Indiana 2024 Regular Session

Indiana Senate Bill SB0099 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. 99
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5-41.1; IC 6-2.5-5-58; IC 6-7; IC 7.1-8;
7	7	IC 7.1-9; IC 9-30; IC 35-38-9-1.5; IC 35-46-9-6; IC 35-48-4.
8	8	Synopsis: Cannabis regulation. Permits the use of cannabis by: (1) a
9	9	person at least 21 years of age; and (2) a person with a serious medical
10	10	condition as determined by the person's physician. Establishes the adult
11	11	use cannabis excise tax, and requires a retailer to transfer the tax to the
12	12	department of state revenue for deposit in the state general fund.
13	13	Exempts veterans from payment of the sales tax on medical or adult use
14	14	cannabis. Establishes a cannabis program (program) to permit the
15	15	cultivation, processing, testing, transportation, and sale of cannabis by
16	16	holders of a valid permit. Establishes the Indiana cannabis commission
17	17	(ICC) as a state agency to oversee, implement, and enforce the
18	18	program, and establishes the ICC advisory committee to review the
19	19	effectiveness of the program. Requires that permit holders take steps
20	20	to prevent diversion of cannabis to unauthorized persons. Requires that
21	21	cannabis and cannabis products be properly labeled, placed in child
22	22	resistant packaging, and tested by an independent testing laboratory
23	23	before being made available for purchase. Prohibits packaging
24	24	cannabis in a manner that is appealing to children. Authorizes research
25	25	on cannabis in accordance with rules set forth by the ICC. Establishes
26	26	a procedure for the expungement of a cannabis related conviction if the
27	27	act constituting the conviction becomes legal. Makes conforming
28	28	amendments.
29	29	Effective: July 1, 2024.
30	30	Pol Jr.
31	31	January 8, 2024, read first time and referred to Committee on Commerce and Technology.
32	32	2024 IN 99—LS 6236/DI 106 Introduced
33	33	Second Regular Session of the 123rd General Assembly (2024)
34	34	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
35	35	Constitution) is being amended, the text of the existing provision will appear in this style type,
36	36	additions will appear in this style type, and deletions will appear in this style type.
37	37	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
38	38	provision adopted), the text of the new provision will appear in this style type. Also, the
39	39	word NEW will appear in that style type in the introductory clause of each SECTION that adds
40	40	a new provision to the Indiana Code or the Indiana Constitution.
41	41	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
42	42	between statutes enacted by the 2023 Regular Session of the General Assembly.
43	43	SENATE BILL No. 99
44	44	A BILL FOR AN ACT to amend the Indiana Code concerning
45	45	criminal law and procedure.
46	46	Be it enacted by the General Assembly of the State of Indiana:
47	47	1 SECTION 1. IC 2-5-41.1 IS ADDED TO THE INDIANA CODE
48	48	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
49	49	3 JULY 1, 2024]:
50	50	4 Chapter 41.1. ICC Advisory Committee
51	51	5 Sec. 1. The following definitions apply throughout this chapter:
52	52	6 (1) "Advisory committee" means the ICC advisory committee
53	53	7 established by section 2 of this chapter.
54	54	8 (2) "ICC" means the Indiana cannabis commission
55	55	9 established by IC 7.1-9-2-1.
56	56	10 Sec. 2. The ICC advisory committee is established to serve the
57	57	11 general assembly as a continuing committee. Except as otherwise
58	58	12 provided by this chapter, the advisory committee shall operate
59	59	13 under the rules of the legislative council.
60	60	14 Sec. 3. (a) The advisory committee consists of the following four
61	61	15 (4) voting members and eight (8) nonvoting members:
62	62	16 (1) One (1) legislative member, appointed as a voting member
63	63	17 by the speaker.
64	64	2024 IN 99—LS 6236/DI 106 2
65	65	1 (2) One (1) legislative member, appointed as a voting member
66	66	2 by the minority leader of the house of representatives.
67	67	3 (3) One (1) legislative member, appointed as a voting member
68	68	4 by the president pro tempore.
69	69	5 (4) One (1) legislative member, appointed as a voting member
70	70	6 by the minority leader of the senate.
71	71	7 (5) One (1) representative of law enforcement, appointed as a
72	72	8 nonvoting member by the speaker.
73	73	9 (6) One (1) individual having experience in the treatment of
74	74	10 medical conditions by means of cannabis as a patient,
75	75	11 physician, or caregiver, appointed as a nonvoting member by
76	76	12 the president pro tempore.
77	77	13 (7) The commissioner of the department of state revenue or
78	78	14 the commissioner's designee, who serves as a nonvoting
79	79	15 member.
80	80	16 (8) The director of the Indiana state department of
81	81	17 agriculture or the director's designee, who serves as a
82	82	18 nonvoting member.
83	83	19 (9) The state health commissioner or the commissioner's
84	84	20 designee, who serves as a nonvoting member.
85	85	21 (10) A representative of an Indiana based cannabis trade
86	86	22 organization, appointed by the speaker as a nonvoting
87	87	23 member.
88	88	24 (11) A representative of an experienced manufacturer of low
89	89	25 THC hemp extract, appointed by the president pro tempore
90	90	26 as a nonvoting member.
91	91	27 (12) An experienced hemp grower, appointed by the state seed
92	92	28 commissioner as a nonvoting member.
93	93	29 (b) The chairperson of the legislative council shall annually
94	94	30 select one (1) of the voting members to serve as chairperson of the
95	95	31 advisory committee. Whenever there is a new chairperson of the
96	96	32 legislative council, that chairperson may select a new voting
97	97	33 member to serve as chairperson of the advisory committee. The
98	98	34 chairperson of the advisory committee serves at the pleasure of the
99	99	35 chairperson of the legislative council.
100	100	36 Sec. 4. (a) Except as otherwise provided in this chapter, the term
101	101	37 of a member of the advisory committee ends on June 30 of the next
102	102	38 odd-numbered year following the member's appointment.
103	103	39 However, the member may be reappointed to subsequent terms.
104	104	40 (b) A member of the advisory committee may be removed at any
105	105	41 time by the appointing authority who appointed the member.
106	106	42 (c) If a vacancy exists on the advisory committee, the appointing
107	107	2024 IN 99—LS 6236/DI 106 3
108	108	1 authority who appointed the former member whose position has
109	109	2 become vacant shall appoint an individual to fill the vacancy. An
110	110	3 individual appointed to fill a vacancy serves for the remainder of
111	111	4 the term of the former member.
112	112	5 (d) If a member of the advisory committee ceases to:
113	113	6 (1) be a member of the chamber from which the member was
114	114	7 appointed; or
115	115	8 (2) hold the member's office;
116	116	9 the member ceases to be a member of the advisory committee.
117	117	10 Sec. 5. Each member of the advisory committee is entitled to
118	118	11 receive the same per diem, mileage, and travel allowances paid to
119	119	12 individuals who serve as legislative and lay members, respectively,
120	120	13 of interim study committees established by the legislative council.
121	121	14 Sec. 6. (a) The advisory committee shall meet at the call of the
122	122	15 chairperson.
123	123	16 (b) Seven (7) members of the advisory committee constitute a
124	124	17 quorum if at least three (3) of the members present are voting
125	125	18 members.
126	126	19 (c) The affirmative vote of a majority of the voting members
127	127	20 appointed to the advisory committee is required for the advisory
128	128	21 committee to take action on any measure, including final reports.
129	129	22 Sec. 7. The advisory committee shall do the following, as
130	130	23 applicable:
131	131	24 (1) Review rules adopted by the ICC.
132	132	25 (2) Review legislative proposals suggested by the ICC.
133	133	26 (3) Evaluate the cannabis research and development program
134	134	27 under IC 7.1-9-5.
135	135	28 (4) Evaluate the operation of the medical and adult use
136	136	29 cannabis programs.
137	137	30 (5) Consider any other matter that has bearing on the
138	138	31 operation of the medical and adult use cannabis programs.
139	139	32 Sec. 8. All meetings of the advisory committee are open to the
140	140	33 public in accordance with and subject to IC 5-14-1.5. All records
141	141	34 of the advisory committee are subject to the requirements of
142	142	35 IC 5-14-3.
143	143	36 Sec. 9. The legislative services agency shall staff the advisory
144	144	37 committee.
145	145	38 Sec. 10. All funds necessary to carry out this chapter shall be
146	146	39 paid from appropriations to the legislative council and the
147	147	40 legislative services agency.
148	148	41 SECTION 2. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
149	149	42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
150	150	2024 IN 99—LS 6236/DI 106 4
151	151	1 1, 2024]: Sec. 58. Transactions involving medical cannabis (as
152	152	2 defined in IC 7.1-8-1-1) and adult use cannabis (as defined in
153	153	3 IC 7.1-8-1-1) are exempt from the state gross retail tax if the
154	154	4 person acquiring the cannabis is a veteran (as defined in
155	155	5 IC 23-14-54.5-5).
156	156	6 SECTION 3. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2024].
157	157	7 (Controlled Substance Excise Tax).
158	158	8 SECTION 4. IC 6-7-5 IS ADDED TO THE INDIANA CODE AS
159	159	9 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
160	160	10 1, 2024]:
161	161	11 Chapter 5. Adult Use Cannabis Excise Tax
162	162	12 Sec. 1. The following definitions apply throughout this chapter:
163	163	13 (1) "Adult use cannabis" has the meaning set forth in
164	164	14 IC 7.1-8-1-1.
165	165	15 (2) "Department" means the department of state revenue.
166	166	16 (3) "Medical cannabis" has the meaning set forth in
167	167	17 IC 7.1-8-1-1.
168	168	18 (4) "Qualified retailer" has the meaning set forth in
169	169	19 IC 7.1-8-1-1.
170	170	20 Sec. 2. The adult use cannabis excise tax is imposed on adult use
171	171	21 cannabis sold in Indiana. The adult use cannabis excise tax is not
172	172	22 imposed on medical cannabis.
173	173	23 Sec. 3. The adult use cannabis excise tax is:
174	174	24 (1) one percent (1%) of the gross retail income received by the
175	175	25 qualified retailer for the purchase of adult use cannabis,
176	176	26 during the state fiscal year beginning July 1, 2024;
177	177	27 (2) two percent (2%) of the gross retail income received by the
178	178	28 qualified retailer for the purchase of adult use cannabis,
179	179	29 during the state fiscal year beginning July 1, 2025; and
180	180	30 (3) three percent (3%) of the gross retail income received by
181	181	31 the qualified retailer for the purchase of adult use cannabis,
182	182	32 during and after the state fiscal year beginning July 1, 2026.
183	183	33 Sec. 4. A qualified retailer shall collect the adult use cannabis
184	184	34 excise tax at the time the adult use cannabis is dispensed.
185	185	35 Sec. 5. Before the fifteenth day of each month, each qualified
186	186	36 retailer liable for the tax imposed by this chapter shall:
187	187	37 (1) file a return with the department that includes all
188	188	38 information required by the department, including the:
189	189	39 (A) name of the qualified retailer;
190	190	40 (B) address of the qualified retailer;
191	191	41 (C) invoice date;
192	192	42 (D) invoice number; and
193	193	2024 IN 99—LS 6236/DI 106 5
194	194	1 (E) gross retail income received from the sale of adult use
195	195	2 cannabis dispensed during the preceding month; and
196	196	3 (2) pay the tax for which it is liable under this chapter for the
197	197	4 preceding month, minus the amount specified in section 6 of
198	198	5 this chapter.
199	199	6 All returns required to be filed and taxes required to be paid under
200	200	7 this chapter must be made in an electronic format prescribed by
201	201	8 the department.
202	202	9 Sec. 6. A qualified retailer that files a complete return and pays
203	203	10 the tax due within the time specified in section 5 of this chapter is
204	204	11 entitled to deduct and retain from the tax a collection allowance of
205	205	12 seven-thousandths (0.007) of the amount due. If a qualified retailer
206	206	13 files an incomplete report, the department may reduce the
207	207	14 collection allowance by an amount that does not exceed the lesser
208	208	15 of:
209	209	16 (1) ten percent (10%) of the collection allowance; or
210	210	17 (2) fifty dollars ($50).
211	211	18 Sec. 7. The department shall deposit the taxes collected under
212	212	19 this chapter in the state general fund.
213	213	20 SECTION 5. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
214	214	21 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
215	215	22 2024]:
216	216	23 ARTICLE 8. CANNABIS
217	217	24 Chapter 1. Definitions
218	218	25 Sec. 1. The following definitions apply throughout this article:
219	219	26 (1) "Adult cannabis user" means a person at least twenty-one
220	220	27 (21) years of age who has not been issued a patient or
221	221	28 caregiver identification card, unless the patient or caregiver
222	222	29 identification card has expired.
223	223	30 (2) "Adult use cannabis" means cannabis for use by a person
224	224	31 at least twenty-one (21) years of age.
225	225	32 (3) "Cannabis" means any part of the plant genus Cannabis.
226	226	33 (4) "Cannabis organization" means a qualified retailer, a
227	227	34 grower, a processor, or a testing laboratory.
228	228	35 (5) "Caregiver" means the individual designated by a patient
229	229	36 under this article to obtain, possess, deliver, and assist in the
230	230	37 administration of cannabis to the patient.
231	231	38 (6) "Certification" means the certification issued to a patient
232	232	39 by a physician under this article.
233	233	40 (7) "Family or household member" means a person described
234	234	41 in IC 35-31.5-2-128.
235	235	42 (8) "Form of cannabis" means the characteristics of the
236	236	2024 IN 99—LS 6236/DI 106 6
237	237	1 cannabis recommended for a particular patient, including the
238	238	2 method of consumption, and any particular dosage, strain,
239	239	3 variety, quantity, or percentage of cannabis or of a particular
240	240	4 active ingredient.
241	241	5 (9) "Grower" means a person that holds a permit issued by
242	242	6 the ICC to grow cannabis.
243	243	7 (10) "ICC" means the Indiana cannabis commission
244	244	8 established by IC 7.1-9-2-1.
245	245	9 (11) "ICC committee" means the ICC commissioners
246	246	10 described in IC 7.1-9-2.
247	247	11 (12) "INSPECT" means the Indiana scheduled prescription
248	248	12 electronic collection and tracking program established by
249	249	13 IC 25-1-13-4.
250	250	14 (13) "Medical cannabis" means cannabis for medical use.
251	251	15 (14) "Patient" means an individual who:
252	252	16 (A) has a serious medical condition; and
253	253	17 (B) meets the requirements for certification for the use of
254	254	18 cannabis under this article.
255	255	19 (15) "Patient or caregiver identification card" means a
256	256	20 document issued to a patient or caregiver by the ICC
257	257	21 authorizing access to cannabis.
