Indiana Senate Bill SB0099 Latest Draft

                             
Introduced Version
SENATE BILL No. 99
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 2-5-41.1; IC 6-2.5-5-58; IC 6-7; IC 7.1-8;
IC 7.1-9; IC 9-30; IC 35-38-9-1.5; IC 35-46-9-6; IC 35-48-4.
Synopsis:  Cannabis regulation. Permits the use of cannabis by: (1) a
person at least 21 years of age; and (2) a person with a serious medical
condition as determined by the person's physician. Establishes the adult
use cannabis excise tax, and requires a retailer to transfer the tax to the
department of state revenue for deposit in the state general fund.
Exempts veterans from payment of the sales tax on medical or adult use
cannabis. Establishes a cannabis program (program) to permit the
cultivation, processing, testing, transportation, and sale of cannabis by
holders of a valid permit. Establishes the Indiana cannabis commission
(ICC) as a state agency to oversee, implement, and enforce the
program, and establishes the ICC advisory committee to review the
effectiveness of the program. Requires that permit holders take steps
to prevent diversion of cannabis to unauthorized persons. Requires that
cannabis and cannabis products be properly labeled, placed in child
resistant packaging, and tested by an independent testing laboratory
before being made available for purchase. Prohibits packaging
cannabis in a manner that is appealing to children. Authorizes research
on cannabis in accordance with rules set forth by the ICC. Establishes
a procedure for the expungement of a cannabis related conviction if the
act constituting the conviction becomes legal. Makes conforming
amendments.
Effective:  July 1, 2024.
Pol Jr.
January 8, 2024, read first time and referred to Committee on Commerce and Technology.
2024	IN 99—LS 6236/DI 106 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 99
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-41.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]:
4 Chapter 41.1. ICC Advisory Committee
5 Sec. 1. The following definitions apply throughout this chapter:
6 (1) "Advisory committee" means the ICC advisory committee
7 established by section 2 of this chapter.
8 (2) "ICC" means the Indiana cannabis commission
9 established by IC 7.1-9-2-1.
10 Sec. 2. The ICC advisory committee is established to serve the
11 general assembly as a continuing committee. Except as otherwise
12 provided by this chapter, the advisory committee shall operate
13 under the rules of the legislative council.
14 Sec. 3. (a) The advisory committee consists of the following four
15 (4) voting members and eight (8) nonvoting members:
16 (1) One (1) legislative member, appointed as a voting member
17 by the speaker.
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1 (2) One (1) legislative member, appointed as a voting member
2 by the minority leader of the house of representatives.
3 (3) One (1) legislative member, appointed as a voting member
4 by the president pro tempore.
5 (4) One (1) legislative member, appointed as a voting member
6 by the minority leader of the senate.
7 (5) One (1) representative of law enforcement, appointed as a
8 nonvoting member by the speaker.
9 (6) One (1) individual having experience in the treatment of
10 medical conditions by means of cannabis as a patient,
11 physician, or caregiver, appointed as a nonvoting member by
12 the president pro tempore.
13 (7) The commissioner of the department of state revenue or
14 the commissioner's designee, who serves as a nonvoting
15 member.
16 (8) The director of the Indiana state department of
17 agriculture or the director's designee, who serves as a
18 nonvoting member.
19 (9) The state health commissioner or the commissioner's
20 designee, who serves as a nonvoting member.
21 (10) A representative of an Indiana based cannabis trade
22 organization, appointed by the speaker as a nonvoting
23 member.
24 (11) A representative of an experienced manufacturer of low
25 THC hemp extract, appointed by the president pro tempore
26 as a nonvoting member.
27 (12) An experienced hemp grower, appointed by the state seed
28 commissioner as a nonvoting member.
29 (b) The chairperson of the legislative council shall annually
30 select one (1) of the voting members to serve as chairperson of the
31 advisory committee. Whenever there is a new chairperson of the
32 legislative council, that chairperson may select a new voting
33 member to serve as chairperson of the advisory committee. The
34 chairperson of the advisory committee serves at the pleasure of the
35 chairperson of the legislative council.
36 Sec. 4. (a) Except as otherwise provided in this chapter, the term
37 of a member of the advisory committee ends on June 30 of the next
38 odd-numbered year following the member's appointment.
39 However, the member may be reappointed to subsequent terms.
40 (b) A member of the advisory committee may be removed at any
41 time by the appointing authority who appointed the member.
42 (c) If a vacancy exists on the advisory committee, the appointing
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1 authority who appointed the former member whose position has
2 become vacant shall appoint an individual to fill the vacancy. An
3 individual appointed to fill a vacancy serves for the remainder of
4 the term of the former member.
5 (d) If a member of the advisory committee ceases to:
6 (1) be a member of the chamber from which the member was
7 appointed; or
8 (2) hold the member's office;
9 the member ceases to be a member of the advisory committee.
10 Sec. 5. Each member of the advisory committee is entitled to
11 receive the same per diem, mileage, and travel allowances paid to
12 individuals who serve as legislative and lay members, respectively,
13 of interim study committees established by the legislative council.
14 Sec. 6. (a) The advisory committee shall meet at the call of the
15 chairperson.
16 (b) Seven (7) members of the advisory committee constitute a
17 quorum if at least three (3) of the members present are voting
18 members.
19 (c) The affirmative vote of a majority of the voting members
20 appointed to the advisory committee is required for the advisory
21 committee to take action on any measure, including final reports.
22 Sec. 7. The advisory committee shall do the following, as
23 applicable:
24 (1) Review rules adopted by the ICC.
25 (2) Review legislative proposals suggested by the ICC.
26 (3) Evaluate the cannabis research and development program
27 under IC 7.1-9-5.
28 (4) Evaluate the operation of the medical and adult use
29 cannabis programs.
30 (5) Consider any other matter that has bearing on the
31 operation of the medical and adult use cannabis programs.
32 Sec. 8. All meetings of the advisory committee are open to the
33 public in accordance with and subject to IC 5-14-1.5. All records
34 of the advisory committee are subject to the requirements of
35 IC 5-14-3.
36 Sec. 9. The legislative services agency shall staff the advisory
37 committee.
38 Sec. 10. All funds necessary to carry out this chapter shall be
39 paid from appropriations to the legislative council and the
40 legislative services agency.
41 SECTION 2. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
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1 1, 2024]: Sec. 58. Transactions involving medical cannabis (as
2 defined in IC 7.1-8-1-1) and adult use cannabis (as defined in
3 IC 7.1-8-1-1) are exempt from the state gross retail tax if the
4 person acquiring the cannabis is a veteran (as defined in
5 IC 23-14-54.5-5).
6 SECTION 3. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2024].
7 (Controlled Substance Excise Tax).
8 SECTION 4. IC 6-7-5 IS ADDED TO THE INDIANA CODE AS
9 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2024]:
11 Chapter 5. Adult Use Cannabis Excise Tax
12 Sec. 1. The following definitions apply throughout this chapter:
13 (1) "Adult use cannabis" has the meaning set forth in
14 IC 7.1-8-1-1.
15 (2) "Department" means the department of state revenue.
16 (3) "Medical cannabis" has the meaning set forth in
17 IC 7.1-8-1-1.
18 (4) "Qualified retailer" has the meaning set forth in
19 IC 7.1-8-1-1.
20 Sec. 2. The adult use cannabis excise tax is imposed on adult use
21 cannabis sold in Indiana. The adult use cannabis excise tax is not
22 imposed on medical cannabis.
23 Sec. 3. The adult use cannabis excise tax is:
24 (1) one percent (1%) of the gross retail income received by the
25 qualified retailer for the purchase of adult use cannabis,
26 during the state fiscal year beginning July 1, 2024;
27 (2) two percent (2%) of the gross retail income received by the
28 qualified retailer for the purchase of adult use cannabis,
29 during the state fiscal year beginning July 1, 2025; and
30 (3) three percent (3%) of the gross retail income received by
31 the qualified retailer for the purchase of adult use cannabis,
32 during and after the state fiscal year beginning July 1, 2026.
33 Sec. 4. A qualified retailer shall collect the adult use cannabis
34 excise tax at the time the adult use cannabis is dispensed.
35 Sec. 5. Before the fifteenth day of each month, each qualified
36 retailer liable for the tax imposed by this chapter shall:
37 (1) file a return with the department that includes all
38 information required by the department, including the:
39 (A) name of the qualified retailer;
40 (B) address of the qualified retailer;
41 (C) invoice date;
42 (D) invoice number; and
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1 (E) gross retail income received from the sale of adult use
2 cannabis dispensed during the preceding month; and
3 (2) pay the tax for which it is liable under this chapter for the
4 preceding month, minus the amount specified in section 6 of
5 this chapter.
6 All returns required to be filed and taxes required to be paid under
7 this chapter must be made in an electronic format prescribed by
8 the department.
9 Sec. 6. A qualified retailer that files a complete return and pays
10 the tax due within the time specified in section 5 of this chapter is
11 entitled to deduct and retain from the tax a collection allowance of
12 seven-thousandths (0.007) of the amount due. If a qualified retailer
13 files an incomplete report, the department may reduce the
14 collection allowance by an amount that does not exceed the lesser
15 of:
16 (1) ten percent (10%) of the collection allowance; or
17 (2) fifty dollars ($50).
18 Sec. 7. The department shall deposit the taxes collected under
19 this chapter in the state general fund.
20 SECTION 5. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
21 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
22 2024]:
23 ARTICLE 8. CANNABIS
24 Chapter 1. Definitions
25 Sec. 1. The following definitions apply throughout this article:
26 (1) "Adult cannabis user" means a person at least twenty-one
27 (21) years of age who has not been issued a patient or
28 caregiver identification card, unless the patient or caregiver
29 identification card has expired.
30 (2) "Adult use cannabis" means cannabis for use by a person
31 at least twenty-one (21) years of age.
32 (3) "Cannabis" means any part of the plant genus Cannabis.
33 (4) "Cannabis organization" means a qualified retailer, a
34 grower, a processor, or a testing laboratory.
35 (5) "Caregiver" means the individual designated by a patient
36 under this article to obtain, possess, deliver, and assist in the
37 administration of cannabis to the patient.
38 (6) "Certification" means the certification issued to a patient
39 by a physician under this article.
40 (7) "Family or household member" means a person described
41 in IC 35-31.5-2-128.
42 (8) "Form of cannabis" means the characteristics of the
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1 cannabis recommended for a particular patient, including the
2 method of consumption, and any particular dosage, strain,
3 variety, quantity, or percentage of cannabis or of a particular
4 active ingredient.
5 (9) "Grower" means a person that holds a permit issued by
6 the ICC to grow cannabis.
7 (10) "ICC" means the Indiana cannabis commission
8 established by IC 7.1-9-2-1.
9 (11) "ICC committee" means the ICC commissioners
10 described in IC 7.1-9-2.
11 (12) "INSPECT" means the Indiana scheduled prescription
12 electronic collection and tracking program established by
13 IC 25-1-13-4.
14 (13) "Medical cannabis" means cannabis for medical use.
15 (14) "Patient" means an individual who:
16 (A) has a serious medical condition; and
17 (B) meets the requirements for certification for the use of
18 cannabis under this article.
19 (15) "Patient or caregiver identification card" means a
20 document issued to a patient or caregiver by the ICC
21 authorizing access to cannabis.
