Introduced Version
SENATE BILL No. 126
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-5-48; IC 5-2-8; IC 6-7-3; IC 7.1-8; IC 7.1-9;
IC 15-16-7-8; IC 33-37; IC 35-48-4; IC 35-52-7-97.
Synopsis: Medical cannabis. Establishes a medical marijuana program
(program), and permits caregivers and patients who have received a
physician recommendation to possess a certain quantity of marijuana
for treatment of certain medical conditions. Establishes a regulatory
agency to oversee the program, and creates the regulatory agency
advisory committee to review the effectiveness of the program and to
consider recommendations from the regulatory agency. Authorizes the
regulatory agency to grant research licenses to research facilities with
a physical presence in Indiana. Repeals the controlled substance excise
tax and the marijuana eradication program. Makes conforming
amendments.
Effective: July 1, 2024.
Taylor G
January 8, 2024, read first time and referred to Committee on Commerce and Technology.
2024 IN 126—LS 6294/DI 106 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 126
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-48 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]:
4 Chapter 48. Regulatory Agency Advisory Committee
5 Sec. 1. The following definitions apply throughout this chapter:
6 (1) "Advisory committee" means the regulatory agency
7 advisory committee established by section 2 of this chapter.
8 (2) "Regulatory agency" means the regulatory agency
9 established by IC 7.1-9-2-1.
10 Sec. 2. The regulatory agency advisory committee is established
11 to serve the general assembly as a continuing committee. Except as
12 otherwise provided by this chapter, the advisory committee shall
13 operate under the rules of the legislative council.
14 Sec. 3. (a) The advisory committee consists of the following four
15 (4) voting members and five (5) nonvoting members:
16 (1) One (1) legislative member appointed by the speaker of the
17 house of representatives.
2024 IN 126—LS 6294/DI 106 2
1 (2) One (1) legislative member appointed by the minority
2 leader of the house of representatives.
3 (3) One (1) legislative member appointed by the president pro
4 tempore of the senate.
5 (4) One (1) legislative member appointed by the minority
6 leader of the senate.
7 (5) One (1) representative of law enforcement, appointed as a
8 nonvoting member by the speaker of the house of
9 representatives.
10 (6) One (1) individual having experience in the treatment of
11 medical conditions by means of medical marijuana as a
12 patient, physician, or caregiver, appointed as a nonvoting
13 member by the president pro tempore of the senate.
14 (7) The commissioner of the department of state revenue or
15 the commissioner's designee, who serves as a nonvoting
16 member.
17 (8) The director of the department of agriculture or the
18 director's designee, who serves as a nonvoting member.
19 (9) The state health commissioner or the commissioner's
20 designee, who serves as a nonvoting member.
21 (b) The chairperson of the legislative council shall annually
22 select one (1) of the voting members to serve as chairperson of the
23 advisory committee. Whenever there is a new chairperson of the
24 legislative council, that chairperson may select a new voting
25 member to serve as chairperson of the advisory committee. The
26 chairperson of the advisory committee serves at the pleasure of the
27 chairperson of the legislative council.
28 Sec. 4. (a) Except as otherwise provided in this chapter, the term
29 of a member of the advisory committee ends on June 30 of the next
30 odd-numbered year following the member's appointment.
31 However, the member may be reappointed to subsequent terms.
32 (b) A member of the advisory committee may be removed at any
33 time by the appointing authority who appointed the member.
34 (c) If a vacancy exists on the advisory committee, the appointing
35 authority who appointed the former member whose position has
36 become vacant shall appoint an individual to fill the vacancy. An
37 individual appointed to fill a vacancy serves for the remainder of
38 the term of the former member.
39 (d) If a member of the advisory committee ceases to:
40 (1) be a member of the chamber from which the member was
41 appointed; or
42 (2) hold the member's office;
2024 IN 126—LS 6294/DI 106 3
1 the member ceases to be a member of the advisory committee.
2 Sec. 5. Each member of the advisory committee is entitled to
3 receive the same per diem, mileage, and travel allowances paid to
4 individuals who serve as legislative and lay members, respectively,
5 of interim study committees established by the legislative council.
6 Sec. 6. (a) The advisory committee shall meet at the call of the
7 chairperson.
8 (b) Five (5) members of the advisory committee constitute a
9 quorum if at least three (3) of the members present are voting
10 members.
11 (c) The affirmative votes of a majority of the voting members
12 appointed to the advisory committee are required for the advisory
13 committee to take action on any measure, including final reports.
14 Sec. 7. The advisory committee shall do the following:
15 (1) Review rules adopted by the regulatory agency.
16 (2) Review legislative proposals suggested by the regulatory
17 agency.
18 (3) Evaluate the medical marijuana research and development
19 program under IC 7.1-9-5.
20 (4) Evaluate the operation of the medical marijuana program.
21 (5) Consider any other matter that has bearing on the
22 operation of the medical marijuana program.
23 Sec. 8. All meetings of the advisory committee are open to the
24 public in accordance with and subject to IC 5-14-1.5. All records
25 of the advisory committee are subject to the requirements of
26 IC 5-14-3.
27 Sec. 9. The legislative services agency shall staff the advisory
28 committee.
29 Sec. 10. All funds necessary to carry out this chapter shall be
30 paid from appropriations to the legislative council and the
31 legislative services agency.
32 SECTION 2. IC 5-2-8-5, AS AMENDED BY P.L.217-2017,
33 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 5. (a) There is established the state police training
35 fund. The fund consists of amounts collected under IC 33-37-4-1(b)(4),
36 IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4)
37 IC 33-37-4-3(b)(3) on behalf of the state police department.
38 (b) If the state police department files a claim under IC 33-37-8-4
39 or IC 33-37-8-6 against a city or town user fee fund or a county user fee
40 fund, the fiscal officer of the city or town or the county auditor shall
41 deposit fees collected under the cause numbers submitted by the state
42 police department into the state police training fund established under
2024 IN 126—LS 6294/DI 106 4
1 this section.
2 (c) Claims against the state police training fund must be submitted
3 in accordance with IC 5-11-10.
4 (d) Money in excess of one hundred dollars ($100) that is
5 unencumbered and remains in the state police training fund for at least
6 one (1) entire calendar year from the date of its deposit shall, at the end
7 of the state's fiscal year, be deposited in the law enforcement academy
8 fund established under IC 5-2-1-13.
9 (e) As used in this subsection, "abuse" has the meaning set forth in
10 section 1(a) of this chapter. As a part of the state police department's
11 in-service training, the department shall provide to each law
12 enforcement officer employed by the department continuing education
13 concerning the following:
14 (1) Duties of a law enforcement officer in enforcing restraining
15 orders, protective orders, temporary injunctions, and permanent
16 injunctions involving abuse.