258	258	22 (16) "Permit" means an authorization issued by the ICC to a
259	259	23 cannabis organization to conduct activities under this article.
260	260	24 (17) "Processor" means a person that holds a permit issued by
261	261	25 the ICC to process or convert cannabis into a marketable
262	262	26 form.
263	263	27 (18) "Qualified retailer" means a person that holds a permit
264	264	28 issued by the ICC to sell cannabis.
265	265	29 (19) "Serious medical condition" means a medical condition
266	266	30 for which, in the professional opinion of a physician, the
267	267	31 benefits of treatment with cannabis are greater than the risks
268	268	32 of treatment with cannabis.
269	269	33 (20) "Testing laboratory" means a laboratory that analyzes
270	270	34 cannabis.
271	271	35 (21) "Transporter" means a person who transports cannabis
272	272	36 or paraphernalia. The term includes a person who does not
273	273	37 possess a permit or patient or caregiver identification card.
274	274	38 Chapter 2. Cannabis Program
275	275	39 Sec. 1. (a) The cannabis program is established to serve:
276	276	40 (1) patients suffering from a serious medical condition; and
277	277	41 (2) adult cannabis users.
278	278	42 (b) The ICC shall administer the program.
279	279	2024 IN 99—LS 6236/DI 106 7
280	280	1 (c) The ICC has regulatory, enforcement, and exporting
281	281	2 authority over the growing, processing, sale, transporting, and use
282	282	3 of medical and adult use cannabis. The ICC shall contract with the
283	283	4 state chemist for the testing and growing of medical and adult use
284	284	5 cannabis.
285	285	6 Sec. 2. The ICC shall do the following:
286	286	7 (1) Issue a permit to a qualifying cannabis organization
287	287	8 authorizing it to grow, process, sell, or test cannabis.
288	288	9 (2) Establish and maintain an electronic data base to store
289	289	10 and track information relating to the cannabis program. The
290	290	11 data base must:
291	291	12 (A) have the ability to authenticate in real time a patient or
292	292	13 caregiver identification card presented to a qualified
293	293	14 retailer;
294	294	15 (B) track in real time the amount of cannabis provided to:
295	295	16 (i) a patient or caregiver; or
296	296	17 (ii) an adult cannabis user;
297	297	18 at a qualified retailer, share this information in real time
298	298	19 with other qualified retailers to prevent diversion, and
299	299	20 issue a "stop sale" warning if a purchaser will exceed the
300	300	21 allowable amount of cannabis that the purchaser may
301	301	22 possess;
302	302	23 (C) store records relating to a certification, including, if
303	303	24 applicable, the recommended form of cannabis and any
304	304	25 early expiration date recommended by the physician; and
305	305	26 (D) track the cultivation, processing, transport, storage,
306	306	27 and sale of cannabis.
307	307	28 (3) Maintain within the ICC's data base an electronic
308	308	29 directory of patients and caregivers approved to use or assist
309	309	30 in the administration of medical cannabis.
310	310	31 (4) Develop enforcement procedures, including announced
311	311	32 and unannounced inspections of:
312	312	33 (A) a qualified retailer;
313	313	34 (B) a grower facility;
314	314	35 (C) a processor facility; and
315	315	36 (D) all records of a cannabis organization.
316	316	37 (5) Establish a program to authorize the use of cannabis for
317	317	38 research purposes, and issue documents to permit a
318	318	39 researcher to obtain cannabis for research purposes.
319	319	40 (6) Establish and maintain public outreach programs about
320	320	41 the cannabis program, including:
321	321	42 (A) a dedicated telephone number for adult cannabis users,
322	322	2024 IN 99—LS 6236/DI 106 8
323	323	1 patients, caregivers, and members of the public to obtain
324	324	2 basic information about the sale of medical and adult use
325	325	3 cannabis; and
326	326	4 (B) a publicly accessible website containing information
327	327	5 similar to that described in clause (A).
328	328	6 (7) Collaborate as necessary with other state agencies, and
329	329	7 contract with third parties as necessary to carry out the
330	330	8 cannabis program, including public education campaigns
331	331	9 regarding the dangers of impaired driving and inappropriate
332	332	10 consumption by youth.
333	333	11 (8) Develop record keeping requirements for all books and
334	334	12 papers, any electronic data base or tracking system data, and
335	335	13 other information of a cannabis organization. Information
336	336	14 shall be retained for at least four (4) years unless otherwise
337	337	15 provided by the ICC.
338	338	16 (9) Restrict the advertising and marketing of cannabis, which
339	339	17 must be consistent with the federal regulations governing
340	340	18 prescription drug advertising and marketing.
341	341	19 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to implement
342	342	20 this article.
343	343	21 Sec. 4. (a) The ICC shall maintain a confidential list of patients
344	344	22 and caregivers to whom it has issued patient or caregiver
345	345	23 identification cards. Except as provided in subsection (b), all
346	346	24 information obtained by the ICC relating to patients, caregivers,
347	347	25 and other applicants is confidential.
348	348	26 (b) The following records are public:
349	349	27 (1) An application for a permit submitted by a cannabis
350	350	28 organization.
351	351	29 (2) Information relating to penalties or other disciplinary
352	352	30 actions taken against a cannabis organization for violation of
353	353	31 this article.
354	354	32 Chapter 3. Use of Cannabis
355	355	33 Sec. 1. Notwithstanding any law to the contrary, the use,
356	356	34 possession, delivery, distribution, transport, cultivation, or
357	357	35 manufacture of:
358	358	36 (1) cannabis; or
359	359	37 (2) paraphernalia used in connection with cannabis;
360	360	38 is lawful if the use or possession complies with this article.
361	361	39 However, this article does not authorize a person to operate a
362	362	40 motor vehicle, a motorboat, or any other device or equipment
363	363	41 while under the influence of cannabis.
364	364	42 Sec. 2. The use of medical cannabis is subject to the following:
365	365	2024 IN 99—LS 6236/DI 106 9
366	366	1 (1) Cannabis may be sold only to:
367	367	2 (A) a patient who receives a certification from a physician
368	368	3 and is in possession of a valid patient or caregiver
369	369	4 identification card issued by the ICC that authorizes sale
370	370	5 of cannabis to the patient;
371	371	6 (B) a caregiver who possesses a valid patient or caregiver
372	372	7 identification card issued by the ICC; or
373	373	8 (C) a research facility authorized by the ICC, under terms
374	374	9 and conditions established by the ICC.
375	375	10 (2) If a physician has ordered that cannabis be sold in a
376	376	11 specific form, cannabis may be sold only in that form.
377	377	12 (3) An individual may not act as a caregiver for more than ten
378	378	13 (10) patients.
379	379	14 (4) A patient may designate up to two (2) caregivers at any
380	380	15 one (1) time.
381	381	16 (5) Cannabis that has not been used by the patient shall be
382	382	17 kept in the original package in which it was sold.
383	383	18 (6) A patient or caregiver shall possess a patient or caregiver
384	384	19 identification card whenever the patient or caregiver is in
385	385	20 possession of cannabis.
386	386	21 Sec. 3. The use of adult use cannabis is subject to the following:
387	387	22 (1) Adult use cannabis may be sold only to an adult cannabis
388	388	23 user.
389	389	24 (2) In any thirty (30) day period, an adult cannabis user may
390	390	25 possess not more than one (1) ounce of cannabis.
391	391	26 (3) If cannabis is transported in a motor vehicle, it must be
392	392	27 kept in a secured and sealed container.
393	393	28 (4) An adult cannabis user may not cultivate cannabis.
394	394	29 (5) To purchase adult use cannabis, the purchaser must
395	395	30 present a valid, government issued photo identification card
396	396	31 displaying the person's date of birth.
397	397	32 Sec. 4. A product packaged by a cannabis organization may be
398	398	33 identified only by:
399	399	34 (1) the name of the grower or processor;
400	400	35 (2) the name of the qualified retailer;
401	401	36 (3) the form and species of cannabis;
402	402	37 (4) the percentage of tetrahydrocannabinol and cannabinol
403	403	38 contained in the product;
404	404	39 (5) the harvest or manufacture date, as applicable; and
405	405	40 (6) any other labeling required by the ICC.
406	406	41 Sec. 5. (a) Except as expressly otherwise provided in this article,
407	407	42 the possession or use of cannabis is unlawful.
408	408	2024 IN 99—LS 6236/DI 106 10
409	409	1 (b) In addition to any other penalty provided by law, the
410	410	2 unlawful possession or use of cannabis may be a crime under
411	411	3 IC 35-48-4.
412	412	4 Sec. 6. The following acts are unlawful:
413	413	5 (1) To grow cannabis unless the person:
414	414	6 (A) is a grower that has received a permit from the ICC;
415	415	7 (B) is a patient with a valid patient or caregiver
416	416	8 identification card who is authorized to cultivate cannabis
417	417	9 for personal use under this article; or
418	418	10 (C) is a research facility authorized by the ICC.
419	419	11 (2) To sell cannabis unless the qualified retailer has received
420	420	12 a permit from the ICC.
421	421	13 Chapter 4. Physicians
422	422	14 Sec. 1. (a) A physician who issues a certification to a patient
423	423	15 under this article may not have an ownership interest in a cannabis
424	424	16 organization.
425	425	17 (b) A physician may issue a certification to a patient only if the
426	426	18 physician:
427	427	19 (1) establishes and intends to maintain a bona fide
428	428	20 physician-patient relationship with the patient for the
429	429	21 provision of medical services that is established by an
430	430	22 in-person visit and for which there is an expectation that the
431	431	23 physician will provide care to the patient on an ongoing basis;
432	432	24 or
433	433	25 (2) establishes coordination with the patient's existing
434	434	26 primary care physician for treatment of the patient's serious
435	435	27 medical condition.
436	436	28 (c) A physician who violates this section may be subject to
437	437	29 professional discipline.
438	438	30 Sec. 2. A physician may issue a certification to use cannabis to
439	439	31 a patient if the following requirements are met:
440	440	32 (1) The physician has determined that the patient has a
441	441	33 serious medical condition and has included the serious
442	442	34 medical condition in the patient's health care record.
443	443	35 (2) The patient is under the physician's continuing care for the
444	444	36 serious medical condition, except as provided in section
445	445	37 1(b)(2) of this chapter.
446	446	38 (3) The physician has determined the patient is likely to
447	447	39 receive therapeutic or palliative benefit from the use of
448	448	40 cannabis.
449	449	41 Sec. 3. A physician issuing a certification under section 1(b)(2)
450	450	42 of this chapter may not issue a certification unless the physician
451	451	2024 IN 99—LS 6236/DI 106 11
452	452	1 has contacted the patient's existing primary care physician to
453	453	2 discuss the patient's serious medical condition and which form of
454	454	3 cannabis the patient is likely to benefit from.
455	455	4 Sec. 4. A certification must include the following information:
456	456	5 (1) The patient's name, date of birth, and address.
457	457	6 (2) The specific serious medical condition of the patient.
458	458	7 (3) A statement by the physician that the patient has a serious
459	459	8 medical condition and the patient is under continuing care for
460	460	9 the serious medical condition that is provided by:
461	461	10 (A) the physician; or
462	462	11 (B) the patient's existing primary care physician (as
463	463	12 described under section 1(b)(2) of this chapter).
464	464	13 (4) The date of issuance.
465	465	14 (5) The name, address, telephone number, and signature of
466	466	15 the physician.
467	467	16 (6) Any requirement or limitation concerning the appropriate
468	468	17 form of cannabis, the maximum quantity of cannabis that the
469	469	18 patient may use, and any limitation on the duration of use, if
470	470	19 applicable.
471	471	20 Sec. 5. A physician shall do the following:
472	472	21 (1) Provide the certification to the patient.
473	473	22 (2) Provide a copy of the certification to the ICC, which shall
474	474	23 place the information in the patient directory within the ICC's
475	475	24 electronic data base. The certification may be transmitted to
476	476	25 the ICC electronically.
477	477	26 (3) File a copy of the certification in the patient's health care
478	478	27 record.
479	479	28 Sec. 6. A physician may not issue a certification for the
480	480	29 physician's own use or for the use of a family or household member
481	481	30 of the physician.
482	482	31 Chapter 5. Certification Form
483	483	32 Sec. 1. The ICC shall develop a standard certification form,
484	484	33 which the ICC shall provide to a physician upon request. The form
485	485	34 must be available electronically. The form must include a
486	486	35 statement that a false statement made by a physician is punishable
487	487	36 under the penalties of perjury.
488	488	37 Chapter 6. Patients
489	489	38 Sec. 1. The ICC shall issue a patient or caregiver identification
490	490	39 card to a patient who has a valid certification and who otherwise
491	491	40 meets the requirements of this article.
492	492	41 Sec. 2. The ICC shall issue a patient or caregiver identification
493	493	42 card to a caregiver designated by the patient in accordance with
494	494	2024 IN 99—LS 6236/DI 106 12
495	495	1 this article.
496	496	2 Sec. 3. Except as provided in section 4 of this chapter, a patient
497	497	3 or caregiver identification card issued to a patient authorizes the
498	498	4 patient to obtain and use cannabis as authorized by this article.
499	499	5 Except as provided in section 4 of this chapter, a patient or
500	500	6 caregiver identification card issued to a caregiver authorizes the
501	501	7 caregiver to obtain cannabis on behalf of the patient.
502	502	8 Sec. 4. (a) A patient holding a valid patient or caregiver
503	503	9 identification card may cultivate cannabis for the patient's own use
504	504	10 if the patient complies with the following requirements:
505	505	11 (1) The patient notifies the ICC on or before the date that the
506	506	12 patient begins cultivation and informs the ICC of the number
507	507	13 of plants the patient intends to cultivate and the location of
508	508	14 cultivation.
509	509	15 (2) The patient cultivates not more than six (6) plants.
510	510	16 (3) Not more than three (3) of the plants may be mature at
511	511	17 any one (1) time.
512	512	18 (4) Cannabis from the plant is used only for the patient's
513	513	19 personal use.
514	514	20 (5) Not later than thirty (30) days before the expected date
515	515	21 that the plants become mature, the patient notifies the ICC of
516	516	22 the anticipated maturity date.
517	517	23 (b) If the mature plants of a patient cultivating cannabis for the
518	518	24 patient's own use die, become damaged, or are otherwise unable to
519	519	25 produce cannabis for medical use, the patient shall notify the ICC,
520	520	26 which shall reinstate the patient's authorization to obtain cannabis
521	521	27 from a qualified retailer not later than fifteen (15) days after
522	522	28 receipt of the notice.
