:
33 (1) business listing;
34 (2) permit type; and
35 (3) county.
36 (c) The commission shall post the quarterly reports on the
37 commission's website. The commission shall:
38 (1) prepare a report annually that compiles the violations for
39 the preceding calendar year; and
40 (2) provide the report to the legislative council not later than
41 February 1 of each year in an electronic format under
42 IC 5-14-6.
2024	IN 1282—LS 6532/DI 106 16
1 Sec. 6. The commission has the authority to petition the circuit
2 or superior court of the county in which the hearing or
3 investigation is being held to compel obedience to the lawful
4 requirements of its subpoena under this chapter.
5 Sec. 7. The commission is responsible for the enforcement and
6 administration of this article.
7 Sec. 8. The commission shall adopt rules in accordance with
8 IC 4-22-2 to implement and administer this article.
9 Sec. 9. The commission has the power to adopt rules governing
10 the following:
11 (1) The conduct of the meetings and business of the
12 commission.
13 (2) The conduct of hearings before any of the commission's
14 representatives.
15 (3) The conduct of the business of a permittee authorized or
16 governed by the provisions of this article.
17 (4) The enforcement of the provisions of this article and of the
18 rules of the commission.
19 (5) The standards of purity and methods of processing used in
20 the production of cannabis and cannabis products.
21 (6) The prevention of misbranding or adulteration of cannabis
22 and cannabis products.
23 (7) The prevention of fraud, evasion, trickery, or deceit in the
24 processing, labeling, advertisement, transportation, or sale of
25 cannabis and cannabis products, or the evasion of other
26 Indiana law relating to cannabis and cannabis products.
27 Sec. 10. The commission shall adopt rules to do the following:
28 (1) Establish safety and security standards for facilities used
29 for the growth, processing, testing, storage, or sale of cannabis
30 or cannabis products.
31 (2) Mandate periodic training for persons employed in a
32 facility used for the growth, processing, testing, storage, or
33 sale of cannabis or cannabis products.
34 (3) Establish or approve training and other programming for
35 persons employed in a facility used for the growth, processing,
36 testing, storage, or sale of cannabis or cannabis products.
37 Chapter 7. Regulation of Permits and Permittees
38 Sec. 1. The commission has the discretionary authority to issue,
39 deny, suspend, revoke, or not renew all permits and certificates
40 authorized by this article, unless the exercise of discretion or
41 authority is limited by applicable provisions of this article.
42 Sec. 2. (a) The commission shall prepare and maintain, available
2024	IN 1282—LS 6532/DI 106 17
1 for public inspection, a registry of all permits issued by the
2 commission, categorized by type of permit and by the type of
3 establishment to which the permit is issued. The registry of permits
4 must:
5 (1) be subdivided on a county by county basis, and further
6 subdivided by city, town, and unincorporated area;
7 (2) contain the number of permits authorized by the quota,
8 and the number of permits currently issued;
9 (3) contain the name of the owner of the permit, the address
10 of the permitted premises, the assumed business name under
11 which the business is conducted, and, if a corporation, the
12 names of the president and secretary; and
13 (4) be made current annually, to indicate by specific notation
14 any new permits that were issued or any existing permits that
15 were transferred in any manner within the prior year.
16 (b) The registry of permits is a public record.
17 Sec. 3. The commission has the power to investigate applicants
18 and permittees, and any violation of a provision of this article and
19 of the rules of the commission, and to report its findings to the
20 prosecuting attorney or the grand jury of the county in which the
21 violation occurred, or to the attorney general.
22 Sec. 4. The commission has the power to prohibit the sale,
23 transportation, or movement of cannabis or cannabis products
24 when, in the judgment of the commission, it is necessary during a
25 time of public emergency, civil disturbance, riot, or epidemic. The
26 prohibition may be imposed without prior notice or advertisement
27 and may be continued in force as long as the need continues.
28 Sec. 5. (a) The commission has the power to examine, inspect,
29 and search a permitted premises or a vehicle where cannabis or
30 cannabis products are kept, processed, or sold.
31 (b) The commission has the power to seize cannabis or cannabis
32 products, or any other personal property when the seizure is lawful
33 under the provisions of this article.
34 Sec. 6. The commission has the power to prevent a part of the
35 premises connected with, or in any way used in connection with, a
36 permitted premises, from being used as a subterfuge or means of
37 evading the provisions of this article or the rules of the commission.
38 Sec. 7. The commission has the power to set standards of
39 cleanliness and sanitation for a permitted premises and for the
40 apparatuses, equipment, utensils, accessories, articles, and fixtures
41 used or employed in the permitted premises.
42 Sec. 8. The commission has the power to require the destruction
2024	IN 1282—LS 6532/DI 106 18
1 or removal of cases, containers, apparatuses, or devices, used or
2 likely to be used, in evading, violating, or preventing the
3 enforcement of the provisions of this article or the rules of the
4 commission.
5 Sec. 9. (a) The commission has the power to regulate and
6 prohibit advertising, signs, displays, posters, and designs intended
7 to advertise cannabis, a cannabis product, or the place where
8 cannabis or cannabis products are sold.
9 (b) The commission may not exercise the prohibition power
10 contained in subsection (a) as to any advertisement broadcast over
11 licensed radio and television stations.
12 (c) All advertisements relating to cannabis or cannabis products
13 must conform to the rules of the commission.
14 (d) The commission shall not exercise the prohibition power
15 contained in subsection (a) as to advertising in the official program
16 of the Indianapolis 500 Race.
17 (e) Notwithstanding any other law, the commission may not
18 prohibit the use of an illuminated sign advertising cannabis or
19 cannabis products by brand name that is displayed within the
20 interior or on the exterior of the premises covered by the permit,
21 regardless of whether the sign is illuminated constantly or
22 intermittently.
23 (f) The commission may not prohibit the advertisement of:
24 (1) cannabis or cannabis products; or
25 (2) a place where cannabis or cannabis products may be
26 obtained;
27 in a program, scorecard, handbill, throw-away newspaper, or
28 menu. However, advertisements described in this subsection must
29 conform to the rules of the commission.
30 (g) Cannabis or cannabis products must be marketed or
31 advertised as "cannabis" for use only by persons at least
32 twenty-one (21) years of age.
33 (h) Cannabis or cannabis products may not be marketed or
34 advertised to persons less than twenty-one (21) years of age. The
35 commission shall determine whether a sponsorship is marketed or
36 advertised to a person less than twenty-one (21) years of age.
37 (i) Cannabis or cannabis products may not be advertised on any
38 television program, radio program, website, or print publication
39 unless there is reliable evidence that seventy percent (70%) of the
40 audience is reasonably expected to be at least twenty-one (21) years
41 of age.
42 (j) Any cannabis or cannabis products advertised must bear a
2024	IN 1282—LS 6532/DI 106 19
1 warning label stating the following:
2 "For use by adults only. Keep out of reach of children. It is
3 illegal to drive a motor vehicle while under the influence of
4 cannabis. National Poison Control Center 1-800-222-1222.".
5 Sec. 10. (a) As used in this section, "facility" includes the
6 following:
7 (1) A facility permitted under this article.
8 (2) A tract that contains a premises permitted under this
9 article.
10 (3) A horse track or satellite facility.
11 (4) A riverboat or racetrack.
12 (5) A tract that contains an entertainment complex.
13 (b) As used in this section, "tract" has the meaning set forth in
14 IC 6-1.1-1-22.5.
15 (c) A facility may advertise cannabis or cannabis products:
16 (1) in the facility's interior; or
17 (2) on the facility's exterior.
18 (d) The commission may not exercise the prohibition power
19 contained in this chapter on advertising by a permittee in or on a
20 facility.
21 (e) A facility may provide advertising to a permittee in exchange
22 for compensation from that permittee.
23 Sec. 11. The commission has the power to require the
24 registration of all brands, formulas, analyses, and labels used or
25 proposed to be used in selling or advertising cannabis or cannabis
26 products. The commission does not have the power to require the
27 disclosure of formulas that are verified trade secrets.
28 Sec. 12. The commission has the power to regulate the modes
29 and methods of dealing in, and the transportation of, cannabis and
30 cannabis products.
31 Sec. 13. The commission has the power to:
32 (1) prescribe the manner and methods by which all records
33 relating to cannabis and cannabis products are kept and
34 preserved;
35 (2) inspect all records relating to cannabis and cannabis
36 products; and
37 (3) require true copies of any record to be made and furnished
38 to the commission.
39 Sec. 14. The commission may require that, before the
40 transportation of cannabis or cannabis products into Indiana by an
41 authorized permittee, the permittee shall submit written, verified
42 information concerning the proposed transportation and execute
2024	IN 1282—LS 6532/DI 106 20
1 and file any documents required. The commission has the power to
2 inspect the shipments in transit and the vehicle used in the
3 transportation.
4 Sec. 15. The commission, unless otherwise specifically
5 prohibited, may delegate the powers and duties conferred on it in
6 this article to responsible employees of the commission. However,
7 the commission bears ultimate responsibility.
8 Sec. 16. The members of the commission and their officers and
9 employees are immune from civil liability for an act or omission
10 done under the authority, or the color of authority, conferred by
11 this article or by a rule or order of the commission, unless the act
12 or omission constitutes gross negligence or willful or wanton
13 misconduct.
14 Sec. 17. The commission and the chairperson have, in addition
15 to the express powers enumerated in this article, the authority to
16 exercise all powers necessary and proper to carry out the policies
17 of this article and to promote efficient administration by the
18 commission.
19 Chapter 8. Searches and Seizures
20 Sec. 1. A circuit or superior court may issue a warrant to search
21 a house or other place for cannabis, cannabis products, or another
22 article that is being possessed, kept, sold, bartered, given away,
23 used, or transported in violation of this article.
24 Sec. 2. The warrant shall be directed to the officer, agent, or
25 employee of the commission who filed the affidavit for the warrant
26 and otherwise it shall be directed to any officer who has the power
27 to serve criminal process. The warrant shall be served by the
28 person to whom it was issued in the daytime or nighttime and the
29 return made within twenty (20) days from the date of issue.
30 Sec. 3. The officer who serves the warrant shall seize any article
31 described in the warrant and any other article found during the
32 search that is used in the violation of a provision of this article and
33 hold the article in the same manner as other items seized pursuant
34 to a search warrant are held.
35 Sec. 4. A person has no property right of any kind in:
36 (1) cannabis or a cannabis product possessed contrary to law;
37 (2) a receptacle or container holding cannabis or a cannabis
38 product possessed contrary to law;
39 (3) an unlawful or prohibited receptacle or container; or
40 (4) a receptacle or container that violates a rule of the
41 commission or that is being used in a manner that violates a
42 rule of the commission.
2024	IN 1282—LS 6532/DI 106 21
1 Sec. 5. Testimony concerning the appearance, taste, or odor of
2 cannabis or a cannabis product is admissible as evidence in a
3 criminal prosecution or in a proceeding before the commission.
4 Sec. 6. An unbroken cannabis container with a label altered so
5 that it does not describe the cannabis or cannabis product
6 accurately is admissible as evidence in a court.
7 Sec. 7. The court shall receive oral testimony upon a matter
8 referred to in this chapter for the purpose of showing a violation of
9 this article whether the container is offered in evidence or not.
10 Sec. 8. (a) If a substance is removed or destroyed before it is
11 able to be seized under this chapter, the trier of fact may infer that
12 the substance was cannabis or a cannabis product possessed in
13 violation of this article.
14 (b) Proof of the possession of an empty container permits a trier
15 of fact to infer that the person who possessed the container
16 possessed cannabis or a cannabis product.
17 Chapter 9. Public Nuisances
18 Sec. 1. The following are declared to be a public nuisance:
19 (1) A premises, vehicle, or place of any kind where at least one
20 (1) of the following occurs:
21 (A) Cannabis or a cannabis product of any type is
22 possessed in violation of Indiana law or a rule of the
23 commission.
24 (B) A person is permitted to use the premises, vehicle, or
25 place for the purpose of consuming cannabis or cannabis
26 products in violation of Indiana law or a rule of the
27 commission.
28 (2) A place where cannabis or cannabis products are kept for
29 delivery in violation of Indiana law or in violation of a rule of
30 the commission.
31 (3) The business property of a person who knowingly or
32 intentionally possesses cannabis or cannabis products in
33 violation of Indiana law or a rule of the commission.
34 Sec. 2. The plaintiff in an action to abate a public nuisance
35 under this chapter must prove that the owner of the business had
36 actual knowledge of the actions alleged to constitute a nuisance.
37 Sec. 3. In determining whether an owner should be held liable
38 for failing to abate a public nuisance under this chapter, the court
39 shall consider the efforts the owner took to abate the public
40 nuisance, including whether the law enforcement agency that
41 serves the owner's property was notified by the owner or the
42 owner's employee of the actions alleged to constitute the public
2024	IN 1282—LS 6532/DI 106 22
1 nuisance.
2 Sec. 4. If a permittee violates this article on a premises or in a
3 vehicle where cannabis or a cannabis product is kept, the premises
4 or vehicle is a public nuisance.
5 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
6 and the premises or vehicle where it is kept constitute a public
7 nuisance.
8 Sec. 6. (a) The following may bring an action to abate a common
9 nuisance or a violation of this article:
10 (1) The commission.
11 (2) The chairperson of the commission.
12 (3) The attorney general.
13 (4) The prosecuting attorney exercising jurisdiction in the
14 county where the common nuisance or violation occurs.
15 (5) A permittee.
16 (6) A resident of the county where the common nuisance or
17 violation occurs.
18 (b) The court may grant a temporary restraining order, a
19 preliminary injunction, a permanent injunction, and any other
20 relief authorized under Indiana law.
21 Sec. 7. A prevailing plaintiff in an action brought to abate a
22 nuisance is entitled to, at the discretion of the court:
23 (1) an order that the premises be closed for a period of one (1)
24 year; or
25 (2) an order that the premises be closed for a period of less
26 than one (1) year and an award of liquidated damages in an
27 amount of not less than one thousand dollars ($1,000) and not
28 more than twenty-five thousand dollars ($25,000) to the state
29 of Indiana.
30 Sec. 8. An action authorized by this chapter shall be brought in
31 the name of the state of Indiana on the relation of the commission.
32 The commission may be represented by an attorney selected by it,
33 by the attorney general, or by a deputy or assistant attorney
34 general assigned by the attorney general for the purpose of
35 instituting or conducting the action, or by both.
36 Sec. 9. The remedies authorized by this chapter are cumulative
37 and nonexclusive. The remedies provided in this article do not
38 affect the power of the commission to revoke a permit.
39 Chapter 10. Jurisdiction and Miscellaneous Judicial
40 Proceedings
41 Sec. 1. An action brought against the commission, or against the
42 chairperson as the chairperson, shall be brought in the circuit or
2024	IN 1282—LS 6532/DI 106 23
1 superior court of Marion County unless otherwise specifically
2 provided in this article.
3 Sec. 2. The commission may bring an action for declaratory
4 judgment under IC 34-14-1-1.
5 Chapter 11. Issuance of Permits Generally
6 Sec. 1. The following definitions apply throughout this chapter:
7 (1) "Minority" means a person identified as:
8 (A) Black;
9 (B) Native American;
10 (C) Asian American; or
11 (D) Hispanic.
12 (2) "Owned and controlled" means:
13 (A) ownership of at least fifty-one percent (51%) of the
14 enterprise, including corporate stock of a corporation;
15 (B) control over the management and being active in the
16 day to day operations of the business; and
17 (C) an interest in the capital, assets, and profits and losses
18 of the business proportionate to the percentage of
19 ownership.
20 (3) "Veteran" means an individual who:
21 (A) has previously:
22 (i) served on active duty in any branch of the armed
23 forces of the United States or their reserves, or in the
24 Indiana National Guard; and
25 (ii) received an honorable discharge from service; or
26 (B) is currently serving in:
27 (i) any branch of the armed forces of the United States or
28 their reserves; or
29 (ii) the Indiana National Guard.
30 Sec. 2. (a) The commission may issue only the types of permits
31 authorized by this article subject to the applicable provisions of
32 this article.
33 (b) Beginning July 1, 2024, the commission shall accept
34 applications for cannabis permits.
35 Sec. 3. A permit:
36 (1) is a revocable privilege granted by the state; and
37 (2) is not a property right.
38 Sec. 4. The commission may issue a permit under this article
39 only to:
40 (1) an individual;
41 (2) a partnership;
42 (3) a limited liability company; or
2024	IN 1282—LS 6532/DI 106 24
1 (4) a corporation organized and existing under Indiana law.
2 Sec. 5. (a) Except as provided in subsection (b), the commission
3 shall issue not less than fifteen percent (15%) of allowable permits
4 under this article to businesses owned and controlled by one (1) or
5 more:
6 (1) minorities; or
7 (2) veterans.
8 (b) If an insufficient number of qualifying applications are by a
9 person described in subsection (a), the commission shall issue
10 permits in the usual way.
11 Sec. 6. (a) Except as otherwise provided in this article, a permit
12 issued by the commission is valid for one (1) calendar year,
13 including the day upon which it is granted. At the end of the one (1)
14 year period, the permit expires and is void.
15 (b) The commission shall timely process a permittee's
16 application for renewal of a permit unless the permittee receives a
17 notice of a violation from the office of the prosecutor.
18 (c) The commission may timely process an application for
19 renewal of a permit filed by a permittee that receives notice of a
20 violation as described in subsection (f) if the chairperson or the
21 chairperson's designee authorizes the application for renewal of
22 the permit to be timely processed.
23 (d) A permittee may file an application for renewal of a permit
24 not later than thirty (30) days after the date the permit expires.
25 (e) If a permittee does not file an application for renewal of a
26 permit within the time provided in subsection (d), the permit
27 reverts to the commission. At least thirty (30) days before the date
28 that a permit reverts to the commission, the commission shall
29 provide written notice to the permittee informing the permittee of
30 the date that the permittee's permit will revert to the commission.
31 (f) The chairperson or the chairperson's designee may allow the
32 permittee to renew the permit after the date the permit expires
33 only if the permittee provides evidence that the permittee is
34 engaged in an administrative or court proceeding that prevents the
35 permittee from renewing the permit.
36 (g) A permit is effective upon the final approval of the
37 commission. Upon final approval of a permit, and upon the request
38 of the permittee, the commission shall provide the permittee with
39 a letter of authority to operate. The letter of authority to operate
40 constitutes authorization for the permittee to perform the actions
41 allowed under the permit until the date the permittee receives the
42 permit issued by the commission.
2024	IN 1282—LS 6532/DI 106 25
1 Sec. 7. (a) The chairperson or the chairperson's designee may
2 issue an original letter of extension extending the term of a permit
3 for a maximum period of ninety (90) days for good cause shown
4 upon the written request of the permittee and payment of the fee,
5 if required.
6 (b) Upon the expiration of an original letter of extension, or any
7 renewal thereof, if good cause still exists, subsequent renewals of
8 the extension may be granted to the permittee only upon the
9 affirmative vote of a majority of the members of the commission.
10 Sec. 8. The commission shall issue a permit authorized by this
11 article only upon proper application. The application shall be in
12 writing, and verified, upon forms prescribed and furnished by the
13 commission. The application shall contain the terms and
14 information required by this article or by the rules of the
15 commission. The appropriate surety bond, if required, must be
16 submitted with the application.
17 Sec. 9. An application for a permit shall contain the express
18 statement of the applicant that, if a permit is issued to the
19 applicant, the applicant consents for the duration of the permit
20 term to the entrance, inspection, and search by an enforcement
21 officer, without a warrant or other process, of the applicant's
22 permitted premises and vehicles to determine whether the
23 applicant is complying with the provisions of this article. The
24 consent required by this section is renewed and continued by the
25 retention of a permit or its use by a permittee.