22 (16) "Permit" means an authorization issued by the ICC to a
23 cannabis organization to conduct activities under this article.
24 (17) "Processor" means a person that holds a permit issued by
25 the ICC to process or convert cannabis into a marketable
26 form.
27 (18) "Qualified retailer" means a person that holds a permit
28 issued by the ICC to sell cannabis.
29 (19) "Serious medical condition" means a medical condition
30 for which, in the professional opinion of a physician, the
31 benefits of treatment with cannabis are greater than the risks
32 of treatment with cannabis.
33 (20) "Testing laboratory" means a laboratory that analyzes
34 cannabis.
35 (21) "Transporter" means a person who transports cannabis
36 or paraphernalia. The term includes a person who does not
37 possess a permit or patient or caregiver identification card.
38 Chapter 2. Cannabis Program
39 Sec. 1. (a) The cannabis program is established to serve:
40 (1) patients suffering from a serious medical condition; and
41 (2) adult cannabis users.
42 (b) The ICC shall administer the program.
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1 (c) The ICC has regulatory, enforcement, and exporting
2 authority over the growing, processing, sale, transporting, and use
3 of medical and adult use cannabis. The ICC shall contract with the
4 state chemist for the testing and growing of medical and adult use
5 cannabis.
6 Sec. 2. The ICC shall do the following:
7 (1) Issue a permit to a qualifying cannabis organization
8 authorizing it to grow, process, sell, or test cannabis.
9 (2) Establish and maintain an electronic data base to store
10 and track information relating to the cannabis program. The
11 data base must:
12 (A) have the ability to authenticate in real time a patient or
13 caregiver identification card presented to a qualified
14 retailer;
15 (B) track in real time the amount of cannabis provided to:
16 (i) a patient or caregiver; or
17 (ii) an adult cannabis user;
18 at a qualified retailer, share this information in real time
19 with other qualified retailers to prevent diversion, and
20 issue a "stop sale" warning if a purchaser will exceed the
21 allowable amount of cannabis that the purchaser may
22 possess;
23 (C) store records relating to a certification, including, if
24 applicable, the recommended form of cannabis and any
25 early expiration date recommended by the physician; and
26 (D) track the cultivation, processing, transport, storage,
27 and sale of cannabis.
28 (3) Maintain within the ICC's data base an electronic
29 directory of patients and caregivers approved to use or assist
30 in the administration of medical cannabis.
31 (4) Develop enforcement procedures, including announced
32 and unannounced inspections of:
33 (A) a qualified retailer;
34 (B) a grower facility;
35 (C) a processor facility; and
36 (D) all records of a cannabis organization.
37 (5) Establish a program to authorize the use of cannabis for
38 research purposes, and issue documents to permit a
39 researcher to obtain cannabis for research purposes.
40 (6) Establish and maintain public outreach programs about
41 the cannabis program, including:
42 (A) a dedicated telephone number for adult cannabis users,
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1 patients, caregivers, and members of the public to obtain
2 basic information about the sale of medical and adult use
3 cannabis; and
4 (B) a publicly accessible website containing information
5 similar to that described in clause (A).
6 (7) Collaborate as necessary with other state agencies, and
7 contract with third parties as necessary to carry out the
8 cannabis program, including public education campaigns
9 regarding the dangers of impaired driving and inappropriate
10 consumption by youth.
11 (8) Develop record keeping requirements for all books and
12 papers, any electronic data base or tracking system data, and
13 other information of a cannabis organization. Information
14 shall be retained for at least four (4) years unless otherwise
15 provided by the ICC.
16 (9) Restrict the advertising and marketing of cannabis, which
17 must be consistent with the federal regulations governing
18 prescription drug advertising and marketing.
19 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to implement
20 this article.
21 Sec. 4. (a) The ICC shall maintain a confidential list of patients
22 and caregivers to whom it has issued patient or caregiver
23 identification cards. Except as provided in subsection (b), all
24 information obtained by the ICC relating to patients, caregivers,
25 and other applicants is confidential.
26 (b) The following records are public:
27 (1) An application for a permit submitted by a cannabis
28 organization.
29 (2) Information relating to penalties or other disciplinary
30 actions taken against a cannabis organization for violation of
31 this article.
32 Chapter 3. Use of Cannabis
33 Sec. 1. Notwithstanding any law to the contrary, the use,
34 possession, delivery, distribution, transport, cultivation, or
35 manufacture of:
36 (1) cannabis; or
37 (2) paraphernalia used in connection with cannabis;
38 is lawful if the use or possession complies with this article.
39 However, this article does not authorize a person to operate a
40 motor vehicle, a motorboat, or any other device or equipment
41 while under the influence of cannabis.
42 Sec. 2. The use of medical cannabis is subject to the following:
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1 (1) Cannabis may be sold only to:
2 (A) a patient who receives a certification from a physician
3 and is in possession of a valid patient or caregiver
4 identification card issued by the ICC that authorizes sale
5 of cannabis to the patient;
6 (B) a caregiver who possesses a valid patient or caregiver
7 identification card issued by the ICC; or
8 (C) a research facility authorized by the ICC, under terms
9 and conditions established by the ICC.
10 (2) If a physician has ordered that cannabis be sold in a
11 specific form, cannabis may be sold only in that form.
12 (3) An individual may not act as a caregiver for more than ten
13 (10) patients.
14 (4) A patient may designate up to two (2) caregivers at any
15 one (1) time.
16 (5) Cannabis that has not been used by the patient shall be
17 kept in the original package in which it was sold.
18 (6) A patient or caregiver shall possess a patient or caregiver
19 identification card whenever the patient or caregiver is in
20 possession of cannabis.
21 Sec. 3. The use of adult use cannabis is subject to the following:
22 (1) Adult use cannabis may be sold only to an adult cannabis
23 user.
24 (2) In any thirty (30) day period, an adult cannabis user may
25 possess not more than one (1) ounce of cannabis.
26 (3) If cannabis is transported in a motor vehicle, it must be
27 kept in a secured and sealed container.
28 (4) An adult cannabis user may not cultivate cannabis.
29 (5) To purchase adult use cannabis, the purchaser must
30 present a valid, government issued photo identification card
31 displaying the person's date of birth.
32 Sec. 4. A product packaged by a cannabis organization may be
33 identified only by:
34 (1) the name of the grower or processor;
35 (2) the name of the qualified retailer;
36 (3) the form and species of cannabis;
37 (4) the percentage of tetrahydrocannabinol and cannabinol
38 contained in the product;
39 (5) the harvest or manufacture date, as applicable; and
40 (6) any other labeling required by the ICC.
41 Sec. 5. (a) Except as expressly otherwise provided in this article,
42 the possession or use of cannabis is unlawful.
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1 (b) In addition to any other penalty provided by law, the
2 unlawful possession or use of cannabis may be a crime under
3 IC 35-48-4.
4 Sec. 6. The following acts are unlawful:
5 (1) To grow cannabis unless the person:
6 (A) is a grower that has received a permit from the ICC;
7 (B) is a patient with a valid patient or caregiver
8 identification card who is authorized to cultivate cannabis
9 for personal use under this article; or
10 (C) is a research facility authorized by the ICC.
11 (2) To sell cannabis unless the qualified retailer has received
12 a permit from the ICC.
13 Chapter 4. Physicians
14 Sec. 1. (a) A physician who issues a certification to a patient
15 under this article may not have an ownership interest in a cannabis
16 organization.
17 (b) A physician may issue a certification to a patient only if the
18 physician:
19 (1) establishes and intends to maintain a bona fide
20 physician-patient relationship with the patient for the
21 provision of medical services that is established by an
22 in-person visit and for which there is an expectation that the
23 physician will provide care to the patient on an ongoing basis;
24 or
25 (2) establishes coordination with the patient's existing
26 primary care physician for treatment of the patient's serious
27 medical condition.
28 (c) A physician who violates this section may be subject to
29 professional discipline.
30 Sec. 2. A physician may issue a certification to use cannabis to
31 a patient if the following requirements are met:
32 (1) The physician has determined that the patient has a
33 serious medical condition and has included the serious
34 medical condition in the patient's health care record.
35 (2) The patient is under the physician's continuing care for the
36 serious medical condition, except as provided in section
37 1(b)(2) of this chapter.
38 (3) The physician has determined the patient is likely to
39 receive therapeutic or palliative benefit from the use of
40 cannabis.
41 Sec. 3. A physician issuing a certification under section 1(b)(2)
42 of this chapter may not issue a certification unless the physician
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1 has contacted the patient's existing primary care physician to
2 discuss the patient's serious medical condition and which form of
3 cannabis the patient is likely to benefit from.
4 Sec. 4. A certification must include the following information:
5 (1) The patient's name, date of birth, and address.
6 (2) The specific serious medical condition of the patient.
7 (3) A statement by the physician that the patient has a serious
8 medical condition and the patient is under continuing care for
9 the serious medical condition that is provided by:
10 (A) the physician; or
11 (B) the patient's existing primary care physician (as
12 described under section 1(b)(2) of this chapter).
13 (4) The date of issuance.
14 (5) The name, address, telephone number, and signature of
15 the physician.
16 (6) Any requirement or limitation concerning the appropriate
17 form of cannabis, the maximum quantity of cannabis that the
18 patient may use, and any limitation on the duration of use, if
19 applicable.
20 Sec. 5. A physician shall do the following:
21 (1) Provide the certification to the patient.
22 (2) Provide a copy of the certification to the ICC, which shall
23 place the information in the patient directory within the ICC's
24 electronic data base. The certification may be transmitted to
25 the ICC electronically.
26 (3) File a copy of the certification in the patient's health care
27 record.
28 Sec. 6. A physician may not issue a certification for the
29 physician's own use or for the use of a family or household member
30 of the physician.
31 Chapter 5. Certification Form
32 Sec. 1. The ICC shall develop a standard certification form,
33 which the ICC shall provide to a physician upon request. The form
34 must be available electronically. The form must include a
35 statement that a false statement made by a physician is punishable
36 under the penalties of perjury.
37 Chapter 6. Patients
38 Sec. 1. The ICC shall issue a patient or caregiver identification
39 card to a patient who has a valid certification and who otherwise
40 meets the requirements of this article.
41 Sec. 2. The ICC shall issue a patient or caregiver identification
42 card to a caregiver designated by the patient in accordance with
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1 this article.
2 Sec. 3. Except as provided in section 4 of this chapter, a patient
3 or caregiver identification card issued to a patient authorizes the
4 patient to obtain and use cannabis as authorized by this article.
5 Except as provided in section 4 of this chapter, a patient or
6 caregiver identification card issued to a caregiver authorizes the
7 caregiver to obtain cannabis on behalf of the patient.
8 Sec. 4. (a) A patient holding a valid patient or caregiver
9 identification card may cultivate cannabis for the patient's own use
10 if the patient complies with the following requirements:
11 (1) The patient notifies the ICC on or before the date that the
12 patient begins cultivation and informs the ICC of the number
13 of plants the patient intends to cultivate and the location of
14 cultivation.
15 (2) The patient cultivates not more than six (6) plants.
16 (3) Not more than three (3) of the plants may be mature at
17 any one (1) time.
18 (4) Cannabis from the plant is used only for the patient's
19 personal use.