523	523	29 Chapter 7. Patient or Caregiver Identification Cards
524	524	30 Sec. 1. The ICC shall do the following:
525	525	31 (1) Review applications for patient or caregiver identification
526	526	32 cards.
527	527	33 (2) Review certifications submitted by physicians.
528	528	34 (3) Issue patient or caregiver identification cards to patients
529	529	35 and caregivers.
530	530	36 (4) Note in the electronic data base if a patient or caregiver
531	531	37 identification card may not be used to obtain cannabis from
532	532	38 a qualified retailer because the patient is cultivating the
533	533	39 patient's own cannabis.
534	534	40 Sec. 2. A patient or caregiver may apply, in a form and manner
535	535	41 prescribed by the ICC, for issuance or renewal of a patient or
536	536	42 caregiver identification card. A caregiver must submit a separate
537	537	2024 IN 99—LS 6236/DI 106 13
538	538	1 application for issuance or renewal. Each application must include:
539	539	2 (1) the name, address, and date of birth of the patient;
540	540	3 (2) the name, address, and date of birth of a caregiver, if
541	541	4 applicable;
542	542	5 (3) a copy of the certification issued by the physician;
543	543	6 (4) the name, address, and telephone number of the physician;
544	544	7 (5) the signature of the applicant and the date signed; and
545	545	8 (6) any other information required by the ICC.
546	546	9 Sec. 3. The fee to apply for or to renew a patient or caregiver
547	547	10 identification card is fifty dollars ($50). The ICC may waive or
548	548	11 reduce the fee if the applicant demonstrates financial hardship.
549	549	12 Sec. 4. The ICC shall make application and renewal forms
550	550	13 available on the ICC's website.
551	551	14 Sec. 5. (a) The patient or caregiver identification card of a
552	552	15 patient or caregiver expires one (1) year after the date of issuance,
553	553	16 unless a physician has specified that a patient should use cannabis
554	554	17 for less than one (1) year.
555	555	18 (b) If a physician has specified that a patient's use of cannabis
556	556	19 should be limited to certain forms of cannabis, the forms of
557	557	20 cannabis must be listed on the patient or caregiver identification
558	558	21 card.
559	559	22 Sec. 6. (a) The ICC shall issue separate patient or caregiver
560	560	23 identification cards for a patient and a caregiver as soon as
561	561	24 reasonably practicable after receiving a properly completed
562	562	25 application.
563	563	26 (b) If the ICC determines that an application is incomplete or
564	564	27 factually inaccurate, the ICC shall promptly notify the applicant.
565	565	28 (c) If a patient application designates an individual as a
566	566	29 caregiver who is not authorized to be a caregiver, the ICC shall
567	567	30 deny that portion of the application, but may approve the balance
568	568	31 of the application.
569	569	32 Sec. 7. (a) A patient or caregiver who has been issued a patient
570	570	33 or caregiver identification card shall notify the ICC not later than
571	571	34 ten (10) days after any change of name or address.
572	572	35 (b) A patient shall notify the ICC within ten (10) days if a
573	573	36 physician has determined the patient no longer has the serious
574	574	37 medical condition noted on the certification.
575	575	38 Sec. 8. (a) If the patient or caregiver identification card of a
576	576	39 patient or caregiver is lost, stolen, destroyed, or made illegible, the
577	577	40 patient or caregiver shall apply to the ICC for a replacement card
578	578	41 not later than ten (10) days after discovery of the loss or
579	579	42 defacement. The application for a replacement card shall be on a
580	580	2024 IN 99—LS 6236/DI 106 14
581	581	1 form furnished by the ICC and accompanied by a twenty-five
582	582	2 dollar ($25) fee. The ICC may establish higher fees for issuance of
583	583	3 second and subsequent replacement patient or caregiver
584	584	4 identification cards.
585	585	5 (b) The ICC may waive or reduce the fee in cases of
586	586	6 demonstrated financial hardship.
587	587	7 (c) The ICC shall issue a replacement patient or caregiver
588	588	8 identification card as soon as practicable.
589	589	9 (d) A patient or caregiver may not obtain cannabis from a
590	590	10 qualified retailer until the ICC issues the replacement card.
591	591	11 Sec. 9. The patient or caregiver identification card must contain
592	592	12 the following information:
593	593	13 (1) The name of the patient or caregiver, as applicable. The
594	594	14 patient or caregiver identification card must also state
595	595	15 whether the individual is designated as a patient or as a
596	596	16 caregiver.
597	597	17 (2) The date of issuance and expiration date.
598	598	18 (3) A unique identification number for the patient or
599	599	19 caregiver, as applicable.
600	600	20 (4) A photograph of the individual to whom the patient or
601	601	21 caregiver identification card is issued.
602	602	22 (5) Any requirement or limitation set by the physician as to
603	603	23 the form of cannabis.
604	604	24 (6) Any other requirements as determined by the ICC.
605	605	25 However, the ICC may not require that a patient or caregiver
606	606	26 identification card disclose the patient's serious medical
607	607	27 condition.
608	608	28 The ICC shall establish guidelines specifying an acceptable
609	609	29 photograph under subdivision (4) and shall provide a reasonable
610	610	30 accommodation for a patient who is confined to the patient's home
611	611	31 or is in inpatient care.
612	612	32 Sec. 10. The ICC shall monthly transmit fees received under this
613	613	33 chapter to the state comptroller for deposit in the state general
614	614	34 fund.
615	615	35 Chapter 8. Caregivers
616	616	36 Sec. 1. (a) A caregiver must be at least eighteen (18) years of
617	617	37 age.
618	618	38 (b) A caregiver may be less than twenty-one (21) years of age
619	619	39 only if the ICC determines that it is in the best interests of the
620	620	40 patient that a specific person less than twenty-one (21) years of age
621	621	41 serves as a caregiver.
622	622	42 Sec. 2. (a) A patient may terminate a person's designation as
623	623	2024 IN 99—LS 6236/DI 106 15
624	624	1 caregiver at any time.
625	625	2 (b) The patient shall notify the ICC that the patient has
626	626	3 terminated the person's caregiver designation as soon as
627	627	4 reasonably practicable after the termination.
628	628	5 (c) Upon learning that a patient has terminated a person's
629	629	6 caregiver designation, the ICC shall cancel the caregiver's patient
630	630	7 or caregiver identification card and notify the caregiver to return
631	631	8 the physical copy of the card.
632	632	9 Sec. 3. If a patient designates a caregiver, the caregiver may
633	633	10 submit an application for a patient or caregiver identification card
634	634	11 as a caregiver. The caregiver application must include:
635	635	12 (1) the name, address, and date of birth of the caregiver;
636	636	13 (2) if the caregiver has a patient or caregiver identification
637	637	14 card for the caregiver (as a patient) or another patient (as a
638	638	15 caregiver), the expiration date of each patient or caregiver
639	639	16 identification card; and
640	640	17 (3) any other information required by the ICC.
641	641	18 The application must be signed and dated by the caregiver
642	642	19 applicant and verified under penalties of perjury.
643	643	20 Sec. 4. (a) Except as provided in subsection (c), before the
644	644	21 caregiver application is approved, the caregiver must authorize the
645	645	22 ICC to perform a national criminal history background check of
646	646	23 the caregiver.
647	647	24 (b) The caregiver is responsible for the fee for the national
648	648	25 criminal history background check.
649	649	26 (c) The ICC may conduct only one (1) national criminal history
650	650	27 background check of the caregiver per year.
651	651	28 Sec. 5. The caregiver shall pay an application fee of fifty dollars
652	652	29 ($50). The ICC may waive or reduce the fee in cases of
653	653	30 demonstrated financial hardship.
654	654	31 Sec. 6. After receiving the caregiver application, the fee, and the
655	655	32 results of the national criminal history background check, the ICC
656	656	33 shall:
657	657	34 (1) verify the information contained in the application; and
658	658	35 (2) review INSPECT with respect to the applicant.
659	659	36 Sec. 7. The ICC shall monthly transmit fees received under this
660	660	37 chapter to the state comptroller for deposit in the state general
661	661	38 fund.
662	662	39 Chapter 9. Minor Patients
663	663	40 Sec. 1. If a patient is less than eighteen (18) years of age, the
664	664	41 following apply:
665	665	42 (1) The patient must have a caregiver.
666	666	2024 IN 99—LS 6236/DI 106 16
667	667	1 (2) The caregiver must be:
668	668	2 (A) the patient's parent or legal guardian;
669	669	3 (B) an individual designated by a parent or legal guardian;
670	670	4 or
671	671	5 (C) an appropriate individual approved by the ICC on a
672	672	6 sufficient showing that no parent or legal guardian is
673	673	7 appropriate or available.
674	674	8 Chapter 10. Suspension
675	675	9 Sec. 1. If a patient or caregiver knowingly, intentionally, or
676	676	10 recklessly:
677	677	11 (1) violates any provision of this article; or
678	678	12 (2) transfers or sells cannabis to a person not qualified as a
679	679	13 patient under this article;
680	680	14 the ICC may suspend or revoke the patient's or caregiver's patient
681	681	15 or caregiver identification card. The suspension or revocation is in
682	682	16 addition to any criminal or other penalty.
683	683	17 Chapter 11. General Prohibitions
684	684	18 Sec. 1. A person may not operate a motor vehicle, including a
685	685	19 motorboat, while under the influence of cannabis.
686	686	20 Sec. 2. A person may not perform any employment duties in
687	687	21 exposed high places or in confined spaces while under the influence
688	688	22 of cannabis.
689	689	23 Sec. 3. A person's employer may prohibit an employee from
690	690	24 performing any task while under the influence of cannabis. The
691	691	25 prohibition is not an adverse employment decision or unlawful
692	692	26 discrimination even if the prohibition results in financial harm for
693	693	27 the employee.
694	694	28 Chapter 12. Cannabis Organizations
695	695	29 Sec. 1. The following entities may receive a permit to operate as
696	696	30 a cannabis organization to grow, process, or sell cannabis:
697	697	31 (1) A grower.
698	698	32 (2) A processor.
699	699	33 (3) A qualified retailer.
700	700	34 Sec. 2. (a) The ICC shall develop an application for a:
701	701	35 (1) grower permit allowing the grower to grow cannabis;
702	702	36 (2) qualified retailer permit allowing a qualified retailer to sell
703	703	37 cannabis;
704	704	38 (3) processor permit allowing a processor to process cannabis;
705	705	39 and
706	706	40 (4) testing laboratory permit allowing a testing laboratory to
707	707	41 test cannabis.
708	708	42 (b) The following information must be included in the permit
709	709	2024 IN 99—LS 6236/DI 106 17
710	710	1 application:
711	711	2 (1) The name, address, telephone number, and other contact
712	712	3 information for every person having an ownership interest in
713	713	4 the cannabis organization.
714	714	5 (2) Information relating to a similar permit, license, or other
715	715	6 authorization granted in another jurisdiction, including any
716	716	7 suspensions, revocations, or discipline in that jurisdiction.
717	717	8 (3) A release authorizing the ICC to conduct a background
718	718	9 check of the persons having an ownership interest in the
719	719	10 cannabis organization.
720	720	11 (4) A statement as to whether the applicant intends to operate
721	721	12 as a grower, a processor, or a qualified retailer, and a concise
722	722	13 description of the business activities in which the cannabis
723	723	14 organization intends to engage.
724	724	15 (5) The address or other location where the cannabis
725	725	16 organization intends to operate.
726	726	17 (6) A statement that no person having an ownership interest
727	727	18 in the cannabis organization has a felony conviction related to
728	728	19 the production, possession, or sale of marijuana that has not
729	729	20 been expunged and that was entered within the three (3) years
730	730	21 prior to submission of the permit application.
731	731	22 (7) Any other information required by the ICC.
732	732	23 (c) A permit application described in this section shall be
733	733	24 verified and completed subject to the penalties of perjury.
734	734	25 (d) An applicant shall submit the appropriate application and
735	735	26 permit fees at the time the applicant submits the application.
736	736	27 Chapter 13. Cannabis Organization Permits
737	737	28 Sec. 1. Subject to the limits and conditions described in section
738	738	29 10 of this chapter, the ICC may grant a cannabis organization a
739	739	30 permit if the ICC makes the following findings:
740	740	31 (1) The applicant will maintain effective control of cannabis
741	741	32 in the custody of the applicant.
742	742	33 (2) The applicant will comply with all state statutes, all rules
743	743	34 adopted by the ICC, and any ordinances adopted by a
744	744	35 governmental unit.
745	745	36 (3) The applicant has the ability to properly carry out the
746	746	37 activity for which the permit is sought.
747	747	38 (4) The applicant has sufficient financial means to acquire all
748	748	39 property, equipment, and permits required to properly grow,
749	749	40 process, or sell cannabis.
750	750	41 (5) The applicant is able to implement and maintain
751	751	42 appropriate security, tracking, record keeping, and
752	752	2024 IN 99—LS 6236/DI 106 18
753	753	1 surveillance systems relating to the acquisition, possession,
754	754	2 growth, manufacture, delivery, transportation, distribution,
755	755	3 or sale of cannabis.
756	756	4 (6) The applicant satisfies any other conditions required
757	757	5 under rules adopted by the ICC.
758	758	6 (7) Granting a permit to the applicant serves the public
759	759	7 interest.
760	760	8 Sec. 2. If the ICC finds that information included in the
761	761	9 application is insufficient for the ICC to grant a permit to the
762	762	10 cannabis organization, the ICC may request that the applicant
763	763	11 submit additional documentation relating to one (1) or more items
764	764	12 listed in section 1 of this chapter.
765	765	13 Sec. 3. (a) Except as provided under subsection (b), a permit
766	766	14 granted under this chapter is nontransferable.
767	767	15 (b) A permit holder may transfer a permit to a person
768	768	16 authorized to hold a permit in accordance with rules adopted by
769	769	17 the ICC if:
770	770	18 (1) the permit holder has held the permit for at least
771	771	19 twenty-four (24) months; or
772	772	20 (2) the transfer is necessary due to the death or disability of
773	773	21 the permit holder or a similar severe hardship. For purposes
774	774	22 of this subdivision, financial hardship is not a severe hardship.
775	775	23 Sec. 4. A permit granted under this chapter is valid for one (1)
776	776	24 year after the date of issuance.
777	777	25 Sec. 5. (a) A permit may be renewed for one (1) or more
778	778	26 additional one (1) year periods.
779	779	27 (b) The ICC shall establish deadlines for filing a renewal
780	780	28 application that provide the ICC with sufficient time to review the
781	781	29 application without causing an interruption in the cannabis
782	782	30 organization's activities.
