Indiana 2024 Regular Session

Indiana Senate Bill SB0059 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 59
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 7.1-3-18.5; IC 15-15-13; IC 16-42-2-2;
7	7	IC 24-4; IC 35-31.5-2; IC 35-46-1; IC 35-48-1; IC 35-52-24.
8	8	Synopsis: Craft hemp flower products. Establishes certain regulatory
9	9	testing and packaging requirements for the distribution and sale of craft
10	10	hemp flower products and specifies penalties applicable to the unlawful
11	11	possession or distribution of craft hemp flower products. Prohibits the
12	12	possession of craft hemp flower unless it is being used by a licensee to
13	13	manufacture a legal hemp product, including a craft hemp flower
14	14	product. Provides that a food is not considered adulterated for
15	15	containing low THC hemp extract or craft hemp flower. Provides that
16	16	craft hemp flower product is not included in the definition of
17	17	"controlled substance analog", "hashish", "low THC hemp extract", or
18	18	"marijuana". Prohibits the sale of low THC hemp extract to a person
19	19	less than 21 years of age, if it contains certain elements. Adds craft
20	20	hemp flower products to a statute imposing an infraction that applies
21	21	with regard to persons less than 21 years of age involving the sale,
22	22	distribution, purchase, and possession of craft hemp flower product.
23	23	Defines terms. Makes conforming changes. Makes technical
24	24	corrections.
25	25	Effective: July 1, 2024.
26	26	Holdman
27	27	January 8, 2024, read first time and referred to Committee on Commerce and Technology.
28	28	2024 IN 59—LS 6423/DI 120 Introduced
29	29	Second Regular Session of the 123rd General Assembly (2024)
30	30	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	31	Constitution) is being amended, the text of the existing provision will appear in this style type,
32	32	additions will appear in this style type, and deletions will appear in this style type.
33	33	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	34	provision adopted), the text of the new provision will appear in this style type. Also, the
35	35	word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	36	a new provision to the Indiana Code or the Indiana Constitution.
37	37	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	38	between statutes enacted by the 2023 Regular Session of the General Assembly.
39	39	SENATE BILL No. 59
40	40	A BILL FOR AN ACT to amend the Indiana Code concerning trade
41	41	regulation.
42	42	Be it enacted by the General Assembly of the State of Indiana:
43	43	1 SECTION 1. IC 7.1-3-18.5-5, AS AMENDED BY P.L.49-2020,
44	44	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	45	3 JULY 1, 2024]: Sec. 5. (a) Subject to subsection (b), the commission
46	46	4 may suspend the certificate of a person who fails to pay a civil penalty
47	47	5 imposed for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11,
48	48	6 IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7,
49	49	7 or IC 35-46-1-11.8.
50	50	8 (b) Before enforcing the imposition of a civil penalty or suspending
51	51	9 or revoking a certificate under this chapter, the commission shall
52	52	10 provide written notice of the alleged violation to the certificate holder
53	53	11 and conduct a hearing. The commission shall provide written notice of
54	54	12 the civil penalty or suspension or revocation of a certificate to the
55	55	13 certificate holder.
56	56	14 (c) Subject to subsection (b), the commission shall revoke the
57	57	15 certificate of a person upon a finding by a preponderance of the
58	58	16 evidence that the person:
59	59	17 (1) has violated IC 35-45-5-3, IC 35-45-5-3.5, IC 35-45-5-4,
60	60	2024 IN 59—LS 6423/DI 120 2
61	61	1 IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, or
62	62	2 IC 35-46-1-11.8;
63	63	3 (2) has committed habitual illegal sale of tobacco sales as
64	64	4 established under IC 35-46-1-10.2(j); or
65	65	5 (3) has committed habitual illegal entrance by a minor as
66	66	6 established under IC 35-46-1-11.7(f).
67	67	7 SECTION 2. IC 7.1-3-18.5-9, AS AMENDED BY P.L.49-2020,
68	68	8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
69	69	9 JULY 1, 2024]: Sec. 9. A certificate holder shall exercise due diligence
70	70	10 in the supervision and training of the certificate holder's employees or
71	71	11 agents in the handling and sale of tobacco products and electronic
72	72	12 cigarettes on the holder's retail premises. Proof that employees or
73	73	13 agents of the certificate holder, while in the scope of their employment,
74	74	14 committed at least six (6) violations relating to IC 35-46-1-10.2(b)
75	75	15 IC 35-46-1-10.2(c) in any one (1) year period shall be prima facie
76	76	16 evidence of a lack of due diligence by the certificate holder in the
77	77	17 supervision and training of the certificate holder's employees or agents.
78	78	18 SECTION 3. IC 15-15-13-6.7 IS ADDED TO THE INDIANA
79	79	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
80	80	20 [EFFECTIVE JULY 1, 2024]: Sec. 6.7. As used in this chapter,
81	81	21 "work in progress hemp extract" means a compound:
82	82	22 (1) derived from hemp;
83	83	23 (2) intended to be processed into a hemp product;
84	84	24 (3) in a partially processed state;
85	85	25 (4) having a concentration of delta-9 THC that exceeds
86	86	26 three-tenths of one percent (0.3%) by dry weight; and
87	87	27 (5) not marketed for consumer use or consumption.
88	88	28 SECTION 4. IC 15-15-13-11, AS AMENDED BY P.L.190-2019,
89	89	29 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
90	90	30 JULY 1, 2024]: Sec. 11. Only a hemp licensee, the licensee's designee,
91	91	31 or the licensee's agents may be permitted to transport hemp or work in
92	92	32 progress hemp extract off a production site. When transporting hemp
93	93	33 or work in progress hemp extract off the production site, the hemp
94	94	34 licensee, designee, or agent shall have in the licensee's, designee's, or
95	95	35 agent's possession the licensing documents from the state seed
96	96	36 commissioner evidencing that the hemp or work in progress hemp
97	97	37 extract is from certified seed produced by a licensed grower.
