Indiana 2024 Regular Session

Indiana Senate Bill SB0107 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 107
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-2.5-8-7; IC 6-8.1-1-1; IC 6-11; IC 7.1-8;
7	7	IC 9-30-5; IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
8	8	IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
9	9	IC 34-24-1-1; IC 34-30-2.1-73.5; IC 35-31.5-2-185; IC 35-45-6-1;
10	10	IC 35-46-9-6; IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
11	11	Synopsis: Cannabis regulation. Establishes a procedure for the lawful
12	12	production and sale of cannabis in Indiana. Makes conforming
13	13	amendments.
14	14	Effective: July 1, 2024.
15	15	Niezgodski
16	16	January 8, 2024, read first time and referred to Committee on Commerce and Technology.
17	17	2024 IN 107—LS 6267/DI 106 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	SENATE BILL No. 107
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	criminal law and procedure.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 6-2.5-8-7, AS AMENDED BY P.L.194-2023,
33	33	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2024]: Sec. 7. (a) The department may, for good cause, revoke
35	35	4 a certificate issued under section 1 or 4 of this chapter. However, the
36	36	5 department must give the certificate holder at least five (5) days notice
37	37	6 before it revokes the certificate under this subsection. Good cause for
38	38	7 revocation may include the following:
39	39	8 (1) Failure to:
40	40	9 (A) file a return required under this chapter or for any tax
41	41	10 collected for the state in trust; or
42	42	11 (B) remit any tax collected for the state in trust.
43	43	12 (2) Being charged with a violation of any provision under IC 35.
44	44	13 (3) Being subject to a court order under IC 7.1-2-6-7,
45	45	14 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
46	46	15 (4) Being charged with a violation of IC 23-15-12.
47	47	16 (5) Operating as a retail merchant where the certificate issued
48	48	17 under section 1 of this chapter could have been denied under
49	49	2024 IN 107—LS 6267/DI 106 2
50	50	1 section 1(e) of this chapter prior to its issuance.
51	51	2 The department may revoke a certificate before a criminal adjudication
52	52	3 or without a criminal charge being filed. If the department gives notice
53	53	4 of an intent to revoke based on an alleged violation of subdivision (2),
54	54	5 the department shall hold a public hearing to determine whether good
55	55	6 cause exists. If the department finds in a public hearing by a
56	56	7 preponderance of the evidence that a person has committed a violation
57	57	8 described in subdivision (2), the department shall proceed in
58	58	9 accordance with subsection (i) (if the violation resulted in a criminal
59	59	10 conviction) or subsection (j) (if the violation resulted in a judgment for
60	60	11 an infraction).
61	61	12 (b) The department shall revoke a certificate issued under section
62	62	13 1 or 4 of this chapter if, for a period of three (3) years, the certificate
63	63	14 holder fails to:
64	64	15 (1) file the returns required by IC 6-2.5-6-1; or
65	65	16 (2) report the collection of any state gross retail or use tax on the
66	66	17 returns filed under IC 6-2.5-6-1.
67	67	18 However, the department must give the certificate holder at least five
68	68	19 (5) days notice before it revokes the certificate.
69	69	20 (c) The department may, for good cause, revoke a certificate issued
70	70	21 under section 1 of this chapter after at least five (5) days notice to the
71	71	22 certificate holder if:
72	72	23 (1) the certificate holder is subject to an innkeeper's tax under
73	73	24 IC 6-9; and
74	74	25 (2) a board, bureau, or commission established under IC 6-9 files
75	75	26 a written statement with the department.
76	76	27 (d) The statement filed under subsection (c) must state that:
77	77	28 (1) information obtained by the board, bureau, or commission
78	78	29 under IC 6-8.1-7-1 indicates that the certificate holder has not
79	79	30 complied with IC 6-9; and
80	80	31 (2) the board, bureau, or commission has determined that
81	81	32 significant harm will result to the county from the certificate
82	82	33 holder's failure to comply with IC 6-9.
83	83	34 (e) The department shall revoke or suspend a certificate issued
84	84	35 under section 1 of this chapter after at least five (5) days notice to the
85	85	36 certificate holder if:
86	86	37 (1) the certificate holder owes taxes, penalties, fines, interest, or
87	87	38 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
88	88	39 days after the due date under IC 6-1.1; and
89	89	40 (2) the treasurer of the county to which the taxes are due requests
90	90	41 the department to revoke or suspend the certificate.
91	91	42 (f) The department shall reinstate a certificate suspended under
92	92	2024 IN 107—LS 6267/DI 106 3
93	93	1 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
94	94	2 or the county treasurer requests the department to reinstate the
95	95	3 certificate because an agreement for the payment of taxes and any
96	96	4 penalties due under IC 6-1.1 has been reached to the satisfaction of the
97	97	5 county treasurer.
98	98	6 (g) The department shall revoke a certificate issued under section
99	99	7 1 of this chapter after at least five (5) days notice to the certificate
100	100	8 holder if the department finds in a public hearing by a preponderance
101	101	9 of the evidence that the certificate holder has violated IC 35-45-5-3,
102	102	10 IC 35-45-5-3.5, or IC 35-45-5-4.
103	103	11 (h) If a person makes a payment for the certificate under section 1
104	104	12 of this chapter with a check, credit card, debit card, or electronic funds
105	105	13 transfer, and the department is unable to obtain payment of the check,
106	106	14 credit card, debit card, or electronic funds transfer for its full face
107	107	15 amount when the check, credit card, debit card, or electronic funds
108	108	16 transfer is presented for payment through normal banking channels, the
109	109	17 department shall notify the person by mail that the check, credit card,
110	110	18 debit card, or electronic funds transfer was not honored and that the
111	111	19 person has five (5) days after the notice is mailed to pay the fee in cash,
112	112	20 by certified check, or other guaranteed payment. If the person fails to
113	113	21 make the payment within the five (5) day period, the department shall
114	114	22 revoke the certificate.
115	115	23 (i) If the department finds in a public hearing by a preponderance of
116	116	24 the evidence that a person has a conviction for an offense under
117	117	25 IC 35-48-4 and the conviction involved the sale of or the offer to sell,
118	118	26 in the normal course of business, a synthetic drug (as defined in
119	119	27 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
120	120	28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled
121	121	29 substance analog (as defined in IC 35-48-1-9.3), or a substance
122	122	30 represented to be a controlled substance (as described in
123	123	31 IC 35-48-4-4.6) by a retail merchant in a place of business for which
124	124	32 the retail merchant has been issued a registered retail merchant
125	125	33 certificate under section 1 of this chapter, the department:
126	126	34 (1) shall suspend the registered retail merchant certificate for the
127	127	35 place of business for one (1) year; and
128	128	36 (2) may not issue another retail merchant certificate under section
129	129	37 1 of this chapter for one (1) year to any person:
130	130	38 (A) that:
131	131	39 (i) applied for; or
132	132	40 (ii) made a retail transaction under;
133	133	41 the retail merchant certificate suspended under subdivision
134	134	42 (1); or
135	135	2024 IN 107—LS 6267/DI 106 4
136	136	1 (B) that:
137	137	2 (i) owned or co-owned, directly or indirectly; or
138	138	3 (ii) was an officer, a director, a manager, or a partner of;
139	139	4 the retail merchant that was issued the retail merchant
140	140	5 certificate suspended under subdivision (1).
141	141	6 (j) If the department finds in a public hearing by a preponderance of
142	142	7 the evidence that a person has a judgment for a violation of
143	143	8 IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an infraction and
144	144	9 the violation involved the sale of or the offer to sell, in the normal
145	145	10 course of business, a synthetic drug or a synthetic drug lookalike
146	146	11 substance by a retail merchant in a place of business for which the
147	147	12 retail merchant has been issued a registered retail merchant certificate
148	148	13 under section 1 of this chapter, the department:
149	149	14 (1) may suspend the registered retail merchant certificate for the
150	150	15 place of business for six (6) months; and
151	151	16 (2) may withhold issuance of another retail merchant certificate
152	152	17 under section 1 of this chapter for six (6) months to any person:
153	153	18 (A) that:
154	154	19 (i) applied for; or
155	155	20 (ii) made a retail transaction under;
156	156	21 the retail merchant certificate suspended under subdivision
157	157	22 (1); or
158	158	23 (B) that:
159	159	24 (i) owned or co-owned, directly or indirectly; or
160	160	25 (ii) was an officer, a director, a manager, or a partner of;
161	161	26 the retail merchant that was issued the retail merchant
162	162	27 certificate suspended under subdivision (1).
163	163	28 (k) If the department finds in a public hearing by a preponderance
164	164	29 of the evidence that a person has a conviction for a violation of
165	165	30 IC 35-48-4-10(d)(3) IC 35-48-4-10(e) and the conviction involved an
166	166	31 offense committed by a retail merchant in a place of business for which
167	167	32 the retail merchant has been issued a registered retail merchant
168	168	33 certificate under section 1 of this chapter, the department:
169	169	34 (1) shall suspend the registered retail merchant certificate for the
170	170	35 place of business for one (1) year; and
171	171	36 (2) may not issue another retail merchant certificate under section
172	172	37 1 of this chapter for one (1) year to any person:
173	173	38 (A) that:
174	174	39 (i) applied for; or
175	175	40 (ii) made a retail transaction under;
176	176	41 the retail merchant certificate suspended under subdivision
177	177	42 (1); or
178	178	2024 IN 107—LS 6267/DI 106 5
179	179	1 (B) that:
180	180	2 (i) owned or co-owned, directly or indirectly; or
181	181	3 (ii) was an officer, a director, a manager, or a partner of;
182	182	4 the retail merchant that was issued the retail merchant
183	183	5 certificate suspended under subdivision (1).
184	184	6 SECTION 2. IC 6-8.1-1-1, AS AMENDED BY P.L.1-2023,
185	185	7 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
186	186	8 JULY 1, 2024]: Sec. 1. "Listed taxes" or "taxes" includes only the
187	187	9 pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the supplemental
188	188	10 wagering tax (IC 4-33-12); the riverboat wagering tax (IC 4-33-13); the
189	189	11 slot machine wagering tax (IC 4-35-8); the type II gambling game
190	190	12 excise tax (IC 4-36-9); the gross income tax (IC 6-2.1) (repealed); the
191	191	13 utility receipts and utility services use taxes (IC 6-2.3) (repealed); the
192	192	14 state gross retail and use taxes (IC 6-2.5); the adjusted gross income tax
193	193	15 (IC 6-3); the pass through entity tax (IC 6-3-2.1); the supplemental net
194	194	16 income tax (IC 6-3-8) (repealed); the county adjusted gross income tax
195	195	17 (IC 6-3.5-1.1) (repealed); the county option income tax (IC 6-3.5-6)
196	196	18 (repealed); the county economic development income tax (IC 6-3.5-7)
197	197	19 (repealed); the local income tax (IC 6-3.6); the auto rental excise tax
198	198	20 (IC 6-6-9); the financial institutions tax (IC 6-5.5); the gasoline tax (IC
199	199	21 6-6-1.1); the special fuel tax (IC 6-6-2.5); the motor carrier fuel tax (IC
200	200	22 6-6-4.1); a motor fuel tax collected under a reciprocal agreement under
201	201	23 IC 6-8.1-3; the vehicle excise tax (IC 6-6-5); the aviation fuel excise
202	202	24 tax (IC 6-6-13); the commercial vehicle excise tax (IC 6-6-5.5); the
203	203	25 excise tax imposed on recreational vehicles and truck campers (IC
204	204	26 6-6-5.1); the hazardous waste disposal tax (IC 6-6-6.6) (repealed); the
205	205	27 heavy equipment rental excise tax (IC 6-6-15); the vehicle sharing
206	206	28 excise tax (IC 6-6-16); the cigarette tax (IC 6-7-1); the closed system
207	207	29 cartridge tax (IC 6-7-2-7.5); the electronic cigarette tax (IC 6-7-4); the
208	208	30 cannabis excise tax (IC 6-11); the beer excise tax (IC 7.1-4-2); the
209	209	31 liquor excise tax (IC 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard
210	210	32 cider excise tax (IC 7.1-4-4.5); the petroleum severance tax (IC 6-8-1);
211	211	33 the various innkeeper's taxes (IC 6-9); the various food and beverage
212	212	34 taxes (IC 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28);
213	213	35 the oil inspection fee (IC 16-44-2); the penalties assessed for oversize
214	214	36 vehicles (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
215	215	37 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
216	216	38 fee that the department is required to collect or administer.
217	217	39 SECTION 3. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
218	218	40 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
219	219	41 2024]:
220	220	42 ARTICLE 11. CANNABIS EXCISE TAX
221	221	2024 IN 107—LS 6267/DI 106 6
222	222	1 Chapter 1. Imposition and Collection of Tax
223	223	2 Sec. 1. The following definitions apply throughout this article:
224	224	3 (1) "Department" refers to the department of state revenue.
225	225	4 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
226	226	5 (3) "Retailer permittee" means a person who holds a cannabis
227	227	6 retailer permit issued under IC 7.1-8-15.
228	228	7 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
229	229	8 a rate of ten percent (10%) of the sales price per ounce of cannabis.
230	230	9 This tax shall be paid to the department by the retailer permittee
231	231	10 who sells the cannabis.
232	232	11 Sec. 3. (a) Every person subject to the tax under this article shall
233	233	12 remit the tax owed to the department before the fifteenth day of
234	234	13 the month following the month in which the cannabis is sold.
235	235	14 (b) The department shall prescribe the return to be filed for the
236	236	15 payment of the tax.
237	237	16 Sec. 4. The amounts received from the tax imposed by this
238	238	17 article shall be transferred by the state comptroller to the cannabis
239	239	18 regulation fund established by IC 7.1-8-2-12.
240	240	19 Sec. 5. The department has full power to administer and enforce
241	241	20 this chapter, to collect all taxes and penalties due, and to dispose of
242	242	21 taxes and penalties so collected as provided by law. The tax is a
243	243	22 listed tax for purposes of IC 6-8.1.
244	244	23 Sec. 6. Except as otherwise provided in this article, a tax
245	245	24 imposed under this chapter shall be imposed, paid, and collected in
246	246	25 the same manner that the state gross retail tax is imposed, paid,
247	247	26 and collected under IC 6-2.5.
248	248	27 Sec. 7. The department shall adopt rules under IC 4-22-2 to
249	249	28 implement this article.
250	250	29 SECTION 4. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
251	251	30 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
252	252	31 2024]:
253	253	32 ARTICLE 8. CANNABIS
254	254	33 Chapter 1. Definitions
255	255	34 Sec. 1. The following definitions apply throughout this article
256	256	35 unless the context clearly requires otherwise:
257	257	36 (1) "Applicant" means a person who applies for a permit
258	258	37 under this article.
259	259	38 (2) "Batch" means cannabis plants that have been grown
260	260	39 together.
261	261	40 (3) "Cannabis" means any part of the plant genus Cannabis
262	262	41 whether growing or not, the seeds thereof, and any compound,
263	263	42 manufacture, salt, derivative, mixture, or preparation of the
264	264	2024 IN 107—LS 6267/DI 106 7
265	265	1 plant or its seeds. However, the term does not include:
266	266	2 (A) the mature stalks of the plant;
267	267	3 (B) fiber produced from the stalks;
268	268	4 (C) oil or cake made from the seeds of the plant;
269	269	5 (D) any other compound, manufacture, salt, derivative,
270	270	6 mixture, or preparation of the mature stalks (except the
271	271	7 resin extracted therefrom);
272	272	8 (E) the sterilized seed of the plant which is incapable of
273	273	9 germination;
274	274	10 (F) hemp (as defined in IC 15-15-13-6);
275	275	11 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
276	276	12 or
277	277	13 (H) smokable hemp (as defined in IC 35-48-1-26.6).
278	278	14 (4) "Cannabis canopy" means the surface area used to grow
279	279	15 cannabis plants calculated in square feet and measured using
280	280	16 the outside boundaries of any area that includes cannabis
281	281	17 plants, including all of the space within the boundaries. If
282	282	18 cannabis is grown in a multi-level grow facility, the surface
283	283	19 area used to grow cannabis on each level shall be calculated
284	284	20 separately and added together to determine the size of the
285	285	21 cannabis canopy.
286	286	22 (5) "Cannabis permittee" means an individual, partnership,
287	287	23 company, or corporation permitted to grow, process,
288	288	24 transport, or sell cannabis for commercial purposes in
289	289	25 Indiana.
290	290	26 (6) "Carrier" means a person who is engaged in the
291	291	27 transportation of cannabis or cannabis products between a
292	292	28 grower, a processor, and a retailer and holds a permit issued
293	293	29 under IC 7.1-8-14.
294	294	30 (7) "Commission" means the cannabis commission established
295	295	31 by IC 7.1-8-2-1.
296	296	32 (8) "Crop" means any cannabis grown under a single permit.
297	297	33 (9) "Grower" means an individual, partnership, company, or
298	298	34 corporation that produces cannabis for commercial purposes
299	299	35 and that holds a permit issued under IC 7.1-8-12.
300	300	36 (10) "Integrated permittee" means a permittee who
301	301	37 simultaneously holds a grower permit, a processor permit,
302	302	38 and a retailer permit.
303	303	39 (11) "Permit" means a written authorization issued by the
304	304	40 commission entitling the holder to grow, process, transport,
305	305	41 sell, test, or otherwise deal in cannabis, as provided in this
306	306	42 article.
307	307	2024 IN 107—LS 6267/DI 106 8
308	308	1 (12) "Permittee" means a person who holds a valid permit
309	309	2 under this article, including an agent of, employee of, or
310	310	3 another person acting on behalf of a permittee.
311	311	4 (13) "Personally cultivate" means to grow cannabis for
312	312	5 personal household use.
313	313	6 (14) "Processor" means an individual, partnership, company,
314	314	7 or corporation holding a permit issued under IC 7.1-8-13 that
315	315	8 obtains cannabis from a grower and:
316	316	9 (A) extracts botanical compounds or cannabinoids from
317	317	10 the cannabis;
318	318	11 (B) creates a cannabis infused product; or
319	319	12 (C) prepares or packages cannabis or cannabis products
320	320	13 for retail sale for sale or transfer.
321	321	14 (15) "Retailer" means an individual, partnership, company,
322	322	15 or corporation that holds a permit under IC 7.1-8-15 and that,
323	323	16 in the ordinary course of the person's regular trade or
324	324	17 business:
325	325	18 (A) acquires any form of cannabis for the purpose of
326	326	19 resale; and
327	327	20 (B) transfers the cannabis or cannabis products to another
328	328	21 person for money or other consideration.
329	329	22 (16) "Statewide monitoring system" means the statewide
330	330	23 cannabis tracking and monitoring system established under
331	331	24 IC 7.1-8-17.
332	332	25 Chapter 2. Cannabis Commission
333	333	26 Sec. 1. The cannabis commission is established as an agency of
334	334	27 the executive branch of state government for purposes of
335	335	28 regulating the production and sale of cannabis or cannabis
336	336	29 products.
337	337	30 Sec. 2. The commission consists of four (4) members.
338	338	31 Sec. 3. (a) The commissioners shall be appointed by the
339	339	32 governor.
340	340	33 (b) A commissioner serves for a term that ends June 30 of the
341	341	34 next odd-numbered year after appointment. A commissioner is
342	342	35 eligible for reappointment.
343	343	36 (c) Not more than two (2) commissioners may belong to the
344	344	37 same political party.
345	345	38 (d) A commissioner may only be removed for cause.
346	346	39 Sec. 4. To be eligible for appointment as a commissioner an
347	347	40 individual must have the following qualifications:
348	348	41 (1) The individual may not be employed by the state in any
349	349	42 other capacity.
350	350	2024 IN 107—LS 6267/DI 106 9
351	351	1 (2) The individual must have been an Indiana resident for at
352	352	2 least ten (10) years immediately preceding the appointment.
353	353	3 (3) The individual may not have a financial interest in a
354	354	4 cannabis permittee or in an entity governed by:
355	355	5 (A) this title;
356	356	6 (B) IC 4-29;
357	357	7 (C) IC 4-29.5;
358	358	8 (D) IC 4-31;
359	359	9 (E) IC 4-32.3;
360	360	10 (F) IC 4-33;
361	361	11 (G) IC 4-35; or
362	362	12 (H) IC 4-36.
363	363	13 (4) The individual may not have been convicted within ten
364	364	14 (10) years before the date of appointment of:
365	365	15 (A) a federal crime having a sentence of greater than one
366	366	16 (1) year;
367	367	17 (B) a Class A, Class B, or Class C felony (for a crime
368	368	18 committed before July 1, 2014) or a Level 1, Level 2, Level
369	369	19 3, Level 4, or Level 5 felony (for a crime committed after
370	370	20 June 30, 2014); or
371	371	21 (C) a crime in another state that is substantially similar to
372	372	22 a crime described in clause (B).
373	373	23 Sec. 5. The governor shall appoint one (1) of the commissioners
374	374	24 to serve as chairperson of the commission. The governor also shall
375	375	25 appoint one (1) of the commissioners to serve as chairperson pro
376	376	26 tempore in the absence of the chairperson. The chairperson and
377	377	27 chairperson pro tempore serve at the pleasure of the governor.
378	378	28 Sec. 6. A commissioner appointed to fill a vacancy shall serve
379	379	29 only for the remainder of the unexpired term.
380	380	30 Sec. 7. (a) As compensation for services, each commissioner is
381	381	31 entitled to the minimum salary per diem provided by
382	382	32 IC 4-10-11-2.1(b). A commissioner is also entitled to
383	383	33 reimbursement for traveling expenses as provided under
384	384	34 IC 4-13-1-4 and other expenses actually incurred in connection
385	385	35 with the commissioner's duties as provided in the state policies and
386	386	36 procedures established by the Indiana department of
387	387	37 administration and approved by the budget agency.
388	388	38 (b) The expenses of the commission shall be paid from funds
389	389	39 appropriated to the commission.
390	390	40 Sec. 8. (a) Each commissioner shall execute:
391	391	41 (1) a surety bond in the amount of ten thousand dollars
392	392	42 ($10,000), with surety approved by the governor; and
393	393	2024 IN 107—LS 6267/DI 106 10
394	394	1 (2) an oath of office.
395	395	2 The surety bond and the oath of office shall be filed in the office of
396	396	3 the secretary of state.
397	397	4 (b) The required surety bond executed and filed on behalf of a
398	398	5 commissioner, an enforcement officer (under IC 7.1-8-5), or the
399	399	6 prosecutor (under IC 7.1-8-3) shall be made payable to the state of
400	400	7 Indiana and conditioned upon the faithful discharge of the bonded
401	401	8 party's respective duties.
402	402	9 Sec. 9. (a) Three (3) members of the commission constitute a
403	403	10 quorum for the transaction of business.
404	404	11 (b) Each commissioner has one (1) vote.
405	405	12 (c) Action of the commission may be taken only upon the
406	406	13 affirmative votes of at least two (2) commissioners. If a vote of the
407	407	14 commission is a tie, the position for which the chairperson voted
408	408	15 prevails, as long as that position has received the affirmative votes
409	409	16 of at least two (2) commissioners.
410	410	17 Sec. 10. The commission shall hold regular meetings on at least
411	411	18 a quarterly basis. The commission may hold special meetings
412	412	19 whenever the commission deems it necessary. The procedure for
413	413	20 the calling of a special meeting shall be provided for in the rules of
414	414	21 the commission. The commission has the power to adjourn, from
415	415	22 time to time, both regular and special meetings. In no event,
416	416	23 however, shall the adjournment be later than the next regular
417	417	24 meeting date.
418	418	25 Sec. 11. A commissioner may not solicit or accept a political
419	419	26 contribution from any person or entity that has a permit or has
420	420	27 applied for a permit issued by the commission. However, the right
421	421	28 of a commissioner to vote as the commissioner chooses and to
422	422	29 express the commissioner's opinions on political subjects and
423	423	30 candidates may not be impaired.
424	424	31 Sec. 12. (a) As used in this section, "fund" means the cannabis
425	425	32 regulation fund established by subsection (b).
426	426	33 (b) The cannabis regulation fund is established for the purpose
427	427	34 of implementing, administering, and enforcing this article. The
428	428	35 fund shall be administered by the commission.
429	429	36 (c) The fund consists of taxes, fees, and civil penalties collected
430	430	37 under this article.
431	431	38 (d) The expenses of administering the fund shall be paid from
432	432	39 money in the fund.
433	433	40 (e) The treasurer of state shall invest money in the fund not
434	434	41 currently needed to meet the obligations of the fund in the same
435	435	42 manner as other public money may be invested. Interest that
436	436	2024 IN 107—LS 6267/DI 106 11
437	437	1 accrues from these investments shall be deposited in the fund.
438	438	2 (f) Money in the fund at the end of a state fiscal year does not
439	439	3 revert to the state general fund. However, the treasurer of state
440	440	4 shall distribute money in the fund at the end of a state fiscal year
441	441	5 as follows:
442	442	6 (1) Fifteen percent (15%) to prosecuting attorneys in counties
443	443	7 in which a cannabis retail facility is located, allocated in
444	444	8 proportion to the number of cannabis retail facilities within
445	445	9 the county as compared to the total number of cannabis retail
446	446	10 facilities in Indiana.
447	447	11 (2) Fifteen percent (15%) to cities, towns, and counties (if a
448	448	12 facility is not located in a city or town) in which a cannabis
449	449	13 growing facility, processing facility, or retail facility is
450	450	14 located, allocated in proportion to the number of growing
451	451	15 facilities, processing facilities, and retail facilities in Indiana.
452	452	16 (3) Twenty percent (20%) to the Indiana department of health
453	453	17 to be used to develop, in consultation with the department of
454	454	18 education, a cannabis abuse prevention and education
455	455	19 program for youth.
456	456	20 (4) Twenty-five percent (25%) to the Indiana department of
457	457	21 health for use by the division of mental health and addiction.
458	458	22 (5) Twenty-five percent (25%) to the state police department.
459	459	23 Chapter 3. Office of the Prosecutor
460	460	24 Sec. 1. The office of the prosecutor is established within the
461	461	25 commission.
462	462	26 Sec. 2. The prosecutor shall be appointed by the governor for a
463	463	27 term of four (4) years to be served at the pleasure of the governor.
464	464	28 The prosecutor must be a resident of Indiana and licensed to
465	465	29 practice law in Indiana.
466	466	30 Sec. 3. The prosecutor shall execute a surety bond in the amount
467	467	31 of five thousand dollars ($5,000), with surety approved by the
468	468	32 governor, and an oath of office, both of which shall be filed in the
469	469	33 office of the secretary of state.
470	470	34 Sec. 4. As compensation for services, the prosecutor shall
471	471	35 receive an annual salary to be fixed in the same manner that the
472	472	36 salaries of other state officials are fixed. In addition to the annual
473	473	37 salary, the prosecutor shall be reimbursed for traveling and other
474	474	38 expenses necessarily incurred while away from the office carrying
475	475	39 out prosecutorial duties.
476	476	40 Sec. 5. The prosecutor has the following powers and duties:
477	477	41 (1) To prosecute before the commission all violations of laws
478	478	42 pertaining to cannabis or cannabis products.
479	479	2024 IN 107—LS 6267/DI 106 12
480	480	1 (2) To prosecute before the commission all violations of the
481	481	2 rules of the commission.
482	482	3 (3) To assist the prosecuting attorneys of the various judicial
483	483	4 circuits in the investigation and prosecution of violations of
484	484	5 laws pertaining to cannabis or cannabis products.
485	485	6 (4) To appear before grand juries to assist in their
486	486	7 investigations into matters pertaining to cannabis or cannabis
487	487	8 products.
488	488	9 (5) To establish a seal of office.
489	489	10 (6) To administer oaths and to do all other acts authorized by
490	490	11 law for notaries public.
491	491	12 (7) To employ, with the consent of the commission and at
492	492	13 salaries fixed by the commission in its budget, the clerical staff
493	493	14 required to effectively discharge the duties of the prosecutor.
494	494	15 Sec. 6. The commission shall provide the prosecutor with
495	495	16 appropriate office space and all necessary office supplies and
496	496	17 services. All claims for salaries and necessary expenses of the office
497	497	18 of the prosecutor shall be allowed and approved and paid by the
498	498	19 commission.
499	499	20 Chapter 4. Executive Director
500	500	21 Sec. 1. The commission shall employ an executive director to aid
501	501	22 the commission in the efficient administration of its powers and
502	502	23 duties.
503	503	24 Sec. 2. The executive director's compensation shall be approved
504	504	25 annually by the commission.
505	505	26 Sec. 3. The commission may by resolution assign to the executive
506	506	27 director any duty imposed upon the commission by this article.
507	507	28 Sec. 4. The executive director shall perform the duties assigned
508	508	29 to the executive director by the commission. The executive director
509	509	30 may exercise any power conferred upon the commission by this
510	510	31 article that is consistent with the duties assigned to the executive
511	511	32 director under this chapter.
512	512	33 Sec. 5. In addition to any salary paid under this chapter, the
513	513	34 executive director is entitled to reimbursement for traveling
514	514	35 expenses and other expenses actually incurred in connection with
515	515	36 the executive director's duties, as provided in the state policies and
516	516	37 procedures established by the Indiana department of
517	517	38 administration and approved by the budget agency.
518	518	39 Chapter 5. Enforcement Officers
519	519	40 Sec. 1. The commission may employ a superintendent of the
520	520	41 enforcement officers and qualified individuals to serve as
521	521	42 enforcement officers of the commission.
522	522	2024 IN 107—LS 6267/DI 106 13
523	523	1 Sec. 2. The superintendent of the enforcement officers must
524	524	2 have at least ten (10) years experience as an active law enforcement
525	525	3 officer, at least five (5) years of which must have been in a
526	526	4 management capacity.
527	527	5 Sec. 3. An enforcement officer who has completed the required
528	528	6 training at the Indiana law enforcement academy is vested with full
529	529	7 police powers and duties to enforce:
530	530	8 (1) the provisions of this article; and
531	531	9 (2) any other Indiana law relating to cannabis and cannabis
532	532	10 products.
533	533	11 Sec. 4. An enforcement officer may issue a summons for
534	534	12 infraction or misdemeanor violations if the defendant promises to
535	535	13 appear by signing the summons. A defendant who fails to appear
536	536	14 is subject to the penalties provided by IC 35-44.1-2-10. Upon
537	537	15 failure to appear, the court shall issue a warrant for the arrest of
538	538	16 the defendant.
539	539	17 Sec. 5. An enforcement officer may act as an officer for the
540	540	18 arrest of offenders against Indiana law if the enforcement officer
541	541	19 reasonably believes that a crime is or is about to be committed or
542	542	20 attempted in the enforcement officer's presence.