783	783	31 (c) The same standards that apply for granting an initial
784	784	32 application apply to an application for renewal. In determining
785	785	33 whether the renewal of a permit serves the public interest, the ICC
786	786	34 shall consider the manner in which the renewal applicant has
787	787	35 operated the cannabis organization and complied with all relevant
788	788	36 laws.
789	789	37 Sec. 6. A permit issued by the ICC to a cannabis organization
790	790	38 must include the following information:
791	791	39 (1) The name and address of the cannabis organization.
792	792	40 (2) The type of permit.
793	793	41 (3) The activities that are permitted under the permit.
794	794	42 (4) A description of the property and facilities authorized to
795	795	2024 IN 99—LS 6236/DI 106 19
796	796	1 be used by the cannabis organization.
797	797	2 (5) Any other information required by the ICC.
798	798	3 Sec. 7. The ICC may suspend or revoke all or part of a permit
799	799	4 granted under this chapter if, following a hearing, the ICC finds
800	800	5 any of the following:
801	801	6 (1) That one (1) or more of the determinations made under
802	802	7 section 1 of this chapter are no longer valid.
803	803	8 (2) That the cannabis organization knowingly or intentionally
804	804	9 sold or distributed cannabis to a person not permitted to
805	805	10 receive cannabis under this article.
806	806	11 (3) That the cannabis organization has failed to maintain
807	807	12 effective control against diversion of cannabis.
808	808	13 (4) That the cannabis organization has violated a provision of
809	809	14 this article or a rule adopted by the ICC.
810	810	15 (5) That the cannabis organization has failed to comply with
811	811	16 another law regulating controlled substances.
812	812	17 Sec. 8. (a) An applicant for a cannabis organization permit has
813	813	18 a continuing duty to notify the ICC of any material change in facts
814	814	19 or circumstances relating to the applicant's application, including
815	815	20 a change in ownership.
816	816	21 (b) An applicant's duty to notify the ICC begins on the date the
817	817	22 applicant submits the application and continues for as long as the
818	818	23 applicant holds a permit.
819	819	24 Sec. 9. The ICC may, upon request of a permit holder, amend an
820	820	25 existing permit to authorize a permit holder to:
821	821	26 (1) move the permit holder's operations from one (1) location
822	822	27 to another; or
823	823	28 (2) perform additional activities, or cease the performance of
824	824	29 certain activities now performed, at the permit holder's
825	825	30 facility;
826	826	31 if the ICC finds that the amendment is reasonable under the
827	827	32 circumstances.
828	828	33 Sec. 10. (a) The ICC shall initially issue:
829	829	34 (1) ten (10) processor permits; and
830	830	35 (2) one hundred (100) grower permits.
831	831	36 (b) The ICC shall ensure that, to the extent practicable:
832	832	37 (1) at least one (1) processor permit is issued for a facility
833	833	38 located in each geographical region described in
834	834	39 IC 10-11-2-5(d);
835	835	40 (2) at least three (3) grower permits are issued for cultivation
836	836	41 in each geographical region described in IC 10-11-2-5(d); and
837	837	42 (3) the persons receiving a permit reflect the diversity and
838	838	2024 IN 99—LS 6236/DI 106 20
839	839	1 makeup of Indiana.
840	840	2 (c) The ICC may issue additional permits in order to meet the
841	841	3 demand for cannabis in Indiana and to ensure a competitive
842	842	4 market. The ICC shall annually complete a market analysis to
843	843	5 determine whether additional permits are needed to continue the
844	844	6 capture of market share from illicit sources. The ICC shall hold
845	845	7 public hearings as part of the market analysis to hear from
846	846	8 consumers, market stakeholders, and potential new applicants.
847	847	9 Chapter 14. General Duties of a Permit Holder
848	848	10 Sec. 1. The holder of a cannabis organization permit must do the
849	849	11 following:
850	850	12 (1) Report the loss, theft, or unexplained disappearance of
851	851	13 cannabis to a law enforcement agency not later than
852	852	14 twenty-four (24) hours after the loss, theft, or disappearance
853	853	15 is discovered.
854	854	16 (2) Permit announced or unannounced inspections by the ICC
855	855	17 of all cannabis organization facilities and records.
856	856	18 Chapter 15. Application and Permit Fees
857	857	19 Sec. 1. The following fees apply to a grower:
858	858	20 (1) A nonrefundable grower permit application fee of five
859	859	21 hundred dollars ($500).
860	860	22 (2) A refundable grower permit fee of two thousand five
861	861	23 hundred dollars ($2,500).
862	862	24 (3) A refundable grower permit renewal fee of one thousand
863	863	25 dollars ($1,000).
864	864	26 (4) A nonrefundable permit amendment fee of two hundred
865	865	27 fifty dollars ($250).
866	866	28 Sec. 2. The following fees apply to a processor:
867	867	29 (1) A nonrefundable processor permit application fee of two
868	868	30 thousand five hundred dollars ($2,500).
869	869	31 (2) A refundable processor permit fee of ten thousand dollars
870	870	32 ($10,000).
871	871	33 (3) A refundable processor permit renewal fee of five
872	872	34 thousand dollars ($5,000).
873	873	35 (4) A nonrefundable permit amendment fee of two hundred
874	874	36 fifty dollars ($250).
875	875	37 Sec. 3. The following fees apply to a qualified retailer:
876	876	38 (1) A nonrefundable qualified retailer permit application fee
877	877	39 of two hundred dollars ($200).
878	878	40 (2) A refundable qualified retailer permit fee of one thousand
879	879	41 dollars ($1,000) for each qualified retailer location.
880	880	42 (3) A refundable qualified retailer permit renewal fee of seven
881	881	2024 IN 99—LS 6236/DI 106 21
882	882	1 hundred fifty dollars ($750) for each qualified retailer
883	883	2 location.
884	884	3 (4) A nonrefundable permit amendment fee of two hundred
885	885	4 fifty dollars ($250).
886	886	5 Sec. 4. The following fees apply to a testing laboratory:
887	887	6 (1) A nonrefundable testing laboratory permit application fee
888	888	7 of one thousand dollars ($1,000).
889	889	8 (2) A refundable testing laboratory permit fee of two
890	890	9 thousand five hundred dollars ($2,500) for each testing
891	891	10 laboratory location.
892	892	11 (3) A refundable testing laboratory permit renewal fee of two
893	893	12 thousand dollars ($2,000) for each testing laboratory location.
894	894	13 (4) A nonrefundable permit amendment fee of two hundred
895	895	14 fifty dollars ($250).
896	896	15 Sec. 5. An applicant must submit the application fee and permit
897	897	16 fee at the time the applicant submits the application.
898	898	17 Sec. 6. (a) The ICC shall retain the application fee even if the
899	899	18 application is not approved.
900	900	19 (b) The ICC shall refund the permit fee and renewal fee if the
901	901	20 permit or renewal is not approved. However, the permit fee and
902	902	21 renewal fee are not refundable if the permit is initially granted but
903	903	22 later suspended or revoked.
904	904	23 (c) The ICC shall retain the amendment fee even if the
905	905	24 application for amendment is not approved.
906	906	25 Sec. 7. The ICC shall transfer all fees to the state comptroller
907	907	26 for deposit in the state general fund.
908	908	27 Chapter 16. Tracking and Record Keeping
909	909	28 Sec. 1. (a) A cannabis organization must implement an
910	910	29 electronic inventory tracking system, which must be directly
911	911	30 accessible to the ICC through an electronic data base that is
912	912	31 updated at least one (1) time each day.
913	913	32 (b) The electronic inventory tracking system must include the
914	914	33 following:
915	915	34 (1) For a grower, a seed to sale tracking system that tracks the
916	916	35 cannabis from seed to plant until the cannabis is sold or
917	917	36 transferred to its final destination.
918	918	37 (2) For a processor, a system that tracks cannabis from its
919	919	38 purchase from a grower to its transfer to a qualified retailer,
920	920	39 testing laboratory, or research facility as authorized by this
921	921	40 article.
922	922	41 (3) For a qualified retailer, a system that tracks cannabis from
923	923	42 its purchase from a grower or processor to its sale to an adult
924	924	2024 IN 99—LS 6236/DI 106 22
925	925	1 cannabis user, patient, or caregiver, or its transfer to a testing
926	926	2 laboratory, research facility, grower, or processor as
927	927	3 authorized by this article.
928	928	4 (4) For a qualified retailer, a system to verify that a patient or
929	929	5 caregiver identification card presented by a patient or
930	930	6 caregiver purchasing cannabis:
931	931	7 (A) is valid; and
932	932	8 (B) authorizes the patient or caregiver to receive cannabis
933	933	9 from a qualified retailer.
934	934	10 (5) For a qualified retailer, a system to record and transmit
935	935	11 the identification of an adult cannabis user and the quantity
936	936	12 and type of cannabis purchased to ensure that the adult
937	937	13 cannabis user complies with possession limits.
938	938	14 (6) For a cannabis organization, a:
939	939	15 (A) daily log of each day's beginning inventory,
940	940	16 acquisitions, amounts purchased and sold, disbursements,
941	941	17 disposals, and ending inventory, including prices paid and
942	942	18 amounts collected from adult cannabis users, patients, and
943	943	19 caregivers;
944	944	20 (B) system to recall defective cannabis; and
945	945	21 (C) system to track the waste resulting from the growth of
946	946	22 cannabis, including the name and address of a disposal
947	947	23 service.
948	948	24 Sec. 2. A cannabis organization must implement a plan for:
949	949	25 (1) security and surveillance; and
950	950	26 (2) record keeping and record retention.
951	951	27 Sec. 3. The ICC:
952	952	28 (1) shall require a cannabis organization to make an annual
953	953	29 report to the ICC; and
954	954	30 (2) may require a cannabis organization to make a quarterly
955	955	31 report to the ICC.
956	956	32 The ICC shall determine the form and contents of the report and
957	957	33 may make all or part of the report available to the public.
958	958	34 Chapter 17. Grower Operations
959	959	35 Sec. 1. A person holding a grower permit may do all the
960	960	36 following in accordance with rules adopted by the ICC:
961	961	37 (1) Obtain seed and plant material from another grower.
962	962	38 (2) Sell and transport seed and plant material to another
963	963	39 grower or processor.
964	964	40 (3) Sell and transport cannabis to a processor, qualified
965	965	41 retailer, testing laboratory, or research facility authorized by
966	966	42 the ICC.
967	967	2024 IN 99—LS 6236/DI 106 23
968	968	1 The ICC may authorize a person holding a grower permit to sell
969	969	2 and transport seed, plant material, and cannabis to a grower,
970	970	3 processor, qualified retailer, testing laboratory, or research facility
971	971	4 in another state.
972	972	5 Sec. 2. The ICC shall determine the manner in which cannabis
973	973	6 may be grown, harvested, and stored at the cultivation or
974	974	7 harvesting facility.
975	975	8 Sec. 3. The ICC shall determine the manner in which
976	976	9 transportation of cannabis shall be conducted between or among
977	977	10 growers, processors, qualified retailers, testing laboratories, or
978	978	11 research facilities. Rules adopted by the ICC must include the
979	979	12 following:
980	980	13 (1) Requirements relating to shipping containers and
981	981	14 packaging.
982	982	15 (2) The manner in which trucks, vans, trailers, or other
983	983	16 carriers will be secured.
984	984	17 (3) Obtaining copies of driver's licenses and registrations and
985	985	18 other information related to security and tracking.
986	986	19 (4) The use of a GPS tracking system.
987	987	20 (5) Record keeping requirements for delivery and receipt of
988	988	21 cannabis products.
989	989	22 Sec. 4. A grower shall contract with an independent testing
990	990	23 laboratory to test the cannabis produced by the grower. The ICC
991	991	24 shall approve the testing laboratory and require that the testing
992	992	25 laboratory report testing results in the manner determined by the
993	993	26 ICC. If a grower learns that the grower's sample has failed
994	994	27 required testing, the grower must take steps to remediate the
995	995	28 harvest to allowable levels under IC 7.1-8-20-3, or immediately
996	996	29 dispose of the harvest.
997	997	30 Chapter 18. Processor Operations
998	998	31 Sec. 1. A person holding a processor permit may do all the
999	999	32 following in accordance with rules adopted by the ICC:
1000	1000	33 (1) Obtain cannabis from a grower.
1001	1001	34 (2) Sell and transport processed cannabis to another grower
1002	1002	35 or processor.
1003	1003	36 (3) Sell and transport cannabis to a processor, qualified
1004	1004	37 retailer, testing laboratory, or research facility authorized by
1005	1005	38 the ICC.
1006	1006	39 The ICC shall authorize a person holding a processor permit to sell
1007	1007	40 and transport processed cannabis to a grower, processor, qualified
1008	1008	41 retailer, testing laboratory, or research facility in another state if
1009	1009	42 the person meets the requirements established by the ICC.
1010	1010	2024 IN 99—LS 6236/DI 106 24
1011	1011	1 Sec. 2. The ICC shall determine the manner in which cannabis
1012	1012	2 may be processed or stored at the processor facility.
1013	1013	3 Sec. 3. The ICC shall determine the manner in which
1014	1014	4 transportation of cannabis shall be conducted between or among
1015	1015	5 cannabis organizations and research facilities. Rules adopted by
1016	1016	6 the ICC must include the following:
1017	1017	7 (1) Requirements relating to shipping containers and
1018	1018	8 packaging.
1019	1019	9 (2) The manner in which trucks, vans, trailers, or other
1020	1020	10 carriers will be secured.
1021	1021	11 (3) Obtaining copies of driver's licenses and registrations and
1022	1022	12 other information related to security and tracking.
1023	1023	13 (4) The use of a GPS tracking system.
1024	1024	14 (5) Record keeping requirements for delivery and receipt of
1025	1025	15 cannabis products.
1026	1026	16 Sec. 4. A processor shall develop a plan to ensure that cannabis
1027	1027	17 products are properly labeled, are not packaged in a manner that
1028	1028	18 is appealing to children, and are placed in child resistant
1029	1029	19 packaging.
1030	1030	20 Sec. 5. A processor shall include on its labeling of cannabis
1031	1031	21 products the following:
1032	1032	22 (1) The number of doses contained within the package, the
1033	1033	23 species, and the percentage of tetrahydrocannabinol and
1034	1034	24 cannabinol.
1035	1035	25 (2) A warning that the cannabis must be kept in the original
1036	1036	26 container in which it was sold.
1037	1037	27 (3) A warning that unauthorized use is unlawful and will
1038	1038	28 subject the person to criminal penalties.
1039	1039	29 (4) A list of ingredients.
1040	1040	30 (5) The manufacture or harvest date.
1041	1041	31 (6) Any other information required by the ICC.