17 (2) Guidelines for making felony and misdemeanor arrests in
18 cases involving abuse.
19 (3) Techniques for handling incidents of abuse that:
20 (A) minimize the likelihood of injury to the law enforcement
21 officer; and
22 (B) promote the safety of a victim.
23 (4) Information about the nature and extent of the abuse.
24 (5) Information about the legal rights of and remedies available
25 to victims of abuse.
26 (6) How to document and collect evidence in an abuse case.
27 (7) The legal consequences of abuse.
28 (8) The impact on children of law enforcement intervention in
29 abuse cases.
30 (9) Services and facilities available to victims of abuse and
31 abusers.
32 (10) Verification of restraining orders, protective orders,
33 temporary injunctions, and permanent injunctions.
34 (11) Policies concerning arrest or release of suspects in abuse
35 cases.
36 (12) Emergency assistance to victims of abuse and criminal
37 justice options for victims of abuse.
38 (13) Landlord-tenant concerns in abuse cases.
39 (14) The taking of an abused child into protective custody.
40 (15) Assessment of a situation in which a child may be seriously
41 endangered if the child is left in the child's home.
42 (16) Assessment of a situation involving an endangered adult (as
2024 IN 126—LS 6294/DI 106 5
1 defined in IC 12-10-3-2).
2 (17) Response to a sudden, unexpected infant death.
3 The cost of providing continuing education under this subsection shall
4 be paid from money in the state police training fund.
5 SECTION 3. IC 5-2-8-7, AS AMENDED BY P.L.217-2017,
6 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 7. (a) There is established the conservation
8 officers training fund. The department of natural resources shall
9 administer the fund. The fund consists of amounts collected under
10 IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and
11 IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on behalf of the department of
12 natural resources.
13 (b) If the department of natural resources files a claim under
14 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
15 county user fee fund, the fiscal officer of the city or town or the county
16 auditor shall deposit fees collected under the cause numbers submitted
17 by the department of natural resources into the conservation officers
18 training fund established under this section.
19 (c) Claims against the conservation officers training fund must be
20 submitted in accordance with IC 5-11-10.
21 (d) Money in excess of one hundred dollars ($100) that is
22 unencumbered and remains in the conservation officers' training fund
23 for at least one (1) entire calendar year from the date of its deposit
24 shall, at the end of the state's fiscal year, be deposited in the law
25 enforcement academy fund established under IC 5-2-1-13.
26 SECTION 4. IC 5-2-8-8, AS AMENDED BY P.L.217-2017,
27 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 8. (a) There is established the alcoholic beverage
29 enforcement officers' training fund. The alcohol and tobacco
30 commission shall administer the fund. The fund consists of amounts
31 collected under IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3),
32 IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on
33 behalf of the alcohol and tobacco commission.
34 (b) If the alcohol and tobacco commission files a claim under
35 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
36 county user fee fund, the fiscal officer of the city or town or the county
37 auditor shall deposit fees collected under the cause numbers submitted
38 by the alcohol and tobacco commission into the alcoholic beverage
39 enforcement officers' training fund established under this section.
40 (c) Claims against the alcoholic beverage enforcement officers'
41 training fund must be submitted in accordance with IC 5-11-10.
42 (d) Money in excess of one hundred dollars ($100) that is
2024 IN 126—LS 6294/DI 106 6
1 unencumbered and remains in the alcoholic beverage enforcement
2 officers' training fund for at least one (1) entire calendar year from the
3 date of its deposit shall, at the end of the state's fiscal year, be deposited
4 in the law enforcement academy fund established under IC 5-2-1-13.
5 SECTION 5. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2024].
6 (Controlled Substance Excise Tax).
7 SECTION 6. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
8 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
9 2024]:
10 ARTICLE 8. MEDICAL MARIJUANA
11 Chapter 1. Definitions
12 Sec. 1. The following definitions apply throughout this article:
13 (1) "Adequate supply for treatment" means the amount of
14 marijuana necessary to provide care for a treatable medical
15 condition for a thirty (30) day period, as determined by a
16 physician recommendation.
17 (2) "Marijuana" means any part of the plant genus Cannabis.
18 (3) "Medical marijuana card" means a valid card issued by
19 the regulatory agency that authorizes the individual to whom
20 the card is issued to possess marijuana.
21 (4) "Physician" means an individual holding an unlimited
22 license to practice medicine in Indiana.
23 (5) "Physician recommendation" means a written
24 recommendation that the use of marijuana may benefit a
25 particular patient suffering from a treatable medical
26 condition. A physician recommendation may specify an
27 adequate supply for treatment.
28 (6) "Qualified patient" means an individual who has been
29 issued a medical marijuana card by the regulatory agency.
30 (7) "Qualified primary caregiver" means the primary
31 caregiver for a qualified patient who has been issued a
32 medical marijuana card by the regulatory agency on behalf of
33 the qualified patient.
34 (8) "Regulatory agency" means the regulatory agency
35 established by IC 7.1-9-2-1.
36 (9) "Regulatory agency commission" means the regulatory
37 agency commissioners described in IC 7.1-9-2.
38 (10) "Treatable medical condition" means an illness or other
39 condition, the symptoms of which (including the side effects
40 and symptoms caused by any other treatment for the
41 condition) may be treated by the use of marijuana. The term
42 includes the following:
2024 IN 126—LS 6294/DI 106 7
1 (A) Acquired immune deficiency syndrome (AIDS) or
2 positive status for the human immunodeficiency virus
3 (HIV).
4 (B) Anorexia.
5 (C) Arthritis.
6 (D) Cachexia.
7 (E) Chronic cancer pain.
8 (F) Glaucoma.
9 (G) Migraine.
10 (H) Persistent muscle spasms, including spasms associated
11 with multiple sclerosis, Crohn's disease, or related
12 conditions.
13 (I) Seizures, including those characteristic of epilepsy.
14 (J) Severe nausea.
15 (K) Posttraumatic stress disorder.
16 (L) Any persistent or chronic illness or condition that, in
17 the opinion of a physician:
18 (i) substantially limits the ability of an individual to
19 conduct one (1) or more major life activities; or
20 (ii) may cause serious harm to a patient's safety or
21 mental or physical health if not alleviated;
22 if the illness or condition may be improved by the use of
23 marijuana.
24 (M) Any other illness or condition determined by the
25 regulatory agency to be a treatable medical condition.
26 Chapter 2. Qualified Patients and Qualified Primary Caregivers
27 Sec. 1. (a) An individual may apply to the regulatory agency to
28 be a qualified patient if the individual suffers from a treatable
29 medical condition. An individual may apply to the regulatory
30 agency to be a qualified primary caregiver if the individual for
31 whom the individual provides care suffers from a treatable medical
32 condition.