20 (5) Not later than thirty (30) days before the expected date
21 that the plants become mature, the patient notifies the ICC of
22 the anticipated maturity date.
23 (b) If the mature plants of a patient cultivating cannabis for the
24 patient's own use die, become damaged, or are otherwise unable to
25 produce cannabis for medical use, the patient shall notify the ICC,
26 which shall reinstate the patient's authorization to obtain cannabis
27 from a qualified retailer not later than fifteen (15) days after
28 receipt of the notice.
29 Chapter 7. Patient or Caregiver Identification Cards
30 Sec. 1. The ICC shall do the following:
31 (1) Review applications for patient or caregiver identification
32 cards.
33 (2) Review certifications submitted by physicians.
34 (3) Issue patient or caregiver identification cards to patients
35 and caregivers.
36 (4) Note in the electronic data base if a patient or caregiver
37 identification card may not be used to obtain cannabis from
38 a qualified retailer because the patient is cultivating the
39 patient's own cannabis.
40 Sec. 2. A patient or caregiver may apply, in a form and manner
41 prescribed by the ICC, for issuance or renewal of a patient or
42 caregiver identification card. A caregiver must submit a separate
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1 application for issuance or renewal. Each application must include:
2 (1) the name, address, and date of birth of the patient;
3 (2) the name, address, and date of birth of a caregiver, if
4 applicable;
5 (3) a copy of the certification issued by the physician;
6 (4) the name, address, and telephone number of the physician;
7 (5) the signature of the applicant and the date signed; and
8 (6) any other information required by the ICC.
9 Sec. 3. The fee to apply for or to renew a patient or caregiver
10 identification card is fifty dollars ($50). The ICC may waive or
11 reduce the fee if the applicant demonstrates financial hardship.
12 Sec. 4. The ICC shall make application and renewal forms
13 available on the ICC's website.
14 Sec. 5. (a) The patient or caregiver identification card of a
15 patient or caregiver expires one (1) year after the date of issuance,
16 unless a physician has specified that a patient should use cannabis
17 for less than one (1) year.
18 (b) If a physician has specified that a patient's use of cannabis
19 should be limited to certain forms of cannabis, the forms of
20 cannabis must be listed on the patient or caregiver identification
21 card.
22 Sec. 6. (a) The ICC shall issue separate patient or caregiver
23 identification cards for a patient and a caregiver as soon as
24 reasonably practicable after receiving a properly completed
25 application.
26 (b) If the ICC determines that an application is incomplete or
27 factually inaccurate, the ICC shall promptly notify the applicant.
28 (c) If a patient application designates an individual as a
29 caregiver who is not authorized to be a caregiver, the ICC shall
30 deny that portion of the application, but may approve the balance
31 of the application.
32 Sec. 7. (a) A patient or caregiver who has been issued a patient
33 or caregiver identification card shall notify the ICC not later than
34 ten (10) days after any change of name or address.
35 (b) A patient shall notify the ICC within ten (10) days if a
36 physician has determined the patient no longer has the serious
37 medical condition noted on the certification.
38 Sec. 8. (a) If the patient or caregiver identification card of a
39 patient or caregiver is lost, stolen, destroyed, or made illegible, the
40 patient or caregiver shall apply to the ICC for a replacement card
41 not later than ten (10) days after discovery of the loss or
42 defacement. The application for a replacement card shall be on a
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1 form furnished by the ICC and accompanied by a twenty-five
2 dollar ($25) fee. The ICC may establish higher fees for issuance of
3 second and subsequent replacement patient or caregiver
4 identification cards.
5 (b) The ICC may waive or reduce the fee in cases of
6 demonstrated financial hardship.
7 (c) The ICC shall issue a replacement patient or caregiver
8 identification card as soon as practicable.
9 (d) A patient or caregiver may not obtain cannabis from a
10 qualified retailer until the ICC issues the replacement card.
11 Sec. 9. The patient or caregiver identification card must contain
12 the following information:
13 (1) The name of the patient or caregiver, as applicable. The
14 patient or caregiver identification card must also state
15 whether the individual is designated as a patient or as a
16 caregiver.
17 (2) The date of issuance and expiration date.
18 (3) A unique identification number for the patient or
19 caregiver, as applicable.
20 (4) A photograph of the individual to whom the patient or
21 caregiver identification card is issued.
22 (5) Any requirement or limitation set by the physician as to
23 the form of cannabis.
24 (6) Any other requirements as determined by the ICC.
25 However, the ICC may not require that a patient or caregiver
26 identification card disclose the patient's serious medical
27 condition.
28 The ICC shall establish guidelines specifying an acceptable
29 photograph under subdivision (4) and shall provide a reasonable
30 accommodation for a patient who is confined to the patient's home
31 or is in inpatient care.
32 Sec. 10. The ICC shall monthly transmit fees received under this
33 chapter to the state comptroller for deposit in the state general
34 fund.
35 Chapter 8. Caregivers
36 Sec. 1. (a) A caregiver must be at least eighteen (18) years of
37 age.
38 (b) A caregiver may be less than twenty-one (21) years of age
39 only if the ICC determines that it is in the best interests of the
40 patient that a specific person less than twenty-one (21) years of age
41 serves as a caregiver.
42 Sec. 2. (a) A patient may terminate a person's designation as
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1 caregiver at any time.
2 (b) The patient shall notify the ICC that the patient has
3 terminated the person's caregiver designation as soon as
4 reasonably practicable after the termination.
5 (c) Upon learning that a patient has terminated a person's
6 caregiver designation, the ICC shall cancel the caregiver's patient
7 or caregiver identification card and notify the caregiver to return
8 the physical copy of the card.
9 Sec. 3. If a patient designates a caregiver, the caregiver may
10 submit an application for a patient or caregiver identification card
11 as a caregiver. The caregiver application must include:
12 (1) the name, address, and date of birth of the caregiver;
13 (2) if the caregiver has a patient or caregiver identification
14 card for the caregiver (as a patient) or another patient (as a
15 caregiver), the expiration date of each patient or caregiver
16 identification card; and
17 (3) any other information required by the ICC.
18 The application must be signed and dated by the caregiver
19 applicant and verified under penalties of perjury.
20 Sec. 4. (a) Except as provided in subsection (c), before the
21 caregiver application is approved, the caregiver must authorize the
22 ICC to perform a national criminal history background check of
23 the caregiver.
24 (b) The caregiver is responsible for the fee for the national
25 criminal history background check.
26 (c) The ICC may conduct only one (1) national criminal history
27 background check of the caregiver per year.
28 Sec. 5. The caregiver shall pay an application fee of fifty dollars
29 ($50). The ICC may waive or reduce the fee in cases of
30 demonstrated financial hardship.
31 Sec. 6. After receiving the caregiver application, the fee, and the
32 results of the national criminal history background check, the ICC
33 shall:
34 (1) verify the information contained in the application; and
35 (2) review INSPECT with respect to the applicant.
36 Sec. 7. The ICC shall monthly transmit fees received under this
37 chapter to the state comptroller for deposit in the state general
38 fund.
39 Chapter 9. Minor Patients
40 Sec. 1. If a patient is less than eighteen (18) years of age, the
41 following apply:
42 (1) The patient must have a caregiver.
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1 (2) The caregiver must be:
2 (A) the patient's parent or legal guardian;
3 (B) an individual designated by a parent or legal guardian;
4 or
5 (C) an appropriate individual approved by the ICC on a
6 sufficient showing that no parent or legal guardian is
7 appropriate or available.
8 Chapter 10. Suspension
9 Sec. 1. If a patient or caregiver knowingly, intentionally, or
10 recklessly:
11 (1) violates any provision of this article; or
12 (2) transfers or sells cannabis to a person not qualified as a
13 patient under this article;
14 the ICC may suspend or revoke the patient's or caregiver's patient
15 or caregiver identification card. The suspension or revocation is in
16 addition to any criminal or other penalty.
17 Chapter 11. General Prohibitions
18 Sec. 1. A person may not operate a motor vehicle, including a
19 motorboat, while under the influence of cannabis.
20 Sec. 2. A person may not perform any employment duties in
21 exposed high places or in confined spaces while under the influence
22 of cannabis.
23 Sec. 3. A person's employer may prohibit an employee from
24 performing any task while under the influence of cannabis. The
25 prohibition is not an adverse employment decision or unlawful
26 discrimination even if the prohibition results in financial harm for
27 the employee.
28 Chapter 12. Cannabis Organizations
29 Sec. 1. The following entities may receive a permit to operate as
30 a cannabis organization to grow, process, or sell cannabis:
31 (1) A grower.
32 (2) A processor.
33 (3) A qualified retailer.
34 Sec. 2. (a) The ICC shall develop an application for a:
35 (1) grower permit allowing the grower to grow cannabis;
36 (2) qualified retailer permit allowing a qualified retailer to sell
37 cannabis;
38 (3) processor permit allowing a processor to process cannabis;
39 and
40 (4) testing laboratory permit allowing a testing laboratory to
41 test cannabis.
42 (b) The following information must be included in the permit
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1 application:
2 (1) The name, address, telephone number, and other contact
3 information for every person having an ownership interest in
4 the cannabis organization.
5 (2) Information relating to a similar permit, license, or other
6 authorization granted in another jurisdiction, including any
7 suspensions, revocations, or discipline in that jurisdiction.
8 (3) A release authorizing the ICC to conduct a background
9 check of the persons having an ownership interest in the
10 cannabis organization.
11 (4) A statement as to whether the applicant intends to operate
12 as a grower, a processor, or a qualified retailer, and a concise
13 description of the business activities in which the cannabis
14 organization intends to engage.
15 (5) The address or other location where the cannabis
16 organization intends to operate.
17 (6) A statement that no person having an ownership interest
18 in the cannabis organization has a felony conviction related to
19 the production, possession, or sale of marijuana that has not
20 been expunged and that was entered within the three (3) years
21 prior to submission of the permit application.
22 (7) Any other information required by the ICC.
23 (c) A permit application described in this section shall be
24 verified and completed subject to the penalties of perjury.
25 (d) An applicant shall submit the appropriate application and
26 permit fees at the time the applicant submits the application.
27 Chapter 13. Cannabis Organization Permits
28 Sec. 1. Subject to the limits and conditions described in section
29 10 of this chapter, the ICC may grant a cannabis organization a
30 permit if the ICC makes the following findings:
31 (1) The applicant will maintain effective control of cannabis
32 in the custody of the applicant.
33 (2) The applicant will comply with all state statutes, all rules
34 adopted by the ICC, and any ordinances adopted by a
35 governmental unit.
36 (3) The applicant has the ability to properly carry out the
37 activity for which the permit is sought.
38 (4) The applicant has sufficient financial means to acquire all
39 property, equipment, and permits required to properly grow,
40 process, or sell cannabis.
41 (5) The applicant is able to implement and maintain
42 appropriate security, tracking, record keeping, and
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1 surveillance systems relating to the acquisition, possession,
2 growth, manufacture, delivery, transportation, distribution,
3 or sale of cannabis.
4 (6) The applicant satisfies any other conditions required
5 under rules adopted by the ICC.
6 (7) Granting a permit to the applicant serves the public
7 interest.
8 Sec. 2. If the ICC finds that information included in the
9 application is insufficient for the ICC to grant a permit to the
10 cannabis organization, the ICC may request that the applicant
11 submit additional documentation relating to one (1) or more items
12 listed in section 1 of this chapter.