1042	1042	32 Sec. 6. A processor shall contract with an independent testing
1043	1043	33 laboratory to test the cannabis product produced by the processor.
1044	1044	34 The testing laboratory must be approved by the ICC, and the ICC
1045	1045	35 shall require that the testing laboratory report testing results in the
1046	1046	36 manner determined by the ICC. If a processor learns that a sample
1047	1047	37 submitted by the processor has failed required testing, the
1048	1048	38 processor must take steps to remediate the product to allowable
1049	1049	39 levels under IC 7.1-8-20-3, or immediately dispose of the batch.
1050	1050	40 Chapter 19. Qualified Retailer Operations
1051	1051	41 Sec. 1. (a) A qualified retailer holding a valid permit under this
1052	1052	42 article may sell cannabis to a patient or caregiver upon
1053	1053	2024 IN 99—LS 6236/DI 106 25
1054	1054	1 presentation of a valid patient or caregiver identification card for
1055	1055	2 that patient or caregiver and electronic verification that the patient
1056	1056	3 or caregiver identification card is valid and authorizes the patient
1057	1057	4 or caregiver to receive cannabis from a qualified retailer.
1058	1058	5 (b) A qualified retailer holding a valid permit under this article
1059	1059	6 may sell cannabis to an adult cannabis user upon presentation of
1060	1060	7 a valid government issued photo identification card containing the
1061	1061	8 person's date of birth, and electronic verification that:
1062	1062	9 (1) the sale will not permit the adult cannabis user to exceed
1063	1063	10 the limit described in section 3 of this chapter; and
1064	1064	11 (2) the adult cannabis user does not possess a valid, unexpired
1065	1065	12 certification.
1066	1066	13 Sec. 2. The qualified retailer shall provide to the purchaser a
1067	1067	14 receipt including all of the following:
1068	1068	15 (1) The name and address of the qualified retailer.
1069	1069	16 (2) The name and address of the purchaser.
1070	1070	17 (3) The date the cannabis was sold.
1071	1071	18 (4) For medical cannabis, any requirement or limitation by
1072	1072	19 the physician as to the form of cannabis for the patient.
1073	1073	20 (5) The form and the quantity of cannabis sold.
1074	1074	21 Sec. 3. A qualified retailer may not sell to a patient (or a
1075	1075	22 caregiver on behalf of a specific patient):
1076	1076	23 (1) in any thirty (30) day period:
1077	1077	24 (A) more cannabis than the maximum amount authorized
1078	1078	25 by the certification; or
1079	1079	26 (B) ten (10) ounces of cannabis;
1080	1080	27 whichever is less;
1081	1081	28 (2) subject to subdivision (1), more than two and one-half (2.5)
1082	1082	29 ounces of cannabis per day, of which not more than fifteen
1083	1083	30 (15) grams may be cannabis concentrate;
1084	1084	31 (3) a form of cannabis that is not authorized on the
1085	1085	32 certification; or
1086	1086	33 (4) cannabis, if the patient is cultivating mature cannabis
1087	1087	34 plants for the patient's own use.
1088	1088	35 Sec. 4. The cannabis packaging must include the following
1089	1089	36 information:
1090	1090	37 (1) The number of doses contained within the package, the
1091	1091	38 species, and the percentage of tetrahydrocannabinol and
1092	1092	39 cannabinol.
1093	1093	40 (2) A warning that the cannabis must be kept in the original
1094	1094	41 container in which it was sold.
1095	1095	42 (3) A warning that unauthorized use is unlawful and will
1096	1096	2024 IN 99—LS 6236/DI 106 26
1097	1097	1 subject the person to criminal penalties.
1098	1098	2 (4) Any other information required by the ICC.
1099	1099	3 Sec. 5. A qualified retailer:
1100	1100	4 (1) may sell cannabis only in an indoor, enclosed, secure
1101	1101	5 facility located in Indiana;
1102	1102	6 (2) may sell medical devices and instruments that are needed
1103	1103	7 to administer cannabis; and
1104	1104	8 (3) may sell services approved by the ICC related to the use of
1105	1105	9 cannabis.
1106	1106	10 Sec. 6. A qualified retailer shall post a copy of its permit in a
1107	1107	11 location within its facility in a manner that is easily observable by
1108	1108	12 the public.
1109	1109	13 Sec. 7. A qualified retailer shall establish a plan to:
1110	1110	14 (1) prevent diversion of cannabis and cannabis products; and
1111	1111	15 (2) ensure a patient is not sold more cannabis than is
1112	1112	16 permitted under this article.
1113	1113	17 Chapter 20. Testing Laboratory Operations
1114	1114	18 Sec. 1. A testing laboratory may test cannabis from a cannabis
1115	1115	19 organization in accordance with rules adopted by the ICC if:
1116	1116	20 (1) it holds a valid permit issued under this article; or
1117	1117	21 (2) it is already accredited as a testing laboratory to
1118	1118	22 International Organization for Standardization (ISO) 17025
1119	1119	23 by a third party accrediting body such as the American
1120	1120	24 Association for Laboratory Accreditation (A2LA) or Assured
1121	1121	25 Calibration and Laboratory Accreditation Select Services
1122	1122	26 (ACLASS).
1123	1123	27 Sec. 2. A testing laboratory shall maintain policies and
1124	1124	28 procedures for the secure and proper analytical testing of
1125	1125	29 cannabis, which must include:
1126	1126	30 (1) laboratory analysis techniques, including specific
1127	1127	31 instrumentation and protocols necessary to perform the tests
1128	1128	32 required by the ICC;
1129	1129	33 (2) the implementation of standards and methods for
1130	1130	34 conducting analysis of forms of cannabis in accordance with
1131	1131	35 the requirements of ISO/IEC 17025 "General Requirements
1132	1132	36 for the Competence of Testing and Calibration
1133	1133	37 Laboratories"; and
1134	1134	38 (3) methods of testing to detect:
1135	1135	39 (A) potency levels of tetrahydrocannabinol and
1136	1136	40 cannabinol;
1137	1137	41 (B) microbials;
1138	1138	42 (C) mycotoxins;
1139	1139	2024 IN 99—LS 6236/DI 106 27
1140	1140	1 (D) pesticides;
1141	1141	2 (E) residual solvents; and
1142	1142	3 (F) any other matter as required by the ICC.
1143	1143	4 Sec. 3. The ICC shall establish the allowable level of microbials,
1144	1144	5 mycotoxins, pesticides, residual solvents, and other matter
1145	1145	6 determined by the ICC. If a sample received from a grower or
1146	1146	7 processor exceeds allowable levels, the testing laboratory must
1147	1147	8 immediately notify the grower or processor from whom the testing
1148	1148	9 laboratory received the sample.
1149	1149	10 Sec. 4. A person holding an ownership interest in a qualified
1150	1150	11 retailer, a grower, or a processor permit may not have an
1151	1151	12 ownership interest in a testing laboratory permit.
1152	1152	13 Chapter 21. Transportation
1153	1153	14 Sec. 1. A transporter may transport cannabis or paraphernalia
1154	1154	15 from a:
1155	1155	16 (1) grower or processor to a qualified retailer;
1156	1156	17 (2) grower or processor to a testing laboratory or research
1157	1157	18 facility authorized by the ICC;
1158	1158	19 (3) qualified retailer to a grower or processor;
1159	1159	20 (4) qualified retailer to a testing laboratory or research
1160	1160	21 facility authorized by the ICC;
1161	1161	22 (5) cannabis organization to another cannabis organization;
1162	1162	23 or
1163	1163	24 (6) cannabis organization to another person if authorized to
1164	1164	25 do so by the ICC;
1165	1165	26 if the transporter complies with this chapter.
1166	1166	27 Sec. 2. No employee of a transporter under this chapter who is
1167	1167	28 directly involved in the transport of cannabis or paraphernalia
1168	1168	29 may have a felony conviction related to the production, possession,
1169	1169	30 or sale of marijuana that was entered within the previous three (3)
1170	1170	31 years and that has not been expunged.
1171	1171	32 Sec. 3. Cannabis or paraphernalia transported under this
1172	1172	33 chapter must be:
1173	1173	34 (1) packed in a tamper resistant and tamper evident package;
1174	1174	35 (2) clearly marked as to quantity and contents; and
1175	1175	36 (3) securely stored in the vehicle used for transport.
1176	1176	37 Sec. 4. The transporter shall proceed as directly and
1177	1177	38 expeditiously as practicable from the shipping location to the
1178	1178	39 receiving location.
1179	1179	40 Sec. 5. The person who ships the cannabis or paraphernalia
1180	1180	41 shall provide the transporter with a shipping manifest clearly
1181	1181	42 stating the:
1182	1182	2024 IN 99—LS 6236/DI 106 28
1183	1183	1 (1) exact quantity of cannabis or paraphernalia that is being
1184	1184	2 transported;
1185	1185	3 (2) address of the shipping location;
1186	1186	4 (3) address of the receiving location;
1187	1187	5 (4) identification of the person transporting the material; and
1188	1188	6 (5) time the person transporting the material left the shipping
1189	1189	7 location.
1190	1190	8 Sec. 6. The transporter shall keep the shipping manifest in the
1191	1191	9 transporter's possession at all times.
1192	1192	10 Sec. 7. The ICC may adopt rules to regulate the transport of
1193	1193	11 cannabis or paraphernalia. The ICC may authorize a transporter
1194	1194	12 to transport cannabis or paraphernalia out of state.
1195	1195	13 Chapter 22. Reports
1196	1196	14 Sec. 1. The ICC shall, not later than December 31 of each year,
1197	1197	15 submit a report concerning the cannabis program to the legislative
1198	1198	16 council, the governor, and the chief justice of the supreme court.
1199	1199	17 The report to the legislative council must be in an electronic format
1200	1200	18 under IC 5-14-6.
1201	1201	19 Chapter 23. Civil Penalties
1202	1202	20 Sec. 1. The ICC may assess a civil penalty of not more than
1203	1203	21 twenty thousand dollars ($20,000) for each violation of this article
1204	1204	22 or a rule adopted under this article. In addition, the ICC may
1205	1205	23 impose an additional penalty of not more than two thousand five
1206	1206	24 hundred dollars ($2,500) for each day of a continuing violation.
1207	1207	25 Sec. 2. (a) In determining the amount of a civil penalty imposed
1208	1208	26 under this chapter, the ICC shall consider the following:
1209	1209	27 (1) The seriousness of the violation.
1210	1210	28 (2) The potential harm resulting from the violation to adult
1211	1211	29 cannabis users, patients, caregivers, or the general public.
1212	1212	30 (3) The willfulness of the violation.
1213	1213	31 (4) Any previous violations.
1214	1214	32 (5) The economic benefit that accrued to the person who
1215	1215	33 committed the violation.
1216	1216	34 (b) If the ICC finds that the:
1217	1217	35 (1) violation did not threaten the safety or health of an adult
1218	1218	36 cannabis user, a patient, a caregiver, or the general public;
1219	1219	37 and
1220	1220	38 (2) violator took immediate action to remedy the violation
1221	1221	39 upon learning of it;
1222	1222	40 the ICC may issue a written warning instead of assessing a civil
1223	1223	41 penalty.
1224	1224	42 Sec. 3. In addition to the civil penalty described in this chapter
1225	1225	2024 IN 99—LS 6236/DI 106 29
1226	1226	1 and any other penalty authorized by law, the ICC may revoke or
1227	1227	2 suspend a person's permit or patient or caregiver identification
1228	1228	3 card.
1229	1229	4 Chapter 24. Research
1230	1230	5 Sec. 1. (a) The ICC may provide assistance to universities,
1231	1231	6 research facilities, pharmaceutical companies, state agencies, and
1232	1232	7 similar entities that wish to conduct research concerning cannabis.
1233	1233	8 (b) The ICC may conduct research concerning cannabis.
1234	1234	9 Sec. 2. The ICC may authorize persons conducting research on
1235	1235	10 cannabis to obtain, possess, transport, and use cannabis for
1236	1236	11 research purposes, under terms and conditions established by the
1237	1237	12 ICC. The ICC shall issue appropriate documentation to allow
1238	1238	13 persons to obtain cannabis for research purposes.
1239	1239	14 Chapter 25. Employment
1240	1240	15 Sec. 1. The following definitions apply throughout this chapter:
1241	1241	16 (1) "On call" means that an employee is scheduled with at
1242	1242	17 least twenty-four (24) hours notice by the employee's
1243	1243	18 employer to be on standby or otherwise responsible for
1244	1244	19 performing tasks related to the employee's employment either
1245	1245	20 at the employer's premises or other previously designated
1246	1246	21 location by the employee's employer or supervisor to perform
1247	1247	22 a work related task.
1248	1248	23 (2) "Workplace" means the employer's premises, including
1249	1249	24 any building, real property, and parking area under the
1250	1250	25 control of the employer or area used by an employee while in
1251	1251	26 performance of the employee's job duties, and vehicles,
1252	1252	27 whether leased, rented, or owned. The term includes another
1253	1253	28 location as defined by the employer's written employment
1254	1254	29 policy, to the extent that the policy is generally consistent with
1255	1255	30 this subdivision.
1256	1256	31 Sec. 2. This article does not:
1257	1257	32 (1) prohibit an employer from adopting reasonable zero
1258	1258	33 tolerance or drug free workplace policies, or employment
1259	1259	34 policies concerning drug testing, smoking, consumption,
1260	1260	35 storage, or use of cannabis in the workplace or while on call
1261	1261	36 provided that the policy is applied in a nondiscriminatory
1262	1262	37 manner;
1263	1263	38 (2) require an employer to permit an employee to be under
1264	1264	39 the influence of or use cannabis in the employer's workplace
1265	1265	40 or while performing the employee's job duties or while on
1266	1266	41 call; or
1267	1267	42 (3) limit or prevent an employer from disciplining an
1268	1268	2024 IN 99—LS 6236/DI 106 30
1269	1269	1 employee or terminating employment of an employee for
1270	1270	2 violating an employer's employment policies or workplace
1271	1271	3 drug policies.
1272	1272	4 Sec. 3. For purposes of section 2 of this chapter, an employer
1273	1273	5 may consider an employee to be impaired by or under the influence
1274	1274	6 of cannabis if the employer has a good faith belief that an employee
1275	1275	7 manifests specific, articulable symptoms while working that
1276	1276	8 decrease or lessen the employee's performance of the duties or
1277	1277	9 tasks of the employee's job position, including symptoms of the
1278	1278	10 employee's speech, physical dexterity, agility, coordination,
1279	1279	11 demeanor, irrational or unusual behavior, or negligence or
1280	1280	12 carelessness in operating equipment or machinery; disregard for
1281	1281	13 the safety of the employee or others, or involvement in any accident
1282	1282	14 that results in serious damage to equipment or property;
1283	1283	15 disruption of a production or manufacturing process; or
1284	1284	16 carelessness that results in any injury to the employee or others. If
1285	1285	17 an employer elects to discipline an employee on the basis that the
1286	1286	18 employee is under the influence of or impaired by cannabis, the
1287	1287	19 employer must afford the employee a reasonable opportunity to
1288	1288	20 contest the basis of the determination.