543	543	21 Sec. 6. Each enforcement officer shall execute a surety bond in
544	544	22 the amount of one thousand dollars ($1,000), with surety approved
545	545	23 by the commission, and an oath of office, both of which shall be
546	546	24 filed with the commission.
547	547	25 Sec. 7. An eligible enforcement officer who retires with at least
548	548	26 twenty (20) years of service as an enforcement officer may retain
549	549	27 the officer's service weapon. The officer is entitled to receive, in
550	550	28 recognition of the officer's service to the commission and to the
551	551	29 public, a badge that indicates that the officer is retired. The
552	552	30 commission shall issue the officer who is retiring an identification
553	553	31 card stating the officer's name and rank, signifying that the officer
554	554	32 is retired, and noting the officer's authority to retain the service
555	555	33 weapon.
556	556	34 Sec. 8. The commission has the power to employ and remove at
557	557	35 will all necessary employees, and to fix their duties, authority, and,
558	558	36 with proper approval, compensation.
559	559	37 Sec. 9. The superintendent of the enforcement officers may
560	560	38 discharge a nonprobationary enforcement officer for just cause.
561	561	39 The commission shall adopt rules to establish a probationary
562	562	40 period and a procedure for the adjudication of the propriety of the
563	563	41 discharge of a nonprobationary enforcement officer.
564	564	42 Sec. 10. (a) The commission shall categorize salaries of
565	565	2024 IN 107—LS 6267/DI 106 14
566	566	1 enforcement officers within each rank based upon the rank held
567	567	2 and the number of years of service in the commission through the
568	568	3 twentieth year. The salary ranges that the commission assigns to
569	569	4 each rank shall be divided into a base salary and twenty (20)
570	570	5 increments above the base salary with:
571	571	6 (1) the base salary in the rank paid to a person with less than
572	572	7 one (1) year of service in the commission; and
573	573	8 (2) the highest salary in the rank paid to a person with at least
574	574	9 twenty (20) years of service in the commission.
575	575	10 (b) The salary matrix prescribed by this section shall be
576	576	11 reviewed and approved by the budget agency before
577	577	12 implementation.
578	578	13 (c) The salary matrix prescribed by this section must have
579	579	14 parity with the salary matrix prescribed by the natural resources
580	580	15 commission under IC 14-9-8 for conservation officers of the
581	581	16 department of natural resources. The budget agency shall approve
582	582	17 a salary matrix that meets the parity requirement of this
583	583	18 subsection.
584	584	19 Chapter 6. Duties and Responsibilities of the Commission
585	585	20 Sec. 1. The chairperson is the presiding officer at the meetings
586	586	21 of the commission. The chairperson shall prepare, certify, and
587	587	22 authenticate all proceedings, minutes, records, and rules of the
588	588	23 commission. The chairperson or the chairperson's designee also
589	589	24 shall perform all other duties as imposed by this article.
590	590	25 Sec. 2. The commission has the power to organize its work and
591	591	26 carry on the functions of the commission and to enforce and
592	592	27 administer the provisions of this article and the rules of the
593	593	28 commission.
594	594	29 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
595	595	30 power to prescribe the forms for all applications, permits, licenses,
596	596	31 certificates, and other documents and records used in the
597	597	32 administration of this article.
598	598	33 Sec. 4. The commission has the power to:
599	599	34 (1) hold hearings before the commission or its representative;
600	600	35 (2) take testimony and receive evidence;
601	601	36 (3) conduct inquiries with or without hearings;
602	602	37 (4) receive reports of investigators or other governmental
603	603	38 officers and employees;
604	604	39 (5) administer oaths;
605	605	40 (6) subpoena witnesses and compel them to appear and
606	606	41 testify;
607	607	42 (7) issue and enforce subpoenas duces tecum;
608	608	2024 IN 107—LS 6267/DI 106 15
609	609	1 (8) take or institute proceedings to enforce subpoenas and the
610	610	2 rules, orders, or requirements of the commission or its
611	611	3 representative;
612	612	4 (9) fix the compensation paid to witnesses appearing before
613	613	5 the commission;
614	614	6 (10) establish and use the seal of the commission;
615	615	7 (11) certify copies of records of the commission or any other
616	616	8 document or record on file with the commission;
617	617	9 (12) fix the form, mode, manner, time, and number of times
618	618	10 for the posting or publication of any required notices if not
619	619	11 otherwise provided in this article;
620	620	12 (13) issue letters of extension as authorized by this article; and
621	621	13 (14) hold permits on deposit as authorized by this article.
622	622	14 Sec. 5. (a) The commission shall prepare a quarterly report that
623	623	15 describes the violations by permittees subject to an enforcement
624	624	16 action under this article. Beginning in January 2025, the
625	625	17 commission shall issue the quarterly reports on or before the
626	626	18 fifteenth day of:
627	627	19 (1) January, concerning violations committed during the
628	628	20 preceding quarter consisting of the months of October
629	629	21 through December;
630	630	22 (2) April, concerning violations committed during the
631	631	23 preceding quarter consisting of the months of January
632	632	24 through March;
633	633	25 (3) July, concerning violations committed during the
634	634	26 preceding quarter consisting of the months of April through
635	635	27 June; and
636	636	28 (4) October, concerning violations committed during the
637	637	29 preceding quarter consisting of the months of July through
638	638	30 September.
639	639	31 (b) The commission's quarterly report must provide
640	640	32 noncompliance violations by:
641	641	33 (1) business listing;
642	642	34 (2) permit type; and
643	643	35 (3) county.
644	644	36 (c) The commission shall post the quarterly reports on the
645	645	37 commission's website. The commission shall:
646	646	38 (1) prepare a report annually that compiles the violations for
647	647	39 the preceding calendar year; and
648	648	40 (2) provide the report to the legislative council not later than
649	649	41 February 1 of each year in an electronic format under
650	650	42 IC 5-14-6.
651	651	2024 IN 107—LS 6267/DI 106 16
652	652	1 Sec. 6. The commission has the authority to petition the circuit
653	653	2 or superior court of the county in which the hearing or
654	654	3 investigation is being held to compel obedience to the lawful
655	655	4 requirements of its subpoena under this chapter.
656	656	5 Sec. 7. The commission is responsible for the enforcement and
657	657	6 administration of this article.
658	658	7 Sec. 8. The commission shall adopt rules in accordance with
659	659	8 IC 4-22-2 to implement and administer this article.
660	660	9 Sec. 9. The commission has the power to adopt rules governing
661	661	10 the following:
662	662	11 (1) The conduct of the meetings and business of the
663	663	12 commission.
664	664	13 (2) The conduct of hearings before any of the commission's
665	665	14 representatives.
666	666	15 (3) The conduct of the business of a permittee authorized or
667	667	16 governed by the provisions of this article.
668	668	17 (4) The enforcement of the provisions of this article and of the
669	669	18 rules of the commission.
670	670	19 (5) The standards of purity and methods of processing used in
671	671	20 the production of cannabis and cannabis products.
672	672	21 (6) The prevention of misbranding or adulteration of cannabis
673	673	22 and cannabis products.
674	674	23 (7) The prevention of fraud, evasion, trickery, or deceit in the
675	675	24 processing, labeling, advertisement, transportation, or sale of
676	676	25 cannabis or cannabis products, or the evasion of other
677	677	26 Indiana law relating to cannabis or cannabis products.
678	678	27 Sec. 10. The commission shall adopt rules to do the following:
679	679	28 (1) Establish safety and security standards for facilities used
680	680	29 for the growth, processing, testing, storage, or sale of
681	681	30 cannabis.
682	682	31 (2) Mandate periodic training for persons employed in a
683	683	32 facility used for the growth, processing, testing, storage, or
684	684	33 sale of cannabis.
685	685	34 (3) Establish or approve training and other programming for
686	686	35 persons employed in a facility used for the growth, processing,
687	687	36 testing, storage, or sale of cannabis.
688	688	37 Chapter 7. Regulation of Permits and Permittees
689	689	38 Sec. 1. The commission has the discretionary authority to issue,
690	690	39 deny, suspend, revoke, or not renew all permits and certificates
691	691	40 authorized by this article, unless the exercise of discretion or
692	692	41 authority is limited by applicable provisions of this article.
693	693	42 Sec. 2. (a) The commission shall prepare and maintain, available
694	694	2024 IN 107—LS 6267/DI 106 17
695	695	1 for public inspection, a registry of all permits issued by the
696	696	2 commission, categorized by type of permit and by the type of
697	697	3 establishment to which the permit is issued. The registry of permits
698	698	4 must:
699	699	5 (1) be subdivided on a county by county basis, and further
700	700	6 subdivided by city, town, and unincorporated area;
701	701	7 (2) contain the number of permits authorized by the quota,
702	702	8 and the number of permits currently issued;
703	703	9 (3) contain the name of the owner of the permit, the address
704	704	10 of the permitted premises, the assumed business name under
705	705	11 which the business is conducted, and, if a corporation, the
706	706	12 names of the president and secretary; and
707	707	13 (4) be made current annually, to indicate by specific notation
708	708	14 any new permits that were issued or any existing permits that
709	709	15 were transferred in any manner within the prior year.
710	710	16 (b) The registry of permits is a public record.
711	711	17 Sec. 3. The commission has the power to investigate applicants
712	712	18 and permittees, and any violation of a provision of this article and
713	713	19 of the rules of the commission, and to report its findings to the
714	714	20 prosecuting attorney or the grand jury of the county in which the
715	715	21 violation occurred, or to the attorney general.
716	716	22 Sec. 4. The commission has the power to prohibit the sale,
717	717	23 transportation, or movement of cannabis or cannabis products
718	718	24 when, in the judgment of the commission, it is necessary during a
719	719	25 time of public emergency, civil disturbance, riot, or epidemic. The
720	720	26 prohibition may be imposed without prior notice or advertisement
721	721	27 and may be continued in force as long as the need continues.
722	722	28 Sec. 5. (a) The commission has the power to examine, inspect,
723	723	29 and search a permitted premises or a vehicle where cannabis or
724	724	30 cannabis products are kept, processed, or sold.
725	725	31 (b) The commission has the power to seize cannabis or cannabis
726	726	32 products, or any other personal property when the seizure is lawful
727	727	33 under the provisions of this article.
728	728	34 Sec. 6. The commission has the power to prevent a part of the
729	729	35 premises connected with, or in any way used in connection with, a
730	730	36 permitted premises, from being used as a subterfuge or means of
731	731	37 evading the provisions of this article or of the rules of the
732	732	38 commission.
733	733	39 Sec. 7. The commission has the power to set standards of
734	734	40 cleanliness and sanitation for a permitted premises and for the
735	735	41 apparatus, equipment, utensils, accessories, articles, and fixtures
736	736	42 used or employed in the permitted premises.
737	737	2024 IN 107—LS 6267/DI 106 18
738	738	1 Sec. 8. The commission has the power to require the destruction
739	739	2 or removal of cases, containers, apparatuses, or devices, used or
740	740	3 likely to be used, in evading, violating, or preventing the
741	741	4 enforcement of the provisions of this article or of the rules of the
742	742	5 commission.
743	743	6 Sec. 9. (a) The commission has the power to regulate and
744	744	7 prohibit advertising, signs, displays, posters, and designs intended
745	745	8 to advertise cannabis, a cannabis product, or the place where
746	746	9 cannabis or cannabis products are sold.
747	747	10 (b) The commission may not exercise the prohibition power
748	748	11 contained in subsection (a) as to any advertisement broadcast over
749	749	12 licensed radio and television stations.
750	750	13 (c) All advertisements relating to cannabis or cannabis products
751	751	14 must conform to the rules of the commission.
752	752	15 (d) The commission shall not exercise the prohibition power
753	753	16 contained in subsection (a) as to advertising in the official program
754	754	17 of the Indianapolis 500 Race.
755	755	18 (e) Notwithstanding any other law, the commission may not
756	756	19 prohibit the use of an illuminated sign advertising cannabis or
757	757	20 cannabis products by brand name that is displayed within the
758	758	21 interior or on the exterior of the premises covered by the permit,
759	759	22 regardless of whether the sign is illuminated constantly or
760	760	23 intermittently.
761	761	24 (f) The commission may not prohibit the advertisement of:
762	762	25 (1) cannabis or cannabis products; or
763	763	26 (2) a place where cannabis or cannabis products may be
764	764	27 obtained;
765	765	28 in a program, scorecard, handbill, throw-away newspaper, or
766	766	29 menu. However, advertisements described in this subsection must
767	767	30 conform to the rules of the commission.
768	768	31 (g) Cannabis or cannabis products must be marketed or
769	769	32 advertised as "cannabis" for use only by persons at least
770	770	33 twenty-one (21) years of age.
771	771	34 (h) Cannabis or cannabis products may not be marketed or
772	772	35 advertised to persons less than twenty-one (21) years of age. The
773	773	36 commission shall determine whether a sponsorship is marketed or
774	774	37 advertised to a person less than twenty-one (21) years of age.
775	775	38 (i) Cannabis or cannabis products may not be advertised on any
776	776	39 television program, radio program, website, or print publication
777	777	40 unless there is reliable evidence that seventy percent (70%) of the
778	778	41 audience is reasonably expected to be at least twenty-one (21) years
779	779	42 of age.
780	780	2024 IN 107—LS 6267/DI 106 19
781	781	1 (j) Any cannabis or cannabis products advertised must bear a
782	782	2 warning label stating the following:
783	783	3 "For use by adults only. Keep out of reach of children. It is
784	784	4 illegal to drive a motor vehicle while under the influence of
785	785	5 cannabis. National Poison Control Center 1-800-222-1222.".
786	786	6 Sec. 10. (a) As used in this section, "facility" includes the
787	787	7 following:
788	788	8 (1) A facility permitted under this article.
789	789	9 (2) A tract that contains a premises permitted under this
790	790	10 article.
791	791	11 (3) A horse track or satellite facility.
792	792	12 (4) A riverboat or racetrack.
793	793	13 (5) A tract that contains an entertainment complex.
794	794	14 (b) As used in this section, "tract" has the meaning set forth in
795	795	15 IC 6-1.1-1-22.5.
796	796	16 (c) A facility may advertise cannabis or cannabis products:
797	797	17 (1) in the facility's interior; or
798	798	18 (2) on the facility's exterior.
799	799	19 (d) The commission may not exercise the prohibition power
800	800	20 contained in this chapter on advertising by a permittee in or on a
801	801	21 facility.
802	802	22 (e) A facility may provide advertising to a permittee in exchange
803	803	23 for compensation from that permittee.
804	804	24 Sec. 11. The commission has the power to require the
805	805	25 registration of all brands, formulas, analyses, and labels used or
806	806	26 proposed to be used in selling or advertising cannabis or cannabis
807	807	27 products. The commission does not have the power to require the
808	808	28 disclosure of formulas that are verified trade secrets.
809	809	29 Sec. 12. The commission has the power to regulate the modes
810	810	30 and methods of dealing in, and the transportation of, cannabis and
811	811	31 cannabis products.
812	812	32 Sec. 13. The commission has the power to:
813	813	33 (1) prescribe the manner and methods by which all records
814	814	34 relating to cannabis or cannabis products are kept and
815	815	35 preserved;
816	816	36 (2) inspect all records relating to cannabis or cannabis
817	817	37 products; and
818	818	38 (3) require true copies of any record to be made and furnished
819	819	39 to the commission.
820	820	40 Sec. 14. The commission may require that, before the
821	821	41 transportation of cannabis or cannabis products into Indiana by an
822	822	42 authorized permittee, the permittee shall submit written, verified
823	823	2024 IN 107—LS 6267/DI 106 20
824	824	1 information concerning the proposed transportation and execute
825	825	2 and file any documents required. The commission has the power to
826	826	3 inspect the shipments in transit and the vehicle used in the
827	827	4 transportation.
828	828	5 Sec. 15. The commission, unless otherwise specifically
829	829	6 prohibited, may delegate the powers and duties conferred on it in
830	830	7 this article to responsible employees of the commission. However,
831	831	8 the commission bears ultimate responsibility.
832	832	9 Sec. 16. The members of the commission and their officers and
833	833	10 employees are immune from civil liability for an act or omission
834	834	11 done under the authority, or the color of authority, conferred by
835	835	12 this article or by a rule or order of the commission, unless the act
836	836	13 or omission constitutes gross negligence or willful or wanton
837	837	14 misconduct.
838	838	15 Sec. 17. The commission and the chairperson have, in addition
839	839	16 to the express powers enumerated in this article, the authority to
840	840	17 exercise all powers necessary and proper to carry out the policies
841	841	18 of this article and to promote efficient administration by the
842	842	19 commission.
843	843	20 Chapter 8. Searches and Seizures
844	844	21 Sec. 1. A circuit or superior court may issue a warrant to search
845	845	22 a house or other place for cannabis, cannabis products, or another
846	846	23 article that is being possessed, kept, sold, bartered, given away,
847	847	24 used, or transported in violation of this article.
848	848	25 Sec. 2. The warrant shall be directed to the officer, agent, or
849	849	26 employee of the commission who filed the affidavit for the warrant
850	850	27 and otherwise it shall be directed to any officer who has the power
851	851	28 to serve criminal process. The warrant shall be served by the
852	852	29 person to whom it was issued in the daytime or nighttime and the
853	853	30 return made within twenty (20) days from the date of issue.
854	854	31 Sec. 3. The officer who serves the warrant shall seize any article
855	855	32 described in the warrant and any other article found during the
856	856	33 search that is used in the violation of a provision of this article and
857	857	34 hold the article in the same manner as other items seized pursuant
858	858	35 to a search warrant are held.
859	859	36 Sec. 4. A person has no property right of any kind in:
860	860	37 (1) cannabis or a cannabis product possessed contrary to law;
861	861	38 (2) a receptacle or container holding cannabis or a cannabis
862	862	39 product possessed contrary to law;
863	863	40 (3) an unlawful or prohibited receptacle or container; or
864	864	41 (4) a receptacle or container that violates a rule of the
865	865	42 commission or that is being used in a manner that violates a
866	866	2024 IN 107—LS 6267/DI 106 21
867	867	1 rule of the commission.
868	868	2 Sec. 5. Testimony concerning the appearance, taste, or odor of
869	869	3 cannabis or a cannabis product is admissible as evidence in a
870	870	4 criminal prosecution or in a proceeding before the commission.
871	871	5 Sec. 6. An unbroken cannabis container with a label altered so
872	872	6 that it does not describe the cannabis accurately is admissible as
873	873	7 evidence in a court.
874	874	8 Sec. 7. The court shall receive oral testimony upon a matter
875	875	9 referred to in this chapter for the purpose of showing a violation of
876	876	10 this article whether the container is offered in evidence or not.
877	877	11 Sec. 8. (a) If a substance is removed or destroyed before it is
878	878	12 able to be seized under this chapter, the trier of fact may infer that
879	879	13 the substance was cannabis or a cannabis product possessed in
880	880	14 violation of this article.
881	881	15 (b) Proof of the possession of an empty container permits a trier
882	882	16 of fact to infer that the person who possessed the container
883	883	17 possessed cannabis or a cannabis product.
884	884	18 Chapter 9. Public Nuisances
885	885	19 Sec. 1. The following are declared to be a public nuisance:
886	886	20 (1) A premises, vehicle, or place of any kind where at least one
887	887	21 (1) of the following occurs:
888	888	22 (A) Cannabis or a cannabis product of any type is
889	889	23 possessed in violation of Indiana law or a rule of the
890	890	24 commission.
891	891	25 (B) A person is permitted to use the premises, vehicle, or
892	892	26 place for the purpose of consuming cannabis or cannabis
893	893	27 products in violation of Indiana law or a rule of the
894	894	28 commission.
895	895	29 (2) A place where cannabis or cannabis products are kept for
896	896	30 delivery in violation of Indiana law or in violation of a rule of
897	897	31 the commission.
898	898	32 (3) The business property of a person who knowingly or
899	899	33 intentionally possesses cannabis or cannabis products in
900	900	34 violation of Indiana law or a rule of the commission.
901	901	35 Sec. 2. The plaintiff in an action to abate a public nuisance
902	902	36 under this chapter must prove that the owner of the business had
903	903	37 actual knowledge of the actions alleged to constitute a nuisance.
904	904	38 Sec. 3. In determining whether an owner should be held liable
905	905	39 for failing to abate a public nuisance under this chapter, the court
906	906	40 shall consider the efforts the owner took to abate the public
907	907	41 nuisance, including whether the law enforcement agency that
908	908	42 serves the owner's property was notified by the owner or the
909	909	2024 IN 107—LS 6267/DI 106 22
910	910	1 owner's employee of the actions alleged to constitute the public
911	911	2 nuisance.
912	912	3 Sec. 4. If a permittee violates this article on a premises or in a
913	913	4 vehicle where cannabis or a cannabis product is kept, the premises
914	914	5 or vehicle is a public nuisance.
915	915	6 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
916	916	7 and the premises or vehicle where it is kept constitute a public
917	917	8 nuisance.
918	918	9 Sec. 6. (a) The following may bring an action to abate a common
919	919	10 nuisance or a violation of this article:
920	920	11 (1) The commission.
921	921	12 (2) The chairperson of the commission.
922	922	13 (3) The attorney general.
923	923	14 (4) The prosecuting attorney exercising jurisdiction in the
924	924	15 county where the common nuisance or violation occurs.
925	925	16 (5) A permittee.
926	926	17 (6) A resident of the county where the common nuisance or
927	927	18 violation occurs.
928	928	19 (b) The court may grant a temporary restraining order, a
929	929	20 preliminary injunction, a permanent injunction, and any other
930	930	21 relief authorized under Indiana law.
931	931	22 Sec. 7. A prevailing plaintiff in an action brought to abate a
932	932	23 nuisance is entitled to, at the discretion of the court:
933	933	24 (1) an order that the premises be closed for a period of one (1)
934	934	25 year; or
935	935	26 (2) an order that the premises be closed for a period of less
936	936	27 than one (1) year and an award of liquidated damages in an
937	937	28 amount of not less than one thousand dollars ($1,000) and not
938	938	29 more than twenty-five thousand dollars ($25,000) to the state
939	939	30 of Indiana.
940	940	31 Sec. 8. An action authorized by this chapter shall be brought in
941	941	32 the name of the state of Indiana on the relation of the commission.
942	942	33 The commission may be represented by an attorney selected by it,
943	943	34 by the attorney general, or by a deputy or assistant attorney
944	944	35 general assigned by the attorney general for the purpose of
945	945	36 instituting or conducting the action, or by both.
946	946	37 Sec. 9. The remedies authorized by this chapter are cumulative
947	947	38 and nonexclusive. The remedies provided in this article do not
948	948	39 affect the power of the commission to revoke a permit.
949	949	40 Chapter 10. Jurisdiction and Miscellaneous Judicial
950	950	41 Proceedings
951	951	42 Sec. 1. An action brought against the commission, or against the
952	952	2024 IN 107—LS 6267/DI 106 23
953	953	1 chairperson as the chairperson, shall be brought in the circuit or
954	954	2 superior court of Marion County unless otherwise specifically
955	955	3 provided in this article.
956	956	4 Sec. 2. The commission may bring an action for declaratory
957	957	5 judgment under IC 34-14-1-1.
958	958	6 Chapter 11. Issuance of Permits Generally
959	959	7 Sec. 1. The following definitions apply throughout this chapter:
960	960	8 (1) "Minority" means a person identified as:
961	961	9 (A) Black;
962	962	10 (B) Native American;
963	963	11 (C) Asian American; or
964	964	12 (D) Hispanic.
965	965	13 (2) "Owned and controlled" means:
966	966	14 (A) ownership of at least fifty-one percent (51%) of the
967	967	15 enterprise, including corporate stock of a corporation;
968	968	16 (B) control over the management and being active in the
969	969	17 day to day operations of the business; and
970	970	18 (C) an interest in the capital, assets, and profits and losses
971	971	19 of the business proportionate to the percentage of
972	972	20 ownership.
973	973	21 (3) "Veteran" means an individual who:
974	974	22 (A) has previously:
975	975	23 (i) served on active duty in any branch of the armed
976	976	24 forces of the United States or their reserves, or in the
977	977	25 Indiana National Guard; and
978	978	26 (ii) received an honorable discharge from service; or
979	979	27 (B) is currently serving in:
980	980	28 (i) any branch of the armed forces of the United States or
981	981	29 their reserves; or
982	982	30 (ii) the Indiana National Guard.
983	983	31 Sec. 2. (a) The commission may issue only the types of permits
984	984	32 authorized by this article subject to the applicable provisions of
985	985	33 this article.
986	986	34 (b) Beginning July 1, 2024, the commission shall accept
987	987	35 applications for cannabis permits.
988	988	36 Sec. 3. A permit:
989	989	37 (1) is a revocable privilege granted by the state; and
990	990	38 (2) is not a property right.
991	991	39 Sec. 4. The commission may issue a permit under this article
992	992	40 only to:
993	993	41 (1) an individual;
994	994	42 (2) a partnership;
995	995	2024 IN 107—LS 6267/DI 106 24
996	996	1 (3) a limited liability company; or
997	997	2 (4) a corporation organized and existing under Indiana law.
998	998	3 Sec. 5. (a) Except as provided in subsection (b), the commission
999	999	4 shall issue not less than fifteen percent (15%) of allowable permits
1000	1000	5 under this article to businesses owned and controlled by one (1) or
1001	1001	6 more:
1002	1002	7 (1) minorities; or
1003	1003	8 (2) veterans.
1004	1004	9 (b) If an insufficient number of qualifying applications are by a
1005	1005	10 person described in subsection (a), the commission shall issue
1006	1006	11 permits in the usual way.
1007	1007	12 Sec. 6. (a) Except as otherwise provided in this article, a permit
1008	1008	13 issued by the commission is valid for one (1) calendar year,
1009	1009	14 including the day upon which it is granted. At the end of the one (1)
1010	1010	15 year period, the permit expires and is void.
1011	1011	16 (b) The commission shall timely process a permittee's
1012	1012	17 application for renewal of a permit unless the permittee receives a
1013	1013	18 notice of a violation from the office of the prosecutor.
1014	1014	19 (c) The commission may timely process an application for
1015	1015	20 renewal of a permit filed by a permittee that receives notice of a
1016	1016	21 violation as described in subsection (f) if the chairperson or the
1017	1017	22 chairperson's designee authorizes the application for renewal of
1018	1018	23 the permit to be timely processed.
1019	1019	24 (d) A permittee may file an application for renewal of a permit
1020	1020	25 not later than thirty (30) days after the date the permit expires.
1021	1021	26 (e) If a permittee does not file an application for renewal of a
1022	1022	27 permit within the time provided in subsection (d), the permit
1023	1023	28 reverts to the commission. At least thirty (30) days before the date
1024	1024	29 that a permit reverts to the commission, the commission shall
1025	1025	30 provide written notice to the permittee informing the permittee of
1026	1026	31 the date that the permittee's permit will revert to the commission.
1027	1027	32 (f) The chairperson or the chairperson's designee may allow the
1028	1028	33 permittee to renew the permit after the date the permit expires
1029	1029	34 only if the permittee provides evidence that the permittee is
1030	1030	35 engaged in an administrative or court proceeding that prevents the
1031	1031	36 permittee from renewing the permit.
1032	1032	37 (g) A permit is effective upon the final approval of the
1033	1033	38 commission. Upon final approval of a permit, and upon the request
1034	1034	39 of the permittee, the commission shall provide the permittee with
1035	1035	40 a letter of authority to operate. The letter of authority to operate
1036	1036	41 constitutes authorization for the permittee to perform the actions
1037	1037	42 allowed under the permit until the date the permittee receives the
1038	1038	2024 IN 107—LS 6267/DI 106 25
1039	1039	1 permit issued by the commission.
1040	1040	2 Sec. 7. (a) The chairperson or the chairperson's designee may
1041	1041	3 issue an original letter of extension extending the term of a permit
1042	1042	4 for a maximum period of ninety (90) days for good cause shown
1043	1043	5 upon the written request of the permittee and payment of the fee,
1044	1044	6 if required.
1045	1045	7 (b) Upon the expiration of an original letter of extension, or any
1046	1046	8 renewal thereof, if good cause still exists, subsequent renewals of
1047	1047	9 the extension may be granted to the permittee only upon the
1048	1048	10 affirmative vote of a majority of the members of the commission.
1049	1049	11 Sec. 8. The commission shall issue a permit authorized by this
1050	1050	12 article only upon proper application. The application shall be in
1051	1051	13 writing, and verified, upon forms prescribed and furnished by the
1052	1052	14 commission. The application shall contain the terms and
1053	1053	15 information required by this article or by the rules of the
1054	1054	16 commission. The appropriate surety bond, if required, must be
1055	1055	17 submitted with the application.
1056	1056	18 Sec. 9. An application for a permit shall contain the express
1057	1057	19 statement of the applicant that, if a permit is issued to the
1058	1058	20 applicant, the applicant consents for the duration of the permit
1059	1059	21 term to the entrance, inspection, and search by an enforcement
1060	1060	22 officer, without a warrant or other process, of the applicant's
1061	1061	23 permitted premises and vehicles to determine whether the
1062	1062	24 applicant is complying with the provisions of this article. The
1063	1063	25 consent required by this section is renewed and continued by the
1064	1064	26 retention of a permit or its use by a permittee.
1065	1065	27 Sec. 10. An application for a permit to sell cannabis or cannabis
1066	1066	28 products of any kind, and the required publication of notice, must
1067	1067	29 disclose the name of the applicant and the specific property
1068	1068	30 address where the cannabis or cannabis products are to be sold,
1069	1069	31 and any assumed business name under which the business will be
1070	1070	32 conducted. The application and notice also must disclose:
1071	1071	33 (1) the names of the executive officers of the corporation,
1072	1072	34 company, or other entity responsible for the sale of cannabis
1073	1073	35 or the cannabis product to the public; and
1074	1074	36 (2) the website where a member of the public may access the
1075	1075	37 information in subdivision (1).
1076	1076	38 Sec. 11. An applicant must have a vested legal interest in the
1077	1077	39 property address listed on the permit application.
1078	1078	40 Sec. 12. (a) As used in this section, "immediate family member"
1079	1079	41 means a spouse, parent, child, sibling, father-in-law, or
1080	1080	42 mother-in-law.
1081	1081	2024 IN 107—LS 6267/DI 106 26
1082	1082	1 (b) The commission may not issue a permit under this chapter
1083	1083	2 to an individual who is an immediate family member of a current
1084	1084	3 permittee.