26 Sec. 10. An application for a permit to sell cannabis or cannabis
27 products of any kind, and the required publication of notice, must
28 disclose the name of the applicant and the specific property
29 address where the cannabis or cannabis products are to be sold,
30 and any assumed business name under which the business will be
31 conducted. The application and notice also must disclose:
32 (1) the names of the executive officers of the corporation,
33 company, or other entity responsible for the sale of cannabis
34 or the cannabis product to the public; and
35 (2) the website where a member of the public may access the
36 information in subdivision (1).
37 Sec. 11. An applicant must have a vested legal interest in the
38 property address listed on the permit application.
39 Sec. 12. (a) As used in this section, "immediate family member"
40 means a spouse, parent, child, sibling, father-in-law, or
41 mother-in-law.
42 (b) The commission may not issue a permit under this chapter
2024	IN 1282—LS 6532/DI 106 26
1 to an individual who is an immediate family member of a current
2 permittee.
3 Sec. 13. (a) On receipt of a completed permit application under
4 this chapter, the commission shall forward a copy of the
5 application to the state police department.
6 (b) The state police department shall perform a national
7 criminal history background check of the applicant and return the
8 application to the commission along with the results from the
9 national criminal history background check. The commission is
10 responsible for the cost of the national criminal history
11 background check.
12 (c) The commission shall review the permit application after
13 receipt of the results from the state police department. The
14 commission shall grant or deny a completed application for a
15 permit within sixty (60) days after receipt of the application. If the
16 commission determines that:
17 (1) all the requirements under this article have been met; and
18 (2) the applicant has not been convicted within ten (10) years
19 before the date of application of:
20 (A) a federal crime having a sentence of more than one (1)
21 year;
22 (B) a Class A, Class B, or Class C felony (for a crime
23 committed before July 1, 2014) or a Level 1, Level 2, Level
24 3, Level 4, or Level 5 felony (for a crime committed after
25 June 30, 2014); or
26 (C) a crime in another state that is substantially similar to
27 a crime described in clause (B);
28 the commission shall approve the application for issuance of the
29 permit.
30 (d) The commission may deny a permit application if it finds
31 that the applicant has been adjudicated against in a civil
32 proceeding regarding the cannabis or hemp industry.
33 (e) If the completed application for a permit is denied, the
34 commission must state the reasons for the denial. If a completed
35 application is denied under this section, the applicant may reapply
36 within thirty (30) days after the date of the denial. There is no
37 application fee for a reapplication under this subsection.
38 (f) A permit issued under this chapter expires one (1) year after
39 the date on which the permit was issued, unless revoked.
40 Sec. 14. An applicant for a permit issued pursuant to this article
41 shall file with the commission a surety bond in the sum of fifteen
42 thousand dollars ($15,000).
2024	IN 1282—LS 6532/DI 106 27
1 Sec. 15. (a) The required surety bond of an applicant must be
2 approved by the commission. The bond must be made payable to
3 the state and may be forfeited if the applicant:
4 (1) violates a provision of this article or a rule of the
5 commission that relates to the permit; or
6 (2) fails to pay all taxes and fees imposed by this article on the
7 activities authorized under the permit.
8 (b) A permittee shall keep the bond in full force and effect
9 continuously in order to keep the permit in force.
10 Sec. 16. (a) Except as provided in subsection (b), the commission
11 may recover not more than two hundred fifty dollars ($250) in any
12 one (1) action on a permittee's surety bond for the violation of a
13 rule of the commission. Except as provided in subsection (b), the
14 commission may recover not more than five hundred dollars ($500)
15 in any one (1) action on the surety bond for the violation of a
16 provision of this article. All violations committed before the
17 commission brings an action on the bond are considered one (1)
18 violation. Funds recovered on a bond shall be deposited in the
19 cannabis regulation fund established by IC 7.1-8-2-12.
20 (b) The state may recover the full amount of all taxes and fees
21 due and owed by the permittee under this article in a single action
22 on the bond. No person may bring an action on the bond except the
23 commission. Funds recovered under this section shall be deposited
24 in the state general fund.
25 Sec. 17. The commission shall ensure that a surety bond filed
26 under this article is securely stored. The commission may not
27 approve a surety bond unless the surety company is solvent and
28 qualified to do business in Indiana. The commission, before
29 approving a surety bond, shall require the commissioner of the
30 department of insurance to furnish to the commission copies of
31 reports of the surety company and other information concerning
32 the reserves and reliability of the company.
33 Sec. 18. Cash or bonds of the United States, or both, may be
34 tendered to the commission instead of a surety bond required by
35 the provisions of this article if it is tendered on the same terms and
36 conditions as a surety bond.
37 Sec. 19. A surety may not cancel or annul a surety bond filed in
38 accordance with the provisions of this article after it has been
39 approved by the commission. However, a surety, with the consent
40 of the commission, may cancel a bond and be released from
41 liability accruing after the effective date of the cancellation. The
42 commission may not approve a cancellation until the surety has
2024	IN 1282—LS 6532/DI 106 28
1 paid and discharged in full its liability to the state on the bond to
2 the date of the approval of the cancellation.
3 Sec. 20. (a) As used in this section, "credit card" means a:
4 (1) credit card;
5 (2) debit card;
6 (3) charge card; or
7 (4) stored value card.
8 (b) The commission shall accept a payment to the commission
9 for any purpose by any of the following financial instruments:
10 (1) Cash.
11 (2) Certified check.
12 (3) Cashier's check.
13 (4) Check drawn on the bank deposit of a business.
14 (5) Valid postal money order of the United States.
15 (6) Bank draft.
16 (7) Money order.
17 (8) Bank card or credit card.
18 (9) Electronic funds transfer.
19 (10) Any other financial instrument authorized by the
20 commission.
21 (c) If there is a charge to the commission for the use of a
22 financial instrument, the commission may collect a sum equal to
23 the amount of the charge from the person who uses the financial
24 instrument.
25 (d) A procedure authorized for a particular type of payment
26 must be uniformly applied to all payments of the same type.
27 (e) The commission may contract with a bank card or credit
28 card vendor for acceptance of bank cards or credit cards.
29 However, if there is a vendor transaction charge or discount fee,
30 whether billed to the commission or charged directly to the
31 commission's account, the commission may collect from the person
32 using the card:
33 (1) an official fee that may not exceed the transaction charge
34 or discount fee charged to the commission by bank card or
35 credit card vendors; or
36 (2) a reasonable convenience fee that:
37 (A) may not exceed three dollars ($3); and
38 (B) must be uniform regardless of the bank card or credit
39 card used.
40 The fees described in subdivisions (1) and (2) may be collected
41 regardless of retail merchant agreements between the bank card
42 and credit card vendors that may prohibit such fees. These fees are
2024	IN 1282—LS 6532/DI 106 29
1 permitted additional charges under IC 24-4.5-3-202.
2 (f) The commission may pay any applicable bank card or credit
3 card service charge associated with the use of a bank card or credit
4 card under this section.
5 Sec. 21. (a) Except as provided in subsection (d), if publication
6 of notice of application for a permit is required under this article,
7 the publication shall be made in one (1) newspaper of general
8 circulation published in the county where the permit is to be in
9 effect.
10 (b) Publication required under subsection (a) may be made in
11 any newspaper of general circulation published one (1) or more
12 times each week.
13 (c) The rates to be paid for the advertising of a notice required
14 under this article shall be those required to be paid in case of other
15 notices published for or on behalf of the state.
16 (d) If:
17 (1) the commission is unable to procure advertising of a notice
18 as required under subsection (a) at the rates set forth in
19 IC 5-3-1; or
20 (2) the newspaper published in the county as described in
21 subsection (a) refuses to publish the notice;
22 the commission may, instead of publication in a newspaper as
23 required under subsection (a), post the notice on the commission's
24 website.
25 Sec. 22. Whenever the character of the business in which an
26 applicant is engaged is material to the applicant being issued a
27 permit under this article, or is material to the applicant being
28 qualified to continue to hold the permit, it must be made to appear
29 to the satisfaction of the commission that a substantial portion of
30 the business carried on, or to be carried on, in the premises in
31 respect to which a permit is applied for is in the nature of the
32 applicant's main business function in the premises.
33 Sec. 23. A person to whom a permit has been issued to carry on
34 any of the activities authorized by this article shall, before being
35 fully qualified to do business, post and display, and keep posted
36 and displayed, in the most conspicuous place in the person's
37 permitted premises the person's permit to do business.
38 Sec. 24. A permit issued under this article may not be
39 transferred from:
40 (1) the permit holder to another person; or
41 (2) the location for which the permit was approved or
42 renewed to another location;
2024	IN 1282—LS 6532/DI 106 30
1 unless otherwise authorized by this article or approved by the
2 commission.
3 Sec. 25. (a) As used in this section, "disqualifying event" means
4 an occurrence that would render the planned cannabis permittee
5 location illegal under this article.
6 (b) If a disqualifying event occurs while a permit application is
7 pending before the commission, the applicant may transfer the
8 permit location within six (6) months of the disqualifying event.
9 Sec. 26. If the information required for an initial or renewal
10 permit changes, the applicant or permit holder shall notify the
11 commission within ten (10) business days of the change. If any
12 change in the information required for an application results in a
13 violation of this article, the commission may impose a penalty as
14 provided in this article.
15 Sec. 27. (a) A person may simultaneously hold:
16 (1) a grower permit and a processor permit;
17 (2) a grower permit and a retailer permit; or
18 (3) a processor permit and a retailer permit.
19 However, a person may not simultaneously hold a grower permit,
20 a processor permit, and a retailer permit unless the person is an
21 integrated permittee.
22 (b) A person holding a transport permit may not hold any other
23 type of permit, and a person holding a safety compliance facility
24 permit may not hold any other type of permit.
25 (c) Except as otherwise provided in this section, an integrated
26 permittee is subject to all the requirements of the laws and
27 regulations governing each permit.
28 (d) The commission shall impose an annual fee of one million
29 dollars ($1,000,000) on an integrated permittee. This fee includes
30 the separate grower, retailer, and processor fees. If the prospective
31 permittee is a veteran or minority owned business under section 5
32 of this chapter, the commission may permit this fee to be paid in
33 installments.
34 (e) The commission may award an integrated processor permit
35 only if the prospective permittee demonstrates that the permittee
36 has a proven capital reserve of at least five million dollars
37 ($5,000,000). If the prospective permittee is a veteran or minority
38 owned business under section 5 of this chapter, the commission
39 may permit alternate capital reserve.
40 (f) An integrated permittee is entitled to:
41 (1) twenty-five (25) retailer permits; and
42 (2) ten (10) grower permits, consisting of:
2024	IN 1282—LS 6532/DI 106 31
1 (A) six (6) small grower permits under IC 7.1-8-12-7(a);
2 (B) three (3) medium grower permits under
3 IC 7.1-8-12-7(b); and
4 (C) one (1) large grower permit under IC 7.1-8-12-7(c).
5 However, an integrated permittee is not entitled to a permit if no
6 additional permits of that type are available.
7 (g) An integrated permittee to whom a permit has been issued
8 under this section may deposit that permit with the commission for
9 a period of:
10 (1) two (2) years, in the case of a grower and processor
11 permit; and
12 (2) three (3) years, in the case of a retailer permit;
13 if the permittee is unable to immediately operate the business to
14 which the permit applies.
15 (h) If a permittee is unable to use the permit issued under this
16 article within the period described in subsection (g), the permit is
17 forfeited to the commission, unless the commission finds that a
18 reasonable extension is necessary due to construction delays or fire,
19 flood, tornado, or other natural disasters or acts of God.
20 Chapter 12. Grower Permits
21 Sec. 1. The growth of cannabis is authorized in Indiana. The
22 growing and handling of cannabis is subject to regulation by the
23 commission. The commission shall adopt rules under IC 4-22-2 to
24 oversee the permitting, production, and management of:
25 (1) cannabis; and
26 (2) cannabis seed.
27 Sec. 2. (a) Except as expressly provided in this article, a
28 cannabis grower may not grow or sell cannabis in Indiana without
29 a permit issued by the commission under this article.
30 (b) Except as otherwise provided in this article, cannabis
31 produced by a grower permittee under this article may be grown
32 and sold in Indiana.
33 (c) A grower issued a permit under this chapter:
34 (1) must grow at least eighty percent (80%) of the cannabis
35 canopy in an indoor grow facility; and
36 (2) may grow not more than twenty percent (20%) of the
37 cannabis canopy outdoors, if the outdoor grow area:
38 (A) is adjacent to the indoor grow facility; and
39 (B) is not:
40 (i) accessible to a member of the general public; or
41 (ii) visible from any street adjacent to the property by a
42 normal person with 20/20 eyesight without the use of any
2024	IN 1282—LS 6532/DI 106 32
1 device to assist in improving viewing distance or vantage
2 point.
3 (d) Nothing in this chapter prohibits a grower permittee from:
4 (1) selling cannabis cultivated by the grower to another
5 grower permittee in Indiana;
6 (2) packaging, trimming, and placing cannabis cultivated by
7 the grower in containers for retail sale; or
8 (3) selling and delivering cannabis cultivated by the grower to
9 a person holding a retailer permit issued under this article.
10 However, a grower may not use a chemical process to extract or
11 transform cannabis.
12 (e) Nothing in this chapter prohibits a grower permittee from
13 exporting cannabis outside Indiana as permitted by federal law.
14 Sec. 3. (a) A grower to whom a permit has been issued under
15 this chapter may deposit that permit with the commission for a
16 period of two (2) years if the permittee is unable to immediately
17 operate the business to which the permit applies.
18 (b) If a permittee is unable to use the permit issued under this
19 article within two (2) years, the permit is forfeited to the
20 commission, unless the commission finds that a reasonable
21 extension is necessary due to construction delays or fire, flood,
22 tornado, or other natural disasters or acts of God.
23 Sec. 4. (a) As used in this section, "household" means a
24 residential dwelling that is the principal place of residence of a
25 person or a family unit whose members are related by birth,
26 marriage, or adoption and who share a common living
27 arrangement. It does not include any industrial, commercial, or
28 other nonresidential building.
29 (b) An individual may personally cultivate cannabis in Indiana
30 for personal use without a permit.
31 (c) A person may not personally cultivate more than four (4) 
32 cannabis plants per household at one (1) time.
33 (d) All cannabis personally cultivated under this section must be
34 grown on real property owned by the person or on real property
35 for which the person has the property owner's written permission
36 to personally cultivate cannabis on the property.
37 (e) A person who personally cultivates cannabis may not use
38 extraction equipment or extraction processes if the equipment or
39 process uses butane, propane, carbon dioxide, or any potentially
40 hazardous material in a residential property.
41 Sec. 5. (a) For purposes of this section, "visible" means viewable
42 by a normal person with 20/20 eyesight without the use of any
2024	IN 1282—LS 6532/DI 106 33
1 device to assist in improving viewing distance or vantage point.
2 (b) All cannabis personally cultivated under this chapter must
3 be cultivated so that the cannabis is not accessible to a member of
4 the general public. No cannabis may be visible from any street
5 adjacent to the property.
6 (c) In consultation with the state police department, the
7 commission shall adopt rules under IC 4-22-2 governing the
8 security of a cannabis personal cultivation site.
9 (d) Cannabis plants personally cultivated in violation of this
10 section may be seized and destroyed.
11 Sec. 6. In addition to the other requirements of this article, an
12 initial or renewal application for a grower permit must include the
13 following:
14 (1) The global positioning system coordinates and legal
15 description of the property used for the cannabis grow
16 operation.
17 (2) The planned size of the cannabis canopy.
18 (3) A site plan of the proposed grow facility.
19 (4) A nonrefundable application fee.
20 Sec. 7. (a) For a permittee who grows less than five thousand
21 (5,000) square feet of cannabis canopy, the commission shall
22 impose an annual fee of thirty thousand dollars ($30,000).
23 (b) For a permittee who grows at least five thousand (5,000)
24 square feet of cannabis canopy and less than fifteen thousand
25 (15,000) square feet of cannabis canopy, the commission shall
26 impose an annual fee of one hundred thousand dollars ($100,000).
27 (c) For a permittee who grows at least fifteen thousand (15,000)
28 square feet of cannabis canopy, the commission shall impose an
29 annual fee of two hundred thousand dollars ($200,000).
30 (d) Not more than:
31 (1) twenty-five (25) grower permits may be issued under
32 subsection (a) at one (1) time;
33 (2) fifteen (15) grower permits may be issued under subsection
34 (b) at one (1) time; and
35 (3) four (4) grower permits may be issued under subsection (c)
36 at one (1) time.
37 (e) A permittee, or permittee who is directly or indirectly
38 controlled by another permittee, may not possess more than one (1)
39 grower permit at one (1) time.
40 (f) The fees set forth in this section are due to the commission
41 within thirty (30) days of the date the initial or renewal grower
42 permit is issued, and shall be deposited in the cannabis regulation
2024	IN 1282—LS 6532/DI 106 34
1 fund established by IC 7.1-8-2-12.
2 Sec. 8. (a) A grower shall uniquely identify each immature plant
3 batch with a single permanent plant tag and record the
4 information in the statewide monitoring system established under
5 IC 7.1-8-17. Each immature plant batch must consist of not more
6 than one hundred (100) immature plants.
7 (b) A grower shall separate the plants as the plants go through
8 different growth stages and ensure that the plant tag is always
9 identified with the plant throughout the growth span so that all
10 plants can be easily identified and inspected. A grower shall ensure
11 that the identification information is recorded in the statewide
12 monitoring system.
13 (c) After a tagged plant is harvested, it is part of a harvest batch
14 so that a sample of the harvest batch can be tested in accordance
15 with this article. A grower shall quarantine a harvest batch from
16 other plants or batches that have test results pending. A harvest
17 batch must be easily distinguishable from other harvest batches
18 until the harvest batch is broken down into packages.
19 (d) After test results show a passed test and the harvest batch is
20 packaged, the grower shall destroy the individual plant tags. Each
21 package must have a permanent package tag attached. A grower
22 shall ensure this information is placed in the statewide monitoring
23 system in accordance with this article and rules adopted by the
24 commission.
25 Sec. 9. (a) In addition to any other liability or penalty provided
26 by law, the commission may revoke or refuse to issue or renew a
27 grower permit and may impose a civil penalty for a violation of:
28 (1) a permit requirement;
29 (2) permit terms or conditions; or
30 (3) a rule relating to growing cannabis.
31 (b) The commission may not impose a civil penalty under this
32 section that exceeds two thousand five hundred dollars ($2,500).
33 (c) Any civil penalties collected under this section shall be
34 deposited in the cannabis regulation fund established by
35 IC 7.1-8-2-12.
36 Sec. 10. (a) Except as provided in subsection (b), the commission
37 shall give a person who negligently violates this chapter a
38 reasonable time, determined by the commission, to correct the
39 violation without imposing a penalty under this chapter. However,
40 the commission may require the person who committed the
41 violation to comply with a corrective action plan determined by the
42 commission and report to the commission on compliance with the
2024	IN 1282—LS 6532/DI 106 35
1 corrective action plan.
2 (b) A person who commits a negligent violation of this chapter
3 three (3) times in a five (5) year period shall immediately be
4 ineligible to hold or work under a grower permit for five (5) years.
5 (c) If the commission believes that a person has knowingly or
6 intentionally violated this chapter, the commission shall notify:
7 (1) the superintendent of the state police department; and
8 (2) the prosecuting attorney of the county in which the
9 violation occurred;
10 of the violation.
11 (d) A person who commits a negligent violation under this
12 chapter is subject to a late fee as established by rules adopted by
13 the commission.
14 Sec. 11. The commission shall adopt rules under IC 4-22-2 to
15 implement and administer this chapter.
16 Sec. 12. (a) The commission may keep the:
17 (1) names of growers who are permitted under this chapter;
18 and
19 (2) locations of permitted cannabis crops;
20 confidential for purposes of IC 5-14-3.
21 (b) The commission may share confidential information under
22 subsection (a) with the state police department and law
23 enforcement officers (as defined in IC 35-31.5-2-185).