13 Sec. 3. (a) Except as provided under subsection (b), a permit
14 granted under this chapter is nontransferable.
15 (b) A permit holder may transfer a permit to a person
16 authorized to hold a permit in accordance with rules adopted by
17 the ICC if:
18 (1) the permit holder has held the permit for at least
19 twenty-four (24) months; or
20 (2) the transfer is necessary due to the death or disability of
21 the permit holder or a similar severe hardship. For purposes
22 of this subdivision, financial hardship is not a severe hardship.
23 Sec. 4. A permit granted under this chapter is valid for one (1)
24 year after the date of issuance.
25 Sec. 5. (a) A permit may be renewed for one (1) or more
26 additional one (1) year periods.
27 (b) The ICC shall establish deadlines for filing a renewal
28 application that provide the ICC with sufficient time to review the
29 application without causing an interruption in the cannabis
30 organization's activities.
31 (c) The same standards that apply for granting an initial
32 application apply to an application for renewal. In determining
33 whether the renewal of a permit serves the public interest, the ICC
34 shall consider the manner in which the renewal applicant has
35 operated the cannabis organization and complied with all relevant
36 laws.
37 Sec. 6. A permit issued by the ICC to a cannabis organization
38 must include the following information:
39 (1) The name and address of the cannabis organization.
40 (2) The type of permit.
41 (3) The activities that are permitted under the permit.
42 (4) A description of the property and facilities authorized to
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1 be used by the cannabis organization.
2 (5) Any other information required by the ICC.
3 Sec. 7. The ICC may suspend or revoke all or part of a permit
4 granted under this chapter if, following a hearing, the ICC finds
5 any of the following:
6 (1) That one (1) or more of the determinations made under
7 section 1 of this chapter are no longer valid.
8 (2) That the cannabis organization knowingly or intentionally
9 sold or distributed cannabis to a person not permitted to
10 receive cannabis under this article.
11 (3) That the cannabis organization has failed to maintain
12 effective control against diversion of cannabis.
13 (4) That the cannabis organization has violated a provision of
14 this article or a rule adopted by the ICC.
15 (5) That the cannabis organization has failed to comply with
16 another law regulating controlled substances.
17 Sec. 8. (a) An applicant for a cannabis organization permit has
18 a continuing duty to notify the ICC of any material change in facts
19 or circumstances relating to the applicant's application, including
20 a change in ownership.
21 (b) An applicant's duty to notify the ICC begins on the date the
22 applicant submits the application and continues for as long as the
23 applicant holds a permit.
24 Sec. 9. The ICC may, upon request of a permit holder, amend an
25 existing permit to authorize a permit holder to:
26 (1) move the permit holder's operations from one (1) location
27 to another; or
28 (2) perform additional activities, or cease the performance of
29 certain activities now performed, at the permit holder's
30 facility;
31 if the ICC finds that the amendment is reasonable under the
32 circumstances.
33 Sec. 10. (a) The ICC shall initially issue:
34 (1) ten (10) processor permits; and
35 (2) one hundred (100) grower permits.
36 (b) The ICC shall ensure that, to the extent practicable:
37 (1) at least one (1) processor permit is issued for a facility
38 located in each geographical region described in
39 IC 10-11-2-5(d);
40 (2) at least three (3) grower permits are issued for cultivation
41 in each geographical region described in IC 10-11-2-5(d); and
42 (3) the persons receiving a permit reflect the diversity and
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1 makeup of Indiana.
2 (c) The ICC may issue additional permits in order to meet the
3 demand for cannabis in Indiana and to ensure a competitive
4 market. The ICC shall annually complete a market analysis to
5 determine whether additional permits are needed to continue the
6 capture of market share from illicit sources. The ICC shall hold
7 public hearings as part of the market analysis to hear from
8 consumers, market stakeholders, and potential new applicants.
9 Chapter 14. General Duties of a Permit Holder
10 Sec. 1. The holder of a cannabis organization permit must do the
11 following:
12 (1) Report the loss, theft, or unexplained disappearance of
13 cannabis to a law enforcement agency not later than
14 twenty-four (24) hours after the loss, theft, or disappearance
15 is discovered.
16 (2) Permit announced or unannounced inspections by the ICC
17 of all cannabis organization facilities and records.
18 Chapter 15. Application and Permit Fees
19 Sec. 1. The following fees apply to a grower:
20 (1) A nonrefundable grower permit application fee of five
21 hundred dollars ($500).
22 (2) A refundable grower permit fee of two thousand five
23 hundred dollars ($2,500).
24 (3) A refundable grower permit renewal fee of one thousand
25 dollars ($1,000).
26 (4) A nonrefundable permit amendment fee of two hundred
27 fifty dollars ($250).
28 Sec. 2. The following fees apply to a processor:
29 (1) A nonrefundable processor permit application fee of two
30 thousand five hundred dollars ($2,500).
31 (2) A refundable processor permit fee of ten thousand dollars
32 ($10,000).
33 (3) A refundable processor permit renewal fee of five
34 thousand dollars ($5,000).
35 (4) A nonrefundable permit amendment fee of two hundred
36 fifty dollars ($250).
37 Sec. 3. The following fees apply to a qualified retailer:
38 (1) A nonrefundable qualified retailer permit application fee
39 of two hundred dollars ($200).
40 (2) A refundable qualified retailer permit fee of one thousand
41 dollars ($1,000) for each qualified retailer location.
42 (3) A refundable qualified retailer permit renewal fee of seven
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1 hundred fifty dollars ($750) for each qualified retailer
2 location.
3 (4) A nonrefundable permit amendment fee of two hundred
4 fifty dollars ($250).
5 Sec. 4. The following fees apply to a testing laboratory:
6 (1) A nonrefundable testing laboratory permit application fee
7 of one thousand dollars ($1,000).
8 (2) A refundable testing laboratory permit fee of two
9 thousand five hundred dollars ($2,500) for each testing
10 laboratory location.
11 (3) A refundable testing laboratory permit renewal fee of two
12 thousand dollars ($2,000) for each testing laboratory location.
13 (4) A nonrefundable permit amendment fee of two hundred
14 fifty dollars ($250).
15 Sec. 5. An applicant must submit the application fee and permit
16 fee at the time the applicant submits the application.
17 Sec. 6. (a) The ICC shall retain the application fee even if the
18 application is not approved.
19 (b) The ICC shall refund the permit fee and renewal fee if the
20 permit or renewal is not approved. However, the permit fee and
21 renewal fee are not refundable if the permit is initially granted but
22 later suspended or revoked.
23 (c) The ICC shall retain the amendment fee even if the
24 application for amendment is not approved.
25 Sec. 7. The ICC shall transfer all fees to the state comptroller
26 for deposit in the state general fund.
27 Chapter 16. Tracking and Record Keeping
28 Sec. 1. (a) A cannabis organization must implement an
29 electronic inventory tracking system, which must be directly
30 accessible to the ICC through an electronic data base that is
31 updated at least one (1) time each day.
32 (b) The electronic inventory tracking system must include the
33 following:
34 (1) For a grower, a seed to sale tracking system that tracks the
35 cannabis from seed to plant until the cannabis is sold or
36 transferred to its final destination.
37 (2) For a processor, a system that tracks cannabis from its
38 purchase from a grower to its transfer to a qualified retailer,
39 testing laboratory, or research facility as authorized by this
40 article.
41 (3) For a qualified retailer, a system that tracks cannabis from
42 its purchase from a grower or processor to its sale to an adult
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1 cannabis user, patient, or caregiver, or its transfer to a testing
2 laboratory, research facility, grower, or processor as
3 authorized by this article.
4 (4) For a qualified retailer, a system to verify that a patient or
5 caregiver identification card presented by a patient or
6 caregiver purchasing cannabis:
7 (A) is valid; and
8 (B) authorizes the patient or caregiver to receive cannabis
9 from a qualified retailer.
10 (5) For a qualified retailer, a system to record and transmit
11 the identification of an adult cannabis user and the quantity
12 and type of cannabis purchased to ensure that the adult
13 cannabis user complies with possession limits.
14 (6) For a cannabis organization, a:
15 (A) daily log of each day's beginning inventory,
16 acquisitions, amounts purchased and sold, disbursements,
17 disposals, and ending inventory, including prices paid and
18 amounts collected from adult cannabis users, patients, and
19 caregivers;
20 (B) system to recall defective cannabis; and
21 (C) system to track the waste resulting from the growth of
22 cannabis, including the name and address of a disposal
23 service.
24 Sec. 2. A cannabis organization must implement a plan for:
25 (1) security and surveillance; and
26 (2) record keeping and record retention.
27 Sec. 3. The ICC:
28 (1) shall require a cannabis organization to make an annual
29 report to the ICC; and
30 (2) may require a cannabis organization to make a quarterly
31 report to the ICC.
32 The ICC shall determine the form and contents of the report and
33 may make all or part of the report available to the public.
34 Chapter 17. Grower Operations
35 Sec. 1. A person holding a grower permit may do all the
36 following in accordance with rules adopted by the ICC:
37 (1) Obtain seed and plant material from another grower.
38 (2) Sell and transport seed and plant material to another
39 grower or processor.
40 (3) Sell and transport cannabis to a processor, qualified
41 retailer, testing laboratory, or research facility authorized by
42 the ICC.
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1 The ICC may authorize a person holding a grower permit to sell
2 and transport seed, plant material, and cannabis to a grower,
3 processor, qualified retailer, testing laboratory, or research facility
4 in another state.
5 Sec. 2. The ICC shall determine the manner in which cannabis
6 may be grown, harvested, and stored at the cultivation or
7 harvesting facility.
8 Sec. 3. The ICC shall determine the manner in which
9 transportation of cannabis shall be conducted between or among
10 growers, processors, qualified retailers, testing laboratories, or
11 research facilities. Rules adopted by the ICC must include the
12 following:
13 (1) Requirements relating to shipping containers and
14 packaging.
15 (2) The manner in which trucks, vans, trailers, or other
16 carriers will be secured.
17 (3) Obtaining copies of driver's licenses and registrations and
18 other information related to security and tracking.
19 (4) The use of a GPS tracking system.
20 (5) Record keeping requirements for delivery and receipt of
21 cannabis products.
22 Sec. 4. A grower shall contract with an independent testing
23 laboratory to test the cannabis produced by the grower. The ICC
24 shall approve the testing laboratory and require that the testing
25 laboratory report testing results in the manner determined by the
26 ICC. If a grower learns that the grower's sample has failed
27 required testing, the grower must take steps to remediate the
28 harvest to allowable levels under IC 7.1-8-20-3, or immediately
29 dispose of the harvest.
30 Chapter 18. Processor Operations
31 Sec. 1. A person holding a processor permit may do all the
32 following in accordance with rules adopted by the ICC:
33 (1) Obtain cannabis from a grower.
34 (2) Sell and transport processed cannabis to another grower
35 or processor.
36 (3) Sell and transport cannabis to a processor, qualified
37 retailer, testing laboratory, or research facility authorized by
38 the ICC.
39 The ICC shall authorize a person holding a processor permit to sell
40 and transport processed cannabis to a grower, processor, qualified
41 retailer, testing laboratory, or research facility in another state if
42 the person meets the requirements established by the ICC.