98	98	38 SECTION 5. IC 15-15-13-11.5 IS ADDED TO THE INDIANA
99	99	39 CODE AS A NEW SECTION TO READ AS FOLLOWS
100	100	40 [EFFECTIVE JULY 1, 2024]: Sec. 11.5. (a) Subject to subsection (b),
101	101	41 a handler holding a valid license under this chapter may possess,
102	102	42 manufacture, store, transport, or sell work in progress hemp
103	103	2024 IN 59—LS 6423/DI 120 3
104	104	1 extract.
105	105	2 (b) Work in progress hemp extract may be sold only to a:
106	106	3 (1) handler holding a valid license under this chapter; or
107	107	4 (2) person holding a valid hemp or cannabis license in another
108	108	5 jurisdiction.
109	109	6 SECTION 6. IC 15-15-13-19, AS ADDED BY P.L.190-2019,
110	110	7 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
111	111	8 JULY 1, 2024]: Sec. 19. (a) Hemp bud (as defined in IC 35-48-1-17.2)
112	112	9 and hemp flower (as defined in IC 35-48-1-17.3) Craft hemp flower
113	113	10 (as defined by IC 35-31.5-2-68.8) may be transported or sold
114	114	11 intrastate only to a processor licensed under this chapter for
115	115	12 processing or manufacturing into a legal hemp product, including
116	116	13 a craft hemp flower product (as defined by IC 35-31.5-2-68.9).
117	117	14 (b) Craft hemp flower may be sold and transported interstate in
118	118	15 accordance with section 11 of this chapter.
119	119	16 (b) (c) The state seed commissioner may impose a civil penalty
120	120	17 under section 13 of this chapter for a violation of subsection (a).
121	121	18 SECTION 7. IC 16-42-2-2 IS AMENDED TO READ AS
122	122	19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A food is
123	123	20 considered adulterated under any of the following conditions:
124	124	21 (1) If the food bears or contains any poisonous or deleterious
125	125	22 substance that may make the food injurious to health. However,
126	126	23 if the substance is not an added substance, the food is not to be
127	127	24 considered adulterated under this subdivision if the quantity of the
128	128	25 substance in the food does not ordinarily make the food injurious
129	129	26 to health.
130	130	27 (2) If:
131	131	28 (A) the food bears or contains any added poison or added
132	132	29 deleterious substance (other than a poison or a deleterious
133	133	30 substance that is a pesticide chemical in or on a raw
134	134	31 agricultural commodity, a food additive, or a color additive)
135	135	32 that is unsafe within the meaning of section 5 of this chapter;
136	136	33 (B) the food is a raw agricultural commodity and the food
137	137	34 bears or contains a pesticide chemical that is unsafe under
138	138	35 section 5 of this chapter; or
139	139	36 (C) the food is or contains a food additive that is unsafe under
140	140	37 section 5 of this chapter.
141	141	38 However, when a pesticide chemical is used in or on a raw
142	142	39 agricultural commodity in conformity with an exemption granted
143	143	40 or tolerance prescribed under section 5 of this chapter and the raw
144	144	41 agricultural commodity has been subjected to processing such as
145	145	42 canning, cooking, freezing, dehydrating, or milling, the residue of
146	146	2024 IN 59—LS 6423/DI 120 4
147	147	1 the pesticide chemical remaining in or on the processed food,
148	148	2 notwithstanding section 5 of this chapter and clause (C) is not
149	149	3 considered unsafe if the residue in or on the raw agricultural
150	150	4 commodity has been removed to the extent possible in good
151	151	5 manufacturing practice, and the concentration of the residues in
152	152	6 the processed food, when ready to eat, is not greater than the
153	153	7 tolerance prescribed for the raw agricultural commodity.
154	154	8 (3) If the food consists in whole or in part of a diseased,
155	155	9 contaminated, filthy, putrid, or decomposed substance or if the
156	156	10 food is otherwise unfit for food.
157	157	11 (4) If the food has been produced, transported, handled, prepared,
158	158	12 packed, or held under unsanitary conditions or in unsanitary
159	159	13 containers as the result of which the food may have become
160	160	14 contaminated with filth or made diseased, unwholesome, or
161	161	15 injurious to health.
162	162	16 (5) If the food is, in whole or in part, the product of:
163	163	17 (A) a diseased animal;
164	164	18 (B) an animal that has died otherwise than by slaughter; or
165	165	19 (C) an animal that has been fed upon the uncooked offal from
166	166	20 a slaughterhouse.
167	167	21 (6) If the food's container is composed in whole or in part of any
168	168	22 poisonous or deleterious substance that may make the contents
169	169	23 injurious to health.
170	170	24 (7) If the food has been intentionally subjected to radiation, unless
171	171	25 the use of the radiation was in conformity with a rule or an
172	172	26 exemption in effect under section 5 of this chapter.
173	173	27 (8) If any valuable constituent has been in whole or in part
174	174	28 omitted or abstracted from the food.
175	175	29 (9) If any substance has been substituted wholly or in part.
176	176	30 (10) If damage or inferiority has been concealed in any manner.
177	177	31 (11) If any substance has been added to the food or mixed or
178	178	32 packed with the food to:
179	179	33 (A) increase the food's bulk or weight;
180	180	34 (B) reduce the food's quality or strength;
181	181	35 (C) make the food appear better or of greater value than the
182	182	36 food is; or
183	183	37 (D) create a deceptive appearance.
184	184	38 (12) If the food bears or contains a coal-tar color other than one
185	185	39 from a batch that has been certified by the federal Food and Drug
186	186	40 Administrator, as provided by regulations promulgated under
187	187	41 authority of the Federal Act.
188	188	42 (13) If the food is a confectionery and has partially or completely
189	189	2024 IN 59—LS 6423/DI 120 5
190	190	1 imbedded embedded in the food any nonnutritive object.
191	191	2 However, this subdivision does not apply in the case of any
192	192	3 nonnutritive object if, in the judgment of the state department as
193	193	4 provided by rules, the nonnutritive object is of practical,
194	194	5 functional value to the confectionery product and would not make
195	195	6 the product injurious or hazardous to health.
196	196	7 (14) If the food is a confectionery and bears or contains any
197	197	8 alcohol other than alcohol not in excess of one-half of one percent
198	198	9 (0.5%) by volume derived solely from the use of flavoring
199	199	10 extracts.