33 (b) To be approved as a qualified patient, an individual must
34 submit to the regulatory agency a physician recommendation
35 stating that the individual suffers from a treatable medical
36 condition. To be approved as a qualified primary caregiver, an
37 individual must submit to the regulatory agency a physician
38 recommendation stating that the individual for whom the caregiver
39 provides care suffers from a treatable medical condition.
40 (c) The regulatory agency shall issue to an individual a medical
41 marijuana card indicating that the individual is a qualified patient
42 or a qualified primary caregiver after:
2024 IN 126—LS 6294/DI 106 8
1 (1) receipt of a:
2 (A) completed application; and
3 (B) physician recommendation;
4 (2) verification that the individual who tendered the physician
5 recommendation is a licensed physician; and
6 (3) compliance with any other rule adopted by the regulatory
7 agency.
8 (d) An application for a medical marijuana card may be denied
9 for the following reasons:
10 (1) The application is not complete or required information is
11 missing.
12 (2) The applicant submits false information.
13 (3) The applicant does not meet the criteria required to obtain
14 a medical marijuana card.
15 (4) The individual who tendered the physician
16 recommendation is not a licensed physician.
17 (e) A medical marijuana card issued under this section is valid
18 for two (2) years, unless the physician recommendation expressly
19 recommends a shorter period.
20 (f) The regulatory agency may charge a reasonable fee, not to
21 exceed one hundred dollars ($100), to apply for a medical
22 marijuana card. The fee shall be deposited in the state general
23 fund.
24 (g) Except as provided in subsection (h), for purposes of
25 IC 5-14-3-4(a)(1), the following information is confidential, may
26 not be published, and is not open to public inspection:
27 (1) Information submitted by an individual under this section
28 to obtain a medical marijuana card.
29 (2) Information obtained by a federal, state, or local
30 government entity in the course of an investigation concerning
31 an individual who applies to obtain a medical marijuana card.
32 (3) The name and address of the individual, and any other
33 information that may be used to identify an individual, who
34 holds a medical marijuana card.
35 (h) Notwithstanding subsection (g):
36 (1) any information concerning an individual who applies for,
37 or an individual who holds, a medical marijuana card may be
38 released to a federal, state, or local government entity:
39 (A) for law enforcement purposes; or
40 (B) to determine the validity of a medical marijuana card;
41 and
42 (2) general information concerning the issuance of a medical
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1 marijuana card in Indiana may be released to a person
2 conducting journalistic or academic research (including the
3 research described in IC 7.1-9-5), but only if all personal
4 information that may be used to identify any individual who
5 applies for or holds a medical marijuana card issued under
6 this chapter has been removed from the general information.
7 (i) A person who knowingly or intentionally violates this section
8 by releasing confidential information commits disclosure of
9 confidential medical information, a Class B misdemeanor.
10 (j) A person who knowingly makes a material misstatement in
11 an application for a medical marijuana card under this section
12 commits fraudulent application for a medical marijuana card, a
13 Class B misdemeanor.
14 Sec. 2. A qualified patient or qualified primary caregiver may:
15 (1) possess the greater of:
16 (A) eight (8) ounces or less of dried marijuana; or
17 (B) an adequate supply for treatment as set forth in a
18 physician recommendation; and
19 (2) possess, grow, or cultivate not more than twelve (12)
20 marijuana plants.
21 Sec. 3. (a) A qualified primary caregiver may deliver to, or
22 possess with intent to deliver to, a qualified patient for whom the
23 caregiver is the primary caregiver:
24 (1) the greater of:
25 (A) eight (8) ounces or less of dried marijuana; or
26 (B) an adequate supply for treatment as set forth in a
27 physician recommendation; and
28 (2) not more than twelve (12) marijuana plants.
29 (b) A qualified primary caregiver may possess, grow, or
30 cultivate not more than twelve (12) marijuana plants for use by a
31 qualified patient for whom the individual is the primary caregiver.
32 Sec. 4. The medical licensing board may not take an adverse
33 action against a physician who makes a physician recommendation
34 in good faith under this article if the sole basis for taking the
35 adverse action is the physician recommendation.
36 SECTION 7. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
37 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
38 2024]:
39 ARTICLE 9. REGULATION OF MEDICAL MARIJUANA
40 Chapter 1. Definitions
41 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
42 article.
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1 Chapter 2. General Provisions
2 Sec. 1. A regulatory agency to be named by the governor is
3 established as an agency of the state for purposes of administering
4 the medical marijuana program.
5 Sec. 2. (a) The regulatory agency consists of:
6 (1) the regulatory agency commission;
7 (2) the executive director; and
8 (3) other employees necessary to carry out the duties of the
9 regulatory agency.
10 (b) The regulatory agency commission is established as a
11 continuing commission of the executive branch.
12 (c) The regulatory agency commission consists of four (4)
13 commissioners, who shall direct and oversee the operation of the
14 regulatory agency.
15 Sec. 3. (a) The regulatory agency commissioners shall be
16 appointed by the governor.
17 (b) A commissioner serves for a term that ends June 30 of the
18 next odd-numbered year after appointment. A commissioner is
19 eligible for reappointment.
20 (c) Not more than two (2) commissioners may belong to the
21 same political party.
22 (d) A commissioner serves the commissioner's term at the
23 pleasure of the governor.
24 Sec. 4. To be eligible for appointment as a commissioner, an
25 individual must have the following qualifications:
26 (1) The individual may not be employed by the state in any
27 other capacity.
28 (2) The individual must have good moral character.
29 (3) The individual must have been a resident of Indiana for at
30 least ten (10) years immediately preceding the appointment.
31 Sec. 5. The governor shall appoint one (1) commissioner to serve
32 as chairperson of the regulatory agency commission, and one (1)
33 commissioner to serve as vice chairperson. The vice chairperson
34 shall act as the chairperson if the chairperson is unable to attend
35 a meeting of the regulatory agency commission. The chairperson
36 and vice chairperson serve at the pleasure of the governor.
37 Sec. 6. A commissioner appointed to fill a vacancy in the
38 membership of the regulatory agency commission shall serve only
39 for the unexpired part of the original, vacated term. In all other
40 respects, an appointment to fill a vacancy shall be made in the
41 same manner that an original appointment is made.
42 Sec. 7. (a) As compensation for services, each commissioner is
2024 IN 126—LS 6294/DI 106 11
1 entitled to the minimum salary per diem provided by
2 IC 4-10-11-2.1(b). A commissioner is also entitled to
3 reimbursement for traveling expenses as provided under
4 IC 4-13-1-4 and other expenses actually incurred in connection
5 with the commissioner's duties as provided in the state policies and
6 procedures established by the Indiana department of
7 administration and approved by the budget agency.