2024	IN 99—LS 6236/DI 106 24
1 Sec. 2. The ICC shall determine the manner in which cannabis
2 may be processed or stored at the processor facility.
3 Sec. 3. The ICC shall determine the manner in which
4 transportation of cannabis shall be conducted between or among
5 cannabis organizations and research facilities. Rules adopted by
6 the ICC must include the following:
7 (1) Requirements relating to shipping containers and
8 packaging.
9 (2) The manner in which trucks, vans, trailers, or other
10 carriers will be secured.
11 (3) Obtaining copies of driver's licenses and registrations and
12 other information related to security and tracking.
13 (4) The use of a GPS tracking system.
14 (5) Record keeping requirements for delivery and receipt of
15 cannabis products.
16 Sec. 4. A processor shall develop a plan to ensure that cannabis
17 products are properly labeled, are not packaged in a manner that
18 is appealing to children, and are placed in child resistant
19 packaging.
20 Sec. 5. A processor shall include on its labeling of cannabis
21 products the following:
22 (1) The number of doses contained within the package, the
23 species, and the percentage of tetrahydrocannabinol and
24 cannabinol.
25 (2) A warning that the cannabis must be kept in the original
26 container in which it was sold.
27 (3) A warning that unauthorized use is unlawful and will
28 subject the person to criminal penalties.
29 (4) A list of ingredients.
30 (5) The manufacture or harvest date.
31 (6) Any other information required by the ICC.
32 Sec. 6. A processor shall contract with an independent testing
33 laboratory to test the cannabis product produced by the processor.
34 The testing laboratory must be approved by the ICC, and the ICC
35 shall require that the testing laboratory report testing results in the
36 manner determined by the ICC. If a processor learns that a sample
37 submitted by the processor has failed required testing, the
38 processor must take steps to remediate the product to allowable
39 levels under IC 7.1-8-20-3, or immediately dispose of the batch.
40 Chapter 19. Qualified Retailer Operations
41 Sec. 1. (a) A qualified retailer holding a valid permit under this
42 article may sell cannabis to a patient or caregiver upon
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1 presentation of a valid patient or caregiver identification card for
2 that patient or caregiver and electronic verification that the patient
3 or caregiver identification card is valid and authorizes the patient
4 or caregiver to receive cannabis from a qualified retailer.
5 (b) A qualified retailer holding a valid permit under this article
6 may sell cannabis to an adult cannabis user upon presentation of
7 a valid government issued photo identification card containing the
8 person's date of birth, and electronic verification that:
9 (1) the sale will not permit the adult cannabis user to exceed
10 the limit described in section 3 of this chapter; and
11 (2) the adult cannabis user does not possess a valid, unexpired
12 certification.
13 Sec. 2. The qualified retailer shall provide to the purchaser a
14 receipt including all of the following:
15 (1) The name and address of the qualified retailer.
16 (2) The name and address of the purchaser.
17 (3) The date the cannabis was sold.
18 (4) For medical cannabis, any requirement or limitation by
19 the physician as to the form of cannabis for the patient.
20 (5) The form and the quantity of cannabis sold.
21 Sec. 3. A qualified retailer may not sell to a patient (or a
22 caregiver on behalf of a specific patient):
23 (1) in any thirty (30) day period:
24 (A) more cannabis than the maximum amount authorized
25 by the certification; or
26 (B) ten (10) ounces of cannabis;
27 whichever is less;
28 (2) subject to subdivision (1), more than two and one-half (2.5)
29 ounces of cannabis per day, of which not more than fifteen
30 (15) grams may be cannabis concentrate;
31 (3) a form of cannabis that is not authorized on the
32 certification; or
33 (4) cannabis, if the patient is cultivating mature cannabis
34 plants for the patient's own use.
35 Sec. 4. The cannabis packaging must include the following
36 information:
37 (1) The number of doses contained within the package, the
38 species, and the percentage of tetrahydrocannabinol and
39 cannabinol.
40 (2) A warning that the cannabis must be kept in the original
41 container in which it was sold.
42 (3) A warning that unauthorized use is unlawful and will
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1 subject the person to criminal penalties.
2 (4) Any other information required by the ICC.
3 Sec. 5. A qualified retailer:
4 (1) may sell cannabis only in an indoor, enclosed, secure
5 facility located in Indiana;
6 (2) may sell medical devices and instruments that are needed
7 to administer cannabis; and
8 (3) may sell services approved by the ICC related to the use of
9 cannabis.
10 Sec. 6. A qualified retailer shall post a copy of its permit in a
11 location within its facility in a manner that is easily observable by
12 the public.
13 Sec. 7. A qualified retailer shall establish a plan to:
14 (1) prevent diversion of cannabis and cannabis products; and
15 (2) ensure a patient is not sold more cannabis than is
16 permitted under this article.
17 Chapter 20. Testing Laboratory Operations
18 Sec. 1. A testing laboratory may test cannabis from a cannabis
19 organization in accordance with rules adopted by the ICC if:
20 (1) it holds a valid permit issued under this article; or
21 (2) it is already accredited as a testing laboratory to
22 International Organization for Standardization (ISO) 17025
23 by a third party accrediting body such as the American
24 Association for Laboratory Accreditation (A2LA) or Assured
25 Calibration and Laboratory Accreditation Select Services
26 (ACLASS).
27 Sec. 2. A testing laboratory shall maintain policies and
28 procedures for the secure and proper analytical testing of
29 cannabis, which must include:
30 (1) laboratory analysis techniques, including specific
31 instrumentation and protocols necessary to perform the tests
32 required by the ICC;
33 (2) the implementation of standards and methods for
34 conducting analysis of forms of cannabis in accordance with
35 the requirements of ISO/IEC 17025 "General Requirements
36 for the Competence of Testing and Calibration
37 Laboratories"; and
38 (3) methods of testing to detect:
39 (A) potency levels of tetrahydrocannabinol and
40 cannabinol;
41 (B) microbials;
42 (C) mycotoxins;
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1 (D) pesticides;
2 (E) residual solvents; and
3 (F) any other matter as required by the ICC.
4 Sec. 3. The ICC shall establish the allowable level of microbials,
5 mycotoxins, pesticides, residual solvents, and other matter
6 determined by the ICC. If a sample received from a grower or
7 processor exceeds allowable levels, the testing laboratory must
8 immediately notify the grower or processor from whom the testing
9 laboratory received the sample.
10 Sec. 4. A person holding an ownership interest in a qualified
11 retailer, a grower, or a processor permit may not have an
12 ownership interest in a testing laboratory permit.
13 Chapter 21. Transportation
14 Sec. 1. A transporter may transport cannabis or paraphernalia
15 from a:
16 (1) grower or processor to a qualified retailer;
17 (2) grower or processor to a testing laboratory or research
18 facility authorized by the ICC;
19 (3) qualified retailer to a grower or processor;
20 (4) qualified retailer to a testing laboratory or research
21 facility authorized by the ICC;
22 (5) cannabis organization to another cannabis organization;
23 or
24 (6) cannabis organization to another person if authorized to
25 do so by the ICC;
26 if the transporter complies with this chapter.
27 Sec. 2. No employee of a transporter under this chapter who is
28 directly involved in the transport of cannabis or paraphernalia
29 may have a felony conviction related to the production, possession,
30 or sale of marijuana that was entered within the previous three (3)
31 years and that has not been expunged.
32 Sec. 3. Cannabis or paraphernalia transported under this
33 chapter must be:
34 (1) packed in a tamper resistant and tamper evident package;
35 (2) clearly marked as to quantity and contents; and
36 (3) securely stored in the vehicle used for transport.
37 Sec. 4. The transporter shall proceed as directly and
38 expeditiously as practicable from the shipping location to the
39 receiving location.
40 Sec. 5. The person who ships the cannabis or paraphernalia
41 shall provide the transporter with a shipping manifest clearly
42 stating the:
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1 (1) exact quantity of cannabis or paraphernalia that is being
2 transported;
3 (2) address of the shipping location;
4 (3) address of the receiving location;
5 (4) identification of the person transporting the material; and
6 (5) time the person transporting the material left the shipping
7 location.
8 Sec. 6. The transporter shall keep the shipping manifest in the
9 transporter's possession at all times.
10 Sec. 7. The ICC may adopt rules to regulate the transport of
11 cannabis or paraphernalia. The ICC may authorize a transporter
12 to transport cannabis or paraphernalia out of state.
13 Chapter 22. Reports
14 Sec. 1. The ICC shall, not later than December 31 of each year,
15 submit a report concerning the cannabis program to the legislative
16 council, the governor, and the chief justice of the supreme court.
17 The report to the legislative council must be in an electronic format
18 under IC 5-14-6.
19 Chapter 23. Civil Penalties
20 Sec. 1. The ICC may assess a civil penalty of not more than
21 twenty thousand dollars ($20,000) for each violation of this article
22 or a rule adopted under this article. In addition, the ICC may
23 impose an additional penalty of not more than two thousand five
24 hundred dollars ($2,500) for each day of a continuing violation.
25 Sec. 2. (a) In determining the amount of a civil penalty imposed
26 under this chapter, the ICC shall consider the following:
27 (1) The seriousness of the violation.
28 (2) The potential harm resulting from the violation to adult
29 cannabis users, patients, caregivers, or the general public.
30 (3) The willfulness of the violation.
31 (4) Any previous violations.
32 (5) The economic benefit that accrued to the person who
33 committed the violation.
34 (b) If the ICC finds that the:
35 (1) violation did not threaten the safety or health of an adult
36 cannabis user, a patient, a caregiver, or the general public;
37 and
38 (2) violator took immediate action to remedy the violation
39 upon learning of it;
40 the ICC may issue a written warning instead of assessing a civil
41 penalty.
42 Sec. 3. In addition to the civil penalty described in this chapter
2024	IN 99—LS 6236/DI 106 29
1 and any other penalty authorized by law, the ICC may revoke or
2 suspend a person's permit or patient or caregiver identification
3 card.
4 Chapter 24. Research
5 Sec. 1. (a) The ICC may provide assistance to universities,
6 research facilities, pharmaceutical companies, state agencies, and
7 similar entities that wish to conduct research concerning cannabis.
8 (b) The ICC may conduct research concerning cannabis.
9 Sec. 2. The ICC may authorize persons conducting research on
10 cannabis to obtain, possess, transport, and use cannabis for
11 research purposes, under terms and conditions established by the
12 ICC. The ICC shall issue appropriate documentation to allow
13 persons to obtain cannabis for research purposes.
14 Chapter 25. Employment
15 Sec. 1. The following definitions apply throughout this chapter:
16 (1) "On call" means that an employee is scheduled with at
17 least twenty-four (24) hours notice by the employee's
18 employer to be on standby or otherwise responsible for
19 performing tasks related to the employee's employment either
20 at the employer's premises or other previously designated
21 location by the employee's employer or supervisor to perform
22 a work related task.
23 (2) "Workplace" means the employer's premises, including
24 any building, real property, and parking area under the
25 control of the employer or area used by an employee while in
26 performance of the employee's job duties, and vehicles,
27 whether leased, rented, or owned. The term includes another
28 location as defined by the employer's written employment
29 policy, to the extent that the policy is generally consistent with
30 this subdivision.