1085	1085	4 Sec. 13. (a) On receipt of a completed permit application under
1086	1086	5 this chapter, the commission shall forward a copy of the
1087	1087	6 application to the state police department.
1088	1088	7 (b) The state police department shall perform a national
1089	1089	8 criminal history background check of the applicant and return the
1090	1090	9 application to the commission along with the results from the
1091	1091	10 national criminal history background check. The commission is
1092	1092	11 responsible for the cost of the national criminal history
1093	1093	12 background check.
1094	1094	13 (c) The commission shall review the permit application after
1095	1095	14 receipt of the results from the state police department. The
1096	1096	15 commission shall grant or deny a completed application for a
1097	1097	16 permit within sixty (60) days after receipt of the application. If the
1098	1098	17 commission determines that:
1099	1099	18 (1) all the requirements under this article have been met; and
1100	1100	19 (2) the applicant has not been convicted within ten (10) years
1101	1101	20 before the date of application of:
1102	1102	21 (A) a federal crime having a sentence of more than one (1)
1103	1103	22 year;
1104	1104	23 (B) a Class A, Class B, or Class C felony (for a crime
1105	1105	24 committed before July 1, 2014) or a Level 1, Level 2, Level
1106	1106	25 3, Level 4, or Level 5 felony (for a crime committed after
1107	1107	26 June 30, 2014); or
1108	1108	27 (C) a crime in another state that is substantially similar to
1109	1109	28 a crime described in clause (B);
1110	1110	29 the commission shall approve the application for issuance of the
1111	1111	30 permit.
1112	1112	31 (d) The commission may deny a permit application if it finds
1113	1113	32 that the applicant has been adjudicated against in a civil
1114	1114	33 proceeding regarding the cannabis or hemp industry.
1115	1115	34 (e) If the completed application for a permit is denied, the
1116	1116	35 commission must state the reasons for the denial. If a completed
1117	1117	36 application is denied under this section, the applicant may reapply
1118	1118	37 within thirty (30) days after the date of the denial. There is no
1119	1119	38 application fee for a reapplication under this subsection.
1120	1120	39 (f) A permit issued under this chapter expires one (1) year after
1121	1121	40 the date on which the permit was issued, unless revoked.
1122	1122	41 Sec. 14. An applicant for a permit issued pursuant to this article
1123	1123	42 shall file with the commission a surety bond in the sum of fifteen
1124	1124	2024 IN 107—LS 6267/DI 106 27
1125	1125	1 thousand dollars ($15,000).
1126	1126	2 Sec. 15. (a) The required surety bond of an applicant must be
1127	1127	3 approved by the commission. The bond must be made payable to
1128	1128	4 the state and may be forfeited if the applicant:
1129	1129	5 (1) violates a provision of this article or a rule of the
1130	1130	6 commission that relates to the permit; or
1131	1131	7 (2) fails to pay all taxes and fees imposed by this article on the
1132	1132	8 activities authorized under the permit.
1133	1133	9 (b) A permittee shall keep the bond in full force and effect
1134	1134	10 continuously in order to keep the permit in force.
1135	1135	11 Sec. 16. (a) Except as provided in subsection (b), the commission
1136	1136	12 may recover not more than two hundred fifty dollars ($250) in any
1137	1137	13 one (1) action on a permittee's surety bond for the violation of a
1138	1138	14 rule of the commission. Except as provided in subsection (b), the
1139	1139	15 commission may recover not more than five hundred dollars ($500)
1140	1140	16 in any one (1) action on the surety bond for the violation of a
1141	1141	17 provision of this article. All violations committed before the
1142	1142	18 commission brings an action on the bond are considered one (1)
1143	1143	19 violation. Funds recovered on a bond shall be deposited in the
1144	1144	20 cannabis regulation fund established by IC 7.1-8-2-12.
1145	1145	21 (b) The state may recover the full amount of all taxes and fees
1146	1146	22 due and owed by the permittee under this article in a single action
1147	1147	23 on the bond. No person may bring an action on the bond except the
1148	1148	24 commission. Funds recovered under this section shall be deposited
1149	1149	25 in the state general fund.
1150	1150	26 Sec. 17. The commission shall ensure that a surety bond filed
1151	1151	27 under this article is securely stored. The commission may not
1152	1152	28 approve a surety bond unless the surety company is solvent and
1153	1153	29 qualified to do business in Indiana. The commission, before
1154	1154	30 approving a surety bond, shall require the commissioner of the
1155	1155	31 department of insurance to furnish to the commission copies of
1156	1156	32 reports of the surety company and other information concerning
1157	1157	33 the reserves and reliability of the company.
1158	1158	34 Sec. 18. Cash or bonds of the United States, or both, may be
1159	1159	35 tendered to the commission instead of a surety bond required by
1160	1160	36 the provisions of this article if it is tendered on the same terms and
1161	1161	37 conditions as a surety bond.
1162	1162	38 Sec. 19. A surety may not cancel or annul a surety bond filed in
1163	1163	39 accordance with the provisions of this article after it has been
1164	1164	40 approved by the commission. However, a surety, with the consent
1165	1165	41 of the commission, may cancel a bond and be released from
1166	1166	42 liability accruing after the effective date of the cancellation. The
1167	1167	2024 IN 107—LS 6267/DI 106 28
1168	1168	1 commission may not approve a cancellation until the surety has
1169	1169	2 paid and discharged in full its liability to the state on the bond to
1170	1170	3 the date of the approval of the cancellation.
1171	1171	4 Sec. 20. (a) As used in this section, "credit card" means a:
1172	1172	5 (1) credit card;
1173	1173	6 (2) debit card;
1174	1174	7 (3) charge card; or
1175	1175	8 (4) stored value card.
1176	1176	9 (b) The commission shall accept a payment to the commission
1177	1177	10 for any purpose by any of the following financial instruments:
1178	1178	11 (1) Cash.
1179	1179	12 (2) Certified check.
1180	1180	13 (3) Cashier's check.
1181	1181	14 (4) Check drawn on the bank deposit of a business.
1182	1182	15 (5) Valid postal money order of the United States.
1183	1183	16 (6) Bank draft.
1184	1184	17 (7) Money order.
1185	1185	18 (8) Bank card or credit card.
1186	1186	19 (9) Electronic funds transfer.
1187	1187	20 (10) Any other financial instrument authorized by the
1188	1188	21 commission.
1189	1189	22 (c) If there is a charge to the commission for the use of a
1190	1190	23 financial instrument, the commission may collect a sum equal to
1191	1191	24 the amount of the charge from the person who uses the financial
1192	1192	25 instrument.
1193	1193	26 (d) A procedure authorized for a particular type of payment
1194	1194	27 must be uniformly applied to all payments of the same type.
1195	1195	28 (e) The commission may contract with a bank card or credit
1196	1196	29 card vendor for acceptance of bank cards or credit cards.
1197	1197	30 However, if there is a vendor transaction charge or discount fee,
1198	1198	31 whether billed to the commission or charged directly to the
1199	1199	32 commission's account, the commission may collect from the person
1200	1200	33 using the card:
1201	1201	34 (1) an official fee that may not exceed the transaction charge
1202	1202	35 or discount fee charged to the commission by bank or credit
1203	1203	36 card vendors; or
1204	1204	37 (2) a reasonable convenience fee that:
1205	1205	38 (A) may not exceed three dollars ($3); and
1206	1206	39 (B) must be uniform regardless of the bank card or credit
1207	1207	40 card used.
1208	1208	41 The fees described in subdivisions (1) and (2) may be collected
1209	1209	42 regardless of retail merchant agreements between the bank and
1210	1210	2024 IN 107—LS 6267/DI 106 29
1211	1211	1 credit card vendors that may prohibit such fees. These fees are
1212	1212	2 permitted additional charges under IC 24-4.5-3-202.
1213	1213	3 (f) The commission may pay any applicable bank card or credit
1214	1214	4 card service charge associated with the use of a bank card or credit
1215	1215	5 card under this section.
1216	1216	6 Sec. 21. (a) Except as provided in subsection (d), if publication
1217	1217	7 of notice of application for a permit is required under this article,
1218	1218	8 the publication shall be made in one (1) newspaper of general
1219	1219	9 circulation published in the county where the permit is to be in
1220	1220	10 effect.
1221	1221	11 (b) Publication required under subsection (a) may be made in
1222	1222	12 any newspaper of general circulation published one (1) or more
1223	1223	13 times each week.
1224	1224	14 (c) The rates to be paid for the advertising of a notice required
1225	1225	15 under this article shall be those required to be paid in case of other
1226	1226	16 notices published for or on behalf of the state.
1227	1227	17 (d) If:
1228	1228	18 (1) the commission is unable to procure advertising of a notice
1229	1229	19 as required under subsection (a) at the rates set forth in
1230	1230	20 IC 5-3-1; or
1231	1231	21 (2) the newspaper published in the county as described in
1232	1232	22 subsection (a) refuses to publish the notice;
1233	1233	23 the commission may, instead of publication in a newspaper as
1234	1234	24 required under subsection (a), post the notice on the commission's
1235	1235	25 website.
1236	1236	26 Sec. 22. Whenever the character of the business in which an
1237	1237	27 applicant is engaged is material to the applicant being issued a
1238	1238	28 permit under this article, or is material to the applicant being
1239	1239	29 qualified to continue to hold the permit, it must be made to appear
1240	1240	30 to the satisfaction of the commission that a substantial portion of
1241	1241	31 the business carried on, or to be carried on, in the premises in
1242	1242	32 respect to which a permit is applied for is in the nature of the
1243	1243	33 applicant's main business function in the premises.
1244	1244	34 Sec. 23. A person to whom a permit has been issued to carry on
1245	1245	35 any of the activities authorized by this article shall, before being
1246	1246	36 fully qualified to do business, post and display, and keep posted
1247	1247	37 and displayed, in the most conspicuous place in the person's
1248	1248	38 permitted premises the person's permit to do business.
1249	1249	39 Sec. 24. A permit issued under this article may not be
1250	1250	40 transferred from:
1251	1251	41 (1) the permit holder to another person; or
1252	1252	42 (2) the location for which the permit was approved or
1253	1253	2024 IN 107—LS 6267/DI 106 30
1254	1254	1 renewed to another location;
1255	1255	2 unless otherwise authorized by this article or approved by the
1256	1256	3 commission.
1257	1257	4 Sec. 25. (a) As used in this section, "disqualifying event" means
1258	1258	5 an occurrence that would render the planned cannabis permittee
1259	1259	6 location illegal under this article.
1260	1260	7 (b) If a disqualifying event occurs while a permit application is
1261	1261	8 pending before the commission, the applicant may transfer the
1262	1262	9 permit location within six (6) months of the disqualifying event.
1263	1263	10 Sec. 26. If the information required for an initial or renewal
1264	1264	11 permit changes, the applicant or permit holder shall notify the
1265	1265	12 commission within ten (10) business days of the change. If any
1266	1266	13 change in the information required for an application results in a
1267	1267	14 violation of this article, the commission may impose a penalty as
1268	1268	15 provided in this article.
1269	1269	16 Sec. 27. (a) A person may simultaneously hold:
1270	1270	17 (1) a grower permit and a processor permit;
1271	1271	18 (2) a grower permit and a retailer permit; or
1272	1272	19 (3) a processor permit and a retailer permit.
1273	1273	20 However, a person may not simultaneously hold a grower permit,
1274	1274	21 a processor permit, or a retailer permit unless the person is an
1275	1275	22 integrated permittee.
1276	1276	23 (b) A person holding a transport permit may not hold any other
1277	1277	24 type of permit, and a person holding a safety compliance facility
1278	1278	25 permit may not hold any other type of permit.
1279	1279	26 (c) Except as otherwise provided in this section, an integrated
1280	1280	27 permittee is subject to all the requirements of the laws and
1281	1281	28 regulations governing each permit.
1282	1282	29 (d) The commission shall impose an annual fee of one million
1283	1283	30 dollars ($1,000,000) on an integrated permittee. This fee includes
1284	1284	31 the separate grower, retailer, and processor fees. If the prospective
1285	1285	32 permittee is a veteran or minority owned business under section 5
1286	1286	33 of this chapter, the commission may permit this fee to be paid in
1287	1287	34 installments.
1288	1288	35 (e) The commission may award an integrated processor permit
1289	1289	36 only if the prospective permittee demonstrates that the permittee
1290	1290	37 has a proven capital reserve of at least five million dollars
1291	1291	38 ($5,000,000). If the prospective permittee is a veteran or minority
1292	1292	39 owned business under section 5 of this chapter, the commission
1293	1293	40 may permit alternate capital reserve.
1294	1294	41 (f) An integrated permittee is entitled to:
1295	1295	42 (1) twenty-five (25) retailer permits; and
1296	1296	2024 IN 107—LS 6267/DI 106 31
1297	1297	1 (2) ten (10) grower permits, consisting of:
1298	1298	2 (A) six (6) small grower permits under IC 7.1-8-12-7(a);
1299	1299	3 (B) three (3) medium grower permits under
1300	1300	4 IC 7.1-8-12-7(b); and
1301	1301	5 (C) one (1) large grower permit under IC 7.1-8-12-7(c).
1302	1302	6 However, an integrated permittee is not entitled to a permit if no
1303	1303	7 additional permits of that type are available.
1304	1304	8 (g) An integrated permittee to whom a permit has been issued
1305	1305	9 under this section may deposit that permit with the commission for
1306	1306	10 a period of:
1307	1307	11 (1) two (2) years, in the case of a grower and processor
1308	1308	12 permit; and
1309	1309	13 (2) three (3) years, in the case of a retailer permit;
1310	1310	14 if the permittee is unable to immediately operate the business to
1311	1311	15 which the permit applies.
1312	1312	16 (h) If a permittee is unable to use the permit issued under this
1313	1313	17 article within the period described in subsection (g), the permit is
1314	1314	18 forfeited to the commission, unless the commission finds that a
1315	1315	19 reasonable extension is necessary due to construction delays or fire,
1316	1316	20 flood, tornado, or other natural disasters or acts of God.
1317	1317	21 Chapter 12. Grower Permits
1318	1318	22 Sec. 1. The growth of cannabis is authorized in Indiana. The
1319	1319	23 growing and handling of cannabis is subject to regulation by the
1320	1320	24 commission. The commission shall adopt rules under IC 4-22-2 to
1321	1321	25 oversee the permitting, production, and management of:
1322	1322	26 (1) cannabis; and
1323	1323	27 (2) cannabis seed.
1324	1324	28 Sec. 2. (a) Except as expressly provided in this article, a
1325	1325	29 cannabis grower may not grow or sell cannabis in Indiana without
1326	1326	30 a permit issued by the commission under this article.
1327	1327	31 (b) Except as otherwise provided in this article, cannabis
1328	1328	32 produced by a grower permittee under this article may be grown
1329	1329	33 and sold in Indiana.
1330	1330	34 (c) A grower issued a permit under this chapter:
1331	1331	35 (1) must grow at least eighty percent (80%) of the cannabis
1332	1332	36 canopy in an indoor grow facility; and
1333	1333	37 (2) may grow not more than twenty percent (20%) of the
1334	1334	38 cannabis canopy outdoors, if:
1335	1335	39 (A) the outdoor grow area is adjacent to the indoor grow
1336	1336	40 facility; and
1337	1337	41 (B) is not:
1338	1338	42 (i) accessible to a member of the general public; or
1339	1339	2024 IN 107—LS 6267/DI 106 32
1340	1340	1 (ii) visible from any street adjacent to the property by a
1341	1341	2 normal person with 20/20 eyesight without the use of any
1342	1342	3 device to assist in improving viewing distance or vantage
1343	1343	4 point.
1344	1344	5 (d) Nothing in this chapter prohibits a grower permittee from:
1345	1345	6 (1) selling cannabis cultivated by the grower to another
1346	1346	7 grower permittee in Indiana;
1347	1347	8 (2) packaging, trimming, and placing cannabis cultivated by
1348	1348	9 the grower in containers for retail sale; or
1349	1349	10 (3) selling and delivering cannabis cultivated by the grower to
1350	1350	11 a person holding a retailer permit issued under this article.
1351	1351	12 However, a grower may not use a chemical process to extract or
1352	1352	13 transform cannabis.
1353	1353	14 (e) Nothing in this chapter prohibits a grower permittee from
1354	1354	15 exporting cannabis outside Indiana as permitted by federal law.
1355	1355	16 Sec. 3. (a) A grower to whom a permit has been issued under
1356	1356	17 this chapter may deposit that permit with the commission for a
1357	1357	18 period of two (2) years if the permittee is unable to immediately
1358	1358	19 operate the business to which the permit applies.
1359	1359	20 (b) If a permittee is unable to use the permit issued under this
1360	1360	21 article within two (2) years, the permit is forfeited to the
1361	1361	22 commission, unless the commission finds that a reasonable
1362	1362	23 extension is necessary due to construction delays or fire, flood,
1363	1363	24 tornado, or other natural disasters or acts of God.
1364	1364	25 Sec. 4. (a) As used in this section, "household" means a
1365	1365	26 residential dwelling that is the principal place of residence of a
1366	1366	27 person or a family unit whose members are related by birth,
1367	1367	28 marriage, or adoption and who share a common living
1368	1368	29 arrangement. It does not include any industrial, commercial, or
1369	1369	30 other nonresidential building.
1370	1370	31 (b) An individual may personally cultivate cannabis in Indiana
1371	1371	32 for personal use without a permit.
1372	1372	33 (c) A person may not personally cultivate more than four (4)
1373	1373	34 plants per household at one (1) time.
1374	1374	35 (d) All cannabis personally cultivated under this section must be
1375	1375	36 grown on real property owned by the person or on real property
1376	1376	37 for which the person has the property owner's written permission
1377	1377	38 to personally cultivate cannabis on the property.
1378	1378	39 (e) A person who personally cultivates cannabis may not use
1379	1379	40 extraction equipment or extraction processes if the equipment or
1380	1380	41 process uses butane, propane, carbon dioxide, or any potentially
1381	1381	42 hazardous material in a residential property.
1382	1382	2024 IN 107—LS 6267/DI 106 33
1383	1383	1 Sec. 5. (a) For purposes of this section, "visible" means viewable
1384	1384	2 by a normal person with 20/20 eyesight without the use of any
1385	1385	3 device to assist in improving viewing distance or vantage point.
1386	1386	4 (b) All cannabis personally cultivated under this chapter must
1387	1387	5 be cultivated so that the cannabis is not accessible to a member of
1388	1388	6 the general public. No cannabis may be visible from any street
1389	1389	7 adjacent to the property.
1390	1390	8 (c) In consultation with the state police department, the
1391	1391	9 commission shall adopt rules under IC 4-22-2 governing the
1392	1392	10 security of a cannabis personal cultivation site.
1393	1393	11 (d) Cannabis plants personally cultivated in violation of this
1394	1394	12 section may be seized and destroyed.
1395	1395	13 Sec. 6. In addition to the other requirements of this article, an
1396	1396	14 initial or renewal application for a grower permit must include the
1397	1397	15 following:
1398	1398	16 (1) The global positioning system coordinates and legal
1399	1399	17 description of the property used for the cannabis grow
1400	1400	18 operation.
1401	1401	19 (2) The planned size of the cannabis canopy.
1402	1402	20 (3) A site plan of the proposed grow facility.
1403	1403	21 (4) A nonrefundable application fee.
1404	1404	22 Sec. 7. (a) For a permittee who grows less than five thousand
1405	1405	23 (5,000) square feet of cannabis canopy, the commission shall
1406	1406	24 impose an annual fee of thirty thousand dollars ($30,000).
1407	1407	25 (b) For a permittee who grows at least five thousand (5,000)
1408	1408	26 square feet of cannabis canopy and less than fifteen thousand
1409	1409	27 (15,000) square feet of cannabis canopy, the commission shall
1410	1410	28 impose an annual fee of one hundred thousand dollars ($100,000).
1411	1411	29 (c) For a permittee who grows at least fifteen thousand (15,000)
1412	1412	30 square feet of cannabis canopy, the commission shall impose an
1413	1413	31 annual fee of two hundred thousand dollars ($200,000).
1414	1414	32 (d) Not more than:
1415	1415	33 (1) twenty-five (25) grower permits may be issued under
1416	1416	34 subsection (a) at one (1) time;
1417	1417	35 (2) fifteen (15) grower permits may be issued under subsection
1418	1418	36 (b) at one (1) time; and
1419	1419	37 (3) four (4) grower permits may be issued under subsection (c)
1420	1420	38 at one (1) time.
1421	1421	39 (e) A permittee, or permittee who is directly or indirectly
1422	1422	40 controlled by another permittee, may not possess more than one (1)
1423	1423	41 grower permit at one (1) time.
1424	1424	42 (f) The fees set forth in this section are due to the commission
1425	1425	2024 IN 107—LS 6267/DI 106 34
1426	1426	1 within thirty (30) days of the date the initial or renewal grower
1427	1427	2 permit is issued, and shall be deposited in the cannabis regulation
1428	1428	3 fund established by IC 7.1-8-2-12.
1429	1429	4 Sec. 8. (a) A grower shall uniquely identify each immature plant
1430	1430	5 batch with a single permanent plant tag and record the
1431	1431	6 information in the statewide monitoring system established under
1432	1432	7 IC 7.1-8-17. Each immature plant batch must consist of not more
1433	1433	8 than one hundred (100) immature plants.
1434	1434	9 (b) A grower shall separate the plants as the plants go through
1435	1435	10 different growth stages and ensure that the plant tag is always
1436	1436	11 identified with the plant throughout the growth span so that all
1437	1437	12 plants can be easily identified and inspected. A grower shall ensure
1438	1438	13 that the identification information is recorded in the statewide
1439	1439	14 monitoring system.
1440	1440	15 (c) After a tagged plant is harvested, it is part of a harvest batch
1441	1441	16 so that a sample of the harvest batch can be tested in accordance
1442	1442	17 with this article. A grower shall quarantine a harvest batch from
1443	1443	18 other plants or batches that have test results pending. A harvest
1444	1444	19 batch must be easily distinguishable from other harvest batches
1445	1445	20 until the harvest batch is broken down into packages.
1446	1446	21 (d) After test results show a passed test and the harvest batch is
1447	1447	22 packaged, the grower shall destroy the individual plant tags. Each
1448	1448	23 package must have a permanent package tag attached. A grower
1449	1449	24 shall ensure this information is placed in the statewide monitoring
1450	1450	25 system in accordance with this article and rules adopted by the
1451	1451	26 commission.
1452	1452	27 Sec. 9. (a) In addition to any other liability or penalty provided
1453	1453	28 by law, the commission may revoke or refuse to issue or renew a
1454	1454	29 grower permit and may impose a civil penalty for a violation of:
1455	1455	30 (1) a permit requirement;
1456	1456	31 (2) permit terms or conditions; or
1457	1457	32 (3) a rule relating to growing cannabis.
1458	1458	33 (b) The commission may not impose a civil penalty under this
1459	1459	34 section that exceeds two thousand five hundred dollars ($2,500).
1460	1460	35 (c) Any civil penalties collected under this section shall be
1461	1461	36 deposited in the cannabis regulation fund established by
1462	1462	37 IC 7.1-8-2-12.
1463	1463	38 Sec. 10. (a) Except as provided in subsection (b), the commission
1464	1464	39 shall give a person who negligently violates this chapter a
1465	1465	40 reasonable time, determined by the commission, to correct the
1466	1466	41 violation without imposing a penalty under this chapter. However,
1467	1467	42 the commission may require the person who committed the
1468	1468	2024 IN 107—LS 6267/DI 106 35
1469	1469	1 violation to comply with a corrective action plan determined by the
1470	1470	2 commission and report to the commission on compliance with the
1471	1471	3 corrective action plan.
1472	1472	4 (b) A person who commits a negligent violation of this chapter
1473	1473	5 three (3) times in a five (5) year period shall immediately be
1474	1474	6 ineligible to hold or work under a grower permit for five (5) years.
1475	1475	7 (c) If the commission believes that a person has knowingly or
1476	1476	8 intentionally violated this chapter, the commission shall notify:
1477	1477	9 (1) the superintendent of the state police department; and
1478	1478	10 (2) the prosecuting attorney of the county in which the
1479	1479	11 violation occurred;
1480	1480	12 of the violation.
1481	1481	13 (d) A person who commits a negligent violation under this
1482	1482	14 chapter is subject to a late fee as established by rules adopted by
1483	1483	15 the commission.
1484	1484	16 Sec. 11. The commission shall adopt rules under IC 4-22-2 to
1485	1485	17 implement and administer this chapter.
1486	1486	18 Sec. 12. (a) The commission may keep the:
1487	1487	19 (1) names of growers who are permitted under this chapter;
1488	1488	20 and
1489	1489	21 (2) locations of permitted cannabis crops;
1490	1490	22 confidential for purposes of IC 5-14-3.
1491	1491	23 (b) The commission may share confidential information under
1492	1492	24 subsection (a) with the state police department and law
1493	1493	25 enforcement officers (as defined in IC 35-31.5-2-185).
1494	1494	26 Sec. 13. A person not permitted under this chapter who
1495	1495	27 knowingly or intentionally:
1496	1496	28 (1) grows or sells cannabis; or
1497	1497	29 (2) sells cannabis seed;
1498	1498	30 commits a Level 6 felony.
1499	1499	31 Chapter 13. Processor Permits
1500	1500	32 Sec. 1. The commission may issue a cannabis processor permit
1501	1501	33 to a person who desires to process cannabis or cannabis products.
1502	1502	34 Sec. 2. The holder of a processor permit may do the following:
1503	1503	35 (1) Process cannabis or cannabis products.
1504	1504	36 (2) Place cannabis or cannabis products in containers for
1505	1505	37 retail sale.
1506	1506	38 (3) Sell and deliver cannabis or cannabis products to a person
1507	1507	39 holding a retailer permit issued under this article.
1508	1508	40 Sec. 3. (a) A processor to whom a permit has been issued under
1509	1509	41 this chapter may deposit that permit with the commission for a
1510	1510	42 period of up to two (2) years if the permittee is unable to
1511	1511	2024 IN 107—LS 6267/DI 106 36
1512	1512	1 immediately operate the business to which the permit applies.
1513	1513	2 (b) If a permittee is unable to use the permit issued under this
1514	1514	3 article within two (2) years, the permit is forfeited to the
1515	1515	4 commission, unless the commission finds that a reasonable
1516	1516	5 extension is necessary due to construction delays or fire, flood,
1517	1517	6 tornado, or other natural disasters or acts of God.
1518	1518	7 Sec. 4. Cannabis or cannabis products must be transported and
1519	1519	8 distributed to and from a processor in packaging that contains the
1520	1520	9 following information:
1521	1521	10 (1) A scannable bar code or QR code linked to a document
1522	1522	11 that contains the:
1523	1523	12 (A) batch identification number of the cannabis or
1524	1524	13 cannabis products;
1525	1525	14 (B) product name;
1526	1526	15 (C) batch date;
1527	1527	16 (D) expiration date, which must be not more than two (2)
1528	1528	17 years from the date of manufacture;
1529	1529	18 (E) batch size;
1530	1530	19 (F) total quantity produced;
1531	1531	20 (G) ingredients used, including the:
1532	1532	21 (i) ingredient name;
1533	1533	22 (ii) name of the company that manufactured the
1534	1534	23 ingredient;
1535	1535	24 (iii) company or product identification number or code,
1536	1536	25 if applicable; and
1537	1537	26 (iv) ingredient lot number; and
1538	1538	27 (H) results of the quality assurance test conducted under
1539	1539	28 IC 7.1-8-18.
1540	1540	29 (2) The batch number.
1541	1541	30 (3) The Internet address of a website to obtain batch
1542	1542	31 information.
1543	1543	32 (4) The expiration date.
1544	1544	33 (5) The total number of milligrams of
1545	1545	34 delta-9-tetrahydrocannabinol (THC), including precursors.
1546	1546	35 (6) The grower.
1547	1547	36 Sec. 5. The commission shall impose an annual fee of thirty
1548	1548	37 thousand dollars ($30,000) on a processor permittee.
1549	1549	38 Chapter 14. Transport Permits
1550	1550	39 Sec. 1. The commission may issue a cannabis transport permit
1551	1551	40 to a person who is a carrier upon a showing of the reliability and
1552	1552	41 responsibility of the carrier and the appropriateness of issuing the
1553	1553	42 permit.
1554	1554	2024 IN 107—LS 6267/DI 106 37
1555	1555	1 Sec. 2. The transportation of cannabis and cannabis products
1556	1556	2 for sale in Indiana is subject to the rules of the commission.
1557	1557	3 Cannabis and cannabis products may be transported and delivered
1558	1558	4 only in containers that are lawful under this article and permissible
1559	1559	5 under the rules of the commission.
1560	1560	6 Sec. 3. A transport permit is required for the transportation of
1561	1561	7 cannabis or cannabis products on a public highway in Indiana.
1562	1562	8 Sec. 4. (a) A carrier must hold a transport permit before the
1563	1563	9 carrier may transport cannabis or cannabis products on a public
1564	1564	10 highway.
1565	1565	11 (b) A person that is a direct or beneficial owner of a grower,
1566	1566	12 processor, retailer, or safety compliance facility permit issued
1567	1567	13 under this article may not hold a transport permit.
1568	1568	14 Sec. 5. (a) A carrier to whom a permit has been issued under
1569	1569	15 this chapter may deposit that permit with the commission for a
1570	1570	16 period of one (1) year if the permittee is unable to immediately
1571	1571	17 operate the business to which the permit applies.
1572	1572	18 (b) If a permittee is unable to use the permit issued under this
1573	1573	19 article within one (1) year, the permit is forfeited to the
1574	1574	20 commission, unless the commission finds that a reasonable
1575	1575	21 extension is necessary due to construction delays or fire, flood,
1576	1576	22 tornado, or other natural disasters or acts of God.
1577	1577	23 Sec. 6. (a) A carrier may not transport cannabis or cannabis
1578	1578	24 products on a vehicle owned or operated by the carrier unless the
1579	1579	25 carrier has filed a description of the vehicle with the commission.
1580	1580	26 (b) The description of a vehicle used to transport cannabis or
1581	1581	27 cannabis products must include:
1582	1582	28 (1) the engine number;
1583	1583	29 (2) the date of manufacture;
1584	1584	30 (3) the approximate weight;
1585	1585	31 (4) the vehicle identification number;
1586	1586	32 (5) the license plate number;
1587	1587	33 (6) the capacity; and
1588	1588	34 (7) any other information that the commission may require.
1589	1589	35 (c) The permittee may alter or add to the number of vehicles
1590	1590	36 included under the permit at any time.