8 (b) The expenses of the regulatory agency commission shall be
9 paid from funds appropriated to the regulatory agency.
10 Sec. 8. Each commissioner shall execute:
11 (1) a surety bond in the amount of ten thousand dollars
12 ($10,000), with surety approved by the governor; and
13 (2) an oath of office.
14 The surety bond and the oath of office shall be filed in the office of
15 the secretary of state.
16 Sec. 9. The required surety bond executed and filed on behalf of
17 a commissioner shall be made payable to the state of Indiana and
18 conditioned upon the faithful discharge of the commissioner's
19 duties.
20 Sec. 10. The regulatory agency commission shall hold meetings
21 at the call of the chairperson. The regulatory agency commission
22 may establish rules governing meetings.
23 Sec. 11. (a) Three (3) regulatory agency commissioners
24 constitute a quorum for the transaction of business.
25 (b) Each commissioner has one (1) vote.
26 (c) Action of the regulatory agency commission may be taken
27 only upon the affirmative votes of at least two (2) commissioners.
28 If a vote is a tie, the position for which the chairperson voted
29 prevails, as long as that position has received the affirmative votes
30 of at least two (2) commissioners.
31 (d) The regulatory agency shall staff the regulatory agency
32 commission.
33 Sec. 12. A commissioner may not solicit or accept a political
34 contribution from a qualified patient, qualified primary caregiver,
35 or any individual or entity that has a permit or has applied for a
36 permit issued by the regulatory agency. However, the right of a
37 commissioner to vote as the commissioner chooses and to express
38 the commissioner's opinions on political subjects and candidates
39 may not be impaired.
40 Chapter 3. Employees and Administration
41 Sec. 1. (a) The regulatory agency commission shall appoint an
42 executive director to assist the regulatory agency in the efficient
2024 IN 126—LS 6294/DI 106 12
1 administration of its powers and duties.
2 (b) The regulatory agency commission shall fix the salary of the
3 executive director, subject to the approval of the budget agency.
4 Sec. 2. The regulatory agency has the power to employ all
5 necessary employees, determine their duties, and, subject to the
6 approval of the regulatory agency commission and the budget
7 agency, fix their salaries.
8 Chapter 4. Powers and Duties
9 Sec. 1. The chairperson is the presiding officer at the meetings
10 of the regulatory agency commission. The chairperson, together
11 with the executive director, shall prepare, certify, and authenticate
12 all proceedings, minutes, records, rules, and regulations of the
13 regulatory agency commission. The chairperson shall also perform
14 all other duties as imposed on the chairperson by this article.
15 Sec. 2. The regulatory agency has the power to organize its
16 work, to enforce and administer this article and IC 7.1-8, and to
17 enforce and administer the rules adopted by the regulatory agency.
18 Sec. 3. The regulatory agency shall adopt rules under IC 4-22-2
19 to prescribe the forms for all applications, documents, permits,
20 medical marijuana cards, and licenses used in the administration
21 of this article and IC 7.1-8.
22 Sec. 4. The regulatory agency has the following powers:
23 (1) To hold hearings before the regulatory agency or its
24 representative.
25 (2) To take testimony and receive evidence.
26 (3) To conduct inquiries with or without a hearing.
27 (4) To receive reports of investigators or other governmental
28 officers and employees.
29 (5) To administer oaths.
30 (6) To subpoena witnesses and to compel them to appear and
31 testify.
32 (7) To certify copies of records of the regulatory agency or
33 any other document or record on file with the regulatory
34 agency.
35 (8) To fix the form, mode, manner, time, and number of times
36 for the posting or publication of any required notices if not
37 otherwise provided.
38 (9) To adopt rules under IC 4-22-2 to carry out this article
39 and IC 7.1-8.
40 Sec. 5. The regulatory agency has the following duties:
41 (1) To establish the medical marijuana program described in
42 IC 7.1-8 and to adopt all necessary rules to implement the
2024 IN 126—LS 6294/DI 106 13
1 program.
2 (2) To implement protocols for the application and issuance
3 of a medical marijuana card, including protocols to:
4 (A) prevent fraud;
5 (B) ensure the accuracy of information contained in the
6 application; and
7 (C) protect the privacy of an applicant.
8 (3) To advise the general assembly concerning the
9 establishment of a program for the:
10 (A) manufacture;
11 (B) cultivation;
12 (C) transportation; and
13 (D) dispensing;
14 of medical marijuana.
15 (4) To encourage research concerning medical marijuana and
16 issue licenses as described in IC 7.1-9-5.
17 Chapter 5. Research and Development
18 Sec. 1. To permit and encourage research concerning medical
19 marijuana:
20 (1) an accredited institution of higher education with a
21 physical presence in Indiana; and
22 (2) a pharmaceutical or agricultural business having a
23 research facility in Indiana;
24 may apply to the regulatory agency for a license to conduct
25 research concerning medical marijuana.
26 Sec. 2. An application under this chapter must include the
27 following:
28 (1) The nature of the research project.
29 (2) The names of the individuals who will conduct the
30 research project.
31 (3) The approximate quantity of marijuana that will be used
32 in the research project.
33 (4) The security protocol to be implemented to ensure that
34 marijuana is not diverted for uses other than the research
35 project.
36 (5) Any other information required by the regulatory agency.
37 Sec. 3. Upon receipt of a completed application, the regulatory
38 agency may issue a research license to the accredited institution of
39 higher education or pharmaceutical or agricultural business. The
40 research license must specifically list the names of each individual
41 participating in the research project who will have custody or
42 control of marijuana for research purposes and the approximate
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1 quantity of the marijuana that will be used in the research project.
2 Sec. 4. The regulatory agency may charge a reasonable fee for
3 issuance of a research license.
4 SECTION 8. IC 15-16-7-8 IS REPEALED [EFFECTIVE JULY 1,
5 2024]. Sec. 8. In addition to the weed control board's powers and duties
6 under section 7 of this chapter, the weed control board may establish
7 a marijuana eradication program to eliminate and destroy wild
8 marijuana plants within the county. The program is funded by amounts
9 appropriated by the county:
10 (1) under IC 33-37-8; and
11 (2) from the county general fund.
12 SECTION 9. IC 33-37-4-1, AS AMENDED BY P.L.120-2023,
13 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 1. (a) For each action that results in a felony
15 conviction under IC 35-50-2 or a misdemeanor conviction under
16 IC 35-50-3, the clerk shall collect from the defendant a criminal costs
17 fee of one hundred twenty dollars ($120).