31 Sec. 2. This article does not:
32 (1) prohibit an employer from adopting reasonable zero
33 tolerance or drug free workplace policies, or employment
34 policies concerning drug testing, smoking, consumption,
35 storage, or use of cannabis in the workplace or while on call
36 provided that the policy is applied in a nondiscriminatory
37 manner;
38 (2) require an employer to permit an employee to be under
39 the influence of or use cannabis in the employer's workplace
40 or while performing the employee's job duties or while on
41 call; or
42 (3) limit or prevent an employer from disciplining an
2024	IN 99—LS 6236/DI 106 30
1 employee or terminating employment of an employee for
2 violating an employer's employment policies or workplace
3 drug policies.
4 Sec. 3. For purposes of section 2 of this chapter, an employer
5 may consider an employee to be impaired by or under the influence
6 of cannabis if the employer has a good faith belief that an employee
7 manifests specific, articulable symptoms while working that
8 decrease or lessen the employee's performance of the duties or
9 tasks of the employee's job position, including symptoms of the
10 employee's speech, physical dexterity, agility, coordination,
11 demeanor, irrational or unusual behavior, or negligence or
12 carelessness in operating equipment or machinery; disregard for
13 the safety of the employee or others, or involvement in any accident
14 that results in serious damage to equipment or property;
15 disruption of a production or manufacturing process; or
16 carelessness that results in any injury to the employee or others. If
17 an employer elects to discipline an employee on the basis that the
18 employee is under the influence of or impaired by cannabis, the
19 employer must afford the employee a reasonable opportunity to
20 contest the basis of the determination.
21 Sec. 4. This article does not create or imply a cause of action for
22 any person against an employer for:
23 (1) actions, including subjecting an employee or applicant to
24 reasonable drug and alcohol testing under the employer's
25 workplace drug policy, including an employee's refusal to be
26 tested or to cooperate in testing procedures or disciplining or
27 termination of employment, based on the employer's good
28 faith belief that an employee used or possessed cannabis in the
29 employer's workplace or while performing the employee's job
30 duties or while on call in violation of the employer's
31 employment policies;
32 (2) actions, including discipline or termination of employment,
33 based on the employer's good faith belief that an employee
34 was impaired as a result of the use of cannabis, or under the
35 influence of cannabis, while at the employer's workplace or
36 while performing the employee's job duties or while on call in
37 violation of the employer's workplace drug policy; or
38 (3) injury, loss, or liability to a third party if the employer
39 neither knew nor had reason to know that the employee was
40 impaired.
41 Sec. 5. This article does not enhance or diminish protections
42 afforded by any other law.
2024	IN 99—LS 6236/DI 106 31
1 Sec. 6. This article does not interfere with any federal, state, or
2 local restrictions on employment including the United States
3 Department of Transportation regulation 49 CFR 40.151(e) or
4 impact an employer's ability to comply with federal or state law or
5 cause an employer to lose any federal or state contract or funding.
6 SECTION 6. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
7 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
8 2024]:
9 ARTICLE 9. INDIANA CANNABIS COMMISSION
10 Chapter 1. Definitions
11 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
12 article.
13 Chapter 2. General Provisions
14 Sec. 1. The Indiana cannabis commission (ICC) is established as
15 an agency of the executive branch of state government for purposes
16 of administering the cannabis program.
17 Sec. 2. (a) The ICC consists of:
18 (1) the ICC board;
19 (2) the executive director; and
20 (3) other employees necessary to carry out the duties of the
21 ICC.
22 (b) The ICC board is established as a continuing board of the
23 executive branch of state government.
24 (c) The ICC board consists of three (3) commissioners, who shall
25 direct and oversee the operation of the ICC.
26 Sec. 3. (a) The commissioners shall be appointed by the
27 governor.
28 (b) A commissioner serves for a term that ends June 30 of the
29 next odd-numbered year after appointment. A commissioner is
30 eligible for reappointment.
31 (c) Not more than two (2) commissioners may belong to the
32 same political party.
33 (d) A commissioner serves the commissioner's term at the
34 pleasure of the governor.
35 Sec. 4. To be eligible for appointment as a commissioner, an
36 individual must have the following qualifications:
37 (1) The individual may not be employed by the state in any
38 other capacity.
39 (2) The individual must have good moral character.
40 (3) The individual must have been a resident of Indiana for at
41 least ten (10) years immediately preceding the appointment.
42 Sec. 5. The governor shall appoint one (1) commissioner to serve
2024	IN 99—LS 6236/DI 106 32
1 as chairperson of the ICC board, and one (1) commissioner to
2 serve as vice chairperson. The vice chairperson shall act as the
3 chairperson if the chairperson is unable to attend a meeting of the
4 ICC board. The chairperson and vice chairperson serve at the
5 pleasure of the governor.
6 Sec. 6. A commissioner appointed to fill a vacancy in the
7 membership of the ICC board shall serve only for the remainder
8 of the unexpired term. In all other respects, an appointment to fill
9 a vacancy shall be made in the same manner that an original
10 appointment is made.
11 Sec. 7. (a) As compensation for services, each commissioner is
12 entitled to the minimum salary per diem provided by
13 IC 4-10-11-2.1(b). A commissioner is also entitled to
14 reimbursement for traveling expenses as provided under
15 IC 4-13-1-4 and other expenses actually incurred in connection
16 with the commissioner's duties as provided in the state policies and
17 procedures established by the Indiana department of
18 administration and approved by the budget agency.
19 (b) The expenses of the ICC board shall be paid from funds
20 appropriated to the regulatory agency.
21 Sec. 8. Each commissioner shall execute:
22 (1) a surety bond in the amount of ten thousand dollars
23 ($10,000), with surety approved by the governor; and
24 (2) an oath of office.
25 The surety bond and the oath of office shall be filed in the office of
26 the secretary of state.
27 Sec. 9. The required surety bond executed and filed on behalf of
28 a commissioner shall be made payable to the state of Indiana and
29 conditioned upon the faithful discharge of the commissioner's
30 duties.
31 Sec. 10. The ICC board shall hold meetings at the call of the
32 chairperson. The ICC board may establish rules governing
33 meetings.
34 Sec. 11. (a) Two (2) ICC commissioners constitute a quorum for
35 the transaction of business.
36 (b) Each commissioner has one (1) vote.
37 (c) Action of the ICC board may be taken only upon the
38 affirmative votes of at least two (2) commissioners.
39 Sec. 12. An ICC commissioner may not solicit or accept a
40 political contribution from a patient, a caregiver, or any individual
41 or entity that has a permit or has applied for a permit issued by the
42 ICC. However, the right of a commissioner to vote as the
2024	IN 99—LS 6236/DI 106 33
1 commissioner chooses and to express the commissioner's opinions
2 on political subjects and candidates may not be impaired.
3 Chapter 3. Employees and Administration
4 Sec. 1. (a) The ICC board shall appoint an executive director to
5 assist the ICC in the efficient administration of its powers and
6 duties.
7 (b) The ICC board shall fix the salary of the executive director,
8 subject to the approval of the budget agency.
9 Sec. 2. The ICC has the power to employ all necessary
10 employees, determine their duties, and, subject to the approval of
11 the ICC board and the budget agency, fix their salaries.
12 Chapter 4. Powers and Duties
13 Sec. 1. The chairperson is the presiding officer at the meetings
14 of the ICC board. The chairperson, together with the executive
15 director, shall prepare, certify, and authenticate all proceedings,
16 minutes, records, rules, and regulations of the ICC board. The
17 chairperson shall also perform all other duties as imposed on the
18 chairperson by this title.
19 Sec. 2. The ICC has the power to organize its work, to enforce
20 and administer this article and IC 7.1-8, and to enforce and
21 administer the rules adopted by the ICC.
22 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to prescribe
23 the forms for all applications, documents, permits, patient or
24 caregiver identification cards, and licenses used in the
25 administration of this article and IC 7.1-8.
26 Sec. 4. The ICC has the following powers:
27 (1) To hold hearings before the ICC or its representative.
28 (2) To take testimony and receive evidence.
29 (3) To conduct inquiries with or without a hearing.
30 (4) To receive reports of investigators or other governmental
31 officers and employees.
32 (5) To administer oaths.
33 (6) To subpoena witnesses and to compel them to appear and
34 testify.
35 (7) To certify copies of records of the ICC or any other
36 document or record on file with the ICC.
37 (8) To fix the form, mode, manner, time, and number of times
38 for the posting or publication of any required notices if not
39 otherwise provided.
40 (9) To adopt rules under IC 4-22-2 to carry out this article
41 and IC 7.1-8.
42 Sec. 5. The ICC has the following duties:
2024	IN 99—LS 6236/DI 106 34
1 (1) To establish the cannabis program described in IC 7.1-8
2 and to adopt all necessary rules to implement the program.
3 (2) To implement protocols for the application and issuance
4 of a patient or caregiver identification card, including
5 protocols to:
6 (A) prevent fraud;
7 (B) ensure the accuracy of information contained in the
8 application; and
9 (C) protect the privacy of an applicant.
10 (3) To advise the general assembly concerning the
11 establishment of a program for the:
12 (A) manufacture;
13 (B) cultivation;
14 (C) advertising;
15 (D) transportation; and
16 (E) sale;
17 of cannabis.
18 (4) To encourage research concerning cannabis.
19 Chapter 5. Research and Development
20 Sec. 1. To permit and encourage research concerning cannabis:
21 (1) an accredited institution of higher education with a
22 physical presence in Indiana; and
23 (2) a pharmaceutical or agricultural business having a
24 research facility in Indiana;
25 may apply to the ICC for a license to conduct research concerning
26 cannabis.
27 Sec. 2. An application under this chapter must include the
28 following:
29 (1) The nature of the research project.
30 (2) The names of the individuals who will conduct the
31 research project.
32 (3) The approximate quantity of cannabis that will be used in
33 the research project.
34 (4) The security protocol to be implemented to ensure that
35 cannabis is not diverted for uses other than the research
36 project.
37 (5) Any other information required by the ICC.
38 Sec. 3. Upon receipt of a completed application, the ICC may
39 issue a research license to the accredited institution of higher
40 education or pharmaceutical or agricultural business. The research
41 license must specifically list the names of each individual
42 participating in the research project who will have custody or
2024	IN 99—LS 6236/DI 106 35
1 control of cannabis for research purposes and the approximate
2 quantity of the cannabis that will be used in the research project.
3 Sec. 4. The ICC may charge a reasonable fee for issuance of a
4 research license.
5 SECTION 7. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 1. (a) A person who operates a vehicle with an
8 alcohol concentration equivalent to at least eight-hundredths (0.08)
9 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
10 per:
11 (1) one hundred (100) milliliters of the person's blood; or
12 (2) two hundred ten (210) liters of the person's breath;
13 commits a Class C misdemeanor.
14 (b) A person who operates a vehicle with an alcohol concentration
15 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
16 (1) one hundred (100) milliliters of the person's blood; or
17 (2) two hundred ten (210) liters of the person's breath;
18 commits a Class A misdemeanor.
19 (c) A person who operates a vehicle with a controlled substance
20 listed in schedule I or II of IC 35-48-2 or its metabolite, not including
21 THC, in the person's blood commits a Class C misdemeanor.
22 (d) It is a defense to subsection (c) that:
23 (1) the accused person consumed the controlled substance in
24 accordance with a valid prescription or order of a practitioner (as
25 defined in IC 35-48-1) who acted in the course of the
26 practitioner's professional practice; or
27 (2) the:
28 (A) controlled substance is marijuana or a metabolite of
29 marijuana;
30 (B) person was not intoxicated;
31 (C) person did not cause a traffic accident; and
32 (D) substance was identified by means of a chemical test taken
33 pursuant to IC 9-30-7.