24 Sec. 13. A person not permitted under this chapter who
25 knowingly or intentionally:
26 (1) grows or sells cannabis; or
27 (2) sells cannabis seed;
28 commits a Level 6 felony.
29 Chapter 13. Processor Permits
30 Sec. 1. The commission may issue a cannabis processor permit
31 to a person who desires to process cannabis or cannabis products.
32 Sec. 2. The holder of a processor permit may do the following:
33 (1) Process cannabis or cannabis products.
34 (2) Place cannabis or cannabis products in containers for
35 retail sale.
36 (3) Sell and deliver cannabis or cannabis products to a person
37 holding a retailer permit issued under this article.
38 Sec. 3. (a) A processor to whom a permit has been issued under
39 this chapter may deposit that permit with the commission for a
40 period of up to two (2) years if the permittee is unable to
41 immediately operate the business to which the permit applies.
42 (b) If a permittee is unable to use the permit issued under this
2024	IN 1282—LS 6532/DI 106 36
1 article within two (2) years, the permit is forfeited to the
2 commission, unless the commission finds that a reasonable
3 extension is necessary due to construction delays or fire, flood,
4 tornado, or other natural disasters or acts of God.
5 Sec. 4. Cannabis and cannabis products must be transported
6 and distributed to and from a processor in packaging that contains
7 the following information:
8 (1) A scannable bar code or QR code linked to a document
9 that contains the:
10 (A) batch identification number of the cannabis or
11 cannabis products;
12 (B) product name;
13 (C) batch date;
14 (D) expiration date, which must be not more than two (2)
15 years from the date of manufacture;
16 (E) batch size;
17 (F) total quantity produced;
18 (G) ingredients used, including the:
19 (i) ingredient name;
20 (ii) name of the company that manufactured the
21 ingredient;
22 (iii) company or product identification number or code,
23 if applicable; and
24 (iv) ingredient lot number; and
25 (H) results of the quality assurance test conducted under
26 IC 7.1-8-18.
27 (2) The batch number.
28 (3) The Internet address of a website to obtain batch
29 information.
30 (4) The expiration date.
31 (5) The total number of milligrams of
32 delta-9-tetrahydrocannabinol (THC), including precursors.
33 (6) The grower.
34 Sec. 5. The commission shall impose an annual fee of thirty
35 thousand dollars ($30,000) on a processor permittee.
36 Chapter 14. Transport Permits
37 Sec. 1. The commission may issue a cannabis transport permit
38 to a person who is a carrier upon a showing of the reliability and
39 responsibility of the carrier and the appropriateness of issuing the
40 permit.
41 Sec. 2. The transportation of cannabis and cannabis products
42 for sale in Indiana is subject to the rules of the commission.
2024	IN 1282—LS 6532/DI 106 37
1 Cannabis and cannabis products may be transported and delivered
2 only in containers that are lawful under this article and permissible
3 under the rules of the commission.
4 Sec. 3. A transport permit is required for the transportation of
5 cannabis and cannabis products on a public highway in Indiana.
6 Sec. 4. (a) A carrier must hold a transport permit before the
7 carrier may transport cannabis or cannabis products on a public
8 highway.
9 (b) A person that is a direct or beneficial owner of a grower,
10 processor, retailer, or safety compliance facility permit issued
11 under this article may not hold a transport permit.
12 Sec. 5. (a) A carrier to whom a permit has been issued under
13 this chapter may deposit that permit with the commission for a
14 period of one (1) year if the permittee is unable to immediately
15 operate the business to which the permit applies.
16 (b) If a permittee is unable to use the permit issued under this
17 article within one (1) year, the permit is forfeited to the
18 commission, unless the commission finds that a reasonable
19 extension is necessary due to construction delays or fire, flood,
20 tornado, or other natural disasters or acts of God.
21 Sec. 6. (a) A carrier may not transport cannabis or cannabis
22 products on a vehicle owned or operated by the carrier unless the
23 carrier has filed a description of the vehicle with the commission.
24 (b) The description of a vehicle used to transport cannabis or
25 cannabis products must include:
26 (1) the engine number;
27 (2) the date of manufacture;
28 (3) the approximate weight;
29 (4) the vehicle identification number;
30 (5) the license plate number;
31 (6) the capacity; and
32 (7) any other information that the commission may require.
33 (c) The permittee may alter or add to the number of vehicles
34 included under the permit at any time.
35 Sec. 7. (a) A carrier must transmit a copy of its route plan and
36 manifest to the safety compliance facility as required by
37 IC 7.1-8-18, and a copy of each must be carried in the transporting
38 vehicle and presented to a law enforcement officer or commission
39 enforcement officer upon request.
40 (b) The commission may inspect shipments of cannabis or
41 cannabis products in transit and the vehicle used in the
42 transportation.
2024	IN 1282—LS 6532/DI 106 38
1 Sec. 8. The commission shall impose an annual fee of five
2 thousand dollars ($5,000) on a transport permittee.
3 Sec. 9. A transport permittee who knowingly or intentionally
4 transports cannabis or cannabis products in a vehicle for which the
5 permittee has not filed a description under this chapter commits a
6 Class A misdemeanor.
7 Chapter 15. Retailer Permits
8 Sec. 1. The commission may issue a cannabis retailer permit to
9 a person who desires to sell cannabis or cannabis products to
10 customers for consumption.
11 Sec. 2. (a) The commission may grant only one (1) retailer
12 permit per twenty-five thousand (25,000) persons statewide.
13 (b) Only two hundred sixty-nine (269) active retailer permits
14 may be issued at any one (1) time.
15 (c) A county may not have more retailer permits than its census
16 population divided by twenty-five thousand (25,000).
17 (d) No single retailer permittee may own more than twenty-five
18 percent (25%) of available permits.
19 Sec. 3. (a) The holder of a retailer permit may purchase
20 cannabis or cannabis products only from a permittee permitted
21 under this article. A retailer may possess cannabis or cannabis
22 products and sell it at retail for consumption to a customer who is
23 at least twenty-one (21) years of age.
24 (b) A retailer may sell cannabis or cannabis products at
25 wholesale.
26 (c) A retailer may sell and deliver cannabis or cannabis
27 products for carry out and for at home delivery without a
28 transport permit.
29 Sec. 4. (a) A retailer to which a permit has been issued under
30 this chapter may deposit the permit with the commission for a
31 period of one (1) year if the permittee is unable to immediately
32 operate the business to which the permit applies.
33 (b) If a permittee is unable to use the permit issued under this
34 article within one (1) year, the permit is forfeited to the
35 commission, unless the commission finds that a reasonable
36 extension is necessary due to construction delays or fire, flood,
37 tornado, or other natural disasters or acts of God.
38 Sec. 5. (a) A retailer may not:
39 (1) operate within one thousand (1,000) feet of an elementary
40 or secondary school;
41 (2) allow a customer to sample or consume cannabis or a
42 cannabis product on the premises;
2024	IN 1282—LS 6532/DI 106 39
1 (3) permit a customer to purchase more than four (4) ounces
2 of cannabis or twenty-five (25) grams of cannabis concentrate
3 per day; or
4 (4) sell cannabis or a cannabis product in a unitary
5 transaction (as defined in IC 6-2.5-1-1) or bundled transaction
6 (as defined in IC 6-2.5-1-11.5).
7 (b) A person who knowingly or intentionally violates this section
8 commits a Level 6 felony.
9 Sec. 6. The commission shall impose an annual fee of one
10 thousand dollars ($1,000) on a retailer permittee.
11 Sec. 7. (a) All sales of cannabis and cannabis products must be
12 accompanied by an invoice showing the following:
13 (1) The name and address of the seller and the purchaser.
14 (2) The date of sale.
15 (3) The name of each brand sold.
16 (4) The number of packages, if any.
17 (5) The number of cases by size and type of container.
18 (6) The quantity of each kind of cannabis or cannabis product
19 sold.
20 (b) The permittee must transmit an invoice to the commission
21 in accordance with rules adopted by the commission.
22 Sec. 8. Except as provided in IC 7.1-8-16, a unit may not
23 regulate cannabis or cannabis products.
24 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
25 Sec. 1. (a) Before July 1, 2025, the legislative body of a county
26 may adopt a resolution to place a public question on the ballot to
27 prohibit cannabis retail licensure within the county. The legislative
28 body shall determine whether to place the public question on the
29 primary election ballot, on the general election ballot, or on a
30 special election ballot.
31 (b) As soon as practicable after adopting the resolution under
32 subsection (a), the legislative body shall send a certified copy of the
33 resolution to the commission and the county circuit court clerk.
34 Sec. 2. A prohibition against cannabis retail licensure under this
35 chapter prevails if a majority of the individuals who vote on the
36 public question approves the prohibition.
37 Sec. 3. The public question to be submitted to the voters must
38 read as follows:
39 "Shall the county prohibit cannabis retail licensure for five (5)
40 years immediately following the holding of the referendum?
41 If this public question is approved by the voters, cannabis
42 retailers will be prohibited from licensing premises in the
2024	IN 1282—LS 6532/DI 106 40
1 county for five (5) years.".
2 Sec. 4. Each circuit court clerk shall, upon receiving the
3 question approved by the legislative body of a county under this
4 chapter, call a meeting of the county election board to certify the
5 question and make arrangements for the referendum.
6 Sec. 5. (a) The referendum shall be held in the next primary
7 election or general election in which all the registered voters who
8 are residents of the county are entitled to vote after adoption of the
9 resolution under section 1 of this chapter. The certification of the
10 question must occur not later than noon:
11 (1) seventy-four (74) days before a primary election if the
12 question is to be placed on the primary election ballot; or
13 (2) August 1 if the question is to be placed on the general
14 election ballot.
15 (b) However, if a primary election or general election will not be
16 held during the first year in which the public question is eligible to
17 be placed on the ballot under this chapter, and if the county
18 requests the public question to be placed on the ballot at a special
19 election, the public question shall be placed on the ballot at a
20 special election to be held on the first Tuesday after the first
21 Monday in May or November of the year. The certification must
22 occur not later than noon:
23 (1) sixty (60) days before a special election to be held in May
24 (if the special election is to be held in May); or
25 (2) August 1 (if the special election is to be held in November).
26 (c) If the referendum is not conducted at a primary election or
27 general election, the county in which the special election is to be
28 held shall pay all the costs of holding the special election.
29 Sec. 6. Each county election board shall cause:
30 (1) the question certified to the circuit court clerk by the
31 legislative body of a county to be placed on the ballot in the
32 form prescribed by IC 3-10-9; and
33 (2) an adequate supply of ballots and voting equipment to be
34 delivered to the precinct election board of each precinct in
35 which the referendum is to be held.
36 Sec. 7. (a) Except as provided in subsection (b), every registered
37 voter who resides in the county may vote on the public question.
38 (b) An individual who changes residence from a location within
39 the county to a location outside of the county less than thirty (30)
40 days before an election under this chapter may not vote on the
41 public question.
42 Sec. 8. Each precinct election board shall count the affirmative
2024	IN 1282—LS 6532/DI 106 41
1 votes and the negative votes cast concerning the public question,
2 and shall certify those two (2) totals to the county election board of
3 the county. The circuit court clerk shall, immediately after the
4 votes have been counted, certify the results of the public question
5 to the commission and the county legislative body.
6 Sec. 9. (a) Except as otherwise provided in this section, during
7 the period beginning with the adoption of a resolution by the
8 legislative body of a county to place a public question on the ballot
9 and continuing through the day on which the public question is
10 submitted to the voters, the county legislative body may not
11 promote a position on the referendum by doing any of the
12 following:
13 (1) Using facilities or equipment, including mail and
14 messaging systems, owned by the county to promote a position
15 on the public question, unless equal access to the facilities or
16 equipment is given to persons with a position opposite to that
17 of the county legislative body.
18 (2) Making an expenditure of money from a fund controlled
19 by the county to promote a position on the public question.
20 (3) Using an employee to promote a position on the public
21 question during the employee's normal working hours or paid
22 overtime, or otherwise compelling an employee to promote a
23 position on the public question at any time. However, if a
24 person described in subsection (c) is advocating for or against
25 a position on the public question or discussing the public
26 question as authorized under subsection (c), an employee of
27 the county may assist the person in presenting information on
28 the public question, if requested to do so by the person
29 described in subsection (c).
30 However, this section does not prohibit an official or employee of
31 the county from carrying out duties with respect to a public
32 question that are part of the normal and regular conduct of the
33 official's or employee's office or agency, including the furnishing
34 of factual information regarding the public question in response to
35 inquiries from any person.
36 (b) This subsection does not apply to:
37 (1) a personal expenditure to promote a position on a public
38 question by an employee of a county whose employment is
39 governed by a collective bargaining contract or an
40 employment contract; or
41 (2) an expenditure to promote a position on a public question
42 by a person or an organization that has a contract or an
2024	IN 1282—LS 6532/DI 106 42
1 arrangement (whether formal or informal) with the county
2 solely for the use of the county's facilities.
3 A person or an organization that has a contract or arrangement
4 (whether formal or informal) with a county to provide goods or
5 services to the county may not spend any money to promote a
6 position on the public question. A violation of this subsection is a
7 Class A infraction.
8 (c) Notwithstanding any other law, an elected or appointed
9 member of the county legislative body may at any time:
10 (1) personally advocate for or against a position on a public
11 question; or
12 (2) discuss the public question with any individual, group, or
13 organization or personally advocate for or against a position
14 on a public question before any individual, group, or
15 organization;
16 so long as it is not done by using public funds. Advocacy or
17 discussion allowed under this subsection is not considered a use of
18 public funds.
19 Chapter 17. Statewide Monitoring System
20 Sec. 1. The commission shall establish a statewide monitoring
21 system for use as an integrated cannabis tracking, inventory, and
22 verification system. The statewide monitoring system must allow
23 for interface with third party inventory control and tracking
24 systems to provide for access by the state, permittees, and law
25 enforcement personnel, to the extent that they need and are
26 authorized to receive or submit the information, to comply with,
27 enforce, or administer this article.
28 Sec. 2. At a minimum, the statewide monitoring system must be
29 capable of storing and providing access to information that, in
30 conjunction with one (1) or more third party inventory control and
31 tracking systems, allows the following:
32 (1) Retention of a record of the date, time, quantity, and price
33 of each sale or transfer of cannabis or cannabis products.
34 (2) Determination of whether a particular sale or transfer
35 transaction will exceed the permissible limit established under
36 this article.
37 (3) Effective monitoring of cannabis seed to sale transfers.
38 (4) Receipt and integration of information from third party
39 inventory control and tracking systems.
40 Sec. 3. The commission shall seek bids under IC 5-22 to
41 establish, operate, and maintain the statewide monitoring system
42 under this chapter. The commission shall do the following:
2024	IN 1282—LS 6532/DI 106 43
1 (1) Evaluate bidders based on the cost of the service and the
2 ability to meet all requirements of this article.
3 (2) Give strong consideration to the bidder's ability to prevent
4 fraud, abuse, and other unlawful or prohibited activities
5 associated with the commercial trade in cannabis, and the
6 ability to provide additional tools for the administration and
7 enforcement of this article.
8 (3) Institute procedures to ensure that the contract awardee
9 does not disclose or use the information in the statewide
10 monitoring system for any use or purpose except for the
11 enforcement, oversight, and implementation of this article.
12 (4) Require the contract awardee to deliver the functioning
13 system within one hundred twenty (120) days after award of
14 the contract.
15 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
16 implement this chapter.
17 Chapter 18. Safety Compliance Facility Permit
18 Sec. 1. The commission may issue a cannabis safety compliance
19 facility permit to a person who desires to test cannabis and
20 cannabis products for transfer, sale, and consumption in Indiana.
21 Sec. 2. A person who has a direct or indirect ownership interest
22 in a grower, processor, transport, or retailer permit may not have
23 a direct or indirect ownership interest in a safety compliance
24 facility or a safety compliance facility permit.
25 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
26 establish a proficiency testing program and designate safety
27 compliance facility participation that, at a minimum, comply with
28 reasonable and customary industry standards.
29 Sec. 4. (a) A safety compliance facility to which a permit has
30 been issued under this chapter may deposit that permit with the
31 commission for a period of one (1) year if the permittee is unable
32 to immediately operate the facility.
33 (b) If a permittee is unable to use the permit issued under this
34 article within one (1) year, the permit is forfeited to the
35 commission.
36 Sec. 5. (a) A safety compliance facility must test samples as
37 provided in this chapter and pursuant to rules adopted by the
38 commission.
39 (b) A safety compliance facility shall collect samples of cannabis
40 and cannabis products from another cannabis permittee. Every
41 cannabis permittee shall permit and assist the safety compliance
42 facility in the collection of samples for testing.
2024	IN 1282—LS 6532/DI 106 44
1 (c) The safety compliance facility shall take a physical sample of
2 the cannabis or cannabis product from another cannabis permittee
3 to be tested at the safety compliance facility.
4 (d) The safety compliance facility must develop a statistically
5 valid sampling method to collect a representative sample from each
6 batch of cannabis or cannabis product.
7 Sec. 6. (a) A safety compliance facility must comply with all the
8 following:
9 (1) The safety compliance facility shall ensure that samples of
10 the cannabis or cannabis product are identified in the
11 statewide monitoring system and placed in secured, sealed
12 containers that bear the labeling required under the rules of
13 the commission.
14 (2) A carrier's route plan and manifest that have been
15 transmitted to the facility must be entered into the statewide
16 monitoring system.
17 (3) The cannabis or cannabis product must be transported in
18 one (1) or more sealed containers and not be accessible while
19 in transit.
20 (4) The vehicle a safety compliance facility uses to transport
21 samples of cannabis or cannabis products may not bear
22 markings or other indication that it is carrying cannabis or a
23 cannabis product.
24 (b) Except as otherwise required by the commission, the safety
25 compliance facility shall collect a sample size that is:
26 (1) sufficient to complete all required analyses; and
27 (2) not less than one-half percent (0.5%) of the weight of the
28 harvest batch.
29 (c) At least fifty percent (50%) of the sample taken must be
30 homogenized for testing.
31 (d) The safety compliance facility shall report all testing results
32 to the commission on a quarterly basis, including the rate of
33 failure.
34 Sec. 7. A safety compliance facility must do all of the following:
35 (1) Become fully accredited to the International Organization
36 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
37 ILAC recognized accreditation body or by an entity approved
38 by the commission within one (1) year after the date the
39 permit is issued, and agree to have the inspections and reports
40 of the ISO made available to the commission.
41 (2) Maintain internal standard operating procedures.
42 (3) Maintain a quality control and quality assurance program.
2024	IN 1282—LS 6532/DI 106 45
1 Sec. 8. The commission may publish sample sizes for other
2 cannabis or cannabis products being tested.
3 Sec. 9. A cannabis permittee must allow the safety compliance
4 facility to have access to its entire batch for the purposes of
5 sampling.
6 Sec. 10. (a) An employee of the cannabis permittee from which
7 the cannabis or cannabis product test samples are being taken shall
8 be physically present to observe the safety compliance facility
9 employee collect the samples of cannabis or cannabis product for
10 testing. The employee shall ensure that the correct sample
11 increments are taken from throughout the batch.
12 (b) An employee of a cannabis permittee may not:
13 (1) be directly involved in the testing performed by the safety
14 compliance facility employee; or
15 (2) touch the cannabis or cannabis product or the sampling
16 equipment while the safety compliance facility employee is
17 obtaining the sample.
18 Sec. 11. (a) After samples have been selected, both the employee
19 of the cannabis permittee and the employee of the safety
20 compliance facility shall sign and date a chain of custody form,
21 attesting to the accuracy of the following sample information:
22 (1) The name of the cannabis or cannabis product.
23 (2) The weight of the cannabis or cannabis product.
24 (3) That all cannabis and cannabis products and samples are
25 correctly identified in the statewide monitoring system.
