Indiana 2024 Regular Session

Indiana Senate Bill SB0126 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. 126
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5-48; IC 5-2-8; IC 6-7-3; IC 7.1-8; IC 7.1-9;
7	7	IC 15-16-7-8; IC 33-37; IC 35-48-4; IC 35-52-7-97.
8	8	Synopsis: Medical cannabis. Establishes a medical marijuana program
9	9	(program), and permits caregivers and patients who have received a
10	10	physician recommendation to possess a certain quantity of marijuana
11	11	for treatment of certain medical conditions. Establishes a regulatory
12	12	agency to oversee the program, and creates the regulatory agency
13	13	advisory committee to review the effectiveness of the program and to
14	14	consider recommendations from the regulatory agency. Authorizes the
15	15	regulatory agency to grant research licenses to research facilities with
16	16	a physical presence in Indiana. Repeals the controlled substance excise
17	17	tax and the marijuana eradication program. Makes conforming
18	18	amendments.
19	19	Effective: July 1, 2024.
20	20	Taylor G
21	21	January 8, 2024, read first time and referred to Committee on Commerce and Technology.
22	22	2024 IN 126—LS 6294/DI 106 Introduced
23	23	Second Regular Session of the 123rd General Assembly (2024)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2023 Regular Session of the General Assembly.
33	33	SENATE BILL No. 126
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	criminal law and procedure.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 2-5-48 IS ADDED TO THE INDIANA CODE AS
38	38	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
39	39	3 1, 2024]:
40	40	4 Chapter 48. Regulatory Agency Advisory Committee
41	41	5 Sec. 1. The following definitions apply throughout this chapter:
42	42	6 (1) "Advisory committee" means the regulatory agency
43	43	7 advisory committee established by section 2 of this chapter.
44	44	8 (2) "Regulatory agency" means the regulatory agency
45	45	9 established by IC 7.1-9-2-1.
46	46	10 Sec. 2. The regulatory agency advisory committee is established
47	47	11 to serve the general assembly as a continuing committee. Except as
48	48	12 otherwise provided by this chapter, the advisory committee shall
49	49	13 operate under the rules of the legislative council.
50	50	14 Sec. 3. (a) The advisory committee consists of the following four
51	51	15 (4) voting members and five (5) nonvoting members:
52	52	16 (1) One (1) legislative member appointed by the speaker of the
53	53	17 house of representatives.
54	54	2024 IN 126—LS 6294/DI 106 2
55	55	1 (2) One (1) legislative member appointed by the minority
56	56	2 leader of the house of representatives.
57	57	3 (3) One (1) legislative member appointed by the president pro
58	58	4 tempore of the senate.
59	59	5 (4) One (1) legislative member appointed by the minority
60	60	6 leader of the senate.
61	61	7 (5) One (1) representative of law enforcement, appointed as a
62	62	8 nonvoting member by the speaker of the house of
63	63	9 representatives.
64	64	10 (6) One (1) individual having experience in the treatment of
65	65	11 medical conditions by means of medical marijuana as a
66	66	12 patient, physician, or caregiver, appointed as a nonvoting
67	67	13 member by the president pro tempore of the senate.
68	68	14 (7) The commissioner of the department of state revenue or
69	69	15 the commissioner's designee, who serves as a nonvoting
70	70	16 member.
71	71	17 (8) The director of the department of agriculture or the
72	72	18 director's designee, who serves as a nonvoting member.
73	73	19 (9) The state health commissioner or the commissioner's
74	74	20 designee, who serves as a nonvoting member.
75	75	21 (b) The chairperson of the legislative council shall annually
76	76	22 select one (1) of the voting members to serve as chairperson of the
77	77	23 advisory committee. Whenever there is a new chairperson of the
78	78	24 legislative council, that chairperson may select a new voting
79	79	25 member to serve as chairperson of the advisory committee. The
80	80	26 chairperson of the advisory committee serves at the pleasure of the
81	81	27 chairperson of the legislative council.
82	82	28 Sec. 4. (a) Except as otherwise provided in this chapter, the term
83	83	29 of a member of the advisory committee ends on June 30 of the next
84	84	30 odd-numbered year following the member's appointment.