34 (e) A person who:
35 (1) operates a vehicle with at least five (5) nanograms per
36 milliliter of THC in the person's whole blood; and
37 (2) is impaired;
38 commits a Class C misdemeanor.
39 SECTION 8. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
40 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 4. (a) A person who causes serious bodily injury
42 to another person when operating a vehicle:
2024	IN 99—LS 6236/DI 106 36
1 (1) with an alcohol concentration equivalent to at least
2 eight-hundredths (0.08) gram of alcohol per:
3 (A) one hundred (100) milliliters of the person's blood; or
4 (B) two hundred ten (210) liters of the person's breath;
5 (2) with a controlled substance listed in schedule I or II of
6 IC 35-48-2 or its metabolite, not including THC, in the person's
7 blood;
8 (3) with at least five (5) nanograms per milliliter of THC in
9 the person's whole blood; or
10 (3) (4) while intoxicated;
11 commits a Level 5 felony. However, the offense is a Level 4 felony if
12 the person has a previous conviction of operating while intoxicated
13 within the five (5) years preceding the commission of the offense.
14 (b) A person who violates subsection (a) commits a separate offense
15 for each person whose serious bodily injury is caused by the violation
16 of subsection (a).
17 (c) It is a defense under subsection (a)(2) that the accused person
18 consumed the controlled substance in accordance with a valid
19 prescription or order of a practitioner (as defined in IC 35-48-1) who
20 acted in the course of the practitioner's professional practice.
21 SECTION 9. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
22 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 5. (a) A person who causes the death or
24 catastrophic injury of another person when operating a vehicle:
25 (1) with an alcohol concentration equivalent to at least
26 eight-hundredths (0.08) gram of alcohol per:
27 (A) one hundred (100) milliliters of the person's blood; or
28 (B) two hundred ten (210) liters of the person's breath;
29 (2) with a controlled substance listed in schedule I or II of
30 IC 35-48-2 or its metabolite, not including THC, in the person's
31 blood;
32 (3) with at least five (5) nanograms per milliliter of THC in
33 the person's whole blood; or
34 (3) (4) while intoxicated;
35 commits a Level 4 felony.
36 (b) A person who causes the death of a law enforcement animal (as
37 defined in IC 35-46-3-4.5) when operating a vehicle:
38 (1) with an alcohol concentration equivalent to at least
39 eight-hundredths (0.08) gram of alcohol per:
40 (A) one hundred (100) milliliters of the person's blood; or
41 (B) two hundred ten (210) liters of the person's breath; or
42 (2) with a controlled substance listed in schedule I or II of
2024	IN 99—LS 6236/DI 106 37
1 IC 35-48-2 or its metabolite, not including THC, in the person's
2 blood; or
3 (3) with at least five (5) nanograms per milliliter of THC in
4 the person's whole blood;
5 commits a Level 6 felony.
6 (c) A person who commits an offense under subsection (a) or (b)
7 commits a separate offense for each person or law enforcement animal
8 whose death (or catastrophic injury, in the case of a person) is caused
9 by the violation of subsection (a) or (b).
10 (d) It is a defense under subsection (a) or (b) that the person accused
11 of causing the death or catastrophic injury of another person or the
12 death of a law enforcement animal when operating a vehicle with a
13 controlled substance listed in schedule I or II of IC 35-48-2 or its
14 metabolite in the person's blood consumed the controlled substance in
15 accordance with a valid prescription or order of a practitioner (as
16 defined in IC 35-48-1) who acted in the course of the practitioner's
17 professional practice.
18 SECTION 10. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 6. (a) A physician, a person trained in retrieving
21 contraband or obtaining bodily substance samples and acting under the
22 direction of or under a protocol prepared by a physician, or a licensed
23 health care professional acting within the professional's scope of
24 practice and under the direction of or under a protocol prepared by a
25 physician, who:
26 (1) obtains a blood, urine, or other bodily substance sample from
27 a person, regardless of whether the sample is taken for diagnostic
28 purposes or at the request of a law enforcement officer under this
29 section;
30 (2) performs a chemical test on blood, urine, or other bodily
31 substance obtained from a person; or
32 (3) searches for or retrieves contraband from the body cavity of an
33 individual;
34 shall deliver the sample or contraband or disclose the results of the test
35 to a law enforcement officer who requests the sample, contraband, or
36 results as a part of a criminal investigation. Samples, contraband, and
37 test results shall be provided to a law enforcement officer even if the
38 person has not consented to or otherwise authorized their release.
39 (b) A physician, a licensed health care professional, a hospital, or an
40 agent of a physician or hospital is not civilly or criminally liable for any
41 of the following:
42 (1) Disclosing test results in accordance with this section.
2024	IN 99—LS 6236/DI 106 38
1 (2) Delivering contraband, or a blood, urine, or other bodily
2 substance sample in accordance with this section.
3 (3) Searching for or retrieving contraband or obtaining a blood,
4 urine, or other bodily substance sample in accordance with this
5 section.
6 (4) Disclosing to the prosecuting attorney or the deputy
7 prosecuting attorney for use at or testifying at the criminal trial of
8 the person as to facts observed or opinions formed.
9 (5) Failing to treat a person from whom contraband is retrieved or
10 a blood, urine, or other bodily substance sample is obtained at the
11 request of a law enforcement officer if the person declines
12 treatment.
13 (6) Injury to a person arising from the performance of duties in
14 good faith under this section. However, immunity does not apply
15 if the physician, licensed health care professional, hospital, or
16 agent of a physician or hospital acts with gross negligence or
17 willful or wanton misconduct.
18 (c) For the purposes of a criminal proceeding:
19 (1) the privileges arising from a patient-physician relationship do
20 not apply to the contraband, samples, test results, or testimony
21 described in this section; and
22 (2) contraband, samples, test results, and testimony may be
23 admitted in a proceeding in accordance with the applicable rules
24 of evidence.
25 (d) The exceptions to the patient-physician relationship specified in
26 subsection (c) do not affect those relationships in a proceeding that is
27 not a criminal proceeding.
28 (e) The contraband, test results, and samples obtained by a law
29 enforcement officer under subsection (a) may be disclosed only to a
30 prosecuting attorney or a deputy prosecuting attorney for use as
31 evidence in a criminal proceeding.
32 (f) This section does not require a physician or a person under the
33 direction of a physician to perform a chemical test or to retrieve
34 contraband.
35 (g) If the person:
36 (1) from whom the contraband is to be retrieved or the bodily
37 substance sample is to be obtained under this section does not
38 consent; and
39 (2) resists the retrieval of the contraband or the taking of a
40 sample;
41 the law enforcement officer may use reasonable force to assist an
42 individual, who must be authorized under this section to retrieve
2024	IN 99—LS 6236/DI 106 39
1 contraband or obtain a sample, in the retrieval of the contraband or the
2 taking of the sample.
3 (h) The person authorized under this section to retrieve contraband
4 or obtain a bodily substance sample shall take the sample or retrieve
5 the contraband in a medically accepted manner.
6 (i) This subsection does not apply to contraband retrieved or a
7 bodily substance sample taken at a licensed hospital (as defined in
8 IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
9 may transport the person to a place where the contraband may be
10 retrieved or the sample may be obtained by any of the following
11 persons who are trained in retrieving contraband or obtaining bodily
12 substance samples and who have been engaged to retrieve contraband
13 or obtain samples under this section:
14 (1) A physician holding an unlimited license to practice medicine
15 or osteopathy.
16 (2) A registered nurse.
17 (3) A licensed practical nurse.
18 (4) An advanced emergency medical technician (as defined in
19 IC 16-18-2-6.5).
20 (5) A paramedic (as defined in IC 16-18-2-266).
21 (6) Except as provided in subsections (j) through (k), any other
22 person qualified through training, experience, or education to
23 retrieve contraband or obtain a bodily substance sample.
24 (j) A law enforcement officer may not retrieve contraband or obtain
25 a bodily substance sample under this section if the contraband is to be
26 retrieved or the sample is to be obtained from another law enforcement
27 officer as a result of the other law enforcement officer's involvement in
28 an accident or alleged crime.
29 (k) A law enforcement officer who is otherwise qualified to obtain
30 a bodily substance sample under this section may obtain a bodily
31 substance sample from a person involved in an accident or alleged
32 crime who is not a law enforcement officer only if:
33 (1) the officer obtained a bodily substance sample from an
34 individual as part of the officer's official duties as a law
35 enforcement officer; and
36 (2) the:
37 (A) person consents to the officer obtaining a bodily substance
38 sample; or
39 (B) obtaining of the bodily substance sample is authorized by
40 a search warrant.
41 (l) A physician or a person trained in obtaining bodily samples who
42 is acting under the direction of or under a protocol prepared by a
2024	IN 99—LS 6236/DI 106 40
1 physician shall obtain a blood sample if the following conditions are
2 satisfied:
3 (1) A law enforcement officer requests that the sample be
4 obtained.
5 (2) The law enforcement officer has certified in writing the
6 following:
7 (A) That the officer has probable cause to believe the person
8 from whom the sample is to be obtained has violated
9 IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2),
10 IC 35-46-9-6(c)(2), or IC 35-46-9-6(c). IC 35-46-9-6(d).
11 (B) That the offense resulting in a criminal investigation
12 described in subsection (a) occurred not more than three (3)
13 hours before the time the sample is requested.
14 (C) That exigent circumstances exist that create pressing
15 health, safety, or law enforcement needs that would take
16 priority over a warrant application.
17 (3) Not more than the use of reasonable force is necessary to
18 obtain the sample.
19 SECTION 11. IC 35-38-9-1.5 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2024]: Sec. 1.5. (a) This section applies only
22 to a person convicted of one (1) or more of the following offenses
23 if the act constituting the offense is now permitted under
24 IC 7.1-8-3:
25 (1) IC 35-48-4-8.3 (possession of paraphernalia).
26 (2) IC 35-48-4-8.5 (dealing in paraphernalia).
27 (3) IC 35-48-4-10 (dealing in marijuana).
28 (4) IC 35-48-4-11 (possession of marijuana).
29 (b) A person to whom this section applies may petition a court
30 to expunge all conviction records, including records contained in:
31 (1) a court's files;
32 (2) the files of the department of correction;
33 (3) the files of the bureau of motor vehicles; and
34 (4) the files of any other person who provided treatment or
35 services to the petitioning person under a court order;
36 that relate to the person's conviction, including records of a
37 collateral action.
38 (c) A petition for expungement of records must be verified and
39 filed in a circuit or superior court in the county of conviction. The
40 petition must set forth:
41 (1) the date of the conviction;
42 (2) the county of conviction;
2024	IN 99—LS 6236/DI 106 41
1 (3) the court that entered the conviction;
2 (4) any other known identifying information, such as:
3 (A) the name of the arresting officer;
4 (B) the case number or court cause number;
5 (C) any aliases or other names used by the petitioner;
6 (D) the petitioner's driver's license number; and
7 (E) a list of each criminal charge and its disposition, if
8 applicable;
9 (5) the date of the petitioner's birth; and
10 (6) the petitioner's Social Security number.