200	200	11 (15) If the food is a confectionery and bears or contains any
201	201	12 nonnutritive substance. However, this subdivision does not apply
202	202	13 to a safe, nonnutritive substance if:
203	203	14 (A) the nonnutritive substance is in or on a confectionery for
204	204	15 a practical, functional purpose in the manufacture, packaging,
205	205	16 or storing of the confectionery; and
206	206	17 (B) the use of the substance does not promote deception of the
207	207	18 consumer or otherwise result in adulteration or misbranding in
208	208	19 violation of any provision of IC 16-42-1 through IC 16-42-4.
209	209	20 In addition, the state department may, for the purpose of
210	210	21 avoiding or resolving uncertainty as to the application of this
211	211	22 subdivision, adopt rules allowing or prohibiting the use of
212	212	23 particular nonnutritive substances.
213	213	24 (16) If the food falls below the standard of purity, quality, or
214	214	25 strength that the food purports or is represented to possess.
215	215	26 (17) If the food is or bears or contains any color additive that is
216	216	27 unsafe under section 5 of this chapter.
217	217	28 (b) Subsection (a)(8) and (a)(9) do not prohibit:
218	218	29 (1) the removal of butterfat from; or
219	219	30 (2) the addition of skim milk to;
220	220	31 dairy products that comply with the definitions and standards for dairy
221	221	32 products adopted by the state department.
222	222	33 (c) A food is not considered adulterated for containing low THC
223	223	34 hemp extract (as defined in IC 35-48-1-17.5) or craft hemp flower
224	224	35 (as defined in IC 35-31.5-2-68.8).
225	225	36 SECTION 8. IC 24-4-21-4, AS ADDED BY P.L.153-2018,
226	226	37 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
227	227	38 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), low
228	228	39 THC hemp extract must be distributed in packaging that contains the
229	229	40 following information:
230	230	41 (1) A scannable bar code or QR code linked to a document that
231	231	42 contains information with respect to the manufacture of the low
232	232	2024 IN 59—LS 6423/DI 120 6
233	233	1 THC hemp extract, including the:
234	234	2 (A) batch identification number;
235	235	3 (B) product name;
236	236	4 (C) batch date;
237	237	5 (D) expiration date, which must be not more than two (2) years
238	238	6 from the date of manufacture;
239	239	7 (E) batch size;
240	240	8 (F) total quantity produced; and
241	241	9 (G) ingredients used, including the:
242	242	10 (i) ingredient name;
243	243	11 (ii) name of the company that manufactured the ingredient;
244	244	12 (iii) company or product identification number or code, if
245	245	13 applicable; and
246	246	14 (iv) ingredient lot number; and
247	247	15 (H) (G) download link for a certificate of analysis for the low
248	248	16 THC hemp extract.
249	249	17 (2) The batch number.
250	250	18 (3) The Internet address of a web site website to obtain batch
251	251	19 information.
252	252	20 (4) The expiration date.
253	253	21 (5) The number of milligrams of low THC hemp extract.
254	254	22 (6) The manufacturer.
255	255	23 (7) The fact that the product contains not more than three-tenths
256	256	24 percent (0.3%) total delta-9-tetrahydrocannabinol (THC),
257	257	25 including precursors, by weight.
258	258	26 (b) Before July 1, 2018, low THC hemp extract may be distributed
259	259	27 in Indiana without having met the requirements described in subsection
260	260	28 (a).
261	261	29 (b) After June 30, 2024, the packaging of low THC hemp extract
262	262	30 may not:
263	263	31 (1) contain any statement, artwork, or design that could
264	264	32 reasonably mislead any person to believe that the package
265	265	33 contains anything other than low THC hemp extract;
266	266	34 (2) bear the likeness or contain a cartoon-like characteristic
267	267	35 of a real or fictional person, animal, or fruit that appeals to
268	268	36 children; or
269	269	37 (3) bear an unauthorized trademark, trade name, famous
270	270	38 mark, or other identifying mark, imprint, or device, or any
271	271	39 likeness thereof.
272	272	40 SECTION 9. IC 24-4-22-3, AS ADDED BY P.L.153-2018,
273	273	41 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
274	274	42 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), A
275	275	2024 IN 59—LS 6423/DI 120 7
276	276	1 person may sell low THC hemp extract at retail only if the packaging
277	277	2 complies with the requirements of IC 24-4-21-4.
278	278	3 (b) Before July 1, 2018, a person may sell low THC hemp extract at
279	279	4 retail even if the packaging does not comply with the requirements of
280	280	5 IC 24-4-21-4.
281	281	6 (b) Beginning July 1, 2024, no low THC hemp extract
282	282	7 containing:
283	283	8 (1) Delta-8 THC;
284	284	9 (2) Delta-10 THC;
285	285	10 (3) Hexahydrocannabinol (HHC);
286	286	11 (4) Tetrahydrocannabinol acetate ester (THCo);
287	287	12 (5) Tetrahydrocannabiporol (THCp); or
288	288	13 (6) Tetrahydrocannabivarin (THCv);
289	289	14 may be distributed, sold, or offered for sale at retail or online to a
290	290	15 person who is less than twenty-one (21) years of age.
291	291	16 (c) Any website owned, managed, or operated by a person who
292	292	17 distributes or sells a product containing:
293	293	18 (1) Delta-8 THC;
294	294	19 (2) Delta-10 THC;
295	295	20 (3) Hexahydrocannabinol (HHC);
296	296	21 (4) Tetrahydrocannabinol acetate ester (THCo);
297	297	22 (5) Tetrahydrocannabiporol (THCp); or
298	298	23 (6) Tetrahydrocannabivarin (THCv);
299	299	24 directly to consumers must verify a consumer's age by either using
300	300	25 a reliable online age verification service, or by obtaining and
301	301	26 examining a copy of a government issued identification, prior to
302	302	27 completing a purchase.
303	303	28 (d) A person who violates this section is subject to a civil penalty
304	304	29 not to exceed the following:
305	305	30 (1) One thousand dollars ($1,000) for a first violation.
306	306	31 (2) Five thousand dollars ($5,000) for a second violation that
307	307	32 occurs within two (2) years after a first violation, and
308	308	33 suspension of the retail dealer's certificate for up to six (6)
309	309	34 months.