18 (b) In addition to the criminal costs fee collected under this section,
19 the clerk shall collect from the defendant the following fees if they are
20 required under IC 33-37-5:
21 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
22 IC 33-37-5-4).
23 (2) A marijuana eradication program fee (IC 33-37-5-7).
24 (3) (2) An alcohol and drug services program fee (IC
25 33-37-5-8(b)).
26 (4) (3) A law enforcement continuing education program fee (IC
27 33-37-5-8(c)).
28 (5) (4) A drug abuse, prosecution, interdiction, and correction fee
29 (IC 33-37-5-9).
30 (6) (5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
31 (7) (6) A child abuse prevention fee (IC 33-37-5-12).
32 (8) (7) A domestic violence prevention and treatment fee (IC
33 33-37-5-13).
34 (9) (8) A highway worksite fee (IC 33-37-5-14).
35 (10) (9) A deferred prosecution fee (IC 33-37-5-17).
36 (11) (10) A document storage fee (IC 33-37-5-20).
37 (12) (11) An automated record keeping fee (IC 33-37-5-21).
38 (13) (12) A late payment fee (IC 33-37-5-22).
39 (14) (13) A sexual assault victims assistance fee (IC 33-37-5-23).
40 (15) (14) A public defense administration fee (IC 33-37-5-21.2).
41 (16) (15) A judicial insurance adjustment fee (IC 33-37-5-25).
42 (17) (16) A judicial salaries fee (IC 33-37-5-26).
2024 IN 126—LS 6294/DI 106 15
1 (18) (17) A court administration fee (IC 33-37-5-27).
2 (19) (18) A DNA sample processing fee (IC 33-37-5-26.2).
3 (c) Instead of the criminal costs fee prescribed by this section,
4 except for the automated record keeping fee (IC 33-37-5-21), the clerk
5 shall collect a pretrial diversion program fee if an agreement between
6 the prosecuting attorney and the accused person entered into under
7 IC 33-39-1-8 requires payment of those fees by the accused person.
8 The pretrial diversion program fee is:
9 (1) an initial user's fee of fifty dollars ($50) for a misdemeanor
10 offense;
11 (2) an initial user's fee of seventy-five dollars ($75) for a felony
12 offense;
13 (3) a monthly user's fee of twenty dollars ($20) for each month
14 that the person remains in the pretrial diversion program; and
15 (4) any additional program fee or cost that is:
16 (A) reasonably related to the person's rehabilitation; and
17 (B) approved by the court.
18 A monthly user fee may not be collected beyond the maximum length
19 of the possible sentence.
20 (d) The clerk shall transfer to the county auditor or city or town
21 fiscal officer the following fees, not later than thirty (30) days after the
22 fees are collected:
23 (1) The pretrial diversion fee.
24 (2) The marijuana eradication program fee.
25 (3) (2) The alcohol and drug services program fee.
26 (4) (3) The law enforcement continuing education program fee.
27 The auditor or fiscal officer shall deposit fees transferred under this
28 subsection in the appropriate user fee fund established under
29 IC 33-37-8.
30 (e) Unless otherwise directed by a court, if a clerk collects only part
31 of a criminal costs fee from a defendant under this section, the clerk
32 shall distribute the partial payment of the criminal costs fee as follows:
33 (1) The clerk shall apply the partial payment to general court
34 costs.
35 (2) If there is money remaining after the partial payment is
36 applied to general court costs under subdivision (1), the clerk
37 shall distribute the remainder of the partial payment for deposit in
38 the appropriate county user fee fund.
39 (3) If there is money remaining after distribution under
40 subdivision (2), the clerk shall distribute the remainder of the
41 partial payment for deposit in the state user fee fund.
42 (4) If there is money remaining after distribution under
2024 IN 126—LS 6294/DI 106 16
1 subdivision (3), the clerk shall distribute the remainder of the
2 partial payment to any other applicable user fee fund.
3 (5) If there is money remaining after distribution under
4 subdivision (4), the clerk shall apply the remainder of the partial
5 payment to any outstanding fines owed by the defendant.
6 SECTION 10. IC 33-37-4-3, AS AMENDED BY P.L.85-2017,
7 SECTION 110, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The clerk shall collect a
9 juvenile costs fee of one hundred twenty dollars ($120) for each action
10 filed under any of the following:
11 (1) IC 31-34 (children in need of services).
12 (2) IC 31-37 (delinquent children).
13 (3) IC 31-14 (paternity).
14 (b) In addition to the juvenile costs fee collected under this section,
15 the clerk shall collect the following fees, if they are required under
16 IC 33-37-5:
17 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
18 IC 33-37-5-4).
19 (2) A marijuana eradication program fee (IC 33-37-5-7).
20 (3) (2) An alcohol and drug services program fee (IC
21 33-37-5-8(b)).
22 (4) (3) A law enforcement continuing education program fee (IC
23 33-37-5-8(c)).
24 (5) (4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
25 (6) (5) A document storage fee (IC 33-37-5-20).
26 (7) (6) An automated record keeping fee (IC 33-37-5-21).
27 (8) (7) A late payment fee (IC 33-37-5-22).
28 (9) (8) A public defense administration fee (IC 33-37-5-21.2).
29 (10) (9) A judicial insurance adjustment fee (IC 33-37-5-25).
30 (11) (10) A judicial salaries fee (IC 33-37-5-26).
31 (12) (11) A court administration fee (IC 33-37-5-27).
32 (13) (12) A DNA sample processing fee (IC 33-37-5-26.2).
33 (c) The clerk shall transfer to the county auditor or city or town
34 fiscal officer the following fees not later than thirty (30) days after they
35 are collected:
36 (1) The marijuana eradication program fee (IC 33-37-5-7).
37 (2) (1) The alcohol and drug services program fee (IC
38 33-37-5-8(b)).
39 (3) (2) The law enforcement continuing education program fee
40 (IC 33-37-5-8(c)).
41 The auditor or fiscal officer shall deposit the fees in the appropriate
42 user fee fund established under IC 33-37-8.
2024 IN 126—LS 6294/DI 106 17
1 SECTION 11. IC 33-37-5-7 IS REPEALED [EFFECTIVE JULY 1,
2 2024]. Sec. 7. (a) This section applies to criminal actions.
3 (b) The clerk shall collect the marijuana eradication program fee set
4 by the court under IC 15-16-7-8, if:
5 (1) a weed control board has been established in the county under
6 IC 15-16-7-3; and
7 (2) the person has been convicted of an offense under IC 35-48-4
8 in a case prosecuted in that county.
9 (c) The court may set a fee under this section of not more than three
10 hundred dollars ($300).