26 (4) If the cannabis or cannabis product test sample is obtained
27 for a retest, the safety compliance facility confirms that it is
28 not accepting a cannabis or cannabis product test sample that
29 is prohibited from being retested.
30 (b) The cannabis permittee shall enter in the statewide
31 monitoring system the cannabis or cannabis product test sample
32 that is collected by a permitted safety compliance facility, including
33 the date and time the cannabis or cannabis product is collected and
34 transferred. The safety compliance facility shall enter into the
35 statewide monitoring system the test results within three (3)
36 business days of test completion.
37 (c) If a testing sample is collected from a cannabis permittee for
38 testing in the statewide monitoring system, that cannabis permittee
39 shall quarantine the cannabis or cannabis product that is
40 undergoing the testing from any other cannabis or cannabis
41 products at the cannabis permittee location. The quarantined
42 cannabis or cannabis product must not be packaged, transferred,
2024	IN 1282—LS 6532/DI 106 46
1 or sold until passing test results are entered into the statewide
2 monitoring system.
3 (d) A safety compliance facility may collect additional sample
4 material from the same permittee from which the original sample
5 was collected for the purposes of completing the required safety
6 tests as long as the requirements of this chapter are met.
7 (e) The commission may publish guidance that must be followed
8 by cannabis permittees for chain of custody documentation.
9 Sec. 12. A safety compliance facility shall use analytical testing
10 methodologies for the required quality assurance tests under this
11 chapter that are validated. The tests may be monitored on an
12 ongoing basis by the commission. The facility's methodology must
13 follow one (1) of the following:
14 (1) The most current version of the Cannabis Inflorescence:
15 Standards of Identity, Analysis, and Quality Control
16 monograph published by the American Herbal
17 Pharmacopoeia.
18 (2) An alternative testing methodology approved by the
19 commission and validated by an independent third party that
20 the methodology followed by the safety compliance facility
21 produces scientifically accurate results as quality assurance
22 for each test it conducts.
23 Sec. 13. A safety compliance facility shall conduct quality
24 assurance tests that test for all of the following:
25 (1) Moisture content.
26 (2) Potency analysis.
27 (3) Tetrahydrocannabinol level.
28 (4) Tetrahydrocannabinol acid level.
29 (5) Cannabidiol and cannabidiol acid levels.
30 (6) Foreign matter inspection.
31 (7) Microbial and mycotoxin screening.
32 (8) Pesticides.
33 (9) Chemical residue.
34 (10) Fungicides.
35 (11) Insecticides.
36 (12) Metals screening.
37 (13) Residual solvents levels.
38 (14) Terpene analysis.
39 (15) Water activity content.
40 Sec. 14. The commission, in consultation with the state seed
41 commissioner and the department of agriculture, shall publish a
42 list of approved pesticides for use in the growing and production of
2024	IN 1282—LS 6532/DI 106 47
1 cannabis and cannabis products to be sold or transferred in
2 Indiana.
3 Sec. 15. The commission shall take immediate disciplinary
4 action against any safety compliance facility that fails to comply
5 with the provisions of this article or falsifies records related to this
6 article, including any sanctions or fines, or both.
7 Sec. 16. A safety compliance facility is prohibited from doing
8 any of the following:
9 (1) Desiccating samples.
10 (2) Dry labeling samples.
11 (3) Pretesting samples.
12 Sec. 17. A safety compliance facility shall comply with random
13 quality assurance compliance checks upon the request of the
14 commission. The commission or its authorized agents may collect
15 a random sample of cannabis or cannabis product from a safety
16 compliance facility or designate another safety compliance facility
17 to collect a random sample of cannabis or cannabis product in a
18 secure manner to test that sample for quality assurance compliance
19 pursuant to this rule.
20 Sec. 18. (a) A safety compliance facility may retest cannabis or
21 cannabis products that have failed initial safety testing, except as
22 indicated under subsection (c).
23 (b) A failed cannabis product must pass two (2) separate retests
24 with new samples consecutively to be eligible to proceed to sale or
25 transfer.
26 (c) The commission may publish a remediation protocol that
27 addresses, among other things, the sale or transfer of cannabis or
28 cannabis products after a failed safety test.
29 (d) The cannabis permittee that provided the sample is
30 responsible for all costs involved in a retest.
31 Sec. 19. (a) As used in this section, "research and development
32 testing" means optional testing performed before final compliance
33 testing.
34 (b) The commission may not take punitive action against a
35 cannabis permittee for conducting research and development
36 testing.
37 (c) The commission may adopt rules or publish guidance for
38 research and development testing.
39 (d) A permittee conducting research and development testing
40 must enter the testing and any other information required by the
41 commission into the statewide monitoring system.
42 Chapter 19. Violations
2024	IN 1282—LS 6532/DI 106 48
1 Sec. 1. If a permit holder violates this article, the permit holder
2 may be publicly reprimanded, assessed a civil penalty, or have the
3 permit revoked or suspended.
4 Sec. 2. (a) The commission may assess a civil penalty for a
5 violation of this article in an amount that does not exceed fifty
6 thousand dollars ($50,000). A civil penalty may be assessed in
7 addition to other penalties allowed under this article.
8 (b) A civil penalty assessed under this section shall be deposited
9 in the cannabis regulation fund established by IC 7.1-8-2-12.
10 Sec. 3. A person who recklessly, knowingly, or intentionally
11 provides cannabis or cannabis products to a person less than
12 twenty-one (21) years of age commits a Class B misdemeanor.
13 However, the offense is:
14 (1) a Class A misdemeanor if the person has a prior unrelated
15 conviction under this section; and
16 (2) a Level 6 felony if the use of the cannabis or cannabis
17 products is the proximate cause of the serious bodily injury or
18 death of any person.
19 Sec. 4. (a) A person who knowingly or intentionally:
20 (1) rents property; or
21 (2) provides or arranges for the use of property;
22 for the purpose of allowing or enabling a person less than
23 twenty-one (21) years of age to use cannabis or cannabis products
24 on the property commits a Class C infraction. However, the
25 violation is a Class B misdemeanor if the person has a prior
26 unrelated adjudication or conviction for a violation of this section
27 within the previous five (5) years.
28 (b) This section may not be construed to impose civil or criminal
29 liability upon any postsecondary educational institution, including
30 public and private universities and colleges, business schools,
31 vocational schools, and schools for continuing education, or its
32 agents for injury to any person or property sustained in
33 consequence of a violation of this section unless the institution or
34 its agent:
35 (1) sells, barters, exchanges, provides, or furnishes cannabis
36 or cannabis products to a person less than twenty-one (21)
37 years of age; or
38 (2) either:
39 (A) rents property; or
40 (B) provides or arranges for the use of property;
41 for the purpose of allowing or enabling a person less than
42 twenty-one (21) years of age to consume cannabis or cannabis
2024	IN 1282—LS 6532/DI 106 49
1 products on the property.
2 Sec. 5. (a) It is a Class C infraction for a person less than
3 twenty-one (21) years of age to enter the premises of a retailer or
4 other location where cannabis or cannabis products are provided.
5 (b) It is a Class C infraction for a parent, guardian, trustee, or
6 other person having custody of a child less than eighteen (18) years
7 of age to take that child into a retailer or other location where
8 cannabis or cannabis products are provided.
9 (c) It is a Class C infraction for a permittee to permit the parent,
10 guardian, trustee, or other person having custody of a child less
11 than eighteen (18) years of age to be with the child in a retailer or
12 other location where cannabis or cannabis products are provided.
13 Sec. 6. A person who knowingly or intentionally employs a
14 person less than twenty-one (21) years of age:
15 (1) where cannabis or cannabis products are provided; and
16 (2) in a capacity which requires or allows the person less than
17 twenty-one (21) years of age to provide or otherwise deal in
18 cannabis or cannabis products;
19 commits a Class B misdemeanor.
20 Sec. 7. A person who is at least twenty-one (21) years of age who
21 knowingly or intentionally aids, induces, or causes a person less
22 than twenty-one (21) years of age to unlawfully possess cannabis or
23 cannabis products commits a Class C infraction.
24 Sec. 8. (a) Notwithstanding any other law, an enforcement
25 officer with police powers may engage a person who is:
26 (1) at least eighteen (18) years of age; and
27 (2) less than twenty-one (21) years of age;
28 to receive or purchase cannabis or cannabis products as part of an
29 enforcement action under this article.
30 (b) The initial or contemporaneous receipt or purchase of
31 cannabis or cannabis products under this section by a person
32 described in subsection (a) must:
33 (1) occur under the direction of an enforcement officer vested
34 with full police powers and duties; and
35 (2) be a part of the enforcement action.
36 Chapter 20. Professional Services
37 Sec. 1. A person licensed under IC 25 does not commit a crime
38 or an infraction under Indiana law solely for providing
39 professional services to persons permitted to engage in an activity
40 authorized by this article.
41 Chapter 21. Employment
42 Sec. 1. Nothing in this article prohibits an employer from
2024	IN 1282—LS 6532/DI 106 50
1 mandating drug screening for employees or from taking an adverse
2 employment action against an employee who tests positive for
3 cannabis use.
4 Chapter 22. Appropriation
5 Sec. 1. There is appropriated to the commission from the state
6 general fund, from money not otherwise appropriated, a sum
7 sufficient to defray the expenses incurred by the commission in the
8 implementation and administration of this article.
9 SECTION 5. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 1. (a) A person who operates a vehicle with an
12 alcohol concentration equivalent to at least eight-hundredths (0.08)
13 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
14 per:
15 (1) one hundred (100) milliliters of the person's blood; or
16 (2) two hundred ten (210) liters of the person's breath;
17 commits a Class C misdemeanor.
18 (b) A person who operates a vehicle with an alcohol concentration
19 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
20 (1) one hundred (100) milliliters of the person's blood; or
21 (2) two hundred ten (210) liters of the person's breath;
22 commits a Class A misdemeanor.
23 (c) A person who operates a vehicle with a controlled substance
24 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
25 blood commits a Class C misdemeanor.
26 (d) It is a defense to subsection (c) that:
27 (1) the accused person consumed the controlled substance in
28 accordance with a valid prescription or order of a practitioner (as
29 defined in IC 35-48-1) who acted in the course of the
30 practitioner's professional practice; or
31 (2) the:
32 (A) controlled substance is marijuana or a metabolite of
33 marijuana; and
34 (B) person was not intoxicated.
35 (C) person did not cause a traffic accident; and
36 (D) substance was identified by means of a chemical test taken
37 pursuant to IC 9-30-7.
38 SECTION 6. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 4. (a) A person who causes serious bodily injury
41 to another person when operating a vehicle:
42 (1) with an alcohol concentration equivalent to at least
2024	IN 1282—LS 6532/DI 106 51
1 eight-hundredths (0.08) gram of alcohol per:
2 (A) one hundred (100) milliliters of the person's blood; or
3 (B) two hundred ten (210) liters of the person's breath;
4 (2) with a controlled substance listed in schedule I or II of
5 IC 35-48-2 or its metabolite in the person's blood; or
6 (3) while intoxicated;
7 commits a Level 5 felony. However, the offense is a Level 4 felony if
8 the person has a previous conviction of operating while intoxicated
9 within the five (5) years preceding the commission of the offense.
10 (b) A person who violates subsection (a) commits a separate offense
11 for each person whose serious bodily injury is caused by the violation
12 of subsection (a).
13 (c) It is a defense under subsection (a)(2) that:
14 (1) the accused person consumed the controlled substance in
15 accordance with a valid prescription or order of a practitioner (as
16 defined in IC 35-48-1) who acted in the course of the
17 practitioner's professional practice; or
18 (2) the:
19 (A) controlled substance is marijuana or a metabolite of
20 marijuana; and
21 (B) person was not intoxicated.
22 SECTION 7. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
23 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 5. (a) A person who causes the death or
25 catastrophic injury of another person when operating a vehicle:
26 (1) with an alcohol concentration equivalent to at least
27 eight-hundredths (0.08) gram of alcohol per:
28 (A) one hundred (100) milliliters of the person's blood; or
29 (B) two hundred ten (210) liters of the person's breath;
30 (2) with a controlled substance listed in schedule I or II of
31 IC 35-48-2 or its metabolite in the person's blood; or
32 (3) while intoxicated;
33 commits a Level 4 felony.
34 (b) A person who causes the death of a law enforcement animal (as
35 defined in IC 35-46-3-4.5) when operating a vehicle:
36 (1) with an alcohol concentration equivalent to at least
37 eight-hundredths (0.08) gram of alcohol per:
38 (A) one hundred (100) milliliters of the person's blood; or
39 (B) two hundred ten (210) liters of the person's breath; or
40 (2) with a controlled substance listed in schedule I or II of
41 IC 35-48-2 or its metabolite in the person's blood;
42 commits a Level 6 felony.
2024	IN 1282—LS 6532/DI 106 52
1 (c) A person who commits an offense under subsection (a) or (b)
2 commits a separate offense for each person or law enforcement animal
3 whose death (or catastrophic injury, in the case of a person) is caused
4 by the violation of subsection (a) or (b).
5 (d) It is a defense under subsection (a) or (b) that:
6 (1) the person accused of causing the death or catastrophic injury
7 of another person or the death of a law enforcement animal when
8 operating a vehicle with a controlled substance listed in schedule
9 I or II of IC 35-48-2 or its metabolite in the person's blood
10 consumed the controlled substance in accordance with a valid
11 prescription or order of a practitioner (as defined in IC 35-48-1)
12 who acted in the course of the practitioner's professional practice;
13 or
14 (2) the:
15 (A) controlled substance is marijuana or a metabolite of
16 marijuana; and
17 (B) person was not intoxicated.
18 SECTION 8. IC 10-10.5-1-3, AS AMENDED BY P.L.122-2023,
19 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 3. "Law enforcement officer" means any of the
21 following:
22 (1) A state police officer, enforcement officer of the alcohol and
23 tobacco commission, enforcement officer of the cannabis
24 commission, or conservation officer.
25 (2) A county, city, town, or tribal police officer.
26 (3) A police officer appointed by a state educational institution
27 under IC 21-39-4 or school corporation under IC 20-26-16.
28 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
29 under IC 4-33-20.
30 (5) A hospital police officer employed by a hospital police
31 department established under IC 16-18-4.
32 SECTION 9. IC 10-13-8-5, AS AMENDED BY P.L.122-2023,
33 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 5. As used in this chapter, "law enforcement
35 officer" means any of the following:
36 (1) A state police officer.
37 (2) A county sheriff.
38 (3) A county police officer.
39 (4) A correctional officer.
40 (5) An excise police officer, including an enforcement officer
41 of the cannabis commission.
42 (6) A county police reserve officer.
2024	IN 1282—LS 6532/DI 106 53
1 (7) A city police officer.
2 (8) A city police reserve officer.
3 (9) A conservation enforcement officer.
4 (10) A town marshal.
5 (11) A deputy town marshal.
6 (12) A probation officer.
7 (13) A state educational institution police officer appointed under
8 IC 21-39-4.
9 (14) A gaming agent of the Indiana gaming commission.
10 (15) A person employed by a political subdivision (as defined in
11 IC 36-1-2-13) and appointed as a special deputy under
12 IC 36-8-10-10.6.
13 (16) A school corporation police officer appointed under
14 IC 20-26-16.
15 (17) A police officer of a public or private postsecondary
16 educational institution whose board of trustees has established a
17 police department under IC 21-17-5-2 or IC 21-39-4-2.
18 (18) A tribal police officer.
19 (19) A hospital police officer employed by a hospital police
20 department established under IC 16-18-4.
21 (20) A conservancy district marshal.
22 (21) A deputy conservancy district marshal.
23 SECTION 10. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 3. As used in this chapter, "drug dealing offense"
26 means one (1) or more of the following offenses:
27 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
28 the person received only minimal consideration as a result of the
29 drug transaction.
30 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
31 person received only minimal consideration as a result of the drug
32 transaction.
33 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
34 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
35 only minimal consideration as a result of the drug transaction.
36 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
37 cannabinoid or mislabeled low THC hemp extract (IC
38 35-48-4-10) unless the person received only minimal
39 consideration as a result of the drug transaction.
40 SECTION 11. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 14. (a) A person holding a certificate or license
2024	IN 1282—LS 6532/DI 106 54
1 issued under this article must comply with the applicable standards and
2 rules established under this article. A certificate holder or license
3 holder is subject to disciplinary sanctions under subsection (b) if the
4 department of homeland security determines that the certificate holder
5 or license holder:
6 (1) engaged in or knowingly cooperated in fraud or material
7 deception in order to obtain a certificate or license, including
8 cheating on a certification or licensure examination;
9 (2) engaged in fraud or material deception in the course of
10 professional services or activities;
11 (3) advertised services or goods in a false or misleading manner;
12 (4) falsified or knowingly allowed another person to falsify
13 attendance records or certificates of completion of continuing
14 education courses required under this article or rules adopted
15 under this article;
16 (5) is convicted of a crime, if the act that resulted in the
17 conviction has a direct bearing on determining if the certificate
18 holder or license holder should be entrusted to provide emergency
19 medical services;
20 (6) is convicted of violating IC 9-19-14.5;
21 (7) fails to comply and maintain compliance with or violates any
22 applicable provision, standard, or other requirement of this article
23 or rules adopted under this article;
24 (8) continues to practice if the certificate holder or license holder
25 becomes unfit to practice due to:
26 (A) professional incompetence that includes the undertaking
27 of professional activities that the certificate holder or license
28 holder is not qualified by training or experience to undertake;
29 (B) failure to keep abreast of current professional theory or
30 practice;
31 (C) physical or mental disability; or
32 (D) addiction to, abuse of, or dependency on alcohol or other
33 drugs that endanger the public by impairing the certificate
34 holder's or license holder's ability to practice safely;
35 (9) engages in a course of lewd or immoral conduct in connection
36 with the delivery of services to the public;
37 (10) allows the certificate holder's or license holder's name or a
38 certificate or license issued under this article to be used in
39 connection with a person who renders services beyond the scope
40 of that person's training, experience, or competence;
41 (11) is subjected to disciplinary action in another state or
42 jurisdiction on grounds similar to those contained in this chapter.
2024	IN 1282—LS 6532/DI 106 55
1 For purposes of this subdivision, a certified copy of a record of
2 disciplinary action constitutes prima facie evidence of a
3 disciplinary action in another jurisdiction;
4 (12) assists another person in committing an act that would
5 constitute a ground for disciplinary sanction under this chapter;
6 (13) allows a certificate or license issued by the commission to
7 be:
8 (A) used by another person; or
9 (B) displayed to the public when the certificate or license is
10 expired, inactive, invalid, revoked, or suspended; or
11 (14) fails to notify the department in writing of any misdemeanor
12 or felony criminal conviction, except traffic related misdemeanors
13 other than operating a motor vehicle under the influence of a drug
14 or alcohol, within ninety (90) days after the entry of an order or
15 judgment. A certified copy of the order or judgment with a letter
16 of explanation must be submitted to the department along with the
17 written notice.
18 (b) The department of homeland security may issue an order under
19 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
20 the department of homeland security determines that a certificate
21 holder or license holder is subject to disciplinary sanctions under
22 subsection (a):
23 (1) Revocation of a certificate holder's certificate or license
24 holder's license for a period not to exceed seven (7) years.
25 (2) Suspension of a certificate holder's certificate or license
26 holder's license for a period not to exceed seven (7) years.
27 (3) Censure of a certificate holder or license holder.
28 (4) Issuance of a letter of reprimand.
29 (5) Assessment of a civil penalty against the certificate holder or
30 license holder in accordance with the following:
31 (A) The civil penalty may not exceed five hundred dollars
32 ($500) per day per violation.
33 (B) If the certificate holder or license holder fails to pay the
34 civil penalty within the time specified by the department of
35 homeland security, the department of homeland security may
36 suspend the certificate holder's certificate or license holder's
37 license without additional proceedings.