1591	1591	37 Sec. 7. (a) A carrier must transmit a copy of its route plan and
1592	1592	38 manifest to the safety compliance facility as required by
1593	1593	39 IC 7.1-8-18, and a copy of each must be carried in the transporting
1594	1594	40 vehicle and presented to a law enforcement officer or commission
1595	1595	41 enforcement officer upon request.
1596	1596	42 (b) The commission may inspect shipments of cannabis or
1597	1597	2024 IN 107—LS 6267/DI 106 38
1598	1598	1 cannabis products in transit and the vehicle used in the
1599	1599	2 transportation.
1600	1600	3 Sec. 8. The commission shall impose an annual fee of five
1601	1601	4 thousand dollars ($5,000) on a carrier.
1602	1602	5 Sec. 9. A transport permittee who knowingly or intentionally
1603	1603	6 transports cannabis or cannabis products in a vehicle for which the
1604	1604	7 permittee has not filed a description under this chapter commits a
1605	1605	8 Class A misdemeanor.
1606	1606	9 Chapter 15. Retailer Permits
1607	1607	10 Sec. 1. The commission may issue a cannabis retailer permit to
1608	1608	11 a person who desires to sell cannabis or cannabis products to
1609	1609	12 customers for consumption.
1610	1610	13 Sec. 2. (a) The commission may grant only one (1) retailer
1611	1611	14 permit per twenty-five thousand (25,000) persons statewide.
1612	1612	15 (b) Only two hundred sixty-nine (269) active retailer permits
1613	1613	16 may be issued at any one (1) time.
1614	1614	17 (c) A county may not have more permits than its census
1615	1615	18 population divided by twenty-five thousand (25,000).
1616	1616	19 (d) No single retailer permittee may own more than twenty-five
1617	1617	20 percent (25%) of available permits.
1618	1618	21 Sec. 3. (a) The holder of a retailer permit may purchase
1619	1619	22 cannabis or cannabis products only from a permittee permitted
1620	1620	23 under this article. A retailer may possess cannabis or cannabis
1621	1621	24 products and sell it at retail for consumption to a customer who is
1622	1622	25 at least twenty-one (21) years of age.
1623	1623	26 (b) A retailer may sell cannabis or cannabis products at
1624	1624	27 wholesale.
1625	1625	28 (c) A retailer may sell and deliver cannabis or cannabis
1626	1626	29 products for carry out and for at home delivery without a
1627	1627	30 transport permit.
1628	1628	31 Sec. 4. (a) A retailer to which a permit has been issued under
1629	1629	32 this chapter may deposit the permit with the commission for a
1630	1630	33 period of one (1) year if the permittee is unable to immediately
1631	1631	34 operate the business to which the permit applies.
1632	1632	35 (b) If a permittee is unable to use the permit issued under this
1633	1633	36 article within one (1) year, the permit is forfeited to the
1634	1634	37 commission, unless the commission finds that a reasonable
1635	1635	38 extension is necessary due to construction delays or fire, flood,
1636	1636	39 tornado, or other natural disasters or acts of God.
1637	1637	40 Sec. 5. (a) A retailer may not:
1638	1638	41 (1) operate within one thousand (1,000) feet of an elementary
1639	1639	42 or secondary school;
1640	1640	2024 IN 107—LS 6267/DI 106 39
1641	1641	1 (2) allow a customer to sample or consume cannabis or a
1642	1642	2 cannabis product on the premises;
1643	1643	3 (3) permit a customer to purchase more than four (4) ounces
1644	1644	4 of cannabis or twenty-five (25) grams of cannabis concentrate
1645	1645	5 per day; or
1646	1646	6 (4) sell cannabis or a cannabis product in a unitary
1647	1647	7 transaction (as defined in IC 6-2.5-1-1) or bundled transaction
1648	1648	8 (as defined in IC 6-2.5-1-11.5).
1649	1649	9 (b) A person who knowingly or intentionally violates this section
1650	1650	10 commits a Level 6 felony.
1651	1651	11 Sec. 6. The commission shall impose an annual fee of one
1652	1652	12 thousand dollars ($1,000) on a retailer permittee.
1653	1653	13 Sec. 7. (a) All sales of cannabis and cannabis products must be
1654	1654	14 accompanied by an invoice showing the following:
1655	1655	15 (1) The name and address of the seller and the purchaser.
1656	1656	16 (2) The date of sale.
1657	1657	17 (3) The name of each brand sold.
1658	1658	18 (4) The number of packages, if any.
1659	1659	19 (5) The number of cases by size and type of container.
1660	1660	20 (6) The quantity of each kind of cannabis or cannabis product
1661	1661	21 sold.
1662	1662	22 (b) The permittee must transmit an invoice to the commission
1663	1663	23 in accordance with rules adopted by the commission.
1664	1664	24 Sec. 8. Except as provided in IC 7.1-8-16, a unit may not
1665	1665	25 regulate cannabis or cannabis products.
1666	1666	26 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
1667	1667	27 Sec. 1. (a) Before July 1, 2025, the legislative body of a county
1668	1668	28 may adopt a resolution to place a public question on the ballot to
1669	1669	29 prohibit cannabis retail licensure within the county. The legislative
1670	1670	30 body shall determine whether to place the public question on the
1671	1671	31 primary election ballot, on the general election ballot, or on a
1672	1672	32 special election ballot.
1673	1673	33 (b) As soon as practicable after adopting the resolution under
1674	1674	34 subsection (a), the legislative body shall send a certified copy of the
1675	1675	35 resolution to the commission and the county circuit court clerk.
1676	1676	36 Sec. 2. A prohibition against cannabis retail licensure under this
1677	1677	37 chapter prevails if a majority of the individuals who vote on the
1678	1678	38 public question approves the prohibition.
1679	1679	39 Sec. 3. The public question to be submitted to the voters must
1680	1680	40 read as follows:
1681	1681	41 "Shall the county prohibit cannabis retail licensure for five (5)
1682	1682	42 years immediately following the holding of the referendum?
1683	1683	2024 IN 107—LS 6267/DI 106 40
1684	1684	1 If this public question is approved by the voters, cannabis
1685	1685	2 retailers will be prohibited from licensing premises in the
1686	1686	3 county for five (5) years.".
1687	1687	4 Sec. 4. Each circuit court clerk shall, upon receiving the
1688	1688	5 question approved by the legislative body of a county under this
1689	1689	6 chapter, call a meeting of the county election board to certify the
1690	1690	7 question and make arrangements for the referendum.
1691	1691	8 Sec. 5. (a) The referendum shall be held in the next primary
1692	1692	9 election or general election in which all the registered voters who
1693	1693	10 are residents of the county are entitled to vote after adoption of the
1694	1694	11 resolution under section 1 of this chapter. The certification of the
1695	1695	12 question must occur not later than noon:
1696	1696	13 (1) seventy-four (74) days before a primary election if the
1697	1697	14 question is to be placed on the primary election ballot; or
1698	1698	15 (2) August 1 if the question is to be placed on the general
1699	1699	16 election ballot.
1700	1700	17 (b) However, if a primary election or general election will not be
1701	1701	18 held during the first year in which the public question is eligible to
1702	1702	19 be placed on the ballot under this chapter, and if the county
1703	1703	20 requests the public question to be placed on the ballot at a special
1704	1704	21 election, the public question shall be placed on the ballot at a
1705	1705	22 special election to be held on the first Tuesday after the first
1706	1706	23 Monday in May or November of the year. The certification must
1707	1707	24 occur not later than noon:
1708	1708	25 (1) sixty (60) days before a special election to be held in May
1709	1709	26 (if the special election is to be held in May); or
1710	1710	27 (2) August 1 (if the special election is to be held in November).
1711	1711	28 (c) If the referendum is not conducted at a primary election or
1712	1712	29 general election, the county in which the special election is to be
1713	1713	30 held shall pay all the costs of holding the special election.
1714	1714	31 Sec. 6. Each county election board shall cause:
1715	1715	32 (1) the question certified to the circuit court clerk by the
1716	1716	33 governing body of a county to be placed on the ballot in the
1717	1717	34 form prescribed by IC 3-10-9; and
1718	1718	35 (2) an adequate supply of ballots and voting equipment to be
1719	1719	36 delivered to the precinct election board of each precinct in
1720	1720	37 which the referendum is to be held.
1721	1721	38 Sec. 7. (a) Except as provided in subsection (b), every registered
1722	1722	39 voter who resides in the county may vote on the public question.
1723	1723	40 (b) An individual who changes residence from a location within
1724	1724	41 a county to a location outside of the county less than thirty (30)
1725	1725	42 days before an election under this chapter may not vote on the
1726	1726	2024 IN 107—LS 6267/DI 106 41
1727	1727	1 public question.
1728	1728	2 Sec. 8. Each precinct election board shall count the affirmative
1729	1729	3 votes and the negative votes cast concerning the public question,
1730	1730	4 and shall certify those two (2) totals to the county election board of
1731	1731	5 the county. The circuit court clerk shall, immediately after the
1732	1732	6 votes have been counted, certify the results of the public question
1733	1733	7 to the commission and the county legislative body.
1734	1734	8 Sec. 9. (a) Except as otherwise provided in this section, during
1735	1735	9 the period beginning with the adoption of a resolution by the
1736	1736	10 legislative body of a county to place a public question on the ballot
1737	1737	11 and continuing through the day on which the public question is
1738	1738	12 submitted to the voters, the county legislative body may not
1739	1739	13 promote a position on the referendum by doing any of the
1740	1740	14 following:
1741	1741	15 (1) Using facilities or equipment, including mail and
1742	1742	16 messaging systems, owned by the county to promote a position
1743	1743	17 on the public question, unless equal access to the facilities or
1744	1744	18 equipment is given to persons with a position opposite to that
1745	1745	19 of the county legislative body.
1746	1746	20 (2) Making an expenditure of money from a fund controlled
1747	1747	21 by the county to promote a position on the public question.
1748	1748	22 (3) Using an employee to promote a position on the public
1749	1749	23 question during the employee's normal working hours or paid
1750	1750	24 overtime, or otherwise compelling an employee to promote a
1751	1751	25 position on the public question at any time. However, if a
1752	1752	26 person described in subsection (c) is advocating for or against
1753	1753	27 a position on the public question or discussing the public
1754	1754	28 question as authorized under subsection (c), an employee of
1755	1755	29 the county may assist the person in presenting information on
1756	1756	30 the public question, if requested to do so by the person
1757	1757	31 described in subsection (c).
1758	1758	32 However, this section does not prohibit an official or employee of
1759	1759	33 the county from carrying out duties with respect to a public
1760	1760	34 question that are part of the normal and regular conduct of the
1761	1761	35 official's or employee's office or agency, including the furnishing
1762	1762	36 of factual information regarding the public question in response to
1763	1763	37 inquiries from any person.
1764	1764	38 (b) This subsection does not apply to:
1765	1765	39 (1) a personal expenditure to promote a position on a public
1766	1766	40 question by an employee of a county whose employment is
1767	1767	41 governed by a collective bargaining contract or an
1768	1768	42 employment contract; or
1769	1769	2024 IN 107—LS 6267/DI 106 42
1770	1770	1 (2) an expenditure to promote a position on a public question
1771	1771	2 by a person or an organization that has a contract or an
1772	1772	3 arrangement (whether formal or informal) with the county
1773	1773	4 solely for the use of the county's facilities.
1774	1774	5 A person or an organization that has a contract or arrangement
1775	1775	6 (whether formal or informal) with a county to provide goods or
1776	1776	7 services to the county may not spend any money to promote a
1777	1777	8 position on the public question. A violation of this subsection is a
1778	1778	9 Class A infraction.
1779	1779	10 (c) Notwithstanding any other law, an elected or appointed
1780	1780	11 member of the county governing body may at any time:
1781	1781	12 (1) personally advocate for or against a position on a public
1782	1782	13 question; or
1783	1783	14 (2) discuss the public question with any individual, group, or
1784	1784	15 organization or personally advocate for or against a position
1785	1785	16 on a public question before any individual, group, or
1786	1786	17 organization;
1787	1787	18 so long as it is not done by using public funds. Advocacy or
1788	1788	19 discussion allowed under this subsection is not considered a use of
1789	1789	20 public funds.
1790	1790	21 Chapter 17. Statewide Monitoring System
1791	1791	22 Sec. 1. The commission shall establish a statewide monitoring
1792	1792	23 system for use as an integrated cannabis tracking, inventory, and
1793	1793	24 verification system. The statewide monitoring system must allow
1794	1794	25 for interface with third party inventory control and tracking
1795	1795	26 systems to provide for access by the state, permittees, and law
1796	1796	27 enforcement personnel, to the extent that they need and are
1797	1797	28 authorized to receive or submit the information, to comply with,
1798	1798	29 enforce, or administer this article.
1799	1799	30 Sec. 2. At a minimum, the statewide monitoring system must be
1800	1800	31 capable of storing and providing access to information that, in
1801	1801	32 conjunction with one (1) or more third party inventory control and
1802	1802	33 tracking systems, allows the following:
1803	1803	34 (1) Retention of a record of the date, time, quantity, and price
1804	1804	35 of each sale or transfer of cannabis or cannabis products.
1805	1805	36 (2) Determination of whether a particular sale or transfer
1806	1806	37 transaction will exceed the permissible limit established under
1807	1807	38 this article.
1808	1808	39 (3) Effective monitoring of cannabis seed to sale transfers.
1809	1809	40 (4) Receipt and integration of information from third party
1810	1810	41 inventory control and tracking systems.
1811	1811	42 Sec. 3. The commission shall seek bids under IC 5-22 to
1812	1812	2024 IN 107—LS 6267/DI 106 43
1813	1813	1 establish, operate, and maintain the statewide monitoring system
1814	1814	2 under this chapter. The commission shall do the following:
1815	1815	3 (1) Evaluate bidders based on the cost of the service and the
1816	1816	4 ability to meet all requirements of this article.
1817	1817	5 (2) Give strong consideration to the bidder's ability to prevent
1818	1818	6 fraud, abuse, and other unlawful or prohibited activities
1819	1819	7 associated with the commercial trade in cannabis, and the
1820	1820	8 ability to provide additional tools for the administration and
1821	1821	9 enforcement of this article.
1822	1822	10 (3) Institute procedures to ensure that the contract awardee
1823	1823	11 does not disclose or use the information in the statewide
1824	1824	12 monitoring system for any use or purpose except for the
1825	1825	13 enforcement, oversight, and implementation of this article.
1826	1826	14 (4) Require the contract awardee to deliver the functioning
1827	1827	15 system within one hundred twenty (120) days after award of
1828	1828	16 the contract.
1829	1829	17 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
1830	1830	18 implement this chapter.
1831	1831	19 Chapter 18. Safety Compliance Facility Permit
1832	1832	20 Sec. 1. The commission may issue a cannabis safety compliance
1833	1833	21 facility permit to a person who desires to test cannabis and
1834	1834	22 cannabis products for transfer, sale, and consumption in Indiana.
1835	1835	23 Sec. 2. A person who has a direct or indirect ownership interest
1836	1836	24 in a grower, processor, transport, or retailer permit may not have
1837	1837	25 a direct or indirect ownership interest in a safety compliance
1838	1838	26 facility or a safety compliance facility permit.
1839	1839	27 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
1840	1840	28 establish a proficiency testing program and designate safety
1841	1841	29 compliance facility participation that, at a minimum, comply with
1842	1842	30 reasonable and customary industry standards.
1843	1843	31 Sec. 4. (a) A safety compliance facility to which a permit has
1844	1844	32 been issued under this chapter may deposit that permit with the
1845	1845	33 commission for a period of one (1) year if the permittee is unable
1846	1846	34 to immediately operate the facility.
1847	1847	35 (b) If a permittee is unable to use the permit issued under this
1848	1848	36 article within one (1) year, the permit is forfeited to the
1849	1849	37 commission.
1850	1850	38 Sec. 5. (a) A safety compliance facility must test samples as
1851	1851	39 provided in this chapter and pursuant to rules adopted by the
1852	1852	40 commission.
1853	1853	41 (b) A safety compliance facility shall collect samples of cannabis
1854	1854	42 and cannabis products from another cannabis permittee. Every
1855	1855	2024 IN 107—LS 6267/DI 106 44
1856	1856	1 cannabis permittee shall permit and assist the safety compliance
1857	1857	2 facility in the collection of samples for testing.
1858	1858	3 (c) The safety compliance facility shall take a physical sample of
1859	1859	4 the cannabis or cannabis product from another cannabis permittee
1860	1860	5 to be tested at the safety compliance facility.
1861	1861	6 (d) The safety compliance facility must develop a statistically
1862	1862	7 valid sampling method to collect a representative sample from each
1863	1863	8 batch of cannabis or cannabis product.
1864	1864	9 Sec. 6. (a) A safety compliance facility must comply with all the
1865	1865	10 following:
1866	1866	11 (1) The safety compliance facility shall ensure that samples of
1867	1867	12 the cannabis or cannabis product are identified in the
1868	1868	13 statewide monitoring system and placed in secured, sealed
1869	1869	14 containers that bear the labeling required under the rules.
1870	1870	15 (2) A carrier's route plan and manifest that have been
1871	1871	16 transmitted to the facility must be entered into the statewide
1872	1872	17 monitoring system.
1873	1873	18 (3) The cannabis or cannabis product must be transported in
1874	1874	19 one (1) or more sealed containers and not be accessible while
1875	1875	20 in transit.
1876	1876	21 (4) The vehicle a safety compliance facility uses to transport
1877	1877	22 samples of cannabis or cannabis products may not bear
1878	1878	23 markings or other indication that it is carrying cannabis or a
1879	1879	24 cannabis product.
1880	1880	25 (b) Except as otherwise required by the commission, the safety
1881	1881	26 compliance facility shall collect a sample size that is:
1882	1882	27 (1) sufficient to complete all required analyses; and
1883	1883	28 (2) not less than one-half percent (0.5%) of the weight of the
1884	1884	29 harvest batch.
1885	1885	30 (c) At least fifty percent (50%) of the sample taken must be
1886	1886	31 homogenized for testing.
1887	1887	32 (d) The safety compliance facility shall report all testing results
1888	1888	33 to the commission on a quarterly basis, including the rate of
1889	1889	34 failure.
1890	1890	35 Sec. 7. A safety compliance facility must do all of the following:
1891	1891	36 (1) Become fully accredited to the International Organization
1892	1892	37 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
1893	1893	38 ILAC recognized accreditation body or by an entity approved
1894	1894	39 by the commission within one (1) year after the date the
1895	1895	40 permit is issued, and agree to have the inspections and reports
1896	1896	41 of the ISO made available to the commission.
1897	1897	42 (2) Maintain internal standard operating procedures.
1898	1898	2024 IN 107—LS 6267/DI 106 45
1899	1899	1 (3) Maintain a quality control and quality assurance program.
1900	1900	2 Sec. 8. The commission may publish sample sizes for other
1901	1901	3 cannabis or cannabis products being tested.
1902	1902	4 Sec. 9. A cannabis permittee must allow the safety compliance
1903	1903	5 facility to have access to its entire batch for the purposes of
1904	1904	6 sampling.
1905	1905	7 Sec. 10. (a) An employee of the cannabis permittee from which
1906	1906	8 the cannabis or cannabis product test samples are being taken shall
1907	1907	9 be physically present to observe the safety compliance facility
1908	1908	10 employee collect the samples of cannabis or cannabis product for
1909	1909	11 testing. The employee shall ensure that the correct sample
1910	1910	12 increments are taken from throughout the batch.
1911	1911	13 (b) An employee of a cannabis permittee may not:
1912	1912	14 (1) be directly involved in the testing performed by the safety
1913	1913	15 compliance facility employee; or
1914	1914	16 (2) touch the cannabis or cannabis product or the sampling
1915	1915	17 equipment while the safety compliance facility employee is
1916	1916	18 obtaining the sample.
1917	1917	19 Sec. 11. (a) After samples have been selected, both the employee
1918	1918	20 of the cannabis permittee and the employee of the safety
1919	1919	21 compliance facility shall sign and date a chain of custody form,
1920	1920	22 attesting to the accuracy of the following sample information:
1921	1921	23 (1) The name of the cannabis or cannabis product.
1922	1922	24 (2) The weight of the cannabis or cannabis product.
1923	1923	25 (3) That all cannabis and cannabis products and samples are
1924	1924	26 correctly identified in the statewide monitoring system.
1925	1925	27 (4) If the cannabis or cannabis product test sample is obtained
1926	1926	28 for a retest, the safety compliance facility confirms that it is
1927	1927	29 not accepting a cannabis or cannabis product test sample that
1928	1928	30 is prohibited from being retested.
1929	1929	31 (b) The cannabis permittee shall enter in the statewide
1930	1930	32 monitoring system the cannabis or cannabis product test sample
1931	1931	33 that is collected by a permitted safety compliance facility, including
1932	1932	34 the date and time the cannabis or cannabis product is collected and
1933	1933	35 transferred. The safety compliance facility shall enter into the
1934	1934	36 statewide monitoring system the test results within three (3)
1935	1935	37 business days of test completion.
1936	1936	38 (c) If a testing sample is collected from a cannabis permittee for
1937	1937	39 testing in the statewide monitoring system, that cannabis permittee
1938	1938	40 shall quarantine the cannabis or cannabis product that is
1939	1939	41 undergoing the testing from any other cannabis or cannabis
1940	1940	42 products at the cannabis permittee location. The quarantined
1941	1941	2024 IN 107—LS 6267/DI 106 46
1942	1942	1 cannabis or cannabis product must not be packaged, transferred,
1943	1943	2 or sold until passing test results are entered into the statewide
1944	1944	3 monitoring system.
1945	1945	4 (d) A safety compliance facility may collect additional sample
1946	1946	5 material from the same permittee from which the original sample
1947	1947	6 was collected for the purposes of completing the required safety
1948	1948	7 tests as long as the requirements of this chapter are met.
1949	1949	8 (e) The commission may publish guidance that shall be followed
1950	1950	9 by cannabis permittees for chain of custody documentation.
1951	1951	10 Sec. 12. A safety compliance facility shall use analytical testing
1952	1952	11 methodologies for the required quality assurance tests under this
1953	1953	12 chapter that are validated. The tests may be monitored on an
1954	1954	13 ongoing basis by the commission. The facility's methodology must
1955	1955	14 follow one (1) of the following:
1956	1956	15 (1) The most current version of the Cannabis Inflorescence:
1957	1957	16 Standards of Identity, Analysis, and Quality Control
1958	1958	17 monograph published by the American Herbal
1959	1959	18 Pharmacopoeia.
1960	1960	19 (2) An alternative testing methodology approved by the
1961	1961	20 commission and validated by an independent third party that
1962	1962	21 the methodology followed by the safety compliance facility
1963	1963	22 produces scientifically accurate results as quality assurance
1964	1964	23 for each test it conducts.
1965	1965	24 Sec. 13. A safety compliance facility shall conduct quality
1966	1966	25 assurance tests that test for all of the following:
1967	1967	26 (1) Moisture content.
1968	1968	27 (2) Potency analysis.
1969	1969	28 (3) Tetrahydrocannabinol level.
1970	1970	29 (4) Tetrahydrocannabinol acid level.
1971	1971	30 (5) Cannabidiol and cannabidiol acid levels.
1972	1972	31 (6) Foreign matter inspection.
1973	1973	32 (7) Microbial and mycotoxin screening.
1974	1974	33 (8) Pesticides.
1975	1975	34 (9) Chemical residue.
1976	1976	35 (10) Fungicides.
1977	1977	36 (11) Insecticides.
1978	1978	37 (12) Metals screening.
1979	1979	38 (13) Residual solvents levels.
1980	1980	39 (14) Terpene analysis.
1981	1981	40 (15) Water activity content.
1982	1982	41 Sec. 14. The commission, in consultation with the state seed
1983	1983	42 commissioner and the department of agriculture, shall publish a
1984	1984	2024 IN 107—LS 6267/DI 106 47
1985	1985	1 list of approved pesticides for use in the growing and production of
1986	1986	2 cannabis and cannabis products to be sold or transferred in
1987	1987	3 Indiana.
1988	1988	4 Sec. 15. The commission shall take immediate disciplinary
1989	1989	5 action against any safety compliance facility that fails to comply
1990	1990	6 with the provisions of this article or falsifies records related to this
1991	1991	7 article, including any sanctions or fines, or both.
1992	1992	8 Sec. 16. A safety compliance facility is prohibited from doing
1993	1993	9 any of the following:
1994	1994	10 (1) Desiccating samples.
1995	1995	11 (2) Dry labeling samples.
1996	1996	12 (3) Pretesting samples.
1997	1997	13 Sec. 17. A safety compliance facility shall comply with random
1998	1998	14 quality assurance compliance checks upon the request of the
1999	1999	15 commission. The commission or its authorized agents may collect
2000	2000	16 a random sample of cannabis or cannabis product from a safety
2001	2001	17 compliance facility or designate another safety compliance facility
2002	2002	18 to collect a random sample of cannabis or cannabis product in a
2003	2003	19 secure manner to test that sample for quality assurance compliance
2004	2004	20 pursuant to this rule.
2005	2005	21 Sec. 18. (a) A safety compliance facility may retest cannabis or
2006	2006	22 cannabis products that have failed initial safety testing, except as
2007	2007	23 indicated under subsection (c).
2008	2008	24 (b) A failed cannabis product must pass two (2) separate retests
2009	2009	25 with new samples consecutively to be eligible to proceed to sale or
2010	2010	26 transfer.
2011	2011	27 (c) The commission may publish a remediation protocol that
2012	2012	28 addresses, among other things, the sale or transfer of cannabis or
2013	2013	29 cannabis products after a failed safety test.
2014	2014	30 (d) The cannabis permittee that provided the sample is
2015	2015	31 responsible for all costs involved in a retest.
2016	2016	32 Sec. 19. (a) As used in this section, "research and development
2017	2017	33 testing" means optional testing performed before final compliance
2018	2018	34 testing.
2019	2019	35 (b) The commission may not take punitive action against a
2020	2020	36 cannabis permittee for conducting research and development
2021	2021	37 testing.
2022	2022	38 (c) The commission may adopt rules or publish guidance for
2023	2023	39 research and development testing.
2024	2024	40 (d) A permittee conducting research and development testing
2025	2025	41 must enter the testing and any other information required by the
2026	2026	42 commission into the statewide monitoring system.
2027	2027	2024 IN 107—LS 6267/DI 106 48
2028	2028	1 Chapter 19. Violations
2029	2029	2 Sec. 1. If a permit holder violates this article, the permit holder
2030	2030	3 may be publicly reprimanded, assessed a civil penalty, or have the
2031	2031	4 permit revoked or suspended.
2032	2032	5 Sec. 2. (a) The commission may assess a civil penalty for a
2033	2033	6 violation of this article in an amount that does not exceed fifty
2034	2034	7 thousand dollars ($50,000). A civil penalty may be assessed in
2035	2035	8 addition to other penalties allowed under this article.
2036	2036	9 (b) A civil penalty assessed under this section shall be deposited
2037	2037	10 in the cannabis regulation fund established by IC 7.1-8-2-12.
2038	2038	11 Sec. 3. A person who recklessly, knowingly, or intentionally
2039	2039	12 provides cannabis or cannabis products to a person less than
2040	2040	13 twenty-one (21) years of age commits a Class B misdemeanor.
2041	2041	14 However, the offense is:
2042	2042	15 (1) a Class A misdemeanor if the person has a prior unrelated
2043	2043	16 conviction under this section; and
2044	2044	17 (2) a Level 6 felony if the use of the cannabis or cannabis
2045	2045	18 products is the proximate cause of the serious bodily injury or
2046	2046	19 death of any person.
2047	2047	20 Sec. 4. (a) A person who knowingly or intentionally:
2048	2048	21 (1) rents property; or
2049	2049	22 (2) provides or arranges for the use of property;
2050	2050	23 for the purpose of allowing or enabling a person less than
2051	2051	24 twenty-one (21) years of age to use cannabis or cannabis products
2052	2052	25 on the property commits a Class C infraction. However, the
2053	2053	26 violation is a Class B misdemeanor if the person has a prior
2054	2054	27 unrelated adjudication or conviction for a violation of this section
2055	2055	28 within the previous five (5) years.
2056	2056	29 (b) This section may not be construed to impose civil or criminal
2057	2057	30 liability upon any postsecondary educational institution, including
2058	2058	31 public and private universities and colleges, business schools,
2059	2059	32 vocational schools, and schools for continuing education, or its
2060	2060	33 agents for injury to any person or property sustained in
2061	2061	34 consequence of a violation of this section unless the institution or
2062	2062	35 its agent:
2063	2063	36 (1) sells, barters, exchanges, provides, or furnishes cannabis
2064	2064	37 or cannabis products to a person less than twenty-one (21)
2065	2065	38 years of age; or
2066	2066	39 (2) either:
2067	2067	40 (A) rents property; or
2068	2068	41 (B) provides or arranges for the use of property;
2069	2069	42 for the purpose of allowing or enabling a person less than
2070	2070	2024 IN 107—LS 6267/DI 106 49
2071	2071	1 twenty-one (21) years of age to consume cannabis or cannabis
2072	2072	2 products on the property.
2073	2073	3 Sec. 5. (a) It is a Class C infraction for a person less than
2074	2074	4 twenty-one (21) years of age to enter the premises of a retailer or
2075	2075	5 other location where cannabis or cannabis products are provided.
2076	2076	6 (b) It is a Class C infraction for a parent, guardian, trustee, or
2077	2077	7 other person having custody of a child less than eighteen (18) years
2078	2078	8 of age to take that child into a retailer or other location where
2079	2079	9 cannabis or cannabis products are provided.
2080	2080	10 (c) It is a Class C infraction for a permittee to permit the parent,
2081	2081	11 guardian, trustee, or other person having custody of a child less
2082	2082	12 than eighteen (18) years of age to be with the child in a retailer or
2083	2083	13 other location where cannabis or cannabis products are provided.
2084	2084	14 Sec. 6. A person who knowingly or intentionally employs a
2085	2085	15 person less than twenty-one (21) years of age:
2086	2086	16 (1) where cannabis or cannabis products are provided; and
2087	2087	17 (2) in a capacity which requires or allows the person less than
2088	2088	18 twenty-one (21) years of age to provide or otherwise deal in
2089	2089	19 cannabis or cannabis products;
2090	2090	20 commits a Class B misdemeanor.
2091	2091	21 Sec. 7. A person who is at least twenty-one (21) years of age who
2092	2092	22 knowingly or intentionally aids, induces, or causes a person less
2093	2093	23 than twenty-one (21) years of age to unlawfully possess cannabis or
2094	2094	24 cannabis products commits a Class C infraction.