11 SECTION 12. IC 33-37-7-2, AS AMENDED BY THE
12 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
13 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 2. (a) The clerk of a circuit court shall distribute
15 semiannually to the auditor of state comptroller as the state share for
16 deposit in the homeowner protection unit account established by
17 IC 4-6-12-9 one hundred percent (100%) of the automated record
18 keeping fees collected under IC 33-37-5-21 with respect to actions
19 resulting in the accused person entering into a pretrial diversion
20 program agreement under IC 33-39-1-8 or a deferral program
21 agreement under IC 34-28-5-1 and for deposit in the state general fund
22 seventy percent (70%) of the amount of fees collected under the
23 following:
24 (1) IC 33-37-4-1(a) (criminal costs fees).
25 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
26 (3) IC 33-37-4-3(a) (juvenile costs fees).
27 (4) IC 33-37-4-4(a) (civil costs fees).
28 (5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
29 (6) IC 33-37-4-7(a) (probate costs fees).
30 (7) IC 33-37-5-17 (deferred prosecution fees).
31 (b) The clerk of a circuit court shall distribute semiannually to the
32 auditor of state comptroller for deposit in the state user fee fund
33 established in IC 33-37-9-2 the following:
34 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
35 interdiction, and correction fees collected under
36 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
37 (2) Twenty-five percent (25%) of the alcohol and drug
38 countermeasures fees collected under IC 33-37-4-1(b)(6),
39 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
40 IC 33-37-4-3(b)(4).
41 (3) One hundred percent (100%) of the child abuse prevention
42 fees collected under IC 33-37-4-1(b)(7). IC 33-37-4-1(b)(6).
2024 IN 126—LS 6294/DI 106 18
1 (4) One hundred percent (100%) of the domestic violence
2 prevention and treatment fees collected under IC 33-37-4-1(b)(8).
3 IC 33-37-4-1(b)(7).
4 (5) One hundred percent (100%) of the highway worksite fees
5 collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
6 IC 33-37-4-2(b)(5).
7 (6) Seventy-five percent (75%) of the safe schools fee collected
8 under IC 33-37-5-18.
9 (7) One hundred percent (100%) of the automated record keeping
10 fee collected under IC 33-37-5-21 not distributed under
11 subsection (a).
12 (c) The clerk of a circuit court shall distribute monthly to the county
13 auditor the following:
14 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
15 interdiction, and correction fees collected under
16 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
17 (2) Seventy-five percent (75%) of the alcohol and drug
18 countermeasures fees collected under IC 33-37-4-1(b)(6),
19 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
20 IC 33-37-4-3(b)(4).
21 The county auditor shall deposit fees distributed by a clerk under this
22 subsection into the county drug free community fund established under
23 IC 5-2-11.
24 (d) The clerk of a circuit court shall distribute monthly to the county
25 auditor one hundred percent (100%) of the late payment fees collected
26 under IC 33-37-5-22. The county auditor shall deposit fees distributed
27 by a clerk under this subsection as follows:
28 (1) If directed to do so by an ordinance adopted by the county
29 fiscal body, the county auditor shall deposit forty percent (40%)
30 of the fees in the clerk's record perpetuation fund established
31 under IC 33-37-5-2 and sixty percent (60%) of the fees in the
32 county general fund.
33 (2) If the county fiscal body has not adopted an ordinance
34 described in subdivision (1), the county auditor shall deposit all
35 the fees in the county general fund.
36 (e) The clerk of the circuit court shall distribute semiannually to the
37 auditor of state comptroller for deposit in the sexual assault victims
38 assistance fund established by IC 5-2-6-23(d) one hundred percent
39 (100%) of the sexual assault victims assistance fees collected under
40 IC 33-37-5-23.
41 (f) The clerk of a circuit court shall distribute monthly to the county
42 auditor the following:
2024 IN 126—LS 6294/DI 106 19
1 (1) One hundred percent (100%) of the support and maintenance
2 fees for cases designated as non-Title IV-D child support cases in
3 the Indiana support enforcement tracking system (ISETS) or the
4 successor statewide automated support enforcement system
5 collected under IC 33-37-5-6.
6 (2) The percentage share of the support and maintenance fees for
7 cases designated as Title IV-D child support cases in ISETS or the
8 successor statewide automated support enforcement system
9 collected under IC 33-37-5-6 that is reimbursable to the county at
10 the federal financial participation rate.
11 The county clerk shall distribute monthly to the department of child
12 services the percentage share of the support and maintenance fees for
13 cases designated as Title IV-D child support cases in ISETS, or the
14 successor statewide automated support enforcement system, collected
15 under IC 33-37-5-6 that is not reimbursable to the county at the
16 applicable federal financial participation rate.
17 (g) The clerk of a circuit court shall distribute monthly to the county
18 auditor the following:
19 (1) One hundred percent (100%) of the small claims service fee
20 under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
21 the county general fund.
22 (2) One hundred percent (100%) of the small claims garnishee
23 service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
24 deposit in the county general fund.
25 (3) Twenty-five percent (25%) of the safe schools fee collected
26 under IC 33-37-5-18 for deposit in the county general fund.
27 (h) This subsection does not apply to court administration fees
28 collected in small claims actions filed in a court described in IC 33-34.
29 The clerk of a circuit court shall semiannually distribute to the auditor
30 of state comptroller for deposit in the state general fund one hundred
31 percent (100%) of the following:
32 (1) The public defense administration fee collected under
33 IC 33-37-5-21.2.
34 (2) The judicial salaries fees collected under IC 33-37-5-26.
35 (3) The DNA sample processing fees collected under
36 IC 33-37-5-26.2.
37 (4) The court administration fees collected under IC 33-37-5-27.
38 (5) The judicial insurance adjustment fee collected under
39 IC 33-37-5-25.
40 (i) The proceeds of the service fee collected under
41 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
42 follows:
2024 IN 126—LS 6294/DI 106 20
1 (1) The clerk shall distribute one hundred percent (100%) of the
2 service fees collected in a circuit, superior, county, or probate
3 court to the county auditor for deposit in the county general fund.
4 (2) The clerk shall distribute one hundred percent (100%) of the
5 service fees collected in a city or town court to the city or town
6 fiscal officer for deposit in the city or town general fund.
7 (j) The proceeds of the garnishee service fee collected under
8 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
9 follows:
10 (1) The clerk shall distribute one hundred percent (100%) of the
11 garnishee service fees collected in a circuit, superior, county, or
12 probate court to the county auditor for deposit in the county
13 general fund.
14 (2) The clerk shall distribute one hundred percent (100%) of the
15 garnishee service fees collected in a city or town court to the city
16 or town fiscal officer for deposit in the city or town general fund.