1289	1289	21 Sec. 4. This article does not create or imply a cause of action for
1290	1290	22 any person against an employer for:
1291	1291	23 (1) actions, including subjecting an employee or applicant to
1292	1292	24 reasonable drug and alcohol testing under the employer's
1293	1293	25 workplace drug policy, including an employee's refusal to be
1294	1294	26 tested or to cooperate in testing procedures or disciplining or
1295	1295	27 termination of employment, based on the employer's good
1296	1296	28 faith belief that an employee used or possessed cannabis in the
1297	1297	29 employer's workplace or while performing the employee's job
1298	1298	30 duties or while on call in violation of the employer's
1299	1299	31 employment policies;
1300	1300	32 (2) actions, including discipline or termination of employment,
1301	1301	33 based on the employer's good faith belief that an employee
1302	1302	34 was impaired as a result of the use of cannabis, or under the
1303	1303	35 influence of cannabis, while at the employer's workplace or
1304	1304	36 while performing the employee's job duties or while on call in
1305	1305	37 violation of the employer's workplace drug policy; or
1306	1306	38 (3) injury, loss, or liability to a third party if the employer
1307	1307	39 neither knew nor had reason to know that the employee was
1308	1308	40 impaired.
1309	1309	41 Sec. 5. This article does not enhance or diminish protections
1310	1310	42 afforded by any other law.
1311	1311	2024 IN 99—LS 6236/DI 106 31
1312	1312	1 Sec. 6. This article does not interfere with any federal, state, or
1313	1313	2 local restrictions on employment including the United States
1314	1314	3 Department of Transportation regulation 49 CFR 40.151(e) or
1315	1315	4 impact an employer's ability to comply with federal or state law or
1316	1316	5 cause an employer to lose any federal or state contract or funding.
1317	1317	6 SECTION 6. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
1318	1318	7 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1319	1319	8 2024]:
1320	1320	9 ARTICLE 9. INDIANA CANNABIS COMMISSION
1321	1321	10 Chapter 1. Definitions
1322	1322	11 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
1323	1323	12 article.
1324	1324	13 Chapter 2. General Provisions
1325	1325	14 Sec. 1. The Indiana cannabis commission (ICC) is established as
1326	1326	15 an agency of the executive branch of state government for purposes
1327	1327	16 of administering the cannabis program.
1328	1328	17 Sec. 2. (a) The ICC consists of:
1329	1329	18 (1) the ICC board;
1330	1330	19 (2) the executive director; and
1331	1331	20 (3) other employees necessary to carry out the duties of the
1332	1332	21 ICC.
1333	1333	22 (b) The ICC board is established as a continuing board of the
1334	1334	23 executive branch of state government.
1335	1335	24 (c) The ICC board consists of three (3) commissioners, who shall
1336	1336	25 direct and oversee the operation of the ICC.
1337	1337	26 Sec. 3. (a) The commissioners shall be appointed by the
1338	1338	27 governor.
1339	1339	28 (b) A commissioner serves for a term that ends June 30 of the
1340	1340	29 next odd-numbered year after appointment. A commissioner is
1341	1341	30 eligible for reappointment.
1342	1342	31 (c) Not more than two (2) commissioners may belong to the
1343	1343	32 same political party.
1344	1344	33 (d) A commissioner serves the commissioner's term at the
1345	1345	34 pleasure of the governor.
1346	1346	35 Sec. 4. To be eligible for appointment as a commissioner, an
1347	1347	36 individual must have the following qualifications:
1348	1348	37 (1) The individual may not be employed by the state in any
1349	1349	38 other capacity.
1350	1350	39 (2) The individual must have good moral character.
1351	1351	40 (3) The individual must have been a resident of Indiana for at
1352	1352	41 least ten (10) years immediately preceding the appointment.
1353	1353	42 Sec. 5. The governor shall appoint one (1) commissioner to serve
1354	1354	2024 IN 99—LS 6236/DI 106 32
1355	1355	1 as chairperson of the ICC board, and one (1) commissioner to
1356	1356	2 serve as vice chairperson. The vice chairperson shall act as the
1357	1357	3 chairperson if the chairperson is unable to attend a meeting of the
1358	1358	4 ICC board. The chairperson and vice chairperson serve at the
1359	1359	5 pleasure of the governor.
1360	1360	6 Sec. 6. A commissioner appointed to fill a vacancy in the
1361	1361	7 membership of the ICC board shall serve only for the remainder
1362	1362	8 of the unexpired term. In all other respects, an appointment to fill
1363	1363	9 a vacancy shall be made in the same manner that an original
1364	1364	10 appointment is made.
1365	1365	11 Sec. 7. (a) As compensation for services, each commissioner is
1366	1366	12 entitled to the minimum salary per diem provided by
1367	1367	13 IC 4-10-11-2.1(b). A commissioner is also entitled to
1368	1368	14 reimbursement for traveling expenses as provided under
1369	1369	15 IC 4-13-1-4 and other expenses actually incurred in connection
1370	1370	16 with the commissioner's duties as provided in the state policies and
1371	1371	17 procedures established by the Indiana department of
1372	1372	18 administration and approved by the budget agency.
1373	1373	19 (b) The expenses of the ICC board shall be paid from funds
1374	1374	20 appropriated to the regulatory agency.
1375	1375	21 Sec. 8. Each commissioner shall execute:
1376	1376	22 (1) a surety bond in the amount of ten thousand dollars
1377	1377	23 ($10,000), with surety approved by the governor; and
1378	1378	24 (2) an oath of office.
1379	1379	25 The surety bond and the oath of office shall be filed in the office of
1380	1380	26 the secretary of state.
1381	1381	27 Sec. 9. The required surety bond executed and filed on behalf of
1382	1382	28 a commissioner shall be made payable to the state of Indiana and
1383	1383	29 conditioned upon the faithful discharge of the commissioner's
1384	1384	30 duties.
1385	1385	31 Sec. 10. The ICC board shall hold meetings at the call of the
1386	1386	32 chairperson. The ICC board may establish rules governing
1387	1387	33 meetings.
1388	1388	34 Sec. 11. (a) Two (2) ICC commissioners constitute a quorum for
1389	1389	35 the transaction of business.
1390	1390	36 (b) Each commissioner has one (1) vote.
1391	1391	37 (c) Action of the ICC board may be taken only upon the
1392	1392	38 affirmative votes of at least two (2) commissioners.
1393	1393	39 Sec. 12. An ICC commissioner may not solicit or accept a
1394	1394	40 political contribution from a patient, a caregiver, or any individual
1395	1395	41 or entity that has a permit or has applied for a permit issued by the
1396	1396	42 ICC. However, the right of a commissioner to vote as the
1397	1397	2024 IN 99—LS 6236/DI 106 33
1398	1398	1 commissioner chooses and to express the commissioner's opinions
1399	1399	2 on political subjects and candidates may not be impaired.
1400	1400	3 Chapter 3. Employees and Administration
1401	1401	4 Sec. 1. (a) The ICC board shall appoint an executive director to
1402	1402	5 assist the ICC in the efficient administration of its powers and
1403	1403	6 duties.
1404	1404	7 (b) The ICC board shall fix the salary of the executive director,
1405	1405	8 subject to the approval of the budget agency.
1406	1406	9 Sec. 2. The ICC has the power to employ all necessary
1407	1407	10 employees, determine their duties, and, subject to the approval of
1408	1408	11 the ICC board and the budget agency, fix their salaries.
1409	1409	12 Chapter 4. Powers and Duties
1410	1410	13 Sec. 1. The chairperson is the presiding officer at the meetings
1411	1411	14 of the ICC board. The chairperson, together with the executive
1412	1412	15 director, shall prepare, certify, and authenticate all proceedings,
1413	1413	16 minutes, records, rules, and regulations of the ICC board. The
1414	1414	17 chairperson shall also perform all other duties as imposed on the
1415	1415	18 chairperson by this title.
1416	1416	19 Sec. 2. The ICC has the power to organize its work, to enforce
1417	1417	20 and administer this article and IC 7.1-8, and to enforce and
1418	1418	21 administer the rules adopted by the ICC.
1419	1419	22 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to prescribe
1420	1420	23 the forms for all applications, documents, permits, patient or
1421	1421	24 caregiver identification cards, and licenses used in the
1422	1422	25 administration of this article and IC 7.1-8.
1423	1423	26 Sec. 4. The ICC has the following powers:
1424	1424	27 (1) To hold hearings before the ICC or its representative.
1425	1425	28 (2) To take testimony and receive evidence.
1426	1426	29 (3) To conduct inquiries with or without a hearing.
1427	1427	30 (4) To receive reports of investigators or other governmental
1428	1428	31 officers and employees.
1429	1429	32 (5) To administer oaths.
1430	1430	33 (6) To subpoena witnesses and to compel them to appear and
1431	1431	34 testify.
1432	1432	35 (7) To certify copies of records of the ICC or any other
1433	1433	36 document or record on file with the ICC.
1434	1434	37 (8) To fix the form, mode, manner, time, and number of times
1435	1435	38 for the posting or publication of any required notices if not
1436	1436	39 otherwise provided.
1437	1437	40 (9) To adopt rules under IC 4-22-2 to carry out this article
1438	1438	41 and IC 7.1-8.
1439	1439	42 Sec. 5. The ICC has the following duties:
1440	1440	2024 IN 99—LS 6236/DI 106 34
1441	1441	1 (1) To establish the cannabis program described in IC 7.1-8
1442	1442	2 and to adopt all necessary rules to implement the program.
1443	1443	3 (2) To implement protocols for the application and issuance
1444	1444	4 of a patient or caregiver identification card, including
1445	1445	5 protocols to:
1446	1446	6 (A) prevent fraud;
1447	1447	7 (B) ensure the accuracy of information contained in the
1448	1448	8 application; and
1449	1449	9 (C) protect the privacy of an applicant.
1450	1450	10 (3) To advise the general assembly concerning the
1451	1451	11 establishment of a program for the:
1452	1452	12 (A) manufacture;
1453	1453	13 (B) cultivation;
1454	1454	14 (C) advertising;
1455	1455	15 (D) transportation; and
1456	1456	16 (E) sale;
1457	1457	17 of cannabis.
1458	1458	18 (4) To encourage research concerning cannabis.
1459	1459	19 Chapter 5. Research and Development
1460	1460	20 Sec. 1. To permit and encourage research concerning cannabis:
1461	1461	21 (1) an accredited institution of higher education with a
1462	1462	22 physical presence in Indiana; and
1463	1463	23 (2) a pharmaceutical or agricultural business having a
1464	1464	24 research facility in Indiana;
1465	1465	25 may apply to the ICC for a license to conduct research concerning
1466	1466	26 cannabis.
1467	1467	27 Sec. 2. An application under this chapter must include the
1468	1468	28 following:
1469	1469	29 (1) The nature of the research project.
1470	1470	30 (2) The names of the individuals who will conduct the
1471	1471	31 research project.
1472	1472	32 (3) The approximate quantity of cannabis that will be used in
1473	1473	33 the research project.
1474	1474	34 (4) The security protocol to be implemented to ensure that
1475	1475	35 cannabis is not diverted for uses other than the research
1476	1476	36 project.
1477	1477	37 (5) Any other information required by the ICC.
1478	1478	38 Sec. 3. Upon receipt of a completed application, the ICC may
1479	1479	39 issue a research license to the accredited institution of higher
1480	1480	40 education or pharmaceutical or agricultural business. The research
1481	1481	41 license must specifically list the names of each individual
1482	1482	42 participating in the research project who will have custody or
1483	1483	2024 IN 99—LS 6236/DI 106 35
1484	1484	1 control of cannabis for research purposes and the approximate
1485	1485	2 quantity of the cannabis that will be used in the research project.
1486	1486	3 Sec. 4. The ICC may charge a reasonable fee for issuance of a
1487	1487	4 research license.
1488	1488	5 SECTION 7. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
1489	1489	6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1490	1490	7 JULY 1, 2024]: Sec. 1. (a) A person who operates a vehicle with an
1491	1491	8 alcohol concentration equivalent to at least eight-hundredths (0.08)
1492	1492	9 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
1493	1493	10 per:
1494	1494	11 (1) one hundred (100) milliliters of the person's blood; or
1495	1495	12 (2) two hundred ten (210) liters of the person's breath;
1496	1496	13 commits a Class C misdemeanor.
1497	1497	14 (b) A person who operates a vehicle with an alcohol concentration
1498	1498	15 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
1499	1499	16 (1) one hundred (100) milliliters of the person's blood; or
1500	1500	17 (2) two hundred ten (210) liters of the person's breath;
1501	1501	18 commits a Class A misdemeanor.
1502	1502	19 (c) A person who operates a vehicle with a controlled substance
1503	1503	20 listed in schedule I or II of IC 35-48-2 or its metabolite, not including
1504	1504	21 THC, in the person's blood commits a Class C misdemeanor.
1505	1505	22 (d) It is a defense to subsection (c) that:
1506	1506	23 (1) the accused person consumed the controlled substance in
1507	1507	24 accordance with a valid prescription or order of a practitioner (as
1508	1508	25 defined in IC 35-48-1) who acted in the course of the
1509	1509	26 practitioner's professional practice; or
1510	1510	27 (2) the:
1511	1511	28 (A) controlled substance is marijuana or a metabolite of
1512	1512	29 marijuana;
1513	1513	30 (B) person was not intoxicated;
1514	1514	31 (C) person did not cause a traffic accident; and
1515	1515	32 (D) substance was identified by means of a chemical test taken
1516	1516	33 pursuant to IC 9-30-7.
1517	1517	34 (e) A person who:
1518	1518	35 (1) operates a vehicle with at least five (5) nanograms per
1519	1519	36 milliliter of THC in the person's whole blood; and
1520	1520	37 (2) is impaired;
1521	1521	38 commits a Class C misdemeanor.