310	310	35 (3) Ten thousand dollars ($10,000) for each subsequent
311	311	36 violation that occurs within two (2) years of the preceding
312	312	37 violation, and revocation of the retail dealer's certificate, with
313	313	38 a one (1) year waiting period for reapplication.
314	314	39 (e) It is a defense to a violation under this section that the
315	315	40 distributor or seller examined the purchaser's or recipient's
316	316	41 driver's license, or other valid government issued identification,
317	317	42 that positively identified the purchaser or recipient as being at least
318	318	2024 IN 59—LS 6423/DI 120 8
319	319	1 twenty-one (21) years of age.
320	320	2 SECTION 10. IC 24-4-23 IS ADDED TO THE INDIANA CODE
321	321	3 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
322	322	4 JULY 1, 2024]:
323	323	5 Chapter 23. Distribution of Craft Hemp Flower Products
324	324	6 Sec. 1. As used in this chapter, "certificate of analysis" means
325	325	7 a certificate from an independent testing laboratory describing the
326	326	8 results of the laboratory's testing of a sample.
327	327	9 Sec. 2. As used in this chapter, "craft hemp flower product" has
328	328	10 the meaning set forth in IC 35-31.5-2-68.9.
329	329	11 Sec. 3. As used in this chapter, "independent testing laboratory"
330	330	12 means a laboratory:
331	331	13 (1) with respect to which no person having a direct or indirect
332	332	14 interest in the laboratory also has a direct or indirect interest
333	333	15 in a facility that:
334	334	16 (A) processes, distributes, or sells a craft hemp flower
335	335	17 product, or a substantially similar substance in another
336	336	18 jurisdiction;
337	337	19 (B) cultivates, processes, distributes, dispenses, or sells
338	338	20 marijuana;
339	339	21 (C) cultivates, processes, or distributes hemp; or
340	340	22 (D) processes, distributes, or sells low THC hemp extract
341	341	23 (as defined in IC 35-48-1-17.5); and
342	342	24 (2) that is accredited as a testing laboratory under
343	343	25 International Organization for Standardization (ISO) 17025
344	344	26 by a third party accrediting body such as the American
345	345	27 Association for Laboratory Accreditation (A2LA) or Assured
346	346	28 Calibration and Laboratory Accreditation Select Services
347	347	29 (ACLASS).
348	348	30 Sec. 4. As used in this chapter, "tamper evident packaging"
349	349	31 means a package having at least one (1) indicator or a barrier to
350	350	32 entry that, if breached or missing, can reasonably be expected to
351	351	33 provide visible evidence to consumers that tampering has occurred.
352	352	34 Sec. 5. (a) Before a person may distribute a craft hemp flower
353	353	35 product, the distributor must have a certificate of analysis
354	354	36 prepared by an independent testing laboratory showing the
355	355	37 following:
356	356	38 (1) That the craft hemp flower product is the product of a
357	357	39 batch tested by the independent testing laboratory.
358	358	40 (2) That the independent testing laboratory determined that
359	359	41 the batch contained not more than three-tenths percent
360	360	42 (0.3%) delta-9-tetrahydrocannabinol (THC), including
361	361	2024 IN 59—LS 6423/DI 120 9
362	362	1 precursors, by weight, based on the testing of a random
363	363	2 sample of the batch.
364	364	3 (3) That the batch has been tested for and does not exceed the
365	365	4 acceptable levels set forth under section 7 of this chapter for
366	366	5 the following contaminants:
367	367	6 (A) Heavy metals, including cadmium, lead, arsenic, and
368	368	7 mercury.
369	369	8 (B) Pesticides.
370	370	9 (C) Herbicides.
371	371	10 (D) Mycotoxins.
372	372	11 (E) Bacterial toxins.
373	373	12 (F) Chemical solvent residues.
374	374	13 (4) The potency of the craft hemp flower product, including
375	375	14 the projected percentage of:
376	376	15 (A) THC;
377	377	16 (B) cannabidiol; and
378	378	17 (C) other cannabinoids in the craft hemp flower product;
379	379	18 by weight or volume.
380	380	19 (b) Each batch of a craft hemp flower product submitted to an
381	381	20 independent testing laboratory under this section must have been
382	382	21 harvested at the same time and cultivated in a contiguous area in
383	383	22 the same field or facility.
384	384	23 Sec. 6. A craft hemp flower product must be distributed in
385	385	24 tamper evident packaging that contains the following information:
386	386	25 (1) A scannable bar code or QR code linked to a document
387	387	26 that contains information with respect to the craft hemp
388	388	27 flower product, including the:
389	389	28 (A) batch identification number;
390	390	29 (B) product name;
391	391	30 (C) batch date;
392	392	31 (D) expiration date, which must be not more than two (2)
393	393	32 years from the date of harvest;
394	394	33 (E) batch size;
395	395	34 (F) total quantity produced;
396	396	35 (G) ingredients used, including the:
397	397	36 (i) ingredient name;
398	398	37 (ii) name of the company that manufactured the
399	399	38 ingredient;
400	400	39 (iii) company or product identification number or code,
401	401	40 if applicable; and
402	402	41 (iv) ingredient lot number; and
403	403	42 (H) download link for a certificate of analysis for the craft
404	404	2024 IN 59—LS 6423/DI 120 10
405	405	1 hemp flower product.
406	406	2 (2) The batch identification number.
407	407	3 (3) The address of a website to obtain batch information.
408	408	4 (4) The expiration date, which must be not more than two (2)
409	409	5 years from the date of harvest.
410	410	6 (5) The number of grams of craft hemp flower (as defined by
411	411	7 IC 35-31.5-2-68.8) contained in the craft hemp flower product.
412	412	8 (6) The facility that produced the craft hemp flower product.
413	413	9 (7) The fact that the product contains not more than
414	414	10 three-tenths percent (0.3%) delta-9-tetrahydrocannabinol
415	415	11 (THC), including precursors, by weight.