17 (k) The clerk of the circuit court shall distribute semiannually to the
18 auditor of state comptroller for deposit in the home ownership
19 education account established by IC 5-20-1-27 one hundred percent
20 (100%) of the following:
21 (1) The mortgage foreclosure counseling and education fees
22 collected under IC 33-37-5-33 (before its expiration on July 1,
23 2017).
24 (2) Any civil penalties imposed and collected by a court for a
25 violation of a court order in a foreclosure action under
26 IC 32-30-10.5.
27 (l) The clerk of a circuit court shall distribute semiannually to the
28 auditor of state comptroller for deposit in the pro bono legal services
29 fund established by IC 33-37-5-34 one hundred percent (100%) of the
30 pro bono legal services fees collected before July 1, 2025, under
31 IC 33-37-5-31.
32 SECTION 13. IC 33-37-7-8, AS AMENDED BY THE
33 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
34 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 8. (a) The clerk of a city or town court shall
36 distribute semiannually to the auditor of state comptroller as the state
37 share for deposit in the homeowner protection unit account established
38 by IC 4-6-12-9 one hundred percent (100%) of the automated record
39 keeping fees collected under IC 33-37-5-21 with respect to actions
40 resulting in the accused person entering into a pretrial diversion
41 program agreement under IC 33-39-1-8 or a deferral program
42 agreement under IC 34-28-5-1 and for deposit in the state general fund
2024 IN 126—LS 6294/DI 106 21
1 fifty-five percent (55%) of the amount of fees collected under the
2 following:
3 (1) IC 33-37-4-1(a) (criminal costs fees).
4 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
5 (3) IC 33-37-4-4(a) (civil costs fees).
6 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
7 (5) IC 33-37-5-17 (deferred prosecution fees).
8 (b) The city or town fiscal officer shall distribute monthly to the
9 county auditor as the county share twenty percent (20%) of the amount
10 of fees collected under the following:
11 (1) IC 33-37-4-1(a) (criminal costs fees).
12 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
13 (3) IC 33-37-4-4(a) (civil costs fees).
14 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
15 (5) IC 33-37-5-17 (deferred prosecution fees).
16 (c) The city or town fiscal officer shall retain twenty-five percent
17 (25%) as the city or town share of the fees collected under the
18 following:
19 (1) IC 33-37-4-1(a) (criminal costs fees).
20 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
21 (3) IC 33-37-4-4(a) (civil costs fees).
22 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
23 (5) IC 33-37-5-17 (deferred prosecution fees).
24 (d) The clerk of a city or town court shall distribute semiannually to
25 the auditor of state comptroller for deposit in the state user fee fund
26 established in IC 33-37-9 the following:
27 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
28 interdiction, and correction fees collected under
29 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
30 (2) Twenty-five percent (25%) of the alcohol and drug
31 countermeasures fees collected under IC 33-37-4-1(b)(6),
32 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
33 IC 33-37-4-3(b)(4).
34 (3) One hundred percent (100%) of the highway worksite fees
35 collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
36 IC 33-37-4-2(b)(5).
37 (4) Seventy-five percent (75%) of the safe schools fee collected
38 under IC 33-37-5-18.
39 (5) One hundred percent (100%) of the automated record keeping
40 fee collected under IC 33-37-5-21 not distributed under
41 subsection (a).
42 (e) The clerk of a city or town court shall distribute monthly to the
2024 IN 126—LS 6294/DI 106 22
1 county auditor the following:
2 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
3 interdiction, and correction fees collected under
4 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
5 (2) Seventy-five percent (75%) of the alcohol and drug
6 countermeasures fees collected under IC 33-37-4-1(b)(6),
7 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
8 IC 33-37-4-3(b)(4).
9 The county auditor shall deposit fees distributed by a clerk under this
10 subsection into the county drug free community fund established under
11 IC 5-2-11.
12 (f) The clerk of a city or town court shall distribute monthly to the
13 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
14 percent (100%) of the following:
15 (1) The late payment fees collected under IC 33-37-5-22.
16 (2) The small claims service fee collected under
17 IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
18 (3) The small claims garnishee service fee collected under
19 IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
20 (4) Twenty-five percent (25%) of the safe schools fee collected
21 under IC 33-37-5-18.
22 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
23 fees distributed by a clerk under this subsection in the city or town
24 general fund.
25 (g) The clerk of a city or town court shall semiannually distribute to
26 the auditor of state comptroller for deposit in the state general fund
27 one hundred percent (100%) of the following:
28 (1) The public defense administration fee collected under
29 IC 33-37-5-21.2.
30 (2) The DNA sample processing fees collected under
31 IC 33-37-5-26.2.
32 (3) The court administration fees collected under IC 33-37-5-27.
33 (4) The judicial insurance adjustment fee collected under
34 IC 33-37-5-25.
35 (h) The clerk of a city or town court shall semiannually distribute to
36 the auditor of state comptroller for deposit in the state general fund
37 seventy-five percent (75%) of the judicial salaries fee collected under
38 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
39 percent (25%) of the judicial salaries fee collected under
40 IC 33-37-5-26. The funds retained by the city or town shall be
41 prioritized to fund city or town court operations.
42 (i) The clerk of a city or town court shall distribute semiannually to
2024 IN 126—LS 6294/DI 106 23
1 the auditor of state comptroller for deposit in the pro bono legal
2 services fund established by IC 33-37-5-34 one hundred percent
3 (100%) of the pro bono legal services fees collected before July 1,
4 2025, under IC 33-37-5-31.
5 SECTION 14. IC 33-37-8-5, AS AMENDED BY P.L.101-2022,
6 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 5. (a) A county user fee fund is established in each
8 county to finance various program services. The county fund is
9 administered by the county auditor.
10 (b) The county fund consists of the following fees collected by a
11 clerk under this article:
12 (1) The pretrial diversion program fee.
13 (2) The marijuana eradication program fee.
14 (3) (2) The alcohol and drug services program fee.
15 (4) (3) The law enforcement continuing education program fee.
16 (5) (4) The deferral program fee.
17 (6) (5) The jury fee.
18 (7) (6) The problem solving court fee.
19 (c) All of the jury fee and two dollars ($2) of a deferral program fee
20 collected under IC 33-37-4-2(e) shall be deposited by the county
21 auditor in the jury pay fund established under IC 33-37-11.
22 SECTION 15. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
23 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 8.3. (a) This section does not apply to a rolling
25 paper.
26 (b) A person who knowingly or intentionally possesses an
27 instrument, a device, or another object that the person intends to use
28 for:
29 (1) introducing into the person's body a controlled substance;
30 (2) testing the strength, effectiveness, or purity of a controlled
31 substance; or
32 (3) enhancing the effect of a controlled substance;
33 commits a Class C misdemeanor. However, the offense is a Class A
34 misdemeanor if the person has a prior unrelated judgment or conviction
35 under this section.