1522	1522	39 SECTION 8. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
1523	1523	40 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1524	1524	41 JULY 1, 2024]: Sec. 4. (a) A person who causes serious bodily injury
1525	1525	42 to another person when operating a vehicle:
1526	1526	2024 IN 99—LS 6236/DI 106 36
1527	1527	1 (1) with an alcohol concentration equivalent to at least
1528	1528	2 eight-hundredths (0.08) gram of alcohol per:
1529	1529	3 (A) one hundred (100) milliliters of the person's blood; or
1530	1530	4 (B) two hundred ten (210) liters of the person's breath;
1531	1531	5 (2) with a controlled substance listed in schedule I or II of
1532	1532	6 IC 35-48-2 or its metabolite, not including THC, in the person's
1533	1533	7 blood;
1534	1534	8 (3) with at least five (5) nanograms per milliliter of THC in
1535	1535	9 the person's whole blood; or
1536	1536	10 (3) (4) while intoxicated;
1537	1537	11 commits a Level 5 felony. However, the offense is a Level 4 felony if
1538	1538	12 the person has a previous conviction of operating while intoxicated
1539	1539	13 within the five (5) years preceding the commission of the offense.
1540	1540	14 (b) A person who violates subsection (a) commits a separate offense
1541	1541	15 for each person whose serious bodily injury is caused by the violation
1542	1542	16 of subsection (a).
1543	1543	17 (c) It is a defense under subsection (a)(2) that the accused person
1544	1544	18 consumed the controlled substance in accordance with a valid
1545	1545	19 prescription or order of a practitioner (as defined in IC 35-48-1) who
1546	1546	20 acted in the course of the practitioner's professional practice.
1547	1547	21 SECTION 9. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
1548	1548	22 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1549	1549	23 JULY 1, 2024]: Sec. 5. (a) A person who causes the death or
1550	1550	24 catastrophic injury of another person when operating a vehicle:
1551	1551	25 (1) with an alcohol concentration equivalent to at least
1552	1552	26 eight-hundredths (0.08) gram of alcohol per:
1553	1553	27 (A) one hundred (100) milliliters of the person's blood; or
1554	1554	28 (B) two hundred ten (210) liters of the person's breath;
1555	1555	29 (2) with a controlled substance listed in schedule I or II of
1556	1556	30 IC 35-48-2 or its metabolite, not including THC, in the person's
1557	1557	31 blood;
1558	1558	32 (3) with at least five (5) nanograms per milliliter of THC in
1559	1559	33 the person's whole blood; or
1560	1560	34 (3) (4) while intoxicated;
1561	1561	35 commits a Level 4 felony.
1562	1562	36 (b) A person who causes the death of a law enforcement animal (as
1563	1563	37 defined in IC 35-46-3-4.5) when operating a vehicle:
1564	1564	38 (1) with an alcohol concentration equivalent to at least
1565	1565	39 eight-hundredths (0.08) gram of alcohol per:
1566	1566	40 (A) one hundred (100) milliliters of the person's blood; or
1567	1567	41 (B) two hundred ten (210) liters of the person's breath; or
1568	1568	42 (2) with a controlled substance listed in schedule I or II of
1569	1569	2024 IN 99—LS 6236/DI 106 37
1570	1570	1 IC 35-48-2 or its metabolite, not including THC, in the person's
1571	1571	2 blood; or
1572	1572	3 (3) with at least five (5) nanograms per milliliter of THC in
1573	1573	4 the person's whole blood;
1574	1574	5 commits a Level 6 felony.
1575	1575	6 (c) A person who commits an offense under subsection (a) or (b)
1576	1576	7 commits a separate offense for each person or law enforcement animal
1577	1577	8 whose death (or catastrophic injury, in the case of a person) is caused
1578	1578	9 by the violation of subsection (a) or (b).
1579	1579	10 (d) It is a defense under subsection (a) or (b) that the person accused
1580	1580	11 of causing the death or catastrophic injury of another person or the
1581	1581	12 death of a law enforcement animal when operating a vehicle with a
1582	1582	13 controlled substance listed in schedule I or II of IC 35-48-2 or its
1583	1583	14 metabolite in the person's blood consumed the controlled substance in
1584	1584	15 accordance with a valid prescription or order of a practitioner (as
1585	1585	16 defined in IC 35-48-1) who acted in the course of the practitioner's
1586	1586	17 professional practice.
1587	1587	18 SECTION 10. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
1588	1588	19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1589	1589	20 JULY 1, 2024]: Sec. 6. (a) A physician, a person trained in retrieving
1590	1590	21 contraband or obtaining bodily substance samples and acting under the
1591	1591	22 direction of or under a protocol prepared by a physician, or a licensed
1592	1592	23 health care professional acting within the professional's scope of
1593	1593	24 practice and under the direction of or under a protocol prepared by a
1594	1594	25 physician, who:
1595	1595	26 (1) obtains a blood, urine, or other bodily substance sample from
1596	1596	27 a person, regardless of whether the sample is taken for diagnostic
1597	1597	28 purposes or at the request of a law enforcement officer under this
1598	1598	29 section;
1599	1599	30 (2) performs a chemical test on blood, urine, or other bodily
1600	1600	31 substance obtained from a person; or
1601	1601	32 (3) searches for or retrieves contraband from the body cavity of an
1602	1602	33 individual;
1603	1603	34 shall deliver the sample or contraband or disclose the results of the test
1604	1604	35 to a law enforcement officer who requests the sample, contraband, or
1605	1605	36 results as a part of a criminal investigation. Samples, contraband, and
1606	1606	37 test results shall be provided to a law enforcement officer even if the
1607	1607	38 person has not consented to or otherwise authorized their release.
1608	1608	39 (b) A physician, a licensed health care professional, a hospital, or an
1609	1609	40 agent of a physician or hospital is not civilly or criminally liable for any
1610	1610	41 of the following:
1611	1611	42 (1) Disclosing test results in accordance with this section.
1612	1612	2024 IN 99—LS 6236/DI 106 38
1613	1613	1 (2) Delivering contraband, or a blood, urine, or other bodily
1614	1614	2 substance sample in accordance with this section.
1615	1615	3 (3) Searching for or retrieving contraband or obtaining a blood,
1616	1616	4 urine, or other bodily substance sample in accordance with this
1617	1617	5 section.
1618	1618	6 (4) Disclosing to the prosecuting attorney or the deputy
1619	1619	7 prosecuting attorney for use at or testifying at the criminal trial of
1620	1620	8 the person as to facts observed or opinions formed.
1621	1621	9 (5) Failing to treat a person from whom contraband is retrieved or
1622	1622	10 a blood, urine, or other bodily substance sample is obtained at the
1623	1623	11 request of a law enforcement officer if the person declines
1624	1624	12 treatment.
1625	1625	13 (6) Injury to a person arising from the performance of duties in
1626	1626	14 good faith under this section. However, immunity does not apply
1627	1627	15 if the physician, licensed health care professional, hospital, or
1628	1628	16 agent of a physician or hospital acts with gross negligence or
1629	1629	17 willful or wanton misconduct.
1630	1630	18 (c) For the purposes of a criminal proceeding:
1631	1631	19 (1) the privileges arising from a patient-physician relationship do
1632	1632	20 not apply to the contraband, samples, test results, or testimony
1633	1633	21 described in this section; and
1634	1634	22 (2) contraband, samples, test results, and testimony may be
1635	1635	23 admitted in a proceeding in accordance with the applicable rules
1636	1636	24 of evidence.
1637	1637	25 (d) The exceptions to the patient-physician relationship specified in
1638	1638	26 subsection (c) do not affect those relationships in a proceeding that is
1639	1639	27 not a criminal proceeding.
1640	1640	28 (e) The contraband, test results, and samples obtained by a law
1641	1641	29 enforcement officer under subsection (a) may be disclosed only to a
1642	1642	30 prosecuting attorney or a deputy prosecuting attorney for use as
1643	1643	31 evidence in a criminal proceeding.
1644	1644	32 (f) This section does not require a physician or a person under the
1645	1645	33 direction of a physician to perform a chemical test or to retrieve
1646	1646	34 contraband.
1647	1647	35 (g) If the person:
1648	1648	36 (1) from whom the contraband is to be retrieved or the bodily
1649	1649	37 substance sample is to be obtained under this section does not
1650	1650	38 consent; and
1651	1651	39 (2) resists the retrieval of the contraband or the taking of a
1652	1652	40 sample;
1653	1653	41 the law enforcement officer may use reasonable force to assist an
1654	1654	42 individual, who must be authorized under this section to retrieve
1655	1655	2024 IN 99—LS 6236/DI 106 39
1656	1656	1 contraband or obtain a sample, in the retrieval of the contraband or the
1657	1657	2 taking of the sample.
1658	1658	3 (h) The person authorized under this section to retrieve contraband
1659	1659	4 or obtain a bodily substance sample shall take the sample or retrieve
1660	1660	5 the contraband in a medically accepted manner.
1661	1661	6 (i) This subsection does not apply to contraband retrieved or a
1662	1662	7 bodily substance sample taken at a licensed hospital (as defined in
1663	1663	8 IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
1664	1664	9 may transport the person to a place where the contraband may be
1665	1665	10 retrieved or the sample may be obtained by any of the following
1666	1666	11 persons who are trained in retrieving contraband or obtaining bodily
1667	1667	12 substance samples and who have been engaged to retrieve contraband
1668	1668	13 or obtain samples under this section:
1669	1669	14 (1) A physician holding an unlimited license to practice medicine
1670	1670	15 or osteopathy.
1671	1671	16 (2) A registered nurse.
1672	1672	17 (3) A licensed practical nurse.
1673	1673	18 (4) An advanced emergency medical technician (as defined in
1674	1674	19 IC 16-18-2-6.5).
1675	1675	20 (5) A paramedic (as defined in IC 16-18-2-266).
1676	1676	21 (6) Except as provided in subsections (j) through (k), any other
1677	1677	22 person qualified through training, experience, or education to
1678	1678	23 retrieve contraband or obtain a bodily substance sample.
1679	1679	24 (j) A law enforcement officer may not retrieve contraband or obtain
1680	1680	25 a bodily substance sample under this section if the contraband is to be
1681	1681	26 retrieved or the sample is to be obtained from another law enforcement
1682	1682	27 officer as a result of the other law enforcement officer's involvement in
1683	1683	28 an accident or alleged crime.
1684	1684	29 (k) A law enforcement officer who is otherwise qualified to obtain
1685	1685	30 a bodily substance sample under this section may obtain a bodily
1686	1686	31 substance sample from a person involved in an accident or alleged
1687	1687	32 crime who is not a law enforcement officer only if:
1688	1688	33 (1) the officer obtained a bodily substance sample from an
1689	1689	34 individual as part of the officer's official duties as a law
1690	1690	35 enforcement officer; and
1691	1691	36 (2) the:
1692	1692	37 (A) person consents to the officer obtaining a bodily substance
1693	1693	38 sample; or
1694	1694	39 (B) obtaining of the bodily substance sample is authorized by
1695	1695	40 a search warrant.
1696	1696	41 (l) A physician or a person trained in obtaining bodily samples who
1697	1697	42 is acting under the direction of or under a protocol prepared by a
1698	1698	2024 IN 99—LS 6236/DI 106 40
1699	1699	1 physician shall obtain a blood sample if the following conditions are
1700	1700	2 satisfied:
1701	1701	3 (1) A law enforcement officer requests that the sample be
1702	1702	4 obtained.
1703	1703	5 (2) The law enforcement officer has certified in writing the
1704	1704	6 following:
1705	1705	7 (A) That the officer has probable cause to believe the person
1706	1706	8 from whom the sample is to be obtained has violated
1707	1707	9 IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2),
1708	1708	10 IC 35-46-9-6(c)(2), or IC 35-46-9-6(c). IC 35-46-9-6(d).
1709	1709	11 (B) That the offense resulting in a criminal investigation
1710	1710	12 described in subsection (a) occurred not more than three (3)
1711	1711	13 hours before the time the sample is requested.
1712	1712	14 (C) That exigent circumstances exist that create pressing
1713	1713	15 health, safety, or law enforcement needs that would take
1714	1714	16 priority over a warrant application.
1715	1715	17 (3) Not more than the use of reasonable force is necessary to
1716	1716	18 obtain the sample.
1717	1717	19 SECTION 11. IC 35-38-9-1.5 IS ADDED TO THE INDIANA
1718	1718	20 CODE AS A NEW SECTION TO READ AS FOLLOWS
1719	1719	21 [EFFECTIVE JULY 1, 2024]: Sec. 1.5. (a) This section applies only
1720	1720	22 to a person convicted of one (1) or more of the following offenses
1721	1721	23 if the act constituting the offense is now permitted under
1722	1722	24 IC 7.1-8-3:
1723	1723	25 (1) IC 35-48-4-8.3 (possession of paraphernalia).
1724	1724	26 (2) IC 35-48-4-8.5 (dealing in paraphernalia).
1725	1725	27 (3) IC 35-48-4-10 (dealing in marijuana).
1726	1726	28 (4) IC 35-48-4-11 (possession of marijuana).
1727	1727	29 (b) A person to whom this section applies may petition a court
1728	1728	30 to expunge all conviction records, including records contained in:
1729	1729	31 (1) a court's files;
1730	1730	32 (2) the files of the department of correction;
1731	1731	33 (3) the files of the bureau of motor vehicles; and
1732	1732	34 (4) the files of any other person who provided treatment or
1733	1733	35 services to the petitioning person under a court order;
1734	1734	36 that relate to the person's conviction, including records of a
1735	1735	37 collateral action.
1736	1736	38 (c) A petition for expungement of records must be verified and
1737	1737	39 filed in a circuit or superior court in the county of conviction. The
1738	1738	40 petition must set forth:
1739	1739	41 (1) the date of the conviction;
1740	1740	42 (2) the county of conviction;
1741	1741	2024 IN 99—LS 6236/DI 106 41
1742	1742	1 (3) the court that entered the conviction;
1743	1743	2 (4) any other known identifying information, such as:
1744	1744	3 (A) the name of the arresting officer;
1745	1745	4 (B) the case number or court cause number;
1746	1746	5 (C) any aliases or other names used by the petitioner;
1747	1747	6 (D) the petitioner's driver's license number; and
1748	1748	7 (E) a list of each criminal charge and its disposition, if
1749	1749	8 applicable;
1750	1750	9 (5) the date of the petitioner's birth; and
1751	1751	10 (6) the petitioner's Social Security number.
1752	1752	11 A person who files a petition under this section is not required to
1753	1753	12 pay a filing fee.
1754	1754	13 (d) The court shall serve a copy of the petition on the
1755	1755	14 prosecuting attorney.
1756	1756	15 (e) Upon receipt of a petition for expungement, the court:
1757	1757	16 (1) may summarily deny the petition if the petition does not
1758	1758	17 meet the requirements of this section, or if the statements
1759	1759	18 contained in the petition indicate that the petitioner is not
1760	1760	19 entitled to relief; and
1761	1761	20 (2) shall grant the petition unless the conditions described in
1762	1762	21 subsection (a) have not been met.