416	416	12 Sec. 7. A craft hemp flower product may not be distributed if a
417	417	13 certificate of analysis prepared by an independent testing
418	418	14 laboratory shows any of the following:
419	419	15 (1) A concentration of metals that is more than any of the
420	420	16 following:
421	421	17 (A) Four-tenths (0.4) part per million of cadmium.
422	422	18 (B) Five-tenths (0.5) part per million of lead.
423	423	19 (C) Four-tenths (0.4) part per million of arsenic.
424	424	20 (D) Two-tenths (0.2) part per million of mercury.
425	425	21 (2) A concentration of microbiological units that is more than
426	426	22 any of the following:
427	427	23 (A) One (1) colony forming unit per gram of Shiga-Toxin
428	428	24 Escherichia coli.
429	429	25 (B) One (1) colony forming unit per gram of Salmonella
430	430	26 spp.
431	431	27 (C) Ten thousand (10,000) colony forming units of
432	432	28 culturable mold.
433	433	29 (3) A concentration of residual solvents and chemicals that is
434	434	30 not more than any of the following:
435	435	31 (A) Five thousand (5,000) parts per million of butane.
436	436	32 (B) Two (2) parts per million of benzene.
437	437	33 (C) Five thousand (5,000) parts per million of heptane.
438	438	34 (D) Two hundred ninety (290) parts per million of hexane.
439	439	35 (E) Eight hundred ninety (890) parts per million of toluene.
440	440	36 (F) One (1) part per million of total xylenes, including
441	441	37 ortho-xylene, meta-xylene, and para-xylene.
442	442	38 Sec. 8. (a) A person in a motor vehicle who, while the motor
443	443	39 vehicle is in operation or the motor vehicle is located on the
444	444	40 right-of-way of a public highway (as defined in IC 9-25-2-4),
445	445	41 knowingly or intentionally possesses a container that contains a
446	446	42 craft hemp flower product, and:
447	447	2024 IN 59—LS 6423/DI 120 11
448	448	1 (1) the container does not have tamper evident packaging; or
449	449	2 (2) the tamper evident packaging has a broken seal;
450	450	3 commits a Class C misdemeanor.
451	451	4 (b) A violation of this section is not considered a moving traffic
452	452	5 violation:
453	453	6 (1) for purposes of IC 9-14-12-3; and
454	454	7 (2) for which points are assessed by the bureau of motor
455	455	8 vehicles under the point system.
456	456	9 Sec. 9. (a) A person who knowingly or intentionally distributes
457	457	10 or sells a craft hemp flower product in violation of this chapter
458	458	11 commits a Class B misdemeanor. However, the offense is a Class
459	459	12 A misdemeanor if the person has a prior unrelated conviction for
460	460	13 a violation of this chapter.
461	461	14 (b) The penalties in this section are in addition to any criminal
462	462	15 penalties that may be imposed for unlawful possession or
463	463	16 distribution of a controlled substance.
464	464	17 SECTION 11. IC 35-31.5-2-68.8 IS ADDED TO THE INDIANA
465	465	18 CODE AS A NEW SECTION TO READ AS FOLLOWS
466	466	19 [EFFECTIVE JULY 1, 2024]: Sec. 68.8. (a) "Craft hemp flower"
467	467	20 means the harvested reproductive organ, whether immature or
468	468	21 mature, of the female Cannabis sativa L. plant containing not more
469	469	22 than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol
470	470	23 (THC), including precursors of THC, in a form that is intended to
471	471	24 allow THC to be introduced into the human body by inhalation of
472	472	25 smoke.
473	473	26 (b) The term does not include agricultural hemp seed (as defined
474	474	27 in IC 15-15-13-2).
475	475	28 SECTION 12. IC 35-31.5-2-68.9 IS ADDED TO THE INDIANA
476	476	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
477	477	30 [EFFECTIVE JULY 1, 2024]: Sec. 68.9. "Craft hemp flower
478	478	31 product" means a substance or product for sale to consumers that:
479	479	32 (1) is derived from or contains any part of craft hemp flower;
480	480	33 and
481	481	34 (2) is in the form of:
482	482	35 (A) a gummy;
483	483	36 (B) an edible;
484	484	37 (C) a tincture; or
485	485	38 (D) an e-liquid in a tamper evident container.
486	486	39 The term does not include smokable hemp.
487	487	40 SECTION 13. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
488	488	41 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
489	489	42 JULY 1, 2024]: Sec. 100. (a) "Distribute", for purposes of
490	490	2024 IN 59—LS 6423/DI 120 12
491	491	1 IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
492	492	2 (b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
493	493	3 forth in IC 35-46-1-10(f). IC 35-46-1-10(a).
494	494	4 (c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
495	495	5 set forth in IC 35-46-1-10.2(g). IC 35-46-1-10.2(a).
496	496	6 (d) "Distribute", for purposes of IC 35-47.5, has the meaning set
497	497	7 forth in IC 35-47.5-2-6.
498	498	8 (e) "Distribute", for purposes of IC 35-48, has the meaning set forth
499	499	9 in IC 35-48-1-14.
500	500	10 (f) "Distribute", for purposes of IC 35-49, has the meaning set forth
501	501	11 in IC 35-49-1-2.
502	502	12 SECTION 14. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
503	503	13 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
504	504	14 JULY 1, 2024]: Sec. 10. (a) As used in this section, "distribute"
505	505	15 means to give tobacco, a craft hemp flower product, an e-liquid, or
506	506	16 an electronic cigarette to another person as a means of promoting,
507	507	17 advertising, or marketing the tobacco, craft hemp flower product,
508	508	18 e-liquid, or electronic cigarette to the general public.
509	509	19 (a) (b) A person may not be charged with a violation under this
510	510	20 section and a violation under IC 7.1-7-6-5.
511	511	21 (b) (c) A person who knowingly:
512	512	22 (1) sells or distributes tobacco, a craft hemp flower product, an
513	513	23 e-liquid, or an electronic cigarette to a person less than
514	514	24 twenty-one (21) years of age; or
515	515	25 (2) purchases tobacco, a craft hemp flower product, an e-liquid,
516	516	26 or an electronic cigarette for delivery to another person who is
517	517	27 less than twenty-one (21) years of age;
518	518	28 commits a Class C infraction. For a sale to take place under this
519	519	29 section, the buyer must pay the seller for the tobacco, craft hemp
520	520	30 flower product, e-liquid, or electronic cigarette.