2095	2095	25 Sec. 8. (a) Notwithstanding any other law, an enforcement
2096	2096	26 officer with police powers may engage a person who is:
2097	2097	27 (1) at least eighteen (18) years of age; and
2098	2098	28 (2) less than twenty-one (21) years of age;
2099	2099	29 to receive or purchase cannabis or cannabis products as part of an
2100	2100	30 enforcement action under this article.
2101	2101	31 (b) The initial or contemporaneous receipt or purchase of
2102	2102	32 cannabis or cannabis products under this section by a person
2103	2103	33 described in subsection (a) must:
2104	2104	34 (1) occur under the direction of an enforcement officer vested
2105	2105	35 with full police powers and duties; and
2106	2106	36 (2) be a part of the enforcement action.
2107	2107	37 Chapter 20. Professional Services
2108	2108	38 Sec. 1. A person licensed under IC 25 does not commit a crime
2109	2109	39 or an infraction under Indiana law solely for providing
2110	2110	40 professional services to persons permitted to engage in an activity
2111	2111	41 authorized by this article.
2112	2112	42 Chapter 21. Employment
2113	2113	2024 IN 107—LS 6267/DI 106 50
2114	2114	1 Sec. 1. Nothing in this article prohibits an employer from
2115	2115	2 mandating drug screening for employees or from taking an adverse
2116	2116	3 employment action against an employee who tests positive for
2117	2117	4 cannabis use.
2118	2118	5 SECTION 5. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
2119	2119	6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2120	2120	7 JULY 1, 2024]: Sec. 1. (a) A person who operates a vehicle with an
2121	2121	8 alcohol concentration equivalent to at least eight-hundredths (0.08)
2122	2122	9 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
2123	2123	10 per:
2124	2124	11 (1) one hundred (100) milliliters of the person's blood; or
2125	2125	12 (2) two hundred ten (210) liters of the person's breath;
2126	2126	13 commits a Class C misdemeanor.
2127	2127	14 (b) A person who operates a vehicle with an alcohol concentration
2128	2128	15 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
2129	2129	16 (1) one hundred (100) milliliters of the person's blood; or
2130	2130	17 (2) two hundred ten (210) liters of the person's breath;
2131	2131	18 commits a Class A misdemeanor.
2132	2132	19 (c) A person who operates a vehicle with a controlled substance
2133	2133	20 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
2134	2134	21 blood commits a Class C misdemeanor.
2135	2135	22 (d) It is a defense to subsection (c) that:
2136	2136	23 (1) the accused person consumed the controlled substance in
2137	2137	24 accordance with a valid prescription or order of a practitioner (as
2138	2138	25 defined in IC 35-48-1) who acted in the course of the
2139	2139	26 practitioner's professional practice; or
2140	2140	27 (2) the:
2141	2141	28 (A) controlled substance is marijuana or a metabolite of
2142	2142	29 marijuana; and
2143	2143	30 (B) person was not intoxicated.
2144	2144	31 (C) person did not cause a traffic accident; and
2145	2145	32 (D) substance was identified by means of a chemical test taken
2146	2146	33 pursuant to IC 9-30-7.
2147	2147	34 SECTION 6. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
2148	2148	35 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2149	2149	36 JULY 1, 2024]: Sec. 4. (a) A person who causes serious bodily injury
2150	2150	37 to another person when operating a vehicle:
2151	2151	38 (1) with an alcohol concentration equivalent to at least
2152	2152	39 eight-hundredths (0.08) gram of alcohol per:
2153	2153	40 (A) one hundred (100) milliliters of the person's blood; or
2154	2154	41 (B) two hundred ten (210) liters of the person's breath;
2155	2155	42 (2) with a controlled substance listed in schedule I or II of
2156	2156	2024 IN 107—LS 6267/DI 106 51
2157	2157	1 IC 35-48-2 or its metabolite in the person's blood; or
2158	2158	2 (3) while intoxicated;
2159	2159	3 commits a Level 5 felony. However, the offense is a Level 4 felony if
2160	2160	4 the person has a previous conviction of operating while intoxicated
2161	2161	5 within the five (5) years preceding the commission of the offense.
2162	2162	6 (b) A person who violates subsection (a) commits a separate offense
2163	2163	7 for each person whose serious bodily injury is caused by the violation
2164	2164	8 of subsection (a).
2165	2165	9 (c) It is a defense under subsection (a)(2) that:
2166	2166	10 (1) the accused person consumed the controlled substance in
2167	2167	11 accordance with a valid prescription or order of a practitioner (as
2168	2168	12 defined in IC 35-48-1) who acted in the course of the
2169	2169	13 practitioner's professional practice; or
2170	2170	14 (2) the:
2171	2171	15 (A) controlled substance is marijuana or a metabolite of
2172	2172	16 marijuana; and
2173	2173	17 (B) person was not intoxicated.
2174	2174	18 SECTION 7. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
2175	2175	19 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2176	2176	20 JULY 1, 2024]: Sec. 5. (a) A person who causes the death or
2177	2177	21 catastrophic injury of another person when operating a vehicle:
2178	2178	22 (1) with an alcohol concentration equivalent to at least
2179	2179	23 eight-hundredths (0.08) gram of alcohol per:
2180	2180	24 (A) one hundred (100) milliliters of the person's blood; or
2181	2181	25 (B) two hundred ten (210) liters of the person's breath;
2182	2182	26 (2) with a controlled substance listed in schedule I or II of
2183	2183	27 IC 35-48-2 or its metabolite in the person's blood; or
2184	2184	28 (3) while intoxicated;
2185	2185	29 commits a Level 4 felony.
2186	2186	30 (b) A person who causes the death of a law enforcement animal (as
2187	2187	31 defined in IC 35-46-3-4.5) when operating a vehicle:
2188	2188	32 (1) with an alcohol concentration equivalent to at least
2189	2189	33 eight-hundredths (0.08) gram of alcohol per:
2190	2190	34 (A) one hundred (100) milliliters of the person's blood; or
2191	2191	35 (B) two hundred ten (210) liters of the person's breath; or
2192	2192	36 (2) with a controlled substance listed in schedule I or II of
2193	2193	37 IC 35-48-2 or its metabolite in the person's blood;
2194	2194	38 commits a Level 6 felony.
2195	2195	39 (c) A person who commits an offense under subsection (a) or (b)
2196	2196	40 commits a separate offense for each person or law enforcement animal
2197	2197	41 whose death (or catastrophic injury, in the case of a person) is caused
2198	2198	42 by the violation of subsection (a) or (b).
2199	2199	2024 IN 107—LS 6267/DI 106 52
2200	2200	1 (d) It is a defense under subsection (a) or (b) that the person accused
2201	2201	2 of causing the death or catastrophic injury of another person or the
2202	2202	3 death of a law enforcement animal when operating a vehicle with a
2203	2203	4 controlled substance listed in schedule I or II of IC 35-48-2 or its
2204	2204	5 metabolite in the person's blood:
2205	2205	6 (1) consumed the controlled substance in accordance with a valid
2206	2206	7 prescription or order of a practitioner (as defined in IC 35-48-1)
2207	2207	8 who acted in the course of the practitioner's professional practice;
2208	2208	9 or
2209	2209	10 (2) the:
2210	2210	11 (A) controlled substance is marijuana or a metabolite of
2211	2211	12 marijuana; and
2212	2212	13 (B) person was not intoxicated.
2213	2213	14 SECTION 8. IC 10-10.5-1-3, AS AMENDED BY P.L.122-2023,
2214	2214	15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2215	2215	16 JULY 1, 2024]: Sec. 3. "Law enforcement officer" means any of the
2216	2216	17 following:
2217	2217	18 (1) A state police officer, enforcement officer of the alcohol and
2218	2218	19 tobacco commission, enforcement officer of the cannabis
2219	2219	20 commission, or conservation officer.
2220	2220	21 (2) A county, city, town, or tribal police officer.
2221	2221	22 (3) A police officer appointed by a state educational institution
2222	2222	23 under IC 21-39-4 or school corporation under IC 20-26-16.
2223	2223	24 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
2224	2224	25 under IC 4-33-20.
2225	2225	26 (5) A hospital police officer employed by a hospital police
2226	2226	27 department established under IC 16-18-4.
2227	2227	28 SECTION 9. IC 10-13-8-5, AS AMENDED BY P.L.122-2023,
2228	2228	29 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2229	2229	30 JULY 1, 2024]: Sec. 5. As used in this chapter, "law enforcement
2230	2230	31 officer" means any of the following:
2231	2231	32 (1) A state police officer.
2232	2232	33 (2) A county sheriff.
2233	2233	34 (3) A county police officer.
2234	2234	35 (4) A correctional officer.
2235	2235	36 (5) An excise police officer, including an enforcement officer
2236	2236	37 of the cannabis commission.
2237	2237	38 (6) A county police reserve officer.
2238	2238	39 (7) A city police officer.
2239	2239	40 (8) A city police reserve officer.
2240	2240	41 (9) A conservation enforcement officer.
2241	2241	42 (10) A town marshal.
2242	2242	2024 IN 107—LS 6267/DI 106 53
2243	2243	1 (11) A deputy town marshal.
2244	2244	2 (12) A probation officer.
2245	2245	3 (13) A state educational institution police officer appointed under
2246	2246	4 IC 21-39-4.
2247	2247	5 (14) A gaming agent of the Indiana gaming commission.
2248	2248	6 (15) A person employed by a political subdivision (as defined in
2249	2249	7 IC 36-1-2-13) and appointed as a special deputy under
2250	2250	8 IC 36-8-10-10.6.
2251	2251	9 (16) A school corporation police officer appointed under
2252	2252	10 IC 20-26-16.
2253	2253	11 (17) A police officer of a public or private postsecondary
2254	2254	12 educational institution whose board of trustees has established a
2255	2255	13 police department under IC 21-17-5-2 or IC 21-39-4-2.
2256	2256	14 (18) A tribal police officer.
2257	2257	15 (19) A hospital police officer employed by a hospital police
2258	2258	16 department established under IC 16-18-4.
2259	2259	17 (20) A conservancy district marshal.
2260	2260	18 (21) A deputy conservancy district marshal.
2261	2261	19 SECTION 10. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
2262	2262	20 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2263	2263	21 JULY 1, 2024]: Sec. 3. As used in this chapter, "drug dealing offense"
2264	2264	22 means one (1) or more of the following offenses:
2265	2265	23 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
2266	2266	24 the person received only minimal consideration as a result of the
2267	2267	25 drug transaction.
2268	2268	26 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
2269	2269	27 person received only minimal consideration as a result of the drug
2270	2270	28 transaction.
2271	2271	29 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
2272	2272	30 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
2273	2273	31 only minimal consideration as a result of the drug transaction.
2274	2274	32 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
2275	2275	33 cannabinoid or mislabeled low THC hemp extract (IC
2276	2276	34 35-48-4-10) unless the person received only minimal
2277	2277	35 consideration as a result of the drug transaction.
2278	2278	36 SECTION 11. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
2279	2279	37 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2280	2280	38 JULY 1, 2024]: Sec. 14. (a) A person holding a certificate or license
2281	2281	39 issued under this article must comply with the applicable standards and
2282	2282	40 rules established under this article. A certificate holder or license
2283	2283	41 holder is subject to disciplinary sanctions under subsection (b) if the
2284	2284	42 department of homeland security determines that the certificate holder
2285	2285	2024 IN 107—LS 6267/DI 106 54
2286	2286	1 or license holder:
2287	2287	2 (1) engaged in or knowingly cooperated in fraud or material
2288	2288	3 deception in order to obtain a certificate or license, including
2289	2289	4 cheating on a certification or licensure examination;
2290	2290	5 (2) engaged in fraud or material deception in the course of
2291	2291	6 professional services or activities;
2292	2292	7 (3) advertised services or goods in a false or misleading manner;
2293	2293	8 (4) falsified or knowingly allowed another person to falsify
2294	2294	9 attendance records or certificates of completion of continuing
2295	2295	10 education courses required under this article or rules adopted
2296	2296	11 under this article;
2297	2297	12 (5) is convicted of a crime, if the act that resulted in the
2298	2298	13 conviction has a direct bearing on determining if the certificate
2299	2299	14 holder or license holder should be entrusted to provide emergency
2300	2300	15 medical services;
2301	2301	16 (6) is convicted of violating IC 9-19-14.5;
2302	2302	17 (7) fails to comply and maintain compliance with or violates any
2303	2303	18 applicable provision, standard, or other requirement of this article
2304	2304	19 or rules adopted under this article;
2305	2305	20 (8) continues to practice if the certificate holder or license holder
2306	2306	21 becomes unfit to practice due to:
2307	2307	22 (A) professional incompetence that includes the undertaking
2308	2308	23 of professional activities that the certificate holder or license
2309	2309	24 holder is not qualified by training or experience to undertake;
2310	2310	25 (B) failure to keep abreast of current professional theory or
2311	2311	26 practice;
2312	2312	27 (C) physical or mental disability; or
2313	2313	28 (D) addiction to, abuse of, or dependency on alcohol or other
2314	2314	29 drugs that endanger the public by impairing the certificate
2315	2315	30 holder's or license holder's ability to practice safely;
2316	2316	31 (9) engages in a course of lewd or immoral conduct in connection
2317	2317	32 with the delivery of services to the public;
2318	2318	33 (10) allows the certificate holder's or license holder's name or a
2319	2319	34 certificate or license issued under this article to be used in
2320	2320	35 connection with a person who renders services beyond the scope
2321	2321	36 of that person's training, experience, or competence;
2322	2322	37 (11) is subjected to disciplinary action in another state or
2323	2323	38 jurisdiction on grounds similar to those contained in this chapter.
2324	2324	39 For purposes of this subdivision, a certified copy of a record of
2325	2325	40 disciplinary action constitutes prima facie evidence of a
2326	2326	41 disciplinary action in another jurisdiction;
2327	2327	42 (12) assists another person in committing an act that would
2328	2328	2024 IN 107—LS 6267/DI 106 55
2329	2329	1 constitute a ground for disciplinary sanction under this chapter;
2330	2330	2 (13) allows a certificate or license issued by the commission to
2331	2331	3 be:
2332	2332	4 (A) used by another person; or
2333	2333	5 (B) displayed to the public when the certificate or license is
2334	2334	6 expired, inactive, invalid, revoked, or suspended; or
2335	2335	7 (14) fails to notify the department in writing of any misdemeanor
2336	2336	8 or felony criminal conviction, except traffic related misdemeanors
2337	2337	9 other than operating a motor vehicle under the influence of a drug
2338	2338	10 or alcohol, within ninety (90) days after the entry of an order or
2339	2339	11 judgment. A certified copy of the order or judgment with a letter
2340	2340	12 of explanation must be submitted to the department along with the
2341	2341	13 written notice.
2342	2342	14 (b) The department of homeland security may issue an order under
2343	2343	15 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
2344	2344	16 the department of homeland security determines that a certificate
2345	2345	17 holder or license holder is subject to disciplinary sanctions under
2346	2346	18 subsection (a):
2347	2347	19 (1) Revocation of a certificate holder's certificate or license
2348	2348	20 holder's license for a period not to exceed seven (7) years.
2349	2349	21 (2) Suspension of a certificate holder's certificate or license
2350	2350	22 holder's license for a period not to exceed seven (7) years.
2351	2351	23 (3) Censure of a certificate holder or license holder.
2352	2352	24 (4) Issuance of a letter of reprimand.
2353	2353	25 (5) Assessment of a civil penalty against the certificate holder or
2354	2354	26 license holder in accordance with the following:
2355	2355	27 (A) The civil penalty may not exceed five hundred dollars
2356	2356	28 ($500) per day per violation.
2357	2357	29 (B) If the certificate holder or license holder fails to pay the
2358	2358	30 civil penalty within the time specified by the department of
2359	2359	31 homeland security, the department of homeland security may
2360	2360	32 suspend the certificate holder's certificate or license holder's
2361	2361	33 license without additional proceedings.
2362	2362	34 (6) Placement of a certificate holder or license holder on
2363	2363	35 probation status and requirement of the certificate holder or
2364	2364	36 license holder to:
2365	2365	37 (A) report regularly to the department of homeland security
2366	2366	38 upon the matters that are the basis of probation;
2367	2367	39 (B) limit practice to those areas prescribed by the department
2368	2368	40 of homeland security;
2369	2369	41 (C) continue or renew professional education approved by the
2370	2370	42 department of homeland security until a satisfactory degree of
2371	2371	2024 IN 107—LS 6267/DI 106 56
2372	2372	1 skill has been attained in those areas that are the basis of the
2373	2373	2 probation; or
2374	2374	3 (D) perform or refrain from performing any acts, including
2375	2375	4 community restitution or service without compensation, that
2376	2376	5 the department of homeland security considers appropriate to
2377	2377	6 the public interest or to the rehabilitation or treatment of the
2378	2378	7 certificate holder or license holder.
2379	2379	8 The department of homeland security may withdraw or modify
2380	2380	9 this probation if the department of homeland security finds after
2381	2381	10 a hearing that the deficiency that required disciplinary action is
2382	2382	11 remedied or that changed circumstances warrant a modification
2383	2383	12 of the order.
2384	2384	13 (c) If an applicant or a certificate holder or license holder has
2385	2385	14 engaged in or knowingly cooperated in fraud or material deception to
2386	2386	15 obtain a certificate or license, including cheating on the certification or
2387	2387	16 licensure examination, the department of homeland security may
2388	2388	17 rescind the certificate or license if it has been granted, void the
2389	2389	18 examination or other fraudulent or deceptive material, and prohibit the
2390	2390	19 applicant from reapplying for the certificate or license for a length of
2391	2391	20 time established by the department of homeland security.
2392	2392	21 (d) The department of homeland security may deny certification or
2393	2393	22 licensure to an applicant who would be subject to disciplinary sanctions
2394	2394	23 under subsection (b) if that person were a certificate holder or license
2395	2395	24 holder, has had disciplinary action taken against the applicant or the
2396	2396	25 applicant's certificate or license to practice in another state or
2397	2397	26 jurisdiction, or has practiced without a certificate or license in violation
2398	2398	27 of the law. A certified copy of the record of disciplinary action is
2399	2399	28 conclusive evidence of the other jurisdiction's disciplinary action.
2400	2400	29 (e) The department of homeland security may order a certificate
2401	2401	30 holder or license holder to submit to a reasonable physical or mental
2402	2402	31 examination if the certificate holder's or license holder's physical or
2403	2403	32 mental capacity to practice safely and competently is at issue in a
2404	2404	33 disciplinary proceeding. Failure to comply with a department of
2405	2405	34 homeland security order to submit to a physical or mental examination
2406	2406	35 makes a certificate holder or license holder liable to temporary
2407	2407	36 suspension under subsection (i).
2408	2408	37 (f) Except as provided under subsection (a), subsection (g), and
2409	2409	38 section 14.5 of this chapter, a certificate or license may not be denied,
2410	2410	39 revoked, or suspended because the applicant, certificate holder, or
2411	2411	40 license holder has been convicted of an offense. The acts from which
2412	2412	41 the applicant's, certificate holder's, or license holder's conviction
2413	2413	42 resulted may be considered as to whether the applicant or certificate
2414	2414	2024 IN 107—LS 6267/DI 106 57
2415	2415	1 holder or license holder should be entrusted to serve the public in a
2416	2416	2 specific capacity.
2417	2417	3 (g) The department of homeland security may deny, suspend, or
2418	2418	4 revoke a certificate or license issued under this article if the individual
2419	2419	5 who holds or is applying for the certificate or license is convicted of
2420	2420	6 any of the following:
2421	2421	7 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2422	2422	8 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2423	2423	9 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2424	2424	10 (4) Fraudulently obtaining a controlled substance under
2425	2425	11 IC 35-48-4-7(c).
2426	2426	12 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2427	2427	13 committed before July 1, 2014) or Level 6 felony (for a crime
2428	2428	14 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2429	2429	15 (6) Dealing in paraphernalia as a Class D felony (for a crime
2430	2430	16 committed before July 1, 2014) or Level 6 felony (for a crime
2431	2431	17 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2432	2432	18 (7) Possession of paraphernalia as a Class D felony (for a crime
2433	2433	19 committed before July 1, 2014) or Level 6 felony (for a crime
2434	2434	20 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2435	2435	21 its amendment on July 1, 2015).
2436	2436	22 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2437	2437	23 D felony (for a crime committed before July 1, 2014) or Level 6
2438	2438	24 felony (for a crime committed after June 30, 2014) under
2439	2439	25 IC 35-48-4-11.
2440	2440	26 (9) A felony offense under IC 35-48-4 involving:
2441	2441	27 (A) possession of a synthetic drug (as defined in
2442	2442	28 IC 35-31.5-2-321);
2443	2443	29 (B) possession of a synthetic drug lookalike substance (as
2444	2444	30 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2445	2445	31 2019)) as a:
2446	2446	32 (i) Class D felony (for a crime committed before July 1,
2447	2447	33 2014); or
2448	2448	34 (ii) Level 6 felony (for a crime committed after June 30,
2449	2449	35 2014);
2450	2450	36 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
2451	2451	37 (C) possession of a controlled substance analog (as defined in
2452	2452	38 IC 35-48-1-9.3).
2453	2453	39 (10) Maintaining a common nuisance under IC 35-48-4-13
2454	2454	40 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2455	2455	41 controlled substance.
2456	2456	42 (11) An offense relating to registration, labeling, and prescription
2457	2457	2024 IN 107—LS 6267/DI 106 58
2458	2458	1 forms under IC 35-48-4-14.
2459	2459	2 (h) A decision of the department of homeland security under
2460	2460	3 subsections (b) through (g) may be appealed to the commission under
2461	2461	4 IC 4-21.5-3-7.
2462	2462	5 (i) The department of homeland security may temporarily suspend
2463	2463	6 a certificate holder's certificate or license holder's license under
2464	2464	7 IC 4-21.5-4 before a final adjudication or during the appeals process if
2465	2465	8 the department of homeland security finds that a certificate holder or
2466	2466	9 license holder would represent a clear and immediate danger to the
2467	2467	10 public's health, safety, or property if the certificate holder or license
2468	2468	11 holder were allowed to continue to practice.
2469	2469	12 (j) On receipt of a complaint or information alleging that a person
2470	2470	13 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
2471	2471	14 or is engaging in a practice that is subject to disciplinary sanctions
2472	2472	15 under this chapter, the department of homeland security must initiate
2473	2473	16 an investigation against the person.
2474	2474	17 (k) The department of homeland security shall conduct a factfinding
2475	2475	18 investigation as the department of homeland security considers proper
2476	2476	19 in relation to the complaint.
2477	2477	20 (l) The department of homeland security may reinstate a certificate
2478	2478	21 or license that has been suspended under this section if the department
2479	2479	22 of homeland security is satisfied that the applicant is able to practice
2480	2480	23 with reasonable skill, competency, and safety to the public. As a
2481	2481	24 condition of reinstatement, the department of homeland security may
2482	2482	25 impose disciplinary or corrective measures authorized under this
2483	2483	26 chapter.
2484	2484	27 (m) The department of homeland security may not reinstate a
2485	2485	28 certificate or license that has been revoked under this chapter.
2486	2486	29 (n) The department of homeland security must be consistent in the
2487	2487	30 application of sanctions authorized in this chapter. Significant
2488	2488	31 departures from prior decisions involving similar conduct must be
2489	2489	32 explained in the department of homeland security's findings or orders.
2490	2490	33 (o) A certificate holder may not surrender the certificate holder's
2491	2491	34 certificate, and a license holder may not surrender the license holder's
2492	2492	35 license, without the written approval of the department of homeland
2493	2493	36 security, and the department of homeland security may impose any
2494	2494	37 conditions appropriate to the surrender or reinstatement of a
2495	2495	38 surrendered certificate or license.
2496	2496	39 (p) For purposes of this section, "certificate holder" means a person
2497	2497	40 who holds:
2498	2498	41 (1) an unlimited certificate;
2499	2499	42 (2) a limited or probationary certificate; or
2500	2500	2024 IN 107—LS 6267/DI 106 59
2501	2501	1 (3) an inactive certificate.
2502	2502	2 (q) For purposes of this section, "license holder" means a person
2503	2503	3 who holds:
2504	2504	4 (1) an unlimited license;
2505	2505	5 (2) a limited or probationary license; or
2506	2506	6 (3) an inactive license.
2507	2507	7 SECTION 12. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
2508	2508	8 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2509	2509	9 JULY 1, 2024]: Sec. 14.5. The department of homeland security may
2510	2510	10 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
2511	2511	11 certification or licensure or permanently revoke a certificate or license
2512	2512	12 under procedures provided by section 14 of this chapter if the
2513	2513	13 individual who holds the certificate or license issued under this title is
2514	2514	14 convicted of any of the following:
2515	2515	15 (1) Dealing in a controlled substance resulting in death under
2516	2516	16 IC 35-42-1-1.5.
2517	2517	17 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2518	2518	18 IC 35-48-4-1.
2519	2519	19 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2520	2520	20 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2521	2521	21 (5) Dealing in a schedule I, II, or III controlled substance under
2522	2522	22 IC 35-48-4-2.
2523	2523	23 (6) Dealing in a schedule IV controlled substance under
2524	2524	24 IC 35-48-4-3.
2525	2525	25 (7) Dealing in a schedule V controlled substance under
2526	2526	26 IC 35-48-4-4.
2527	2527	27 (8) Dealing in a substance represented to be a controlled
2528	2528	28 substance under IC 35-48-4-4.5 (repealed).
2529	2529	29 (9) Knowingly or intentionally manufacturing, advertising,
2530	2530	30 distributing, or possessing with intent to manufacture, advertise,
2531	2531	31 or distribute a substance represented to be a controlled substance
2532	2532	32 under IC 35-48-4-4.6.
2533	2533	33 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2534	2534	34 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2535	2535	35 mislabeled low THC hemp extract as a felony under
2536	2536	36 IC 35-48-4-10.
2537	2537	37 (12) An offense under IC 35-48-4 involving the manufacture or
2538	2538	38 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2539	2539	39 synthetic drug lookalike substance (as defined in
2540	2540	40 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2541	2541	41 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2542	2542	42 substance analog (as defined in IC 35-48-1-9.3), or a substance
2543	2543	2024 IN 107—LS 6267/DI 106 60
2544	2544	1 represented to be a controlled substance (as described in
2545	2545	2 IC 35-48-4-4.6).
2546	2546	3 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
2547	2547	4 SECTION 13. IC 16-42-27-2, AS AMENDED BY P.L.36-2023,
2548	2548	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2549	2549	6 JULY 1, 2024]: Sec. 2. (a) A prescriber may, directly or by standing
2550	2550	7 order, prescribe or dispense an overdose intervention drug without
2551	2551	8 examining the individual to whom it may be administered if all of the
2552	2552	9 following conditions are met:
2553	2553	10 (1) The overdose intervention drug is dispensed or prescribed to:
2554	2554	11 (A) a person at risk of experiencing an opioid-related
2555	2555	12 overdose; or
2556	2556	13 (B) a family member, a friend, or any other individual or entity
2557	2557	14 in a position to assist an individual who, there is reason to
2558	2558	15 believe, is at risk of experiencing an opioid-related overdose.
2559	2559	16 (2) The prescriber instructs the individual receiving the overdose
2560	2560	17 intervention drug or prescription to summon emergency services
2561	2561	18 either immediately before or immediately after administering the
2562	2562	19 overdose intervention drug to an individual experiencing an
2563	2563	20 opioid-related overdose.
2564	2564	21 (3) The prescriber provides education and training on drug
2565	2565	22 overdose response and treatment, including the administration of
2566	2566	23 an overdose intervention drug.
2567	2567	24 (4) The prescriber provides drug addiction treatment information
2568	2568	25 and referrals to drug treatment programs, including programs in
2569	2569	26 the local area and programs that offer medication assisted
2570	2570	27 treatment that includes a federal Food and Drug Administration
2571	2571	28 approved long acting, nonaddictive medication for the treatment
2572	2572	29 of opioid or alcohol dependence.
2573	2573	30 (b) A prescriber may provide a prescription of an overdose
2574	2574	31 intervention drug to an individual as a part of the individual's addiction
2575	2575	32 treatment plan.
2576	2576	33 (c) An individual described in subsection (a)(1) may administer an
2577	2577	34 overdose intervention drug to an individual who is suffering from an
2578	2578	35 overdose.
2579	2579	36 (d) An individual described in subsection (a)(1) may not be
2580	2580	37 considered to be practicing medicine without a license in violation of
2581	2581	38 IC 25-22.5-8-2, if the individual, acting in good faith, does the
2582	2582	39 following:
2583	2583	40 (1) Obtains the overdose intervention drug from a prescriber or
2584	2584	41 entity acting under a standing order issued by a prescriber.
2585	2585	42 (2) Administers the overdose intervention drug to an individual
2586	2586	2024 IN 107—LS 6267/DI 106 61
2587	2587	1 who is experiencing an apparent opioid-related overdose.
2588	2588	2 (3) Attempts to summon emergency services either immediately
2589	2589	3 before or immediately after administering the overdose
2590	2590	4 intervention drug.
2591	2591	5 (e) An entity acting under a standing order issued by a prescriber
2592	2592	6 must do the following:
2593	2593	7 (1) Annually register with either the:
2594	2594	8 (A) state department; or
2595	2595	9 (B) local health department in the county where services will
2596	2596	10 be provided by the entity;
2597	2597	11 in a manner prescribed by the state department.
2598	2598	12 (2) Provide education and training on drug overdose response and
2599	2599	13 treatment, including the administration of an overdose
2600	2600	14 intervention drug.
2601	2601	15 (3) Provide drug addiction treatment information and referrals to
2602	2602	16 drug treatment programs, including programs in the local area and
2603	2603	17 programs that offer medication assisted treatment that includes a
2604	2604	18 federal Food and Drug Administration approved long acting,
2605	2605	19 nonaddictive medication for the treatment of opioid or alcohol
2606	2606	20 dependence.
2607	2607	21 (4) Submit an annual report to the state department containing:
2608	2608	22 (A) the number of sales of the overdose intervention drug
2609	2609	23 dispensed;
2610	2610	24 (B) the dates of sale of the overdose intervention drug
2611	2611	25 dispensed; and
2612	2612	26 (C) any additional information requested by the state
2613	2613	27 department.