11 A person who files a petition under this section is not required to
12 pay a filing fee.
13 (d) The court shall serve a copy of the petition on the
14 prosecuting attorney.
15 (e) Upon receipt of a petition for expungement, the court:
16 (1) may summarily deny the petition if the petition does not
17 meet the requirements of this section, or if the statements
18 contained in the petition indicate that the petitioner is not
19 entitled to relief; and
20 (2) shall grant the petition unless the conditions described in
21 subsection (a) have not been met.
22 (f) Whenever the petition of a person under this section is
23 granted:
24 (1) no information concerning the conviction (including
25 information from a collateral action that identifies the
26 petitioner) may be placed or retained in any state central
27 repository for criminal history information or in any other
28 alphabetically arranged criminal history information system
29 maintained by a local, regional, or statewide law enforcement
30 agency;
31 (2) the clerk of the supreme court shall seal or redact any
32 records in the clerk's possession that relate to the vacated
33 conviction;
34 (3) the records of:
35 (A) the sentencing court;
36 (B) a court that conducted a collateral action;
37 (C) a court of appeals; and
38 (D) the supreme court;
39 concerning the person shall be redacted or permanently
40 sealed; and
41 (4) with respect to the records of a person who is named as an
42 appellant or an appellee in an opinion or memorandum
2024	IN 99—LS 6236/DI 106 42
1 decision by the supreme court or the court of appeals, or who
2 is identified in a collateral action, the court shall:
3 (A) redact the opinion or memorandum decision as it
4 appears on the computer gateway administered by the
5 office of technology so that it does not include the
6 petitioner's name (in the same manner that opinions
7 involving juveniles are redacted); and
8 (B) provide a redacted copy of the opinion to any publisher
9 or organization to whom the opinion or memorandum
10 decision is provided after the date of the order of
11 expungement.
12 The supreme court and the court of appeals are not required to
13 redact, destroy, or otherwise dispose of any existing copy of an
14 opinion or memorandum decision that includes the petitioner's
15 name.
16 (g) If the court issues an order granting a petition for
17 expungement under this section, the order must include the
18 information described in subsection (f).
19 (h) If a person whose records are expunged brings an action that
20 might be defended with the contents of the expunged records, the
21 defendant is presumed to have a complete defense to the action. In
22 order for the plaintiff to recover, the plaintiff must show that the
23 contents of the expunged records would not exonerate the
24 defendant. The plaintiff may be required to state under oath
25 whether the plaintiff had records in the criminal or juvenile justice
26 system and whether those records were expunged. If the plaintiff
27 denies the existence of the records, the defendant may prove their
28 existence in any manner compatible with the law of evidence.
29 SECTION 12. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
30 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (b) and
32 (c) and (d), a person who operates a motorboat while:
33 (1) having an alcohol concentration equivalent (as defined in
34 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
35 per:
36 (A) one hundred (100) milliliters of the person's blood; or
37 (B) two hundred ten (210) liters of the person's breath;
38 (2) having a controlled substance listed in schedule I or II of
39 IC 35-48-2 or its metabolite, not including THC, in the person's
40 body; or
41 (3) intoxicated;
42 commits a Class C misdemeanor.
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1 (b) A person who:
2 (1) operates a vehicle with at least five (5) nanograms per
3 milliliter of THC in the person's whole blood; and
4 (2) is impaired;
5 commits a Class C misdemeanor.
6 (b) (c) The offense under subsection (a) or (b) is a Level 6 felony
7 if:
8 (1) the person has a previous conviction under:
9 (A) IC 14-1-5 (repealed);
10 (B) IC 14-15-8-8 (repealed); or
11 (C) this chapter; or
12 (2) the offense results in serious bodily injury to another person.
13 (c) (d) The offense under subsection (a) or (b) is a Level 5 felony
14 if the offense results in the death or catastrophic injury of another
15 person.
16 (d) (e) It is a defense to a prosecution under subsection (a)(2) that
17 the accused person consumed the controlled substance in accordance
18 with a valid prescription or order of a practitioner (as defined in
19 IC 35-48-1-24) who acted in the course of the practitioner's
20 professional practice.
21 SECTION 13. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
22 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 8.3. (a) This section does not apply to:
24 (1) a rolling paper; or
25 (2) a person, including an adult cannabis user, patient,
26 caregiver, cannabis organization, research facility, or
27 transporter described in IC 7.1-8, if the person is in
28 substantial compliance with the requirements of IC 7.1-8.
29 (b) A person who knowingly or intentionally possesses an
30 instrument, a device, or another object that the person intends to use
31 for:
32 (1) introducing into the person's body a controlled substance;
33 (2) testing the strength, effectiveness, or purity of a controlled
34 substance; or
35 (3) enhancing the effect of a controlled substance;
36 commits a Class C misdemeanor. However, the offense is a Class A
37 misdemeanor if the person has a prior unrelated judgment or conviction
38 under this section.
39 SECTION 14. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 8.5. (a) A person who keeps for sale, offers for
42 sale, delivers, or finances the delivery of a raw material, an instrument,
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1 a device, or other object that is intended to be or that is designed or
2 marketed to be used primarily for:
3 (1) ingesting, inhaling, or otherwise introducing into the human
4 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
5 controlled substance;
6 (2) testing the strength, effectiveness, or purity of marijuana, hash
7 oil, hashish, salvia, a synthetic drug, or a controlled substance;
8 (3) enhancing the effect of a controlled substance;
9 (4) manufacturing, compounding, converting, producing,
10 processing, or preparing marijuana, hash oil, hashish, salvia, a
11 synthetic drug, or a controlled substance;
12 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
13 synthetic drug, or a controlled substance by individuals; or
14 (6) any purpose announced or described by the seller that is in
15 violation of this chapter;
16 commits a Class A infraction for dealing in paraphernalia.
17 (b) A person who knowingly or intentionally violates subsection (a)
18 commits a Class A misdemeanor. However, the offense is a Level 6
19 felony if the person has a prior unrelated judgment or conviction under
20 this section.
21 (c) This section does not apply to the following:
22 (1) Items marketed for use in the preparation, compounding,
23 packaging, labeling, or other use of marijuana, hash oil, hashish,
24 salvia, a synthetic drug, or a controlled substance as an incident
25 to lawful research, teaching, or chemical analysis and not for sale.
26 (2) Items marketed for or historically and customarily used in
27 connection with the planting, propagating, cultivating, growing,
28 harvesting, manufacturing, compounding, converting, producing,
29 processing, preparing, testing, analyzing, packaging, repackaging,
30 storing, containing, concealing, injecting, ingesting, or inhaling
31 of tobacco or any other lawful substance.
32 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
33 a syringe or needle as part of a program under IC 16-41-7.5.
34 (4) Any entity or person that provides funding to a qualified entity
35 (as defined in IC 16-41-7.5-3) to operate a program described in
36 IC 16-41-7.5.
37 (5) A person, including an adult cannabis user, patient,
38 caregiver, cannabis organization, research facility, or
39 transporter described in IC 7.1-8, if the person is in
40 substantial compliance with the requirements of IC 7.1-8.
41 SECTION 15. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
42 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024	IN 99—LS 6236/DI 106 45
1 JULY 1, 2024]: Sec. 10. (a) A person who:
2 (1) knowingly or intentionally:
3 (A) manufactures;
4 (B) finances the manufacture of;
5 (C) delivers; or
6 (D) finances the delivery of;
7 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
8 (2) possesses, with intent to:
9 (A) manufacture;
10 (B) finance the manufacture of;
11 (C) deliver; or
12 (D) finance the delivery of;
13 marijuana, hash oil, hashish, or salvia, pure or adulterated;
14 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
15 misdemeanor, except as provided in subsections (b) through (d).
16 (b) A person may be convicted of an offense under subsection (a)(2)
17 only if:
18 (1) there is evidence in addition to the weight of the drug that the
19 person intended to manufacture, finance the manufacture of,
20 deliver, or finance the delivery of the drug; or
21 (2) the amount of the drug involved is at least:
22 (A) ten (10) pounds, if the drug is marijuana; or
23 (B) three hundred (300) grams, if the drug is hash oil, hashish,
24 or salvia.
25 (c) The offense is a Level 6 felony if:
26 (1) the person has a prior conviction for a drug offense and the
27 amount of the drug involved is:
28 (A) less than thirty (30) grams of marijuana; or
29 (B) less than five (5) grams of hash oil, hashish, or salvia; or
30 (2) the amount of the drug involved is:
31 (A) at least thirty (30) grams but less than ten (10) pounds of
32 marijuana; or
33 (B) at least five (5) grams but less than three hundred (300)
34 grams of hash oil, hashish, or salvia.
35 (d) The offense is a Level 5 felony if:
36 (1) the person has a prior conviction for a drug dealing offense
37 and the amount of the drug involved is:
38 (A) at least thirty (30) grams but less than ten (10) pounds of
39 marijuana; or
40 (B) at least five (5) grams but less than three hundred (300)
41 grams of hash oil, hashish, or salvia;
42 (2) the:
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1 (A) amount of the drug involved is:
2 (i) at least ten (10) pounds of marijuana; or
3 (ii) at least three hundred (300) grams of hash oil, hashish,
4 or salvia; or
5 (B) offense involved a sale to a minor; or
6 (3) the:
7 (A) person is a retailer;
8 (B) marijuana, hash oil, hashish, or salvia is packaged in a
9 manner that appears to be low THC hemp extract; and
10 (C) person knew or reasonably should have known that the
11 product was marijuana, hash oil, hashish, or salvia.
12 (e) This section does not apply to a person, including an adult
13 cannabis user, patient, caregiver, cannabis organization, research
14 facility, or transporter described in IC 7.1-8, if the person is in
15 substantial compliance with the requirements of IC 7.1-8.
16 SECTION 16. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
17 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 11. (a) A person who:
19 (1) knowingly or intentionally possesses (pure or adulterated)
20 marijuana, hash oil, hashish, or salvia;
21 (2) knowingly or intentionally grows or cultivates marijuana; or
22 (3) knowing that marijuana is growing on the person's premises,
23 fails to destroy the marijuana plants;
24 commits possession of marijuana, hash oil, hashish, or salvia, a Class
25 B misdemeanor, except as provided in subsections (b) through (c).
26 (b) The offense described in subsection (a) is a Class A
27 misdemeanor if:
28 (1) the person has a prior conviction for a drug offense; or
29 (2) the:
30 (A) marijuana, hash oil, hashish, or salvia is packaged in a
31 manner that appears to be low THC hemp extract; and
32 (B) person knew or reasonably should have known that the
33 product was marijuana, hash oil, hashish, or salvia.
34 (c) The offense described in subsection (a) is a Level 6 felony if:
35 (1) the person has a prior conviction for a drug offense; and
36 (2) the person possesses:
37 (A) at least thirty (30) grams of marijuana; or
38 (B) at least five (5) grams of hash oil, hashish, or salvia.
39 (d) This section does not apply to a person, including an adult
40 cannabis user, patient, caregiver, cannabis organization, research
41 facility, or transporter described in IC 7.1-8, if the person is in
42 substantial compliance with the requirements of IC 7.1-8.
2024	IN 99—LS 6236/DI 106