521	521	31 (c) (d) It is not a defense that the person to whom the tobacco, craft
522	522	32 hemp flower product, e-liquid, or electronic cigarette was sold or
523	523	33 distributed did not smoke, chew, inhale, or otherwise consume the
524	524	34 tobacco, craft hemp flower product, e-liquid, or electronic cigarette.
525	525	35 (d) (e) The following defenses are available to a person accused of
526	526	36 selling or distributing tobacco, a craft hemp flower product, an
527	527	37 e-liquid, or an electronic cigarette to a person who is less than
528	528	38 twenty-one (21) years of age:
529	529	39 (1) The buyer or recipient produced a driver's license bearing the
530	530	40 purchaser's or recipient's photograph, showing that the purchaser
531	531	41 or recipient was of legal age to make the purchase.
532	532	42 (2) The buyer or recipient produced a photographic identification
533	533	2024 IN 59—LS 6423/DI 120 13
534	534	1 card issued under IC 9-24-16-1, or a similar card issued under the
535	535	2 laws of another state or the federal government, showing that the
536	536	3 purchaser or recipient was of legal age to make the purchase.
537	537	4 (3) The appearance of the purchaser or recipient was such that an
538	538	5 ordinary prudent person would believe that the purchaser or
539	539	6 recipient was not less than thirty (30) years of age.
540	540	7 (e) (f) It is a defense that the accused person sold or delivered the
541	541	8 tobacco, craft hemp flower product, e-liquid, or electronic cigarette
542	542	9 to a person who acted in the ordinary course of employment or a
543	543	10 business concerning tobacco, a craft hemp flower product, an
544	544	11 e-liquid, or electronic cigarettes including the following activities:
545	545	12 (1) Agriculture.
546	546	13 (2) Processing.
547	547	14 (3) Transporting.
548	548	15 (4) Wholesaling.
549	549	16 (5) Retailing.
550	550	17 (f) As used in this section, "distribute" means to give tobacco, an
551	551	18 e-liquid, or an electronic cigarette to another person as a means of
552	552	19 promoting, advertising, or marketing the tobacco, e-liquid, or electronic
553	553	20 cigarette to the general public.
554	554	21 (g) Unless the person buys or receives tobacco, a craft hemp
555	555	22 flower product, an e-liquid, or an electronic cigarette under the
556	556	23 direction of a law enforcement officer as part of an enforcement action,
557	557	24 a person who sells or distributes tobacco, a craft hemp flower
558	558	25 product, an e-liquid, or an electronic cigarette is not liable for a
559	559	26 violation of this section unless the person less than twenty-one (21)
560	560	27 years of age who bought or received the tobacco, craft hemp flower
561	561	28 product, e-liquid, or electronic cigarette is issued a citation or
562	562	29 summons under section 10.5 of this chapter.
563	563	30 (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
564	564	31 this section must be deposited in the Richard D. Doyle youth tobacco
565	565	32 education and enforcement fund (IC 7.1-6-2-6).
566	566	33 SECTION 15. IC 35-46-1-10.2, AS AMENDED BY P.L.32-2021,
567	567	34 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
568	568	35 JULY 1, 2024]: Sec. 10.2. (a) As used in this section, "distribute"
569	569	36 means to give tobacco, a craft hemp flower product, an e-liquid, or
570	570	37 an electronic cigarette to another person as a means of promoting,
571	571	38 advertising, or marketing the tobacco, craft hemp flower product,
572	572	39 e-liquid, or electronic cigarette to the general public.
573	573	40 (a) (b) A person may not be charged with a violation under this
574	574	41 section and a violation under IC 7.1-7-6-5.
575	575	42 (b) (c) A retail establishment that sells or distributes tobacco, a
576	576	2024 IN 59—LS 6423/DI 120 14
577	577	1 craft hemp flower product, an e-liquid, or an electronic cigarette to
578	578	2 a person less than twenty-one (21) years of age commits a Class C
579	579	3 infraction. For a sale to take place under this section, the buyer must
580	580	4 pay the retail establishment for the tobacco, craft hemp flower
581	581	5 product, e-liquid, or electronic cigarette.
582	582	6 (c) (d) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
583	583	7 infraction committed under this section must be imposed as follows:
584	584	8 (1) If the retail establishment at that specific business location has
585	585	9 not been issued a citation or summons for a violation of this
586	586	10 section in the previous one (1) year, a civil penalty of up to four
587	587	11 hundred dollars ($400).
588	588	12 (2) If the retail establishment at that specific business location has
589	589	13 had one (1) citation or summons issued for a violation of this
590	590	14 section in the previous one (1) year, a civil penalty of up to eight
591	591	15 hundred dollars ($800).
592	592	16 (3) If the retail establishment at that specific business location has
593	593	17 had two (2) citations or summonses issued for a violation of this
594	594	18 section in the previous one (1) year, a civil penalty of up to one
595	595	19 thousand four hundred dollars ($1,400).
596	596	20 (4) If the retail establishment at that specific business location has
597	597	21 had three (3) or more citations or summonses issued for a
598	598	22 violation of this section in the previous one (1) year, a civil
599	599	23 penalty of up to two thousand dollars ($2,000).
600	600	24 A retail establishment may not be issued a citation or summons for a
601	601	25 violation of this section more than once every twenty-four (24) hours
602	602	26 for each specific business location.
603	603	27 (d) (e) It is not a defense that the person to whom the tobacco, craft
604	604	28 hemp flower product, e-liquid, or electronic cigarette was sold or
605	605	29 distributed did not smoke, chew, inhale, or otherwise consume the
606	606	30 tobacco, craft hemp flower product, e-liquid, or electronic cigarette.
607	607	31 (e) (f) The following defenses are available to a retail establishment
608	608	32 accused of selling or distributing tobacco, a craft hemp flower
609	609	33 product, an e-liquid, or an electronic cigarette to a person who is less
610	610	34 than twenty-one (21) years of age:
611	611	35 (1) The buyer or recipient produced a driver's license bearing the
612	612	36 purchaser's or recipient's photograph showing that the purchaser
613	613	37 or recipient was of legal age to make the purchase.