2614	2614	28 (f) The state department shall ensure that a statewide standing order
2615	2615	29 for the dispensing of an overdose intervention drug in Indiana is issued
2616	2616	30 under this section. The state health commissioner or a designated
2617	2617	31 public health authority who is a licensed prescriber may, as part of the
2618	2618	32 individual's official capacity, issue a statewide standing order that may
2619	2619	33 be used for the dispensing of an overdose intervention drug under this
2620	2620	34 section. A statewide standing order issued under this section must
2621	2621	35 allow for choice in the:
2622	2622	36 (1) purchasing;
2623	2623	37 (2) dispensing; and
2624	2624	38 (3) distributing;
2625	2625	39 of any formulation or dosage of a naloxone product that is approved by
2626	2626	40 the federal Food and Drug Administration. The immunity provided in
2627	2627	41 IC 34-13-3-3 applies to an individual described in this subsection.
2628	2628	42 (g) A law enforcement officer may not take an individual into
2629	2629	2024 IN 107—LS 6267/DI 106 62
2630	2630	1 custody based solely on the commission of an offense described in
2631	2631	2 subsection (h), if the law enforcement officer, after making a
2632	2632	3 reasonable determination and considering the facts and surrounding
2633	2633	4 circumstances, reasonably believes that the individual:
2634	2634	5 (1) obtained the overdose intervention drug as described in
2635	2635	6 subsection (a)(1);
2636	2636	7 (2) complied with the provisions in subsection (d);
2637	2637	8 (3) administered an overdose intervention drug to an individual
2638	2638	9 who appeared to be experiencing an opioid-related overdose;
2639	2639	10 (4) provided:
2640	2640	11 (A) the individual's full name; and
2641	2641	12 (B) any other relevant information requested by the law
2642	2642	13 enforcement officer;
2643	2643	14 (5) remained at the scene with the individual who reasonably
2644	2644	15 appeared to be in need of medical assistance until emergency
2645	2645	16 medical assistance arrived;
2646	2646	17 (6) cooperated with emergency medical assistance personnel and
2647	2647	18 law enforcement officers at the scene; and
2648	2648	19 (7) came into contact with law enforcement because the
2649	2649	20 individual requested emergency medical assistance for another
2650	2650	21 individual who appeared to be experiencing an opioid-related
2651	2651	22 overdose.
2652	2652	23 (h) An individual who meets the criteria in subsection (g) is immune
2653	2653	24 from criminal prosecution for the following:
2654	2654	25 (1) IC 35-48-4-6 (possession of cocaine).
2655	2655	26 (2) IC 35-48-4-6.1 (possession of methamphetamine).
2656	2656	27 (3) IC 35-48-4-7 (possession of a controlled substance).
2657	2657	28 (4) IC 35-48-4-8.3 (possession of paraphernalia).
2658	2658	29 (5) IC 35-48-4-11 (possession of marijuana). salvia).
2659	2659	30 (6) An offense under IC 35-48-4 involving possession of a
2660	2660	31 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2661	2661	32 controlled substance analog (as defined in IC 35-48-1-9.3), or
2662	2662	33 possession of a substance represented to be a controlled substance
2663	2663	34 (as described in IC 35-48-4-4.6).
2664	2664	35 SECTION 14. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
2665	2665	36 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2666	2666	37 JULY 1, 2024]: Sec. 8. (a) This section applies when a prosecuting
2667	2667	38 attorney knows that a licensed employee of a public school or a
2668	2668	39 nonpublic school has been convicted of an offense listed in subsection
2669	2669	40 (c). The prosecuting attorney shall immediately give written notice of
2670	2670	41 the conviction to the following:
2671	2671	42 (1) The secretary of education.
2672	2672	2024 IN 107—LS 6267/DI 106 63
2673	2673	1 (2) Except as provided in subdivision (3), the superintendent of
2674	2674	2 the school corporation that employs the licensed employee or the
2675	2675	3 equivalent authority if a nonpublic school employs the licensed
2676	2676	4 employee.
2677	2677	5 (3) The presiding officer of the governing body of the school
2678	2678	6 corporation that employs the licensed employee, if the convicted
2679	2679	7 licensed employee is the superintendent of the school corporation.
2680	2680	8 (b) The superintendent of a school corporation, presiding officer of
2681	2681	9 the governing body, or equivalent authority for a nonpublic school shall
2682	2682	10 immediately notify the secretary of education when the individual
2683	2683	11 knows that a current or former licensed employee of the public school
2684	2684	12 or nonpublic school has been convicted of an offense listed in
2685	2685	13 subsection (c), or when the governing body or equivalent authority for
2686	2686	14 a nonpublic school takes any final action in relation to an employee
2687	2687	15 who engaged in any offense listed in subsection (c).
2688	2688	16 (c) Except as provided in section 8.5 of this chapter, the department
2689	2689	17 shall permanently revoke the license of a person who is known by the
2690	2690	18 department to have been convicted of any of the following:
2691	2691	19 (1) The following felonies:
2692	2692	20 (A) A sex crime under IC 35-42-4 (including criminal deviate
2693	2693	21 conduct (IC 35-42-4-2) (before its repeal)).
2694	2694	22 (B) Kidnapping (IC 35-42-3-2).
2695	2695	23 (C) Criminal confinement (IC 35-42-3-3).
2696	2696	24 (D) Incest (IC 35-46-1-3).
2697	2697	25 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
2698	2698	26 35-48-4-1).
2699	2699	27 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
2700	2700	28 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
2701	2701	29 (H) Dealing in a schedule I, II, or III controlled substance (IC
2702	2702	30 35-48-4-2).
2703	2703	31 (I) Dealing in a schedule IV controlled substance (IC
2704	2704	32 35-48-4-3).
2705	2705	33 (J) Dealing in a schedule V controlled substance (IC
2706	2706	34 35-48-4-4).
2707	2707	35 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
2708	2708	36 (L) Dealing in marijuana, hash oil, hashish, or salvia or
2709	2709	37 mislabeled low THC hemp extract as a felony (IC
2710	2710	38 35-48-4-10).
2711	2711	39 (M) An offense under IC 35-48-4 involving the manufacture
2712	2712	40 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2713	2713	41 synthetic drug lookalike substance (as defined in
2714	2714	42 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2715	2715	2024 IN 107—LS 6267/DI 106 64
2716	2716	1 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
2717	2717	2 controlled substance analog (as defined in IC 35-48-1-9.3), or
2718	2718	3 a substance represented to be a controlled substance (as
2719	2719	4 described in IC 35-48-4-4.6).
2720	2720	5 (N) Homicide (IC 35-42-1).
2721	2721	6 (O) Voluntary manslaughter (IC 35-42-1-3).
2722	2722	7 (P) Reckless homicide (IC 35-42-1-5).
2723	2723	8 (Q) Battery as any of the following:
2724	2724	9 (i) A Class A felony (for a crime committed before July 1,
2725	2725	10 2014) or a Level 2 felony (for a crime committed after June
2726	2726	11 30, 2014).
2727	2727	12 (ii) A Class B felony (for a crime committed before July 1,
2728	2728	13 2014) or a Level 3 felony (for a crime committed after June
2729	2729	14 30, 2014).
2730	2730	15 (iii) A Class C felony (for a crime committed before July 1,
2731	2731	16 2014) or a Level 5 felony (for a crime committed after June
2732	2732	17 30, 2014).
2733	2733	18 (R) Aggravated battery (IC 35-42-2-1.5).
2734	2734	19 (S) Robbery (IC 35-42-5-1).
2735	2735	20 (T) Carjacking (IC 35-42-5-2) (before its repeal).
2736	2736	21 (U) Arson as a Class A felony or Class B felony (for a crime
2737	2737	22 committed before July 1, 2014) or as a Level 2, Level 3, or
2738	2738	23 Level 4 felony (for a crime committed after June 30, 2014) (IC
2739	2739	24 35-43-1-1(a)).
2740	2740	25 (V) Burglary as a Class A felony or Class B felony (for a crime
2741	2741	26 committed before July 1, 2014) or as a Level 1, Level 2, Level
2742	2742	27 3, or Level 4 felony (for a crime committed after June 30,
2743	2743	28 2014) (IC 35-43-2-1).
2744	2744	29 (W) Human trafficking (IC 35-42-3.5).
2745	2745	30 (X) Dealing in a controlled substance resulting in death (IC
2746	2746	31 35-42-1-1.5).
2747	2747	32 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
2748	2748	33 this subsection.
2749	2749	34 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
2750	2750	35 in this subsection.
2751	2751	36 (2) Public indecency (IC 35-45-4-1) committed:
2752	2752	37 (A) after June 30, 2003; or
2753	2753	38 (B) before July 1, 2003, if the person committed the offense
2754	2754	39 by, in a public place:
2755	2755	40 (i) engaging in sexual intercourse or other sexual conduct
2756	2756	41 (as defined in IC 35-31.5-2-221.5);
2757	2757	42 (ii) appearing in a state of nudity with the intent to arouse
2758	2758	2024 IN 107—LS 6267/DI 106 65
2759	2759	1 the sexual desires of the person or another person, or being
2760	2760	2 at least eighteen (18) years of age, with the intent to be seen
2761	2761	3 by a child less than sixteen (16) years of age; or
2762	2762	4 (iii) fondling the person's genitals or the genitals of another
2763	2763	5 person.
2764	2764	6 (d) The department shall permanently revoke the license of a person
2765	2765	7 who is known by the department to have been convicted of a federal
2766	2766	8 offense or an offense in another state that is comparable to a felony or
2767	2767	9 misdemeanor listed in subsection (c).
2768	2768	10 (e) A license may be suspended by the secretary of education as
2769	2769	11 specified in IC 20-28-7.5.
2770	2770	12 (f) The department shall develop a data base of information on
2771	2771	13 school corporation employees who have been reported to the
2772	2772	14 department under this section.
2773	2773	15 (g) Upon receipt of information from the office of judicial
2774	2774	16 administration in accordance with IC 33-24-6-3 concerning persons
2775	2775	17 convicted of an offense listed in subsection (c), the department shall:
2776	2776	18 (1) cross check the information received from the office of
2777	2777	19 judicial administration with information concerning licensed
2778	2778	20 teachers (as defined in IC 20-18-2-22(b)) maintained by the
2779	2779	21 department; and
2780	2780	22 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
2781	2781	23 convicted of an offense described in subsection (c), revoke the
2782	2782	24 licensed teacher's license.
2783	2783	25 SECTION 15. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
2784	2784	26 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2785	2785	27 JULY 1, 2024]: Sec. 16. (a) A practitioner shall comply with the
2786	2786	28 standards established under this licensing program. A practitioner is
2787	2787	29 subject to the exercise of the disciplinary sanctions under subsection
2788	2788	30 (b) if the department finds that a practitioner has:
2789	2789	31 (1) engaged in or knowingly cooperated in fraud or material
2790	2790	32 deception in order to obtain a license to practice, including
2791	2791	33 cheating on a licensing examination;
2792	2792	34 (2) engaged in fraud or material deception in the course of
2793	2793	35 professional services or activities;
2794	2794	36 (3) advertised services or goods in a false or misleading manner;
2795	2795	37 (4) falsified or knowingly allowed another person to falsify
2796	2796	38 attendance records or certificates of completion of continuing
2797	2797	39 education courses provided under this chapter;
2798	2798	40 (5) been convicted of a crime that has a direct bearing on the
2799	2799	41 practitioner's ability to continue to practice competently;
2800	2800	42 (6) knowingly violated a state statute or rule or federal statute or
2801	2801	2024 IN 107—LS 6267/DI 106 66
2802	2802	1 regulation regulating the profession for which the practitioner is
2803	2803	2 licensed;
2804	2804	3 (7) continued to practice although the practitioner has become
2805	2805	4 unfit to practice due to:
2806	2806	5 (A) professional incompetence;
2807	2807	6 (B) failure to keep abreast of current professional theory or
2808	2808	7 practice;
2809	2809	8 (C) physical or mental disability; or
2810	2810	9 (D) addiction to, abuse of, or severe dependency on alcohol or
2811	2811	10 other drugs that endanger the public by impairing a
2812	2812	11 practitioner's ability to practice safely;
2813	2813	12 (8) engaged in a course of lewd or immoral conduct in connection
2814	2814	13 with the delivery of services to the public;
2815	2815	14 (9) allowed the practitioner's name or a license issued under this
2816	2816	15 chapter to be used in connection with an individual or business
2817	2817	16 who renders services beyond the scope of that individual's or
2818	2818	17 business's training, experience, or competence;
2819	2819	18 (10) had disciplinary action taken against the practitioner or the
2820	2820	19 practitioner's license to practice in another state or jurisdiction on
2821	2821	20 grounds similar to those under this chapter;
2822	2822	21 (11) assisted another person in committing an act that would
2823	2823	22 constitute a ground for disciplinary sanction under this chapter;
2824	2824	23 or
2825	2825	24 (12) allowed a license issued by the department to be:
2826	2826	25 (A) used by another person; or
2827	2827	26 (B) displayed to the public when the license has expired, is
2828	2828	27 inactive, is invalid, or has been revoked or suspended.
2829	2829	28 For purposes of subdivision (10), a certified copy of a record of
2830	2830	29 disciplinary action constitutes prima facie evidence of a disciplinary
2831	2831	30 action in another jurisdiction.
2832	2832	31 (b) The department may impose one (1) or more of the following
2833	2833	32 sanctions if the department finds that a practitioner is subject to
2834	2834	33 disciplinary sanctions under subsection (a):
2835	2835	34 (1) Permanent revocation of a practitioner's license.
2836	2836	35 (2) Suspension of a practitioner's license.
2837	2837	36 (3) Censure of a practitioner.
2838	2838	37 (4) Issuance of a letter of reprimand.
2839	2839	38 (5) Assessment of a civil penalty against the practitioner in
2840	2840	39 accordance with the following:
2841	2841	40 (A) The civil penalty may not be more than one thousand
2842	2842	41 dollars ($1,000) for each violation listed in subsection (a),
2843	2843	42 except for a finding of incompetency due to a physical or
2844	2844	2024 IN 107—LS 6267/DI 106 67
2845	2845	1 mental disability.
2846	2846	2 (B) When imposing a civil penalty, the department shall
2847	2847	3 consider a practitioner's ability to pay the amount assessed. If
2848	2848	4 the practitioner fails to pay the civil penalty within the time
2849	2849	5 specified by the department, the department may suspend the
2850	2850	6 practitioner's license without additional proceedings. However,
2851	2851	7 a suspension may not be imposed if the sole basis for the
2852	2852	8 suspension is the practitioner's inability to pay a civil penalty.
2853	2853	9 (6) Placement of a practitioner on probation status and
2854	2854	10 requirement of the practitioner to:
2855	2855	11 (A) report regularly to the department upon the matters that
2856	2856	12 are the basis of probation;
2857	2857	13 (B) limit practice to those areas prescribed by the department;
2858	2858	14 (C) continue or renew professional education approved by the
2859	2859	15 department until a satisfactory degree of skill has been attained
2860	2860	16 in those areas that are the basis of the probation; or
2861	2861	17 (D) perform or refrain from performing any acts, including
2862	2862	18 community restitution or service without compensation, that
2863	2863	19 the department considers appropriate to the public interest or
2864	2864	20 to the rehabilitation or treatment of the practitioner.
2865	2865	21 The department may withdraw or modify this probation if the
2866	2866	22 department finds after a hearing that the deficiency that required
2867	2867	23 disciplinary action has been remedied or that changed
2868	2868	24 circumstances warrant a modification of the order.
2869	2869	25 (c) If an applicant or a practitioner has engaged in or knowingly
2870	2870	26 cooperated in fraud or material deception to obtain a license to
2871	2871	27 practice, including cheating on the licensing examination, the
2872	2872	28 department may rescind the license if it has been granted, void the
2873	2873	29 examination or other fraudulent or deceptive material, and prohibit the
2874	2874	30 applicant from reapplying for the license for a length of time
2875	2875	31 established by the department.
2876	2876	32 (d) The department may deny licensure to an applicant who has had
2877	2877	33 disciplinary action taken against the applicant or the applicant's license
2878	2878	34 to practice in another state or jurisdiction or who has practiced without
2879	2879	35 a license in violation of the law. A certified copy of the record of
2880	2880	36 disciplinary action is conclusive evidence of the other jurisdiction's
2881	2881	37 disciplinary action.
2882	2882	38 (e) The department may order a practitioner to submit to a
2883	2883	39 reasonable physical or mental examination if the practitioner's physical
2884	2884	40 or mental capacity to practice safely and competently is at issue in a
2885	2885	41 disciplinary proceeding. Failure to comply with a department order to
2886	2886	42 submit to a physical or mental examination makes a practitioner liable
2887	2887	2024 IN 107—LS 6267/DI 106 68
2888	2888	1 to temporary suspension under subsection (j).
2889	2889	2 (f) Except as provided under subsection (g) or (h), a license may not
2890	2890	3 be denied, revoked, or suspended because the applicant or holder has
2891	2891	4 been convicted of an offense. The acts from which the applicant's or
2892	2892	5 holder's conviction resulted may, however, be considered as to whether
2893	2893	6 the applicant or holder should be entrusted to serve the public in a
2894	2894	7 specific capacity.
2895	2895	8 (g) The department may deny, suspend, or revoke a license issued
2896	2896	9 under this chapter if the individual who holds the license is convicted
2897	2897	10 of any of the following:
2898	2898	11 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2899	2899	12 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2900	2900	13 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2901	2901	14 (4) Fraudulently obtaining a controlled substance under
2902	2902	15 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
2903	2903	16 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
2904	2904	17 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2905	2905	18 committed before July 1, 2014) or a Level 6 felony (for a crime
2906	2906	19 committed after June 30, 2014) under IC 35-48-4-8.1(b).
2907	2907	20 (6) Dealing in paraphernalia as a Class D felony (for a crime
2908	2908	21 committed before July 1, 2014) or a Level 6 felony (for a crime
2909	2909	22 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2910	2910	23 (7) Possession of paraphernalia as a Class D felony (for a crime
2911	2911	24 committed before July 1, 2014) or a Level 6 felony (for a crime
2912	2912	25 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
2913	2913	26 its amendment on July 1, 2015).
2914	2914	27 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2915	2915	28 D felony (for a crime committed before July 1, 2014) or a Level
2916	2916	29 6 felony (for a crime committed after June 30, 2014) under
2917	2917	30 IC 35-48-4-11.
2918	2918	31 (9) A felony offense under IC 35-48-4 involving possession of a
2919	2919	32 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
2920	2920	33 controlled substance analog (as defined in IC 35-48-1-9.3), or
2921	2921	34 possession of a synthetic drug lookalike substance (as defined in
2922	2922	35 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
2923	2923	36 (A) Class D felony for a crime committed before July 1, 2014;
2924	2924	37 or
2925	2925	38 (B) Level 6 felony for a crime committed after June 30, 2014;
2926	2926	39 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
2927	2927	40 (10) Maintaining a common nuisance under IC 35-48-4-13
2928	2928	41 (repealed) or IC 35-45-1-5, if the common nuisance involves a
2929	2929	42 controlled substance.
2930	2930	2024 IN 107—LS 6267/DI 106 69
2931	2931	1 (11) An offense relating to registration, labeling, and prescription
2932	2932	2 forms under IC 35-48-4-14.
2933	2933	3 (h) The department shall deny, revoke, or suspend a license issued
2934	2934	4 under this chapter if the individual who holds the license is convicted
2935	2935	5 of any of the following:
2936	2936	6 (1) Dealing in a controlled substance resulting in death under
2937	2937	7 IC 35-42-1-1.5.
2938	2938	8 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
2939	2939	9 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2940	2940	10 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2941	2941	11 (5) Dealing in a schedule I, II, or III controlled substance under
2942	2942	12 IC 35-48-4-2.
2943	2943	13 (6) Dealing in a schedule IV controlled substance under
2944	2944	14 IC 35-48-4-3.
2945	2945	15 (7) Dealing in a schedule V controlled substance under
2946	2946	16 IC 35-48-4-4.
2947	2947	17 (8) Dealing in a substance represented to be a controlled
2948	2948	18 substance under IC 35-48-4-4.5 (repealed).
2949	2949	19 (9) Knowingly or intentionally manufacturing, advertising,
2950	2950	20 distributing, or possessing with intent to manufacture, advertise,
2951	2951	21 or distribute a substance represented to be a controlled substance
2952	2952	22 under IC 35-48-4-4.6.
2953	2953	23 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2954	2954	24 (11) Dealing in marijuana, hash oil, hashish, or salvia or
2955	2955	25 mislabeled low THC hemp extract as a felony under
2956	2956	26 IC 35-48-4-10.
2957	2957	27 (12) An offense under IC 35-48-4 involving the manufacture or
2958	2958	28 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2959	2959	29 synthetic drug lookalike substance (as defined in
2960	2960	30 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2961	2961	31 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2962	2962	32 substance analog (as defined in IC 35-48-1-9.3), or a substance
2963	2963	33 represented to be a controlled substance (as described in
2964	2964	34 IC 35-48-4-4.6).
2965	2965	35 (13) A violation of any federal or state drug law or rule related to
2966	2966	36 wholesale legend drug distributors licensed under IC 25-26-14.
2967	2967	37 (i) A decision of the department under subsections (b) through (h)
2968	2968	38 may be appealed to the commission under IC 4-21.5-3-7.
2969	2969	39 (j) The department may temporarily suspend a practitioner's license
2970	2970	40 under IC 4-21.5-4 before a final adjudication or during the appeals
2971	2971	41 process if the department finds that a practitioner represents a clear and
2972	2972	42 immediate danger to the public's health, safety, or property if the
2973	2973	2024 IN 107—LS 6267/DI 106 70
2974	2974	1 practitioner is allowed to continue to practice.
2975	2975	2 (k) On receipt of a complaint or an information alleging that a
2976	2976	3 person licensed under this chapter has engaged in or is engaging in a
2977	2977	4 practice that jeopardizes the public health, safety, or welfare, the
2978	2978	5 department shall initiate an investigation against the person.
2979	2979	6 (l) Any complaint filed with the office of the attorney general
2980	2980	7 alleging a violation of this licensing program shall be referred to the
2981	2981	8 department for summary review and for its general information and any
2982	2982	9 authorized action at the time of the filing.
2983	2983	10 (m) The department shall conduct a fact finding investigation as the
2984	2984	11 department considers proper in relation to the complaint.
2985	2985	12 (n) The department may reinstate a license that has been suspended
2986	2986	13 under this section if, after a hearing, the department is satisfied that the
2987	2987	14 applicant is able to practice with reasonable skill, safety, and
2988	2988	15 competency to the public. As a condition of reinstatement, the
2989	2989	16 department may impose disciplinary or corrective measures authorized
2990	2990	17 under this chapter.
2991	2991	18 (o) The department may not reinstate a license that has been
2992	2992	19 revoked under this chapter. An individual whose license has been
2993	2993	20 revoked under this chapter may not apply for a new license until seven
2994	2994	21 (7) years after the date of revocation.
2995	2995	22 (p) The department shall seek to achieve consistency in the
2996	2996	23 application of sanctions authorized in this chapter. Significant
2997	2997	24 departures from prior decisions involving similar conduct must be
2998	2998	25 explained in the department's findings or orders.
2999	2999	26 (q) A practitioner may petition the department to accept the
3000	3000	27 surrender of the practitioner's license instead of having a hearing before
3001	3001	28 the commission. The practitioner may not surrender the practitioner's
3002	3002	29 license without the written approval of the department, and the
3003	3003	30 department may impose any conditions appropriate to the surrender or
3004	3004	31 reinstatement of a surrendered license.
3005	3005	32 (r) A practitioner who has been subjected to disciplinary sanctions
3006	3006	33 may be required by the commission to pay the costs of the proceeding.
3007	3007	34 The practitioner's ability to pay shall be considered when costs are
3008	3008	35 assessed. If the practitioner fails to pay the costs, a suspension may not
3009	3009	36 be imposed solely upon the practitioner's inability to pay the amount
3010	3010	37 assessed. The costs are limited to costs for the following:
3011	3011	38 (1) Court reporters.
3012	3012	39 (2) Transcripts.
3013	3013	40 (3) Certification of documents.
3014	3014	41 (4) Photo duplication.
3015	3015	42 (5) Witness attendance and mileage fees.
3016	3016	2024 IN 107—LS 6267/DI 106 71
3017	3017	1 (6) Postage.
3018	3018	2 (7) Expert witnesses.
3019	3019	3 (8) Depositions.
3020	3020	4 (9) Notarizations.
3021	3021	5 SECTION 16. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
3022	3022	6 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3023	3023	7 JULY 1, 2024]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
3024	3024	8 commission, or a committee may suspend, deny, or revoke a license or
3025	3025	9 certificate issued under this title by the board, the commission, or the
3026	3026	10 committee without an investigation by the office of the attorney general
3027	3027	11 if the individual who holds the license or certificate is convicted of any
3028	3028	12 of the following and the board, commission, or committee determines,
3029	3029	13 after the individual has appeared in person, that the offense affects the
3030	3030	14 individual's ability to perform the duties of the profession:
3031	3031	15 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
3032	3032	16 (2) Possession of methamphetamine under IC 35-48-4-6.1.
3033	3033	17 (3) Possession of a controlled substance under IC 35-48-4-7(a).
3034	3034	18 (4) Fraudulently obtaining a controlled substance under
3035	3035	19 IC 35-48-4-7(c).
3036	3036	20 (5) Manufacture of paraphernalia as a Class D felony (for a crime
3037	3037	21 committed before July 1, 2014) or a Level 6 felony (for a crime
3038	3038	22 committed after June 30, 2014) under IC 35-48-4-8.1(b).
3039	3039	23 (6) Dealing in paraphernalia as a Class D felony (for a crime
3040	3040	24 committed before July 1, 2014) or a Level 6 felony (for a crime
3041	3041	25 committed after June 30, 2014) under IC 35-48-4-8.5(b).
3042	3042	26 (7) Possession of paraphernalia as a Class D felony (for a crime
3043	3043	27 committed before July 1, 2014) or a Level 6 felony (for a crime
3044	3044	28 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
3045	3045	29 its amendment on July 1, 2015).
3046	3046	30 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
3047	3047	31 D felony (for a crime committed before July 1, 2014) or a Level
3048	3048	32 6 felony (for a crime committed after June 30, 2014) under
3049	3049	33 IC 35-48-4-11.
3050	3050	34 (9) A felony offense under IC 35-48-4 involving possession of a
3051	3051	35 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
3052	3052	36 controlled substance analog (as defined in IC 35-48-1-9.3), or
3053	3053	37 possession of a synthetic drug lookalike substance (as defined in
3054	3054	38 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
3055	3055	39 (A) Class D felony for a crime committed before July 1, 2014;
3056	3056	40 or
3057	3057	41 (B) Level 6 felony for a crime committed after June 30, 2014;
3058	3058	42 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
3059	3059	2024 IN 107—LS 6267/DI 106 72
3060	3060	1 (10) Maintaining a common nuisance under IC 35-48-4-13
3061	3061	2 (repealed) or IC 35-45-1-5, if the common nuisance involves a
3062	3062	3 controlled substance.
3063	3063	4 (11) An offense relating to registration, labeling, and prescription
3064	3064	5 forms under IC 35-48-4-14.
3065	3065	6 (12) A sex crime under IC 35-42-4.
3066	3066	7 (13) A felony that reflects adversely on the individual's fitness to
3067	3067	8 hold a professional license.
3068	3068	9 SECTION 17. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
3069	3069	10 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3070	3070	11 JULY 1, 2024]: Sec. 3. A board, a commission, or a committee shall
3071	3071	12 revoke or suspend a license or certificate issued under this title by the
3072	3072	13 board, the commission, or the committee if the individual who holds
3073	3073	14 the license or certificate is convicted of any of the following:
3074	3074	15 (1) Dealing in a controlled substance resulting in death under
3075	3075	16 IC 35-42-1-1.5.
3076	3076	17 (2) Dealing in or manufacturing cocaine or a narcotic drug under
3077	3077	18 IC 35-48-4-1.
3078	3078	19 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
3079	3079	20 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
3080	3080	21 (5) Dealing in a schedule I, II, or III controlled substance under
3081	3081	22 IC 35-48-4-2.
3082	3082	23 (6) Dealing in a schedule IV controlled substance under
3083	3083	24 IC 35-48-4-3.
3084	3084	25 (7) Dealing in a schedule V controlled substance under
3085	3085	26 IC 35-48-4-4.
3086	3086	27 (8) Dealing in a substance represented to be a controlled
3087	3087	28 substance under IC 35-48-4-4.5 (before its repeal on July 1,
3088	3088	29 2019).
3089	3089	30 (9) Knowingly or intentionally manufacturing, advertising,
3090	3090	31 distributing, or possessing with intent to manufacture, advertise,
3091	3091	32 or distribute a substance represented to be a controlled substance
3092	3092	33 under IC 35-48-4-4.6.
3093	3093	34 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
3094	3094	35 (11) Dealing in marijuana, hash oil, hashish, or salvia or
3095	3095	36 mislabeled low THC hemp extract as a felony under
3096	3096	37 IC 35-48-4-10.
3097	3097	38 (12) An offense under IC 35-48-4 involving the manufacture or
3098	3098	39 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
3099	3099	40 synthetic drug lookalike substance (as defined in
3100	3100	41 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3101	3101	42 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
3102	3102	2024 IN 107—LS 6267/DI 106 73
3103	3103	1 substance analog (as defined in IC 35-48-1-9.3), or a substance
3104	3104	2 represented to be a controlled substance (as described in
3105	3105	3 IC 35-48-4-4.6).
3106	3106	4 (13) A violation of any federal or state drug law or rule related to
3107	3107	5 wholesale legend drug distributors licensed under IC 25-26-14.
3108	3108	6 SECTION 18. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
3109	3109	7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3110	3110	8 JULY 1, 2024]: Sec. 1. (a) The following may be seized:
3111	3111	9 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
3112	3112	10 or are intended for use by the person or persons in possession of
3113	3113	11 them to transport or in any manner to facilitate the transportation
3114	3114	12 of the following:
3115	3115	13 (A) A controlled substance for the purpose of committing,
3116	3116	14 attempting to commit, or conspiring to commit any of the
3117	3117	15 following:
3118	3118	16 (i) Dealing in or manufacturing cocaine or a narcotic drug
3119	3119	17 (IC 35-48-4-1).
3120	3120	18 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
3121	3121	19 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
3122	3122	20 (iv) Dealing in a schedule I, II, or III controlled substance
3123	3123	21 (IC 35-48-4-2).
3124	3124	22 (v) Dealing in a schedule IV controlled substance (IC
3125	3125	23 35-48-4-3).