38 (6) Placement of a certificate holder or license holder on
39 probation status and requirement of the certificate holder or
40 license holder to:
41 (A) report regularly to the department of homeland security
42 upon the matters that are the basis of probation;
2024	IN 1282—LS 6532/DI 106 56
1 (B) limit practice to those areas prescribed by the department
2 of homeland security;
3 (C) continue or renew professional education approved by the
4 department of homeland security until a satisfactory degree of
5 skill has been attained in those areas that are the basis of the
6 probation; or
7 (D) perform or refrain from performing any acts, including
8 community restitution or service without compensation, that
9 the department of homeland security considers appropriate to
10 the public interest or to the rehabilitation or treatment of the
11 certificate holder or license holder.
12 The department of homeland security may withdraw or modify
13 this probation if the department of homeland security finds after
14 a hearing that the deficiency that required disciplinary action is
15 remedied or that changed circumstances warrant a modification
16 of the order.
17 (c) If an applicant or a certificate holder or license holder has
18 engaged in or knowingly cooperated in fraud or material deception to
19 obtain a certificate or license, including cheating on the certification or
20 licensure examination, the department of homeland security may
21 rescind the certificate or license if it has been granted, void the
22 examination or other fraudulent or deceptive material, and prohibit the
23 applicant from reapplying for the certificate or license for a length of
24 time established by the department of homeland security.
25 (d) The department of homeland security may deny certification or
26 licensure to an applicant who would be subject to disciplinary sanctions
27 under subsection (b) if that person were a certificate holder or license
28 holder, has had disciplinary action taken against the applicant or the
29 applicant's certificate or license to practice in another state or
30 jurisdiction, or has practiced without a certificate or license in violation
31 of the law. A certified copy of the record of disciplinary action is
32 conclusive evidence of the other jurisdiction's disciplinary action.
33 (e) The department of homeland security may order a certificate
34 holder or license holder to submit to a reasonable physical or mental
35 examination if the certificate holder's or license holder's physical or
36 mental capacity to practice safely and competently is at issue in a
37 disciplinary proceeding. Failure to comply with a department of
38 homeland security order to submit to a physical or mental examination
39 makes a certificate holder or license holder liable to temporary
40 suspension under subsection (i).
41 (f) Except as provided under subsection (a), subsection (g), and
42 section 14.5 of this chapter, a certificate or license may not be denied,
2024	IN 1282—LS 6532/DI 106 57
1 revoked, or suspended because the applicant, certificate holder, or
2 license holder has been convicted of an offense. The acts from which
3 the applicant's, certificate holder's, or license holder's conviction
4 resulted may be considered as to whether the applicant or certificate
5 holder or license holder should be entrusted to serve the public in a
6 specific capacity.
7 (g) The department of homeland security may deny, suspend, or
8 revoke a certificate or license issued under this article if the individual
9 who holds or is applying for the certificate or license is convicted of
10 any of the following:
11 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
12 (2) Possession of methamphetamine under IC 35-48-4-6.1.
13 (3) Possession of a controlled substance under IC 35-48-4-7(a).
14 (4) Fraudulently obtaining a controlled substance under
15 IC 35-48-4-7(c).
16 (5) Manufacture of paraphernalia as a Class D felony (for a crime
17 committed before July 1, 2014) or Level 6 felony (for a crime
18 committed after June 30, 2014) under IC 35-48-4-8.1(b).
19 (6) Dealing in paraphernalia as a Class D felony (for a crime
20 committed before July 1, 2014) or Level 6 felony (for a crime
21 committed after June 30, 2014) under IC 35-48-4-8.5(b).
22 (7) Possession of paraphernalia as a Class D felony (for a crime
23 committed before July 1, 2014) or Level 6 felony (for a crime
24 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
25 its amendment on July 1, 2015).
26 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
27 D felony (for a crime committed before July 1, 2014) or Level 6
28 felony (for a crime committed after June 30, 2014) under
29 IC 35-48-4-11.
30 (9) A felony offense under IC 35-48-4 involving:
31 (A) possession of a synthetic drug (as defined in
32 IC 35-31.5-2-321);
33 (B) possession of a synthetic drug lookalike substance (as
34 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
35 2019)) as a:
36 (i) Class D felony (for a crime committed before July 1,
37 2014); or
38 (ii) Level 6 felony (for a crime committed after June 30,
39 2014);
40 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
41 (C) possession of a controlled substance analog (as defined in
42 IC 35-48-1-9.3).
2024	IN 1282—LS 6532/DI 106 58
1 (10) Maintaining a common nuisance under IC 35-48-4-13
2 (repealed) or IC 35-45-1-5, if the common nuisance involves a
3 controlled substance.
4 (11) An offense relating to registration, labeling, and prescription
5 forms under IC 35-48-4-14.
6 (h) A decision of the department of homeland security under
7 subsections (b) through (g) may be appealed to the commission under
8 IC 4-21.5-3-7.
9 (i) The department of homeland security may temporarily suspend
10 a certificate holder's certificate or license holder's license under
11 IC 4-21.5-4 before a final adjudication or during the appeals process if
12 the department of homeland security finds that a certificate holder or
13 license holder would represent a clear and immediate danger to the
14 public's health, safety, or property if the certificate holder or license
15 holder were allowed to continue to practice.
16 (j) On receipt of a complaint or information alleging that a person
17 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
18 or is engaging in a practice that is subject to disciplinary sanctions
19 under this chapter, the department of homeland security must initiate
20 an investigation against the person.
21 (k) The department of homeland security shall conduct a factfinding
22 investigation as the department of homeland security considers proper
23 in relation to the complaint.
24 (l) The department of homeland security may reinstate a certificate
25 or license that has been suspended under this section if the department
26 of homeland security is satisfied that the applicant is able to practice
27 with reasonable skill, competency, and safety to the public. As a
28 condition of reinstatement, the department of homeland security may
29 impose disciplinary or corrective measures authorized under this
30 chapter.
31 (m) The department of homeland security may not reinstate a
32 certificate or license that has been revoked under this chapter.
33 (n) The department of homeland security must be consistent in the
34 application of sanctions authorized in this chapter. Significant
35 departures from prior decisions involving similar conduct must be
36 explained in the department of homeland security's findings or orders.
37 (o) A certificate holder may not surrender the certificate holder's
38 certificate, and a license holder may not surrender the license holder's
39 license, without the written approval of the department of homeland
40 security, and the department of homeland security may impose any
41 conditions appropriate to the surrender or reinstatement of a
42 surrendered certificate or license.
2024	IN 1282—LS 6532/DI 106 59
1 (p) For purposes of this section, "certificate holder" means a person
2 who holds:
3 (1) an unlimited certificate;
4 (2) a limited or probationary certificate; or
5 (3) an inactive certificate.
6 (q) For purposes of this section, "license holder" means a person
7 who holds:
8 (1) an unlimited license;
9 (2) a limited or probationary license; or
10 (3) an inactive license.
11 SECTION 12. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
12 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 14.5. The department of homeland security may
14 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
15 certification or licensure or permanently revoke a certificate or license
16 under procedures provided by section 14 of this chapter if the
17 individual who holds the certificate or license issued under this title is
18 convicted of any of the following:
19 (1) Dealing in a controlled substance resulting in death under
20 IC 35-42-1-1.5.
21 (2) Dealing in or manufacturing cocaine or a narcotic drug under
22 IC 35-48-4-1.
23 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
24 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
25 (5) Dealing in a schedule I, II, or III controlled substance under
26 IC 35-48-4-2.
27 (6) Dealing in a schedule IV controlled substance under
28 IC 35-48-4-3.
29 (7) Dealing in a schedule V controlled substance under
30 IC 35-48-4-4.
31 (8) Dealing in a substance represented to be a controlled
32 substance under IC 35-48-4-4.5 (repealed).
33 (9) Knowingly or intentionally manufacturing, advertising,
34 distributing, or possessing with intent to manufacture, advertise,
35 or distribute a substance represented to be a controlled substance
36 under IC 35-48-4-4.6.
37 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
38 (11) Dealing in marijuana, hash oil, hashish, or salvia or
39 mislabeled low THC hemp extract as a felony under
40 IC 35-48-4-10.
41 (12) An offense under IC 35-48-4 involving the manufacture or
42 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2024	IN 1282—LS 6532/DI 106 60
1 synthetic drug lookalike substance (as defined in
2 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
4 substance analog (as defined in IC 35-48-1-9.3), or a substance
5 represented to be a controlled substance (as described in
6 IC 35-48-4-4.6).
7 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
8 SECTION 13. IC 16-42-27-2, AS AMENDED BY P.L.36-2023,
9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 2. (a) A prescriber may, directly or by standing
11 order, prescribe or dispense an overdose intervention drug without
12 examining the individual to whom it may be administered if all of the
13 following conditions are met:
14 (1) The overdose intervention drug is dispensed or prescribed to:
15 (A) a person at risk of experiencing an opioid-related
16 overdose; or
17 (B) a family member, a friend, or any other individual or entity
18 in a position to assist an individual who, there is reason to
19 believe, is at risk of experiencing an opioid-related overdose.
20 (2) The prescriber instructs the individual receiving the overdose
21 intervention drug or prescription to summon emergency services
22 either immediately before or immediately after administering the
23 overdose intervention drug to an individual experiencing an
24 opioid-related overdose.
25 (3) The prescriber provides education and training on drug
26 overdose response and treatment, including the administration of
27 an overdose intervention drug.
28 (4) The prescriber provides drug addiction treatment information
29 and referrals to drug treatment programs, including programs in
30 the local area and programs that offer medication assisted
31 treatment that includes a federal Food and Drug Administration
32 approved long acting, nonaddictive medication for the treatment
33 of opioid or alcohol dependence.
34 (b) A prescriber may provide a prescription of an overdose
35 intervention drug to an individual as a part of the individual's addiction
36 treatment plan.
37 (c) An individual described in subsection (a)(1) may administer an
38 overdose intervention drug to an individual who is suffering from an
39 overdose.
40 (d) An individual described in subsection (a)(1) may not be
41 considered to be practicing medicine without a license in violation of
42 IC 25-22.5-8-2, if the individual, acting in good faith, does the
2024	IN 1282—LS 6532/DI 106 61
1 following:
2 (1) Obtains the overdose intervention drug from a prescriber or
3 entity acting under a standing order issued by a prescriber.
4 (2) Administers the overdose intervention drug to an individual
5 who is experiencing an apparent opioid-related overdose.
6 (3) Attempts to summon emergency services either immediately
7 before or immediately after administering the overdose
8 intervention drug.
9 (e) An entity acting under a standing order issued by a prescriber
10 must do the following:
11 (1) Annually register with either the:
12 (A) state department; or
13 (B) local health department in the county where services will
14 be provided by the entity;
15 in a manner prescribed by the state department.
16 (2) Provide education and training on drug overdose response and
17 treatment, including the administration of an overdose
18 intervention drug.
19 (3) Provide drug addiction treatment information and referrals to
20 drug treatment programs, including programs in the local area and
21 programs that offer medication assisted treatment that includes a
22 federal Food and Drug Administration approved long acting,
23 nonaddictive medication for the treatment of opioid or alcohol
24 dependence.
25 (4) Submit an annual report to the state department containing:
26 (A) the number of sales of the overdose intervention drug
27 dispensed;
28 (B) the dates of sale of the overdose intervention drug
29 dispensed; and
30 (C) any additional information requested by the state
31 department.
32 (f) The state department shall ensure that a statewide standing order
33 for the dispensing of an overdose intervention drug in Indiana is issued
34 under this section. The state health commissioner or a designated
35 public health authority who is a licensed prescriber may, as part of the
36 individual's official capacity, issue a statewide standing order that may
37 be used for the dispensing of an overdose intervention drug under this
38 section. A statewide standing order issued under this section must
39 allow for choice in the:
40 (1) purchasing;
41 (2) dispensing; and
42 (3) distributing;
2024	IN 1282—LS 6532/DI 106 62
1 of any formulation or dosage of a naloxone product that is approved by
2 the federal Food and Drug Administration. The immunity provided in
3 IC 34-13-3-3 applies to an individual described in this subsection.
4 (g) A law enforcement officer may not take an individual into
5 custody based solely on the commission of an offense described in
6 subsection (h), if the law enforcement officer, after making a
7 reasonable determination and considering the facts and surrounding
8 circumstances, reasonably believes that the individual:
9 (1) obtained the overdose intervention drug as described in
10 subsection (a)(1);
11 (2) complied with the provisions in subsection (d);
12 (3) administered an overdose intervention drug to an individual
13 who appeared to be experiencing an opioid-related overdose;
14 (4) provided:
15 (A) the individual's full name; and
16 (B) any other relevant information requested by the law
17 enforcement officer;
18 (5) remained at the scene with the individual who reasonably
19 appeared to be in need of medical assistance until emergency
20 medical assistance arrived;
21 (6) cooperated with emergency medical assistance personnel and
22 law enforcement officers at the scene; and
23 (7) came into contact with law enforcement because the
24 individual requested emergency medical assistance for another
25 individual who appeared to be experiencing an opioid-related
26 overdose.
27 (h) An individual who meets the criteria in subsection (g) is immune
28 from criminal prosecution for the following:
29 (1) IC 35-48-4-6 (possession of cocaine).
30 (2) IC 35-48-4-6.1 (possession of methamphetamine).
31 (3) IC 35-48-4-7 (possession of a controlled substance).
32 (4) IC 35-48-4-8.3 (possession of paraphernalia).
33 (5) IC 35-48-4-11 (possession of marijuana). salvia).
34 (6) An offense under IC 35-48-4 involving possession of a
35 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
36 controlled substance analog (as defined in IC 35-48-1-9.3), or
37 possession of a substance represented to be a controlled substance
38 (as described in IC 35-48-4-4.6).
39 SECTION 14. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
40 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 8. (a) This section applies when a prosecuting
42 attorney knows that a licensed employee of a public school or a
2024	IN 1282—LS 6532/DI 106 63
1 nonpublic school has been convicted of an offense listed in subsection
2 (c). The prosecuting attorney shall immediately give written notice of
3 the conviction to the following:
4 (1) The secretary of education.
5 (2) Except as provided in subdivision (3), the superintendent of
6 the school corporation that employs the licensed employee or the
7 equivalent authority if a nonpublic school employs the licensed
8 employee.
9 (3) The presiding officer of the governing body of the school
10 corporation that employs the licensed employee, if the convicted
11 licensed employee is the superintendent of the school corporation.
12 (b) The superintendent of a school corporation, presiding officer of
13 the governing body, or equivalent authority for a nonpublic school shall
14 immediately notify the secretary of education when the individual
15 knows that a current or former licensed employee of the public school
16 or nonpublic school has been convicted of an offense listed in
17 subsection (c), or when the governing body or equivalent authority for
18 a nonpublic school takes any final action in relation to an employee
19 who engaged in any offense listed in subsection (c).
20 (c) Except as provided in section 8.5 of this chapter, the department
21 shall permanently revoke the license of a person who is known by the
22 department to have been convicted of any of the following:
23 (1) The following felonies:
24 (A) A sex crime under IC 35-42-4 (including criminal deviate
25 conduct (IC 35-42-4-2) (before its repeal)).
26 (B) Kidnapping (IC 35-42-3-2).
27 (C) Criminal confinement (IC 35-42-3-3).
28 (D) Incest (IC 35-46-1-3).
29 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
30 35-48-4-1).
31 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
32 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
33 (H) Dealing in a schedule I, II, or III controlled substance (IC
34 35-48-4-2).
35 (I) Dealing in a schedule IV controlled substance (IC
36 35-48-4-3).
37 (J) Dealing in a schedule V controlled substance (IC
38 35-48-4-4).
39 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
40 (L) Dealing in marijuana, hash oil, hashish, or salvia or
41 mislabeled low THC hemp extract as a felony (IC
42 35-48-4-10).
2024	IN 1282—LS 6532/DI 106 64
1 (M) An offense under IC 35-48-4 involving the manufacture
2 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
3 synthetic drug lookalike substance (as defined in
4 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
5 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
6 controlled substance analog (as defined in IC 35-48-1-9.3), or
7 a substance represented to be a controlled substance (as
8 described in IC 35-48-4-4.6).
9 (N) Homicide (IC 35-42-1).
10 (O) Voluntary manslaughter (IC 35-42-1-3).
11 (P) Reckless homicide (IC 35-42-1-5).
12 (Q) Battery as any of the following:
13 (i) A Class A felony (for a crime committed before July 1,
14 2014) or a Level 2 felony (for a crime committed after June
15 30, 2014).
16 (ii) A Class B felony (for a crime committed before July 1,
17 2014) or a Level 3 felony (for a crime committed after June
18 30, 2014).
19 (iii) A Class C felony (for a crime committed before July 1,
20 2014) or a Level 5 felony (for a crime committed after June
21 30, 2014).
22 (R) Aggravated battery (IC 35-42-2-1.5).
23 (S) Robbery (IC 35-42-5-1).
24 (T) Carjacking (IC 35-42-5-2) (before its repeal).
25 (U) Arson as a Class A felony or Class B felony (for a crime
26 committed before July 1, 2014) or as a Level 2, Level 3, or
27 Level 4 felony (for a crime committed after June 30, 2014) (IC
28 35-43-1-1(a)).
29 (V) Burglary as a Class A felony or Class B felony (for a crime
30 committed before July 1, 2014) or as a Level 1, Level 2, Level
31 3, or Level 4 felony (for a crime committed after June 30,
32 2014) (IC 35-43-2-1).
33 (W) Human trafficking (IC 35-42-3.5).
34 (X) Dealing in a controlled substance resulting in death (IC
35 35-42-1-1.5).
36 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
37 this subsection.
38 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
39 in this subsection.
40 (2) Public indecency (IC 35-45-4-1) committed:
41 (A) after June 30, 2003; or
42 (B) before July 1, 2003, if the person committed the offense
2024	IN 1282—LS 6532/DI 106 65
1 by, in a public place:
2 (i) engaging in sexual intercourse or other sexual conduct
3 (as defined in IC 35-31.5-2-221.5);
4 (ii) appearing in a state of nudity with the intent to arouse
5 the sexual desires of the person or another person, or being
6 at least eighteen (18) years of age, with the intent to be seen
7 by a child less than sixteen (16) years of age; or
8 (iii) fondling the person's genitals or the genitals of another
9 person.
10 (d) The department shall permanently revoke the license of a person
11 who is known by the department to have been convicted of a federal
12 offense or an offense in another state that is comparable to a felony or
13 misdemeanor listed in subsection (c).
14 (e) A license may be suspended by the secretary of education as
15 specified in IC 20-28-7.5.
16 (f) The department shall develop a data base of information on
17 school corporation employees who have been reported to the
18 department under this section.
19 (g) Upon receipt of information from the office of judicial
20 administration in accordance with IC 33-24-6-3 concerning persons
21 convicted of an offense listed in subsection (c), the department shall:
22 (1) cross check the information received from the office of
23 judicial administration with information concerning licensed
24 teachers (as defined in IC 20-18-2-22(b)) maintained by the
25 department; and
26 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
27 convicted of an offense described in subsection (c), revoke the
28 licensed teacher's license.