614	614	38 (2) The buyer or recipient produced a photographic identification
615	615	39 card issued under IC 9-24-16-1 or a similar card issued under the
616	616	40 laws of another state or the federal government showing that the
617	617	41 purchaser or recipient was of legal age to make the purchase.
618	618	42 (3) The appearance of the purchaser or recipient was such that an
619	619	2024 IN 59—LS 6423/DI 120 15
620	620	1 ordinary prudent person would believe that the purchaser or
621	621	2 recipient was not less than thirty (30) years of age.
622	622	3 (f) (g) It is a defense that the accused retail establishment sold or
623	623	4 delivered the tobacco, craft hemp flower product, e-liquid, or
624	624	5 electronic cigarette to a person who acted in the ordinary course of
625	625	6 employment or a business concerning tobacco, a craft hemp flower
626	626	7 product, an e-liquid, or electronic cigarettes for the following
627	627	8 activities:
628	628	9 (1) Agriculture.
629	629	10 (2) Processing.
630	630	11 (3) Transporting.
631	631	12 (4) Wholesaling.
632	632	13 (5) Retailing.
633	633	14 (g) As used in this section, "distribute" means to give tobacco, an
634	634	15 e-liquid, or an electronic cigarette to another person as a means of
635	635	16 promoting, advertising, or marketing the tobacco or electronic cigarette
636	636	17 to the general public.
637	637	18 (h) Unless a person buys or receives tobacco, a craft hemp flower
638	638	19 product, an e-liquid, or an electronic cigarette under the direction of
639	639	20 a law enforcement officer as part of an enforcement action, a retail
640	640	21 establishment that sells or distributes tobacco, a craft hemp flower
641	641	22 product, an e-liquid, or an electronic cigarette is not liable for a
642	642	23 violation of this section unless the person less than twenty-one (21)
643	643	24 years of age who bought or received the tobacco, craft hemp flower
644	644	25 product, e-liquid, or electronic cigarette is issued a citation or
645	645	26 summons under section 10.5 of this chapter.
646	646	27 (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
647	647	28 this section must be deposited in the Richard D. Doyle youth tobacco
648	648	29 education and enforcement fund (IC 7.1-6-2-6).
649	649	30 (j) A person who violates subsection (b) (c) at least six (6) times in
650	650	31 any one (1) year commits habitual illegal sale of tobacco, sales, a Class
651	651	32 B infraction.
652	652	33 SECTION 16. IC 35-46-1-10.5, AS AMENDED BY P.L.49-2020,
653	653	34 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
654	654	35 JULY 1, 2024]: Sec. 10.5. (a) A person less than twenty-one (21) years
655	655	36 of age who:
656	656	37 (1) purchases tobacco, a craft hemp flower product, an e-liquid,
657	657	38 or an electronic cigarette;
658	658	39 (2) accepts tobacco, a craft hemp flower product, an e-liquid,
659	659	40 or an electronic cigarette for personal use; or
660	660	41 (3) possesses tobacco, a craft hemp flower product, an e-liquid,
661	661	42 or an electronic cigarette on the person's person;
662	662	2024 IN 59—LS 6423/DI 120 16
663	663	1 commits a Class C infraction.
664	664	2 (b) It is a defense under subsection (a) that the accused person acted
665	665	3 in the ordinary course of employment in a business concerning tobacco,
666	666	4 a craft hemp flower product, an e-liquid, or an electronic cigarette for
667	667	5 the following activities:
668	668	6 (1) Agriculture.
669	669	7 (2) Processing.
670	670	8 (3) Transporting.
671	671	9 (4) Wholesaling.
672	672	10 (5) Retailing.
673	673	11 SECTION 17. IC 35-48-1-9, AS AMENDED BY P.L.153-2018,
674	674	12 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
675	675	13 JULY 1, 2024]: Sec. 9. "Controlled substance" means a drug,
676	676	14 substance, or immediate precursor in schedule I, II, III, IV, or V under:
677	677	15 (1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or
678	678	16 IC 35-48-2-12, if IC 35-48-2-14 does not apply; or
679	679	17 (2) a rule adopted by the board, if IC 35-48-2-14 applies.
680	680	18 The term does not include low THC hemp extract or a craft hemp
681	681	19 flower product.
682	682	20 SECTION 18. IC 35-48-1-9.3, AS AMENDED BY P.L.80-2019,
683	683	21 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
684	684	22 JULY 1, 2024]: Sec. 9.3. (a) "Controlled substance analog" means a
685	685	23 substance that, due to its chemical structure and potential for abuse or
686	686	24 misuse, meets the following criteria:
687	687	25 (1) The substance is substantially similar to a controlled substance
688	688	26 classified under IC 35-48-2.
689	689	27 (2) The substance has a narcotic, stimulant, depressant, or
690	690	28 hallucinogenic effect on the central nervous system or is
691	691	29 represented or intended to have a narcotic, stimulant, depressant,
692	692	30 or hallucinogenic effect on the central nervous system
693	693	31 substantially similar to or greater than that of a controlled
694	694	32 substance classified under IC 35-48-2.
695	695	33 (b) The definition set forth in subsection (a) does not include:
696	696	34 (1) a controlled substance;
697	697	35 (2) a legend drug;
698	698	36 (3) a substance for which there is an approved new drug
699	699	37 application;
700	700	38 (4) any compound, mixture, or preparation that contains any
701	701	39 controlled substance, that is not for administration to a human
702	702	40 being or an animal, and that is packaged in a form or
703	703	41 concentration, or with adulterants or denaturants, such that as
704	704	42 packaged it does not present any significant potential for abuse;
705	705	2024 IN 59—LS 6423/DI 120 17
706	706	1 or
707	707	2 (5) a substance to which an investigational exemption applies
708	708	3 under Section 505 of the federal Food, Drug and Cosmetic Act
709	709	4 (chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the
710	710	5 extent that conduct with respect to the substance is pursuant to the
711	711	6 exemption; or
712	712	7 (6) low THC hemp extract; or
713	713	8 (7) a craft hemp flower product.