85	85	31 However, the member may be reappointed to subsequent terms.
86	86	32 (b) A member of the advisory committee may be removed at any
87	87	33 time by the appointing authority who appointed the member.
88	88	34 (c) If a vacancy exists on the advisory committee, the appointing
89	89	35 authority who appointed the former member whose position has
90	90	36 become vacant shall appoint an individual to fill the vacancy. An
91	91	37 individual appointed to fill a vacancy serves for the remainder of
92	92	38 the term of the former member.
93	93	39 (d) If a member of the advisory committee ceases to:
94	94	40 (1) be a member of the chamber from which the member was
95	95	41 appointed; or
96	96	42 (2) hold the member's office;
97	97	2024 IN 126—LS 6294/DI 106 3
98	98	1 the member ceases to be a member of the advisory committee.
99	99	2 Sec. 5. Each member of the advisory committee is entitled to
100	100	3 receive the same per diem, mileage, and travel allowances paid to
101	101	4 individuals who serve as legislative and lay members, respectively,
102	102	5 of interim study committees established by the legislative council.
103	103	6 Sec. 6. (a) The advisory committee shall meet at the call of the
104	104	7 chairperson.
105	105	8 (b) Five (5) members of the advisory committee constitute a
106	106	9 quorum if at least three (3) of the members present are voting
107	107	10 members.
108	108	11 (c) The affirmative votes of a majority of the voting members
109	109	12 appointed to the advisory committee are required for the advisory
110	110	13 committee to take action on any measure, including final reports.
111	111	14 Sec. 7. The advisory committee shall do the following:
112	112	15 (1) Review rules adopted by the regulatory agency.
113	113	16 (2) Review legislative proposals suggested by the regulatory
114	114	17 agency.
115	115	18 (3) Evaluate the medical marijuana research and development
116	116	19 program under IC 7.1-9-5.
117	117	20 (4) Evaluate the operation of the medical marijuana program.
118	118	21 (5) Consider any other matter that has bearing on the
119	119	22 operation of the medical marijuana program.
120	120	23 Sec. 8. All meetings of the advisory committee are open to the
121	121	24 public in accordance with and subject to IC 5-14-1.5. All records
122	122	25 of the advisory committee are subject to the requirements of
123	123	26 IC 5-14-3.
124	124	27 Sec. 9. The legislative services agency shall staff the advisory
125	125	28 committee.
126	126	29 Sec. 10. All funds necessary to carry out this chapter shall be
127	127	30 paid from appropriations to the legislative council and the
128	128	31 legislative services agency.
129	129	32 SECTION 2. IC 5-2-8-5, AS AMENDED BY P.L.217-2017,
130	130	33 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
131	131	34 JULY 1, 2024]: Sec. 5. (a) There is established the state police training
132	132	35 fund. The fund consists of amounts collected under IC 33-37-4-1(b)(4),
133	133	36 IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4)
134	134	37 IC 33-37-4-3(b)(3) on behalf of the state police department.
135	135	38 (b) If the state police department files a claim under IC 33-37-8-4
136	136	39 or IC 33-37-8-6 against a city or town user fee fund or a county user fee
137	137	40 fund, the fiscal officer of the city or town or the county auditor shall
138	138	41 deposit fees collected under the cause numbers submitted by the state
139	139	42 police department into the state police training fund established under
140	140	2024 IN 126—LS 6294/DI 106 4
141	141	1 this section.
142	142	2 (c) Claims against the state police training fund must be submitted
143	143	3 in accordance with IC 5-11-10.
144	144	4 (d) Money in excess of one hundred dollars ($100) that is
145	145	5 unencumbered and remains in the state police training fund for at least
146	146	6 one (1) entire calendar year from the date of its deposit shall, at the end
147	147	7 of the state's fiscal year, be deposited in the law enforcement academy
148	148	8 fund established under IC 5-2-1-13.