3126	3126	24 (vi) Dealing in a schedule V controlled substance (IC
3127	3127	25 35-48-4-4).
3128	3128	26 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
3129	3129	27 (viii) Possession of cocaine or a narcotic drug (IC
3130	3130	28 35-48-4-6).
3131	3131	29 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
3132	3132	30 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
3133	3133	31 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
3134	3134	32 mislabeled low THC hemp extract (IC 35-48-4-10).
3135	3135	33 (xii) An offense under IC 35-48-4 involving a synthetic drug
3136	3136	34 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
3137	3137	35 substance (as defined in IC 35-31.5-2-321.5 (before its
3138	3138	36 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
3139	3139	37 repeal on July 1, 2019), a controlled substance analog (as
3140	3140	38 defined in IC 35-48-1-9.3), or a substance represented to be
3141	3141	39 a controlled substance (as described in IC 35-48-4-4.6).
3142	3142	40 (xiii) A violation of IC 7.1-8.
3143	3143	41 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
3144	3144	42 property (IC 35-43-4-3) if the retail or repurchase value of that
3145	3145	2024 IN 107—LS 6267/DI 106 74
3146	3146	1 property is one hundred dollars ($100) or more.
3147	3147	2 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
3148	3148	3 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
3149	3149	4 mass destruction (as defined in IC 35-31.5-2-354) used to
3150	3150	5 commit, used in an attempt to commit, or used in a conspiracy
3151	3151	6 to commit a felony terrorist offense (as defined in
3152	3152	7 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
3153	3153	8 furtherance of an act of terrorism (as defined by
3154	3154	9 IC 35-31.5-2-329).
3155	3155	10 (2) All money, negotiable instruments, securities, weapons,
3156	3156	11 communications devices, or any property used to commit, used in
3157	3157	12 an attempt to commit, or used in a conspiracy to commit a felony
3158	3158	13 terrorist offense (as defined in IC 35-50-2-18) or an offense under
3159	3159	14 IC 35-47 as part of or in furtherance of an act of terrorism or
3160	3160	15 commonly used as consideration for a violation of IC 35-48-4
3161	3161	16 (other than items subject to forfeiture under IC 16-42-20-5 or
3162	3162	17 IC 16-6-8.5-5.1, before its repeal):
3163	3163	18 (A) furnished or intended to be furnished by any person in
3164	3164	19 exchange for an act that is in violation of a criminal statute;
3165	3165	20 (B) used to facilitate any violation of a criminal statute; or
3166	3166	21 (C) traceable as proceeds of the violation of a criminal statute.
3167	3167	22 (3) Any portion of real or personal property purchased with
3168	3168	23 money that is traceable as a proceed of a violation of a criminal
3169	3169	24 statute.
3170	3170	25 (4) A vehicle that is used by a person to:
3171	3171	26 (A) commit, attempt to commit, or conspire to commit;
3172	3172	27 (B) facilitate the commission of; or
3173	3173	28 (C) escape from the commission of;
3174	3174	29 murder (IC 35-42-1-1), dealing in a controlled substance resulting
3175	3175	30 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
3176	3176	31 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
3177	3177	32 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
3178	3178	33 under IC 35-47 as part of or in furtherance of an act of terrorism.
3179	3179	34 (5) Real property owned by a person who uses it to commit any of
3180	3180	35 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
3181	3181	36 felony:
3182	3182	37 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
3183	3183	38 35-48-4-1).
3184	3184	39 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
3185	3185	40 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
3186	3186	41 (D) Dealing in a schedule I, II, or III controlled substance (IC
3187	3187	42 35-48-4-2).
3188	3188	2024 IN 107—LS 6267/DI 106 75
3189	3189	1 (E) Dealing in a schedule IV controlled substance (IC
3190	3190	2 35-48-4-3).
3191	3191	3 (F) Dealing in marijuana, hash oil, hashish, or salvia or
3192	3192	4 mislabeled low THC hemp extract (IC 35-48-4-10).
3193	3193	5 (G) Dealing in a synthetic drug (as defined in
3194	3194	6 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
3195	3195	7 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
3196	3196	8 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
3197	3197	9 2019).
3198	3198	10 (H) Dealing in a controlled substance resulting in death (IC
3199	3199	11 35-42-1-1.5).
3200	3200	12 (6) Equipment and recordings used by a person to commit fraud
3201	3201	13 under IC 35-43-5.
3202	3202	14 (7) Recordings sold, rented, transported, or possessed by a person
3203	3203	15 in violation of IC 24-4-10.
3204	3204	16 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
3205	3205	17 defined by IC 35-45-6-1) that is the object of a corrupt business
3206	3206	18 influence violation (IC 35-45-6-2).
3207	3207	19 (9) Unlawful telecommunications devices (as defined in
3208	3208	20 IC 35-45-13-6) and plans, instructions, or publications used to
3209	3209	21 commit an offense under IC 35-45-13.
3210	3210	22 (10) Any equipment, including computer equipment and cellular
3211	3211	23 telephones, used for or intended for use in preparing,
3212	3212	24 photographing, recording, videotaping, digitizing, printing,
3213	3213	25 copying, or disseminating matter in violation of IC 35-42-4.
3214	3214	26 (11) Destructive devices used, possessed, transported, or sold in
3215	3215	27 violation of IC 35-47.5.
3216	3216	28 (12) Tobacco products that are sold in violation of IC 24-3-5,
3217	3217	29 tobacco products that a person attempts to sell in violation of
3218	3218	30 IC 24-3-5, and other personal property owned and used by a
3219	3219	31 person to facilitate a violation of IC 24-3-5.
3220	3220	32 (13) Property used by a person to commit counterfeiting or
3221	3221	33 forgery in violation of IC 35-43-5-2.
3222	3222	34 (14) After December 31, 2005, if a person is convicted of an
3223	3223	35 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
3224	3224	36 following real or personal property:
3225	3225	37 (A) Property used or intended to be used to commit, facilitate,
3226	3226	38 or promote the commission of the offense.
3227	3227	39 (B) Property constituting, derived from, or traceable to the
3228	3228	40 gross proceeds that the person obtained directly or indirectly
3229	3229	41 as a result of the offense.
3230	3230	42 (15) Except as provided in subsection (e), a vehicle used by a
3231	3231	2024 IN 107—LS 6267/DI 106 76
3232	3232	1 person who operates the vehicle:
3233	3233	2 (A) while intoxicated, in violation of IC 9-30-5-1 through
3234	3234	3 IC 9-30-5-5, if in the previous five (5) years the person has two
3235	3235	4 (2) or more prior unrelated convictions for operating a motor
3236	3236	5 vehicle while intoxicated in violation of IC 9-30-5-1 through
3237	3237	6 IC 9-30-5-5; or
3238	3238	7 (B) on a highway while the person's driving privileges are
3239	3239	8 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
3240	3240	9 if in the previous five (5) years the person has two (2) or more
3241	3241	10 prior unrelated convictions for operating a vehicle while
3242	3242	11 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
3243	3243	12 If a court orders the seizure of a vehicle under this subdivision,
3244	3244	13 the court shall transmit an order to the bureau of motor vehicles
3245	3245	14 recommending that the bureau not permit a vehicle to be
3246	3246	15 registered in the name of the person whose vehicle was seized
3247	3247	16 until the person possesses a current driving license (as defined in
3248	3248	17 IC 9-13-2-41).
3249	3249	18 (16) Cannabis and cannabis products grown, processed, sold,
3250	3250	19 or offered for sale in violation of IC 7.1-8.
3251	3251	20 (16) (17) The following real or personal property:
3252	3252	21 (A) Property used or intended to be used to commit, facilitate,
3253	3253	22 or promote the commission of an offense specified in
3254	3254	23 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
3255	3255	24 IC 30-2-13-38(f).
3256	3256	25 (B) Property constituting, derived from, or traceable to the
3257	3257	26 gross proceeds that a person obtains directly or indirectly as a
3258	3258	27 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
3259	3259	28 IC 30-2-10-9(b), or IC 30-2-13-38(f).
3260	3260	29 (17) (18) Real or personal property, including a vehicle, that is
3261	3261	30 used by a person to:
3262	3262	31 (A) commit, attempt to commit, or conspire to commit;
3263	3263	32 (B) facilitate the commission of; or
3264	3264	33 (C) escape from the commission of;
3265	3265	34 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
3266	3266	35 trafficking) or IC 35-45-4-4 (promoting prostitution).
3267	3267	36 (b) A vehicle used by any person as a common or contract carrier in
3268	3268	37 the transaction of business as a common or contract carrier is not
3269	3269	38 subject to seizure under this section, unless it can be proven by a
3270	3270	39 preponderance of the evidence that the owner of the vehicle knowingly
3271	3271	40 permitted the vehicle to be used to engage in conduct that subjects it to
3272	3272	41 seizure under subsection (a).
3273	3273	42 (c) Equipment under subsection (a)(10) may not be seized unless it
3274	3274	2024 IN 107—LS 6267/DI 106 77
3275	3275	1 can be proven by a preponderance of the evidence that the owner of the
3276	3276	2 equipment knowingly permitted the equipment to be used to engage in
3277	3277	3 conduct that subjects it to seizure under subsection (a)(10).
3278	3278	4 (d) Money, negotiable instruments, securities, weapons,
3279	3279	5 communications devices, or any property commonly used as
3280	3280	6 consideration for a violation of IC 35-48-4 found near or on a person
3281	3281	7 who is committing, attempting to commit, or conspiring to commit any
3282	3282	8 of the following offenses shall be admitted into evidence in an action
3283	3283	9 under this chapter as prima facie evidence that the money, negotiable
3284	3284	10 instrument, security, or other thing of value is property that has been
3285	3285	11 used or was to have been used to facilitate the violation of a criminal
3286	3286	12 statute or is the proceeds of the violation of a criminal statute:
3287	3287	13 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
3288	3288	14 death).
3289	3289	15 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
3290	3290	16 narcotic drug).
3291	3291	17 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
3292	3292	18 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
3293	3293	19 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
3294	3294	20 substance).
3295	3295	21 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
3296	3296	22 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
3297	3297	23 as a Level 4 felony.
3298	3298	24 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
3299	3299	25 Level 3, Level 4, or Level 5 felony.
3300	3300	26 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
3301	3301	27 3, Level 4, or Level 5 felony.
3302	3302	28 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
3303	3303	29 salvia or mislabeled low THC hemp extract) as a Level 5
3304	3304	30 felony.
3305	3305	31 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
3306	3306	32 in a synthetic drug or synthetic drug lookalike substance) as a
3307	3307	33 Level 5 felony or Level 6 felony (or as a Class C felony or Class
3308	3308	34 D felony under IC 35-48-4-10 before its amendment in 2013).
3309	3309	35 (e) A vehicle operated by a person who is not:
3310	3310	36 (1) an owner of the vehicle; or
3311	3311	37 (2) the spouse of the person who owns the vehicle;
3312	3312	38 is not subject to seizure under subsection (a)(15) unless it can be
3313	3313	39 proven by a preponderance of the evidence that the owner of the
3314	3314	40 vehicle knowingly permitted the vehicle to be used to engage in
3315	3315	41 conduct that subjects it to seizure under subsection (a)(15).
3316	3316	42 SECTION 19. IC 34-30-2.1-73.5 IS ADDED TO THE INDIANA
3317	3317	2024 IN 107—LS 6267/DI 106 78
3318	3318	1 CODE AS A NEW SECTION TO READ AS FOLLOWS
3319	3319	2 [EFFECTIVE JULY 1, 2024]: Sec. 73.5. IC 7.1-8-7-16 (Concerning
3320	3320	3 acts and omissions of the members of the cannabis commission and
3321	3321	4 their officers and employees).
3322	3322	5 SECTION 20. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
3323	3323	6 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3324	3324	7 JULY 1, 2024]: Sec. 185. (a) "Law enforcement officer" means:
3325	3325	8 (1) a police officer (including a tribal police officer, a correctional
3326	3326	9 police officer, and a hospital police officer employed by a hospital
3327	3327	10 police department established under IC 16-18-4), sheriff,
3328	3328	11 constable, marshal, prosecuting attorney, special prosecuting
3329	3329	12 attorney, special deputy prosecuting attorney, the securities
3330	3330	13 commissioner, or the inspector general;
3331	3331	14 (2) a deputy of any of those persons;
3332	3332	15 (3) an investigator for a prosecuting attorney or for the inspector
3333	3333	16 general;
3334	3334	17 (4) a conservation officer;
3335	3335	18 (5) an enforcement officer of the alcohol and tobacco commission
3336	3336	19 or of the cannabis commission;
3337	3337	20 (6) an enforcement officer of the securities division of the office
3338	3338	21 of the secretary of state; or
3339	3339	22 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
3340	3340	23 control officer employed by the gaming control division under
3341	3341	24 IC 4-33-20.
3342	3342	25 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
3343	3343	26 includes an alcoholic beverage enforcement officer, as set forth in
3344	3344	27 IC 35-42-2-1.
3345	3345	28 (c) "Law enforcement officer", for purposes of IC 35-45-15,
3346	3346	29 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
3347	3347	30 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
3348	3348	31 IC 35-44.1-3-2, includes a school resource officer (as defined in
3349	3349	32 IC 20-26-18.2-1) and a school corporation police officer appointed
3350	3350	33 under IC 20-26-16.
3351	3351	34 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
3352	3352	35 meaning set forth in IC 35-40.5-1-1.
3353	3353	36 SECTION 21. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
3354	3354	37 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3355	3355	38 JULY 1, 2024]: Sec. 1. (a) The definitions in this section apply
3356	3356	39 throughout this chapter.
3357	3357	40 (b) "Documentary material" means any document, drawing,
3358	3358	41 photograph, recording, or other tangible item containing compiled data
3359	3359	42 from which information can be either obtained or translated into a
3360	3360	2024 IN 107—LS 6267/DI 106 79
3361	3361	1 usable form.
3362	3362	2 (c) "Enterprise" means:
3363	3363	3 (1) a sole proprietorship, corporation, limited liability company,
3364	3364	4 partnership, business trust, or governmental entity; or
3365	3365	5 (2) a union, an association, or a group, whether a legal entity or
3366	3366	6 merely associated in fact.
3367	3367	7 (d) "Pattern of racketeering activity" means engaging in at least two
3368	3368	8 (2) incidents of racketeering activity that have the same or similar
3369	3369	9 intent, result, accomplice, victim, or method of commission, or that are
3370	3370	10 otherwise interrelated by distinguishing characteristics that are not
3371	3371	11 isolated incidents. However, the incidents are a pattern of racketeering
3372	3372	12 activity only if at least one (1) of the incidents occurred after August
3373	3373	13 31, 1980, and if the last of the incidents occurred within five (5) years
3374	3374	14 after a prior incident of racketeering activity.
3375	3375	15 (e) "Racketeering activity" means to commit, to attempt to commit,
3376	3376	16 to conspire to commit a violation of, or aiding and abetting in a
3377	3377	17 violation of any of the following:
3378	3378	18 (1) A provision of IC 23-19, or of a rule or order issued under
3379	3379	19 IC 23-19.
3380	3380	20 (2) A violation of IC 35-45-9.
3381	3381	21 (3) A violation of IC 35-47.
3382	3382	22 (4) A violation of IC 35-49-3.
3383	3383	23 (5) Murder (IC 35-42-1-1).
3384	3384	24 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
3385	3385	25 felony after June 30, 2014 (IC 35-42-2-1).
3386	3386	26 (7) Kidnapping (IC 35-42-3-2).
3387	3387	27 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
3388	3388	28 (9) Child exploitation (IC 35-42-4-4).
3389	3389	29 (10) Robbery (IC 35-42-5-1).
3390	3390	30 (11) Carjacking (IC 35-42-5-2) (before its repeal).
3391	3391	31 (12) Arson (IC 35-43-1-1).
3392	3392	32 (13) Burglary (IC 35-43-2-1).
3393	3393	33 (14) Theft (IC 35-43-4-2).
3394	3394	34 (15) Receiving stolen property (IC 35-43-4-2) (before its
3395	3395	35 amendment on July 1, 2018).
3396	3396	36 (16) Forgery (IC 35-43-5-2).
3397	3397	37 (17) An offense under IC 35-43-5.
3398	3398	38 (18) Bribery (IC 35-44.1-1-2).
3399	3399	39 (19) Official misconduct (IC 35-44.1-1-1).
3400	3400	40 (20) Conflict of interest (IC 35-44.1-1-4).
3401	3401	41 (21) Perjury (IC 35-44.1-2-1).
3402	3402	42 (22) Obstruction of justice (IC 35-44.1-2-2).
3403	3403	2024 IN 107—LS 6267/DI 106 80
3404	3404	1 (23) Intimidation (IC 35-45-2-1).
3405	3405	2 (24) Promoting prostitution (IC 35-45-4-4).
3406	3406	3 (25) Professional gambling (IC 35-45-5-3).
3407	3407	4 (26) Maintaining a professional gambling site (IC
3408	3408	5 35-45-5-3.5(b)).
3409	3409	6 (27) Promoting professional gambling (IC 35-45-5-4).
3410	3410	7 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
3411	3411	8 35-48-4-1).
3412	3412	9 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
3413	3413	10 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
3414	3414	11 (31) Dealing in a schedule I, II, or III controlled substance (IC
3415	3415	12 35-48-4-2).
3416	3416	13 (32) Dealing in a schedule IV controlled substance (IC
3417	3417	14 35-48-4-3).
3418	3418	15 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
3419	3419	16 (34) Dealing in marijuana, hash oil, hashish, or salvia or
3420	3420	17 mislabeled low THC hemp extract (IC 35-48-4-10).
3421	3421	18 (35) Money laundering (IC 35-45-15-5).
3422	3422	19 (36) A violation of IC 35-47.5-5.
3423	3423	20 (37) A violation of any of the following:
3424	3424	21 (A) IC 23-14-48-9.
3425	3425	22 (B) IC 30-2-9-7(b).
3426	3426	23 (C) IC 30-2-10-9(b).
3427	3427	24 (D) IC 30-2-13-38(f).
3428	3428	25 (38) Practice of law by a person who is not an attorney (IC
3429	3429	26 33-43-2-1).
3430	3430	27 (39) An offense listed in IC 35-48-4 involving the manufacture or
3431	3431	28 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
3432	3432	29 synthetic drug lookalike substance (as defined in
3433	3433	30 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3434	3434	31 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
3435	3435	32 substance analog (as defined in IC 35-48-1-9.3), or a substance
3436	3436	33 represented to be a controlled substance (as described in
3437	3437	34 IC 35-48-4-4.6).
3438	3438	35 (40) Dealing in a controlled substance resulting in death (IC
3439	3439	36 35-42-1-1.5).
3440	3440	37 (41) Organized retail theft (IC 35-43-4-2.2).
3441	3441	38 SECTION 22. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
3442	3442	39 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3443	3443	40 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (b) and
3444	3444	41 (c), a person who operates a motorboat while:
3445	3445	42 (1) having an alcohol concentration equivalent (as defined in
3446	3446	2024 IN 107—LS 6267/DI 106 81
3447	3447	1 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
3448	3448	2 per:
3449	3449	3 (A) one hundred (100) milliliters of the person's blood; or
3450	3450	4 (B) two hundred ten (210) liters of the person's breath;
3451	3451	5 (2) having a controlled substance listed in schedule I or II of
3452	3452	6 IC 35-48-2 or its metabolite in the person's body; or
3453	3453	7 (3) intoxicated;
3454	3454	8 commits a Class C misdemeanor.
3455	3455	9 (b) The offense is a Level 6 felony if:
3456	3456	10 (1) the person has a previous conviction under:
3457	3457	11 (A) IC 14-1-5 (repealed);
3458	3458	12 (B) IC 14-15-8-8 (repealed); or
3459	3459	13 (C) this chapter; or
3460	3460	14 (2) the offense results in serious bodily injury to another person.
3461	3461	15 (c) The offense is a Level 5 felony if the offense results in the death
3462	3462	16 or catastrophic injury of another person.
3463	3463	17 (d) It is a defense to a prosecution under subsection (a)(2) that:
3464	3464	18 (1) the accused person consumed the controlled substance in
3465	3465	19 accordance with a valid prescription or order of a practitioner (as
3466	3466	20 defined in IC 35-48-1-24) who acted in the course of the
3467	3467	21 practitioner's professional practice; or
3468	3468	22 (2) the:
3469	3469	23 (A) controlled substance is marijuana or a metabolite of
3470	3470	24 marijuana; and
3471	3471	25 (B) person was not intoxicated.
3472	3472	26 SECTION 23. IC 35-48-2-4, AS AMENDED BY P.L.48-2023,
3473	3473	27 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3474	3474	28 JULY 1, 2024]: Sec. 4. (a) The controlled substances listed in this
3475	3475	29 section are included in schedule I.
3476	3476	30 (b) Opiates. Any of the following opiates, including their isomers,
3477	3477	31 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
3478	3478	32 specifically excepted by rule of the board or unless listed in another
3479	3479	33 schedule, whenever the existence of these isomers, esters, ethers, and
3480	3480	34 salts is possible within the specific chemical designation:
3481	3481	35 4-fluoroisobutyryl fentanyl
3482	3482	36 Acetyl-alpha-methylfentanyl
3483	3483	37 (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide)
3484	3484	38 (9815)
3485	3485	39 Acetyl fentanyl (Other names include:
3486	3486	40 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
3487	3487	41 Acetylmethadol (9601)
3488	3488	42 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
3489	3489	2024 IN 107—LS 6267/DI 106 82
3490	3490	1 N-phenylacrylamide
3491	3491	2 Allylprodine (9602)
3492	3492	3 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
3493	3493	4 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
3494	3494	5 Alphacetylmethadol (9603)
3495	3495	6 Alphameprodine (9604)
3496	3496	7 Alphamethadol (9605)
3497	3497	8 Alphamethylfentanyl (9814)
3498	3498	9 Benzethidine (9606)
3499	3499	10 Beta-hydroxy-3-methylfentanyl (9831). Other name:
3500	3500	11 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
3501	3501	12 ]-N-phenylpropanamide
3502	3502	13 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
3503	3503	14 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
3504	3504	15 Betacetylmethadol (9607)
3505	3505	16 Betameprodine (9608)
3506	3506	17 Betamethadol (9609)
3507	3507	18 Betaprodine (9611)
3508	3508	19 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1yl)-N,N-dieth
3509	3509	20 ylethan-1-amine (butonitazene); other name: butoxynitazene
3510	3510	21 Clonitazene (9612)
3511	3511	22 Cyclopentyl fentanyl. Other name:
3512	3512	23 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
3513	3513	24 Dextromoramide (9613)
3514	3514	25 Diampromide (9615)
3515	3515	26 Diethylthiambutene (9616)
3516	3516	27 N,N-diethyl-2-(2-(4-flourobenzyl)-5-nitro-1H-benzimidazol-1-y
3517	3517	28 l)ethan-1-amine (flunitazene)
3518	3518	29 N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)eth
3519	3519	30 an-1-amine (metodesnitazene)
3520	3520	31 N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-
3521	3521	32 1-yl)ethan-1-amine (metonitazene)
3522	3522	33 N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-
3523	3523	34 1-yl)ethan-1-amine (protonitazene); other name: pronitazene
3524	3524	35 Difenoxin (9168)
3525	3525	36 Dimenoxadol (9617)
3526	3526	37 Dimepheptanol (9618)
3527	3527	38 Dimethylthiambutene (9619)
3528	3528	39 Dioxaphetyl butyrate (9621)
3529	3529	40 D i p i p a n o n e
3530	3530	41 (9622)2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1yl)-N,N-diethy
3531	3531	42 lethan-1-amine (etodesnitazene; etazene)
3532	3532	2024 IN 107—LS 6267/DI 106 83
3533	3533	1 2-(4-ethnoxybenzyl)5-nitro-1(2-(pyrorolidin-1-yl)ethyl)-1H-ben
3534	3534	2 zimidazol (N-pyrrolidino etonizatene; etonitazepyne)
3535	3535	3 Ethylmethylthiambutene (9623)
3536	3536	4 Etonitazene (9624)
3537	3537	5 Etoxeridine (9625)
3538	3538	6 Fentanyl related substances.
3539	3539	7 Furanyl fentanyl.
3540	3540	8 Furethidine (9626)
3541	3541	9 Hydroxypethidine (9627)
3542	3542	10 Isobutyryl fentanyl. Other name:
3543	3543	11 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
3544	3544	12 Isotonitazene. Other name: N,N-diethyl-2-
3545	3545	13 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
3546	3546	14 1-yl)ethan-1-amine)
3547	3547	15 Ketobemidone (9628)
3548	3548	16 Levomoramide (9629)
3549	3549	17 Levophenacylmorphan (9631)
3550	3550	18 Methoxyacetyl fentanyl. Other name:
3551	3551	19 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
3552	3552	20 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
3553	3553	21 piperidyl]-N-phenyl-propanimide](9813)
3554	3554	22 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
3555	3555	23 piperidinyl]-N-phenylpropanamide) (9833)
3556	3556	24 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
3557	3557	25 Morpheridine (9632)
3558	3558	26 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
3559	3559	27 including any isomers, salts, or salts of isomers (9818)
3560	3560	28 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
3561	3561	29 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
3562	3562	30 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
3563	3563	31 (beta-hydroxythiofentanyl)
3564	3564	32 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
3565	3565	33 (para-chloroisobutyryl fentanyl)
3566	3566	34 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3567	3567	35 acetamide (ocfentanil)
3568	3568	36 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
3569	3569	37 (para-fluorobutyryl fentanyl)
3570	3570	38 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
3571	3571	39 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
3572	3572	40 fentanyl)
3573	3573	41 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
3574	3574	42 fentanyl)
3575	3575	2024 IN 107—LS 6267/DI 106 84
3576	3576	1 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
3577	3577	2 (para-methoxybutyryl fentanyl)
3578	3578	3 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
3579	3579	4 (thenylfentanyl), including any isomers, salts, or salts of isomers
3580	3580	5 (9834)N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
3581	3581	6 (isobutyryl fentanyl)
3582	3582	7 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
3583	3583	8 (cyclopentyl fentanyl)
3584	3584	9 Noracymethadol (9633)
3585	3585	10 Norlevorphanol (9634)
3586	3586	11 Normethadone (9635)
3587	3587	12 Norpipanone (9636)
3588	3588	13 Ocfentanil. Other name:
3589	3589	14 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
3590	3590	15 acetamide
3591	3591	16 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
3592	3592	17 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
3593	3593	18 Para-chloroisobutyryl fentanyl. Other name:
3594	3594	19 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
3595	3595	20 Para-fluorobutyryl fentanyl. Other name:
3596	3596	21 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3597	3597	22 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
3598	3598	23 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
3599	3599	24 Para-methoxybutyryl fentanyl. Other name:
3600	3600	25 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
3601	3601	26 Phenadoxone (9637)
3602	3602	27 Phenampromide (9638)
3603	3603	28 Phenomorphan (9647)
3604	3604	29 Phenoperidine (9641)
3605	3605	30 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
3606	3606	31 Piritramide (9642)
3607	3607	32 Proheptazine (9643)
3608	3608	33 Properidine (9644)
3609	3609	34 Propiram (9649)
3610	3610	35 Racemoramide (9645)
3611	3611	36 Tetrahydrofuranyl fentanyl. Other name:
3612	3612	37 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
3613	3613	38 oxamide
3614	3614	39 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
3615	3615	40 piperidinyl]-propanamide) (9835)
3616	3616	41 Tianeptine (7-[(3-chloro-6-methyl-5,5-dioxo-11H-benzo[c]
3617	3617	42 [2,1]benzothiazepin-11-yl)amino]heptanoic acid)
3618	3618	2024 IN 107—LS 6267/DI 106 85
3619	3619	1 Tilidine (9750)
3620	3620	2 Trimeperidine (9646)
3621	3621	3 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
3622	3622	4 N-methyl- benzamide)
3623	3623	5 Valeryl fentanyl. Other name:
3624	3624	6 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
3625	3625	7 Zipeprol (1-methoxy-3- [4-(2-methoxy-2-phenylethyl) piperazin-
3626	3626	8 1-yl]- 1- phenylpropan- 2-ol)
3627	3627	9 (c) Opium derivatives. Any of the following opium derivatives, their
3628	3628	10 salts, isomers, and salts of isomers, unless specifically excepted by rule
3629	3629	11 of the board or unless listed in another schedule, whenever the
3630	3630	12 existence of these salts, isomers, and salts of isomers is possible within
3631	3631	13 the specific chemical designation:
3632	3632	14 Acetorphine (9319)
3633	3633	15 Acetyldihydrocodeine (9051)
3634	3634	16 Benzylmorphine (9052)
3635	3635	17 Codeine methylbromide (9070)
3636	3636	18 Codeine-N-Oxide (9053)
3637	3637	19 Cyprenorphine (9054)
3638	3638	20 Desomorphine (9055)
3639	3639	21 Dihydromorphine (9145)
3640	3640	22 Drotebanol (9335)
3641	3641	23 Etorphine (except hydrochloride salt) (9056)
3642	3642	24 Heroin (9200)
3643	3643	25 Hydromorphinol (9301)
3644	3644	26 Methyldesorphine (9302)
3645	3645	27 Methyldihydromorphine (9304)
3646	3646	28 Morphine methylbromide (9305)
3647	3647	29 Morphine methylsulfonate (9306)
3648	3648	30 Morphine-N-Oxide (9307)
3649	3649	31 Myrophine (9308)
3650	3650	32 Nicocodeine (9309)
3651	3651	33 Nicomorphine (9312)
3652	3652	34 Normorphine (9313)
3653	3653	35 Pholcodine (9314)
3654	3654	36 Thebacon (9315)
3655	3655	37 (d) Hallucinogenic substances. Unless specifically excepted or
3656	3656	38 unless listed in another schedule, any material, compound, mixture, or
3657	3657	39 preparation which contains any quantity of the following
3658	3658	40 hallucinogenic, psychedelic, or psychogenic substances, their salts,
3659	3659	41 isomers, and salts of isomers whenever the existence of these salts,
3660	3660	42 isomers, and salts of isomers is possible within the specific chemical
3661	3661	2024 IN 107—LS 6267/DI 106 86
3662	3662	1 designation (for purposes of this subsection only, the term "isomer"
3663	3663	2 includes the optical, position, and geometric isomers):
3664	3664	3 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
3665	3665	4 TCPy.
3666	3666	5 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
3667	3667	6 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
3668	3668	7 4-Bromo-2, 5-DMA.
3669	3669	8 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
3670	3670	9 or other names:
3671	3671	10 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
3672	3672	11 alpha-desmethyl DOB; 2C-B, Nexus.