714	714	9 (c) For purposes of subsection (a), "substantially similar", as it
715	715	10 applies to the chemical structure of a substance, means that the
716	716	11 chemical structure of the substance, when compared to the structure of
717	717	12 a controlled substance, has a single difference in the structural formula
718	718	13 that substitutes one (1) atom or functional group for another, including:
719	719	14 (1) one (1) halogen for another halogen;
720	720	15 (2) one (1) hydrogen for a halogen;
721	721	16 (3) one (1) halogen for a hydrogen; or
722	722	17 (4) an alkyl group added or deleted:
723	723	18 (A) as a side chain to or from a molecule; or
724	724	19 (B) from a side chain of a molecule.
725	725	20 SECTION 19. IC 35-48-1-10.5 IS ADDED TO THE INDIANA
726	726	21 CODE AS A NEW SECTION TO READ AS FOLLOWS
727	727	22 [EFFECTIVE JULY 1, 2024]: Sec. 10.5. "Craft hemp flower
728	728	23 product" has the meaning set forth in IC 35-31.5-2-68.9.
729	729	24 SECTION 20. IC 35-48-1-16.8, AS ADDED BY P.L.153-2018,
730	730	25 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
731	731	26 JULY 1, 2024]: Sec. 16.8. "Hashish" does not include:
732	732	27 (1) low THC hemp extract; or
733	733	28 (2) a craft hemp flower product.
734	734	29 SECTION 21. IC 35-48-1-17.2 IS REPEALED [EFFECTIVE JULY
735	735	30 1, 2024]. Sec. 17.2. (a) "Hemp bud" means the harvested immature
736	736	31 reproductive organ of the female hemp plant.
737	737	32 (b) The term does not include agricultural hemp seed.
738	738	33 SECTION 22. IC 35-48-1-17.3 IS REPEALED [EFFECTIVE JULY
739	739	34 1, 2024]. Sec. 17.3. (a) "Hemp flower" means the harvested
740	740	35 reproductive organ, whether immature or mature, of the female hemp
741	741	36 plant.
742	742	37 (b) The term does not include agricultural hemp seed.
743	743	38 SECTION 23. IC 35-48-1-17.5, AS AMENDED BY P.L.190-2019,
744	744	39 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
745	745	40 JULY 1, 2024]: Sec. 17.5. (a) "Low THC hemp extract" means a
746	746	41 substance or compound that:
747	747	42 (1) is derived from or contains any part of the plant Cannabis
748	748	2024 IN 59—LS 6423/DI 120 18
749	749	1 sativa L. that meets the definition of hemp under IC 15-15-13-6;
750	750	2 (2) contains not more than three-tenths percent (0.3%) total
751	751	3 delta-9-tetrahydrocannabinol (THC), including precursors, by
752	752	4 weight; and
753	753	5 (3) contains no other controlled substances.
754	754	6 (b) The term does not include:
755	755	7 (1) the harvested reproductive organ, whether immature or
756	756	8 mature, of the female hemp plant; or
757	757	9 (2) smokable hemp. a craft hemp flower product; or
758	758	10 (3) smokable hemp.
759	759	11 SECTION 24. IC 35-48-1-19, AS AMENDED BY P.L.190-2019,
760	760	12 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
761	761	13 JULY 1, 2024]: Sec. 19. (a) "Marijuana" means any part of the plant
762	762	14 genus Cannabis whether growing or not; the seeds thereof; the resin
763	763	15 extracted from any part of the plant, including hashish and hash oil; any
764	764	16 compound, manufacture, salt, derivative, mixture, or preparation of the
765	765	17 plant, its seeds or resin.
766	766	18 (b) The term does not include:
767	767	19 (1) the mature stalks of the plant;
768	768	20 (2) fiber produced from the stalks;
769	769	21 (3) oil or cake made from the seeds of the plant;
770	770	22 (4) any other compound, manufacture, salt, derivative, mixture,
771	771	23 or preparation of the mature stalks (except the resin extracted
772	772	24 therefrom);
773	773	25 (5) the sterilized seed of the plant which is incapable of
774	774	26 germination;
775	775	27 (6) hemp (as defined by IC 15-15-13-6);
776	776	28 (7) low THC hemp extract; or
777	777	29 (8) smokable hemp. a craft hemp flower product; or
778	778	30 (9) smokable hemp.
779	779	31 SECTION 25. IC 35-48-1-26.6, AS ADDED BY P.L.190-2019,
780	780	32 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
781	781	33 JULY 1, 2024]: Sec. 26.6. (a) Except as provided in subsection (b),
782	782	34 "smokable hemp" means a product plant or a part of a plant
783	783	35 containing not more than three-tenths percent (0.3%)
784	784	36 delta-9-tetrahydrocannabinol (THC), including precursors and
785	785	37 derivatives of THC, in a form that allows THC to be introduced into the
786	786	38 human body by inhalation of smoke. Except as provided in subsection
787	787	39 (b), the term includes craft hemp flower.
788	788	40 (1) hemp bud; and
789	789	41 (2) hemp flower.
790	790	42 (b) The term does not include a craft hemp flower product (as
791	791	2024 IN 59—LS 6423/DI 120 19
792	792	1 defined by IC 35-31.5-2-68.9), or:
793	793	2 (1) a hemp plant that is; or
794	794	3 (2) parts of a hemp plant that are; or
795	795	4 (3) craft hemp flower that is;
796	796	5 grown or handled by a licensee for processing or manufacturing into a
797	797	6 legal hemp product, including a craft hemp flower product.
798	798	7 SECTION 26. IC 35-52-24-20.3 IS ADDED TO THE INDIANA
799	799	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
800	800	9 [EFFECTIVE JULY 1, 2024]: Sec. 20.3. IC 24-4-23-8 defines a crime
801	801	10 concerning possession of craft hemp flower products.
802	802	11 SECTION 27. IC 35-52-24-20.4 IS ADDED TO THE INDIANA
803	803	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
804	804	13 [EFFECTIVE JULY 1, 2024]: Sec. 20.4. IC 24-4-23-9 defines a crime
805	805	14 concerning distribution or sale of craft hemp flower products.
806	806	2024 IN 59—LS 6423/DI 120