29 SECTION 15. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
30 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 16. (a) A practitioner shall comply with the
32 standards established under this licensing program. A practitioner is
33 subject to the exercise of the disciplinary sanctions under subsection
34 (b) if the department finds that a practitioner has:
35 (1) engaged in or knowingly cooperated in fraud or material
36 deception in order to obtain a license to practice, including
37 cheating on a licensing examination;
38 (2) engaged in fraud or material deception in the course of
39 professional services or activities;
40 (3) advertised services or goods in a false or misleading manner;
41 (4) falsified or knowingly allowed another person to falsify
42 attendance records or certificates of completion of continuing
2024	IN 1282—LS 6532/DI 106 66
1 education courses provided under this chapter;
2 (5) been convicted of a crime that has a direct bearing on the
3 practitioner's ability to continue to practice competently;
4 (6) knowingly violated a state statute or rule or federal statute or
5 regulation regulating the profession for which the practitioner is
6 licensed;
7 (7) continued to practice although the practitioner has become
8 unfit to practice due to:
9 (A) professional incompetence;
10 (B) failure to keep abreast of current professional theory or
11 practice;
12 (C) physical or mental disability; or
13 (D) addiction to, abuse of, or severe dependency on alcohol or
14 other drugs that endanger the public by impairing a
15 practitioner's ability to practice safely;
16 (8) engaged in a course of lewd or immoral conduct in connection
17 with the delivery of services to the public;
18 (9) allowed the practitioner's name or a license issued under this
19 chapter to be used in connection with an individual or business
20 who renders services beyond the scope of that individual's or
21 business's training, experience, or competence;
22 (10) had disciplinary action taken against the practitioner or the
23 practitioner's license to practice in another state or jurisdiction on
24 grounds similar to those under this chapter;
25 (11) assisted another person in committing an act that would
26 constitute a ground for disciplinary sanction under this chapter;
27 or
28 (12) allowed a license issued by the department to be:
29 (A) used by another person; or
30 (B) displayed to the public when the license has expired, is
31 inactive, is invalid, or has been revoked or suspended.
32 For purposes of subdivision (10), a certified copy of a record of
33 disciplinary action constitutes prima facie evidence of a disciplinary
34 action in another jurisdiction.
35 (b) The department may impose one (1) or more of the following
36 sanctions if the department finds that a practitioner is subject to
37 disciplinary sanctions under subsection (a):
38 (1) Permanent revocation of a practitioner's license.
39 (2) Suspension of a practitioner's license.
40 (3) Censure of a practitioner.
41 (4) Issuance of a letter of reprimand.
42 (5) Assessment of a civil penalty against the practitioner in
2024	IN 1282—LS 6532/DI 106 67
1 accordance with the following:
2 (A) The civil penalty may not be more than one thousand
3 dollars ($1,000) for each violation listed in subsection (a),
4 except for a finding of incompetency due to a physical or
5 mental disability.
6 (B) When imposing a civil penalty, the department shall
7 consider a practitioner's ability to pay the amount assessed. If
8 the practitioner fails to pay the civil penalty within the time
9 specified by the department, the department may suspend the
10 practitioner's license without additional proceedings. However,
11 a suspension may not be imposed if the sole basis for the
12 suspension is the practitioner's inability to pay a civil penalty.
13 (6) Placement of a practitioner on probation status and
14 requirement of the practitioner to:
15 (A) report regularly to the department upon the matters that
16 are the basis of probation;
17 (B) limit practice to those areas prescribed by the department;
18 (C) continue or renew professional education approved by the
19 department until a satisfactory degree of skill has been attained
20 in those areas that are the basis of the probation; or
21 (D) perform or refrain from performing any acts, including
22 community restitution or service without compensation, that
23 the department considers appropriate to the public interest or
24 to the rehabilitation or treatment of the practitioner.
25 The department may withdraw or modify this probation if the
26 department finds after a hearing that the deficiency that required
27 disciplinary action has been remedied or that changed
28 circumstances warrant a modification of the order.
29 (c) If an applicant or a practitioner has engaged in or knowingly
30 cooperated in fraud or material deception to obtain a license to
31 practice, including cheating on the licensing examination, the
32 department may rescind the license if it has been granted, void the
33 examination or other fraudulent or deceptive material, and prohibit the
34 applicant from reapplying for the license for a length of time
35 established by the department.
36 (d) The department may deny licensure to an applicant who has had
37 disciplinary action taken against the applicant or the applicant's license
38 to practice in another state or jurisdiction or who has practiced without
39 a license in violation of the law. A certified copy of the record of
40 disciplinary action is conclusive evidence of the other jurisdiction's
41 disciplinary action.
42 (e) The department may order a practitioner to submit to a
2024	IN 1282—LS 6532/DI 106 68
1 reasonable physical or mental examination if the practitioner's physical
2 or mental capacity to practice safely and competently is at issue in a
3 disciplinary proceeding. Failure to comply with a department order to
4 submit to a physical or mental examination makes a practitioner liable
5 to temporary suspension under subsection (j).
6 (f) Except as provided under subsection (g) or (h), a license may not
7 be denied, revoked, or suspended because the applicant or holder has
8 been convicted of an offense. The acts from which the applicant's or
9 holder's conviction resulted may, however, be considered as to whether
10 the applicant or holder should be entrusted to serve the public in a
11 specific capacity.
12 (g) The department may deny, suspend, or revoke a license issued
13 under this chapter if the individual who holds the license is convicted
14 of any of the following:
15 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
16 (2) Possession of methamphetamine under IC 35-48-4-6.1.
17 (3) Possession of a controlled substance under IC 35-48-4-7(a).
18 (4) Fraudulently obtaining a controlled substance under
19 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
20 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
21 (5) Manufacture of paraphernalia as a Class D felony (for a crime
22 committed before July 1, 2014) or a Level 6 felony (for a crime
23 committed after June 30, 2014) under IC 35-48-4-8.1(b).
24 (6) Dealing in paraphernalia as a Class D felony (for a crime
25 committed before July 1, 2014) or a Level 6 felony (for a crime
26 committed after June 30, 2014) under IC 35-48-4-8.5(b).
27 (7) Possession of paraphernalia as a Class D felony (for a crime
28 committed before July 1, 2014) or a Level 6 felony (for a crime
29 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
30 its amendment on July 1, 2015).
31 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
32 D felony (for a crime committed before July 1, 2014) or a Level
33 6 felony (for a crime committed after June 30, 2014) under
34 IC 35-48-4-11.
35 (9) A felony offense under IC 35-48-4 involving possession of a
36 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
37 controlled substance analog (as defined in IC 35-48-1-9.3), or
38 possession of a synthetic drug lookalike substance (as defined in
39 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
40 (A) Class D felony for a crime committed before July 1, 2014;
41 or
42 (B) Level 6 felony for a crime committed after June 30, 2014;
2024	IN 1282—LS 6532/DI 106 69
1 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
2 (10) Maintaining a common nuisance under IC 35-48-4-13
3 (repealed) or IC 35-45-1-5, if the common nuisance involves a
4 controlled substance.
5 (11) An offense relating to registration, labeling, and prescription
6 forms under IC 35-48-4-14.
7 (h) The department shall deny, revoke, or suspend a license issued
8 under this chapter if the individual who holds the license is convicted
9 of any of the following:
10 (1) Dealing in a controlled substance resulting in death under
11 IC 35-42-1-1.5.
12 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
13 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
14 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
15 (5) Dealing in a schedule I, II, or III controlled substance under
16 IC 35-48-4-2.
17 (6) Dealing in a schedule IV controlled substance under
18 IC 35-48-4-3.
19 (7) Dealing in a schedule V controlled substance under
20 IC 35-48-4-4.
21 (8) Dealing in a substance represented to be a controlled
22 substance under IC 35-48-4-4.5 (repealed).
23 (9) Knowingly or intentionally manufacturing, advertising,
24 distributing, or possessing with intent to manufacture, advertise,
25 or distribute a substance represented to be a controlled substance
26 under IC 35-48-4-4.6.
27 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
28 (11) Dealing in marijuana, hash oil, hashish, or salvia or
29 mislabeled low THC hemp extract as a felony under
30 IC 35-48-4-10.
31 (12) An offense under IC 35-48-4 involving the manufacture or
32 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
33 synthetic drug lookalike substance (as defined in
34 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
35 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
36 substance analog (as defined in IC 35-48-1-9.3), or a substance
37 represented to be a controlled substance (as described in
38 IC 35-48-4-4.6).
39 (13) A violation of any federal or state drug law or rule related to
40 wholesale legend drug distributors licensed under IC 25-26-14.
41 (i) A decision of the department under subsections (b) through (h)
42 may be appealed to the commission under IC 4-21.5-3-7.
2024	IN 1282—LS 6532/DI 106 70
1 (j) The department may temporarily suspend a practitioner's license
2 under IC 4-21.5-4 before a final adjudication or during the appeals
3 process if the department finds that a practitioner represents a clear and
4 immediate danger to the public's health, safety, or property if the
5 practitioner is allowed to continue to practice.
6 (k) On receipt of a complaint or an information alleging that a
7 person licensed under this chapter has engaged in or is engaging in a
8 practice that jeopardizes the public health, safety, or welfare, the
9 department shall initiate an investigation against the person.
10 (l) Any complaint filed with the office of the attorney general
11 alleging a violation of this licensing program shall be referred to the
12 department for summary review and for its general information and any
13 authorized action at the time of the filing.
14 (m) The department shall conduct a fact finding investigation as the
15 department considers proper in relation to the complaint.
16 (n) The department may reinstate a license that has been suspended
17 under this section if, after a hearing, the department is satisfied that the
18 applicant is able to practice with reasonable skill, safety, and
19 competency to the public. As a condition of reinstatement, the
20 department may impose disciplinary or corrective measures authorized
21 under this chapter.
22 (o) The department may not reinstate a license that has been
23 revoked under this chapter. An individual whose license has been
24 revoked under this chapter may not apply for a new license until seven
25 (7) years after the date of revocation.
26 (p) The department shall seek to achieve consistency in the
27 application of sanctions authorized in this chapter. Significant
28 departures from prior decisions involving similar conduct must be
29 explained in the department's findings or orders.
30 (q) A practitioner may petition the department to accept the
31 surrender of the practitioner's license instead of having a hearing before
32 the commission. The practitioner may not surrender the practitioner's
33 license without the written approval of the department, and the
34 department may impose any conditions appropriate to the surrender or
35 reinstatement of a surrendered license.
36 (r) A practitioner who has been subjected to disciplinary sanctions
37 may be required by the commission to pay the costs of the proceeding.
38 The practitioner's ability to pay shall be considered when costs are
39 assessed. If the practitioner fails to pay the costs, a suspension may not
40 be imposed solely upon the practitioner's inability to pay the amount
41 assessed. The costs are limited to costs for the following:
42 (1) Court reporters.
2024	IN 1282—LS 6532/DI 106 71
1 (2) Transcripts.
2 (3) Certification of documents.
3 (4) Photo duplication.
4 (5) Witness attendance and mileage fees.
5 (6) Postage.
6 (7) Expert witnesses.
7 (8) Depositions.
8 (9) Notarizations.
9 SECTION 16. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
10 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
12 commission, or a committee may suspend, deny, or revoke a license or
13 certificate issued under this title by the board, the commission, or the
14 committee without an investigation by the office of the attorney general
15 if the individual who holds the license or certificate is convicted of any
16 of the following and the board, commission, or committee determines,
17 after the individual has appeared in person, that the offense affects the
18 individual's ability to perform the duties of the profession:
19 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
20 (2) Possession of methamphetamine under IC 35-48-4-6.1.
21 (3) Possession of a controlled substance under IC 35-48-4-7(a).
22 (4) Fraudulently obtaining a controlled substance under
23 IC 35-48-4-7(c).
24 (5) Manufacture of paraphernalia as a Class D felony (for a crime
25 committed before July 1, 2014) or a Level 6 felony (for a crime
26 committed after June 30, 2014) under IC 35-48-4-8.1(b).
27 (6) Dealing in paraphernalia as a Class D felony (for a crime
28 committed before July 1, 2014) or a Level 6 felony (for a crime
29 committed after June 30, 2014) under IC 35-48-4-8.5(b).
30 (7) Possession of paraphernalia as a Class D felony (for a crime
31 committed before July 1, 2014) or a Level 6 felony (for a crime
32 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
33 its amendment on July 1, 2015).
34 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
35 D felony (for a crime committed before July 1, 2014) or a Level
36 6 felony (for a crime committed after June 30, 2014) under
37 IC 35-48-4-11.
38 (9) A felony offense under IC 35-48-4 involving possession of a
39 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
40 controlled substance analog (as defined in IC 35-48-1-9.3), or
41 possession of a synthetic drug lookalike substance (as defined in
42 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
2024	IN 1282—LS 6532/DI 106 72
1 (A) Class D felony for a crime committed before July 1, 2014;
2 or
3 (B) Level 6 felony for a crime committed after June 30, 2014;
4 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
5 (10) Maintaining a common nuisance under IC 35-48-4-13
6 (repealed) or IC 35-45-1-5, if the common nuisance involves a
7 controlled substance.
8 (11) An offense relating to registration, labeling, and prescription
9 forms under IC 35-48-4-14.
10 (12) A sex crime under IC 35-42-4.
11 (13) A felony that reflects adversely on the individual's fitness to
12 hold a professional license.
13 SECTION 17. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
14 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 3. A board, a commission, or a committee shall
16 revoke or suspend a license or certificate issued under this title by the
17 board, the commission, or the committee if the individual who holds
18 the license or certificate is convicted of any of the following:
19 (1) Dealing in a controlled substance resulting in death under
20 IC 35-42-1-1.5.
21 (2) Dealing in or manufacturing cocaine or a narcotic drug under
22 IC 35-48-4-1.
23 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
24 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
25 (5) Dealing in a schedule I, II, or III controlled substance under
26 IC 35-48-4-2.
27 (6) Dealing in a schedule IV controlled substance under
28 IC 35-48-4-3.
29 (7) Dealing in a schedule V controlled substance under
30 IC 35-48-4-4.
31 (8) Dealing in a substance represented to be a controlled
32 substance under IC 35-48-4-4.5 (before its repeal on July 1,
33 2019).
34 (9) Knowingly or intentionally manufacturing, advertising,
35 distributing, or possessing with intent to manufacture, advertise,
36 or distribute a substance represented to be a controlled substance
37 under IC 35-48-4-4.6.
38 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
39 (11) Dealing in marijuana, hash oil, hashish, or salvia or
40 mislabeled low THC hemp extract as a felony under
41 IC 35-48-4-10.
42 (12) An offense under IC 35-48-4 involving the manufacture or
2024	IN 1282—LS 6532/DI 106 73
1 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2 synthetic drug lookalike substance (as defined in
3 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
4 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
5 substance analog (as defined in IC 35-48-1-9.3), or a substance
6 represented to be a controlled substance (as described in
7 IC 35-48-4-4.6).
8 (13) A violation of any federal or state drug law or rule related to
9 wholesale legend drug distributors licensed under IC 25-26-14.
10 SECTION 18. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 1. (a) The following may be seized:
13 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
14 or are intended for use by the person or persons in possession of
15 them to transport or in any manner to facilitate the transportation
16 of the following:
17 (A) A controlled substance for the purpose of committing,
18 attempting to commit, or conspiring to commit any of the
19 following:
20 (i) Dealing in or manufacturing cocaine or a narcotic drug
21 (IC 35-48-4-1).
22 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
23 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
24 (iv) Dealing in a schedule I, II, or III controlled substance
25 (IC 35-48-4-2).
26 (v) Dealing in a schedule IV controlled substance (IC
27 35-48-4-3).
28 (vi) Dealing in a schedule V controlled substance (IC
29 35-48-4-4).
30 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
31 (viii) Possession of cocaine or a narcotic drug (IC
32 35-48-4-6).
33 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
34 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
35 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
36 mislabeled low THC hemp extract (IC 35-48-4-10).
37 (xii) An offense under IC 35-48-4 involving a synthetic drug
38 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
39 substance (as defined in IC 35-31.5-2-321.5 (before its
40 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
41 repeal on July 1, 2019), a controlled substance analog (as
42 defined in IC 35-48-1-9.3), or a substance represented to be
2024	IN 1282—LS 6532/DI 106 74
1 a controlled substance (as described in IC 35-48-4-4.6).
2 (xiii) A violation of IC 7.1-8.
3 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
4 property (IC 35-43-4-3) if the retail or repurchase value of that
5 property is one hundred dollars ($100) or more.
6 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
7 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
8 mass destruction (as defined in IC 35-31.5-2-354) used to
9 commit, used in an attempt to commit, or used in a conspiracy
10 to commit a felony terrorist offense (as defined in
11 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
12 furtherance of an act of terrorism (as defined by
13 IC 35-31.5-2-329).
14 (2) All money, negotiable instruments, securities, weapons,
15 communications devices, or any property used to commit, used in
16 an attempt to commit, or used in a conspiracy to commit a felony
17 terrorist offense (as defined in IC 35-50-2-18) or an offense under
18 IC 35-47 as part of or in furtherance of an act of terrorism or
19 commonly used as consideration for a violation of IC 35-48-4
20 (other than items subject to forfeiture under IC 16-42-20-5 or
21 IC 16-6-8.5-5.1, before its repeal):
22 (A) furnished or intended to be furnished by any person in
23 exchange for an act that is in violation of a criminal statute;
24 (B) used to facilitate any violation of a criminal statute; or
25 (C) traceable as proceeds of the violation of a criminal statute.
26 (3) Any portion of real or personal property purchased with
27 money that is traceable as a proceed of a violation of a criminal
28 statute.
29 (4) A vehicle that is used by a person to:
30 (A) commit, attempt to commit, or conspire to commit;
31 (B) facilitate the commission of; or
32 (C) escape from the commission of;
33 murder (IC 35-42-1-1), dealing in a controlled substance resulting
34 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
35 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
36 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
37 under IC 35-47 as part of or in furtherance of an act of terrorism.
38 (5) Real property owned by a person who uses it to commit any of
39 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
40 felony:
41 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
42 35-48-4-1).
2024	IN 1282—LS 6532/DI 106 75
1 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
2 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
3 (D) Dealing in a schedule I, II, or III controlled substance (IC
4 35-48-4-2).
5 (E) Dealing in a schedule IV controlled substance (IC
6 35-48-4-3).
7 (F) Dealing in marijuana, hash oil, hashish, or salvia or
8 mislabeled low THC hemp extract (IC 35-48-4-10).
9 (G) Dealing in a synthetic drug (as defined in
10 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
11 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
12 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
13 2019).
14 (H) Dealing in a controlled substance resulting in death (IC
15 35-42-1-1.5).
16 (6) Equipment and recordings used by a person to commit fraud
17 under IC 35-43-5.
18 (7) Recordings sold, rented, transported, or possessed by a person
19 in violation of IC 24-4-10.
20 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
21 defined by IC 35-45-6-1) that is the object of a corrupt business
22 influence violation (IC 35-45-6-2).
23 (9) Unlawful telecommunications devices (as defined in
24 IC 35-45-13-6) and plans, instructions, or publications used to
25 commit an offense under IC 35-45-13.
26 (10) Any equipment, including computer equipment and cellular
27 telephones, used for or intended for use in preparing,
28 photographing, recording, videotaping, digitizing, printing,
29 copying, or disseminating matter in violation of IC 35-42-4.
30 (11) Destructive devices used, possessed, transported, or sold in
31 violation of IC 35-47.5.
32 (12) Tobacco products that are sold in violation of IC 24-3-5,
33 tobacco products that a person attempts to sell in violation of
34 IC 24-3-5, and other personal property owned and used by a
35 person to facilitate a violation of IC 24-3-5.
36 (13) Property used by a person to commit counterfeiting or
37 forgery in violation of IC 35-43-5-2.
38 (14) After December 31, 2005, if a person is convicted of an
39 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
40 following real or personal property:
41 (A) Property used or intended to be used to commit, facilitate,
42 or promote the commission of the offense.
2024	IN 1282—LS 6532/DI 106 76
1 (B) Property constituting, derived from, or traceable to the
2 gross proceeds that the person obtained directly or indirectly
3 as a result of the offense.
4 (15) Except as provided in subsection (e), a vehicle used by a
5 person who operates the vehicle:
6 (A) while intoxicated, in violation of IC 9-30-5-1 through
7 IC 9-30-5-5, if in the previous five (5) years the person has two
8 (2) or more prior unrelated convictions for operating a motor
9 vehicle while intoxicated in violation of IC 9-30-5-1 through
10 IC 9-30-5-5; or
11 (B) on a highway while the person's driving privileges are
12 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
13 if in the previous five (5) years the person has two (2) or more
14 prior unrelated convictions for operating a vehicle while
15 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
16 If a court orders the seizure of a vehicle under this subdivision,
17 the court shall transmit an order to the bureau of motor vehicles
18 recommending that the bureau not permit a vehicle to be
19 registered in the name of the person whose vehicle was seized
20 until the person possesses a current driving license (as defined in
21 IC 9-13-2-41).
22 (16) Cannabis and cannabis products grown, processed, sold,
23 or offered for sale in violation of IC 7.1-8.