36 (c) It is a defense to an action or prosecution under this section
37 that:
38 (1) the person who possesses the instrument, device, or other
39 object is a:
40 (A) qualified patient (as defined in IC 7.1-8-1) or qualified
41 primary caregiver (as defined in IC 7.1-8-1); or
42 (B) person listed on a valid marijuana research license
2024 IN 126—LS 6294/DI 106 24
1 issued by the regulatory agency under IC 7.1-9; and
2 (2) the instrument, device, or other object is for the use of
3 medical marijuana or research relating to the use of medical
4 marijuana.
5 SECTION 16. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
6 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 10. (a) A person who:
8 (1) knowingly or intentionally:
9 (A) manufactures;
10 (B) finances the manufacture of;
11 (C) delivers; or
12 (D) finances the delivery of;
13 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
14 (2) possesses, with intent to:
15 (A) manufacture;
16 (B) finance the manufacture of;
17 (C) deliver; or
18 (D) finance the delivery of;
19 marijuana, hash oil, hashish, or salvia, pure or adulterated;
20 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
21 misdemeanor, except as provided in subsections (b) through (d).
22 (b) A person may be convicted of an offense under subsection (a)(2)
23 only if:
24 (1) there is evidence in addition to the weight of the drug that the
25 person intended to manufacture, finance the manufacture of,
26 deliver, or finance the delivery of the drug; or
27 (2) the amount of the drug involved is at least:
28 (A) ten (10) pounds, if the drug is marijuana; or
29 (B) three hundred (300) grams, if the drug is hash oil, hashish,
30 or salvia.
31 (c) The offense is a Level 6 felony if:
32 (1) the person has a prior conviction for a drug offense and the
33 amount of the drug involved is:
34 (A) less than thirty (30) grams of marijuana; or
35 (B) less than five (5) grams of hash oil, hashish, or salvia; or
36 (2) the amount of the drug involved is:
37 (A) at least thirty (30) grams but less than ten (10) pounds of
38 marijuana; or
39 (B) at least five (5) grams but less than three hundred (300)
40 grams of hash oil, hashish, or salvia.
41 (d) The offense is a Level 5 felony if:
42 (1) the person has a prior conviction for a drug dealing offense
2024 IN 126—LS 6294/DI 106 25
1 and the amount of the drug involved is:
2 (A) at least thirty (30) grams but less than ten (10) pounds of
3 marijuana; or
4 (B) at least five (5) grams but less than three hundred (300)
5 grams of hash oil, hashish, or salvia;
6 (2) the:
7 (A) amount of the drug involved is:
8 (i) at least ten (10) pounds of marijuana; or
9 (ii) at least three hundred (300) grams of hash oil, hashish,
10 or salvia; or
11 (B) offense involved a sale to a minor; or
12 (3) the:
13 (A) person is a retailer;
14 (B) marijuana, hash oil, hashish, or salvia is packaged in a
15 manner that appears to be low THC hemp extract; and
16 (C) person knew or reasonably should have known that the
17 product was marijuana, hash oil, hashish, or salvia.
18 (e) It is a defense to a prosecution under this section for an
19 offense involving marijuana, hash oil, or hashish that the person is
20 a:
21 (1) qualified primary caregiver (as defined in IC 7.1-8-1), if:
22 (A) the possession or delivery of the marijuana, hash oil, or
23 hashish is permitted under IC 7.1-8-2-3; and
24 (B) the quantity of marijuana, hash oil, or hashish
25 possessed or delivered does not exceed the permissible
26 amounts set forth in IC 7.1-8-2-3; or
27 (2) person listed on a valid marijuana research license issued
28 by the regulatory agency under IC 7.1-9, if:
29 (A) the possession or delivery of the marijuana, hash oil, or
30 hashish is permitted by the research license issued by the
31 regulatory agency under IC 7.1-9-5; and
32 (B) the quantity of marijuana, hash oil, or hashish
33 possessed or delivered does not exceed the permissible
34 quantity authorized by the research license issued by the
35 regulatory agency.
36 SECTION 17. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
37 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 11. (a) A person who:
39 (1) knowingly or intentionally possesses (pure or adulterated)
40 marijuana, hash oil, hashish, or salvia;
41 (2) knowingly or intentionally grows or cultivates marijuana; or
42 (3) knowing that marijuana is growing on the person's premises,
2024 IN 126—LS 6294/DI 106 26
1 fails to destroy the marijuana plants;
2 commits possession of marijuana, hash oil, hashish, or salvia, a Class
3 B misdemeanor, except as provided in subsections (b) through (c).
4 (b) The offense described in subsection (a) is a Class A
5 misdemeanor if:
6 (1) the person has a prior conviction for a drug offense; or
7 (2) the:
8 (A) marijuana, hash oil, hashish, or salvia is packaged in a
9 manner that appears to be low THC hemp extract; and
10 (B) person knew or reasonably should have known that the
11 product was marijuana, hash oil, hashish, or salvia.
12 (c) The offense described in subsection (a) is a Level 6 felony if:
13 (1) the person has a prior conviction for a drug offense; and
14 (2) the person possesses:
15 (A) at least thirty (30) grams of marijuana; or
16 (B) at least five (5) grams of hash oil, hashish, or salvia.
17 (d) It is a defense to a prosecution under this section for an
18 offense involving marijuana, hash oil, or hashish that the person is
19 a:
20 (1) qualified patient (as defined in IC 7.1-8-1) or qualified
21 primary caregiver (as defined in IC 7.1-8-1), if:
22 (A) the possession or cultivation of the marijuana, hash oil,
23 or hashish is permitted under IC 7.1-8-2-2; and
24 (B) the quantity of marijuana, hash oil, or hashish
25 possessed or cultivated does not exceed the permissible
26 amounts set forth in IC 7.1-8-2-2; or
27 (2) person listed on a valid marijuana research license issued
28 by the regulatory agency under IC 7.1-9, if:
29 (A) the possession or cultivation of the marijuana, hash oil,
30 or hashish is permitted by the research license issued by
31 the regulatory agency under IC 7.1-9-5; and
32 (B) the quantity of marijuana, hash oil, or hashish
33 possessed or cultivated does not exceed the permissible
34 quantity authorized by the research license issued by the
35 regulatory agency.
36 SECTION 18. IC 35-52-7-97 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2024]: Sec. 97. IC 7.1-8-2-1 defines crimes
39 concerning medical marijuana.
2024 IN 126—LS 6294/DI 106