3673	3673	12 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
3674	3674	13 DOET.
3675	3675	14 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
3676	3676	15 Other name: 2C-T-7.
3677	3677	16 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
3678	3678	17 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
3679	3679	18 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
3680	3680	19 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
3681	3681	20 PMA.
3682	3682	21 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
3683	3683	22 Name: MMDA.
3684	3684	23 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
3685	3685	24 isomers, salts, or salts of isomers (7439). Other name:
3686	3686	25 5-MeO-DIPT.
3687	3687	26 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
3688	3688	27 and other names: 4-methyl-2,
3689	3689	28 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
3690	3690	29 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
3691	3691	30 MDA.
3692	3692	31 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
3693	3693	32 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
3694	3694	33 phenethylamine; N-ethyl MDA; MDE; and MDEA.
3695	3695	34 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
3696	3696	35 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
3697	3697	36 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
3698	3698	37 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
3699	3699	38 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
3700	3700	39 (16) Alpha-methyltryptamine (7432). Other name: AMT.
3701	3701	40 (17) Bufotenine (7433). Some trade and other names:
3702	3702	41 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
3703	3703	42 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
3704	3704	2024 IN 107—LS 6267/DI 106 87
3705	3705	1 5-hydroxy-N, N-dimethyltryptamine; mappine.
3706	3706	2 (18) Diethyltryptamine (7434). Some trade or other names: N,
3707	3707	3 N-Diethyltryptamine; DET.
3708	3708	4 (19) Dimethyltryptamine (7435). Some trade or other names:
3709	3709	5 DMT.
3710	3710	6 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
3711	3711	7 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
3712	3712	8 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
3713	3713	9 (21) Lysergic acid diethylamide (7315). Other name: LSD.
3714	3714	10 (22) Marijuana (7360).
3715	3715	11 (23) (22) Mescaline (7381).
3716	3716	12 (24) (23) Methoxetamine[2-(ethylamino)-2-(3-methoxyphenyl)
3717	3717	13 cyclohexan-1-one or 2-(3-methoxyphenyl)-2-(ethylamino)-
3718	3718	14 cyclohexanone].
3719	3719	15 (25) (24) Parahexyl (7374). Some trade or other names:
3720	3720	16 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
3721	3721	17 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
3722	3722	18 (26) (25) Peyote (7415), including:
3723	3723	19 (A) all parts of the plant that are classified botanically as
3724	3724	20 lophophora williamsii lemaire, whether growing or not;
3725	3725	21 (B) the seeds thereof;
3726	3726	22 (C) any extract from any part of the plant; and
3727	3727	23 (D) every compound, manufacture, salt, derivative, mixture, or
3728	3728	24 preparation of the plant, its seeds, or extracts.
3729	3729	25 (27) (26) N-ethyl-3-piperidyl benzilate (7482). Other name:
3730	3730	26 DMZ.
3731	3731	27 (28) (27) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
3732	3732	28 Other names: N-hydroxy-alpha-methyl-3,4
3733	3733	29 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
3734	3734	30 (29) (28) N-methyl-3-piperidyl benzilate (7484). Other name:
3735	3735	31 LBJ.
3736	3736	32 (30) (29) Psilocybin (7437).
3737	3737	33 (31) (30) Psilocyn (7438).
3738	3738	34 (32) (31) Tetrahydrocannabinols (7370), including synthetic
3739	3739	35 equivalents of the substances contained in the plant, or in the
3740	3740	36 resinous extractives of Cannabis, sp. and synthetic substances,
3741	3741	37 derivatives, and their isomers with similar chemical structure and
3742	3742	38 pharmacological activity such as:
3743	3743	39 (A) ð
3744	3744	1
3745	3745	cis or trans tetrahydrocannabinol, and their optical
3746	3746	40 isomers;
3747	3747	41 (B) ð
3748	3748	6
3749	3749	cis or trans tetrahydrocannabinol, and their optical
3750	3750	42 isomers; and
3751	3751	2024 IN 107—LS 6267/DI 106 88
3752	3752	1 (C) ð
3753	3753	3,
3754	3754	4 cis or trans tetrahydrocannabinol, and their optical
3755	3755	2 isomers.
3756	3756	3 Since nomenclature of these substances is not internationally
3757	3757	4 standardized, compounds of these structures, regardless of
3758	3758	5 numerical designation of atomic positions are covered. Other
3759	3759	6 name: THC.
3760	3760	7 (33) (32) Ethylamine analog of phencyclidine (7455). Some trade
3761	3761	8 or other names: N-Ethyl-1-phenylcyclohexylamine;
3762	3762	9 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
3763	3763	10 ethylamine; cyclohexamine; PCE.
3764	3764	11 (34) (33) Pyrrolidine analog of phencyclidine (7458). Some trade
3765	3765	12 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
3766	3766	y; PHP.
3767	3767	13 (35) (34) Thiophene analog of phencyclidine (7470). Some trade
3768	3768	14 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
3769	3769	15 Analog of Phencyclidine; TPCP.
3770	3770	16 (36) (35) Salvia divinorum or salvinorin A, including:
3771	3771	17 (A) all parts of the plant that are classified botanically as salvia
3772	3772	18 divinorum, whether growing or not;
3773	3773	19 (B) the seeds of the plant;
3774	3774	20 (C) any extract from any part of the plant; and
3775	3775	21 (D) every compound, manufacture, salt, derivative, mixture, or
3776	3776	22 preparation of the plant, its seeds, or extracts.
3777	3777	23 (37) (36) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
3778	3778	24 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
3779	3779	25 5-MeO-DMT.
3780	3780	26 (38) (37) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
3781	3781	27 (39) (38) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
3782	3782	28 (40) (39) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
3783	3783	29 (41) (40) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
3784	3784	30 (42) (41) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
3785	3785	31 (2C-T-2).
3786	3786	32 (43) (42) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
3787	3787	33 (2C-T-4).
3788	3788	34 (44) (43) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
3789	3789	35 (45) (44) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
3790	3790	36 (46) (45) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
3791	3791	37 (2C-P).
3792	3792	38 (47) (46) Deschloroketamine (2-Phenyl-2-
3793	3793	39 (methylamino)cyclohexanone).
3794	3794	40 (48) (47) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
3795	3795	41 ethyltryptamine).
3796	3796	42 (49) (48) N-methyltryptamine (1H-Indole-3-ethanamine,
3797	3797	2024 IN 107—LS 6267/DI 106 89
3798	3798	1 N-methyl-).
3799	3799	2 (e) Depressants. Unless specifically excepted in a rule adopted by
3800	3800	3 the board or unless listed in another schedule, any material, compound,
3801	3801	4 mixture, or preparation which contains any quantity of the following
3802	3802	5 substances having a depressant effect on the central nervous system,
3803	3803	6 including its salts, isomers, and salts of isomers whenever the existence
3804	3804	7 of such salts, isomers, and salts of isomers is possible within the
3805	3805	8 specific chemical designation:
3806	3806	9 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
3807	3807	10 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
3808	3808	11 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
3809	3809	12 Pasaden)
3810	3810	13 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
3811	3811	14 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
3812	3812	15 Gamma-hydroxybutyric acid (other names include GHB;
3813	3813	16 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
3814	3814	17 oxybate; sodium oxybutyrate) (2010)
3815	3815	18 Mecloqualone (2572)
3816	3816	19 Methaqualone (2565)
3817	3817	20 (f) Stimulants. Unless specifically excepted or unless listed in
3818	3818	21 another schedule, any material, compound, mixture, or preparation that
3819	3819	22 contains any quantity of the following substances having a stimulant
3820	3820	23 effect on the central nervous system, including its salts, isomers, and
3821	3821	24 salts of isomers:
3822	3822	25 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
3823	3823	26 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
3824	3824	27 Amineptine (7-[(10,11-dihydro-5H- dibenzo[a,d]cyclohepten- 5-
3825	3825	28 yl)amino] heptanoic acid).
3826	3826	29 Aminorex (1585). Other names: aminoxaphen;
3827	3827	30 2-amino-5-phenyl-2-oxazoline; or
3828	3828	31 4,5-dihydro-5-phenyl-2-oxazolamine.
3829	3829	32 4,4'-Dimethylaminorex (4,4'-DMAR; 4,5-dihydro- 4-methyl-5-(4-
3830	3830	33 methylphenyl)- 2- oxazolamine; 4-methyl-5- (4-methylphenyl)-
3831	3831	34 4,5-dihydro-1,3-oxazol- 2-amine).
3832	3832	35 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
3833	3833	36 -1-one. Synonyms: BMDP, N-benzyl methylone,
3834	3834	37 3,4-Methylenedioxy-Nbenzylcathinone,
3835	3835	38 N-benzyl-3,4-methylenedioxycathinone.
3836	3836	39 Cathinone (1235). Some trade or other names:
3837	3837	40 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
3838	3838	41 2-aminopropiophenone; and norephedrone.
3839	3839	42 Fenethylline (1503).
3840	3840	2024 IN 107—LS 6267/DI 106 90
3841	3841	1 N-Benzylpiperazine (7493). Other names: BZP; and
3842	3842	2 1-benzylpiperazine.
3843	3843	3 N-ethylamphetamine (1475).
3844	3844	4 Mesocarb (N-phenyl-N-(3-(1-
3845	3845	5 phenylpropan-2-yl)-1,2,3-oxadiazol-3- ium-5yl)carbamimidate).
3846	3846	6 Methcathinone (1237). Some other trade names:
3847	3847	7 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
3848	3848	8 Monomethylpropion; UR 1431.
3849	3849	9 N, N-dimethylamphetamine (1480). Other names: N,
3850	3850	10 N-alpha-trimethyl-benzeneethanamine; and N,
3851	3851	11 N-alpha-trimethylphenethylamine.
3852	3852	12 N-methyl-1- (thiophen-2-yl) propan-2- amine (methiopropamine).
3853	3853	13 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
3854	3854	14 SECTION 24. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
3855	3855	15 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3856	3856	16 JULY 1, 2024]: Sec. 8.5. (a) A person who keeps for sale, offers for
3857	3857	17 sale, delivers, or finances the delivery of a raw material, an instrument,
3858	3858	18 a device, or other object that is intended to be or that is designed or
3859	3859	19 marketed to be used primarily for:
3860	3860	20 (1) ingesting, inhaling, or otherwise introducing into the human
3861	3861	21 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
3862	3862	22 controlled substance;
3863	3863	23 (2) testing the strength, effectiveness, or purity of marijuana, hash
3864	3864	24 oil, hashish, salvia, a synthetic drug, or a controlled substance;
3865	3865	25 (3) enhancing the effect of a controlled substance;
3866	3866	26 (4) manufacturing, compounding, converting, producing,
3867	3867	27 processing, or preparing marijuana, hash oil, hashish, salvia, a
3868	3868	28 synthetic drug, or a controlled substance;
3869	3869	29 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
3870	3870	30 synthetic drug, or a controlled substance by individuals; or
3871	3871	31 (6) any purpose announced or described by the seller that is in
3872	3872	32 violation of this chapter;
3873	3873	33 commits a Class A infraction for dealing in paraphernalia.
3874	3874	34 (b) A person who knowingly or intentionally violates subsection (a)
3875	3875	35 commits a Class A misdemeanor. However, the offense is a Level 6
3876	3876	36 felony if the person has a prior unrelated judgment or conviction under
3877	3877	37 this section.
3878	3878	38 (c) This section does not apply to the following:
3879	3879	39 (1) Items marketed for use in the preparation, compounding,
3880	3880	40 packaging, labeling, or other use of marijuana, hash oil, hashish,
3881	3881	41 salvia, a synthetic drug, or a controlled substance as an incident
3882	3882	42 to lawful research, teaching, or chemical analysis and not for sale.
3883	3883	2024 IN 107—LS 6267/DI 106 91
3884	3884	1 (2) Items marketed for or historically and customarily used in
3885	3885	2 connection with the planting, propagating, cultivating, growing,
3886	3886	3 harvesting, manufacturing, compounding, converting, producing,
3887	3887	4 processing, preparing, testing, analyzing, packaging, repackaging,
3888	3888	5 storing, containing, concealing, injecting, ingesting, or inhaling
3889	3889	6 of tobacco or any other lawful substance.
3890	3890	7 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
3891	3891	8 a syringe or needle as part of a program under IC 16-41-7.5.
3892	3892	9 (4) Any entity or person that provides funding to a qualified entity
3893	3893	10 (as defined in IC 16-41-7.5-3) to operate a program described in
3894	3894	11 IC 16-41-7.5.
3895	3895	12 SECTION 25. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
3896	3896	13 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3897	3897	14 JULY 1, 2024]: Sec. 10. (a) A person who:
3898	3898	15 (1) knowingly or intentionally:
3899	3899	16 (A) manufactures;
3900	3900	17 (B) finances the manufacture of;
3901	3901	18 (C) delivers; or
3902	3902	19 (D) finances the delivery of;
3903	3903	20 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
3904	3904	21 (2) possesses, with intent to:
3905	3905	22 (A) manufacture;
3906	3906	23 (B) finance the manufacture of;
3907	3907	24 (C) deliver; or
3908	3908	25 (D) finance the delivery of;
3909	3909	26 marijuana, hash oil, hashish, or salvia, pure or adulterated;
3910	3910	27 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
3911	3911	28 misdemeanor, except as provided in subsections (b) through (d).
3912	3912	29 (b) A person may be convicted of an offense under subsection (a)(2)
3913	3913	30 only if:
3914	3914	31 (1) there is evidence in addition to the weight of the drug that the
3915	3915	32 person intended to manufacture, finance the manufacture of,
3916	3916	33 deliver, or finance the delivery of the drug; or
3917	3917	34 (2) the amount of the drug involved is at least
3918	3918	35 (A) ten (10) pounds, if the drug is marijuana; or
3919	3919	36 (B) three hundred (300) grams, if the drug is hash oil, hashish,
3920	3920	37 or salvia.
3921	3921	38 (c) The offense is a Level 6 felony if:
3922	3922	39 (1) the person has a prior conviction for a drug offense and the
3923	3923	40 amount of the drug involved is
3924	3924	41 (A) less than thirty (30) grams of marijuana; or
3925	3925	42 (B) less than five (5) grams of hash oil, hashish, or salvia; or
3926	3926	2024 IN 107—LS 6267/DI 106 92
3927	3927	1 (2) the amount of the drug involved is
3928	3928	2 (A) at least thirty (30) grams but less than ten (10) pounds of
3929	3929	3 marijuana; or
3930	3930	4 (B) at least five (5) grams but less than three hundred (300)
3931	3931	5 grams of hash oil, hashish, or salvia.
3932	3932	6 (d) The offense is a Level 5 felony if:
3933	3933	7 (1) the person has a prior conviction for a drug dealing offense
3934	3934	8 and the amount of the drug involved is
3935	3935	9 (A) at least thirty (30) grams but less than ten (10) pounds of
3936	3936	10 marijuana; or
3937	3937	11 (B) at least five (5) grams but less than three hundred (300)
3938	3938	12 grams of hash oil, hashish, or salvia; or
3939	3939	13 (2) the:
3940	3940	14 (A) amount of the drug involved is
3941	3941	15 (i) at least ten (10) pounds of marijuana; or
3942	3942	16 (ii) at least three hundred (300) grams of hash oil, hashish,
3943	3943	17 or salvia; or
3944	3944	18 (B) offense involved a sale to a minor. or
3945	3945	19 (3) the:
3946	3946	20 (A) person is a retailer;
3947	3947	21 (B) marijuana, hash oil, hashish, or salvia is packaged in a
3948	3948	22 manner that appears to be low THC hemp extract; and
3949	3949	23 (C) person knew or reasonably should have known that the
3950	3950	24 product was marijuana, hash oil, hashish, or salvia.
3951	3951	25 (e) A retailer who:
3952	3952	26 (1) knowingly or intentionally:
3953	3953	27 (A) manufactures;
3954	3954	28 (B) finances the manufacture of;
3955	3955	29 (C) delivers; or
3956	3956	30 (D) finances the delivery of;
3957	3957	31 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3958	3958	32 that is packaged in a manner that appears to be low THC
3959	3959	33 hemp extract; or
3960	3960	34 (2) possesses, with intent to:
3961	3961	35 (A) manufacture;
3962	3962	36 (B) finance the manufacture of;
3963	3963	37 (C) deliver; or
3964	3964	38 (D) finance the delivery of;
3965	3965	39 marijuana, hash oil, hashish, or salvia, pure or adulterated,
3966	3966	40 that is packaged in a manner that appears to be low THC
3967	3967	41 hemp extract;
3968	3968	42 commits dealing in mislabeled low THC hemp extract, a Level 5
3969	3969	2024 IN 107—LS 6267/DI 106 93
3970	3970	1 felony, if the retailer knew or reasonably should have known that
3971	3971	2 the product was marijuana, hash oil, hashish, or salvia.
3972	3972	3 SECTION 26. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
3973	3973	4 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3974	3974	5 JULY 1, 2024]: Sec. 11. (a) A person who
3975	3975	6 (1) knowingly or intentionally possesses (pure or adulterated)
3976	3976	7 marijuana, hash oil, hashish, or salvia
3977	3977	8 (2) knowingly or intentionally grows or cultivates marijuana; or
3978	3978	9 (3) knowing that marijuana is growing on the person's premises,
3979	3979	10 fails to destroy the marijuana plants;
3980	3980	11 commits possession of marijuana, hash oil, hashish, or salvia, a Class
3981	3981	12 B misdemeanor, except as provided in subsections (b) through (c).
3982	3982	13 (b) The offense described in subsection (a) is a Class A
3983	3983	14 misdemeanor if
3984	3984	15 (1) the person has a prior conviction for a drug offense. or
3985	3985	16 (2) the:
3986	3986	17 (A) marijuana, hash oil, hashish, or salvia is packaged in a
3987	3987	18 manner that appears to be low THC hemp extract; and
3988	3988	19 (B) person knew or reasonably should have known that the
3989	3989	20 product was marijuana, hash oil, hashish, or salvia.
3990	3990	21 (c) The offense described in subsection (a) is a Level 6 felony if:
3991	3991	22 (1) the person has a prior conviction for a drug offense; and
3992	3992	23 (2) the person possesses
3993	3993	24 (A) at least thirty (30) grams of marijuana; or
3994	3994	25 (B) at least five (5) grams of hash oil, hashish, or salvia.
3995	3995	26 (d) A person who:
3996	3996	27 (1) knowingly or intentionally possesses (pure or adulterated)
3997	3997	28 marijuana, hash oil, hashish, or salvia that is packaged in a
3998	3998	29 manner that appears to be low THC hemp extract; and
3999	3999	30 (2) knew or reasonably should have known that the product
4000	4000	31 was marijuana, hash oil, hashish, or salvia;
4001	4001	32 commits possession of mislabeled low THC hemp extract, a Class
4002	4002	33 A misdemeanor.
4003	4003	34 SECTION 27. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
4004	4004	35 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4005	4005	36 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (i), (j), or
4006	4006	37 (l), or (m), in addition to any sentence imposed under this article for a
4007	4007	38 felony or misdemeanor, the court may, as a condition of probation or
4008	4008	39 without placing the person on probation, order the person to make
4009	4009	40 restitution to the victim of the crime, the victim's estate, or the family
4010	4010	41 of a victim who is deceased. The court shall base its restitution order
4011	4011	42 upon a consideration of:
4012	4012	2024 IN 107—LS 6267/DI 106 94
4013	4013	1 (1) property damages of the victim incurred as a result of the
4014	4014	2 crime, based on the actual cost of repair (or replacement if repair
4015	4015	3 is inappropriate);
4016	4016	4 (2) medical and hospital costs incurred by the victim (before the
4017	4017	5 date of sentencing) as a result of the crime;
4018	4018	6 (3) the cost of medical laboratory tests to determine if the crime
4019	4019	7 has caused the victim to contract a disease or other medical
4020	4020	8 condition;
4021	4021	9 (4) earnings lost by the victim (before the date of sentencing) as
4022	4022	10 a result of the crime including earnings lost while the victim was
4023	4023	11 hospitalized or participating in the investigation or trial of the
4024	4024	12 crime; and
4025	4025	13 (5) funeral, burial, or cremation costs incurred by the family or
4026	4026	14 estate of a homicide victim as a result of the crime.
4027	4027	15 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
4028	4028	16 a judgment lien that:
4029	4029	17 (1) attaches to the property of the person subject to the order;
4030	4030	18 (2) may be perfected;
4031	4031	19 (3) may be enforced to satisfy any payment that is delinquent
4032	4032	20 under the restitution order by the person in whose favor the order
4033	4033	21 is issued or the person's assignee; and
4034	4034	22 (4) expires;
4035	4035	23 in the same manner as a judgment lien created in a civil proceeding.
4036	4036	24 (c) When a restitution order is issued under subsection (a), the
4037	4037	25 issuing court may order the person to pay the restitution, or part of the
4038	4038	26 restitution, directly to:
4039	4039	27 (1) the victim services division of the Indiana criminal justice
4040	4040	28 institute in an amount not exceeding:
4041	4041	29 (A) the amount of the award, if any, paid to the victim under
4042	4042	30 IC 5-2-6.1; and
4043	4043	31 (B) the cost of the reimbursements, if any, for emergency
4044	4044	32 services provided to the victim under IC 16-10-1.5 (before its
4045	4045	33 repeal) or IC 16-21-8; or
4046	4046	34 (2) a probation department that shall forward restitution or part of
4047	4047	35 restitution to:
4048	4048	36 (A) a victim of a crime;
4049	4049	37 (B) a victim's estate; or
4050	4050	38 (C) the family of a victim who is deceased.
4051	4051	39 The victim services division of the Indiana criminal justice institute
4052	4052	40 shall deposit the restitution it receives under this subsection in the
4053	4053	41 violent crime victims compensation fund established by IC 5-2-6.1-40.
4054	4054	42 (d) When a restitution order is issued under subsection (a), (i), (j),
4055	4055	2024 IN 107—LS 6267/DI 106 95
4056	4056	1 or (l), or (m), the issuing court shall send a certified copy of the order
4057	4057	2 to the clerk of the circuit court in the county where the felony or
4058	4058	3 misdemeanor charge was filed. The restitution order must include the
4059	4059	4 following information:
4060	4060	5 (1) The name and address of the person that is to receive the
4061	4061	6 restitution.
4062	4062	7 (2) The amount of restitution the person is to receive.
4063	4063	8 Upon receiving the order, the clerk shall enter and index the order in
4064	4064	9 the circuit court judgment docket in the manner prescribed by
4065	4065	10 IC 33-32-3-2. The clerk shall also notify the department of insurance
4066	4066	11 of an order of restitution under subsection (i).
4067	4067	12 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
4068	4068	13 does not bar a civil action for:
4069	4069	14 (1) damages that the court did not require the person to pay to the
4070	4070	15 victim under the restitution order but arise from an injury or
4071	4071	16 property damage that is the basis of restitution ordered by the
4072	4072	17 court; and
4073	4073	18 (2) other damages suffered by the victim.
4074	4074	19 (f) Regardless of whether restitution is required under subsection (a)
4075	4075	20 as a condition of probation or other sentence, the restitution order is not
4076	4076	21 discharged by the completion of any probationary period or other
4077	4077	22 sentence imposed for a felony or misdemeanor.
4078	4078	23 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
4079	4079	24 not discharged by the liquidation of a person's estate by a receiver
4080	4080	25 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
4081	4081	26 IC 34-1-12, or IC 34-2-7 before their repeal).
4082	4082	27 (h) The attorney general may pursue restitution ordered by the court
4083	4083	28 under subsections (a) and (c) on behalf of the victim services division
4084	4084	29 of the Indiana criminal justice institute established under IC 5-2-6-8.
4085	4085	30 (i) The court may order the person convicted of an offense under
4086	4086	31 IC 35-43-9 to make restitution to the victim of the crime. The court
4087	4087	32 shall base its restitution order upon a consideration of the amount of
4088	4088	33 money that the convicted person converted, misappropriated, or
4089	4089	34 received, or for which the convicted person conspired. The restitution
4090	4090	35 order issued for a violation of IC 35-43-9 must comply with
4091	4091	36 subsections (b), (d), (e), and (g), and is not discharged by the
4092	4092	37 completion of any probationary period or other sentence imposed for
4093	4093	38 a violation of IC 35-43-9.
4094	4094	39 (j) The court may order the person convicted of an offense under
4095	4095	40 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
4096	4096	41 victim's estate, or the family of a victim who is deceased. The court
4097	4097	42 shall base its restitution order upon a consideration of the amount of
4098	4098	2024 IN 107—LS 6267/DI 106 96
4099	4099	1 fraud or harm caused by the convicted person and any reasonable
4100	4100	2 expenses (including lost wages) incurred by the victim in correcting the
4101	4101	3 victim's credit report and addressing any other issues caused by the
4102	4102	4 commission of the offense under IC 35-43-5-3.5. If, after a person is
4103	4103	5 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
4104	4104	6 estate, or the family of a victim discovers or incurs additional expenses
4105	4105	7 that result from the convicted person's commission of the offense under
4106	4106	8 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
4107	4107	9 to require the convicted person to make restitution, even if the court
4108	4108	10 issued a restitution order at the time of sentencing. For purposes of
4109	4109	11 entering a restitution order after sentencing, a court has continuing
4110	4110	12 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
4111	4111	13 for five (5) years after the date of sentencing. Each restitution order
4112	4112	14 issued for a violation of IC 35-43-5-3.5 must comply with subsections
4113	4113	15 (b), (d), (e), and (g), and is not discharged by the completion of any
4114	4114	16 probationary period or other sentence imposed for an offense under
4115	4115	17 IC 35-43-5-3.5.
4116	4116	18 (k) The court shall order a person convicted of an offense under
4117	4117	19 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
4118	4118	20 equal to the greater of the following:
4119	4119	21 (1) The gross income or value to the person of the victim's labor
4120	4120	22 or services.
4121	4121	23 (2) The value of the victim's labor as guaranteed under the
4122	4122	24 minimum wage and overtime provisions of:
4123	4123	25 (A) the federal Fair Labor Standards Act of 1938, as amended
4124	4124	26 (29 U.S.C. 201-209); or
4125	4125	27 (B) IC 22-2-2 (Minimum Wage);
4126	4126	28 whichever is greater.
4127	4127	29 (l) The court shall order a person who:
4128	4128	30 (1) is convicted of dealing in methamphetamine under
4129	4129	31 IC 35-48-4-1.1 or manufacturing methamphetamine under
4130	4130	32 IC 35-48-4-1.2; and
4131	4131	33 (2) manufactured the methamphetamine on property owned by
4132	4132	34 another person, without the consent of the property owner;
4133	4133	35 to pay liquidated damages to the property owner in the amount of ten
4134	4134	36 thousand dollars ($10,000) or to pay actual damages to the property
4135	4135	37 owner, including lost rent and the costs of decontamination by a
4136	4136	38 qualified inspector certified under IC 16-19-3.1.
4137	4137	39 (m) The court shall order a person who:
4138	4138	40 (1) is convicted of dealing in marijuana under
4139	4139	41 IC 35-48-4-10(a)(1)(A); and
4140	4140	42 (2) manufactured the marijuana on property owned by another
4141	4141	2024 IN 107—LS 6267/DI 106 97
4142	4142	1 person, without the consent of the property owner;
4143	4143	2 to pay liquidated damages to the property owner in the amount of two
4144	4144	3 thousand dollars ($2,000).
4145	4145	4 SECTION 28. IC 35-52-7-97 IS ADDED TO THE INDIANA
4146	4146	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
4147	4147	6 [EFFECTIVE JULY 1, 2024]: Sec. 97. IC 7.1-8-12-13 defines a crime
4148	4148	7 concerning cannabis.
4149	4149	8 SECTION 29. IC 35-52-7-98 IS ADDED TO THE INDIANA
4150	4150	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
4151	4151	10 [EFFECTIVE JULY 1, 2024]: Sec. 98. IC 7.1-8-14-9 defines a crime
4152	4152	11 concerning cannabis.
4153	4153	12 SECTION 30. IC 35-52-7-99 IS ADDED TO THE INDIANA
4154	4154	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
4155	4155	14 [EFFECTIVE JULY 1, 2024]: Sec. 99. IC 7.1-8-15-5 defines a crime
4156	4156	15 concerning cannabis.
4157	4157	16 SECTION 31. IC 35-52-7-100 IS ADDED TO THE INDIANA
4158	4158	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
4159	4159	18 [EFFECTIVE JULY 1, 2024]: Sec. 100. IC 7.1-8-19-3 defines a crime
4160	4160	19 concerning cannabis.
4161	4161	20 SECTION 32. IC 35-52-7-101 IS ADDED TO THE INDIANA
4162	4162	21 CODE AS A NEW SECTION TO READ AS FOLLOWS
4163	4163	22 [EFFECTIVE JULY 1, 2024]: Sec. 101. IC 7.1-8-19-4 defines a crime
4164	4164	23 concerning cannabis.
4165	4165	24 SECTION 33. IC 35-52-7-102 IS ADDED TO THE INDIANA
4166	4166	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
4167	4167	26 [EFFECTIVE JULY 1, 2024]: Sec. 102. IC 7.1-8-19-6 defines a crime
4168	4168	27 concerning cannabis.
4169	4169	28 SECTION 34. IC 36-1-8.5-4, AS AMENDED BY P.L.122-2023,
4170	4170	29 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4171	4171	30 JULY 1, 2024]: Sec. 4. As used in this chapter, "law enforcement
4172	4172	31 officer" means an individual who is employed or was formerly
4173	4173	32 employed as:
4174	4174	33 (1) a police officer (including a tribal police officer, a correctional
4175	4175	34 police officer, and a hospital police officer employed by a hospital
4176	4176	35 police department established under IC 16-18-4), sheriff,
4177	4177	36 constable, marshal, prosecuting attorney, special prosecuting
4178	4178	37 attorney, special deputy prosecuting attorney, the securities
4179	4179	38 commissioner, or the inspector general;
4180	4180	39 (2) a deputy of any of the persons specified in subdivision (1);
4181	4181	40 (3) an investigator for a prosecuting attorney or for the inspector
4182	4182	41 general;
4183	4183	42 (4) a conservation officer;
4184	4184	2024 IN 107—LS 6267/DI 106 98
4185	4185	1 (5) an enforcement officer of the alcohol and tobacco commission
4186	4186	2 or of the cannabis commission; or
4187	4187	3 (6) an enforcement officer of the securities division of the office
4188	4188	4 of the secretary of state.
4189	4189	2024 IN 107—LS 6267/DI 106