24 (16) (17) The following real or personal property:
25 (A) Property used or intended to be used to commit, facilitate,
26 or promote the commission of an offense specified in
27 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
28 IC 30-2-13-38(f).
29 (B) Property constituting, derived from, or traceable to the
30 gross proceeds that a person obtains directly or indirectly as a
31 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
32 IC 30-2-10-9(b), or IC 30-2-13-38(f).
33 (17) (18) Real or personal property, including a vehicle, that is
34 used by a person to:
35 (A) commit, attempt to commit, or conspire to commit;
36 (B) facilitate the commission of; or
37 (C) escape from the commission of;
38 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
39 trafficking) or IC 35-45-4-4 (promoting prostitution).
40 (b) A vehicle used by any person as a common or contract carrier in
41 the transaction of business as a common or contract carrier is not
42 subject to seizure under this section, unless it can be proven by a
2024	IN 1282—LS 6532/DI 106 77
1 preponderance of the evidence that the owner of the vehicle knowingly
2 permitted the vehicle to be used to engage in conduct that subjects it to
3 seizure under subsection (a).
4 (c) Equipment under subsection (a)(10) may not be seized unless it
5 can be proven by a preponderance of the evidence that the owner of the
6 equipment knowingly permitted the equipment to be used to engage in
7 conduct that subjects it to seizure under subsection (a)(10).
8 (d) Money, negotiable instruments, securities, weapons,
9 communications devices, or any property commonly used as
10 consideration for a violation of IC 35-48-4 found near or on a person
11 who is committing, attempting to commit, or conspiring to commit any
12 of the following offenses shall be admitted into evidence in an action
13 under this chapter as prima facie evidence that the money, negotiable
14 instrument, security, or other thing of value is property that has been
15 used or was to have been used to facilitate the violation of a criminal
16 statute or is the proceeds of the violation of a criminal statute:
17 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
18 death).
19 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
20 narcotic drug).
21 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
22 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
23 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
24 substance).
25 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
26 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
27 as a Level 4 felony.
28 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
29 Level 3, Level 4, or Level 5 felony.
30 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
31 3, Level 4, or Level 5 felony.
32 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
33 salvia or mislabeled low THC hemp extract) as a Level 5
34 felony.
35 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
36 in a synthetic drug or synthetic drug lookalike substance) as a
37 Level 5 felony or Level 6 felony (or as a Class C felony or Class
38 D felony under IC 35-48-4-10 before its amendment in 2013).
39 (e) A vehicle operated by a person who is not:
40 (1) an owner of the vehicle; or
41 (2) the spouse of the person who owns the vehicle;
42 is not subject to seizure under subsection (a)(15) unless it can be
2024	IN 1282—LS 6532/DI 106 78
1 proven by a preponderance of the evidence that the owner of the
2 vehicle knowingly permitted the vehicle to be used to engage in
3 conduct that subjects it to seizure under subsection (a)(15).
4 SECTION 19. IC 34-30-2.1-73.5 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2024]: Sec. 73.5. IC 7.1-8-7-16 (Concerning
7 acts and omissions of the members of the cannabis commission and
8 their officers and employees).
9 SECTION 20. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
10 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 185. (a) "Law enforcement officer" means:
12 (1) a police officer (including a tribal police officer, a correctional
13 police officer, and a hospital police officer employed by a hospital
14 police department established under IC 16-18-4), sheriff,
15 constable, marshal, prosecuting attorney, special prosecuting
16 attorney, special deputy prosecuting attorney, the securities
17 commissioner, or the inspector general;
18 (2) a deputy of any of those persons;
19 (3) an investigator for a prosecuting attorney or for the inspector
20 general;
21 (4) a conservation officer;
22 (5) an enforcement officer of the alcohol and tobacco commission
23 or of the cannabis commission;
24 (6) an enforcement officer of the securities division of the office
25 of the secretary of state; or
26 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
27 control officer employed by the gaming control division under
28 IC 4-33-20.
29 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
30 includes an alcoholic beverage enforcement officer, as set forth in
31 IC 35-42-2-1.
32 (c) "Law enforcement officer", for purposes of IC 35-45-15,
33 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
34 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
35 IC 35-44.1-3-2, includes a school resource officer (as defined in
36 IC 20-26-18.2-1) and a school corporation police officer appointed
37 under IC 20-26-16.
38 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
39 meaning set forth in IC 35-40.5-1-1.
40 SECTION 21. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
41 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 1. (a) The definitions in this section apply
2024	IN 1282—LS 6532/DI 106 79
1 throughout this chapter.
2 (b) "Documentary material" means any document, drawing,
3 photograph, recording, or other tangible item containing compiled data
4 from which information can be either obtained or translated into a
5 usable form.
6 (c) "Enterprise" means:
7 (1) a sole proprietorship, corporation, limited liability company,
8 partnership, business trust, or governmental entity; or
9 (2) a union, an association, or a group, whether a legal entity or
10 merely associated in fact.
11 (d) "Pattern of racketeering activity" means engaging in at least two
12 (2) incidents of racketeering activity that have the same or similar
13 intent, result, accomplice, victim, or method of commission, or that are
14 otherwise interrelated by distinguishing characteristics that are not
15 isolated incidents. However, the incidents are a pattern of racketeering
16 activity only if at least one (1) of the incidents occurred after August
17 31, 1980, and if the last of the incidents occurred within five (5) years
18 after a prior incident of racketeering activity.
19 (e) "Racketeering activity" means to commit, to attempt to commit,
20 to conspire to commit a violation of, or aiding and abetting in a
21 violation of any of the following:
22 (1) A provision of IC 23-19, or of a rule or order issued under
23 IC 23-19.
24 (2) A violation of IC 35-45-9.
25 (3) A violation of IC 35-47.
26 (4) A violation of IC 35-49-3.
27 (5) Murder (IC 35-42-1-1).
28 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
29 felony after June 30, 2014 (IC 35-42-2-1).
30 (7) Kidnapping (IC 35-42-3-2).
31 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
32 (9) Child exploitation (IC 35-42-4-4).
33 (10) Robbery (IC 35-42-5-1).
34 (11) Carjacking (IC 35-42-5-2) (before its repeal).
35 (12) Arson (IC 35-43-1-1).
36 (13) Burglary (IC 35-43-2-1).
37 (14) Theft (IC 35-43-4-2).
38 (15) Receiving stolen property (IC 35-43-4-2) (before its
39 amendment on July 1, 2018).
40 (16) Forgery (IC 35-43-5-2).
41 (17) An offense under IC 35-43-5.
42 (18) Bribery (IC 35-44.1-1-2).
2024	IN 1282—LS 6532/DI 106 80
1 (19) Official misconduct (IC 35-44.1-1-1).
2 (20) Conflict of interest (IC 35-44.1-1-4).
3 (21) Perjury (IC 35-44.1-2-1).
4 (22) Obstruction of justice (IC 35-44.1-2-2).
5 (23) Intimidation (IC 35-45-2-1).
6 (24) Promoting prostitution (IC 35-45-4-4).
7 (25) Professional gambling (IC 35-45-5-3).
8 (26) Maintaining a professional gambling site (IC
9 35-45-5-3.5(b)).
10 (27) Promoting professional gambling (IC 35-45-5-4).
11 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
12 35-48-4-1).
13 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
14 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
15 (31) Dealing in a schedule I, II, or III controlled substance (IC
16 35-48-4-2).
17 (32) Dealing in a schedule IV controlled substance (IC
18 35-48-4-3).
19 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
20 (34) Dealing in marijuana, hash oil, hashish, or salvia or
21 mislabeled low THC hemp extract (IC 35-48-4-10).
22 (35) Money laundering (IC 35-45-15-5).
23 (36) A violation of IC 35-47.5-5.
24 (37) A violation of any of the following:
25 (A) IC 23-14-48-9.
26 (B) IC 30-2-9-7(b).
27 (C) IC 30-2-10-9(b).
28 (D) IC 30-2-13-38(f).
29 (38) Practice of law by a person who is not an attorney (IC
30 33-43-2-1).
31 (39) An offense listed in IC 35-48-4 involving the manufacture or
32 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
33 synthetic drug lookalike substance (as defined in
34 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
35 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
36 substance analog (as defined in IC 35-48-1-9.3), or a substance
37 represented to be a controlled substance (as described in
38 IC 35-48-4-4.6).
39 (40) Dealing in a controlled substance resulting in death (IC
40 35-42-1-1.5).
41 (41) Organized retail theft (IC 35-43-4-2.2).
42 SECTION 22. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
2024	IN 1282—LS 6532/DI 106 81
1 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (b) and
3 (c), a person who operates a motorboat while:
4 (1) having an alcohol concentration equivalent (as defined in
5 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
6 per:
7 (A) one hundred (100) milliliters of the person's blood; or
8 (B) two hundred ten (210) liters of the person's breath;
9 (2) having a controlled substance listed in schedule I or II of
10 IC 35-48-2 or its metabolite in the person's body; or
11 (3) intoxicated;
12 commits a Class C misdemeanor.
13 (b) The offense is a Level 6 felony if:
14 (1) the person has a previous conviction under:
15 (A) IC 14-1-5 (repealed);
16 (B) IC 14-15-8-8 (repealed); or
17 (C) this chapter; or
18 (2) the offense results in serious bodily injury to another person.
19 (c) The offense is a Level 5 felony if the offense results in the death
20 or catastrophic injury of another person.
21 (d) It is a defense to a prosecution under subsection (a)(2) that:
22 (1) the accused person consumed the controlled substance in
23 accordance with a valid prescription or order of a practitioner (as
24 defined in IC 35-48-1-24) who acted in the course of the
25 practitioner's professional practice; or
26 (2) the:
27 (A) controlled substance is marijuana or a metabolite of
28 marijuana; and
29 (B) person was not intoxicated.
30 SECTION 23. IC 35-48-2-4, AS AMENDED BY P.L.48-2023,
31 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 4. (a) The controlled substances listed in this
33 section are included in schedule I.
34 (b) Opiates. Any of the following opiates, including their isomers,
35 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
36 specifically excepted by rule of the board or unless listed in another
37 schedule, whenever the existence of these isomers, esters, ethers, and
38 salts is possible within the specific chemical designation:
39 4-fluoroisobutyryl fentanyl
40 Acetyl-alpha-methylfentanyl
41 (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide)
42 (9815)
2024	IN 1282—LS 6532/DI 106 82
1 Acetyl fentanyl (Other names include:
2 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
3 Acetylmethadol (9601)
4 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
5 N-phenylacrylamide
6 Allylprodine (9602)
7 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
8 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
9 Alphacetylmethadol (9603)
10 Alphameprodine (9604)
11 Alphamethadol (9605)
12 Alphamethylfentanyl (9814)
13 Benzethidine (9606)
14 Beta-hydroxy-3-methylfentanyl (9831). Other name:
15 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
16 ]-N-phenylpropanamide
17 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
18 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
19 Betacetylmethadol (9607)
20 Betameprodine (9608)
21 Betamethadol (9609)
22 Betaprodine (9611)
23 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1yl)-N,N-dieth
24 ylethan-1-amine (butonitazene); other name: butoxynitazene
25 Clonitazene (9612)
26 Cyclopentyl fentanyl. Other name:
27 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
28 Dextromoramide (9613)
29 Diampromide (9615)
30 Diethylthiambutene (9616)
31 N,N-diethyl-2-(2-(4-flourobenzyl)-5-nitro-1H-benzimidazol-1-y
32 l)ethan-1-amine (flunitazene)
33 N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)eth
34 an-1-amine (metodesnitazene)
35 N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-
36 1-yl)ethan-1-amine (metonitazene)
37 N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-
38 1-yl)ethan-1-amine (protonitazene); other name: pronitazene
39 Difenoxin (9168)
40 Dimenoxadol (9617)
41 Dimepheptanol (9618)
42 Dimethylthiambutene (9619)
2024	IN 1282—LS 6532/DI 106 83
1 Dioxaphetyl butyrate (9621)
2 D i p i p a n o n e
3 (9622)2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1yl)-N,N-diethy
4 lethan-1-amine (etodesnitazene; etazene)
5 2-(4-ethnoxybenzyl)5-nitro-1(2-(pyrorolidin-1-yl)ethyl)-1H-ben
6 zimidazol (N-pyrrolidino etonizatene; etonitazepyne)
7 Ethylmethylthiambutene (9623)
8 Etonitazene (9624)
9 Etoxeridine (9625)
10 Fentanyl related substances.
11 Furanyl fentanyl.
12 Furethidine (9626)
13 Hydroxypethidine (9627)
14 Isobutyryl fentanyl. Other name:
15 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
16 Isotonitazene. Other name: N,N-diethyl-2-
17 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
18 1-yl)ethan-1-amine)
19 Ketobemidone (9628)
20 Levomoramide (9629)
21 Levophenacylmorphan (9631)
22 Methoxyacetyl fentanyl. Other name:
23 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
24 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
25 piperidyl]-N-phenyl-propanimide](9813)
26 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
27 piperidinyl]-N-phenylpropanamide) (9833)
28 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
29 Morpheridine (9632)
30 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
31 including any isomers, salts, or salts of isomers (9818)
32 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
33 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
34 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
35 (beta-hydroxythiofentanyl)
36 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
37 (para-chloroisobutyryl fentanyl)
38 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
39 acetamide (ocfentanil)
40 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
41 (para-fluorobutyryl fentanyl)
42 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
2024	IN 1282—LS 6532/DI 106 84
1 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
2 fentanyl)
3 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
4 fentanyl)
5 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
6 (para-methoxybutyryl fentanyl)
7 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
8 (thenylfentanyl), including any isomers, salts, or salts of isomers
9 (9834)N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
10 (isobutyryl fentanyl)
11 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
12 (cyclopentyl fentanyl)
13 Noracymethadol (9633)
14 Norlevorphanol (9634)
15 Normethadone (9635)
16 Norpipanone (9636)
17 Ocfentanil. Other name:
18 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
19 acetamide
20 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
21 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
22 Para-chloroisobutyryl fentanyl. Other name:
23 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
24 Para-fluorobutyryl fentanyl. Other name:
25 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
26 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
27 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
28 Para-methoxybutyryl fentanyl. Other name:
29 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
30 Phenadoxone (9637)
31 Phenampromide (9638)
32 Phenomorphan (9647)
33 Phenoperidine (9641)
34 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
35 Piritramide (9642)
36 Proheptazine (9643)
37 Properidine (9644)
38 Propiram (9649)
39 Racemoramide (9645)
40 Tetrahydrofuranyl fentanyl. Other name:
41 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
42 oxamide
2024	IN 1282—LS 6532/DI 106 85
1 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
2 piperidinyl]-propanamide) (9835)
3 Tianeptine (7-[(3-chloro-6-methyl-5,5-dioxo-11H-benzo[c]
4 [2,1]benzothiazepin-11-yl)amino]heptanoic acid)
5 Tilidine (9750)
6 Trimeperidine (9646)
7 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
8 N-methyl- benzamide)
9 Valeryl fentanyl. Other name:
10 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
11 Zipeprol (1-methoxy-3- [4-(2-methoxy-2-phenylethyl) piperazin-
12 1-yl]- 1- phenylpropan- 2-ol)
13 (c) Opium derivatives. Any of the following opium derivatives, their
14 salts, isomers, and salts of isomers, unless specifically excepted by rule
15 of the board or unless listed in another schedule, whenever the
16 existence of these salts, isomers, and salts of isomers is possible within
17 the specific chemical designation:
18 Acetorphine (9319)
19 Acetyldihydrocodeine (9051)
20 Benzylmorphine (9052)
21 Codeine methylbromide (9070)
22 Codeine-N-Oxide (9053)
23 Cyprenorphine (9054)
24 Desomorphine (9055)
25 Dihydromorphine (9145)
26 Drotebanol (9335)
27 Etorphine (except hydrochloride salt) (9056)
28 Heroin (9200)
29 Hydromorphinol (9301)
30 Methyldesorphine (9302)
31 Methyldihydromorphine (9304)
32 Morphine methylbromide (9305)
33 Morphine methylsulfonate (9306)
34 Morphine-N-Oxide (9307)
35 Myrophine (9308)
36 Nicocodeine (9309)
37 Nicomorphine (9312)
38 Normorphine (9313)
39 Pholcodine (9314)
40 Thebacon (9315)
41 (d) Hallucinogenic substances. Unless specifically excepted or
42 unless listed in another schedule, any material, compound, mixture, or
2024	IN 1282—LS 6532/DI 106 86
1 preparation which contains any quantity of the following
2 hallucinogenic, psychedelic, or psychogenic substances, their salts,
3 isomers, and salts of isomers whenever the existence of these salts,
4 isomers, and salts of isomers is possible within the specific chemical
5 designation (for purposes of this subsection only, the term "isomer"
6 includes the optical, position, and geometric isomers):
7 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
8 TCPy.
9 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
10 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
11 4-Bromo-2, 5-DMA.
12 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
13 or other names:
14 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
15 alpha-desmethyl DOB; 2C-B, Nexus.
16 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
17 DOET.
18 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
19 Other name: 2C-T-7.
20 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
21 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
22 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
23 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
24 PMA.
25 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
26 Name: MMDA.
27 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
28 isomers, salts, or salts of isomers (7439). Other name:
29 5-MeO-DIPT.
30 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
31 and other names: 4-methyl-2,
32 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
33 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
34 MDA.
35 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
36 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
37 phenethylamine; N-ethyl MDA; MDE; and MDEA.
38 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
39 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
40 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
41 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
42 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
2024	IN 1282—LS 6532/DI 106 87
1 (16) Alpha-methyltryptamine (7432). Other name: AMT.
2 (17) Bufotenine (7433). Some trade and other names:
3 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
4 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
5 5-hydroxy-N, N-dimethyltryptamine; mappine.
6 (18) Diethyltryptamine (7434). Some trade or other names: N,
7 N-Diethyltryptamine; DET.
8 (19) Dimethyltryptamine (7435). Some trade or other names:
9 DMT.
10 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
11 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
12 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
13 (21) Lysergic acid diethylamide (7315). Other name: LSD.
14 (22) Marijuana (7360).
15 (23) (22) Mescaline (7381).
16 (24) (23) Methoxetamine[2-(ethylamino)-2-(3-methoxyphenyl)
17 cyclohexan-1-one or 2-(3-methoxyphenyl)-2-(ethylamino)-
18 cyclohexanone].
19 (25) (24) Parahexyl (7374). Some trade or other names:
20 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
21 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
22 (26) (25) Peyote (7415), including:
23 (A) all parts of the plant that are classified botanically as
24 lophophora williamsii lemaire, whether growing or not;
25 (B) the seeds thereof;
26 (C) any extract from any part of the plant; and
27 (D) every compound, manufacture, salt, derivative, mixture, or
28 preparation of the plant, its seeds, or extracts.
29 (27) (26) N-ethyl-3-piperidyl benzilate (7482). Other name:
30 DMZ.
31 (28) (27) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
32 Other names: N-hydroxy-alpha-methyl-3,4
33 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
34 (29) (28) N-methyl-3-piperidyl benzilate (7484). Other name:
35 LBJ.
36 (30) (29) Psilocybin (7437).
37 (31) (30) Psilocyn (7438).