1763	1763	22 (f) Whenever the petition of a person under this section is
1764	1764	23 granted:
1765	1765	24 (1) no information concerning the conviction (including
1766	1766	25 information from a collateral action that identifies the
1767	1767	26 petitioner) may be placed or retained in any state central
1768	1768	27 repository for criminal history information or in any other
1769	1769	28 alphabetically arranged criminal history information system
1770	1770	29 maintained by a local, regional, or statewide law enforcement
1771	1771	30 agency;
1772	1772	31 (2) the clerk of the supreme court shall seal or redact any
1773	1773	32 records in the clerk's possession that relate to the vacated
1774	1774	33 conviction;
1775	1775	34 (3) the records of:
1776	1776	35 (A) the sentencing court;
1777	1777	36 (B) a court that conducted a collateral action;
1778	1778	37 (C) a court of appeals; and
1779	1779	38 (D) the supreme court;
1780	1780	39 concerning the person shall be redacted or permanently
1781	1781	40 sealed; and
1782	1782	41 (4) with respect to the records of a person who is named as an
1783	1783	42 appellant or an appellee in an opinion or memorandum
1784	1784	2024 IN 99—LS 6236/DI 106 42
1785	1785	1 decision by the supreme court or the court of appeals, or who
1786	1786	2 is identified in a collateral action, the court shall:
1787	1787	3 (A) redact the opinion or memorandum decision as it
1788	1788	4 appears on the computer gateway administered by the
1789	1789	5 office of technology so that it does not include the
1790	1790	6 petitioner's name (in the same manner that opinions
1791	1791	7 involving juveniles are redacted); and
1792	1792	8 (B) provide a redacted copy of the opinion to any publisher
1793	1793	9 or organization to whom the opinion or memorandum
1794	1794	10 decision is provided after the date of the order of
1795	1795	11 expungement.
1796	1796	12 The supreme court and the court of appeals are not required to
1797	1797	13 redact, destroy, or otherwise dispose of any existing copy of an
1798	1798	14 opinion or memorandum decision that includes the petitioner's
1799	1799	15 name.
1800	1800	16 (g) If the court issues an order granting a petition for
1801	1801	17 expungement under this section, the order must include the
1802	1802	18 information described in subsection (f).
1803	1803	19 (h) If a person whose records are expunged brings an action that
1804	1804	20 might be defended with the contents of the expunged records, the
1805	1805	21 defendant is presumed to have a complete defense to the action. In
1806	1806	22 order for the plaintiff to recover, the plaintiff must show that the
1807	1807	23 contents of the expunged records would not exonerate the
1808	1808	24 defendant. The plaintiff may be required to state under oath
1809	1809	25 whether the plaintiff had records in the criminal or juvenile justice
1810	1810	26 system and whether those records were expunged. If the plaintiff
1811	1811	27 denies the existence of the records, the defendant may prove their
1812	1812	28 existence in any manner compatible with the law of evidence.
1813	1813	29 SECTION 12. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
1814	1814	30 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1815	1815	31 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (b) and
1816	1816	32 (c) and (d), a person who operates a motorboat while:
1817	1817	33 (1) having an alcohol concentration equivalent (as defined in
1818	1818	34 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
1819	1819	35 per:
1820	1820	36 (A) one hundred (100) milliliters of the person's blood; or
1821	1821	37 (B) two hundred ten (210) liters of the person's breath;
1822	1822	38 (2) having a controlled substance listed in schedule I or II of
1823	1823	39 IC 35-48-2 or its metabolite, not including THC, in the person's
1824	1824	40 body; or
1825	1825	41 (3) intoxicated;
1826	1826	42 commits a Class C misdemeanor.
1827	1827	2024 IN 99—LS 6236/DI 106 43
1828	1828	1 (b) A person who:
1829	1829	2 (1) operates a vehicle with at least five (5) nanograms per
1830	1830	3 milliliter of THC in the person's whole blood; and
1831	1831	4 (2) is impaired;
1832	1832	5 commits a Class C misdemeanor.
1833	1833	6 (b) (c) The offense under subsection (a) or (b) is a Level 6 felony
1834	1834	7 if:
1835	1835	8 (1) the person has a previous conviction under:
1836	1836	9 (A) IC 14-1-5 (repealed);
1837	1837	10 (B) IC 14-15-8-8 (repealed); or
1838	1838	11 (C) this chapter; or
1839	1839	12 (2) the offense results in serious bodily injury to another person.
1840	1840	13 (c) (d) The offense under subsection (a) or (b) is a Level 5 felony
1841	1841	14 if the offense results in the death or catastrophic injury of another
1842	1842	15 person.
1843	1843	16 (d) (e) It is a defense to a prosecution under subsection (a)(2) that
1844	1844	17 the accused person consumed the controlled substance in accordance
1845	1845	18 with a valid prescription or order of a practitioner (as defined in
1846	1846	19 IC 35-48-1-24) who acted in the course of the practitioner's
1847	1847	20 professional practice.
1848	1848	21 SECTION 13. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
1849	1849	22 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1850	1850	23 JULY 1, 2024]: Sec. 8.3. (a) This section does not apply to:
1851	1851	24 (1) a rolling paper; or
1852	1852	25 (2) a person, including an adult cannabis user, patient,
1853	1853	26 caregiver, cannabis organization, research facility, or
1854	1854	27 transporter described in IC 7.1-8, if the person is in
1855	1855	28 substantial compliance with the requirements of IC 7.1-8.
1856	1856	29 (b) A person who knowingly or intentionally possesses an
1857	1857	30 instrument, a device, or another object that the person intends to use
1858	1858	31 for:
1859	1859	32 (1) introducing into the person's body a controlled substance;
1860	1860	33 (2) testing the strength, effectiveness, or purity of a controlled
1861	1861	34 substance; or
1862	1862	35 (3) enhancing the effect of a controlled substance;
1863	1863	36 commits a Class C misdemeanor. However, the offense is a Class A
1864	1864	37 misdemeanor if the person has a prior unrelated judgment or conviction
1865	1865	38 under this section.
1866	1866	39 SECTION 14. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
1867	1867	40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1868	1868	41 JULY 1, 2024]: Sec. 8.5. (a) A person who keeps for sale, offers for
1869	1869	42 sale, delivers, or finances the delivery of a raw material, an instrument,
1870	1870	2024 IN 99—LS 6236/DI 106 44
1871	1871	1 a device, or other object that is intended to be or that is designed or
1872	1872	2 marketed to be used primarily for:
1873	1873	3 (1) ingesting, inhaling, or otherwise introducing into the human
1874	1874	4 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
1875	1875	5 controlled substance;
1876	1876	6 (2) testing the strength, effectiveness, or purity of marijuana, hash
1877	1877	7 oil, hashish, salvia, a synthetic drug, or a controlled substance;
1878	1878	8 (3) enhancing the effect of a controlled substance;
1879	1879	9 (4) manufacturing, compounding, converting, producing,
1880	1880	10 processing, or preparing marijuana, hash oil, hashish, salvia, a
1881	1881	11 synthetic drug, or a controlled substance;
1882	1882	12 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
1883	1883	13 synthetic drug, or a controlled substance by individuals; or
1884	1884	14 (6) any purpose announced or described by the seller that is in
1885	1885	15 violation of this chapter;
1886	1886	16 commits a Class A infraction for dealing in paraphernalia.
1887	1887	17 (b) A person who knowingly or intentionally violates subsection (a)
1888	1888	18 commits a Class A misdemeanor. However, the offense is a Level 6
1889	1889	19 felony if the person has a prior unrelated judgment or conviction under
1890	1890	20 this section.
1891	1891	21 (c) This section does not apply to the following:
1892	1892	22 (1) Items marketed for use in the preparation, compounding,
1893	1893	23 packaging, labeling, or other use of marijuana, hash oil, hashish,
1894	1894	24 salvia, a synthetic drug, or a controlled substance as an incident
1895	1895	25 to lawful research, teaching, or chemical analysis and not for sale.
1896	1896	26 (2) Items marketed for or historically and customarily used in
1897	1897	27 connection with the planting, propagating, cultivating, growing,
1898	1898	28 harvesting, manufacturing, compounding, converting, producing,
1899	1899	29 processing, preparing, testing, analyzing, packaging, repackaging,
1900	1900	30 storing, containing, concealing, injecting, ingesting, or inhaling
1901	1901	31 of tobacco or any other lawful substance.
1902	1902	32 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
1903	1903	33 a syringe or needle as part of a program under IC 16-41-7.5.
1904	1904	34 (4) Any entity or person that provides funding to a qualified entity
1905	1905	35 (as defined in IC 16-41-7.5-3) to operate a program described in
1906	1906	36 IC 16-41-7.5.
1907	1907	37 (5) A person, including an adult cannabis user, patient,
1908	1908	38 caregiver, cannabis organization, research facility, or
1909	1909	39 transporter described in IC 7.1-8, if the person is in
1910	1910	40 substantial compliance with the requirements of IC 7.1-8.
1911	1911	41 SECTION 15. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
1912	1912	42 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1913	1913	2024 IN 99—LS 6236/DI 106 45
1914	1914	1 JULY 1, 2024]: Sec. 10. (a) A person who:
1915	1915	2 (1) knowingly or intentionally:
1916	1916	3 (A) manufactures;
1917	1917	4 (B) finances the manufacture of;
1918	1918	5 (C) delivers; or
1919	1919	6 (D) finances the delivery of;
1920	1920	7 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
1921	1921	8 (2) possesses, with intent to:
1922	1922	9 (A) manufacture;
1923	1923	10 (B) finance the manufacture of;
1924	1924	11 (C) deliver; or
1925	1925	12 (D) finance the delivery of;
1926	1926	13 marijuana, hash oil, hashish, or salvia, pure or adulterated;
1927	1927	14 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
1928	1928	15 misdemeanor, except as provided in subsections (b) through (d).
1929	1929	16 (b) A person may be convicted of an offense under subsection (a)(2)
1930	1930	17 only if:
1931	1931	18 (1) there is evidence in addition to the weight of the drug that the
1932	1932	19 person intended to manufacture, finance the manufacture of,
1933	1933	20 deliver, or finance the delivery of the drug; or
1934	1934	21 (2) the amount of the drug involved is at least:
1935	1935	22 (A) ten (10) pounds, if the drug is marijuana; or
1936	1936	23 (B) three hundred (300) grams, if the drug is hash oil, hashish,
1937	1937	24 or salvia.
1938	1938	25 (c) The offense is a Level 6 felony if:
1939	1939	26 (1) the person has a prior conviction for a drug offense and the
1940	1940	27 amount of the drug involved is:
1941	1941	28 (A) less than thirty (30) grams of marijuana; or
1942	1942	29 (B) less than five (5) grams of hash oil, hashish, or salvia; or
1943	1943	30 (2) the amount of the drug involved is:
1944	1944	31 (A) at least thirty (30) grams but less than ten (10) pounds of
1945	1945	32 marijuana; or
1946	1946	33 (B) at least five (5) grams but less than three hundred (300)
1947	1947	34 grams of hash oil, hashish, or salvia.
1948	1948	35 (d) The offense is a Level 5 felony if:
1949	1949	36 (1) the person has a prior conviction for a drug dealing offense
1950	1950	37 and the amount of the drug involved is:
1951	1951	38 (A) at least thirty (30) grams but less than ten (10) pounds of
1952	1952	39 marijuana; or
1953	1953	40 (B) at least five (5) grams but less than three hundred (300)
1954	1954	41 grams of hash oil, hashish, or salvia;
1955	1955	42 (2) the:
1956	1956	2024 IN 99—LS 6236/DI 106 46
1957	1957	1 (A) amount of the drug involved is:
1958	1958	2 (i) at least ten (10) pounds of marijuana; or
1959	1959	3 (ii) at least three hundred (300) grams of hash oil, hashish,
1960	1960	4 or salvia; or
1961	1961	5 (B) offense involved a sale to a minor; or
1962	1962	6 (3) the:
1963	1963	7 (A) person is a retailer;
1964	1964	8 (B) marijuana, hash oil, hashish, or salvia is packaged in a
1965	1965	9 manner that appears to be low THC hemp extract; and
1966	1966	10 (C) person knew or reasonably should have known that the
1967	1967	11 product was marijuana, hash oil, hashish, or salvia.
1968	1968	12 (e) This section does not apply to a person, including an adult
1969	1969	13 cannabis user, patient, caregiver, cannabis organization, research
1970	1970	14 facility, or transporter described in IC 7.1-8, if the person is in
1971	1971	15 substantial compliance with the requirements of IC 7.1-8.
1972	1972	16 SECTION 16. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
1973	1973	17 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1974	1974	18 JULY 1, 2024]: Sec. 11. (a) A person who:
1975	1975	19 (1) knowingly or intentionally possesses (pure or adulterated)
1976	1976	20 marijuana, hash oil, hashish, or salvia;
1977	1977	21 (2) knowingly or intentionally grows or cultivates marijuana; or
1978	1978	22 (3) knowing that marijuana is growing on the person's premises,
1979	1979	23 fails to destroy the marijuana plants;
1980	1980	24 commits possession of marijuana, hash oil, hashish, or salvia, a Class
1981	1981	25 B misdemeanor, except as provided in subsections (b) through (c).
1982	1982	26 (b) The offense described in subsection (a) is a Class A
1983	1983	27 misdemeanor if:
1984	1984	28 (1) the person has a prior conviction for a drug offense; or
1985	1985	29 (2) the:
1986	1986	30 (A) marijuana, hash oil, hashish, or salvia is packaged in a
1987	1987	31 manner that appears to be low THC hemp extract; and
1988	1988	32 (B) person knew or reasonably should have known that the
1989	1989	33 product was marijuana, hash oil, hashish, or salvia.
1990	1990	34 (c) The offense described in subsection (a) is a Level 6 felony if:
1991	1991	35 (1) the person has a prior conviction for a drug offense; and
1992	1992	36 (2) the person possesses:
1993	1993	37 (A) at least thirty (30) grams of marijuana; or
1994	1994	38 (B) at least five (5) grams of hash oil, hashish, or salvia.
1995	1995	39 (d) This section does not apply to a person, including an adult
1996	1996	40 cannabis user, patient, caregiver, cannabis organization, research
1997	1997	41 facility, or transporter described in IC 7.1-8, if the person is in
1998	1998	42 substantial compliance with the requirements of IC 7.1-8.
1999	1999	2024 IN 99—LS 6236/DI 106