149	149	9 (e) As used in this subsection, "abuse" has the meaning set forth in
150	150	10 section 1(a) of this chapter. As a part of the state police department's
151	151	11 in-service training, the department shall provide to each law
152	152	12 enforcement officer employed by the department continuing education
153	153	13 concerning the following:
154	154	14 (1) Duties of a law enforcement officer in enforcing restraining
155	155	15 orders, protective orders, temporary injunctions, and permanent
156	156	16 injunctions involving abuse.
157	157	17 (2) Guidelines for making felony and misdemeanor arrests in
158	158	18 cases involving abuse.
159	159	19 (3) Techniques for handling incidents of abuse that:
160	160	20 (A) minimize the likelihood of injury to the law enforcement
161	161	21 officer; and
162	162	22 (B) promote the safety of a victim.
163	163	23 (4) Information about the nature and extent of the abuse.
164	164	24 (5) Information about the legal rights of and remedies available
165	165	25 to victims of abuse.
166	166	26 (6) How to document and collect evidence in an abuse case.
167	167	27 (7) The legal consequences of abuse.
168	168	28 (8) The impact on children of law enforcement intervention in
169	169	29 abuse cases.
170	170	30 (9) Services and facilities available to victims of abuse and
171	171	31 abusers.
172	172	32 (10) Verification of restraining orders, protective orders,
173	173	33 temporary injunctions, and permanent injunctions.
174	174	34 (11) Policies concerning arrest or release of suspects in abuse
175	175	35 cases.
176	176	36 (12) Emergency assistance to victims of abuse and criminal
177	177	37 justice options for victims of abuse.
178	178	38 (13) Landlord-tenant concerns in abuse cases.
179	179	39 (14) The taking of an abused child into protective custody.
180	180	40 (15) Assessment of a situation in which a child may be seriously
181	181	41 endangered if the child is left in the child's home.
182	182	42 (16) Assessment of a situation involving an endangered adult (as
183	183	2024 IN 126—LS 6294/DI 106 5
184	184	1 defined in IC 12-10-3-2).
185	185	2 (17) Response to a sudden, unexpected infant death.
186	186	3 The cost of providing continuing education under this subsection shall
187	187	4 be paid from money in the state police training fund.
188	188	5 SECTION 3. IC 5-2-8-7, AS AMENDED BY P.L.217-2017,
189	189	6 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
190	190	7 JULY 1, 2024]: Sec. 7. (a) There is established the conservation
191	191	8 officers training fund. The department of natural resources shall
192	192	9 administer the fund. The fund consists of amounts collected under
193	193	10 IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and
194	194	11 IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on behalf of the department of
195	195	12 natural resources.
196	196	13 (b) If the department of natural resources files a claim under
197	197	14 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
198	198	15 county user fee fund, the fiscal officer of the city or town or the county
199	199	16 auditor shall deposit fees collected under the cause numbers submitted
200	200	17 by the department of natural resources into the conservation officers
201	201	18 training fund established under this section.
202	202	19 (c) Claims against the conservation officers training fund must be
203	203	20 submitted in accordance with IC 5-11-10.
204	204	21 (d) Money in excess of one hundred dollars ($100) that is
205	205	22 unencumbered and remains in the conservation officers' training fund
206	206	23 for at least one (1) entire calendar year from the date of its deposit
207	207	24 shall, at the end of the state's fiscal year, be deposited in the law
208	208	25 enforcement academy fund established under IC 5-2-1-13.
209	209	26 SECTION 4. IC 5-2-8-8, AS AMENDED BY P.L.217-2017,
210	210	27 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
211	211	28 JULY 1, 2024]: Sec. 8. (a) There is established the alcoholic beverage
212	212	29 enforcement officers' training fund. The alcohol and tobacco
213	213	30 commission shall administer the fund. The fund consists of amounts
214	214	31 collected under IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3),
215	215	32 IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on
216	216	33 behalf of the alcohol and tobacco commission.
217	217	34 (b) If the alcohol and tobacco commission files a claim under
218	218	35 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
219	219	36 county user fee fund, the fiscal officer of the city or town or the county
220	220	37 auditor shall deposit fees collected under the cause numbers submitted
221	221	38 by the alcohol and tobacco commission into the alcoholic beverage
222	222	39 enforcement officers' training fund established under this section.