38 (32) (31) Tetrahydrocannabinols (7370), including synthetic
39 equivalents of the substances contained in the plant, or in the
40 resinous extractives of Cannabis, sp. and synthetic substances,
41 derivatives, and their isomers with similar chemical structure and
42 pharmacological activity such as:
2024	IN 1282—LS 6532/DI 106 88
1 (A) ð
1
 cis or trans tetrahydrocannabinol, and their optical
2 isomers;
3 (B) ð
6
 cis or trans tetrahydrocannabinol, and their optical
4 isomers; and
5 (C) ð
3,
4 cis or trans tetrahydrocannabinol, and their optical
6 isomers.
7 Since nomenclature of these substances is not internationally
8 standardized, compounds of these structures, regardless of
9 numerical designation of atomic positions are covered. Other
10 name: THC.
11 (33) (32) Ethylamine analog of phencyclidine (7455). Some trade
12 or other names: N-Ethyl-1-phenylcyclohexylamine;
13 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
14 ethylamine; cyclohexamine; PCE.
15 (34) (33) Pyrrolidine analog of phencyclidine (7458). Some trade
16 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
y; PHP.
17 (35) (34) Thiophene analog of phencyclidine (7470). Some trade
18 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
19 Analog of Phencyclidine; TPCP.
20 (36) (35) Salvia divinorum or salvinorin A, including:
21 (A) all parts of the plant that are classified botanically as salvia
22 divinorum, whether growing or not;
23 (B) the seeds of the plant;
24 (C) any extract from any part of the plant; and
25 (D) every compound, manufacture, salt, derivative, mixture, or
26 preparation of the plant, its seeds, or extracts.
27 (37) (36) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
28 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
29 5-MeO-DMT.
30 (38) (37) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
31 (39) (38) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
32 (40) (39) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
33 (41) (40) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
34 (42) (41) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
35 (2C-T-2).
36 (43) (42) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
37 (2C-T-4).
38 (44) (43) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
39 (45) (44) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
40 (46) (45) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
41 (2C-P).
42 (47) (46) Deschloroketamine (2-Phenyl-2-
2024	IN 1282—LS 6532/DI 106 89
1 (methylamino)cyclohexanone).
2 (48) (47) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
3 ethyltryptamine).
4 (49) (48) N-methyltryptamine (1H-Indole-3-ethanamine,
5 N-methyl-).
6 (e) Depressants. Unless specifically excepted in a rule adopted by
7 the board or unless listed in another schedule, any material, compound,
8 mixture, or preparation which contains any quantity of the following
9 substances having a depressant effect on the central nervous system,
10 including its salts, isomers, and salts of isomers whenever the existence
11 of such salts, isomers, and salts of isomers is possible within the
12 specific chemical designation:
13 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
14 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
15 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
16 Pasaden)
17 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
18 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
19 Gamma-hydroxybutyric acid (other names include GHB;
20 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
21 oxybate; sodium oxybutyrate) (2010)
22 Mecloqualone (2572)
23 Methaqualone (2565)
24 (f) Stimulants. Unless specifically excepted or unless listed in
25 another schedule, any material, compound, mixture, or preparation that
26 contains any quantity of the following substances having a stimulant
27 effect on the central nervous system, including its salts, isomers, and
28 salts of isomers:
29 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
30 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
31 Amineptine (7-[(10,11-dihydro-5H- dibenzo[a,d]cyclohepten- 5-
32 yl)amino] heptanoic acid).
33 Aminorex (1585). Other names: aminoxaphen;
34 2-amino-5-phenyl-2-oxazoline; or
35 4,5-dihydro-5-phenyl-2-oxazolamine.
36 4,4'-Dimethylaminorex (4,4'-DMAR; 4,5-dihydro- 4-methyl-5-(4-
37 methylphenyl)- 2- oxazolamine; 4-methyl-5- (4-methylphenyl)-
38 4,5-dihydro-1,3-oxazol- 2-amine).
39 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
40 -1-one. Synonyms: BMDP, N-benzyl methylone,
41 3,4-Methylenedioxy-Nbenzylcathinone,
42 N-benzyl-3,4-methylenedioxycathinone.
2024	IN 1282—LS 6532/DI 106 90
1 Cathinone (1235). Some trade or other names:
2 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
3 2-aminopropiophenone; and norephedrone.
4 Fenethylline (1503).
5 N-Benzylpiperazine (7493). Other names: BZP; and
6 1-benzylpiperazine.
7 N-ethylamphetamine (1475).
8 Mesocarb (N-phenyl-N-(3-(1-
9 phenylpropan-2-yl)-1,2,3-oxadiazol-3- ium-5yl)carbamimidate).
10 Methcathinone (1237). Some other trade names:
11 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
12 Monomethylpropion; UR 1431.
13 N, N-dimethylamphetamine (1480). Other names: N,
14 N-alpha-trimethyl-benzeneethanamine; and N,
15 N-alpha-trimethylphenethylamine.
16 N-methyl-1- (thiophen-2-yl) propan-2- amine (methiopropamine).
17 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
18 SECTION 24. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
19 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 8.5. (a) A person who keeps for sale, offers for
21 sale, delivers, or finances the delivery of a raw material, an instrument,
22 a device, or other object that is intended to be or that is designed or
23 marketed to be used primarily for:
24 (1) ingesting, inhaling, or otherwise introducing into the human
25 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
26 controlled substance;
27 (2) testing the strength, effectiveness, or purity of marijuana, hash
28 oil, hashish, salvia, a synthetic drug, or a controlled substance;
29 (3) enhancing the effect of a controlled substance;
30 (4) manufacturing, compounding, converting, producing,
31 processing, or preparing marijuana, hash oil, hashish, salvia, a
32 synthetic drug, or a controlled substance;
33 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
34 synthetic drug, or a controlled substance by individuals; or
35 (6) any purpose announced or described by the seller that is in
36 violation of this chapter;
37 commits a Class A infraction for dealing in paraphernalia.
38 (b) A person who knowingly or intentionally violates subsection (a)
39 commits a Class A misdemeanor. However, the offense is a Level 6
40 felony if the person has a prior unrelated judgment or conviction under
41 this section.
42 (c) This section does not apply to the following:
2024	IN 1282—LS 6532/DI 106 91
1 (1) Items marketed for use in the preparation, compounding,
2 packaging, labeling, or other use of marijuana, hash oil, hashish,
3 salvia, a synthetic drug, or a controlled substance as an incident
4 to lawful research, teaching, or chemical analysis and not for sale.
5 (2) Items marketed for or historically and customarily used in
6 connection with the planting, propagating, cultivating, growing,
7 harvesting, manufacturing, compounding, converting, producing,
8 processing, preparing, testing, analyzing, packaging, repackaging,
9 storing, containing, concealing, injecting, ingesting, or inhaling
10 of tobacco or any other lawful substance.
11 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
12 a syringe or needle as part of a program under IC 16-41-7.5.
13 (4) Any entity or person that provides funding to a qualified entity
14 (as defined in IC 16-41-7.5-3) to operate a program described in
15 IC 16-41-7.5.
16 SECTION 25. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
17 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 10. (a) A person who:
19 (1) knowingly or intentionally:
20 (A) manufactures;
21 (B) finances the manufacture of;
22 (C) delivers; or
23 (D) finances the delivery of;
24 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
25 (2) possesses, with intent to:
26 (A) manufacture;
27 (B) finance the manufacture of;
28 (C) deliver; or
29 (D) finance the delivery of;
30 marijuana, hash oil, hashish, or salvia, pure or adulterated;
31 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
32 misdemeanor, except as provided in subsections (b) through (d).
33 (b) A person may be convicted of an offense under subsection (a)(2)
34 only if:
35 (1) there is evidence in addition to the weight of the drug that the
36 person intended to manufacture, finance the manufacture of,
37 deliver, or finance the delivery of the drug; or
38 (2) the amount of the drug involved is at least
39 (A) ten (10) pounds, if the drug is marijuana; or
40 (B) three hundred (300) grams, if the drug is hash oil, hashish,
41 or salvia.
42 (c) The offense is a Level 6 felony if:
2024	IN 1282—LS 6532/DI 106 92
1 (1) the person has a prior conviction for a drug offense and the
2 amount of the drug involved is
3 (A) less than thirty (30) grams of marijuana; or
4 (B) less than five (5) grams of hash oil, hashish, or salvia; or
5 (2) the amount of the drug involved is
6 (A) at least thirty (30) grams but less than ten (10) pounds of
7 marijuana; or
8 (B) at least five (5) grams but less than three hundred (300)
9 grams of hash oil, hashish, or salvia.
10 (d) The offense is a Level 5 felony if:
11 (1) the person has a prior conviction for a drug dealing offense
12 and the amount of the drug involved is
13 (A) at least thirty (30) grams but less than ten (10) pounds of
14 marijuana; or
15 (B) at least five (5) grams but less than three hundred (300)
16 grams of hash oil, hashish, or salvia; or
17 (2) the:
18 (A) amount of the drug involved is
19 (i) at least ten (10) pounds of marijuana; or
20 (ii) at least three hundred (300) grams of hash oil, hashish,
21 or salvia; or
22 (B) offense involved a sale to a minor. or
23 (3) the:
24 (A) person is a retailer;
25 (B) marijuana, hash oil, hashish, or salvia is packaged in a
26 manner that appears to be low THC hemp extract; and
27 (C) person knew or reasonably should have known that the
28 product was marijuana, hash oil, hashish, or salvia.
29 (e) A retailer who:
30 (1) knowingly or intentionally:
31 (A) manufactures;
32 (B) finances the manufacture of;
33 (C) delivers; or
34 (D) finances the delivery of;
35 marijuana, hash oil, hashish, or salvia, pure or adulterated,
36 that is packaged in a manner that appears to be low THC
37 hemp extract; or
38 (2) possesses, with intent to:
39 (A) manufacture;
40 (B) finance the manufacture of;
41 (C) deliver; or
42 (D) finance the delivery of;
2024	IN 1282—LS 6532/DI 106 93
1 marijuana, hash oil, hashish, or salvia, pure or adulterated,
2 that is packaged in a manner that appears to be low THC
3 hemp extract;
4 commits dealing in mislabeled low THC hemp extract, a Level 5
5 felony, if the retailer knew or reasonably should have known that
6 the product was marijuana, hash oil, hashish, or salvia.
7 SECTION 26. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
8 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 11. (a) A person who
10 (1) knowingly or intentionally possesses (pure or adulterated)
11 marijuana, hash oil, hashish, or salvia
12 (2) knowingly or intentionally grows or cultivates marijuana; or
13 (3) knowing that marijuana is growing on the person's premises,
14 fails to destroy the marijuana plants;
15 commits possession of marijuana, hash oil, hashish, or salvia, a Class
16 B misdemeanor, except as provided in subsections (b) through (c).
17 (b) The offense described in subsection (a) is a Class A
18 misdemeanor if
19 (1) the person has a prior conviction for a drug offense. or
20 (2) the:
21 (A) marijuana, hash oil, hashish, or salvia is packaged in a
22 manner that appears to be low THC hemp extract; and
23 (B) person knew or reasonably should have known that the
24 product was marijuana, hash oil, hashish, or salvia.
25 (c) The offense described in subsection (a) is a Level 6 felony if:
26 (1) the person has a prior conviction for a drug offense; and
27 (2) the person possesses
28 (A) at least thirty (30) grams of marijuana; or
29 (B) at least five (5) grams of hash oil, hashish, or salvia.
30 (d) A person who:
31 (1) knowingly or intentionally possesses (pure or adulterated)
32 marijuana, hash oil, hashish, or salvia that is packaged in a
33 manner that appears to be low THC hemp extract; and
34 (2) knew or reasonably should have known that the product
35 was marijuana, hash oil, hashish, or salvia;
36 commits possession of mislabeled low THC hemp extract, a Class
37 A misdemeanor.
38 SECTION 27. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
39 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (i), (j), or
41 (l), or (m), in addition to any sentence imposed under this article for a
42 felony or misdemeanor, the court may, as a condition of probation or
2024	IN 1282—LS 6532/DI 106 94
1 without placing the person on probation, order the person to make
2 restitution to the victim of the crime, the victim's estate, or the family
3 of a victim who is deceased. The court shall base its restitution order
4 upon a consideration of:
5 (1) property damages of the victim incurred as a result of the
6 crime, based on the actual cost of repair (or replacement if repair
7 is inappropriate);
8 (2) medical and hospital costs incurred by the victim (before the
9 date of sentencing) as a result of the crime;
10 (3) the cost of medical laboratory tests to determine if the crime
11 has caused the victim to contract a disease or other medical
12 condition;
13 (4) earnings lost by the victim (before the date of sentencing) as
14 a result of the crime including earnings lost while the victim was
15 hospitalized or participating in the investigation or trial of the
16 crime; and
17 (5) funeral, burial, or cremation costs incurred by the family or
18 estate of a homicide victim as a result of the crime.
19 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
20 a judgment lien that:
21 (1) attaches to the property of the person subject to the order;
22 (2) may be perfected;
23 (3) may be enforced to satisfy any payment that is delinquent
24 under the restitution order by the person in whose favor the order
25 is issued or the person's assignee; and
26 (4) expires;
27 in the same manner as a judgment lien created in a civil proceeding.
28 (c) When a restitution order is issued under subsection (a), the
29 issuing court may order the person to pay the restitution, or part of the
30 restitution, directly to:
31 (1) the victim services division of the Indiana criminal justice
32 institute in an amount not exceeding:
33 (A) the amount of the award, if any, paid to the victim under
34 IC 5-2-6.1; and
35 (B) the cost of the reimbursements, if any, for emergency
36 services provided to the victim under IC 16-10-1.5 (before its
37 repeal) or IC 16-21-8; or
38 (2) a probation department that shall forward restitution or part of
39 restitution to:
40 (A) a victim of a crime;
41 (B) a victim's estate; or
42 (C) the family of a victim who is deceased.
2024	IN 1282—LS 6532/DI 106 95
1 The victim services division of the Indiana criminal justice institute
2 shall deposit the restitution it receives under this subsection in the
3 violent crime victims compensation fund established by IC 5-2-6.1-40.
4 (d) When a restitution order is issued under subsection (a), (i), (j),
5 or (l), or (m), the issuing court shall send a certified copy of the order
6 to the clerk of the circuit court in the county where the felony or
7 misdemeanor charge was filed. The restitution order must include the
8 following information:
9 (1) The name and address of the person that is to receive the
10 restitution.
11 (2) The amount of restitution the person is to receive.
12 Upon receiving the order, the clerk shall enter and index the order in
13 the circuit court judgment docket in the manner prescribed by
14 IC 33-32-3-2. The clerk shall also notify the department of insurance
15 of an order of restitution under subsection (i).
16 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
17 does not bar a civil action for:
18 (1) damages that the court did not require the person to pay to the
19 victim under the restitution order but arise from an injury or
20 property damage that is the basis of restitution ordered by the
21 court; and
22 (2) other damages suffered by the victim.
23 (f) Regardless of whether restitution is required under subsection (a)
24 as a condition of probation or other sentence, the restitution order is not
25 discharged by the completion of any probationary period or other
26 sentence imposed for a felony or misdemeanor.
27 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
28 not discharged by the liquidation of a person's estate by a receiver
29 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
30 IC 34-1-12, or IC 34-2-7 before their repeal).
31 (h) The attorney general may pursue restitution ordered by the court
32 under subsections (a) and (c) on behalf of the victim services division
33 of the Indiana criminal justice institute established under IC 5-2-6-8.
34 (i) The court may order the person convicted of an offense under
35 IC 35-43-9 to make restitution to the victim of the crime. The court
36 shall base its restitution order upon a consideration of the amount of
37 money that the convicted person converted, misappropriated, or
38 received, or for which the convicted person conspired. The restitution
39 order issued for a violation of IC 35-43-9 must comply with
40 subsections (b), (d), (e), and (g), and is not discharged by the
41 completion of any probationary period or other sentence imposed for
42 a violation of IC 35-43-9.
2024	IN 1282—LS 6532/DI 106 96
1 (j) The court may order the person convicted of an offense under
2 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
3 victim's estate, or the family of a victim who is deceased. The court
4 shall base its restitution order upon a consideration of the amount of
5 fraud or harm caused by the convicted person and any reasonable
6 expenses (including lost wages) incurred by the victim in correcting the
7 victim's credit report and addressing any other issues caused by the
8 commission of the offense under IC 35-43-5-3.5. If, after a person is
9 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
10 estate, or the family of a victim discovers or incurs additional expenses
11 that result from the convicted person's commission of the offense under
12 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
13 to require the convicted person to make restitution, even if the court
14 issued a restitution order at the time of sentencing. For purposes of
15 entering a restitution order after sentencing, a court has continuing
16 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
17 for five (5) years after the date of sentencing. Each restitution order
18 issued for a violation of IC 35-43-5-3.5 must comply with subsections
19 (b), (d), (e), and (g), and is not discharged by the completion of any
20 probationary period or other sentence imposed for an offense under
21 IC 35-43-5-3.5.
22 (k) The court shall order a person convicted of an offense under
23 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
24 equal to the greater of the following:
25 (1) The gross income or value to the person of the victim's labor
26 or services.
27 (2) The value of the victim's labor as guaranteed under the
28 minimum wage and overtime provisions of:
29 (A) the federal Fair Labor Standards Act of 1938, as amended
30 (29 U.S.C. 201-209); or
31 (B) IC 22-2-2 (Minimum Wage);
32 whichever is greater.
33 (l) The court shall order a person who:
34 (1) is convicted of dealing in methamphetamine under
35 IC 35-48-4-1.1 or manufacturing methamphetamine under
36 IC 35-48-4-1.2; and
37 (2) manufactured the methamphetamine on property owned by
38 another person, without the consent of the property owner;
39 to pay liquidated damages to the property owner in the amount of ten
40 thousand dollars ($10,000) or to pay actual damages to the property
41 owner, including lost rent and the costs of decontamination by a
42 qualified inspector certified under IC 16-19-3.1.
2024	IN 1282—LS 6532/DI 106 97
1 (m) The court shall order a person who:
2 (1) is convicted of dealing in marijuana under
3 IC 35-48-4-10(a)(1)(A); and
4 (2) manufactured the marijuana on property owned by another
5 person, without the consent of the property owner;
6 to pay liquidated damages to the property owner in the amount of two
7 thousand dollars ($2,000).
8 SECTION 28. IC 35-52-7-97 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 97. IC 7.1-8-12-13 defines a crime
11 concerning cannabis.
12 SECTION 29. IC 35-52-7-98 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2024]: Sec. 98. IC 7.1-8-14-9 defines a crime
15 concerning cannabis.
16 SECTION 30. IC 35-52-7-99 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2024]: Sec. 99. IC 7.1-8-15-5 defines a crime
19 concerning cannabis.
20 SECTION 31. IC 35-52-7-100 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2024]: Sec. 100. IC 7.1-8-19-3 defines a crime
23 concerning cannabis.
24 SECTION 32. IC 35-52-7-101 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2024]: Sec. 101. IC 7.1-8-19-4 defines a crime
27 concerning cannabis.
28 SECTION 33. IC 35-52-7-102 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 102. IC 7.1-8-19-6 defines a crime
31 concerning cannabis.
32 SECTION 34. IC 36-1-8.5-4, AS AMENDED BY P.L.122-2023,
33 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 4. As used in this chapter, "law enforcement
35 officer" means an individual who is employed or was formerly
36 employed as:
37 (1) a police officer (including a tribal police officer, a correctional
38 police officer, and a hospital police officer employed by a hospital
39 police department established under IC 16-18-4), sheriff,
40 constable, marshal, prosecuting attorney, special prosecuting
41 attorney, special deputy prosecuting attorney, the securities
42 commissioner, or the inspector general;
2024	IN 1282—LS 6532/DI 106 98
1 (2) a deputy of any of the persons specified in subdivision (1);
2 (3) an investigator for a prosecuting attorney or for the inspector
3 general;
4 (4) a conservation officer;
5 (5) an enforcement officer of the alcohol and tobacco commission
6 or of the cannabis commission; or
7 (6) an enforcement officer of the securities division of the office
8 of the secretary of state.
2024	IN 1282—LS 6532/DI 106