223	223	40 (c) Claims against the alcoholic beverage enforcement officers'
224	224	41 training fund must be submitted in accordance with IC 5-11-10.
225	225	42 (d) Money in excess of one hundred dollars ($100) that is
226	226	2024 IN 126—LS 6294/DI 106 6
227	227	1 unencumbered and remains in the alcoholic beverage enforcement
228	228	2 officers' training fund for at least one (1) entire calendar year from the
229	229	3 date of its deposit shall, at the end of the state's fiscal year, be deposited
230	230	4 in the law enforcement academy fund established under IC 5-2-1-13.
231	231	5 SECTION 5. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2024].
232	232	6 (Controlled Substance Excise Tax).
233	233	7 SECTION 6. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
234	234	8 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
235	235	9 2024]:
236	236	10 ARTICLE 8. MEDICAL MARIJUANA
237	237	11 Chapter 1. Definitions
238	238	12 Sec. 1. The following definitions apply throughout this article:
239	239	13 (1) "Adequate supply for treatment" means the amount of
240	240	14 marijuana necessary to provide care for a treatable medical
241	241	15 condition for a thirty (30) day period, as determined by a
242	242	16 physician recommendation.
243	243	17 (2) "Marijuana" means any part of the plant genus Cannabis.
244	244	18 (3) "Medical marijuana card" means a valid card issued by
245	245	19 the regulatory agency that authorizes the individual to whom
246	246	20 the card is issued to possess marijuana.
247	247	21 (4) "Physician" means an individual holding an unlimited
248	248	22 license to practice medicine in Indiana.
249	249	23 (5) "Physician recommendation" means a written
250	250	24 recommendation that the use of marijuana may benefit a
251	251	25 particular patient suffering from a treatable medical
252	252	26 condition. A physician recommendation may specify an
253	253	27 adequate supply for treatment.
254	254	28 (6) "Qualified patient" means an individual who has been
255	255	29 issued a medical marijuana card by the regulatory agency.
256	256	30 (7) "Qualified primary caregiver" means the primary
257	257	31 caregiver for a qualified patient who has been issued a
258	258	32 medical marijuana card by the regulatory agency on behalf of
259	259	33 the qualified patient.
260	260	34 (8) "Regulatory agency" means the regulatory agency
261	261	35 established by IC 7.1-9-2-1.
262	262	36 (9) "Regulatory agency commission" means the regulatory
263	263	37 agency commissioners described in IC 7.1-9-2.
264	264	38 (10) "Treatable medical condition" means an illness or other
265	265	39 condition, the symptoms of which (including the side effects
266	266	40 and symptoms caused by any other treatment for the
267	267	41 condition) may be treated by the use of marijuana. The term
268	268	42 includes the following:
269	269	2024 IN 126—LS 6294/DI 106 7
270	270	1 (A) Acquired immune deficiency syndrome (AIDS) or
271	271	2 positive status for the human immunodeficiency virus
272	272	3 (HIV).
273	273	4 (B) Anorexia.
274	274	5 (C) Arthritis.
275	275	6 (D) Cachexia.
276	276	7 (E) Chronic cancer pain.
277	277	8 (F) Glaucoma.
278	278	9 (G) Migraine.
279	279	10 (H) Persistent muscle spasms, including spasms associated
280	280	11 with multiple sclerosis, Crohn's disease, or related
281	281	12 conditions.
282	282	13 (I) Seizures, including those characteristic of epilepsy.
283	283	14 (J) Severe nausea.
284	284	15 (K) Posttraumatic stress disorder.
285	285	16 (L) Any persistent or chronic illness or condition that, in
286	286	17 the opinion of a physician:
287	287	18 (i) substantially limits the ability of an individual to
288	288	19 conduct one (1) or more major life activities; or
289	289	20 (ii) may cause serious harm to a patient's safety or
290	290	21 mental or physical health if not alleviated;
291	291	22 if the illness or condition may be improved by the use of
292	292	23 marijuana.
293	293	24 (M) Any other illness or condition determined by the
294	294	25 regulatory agency to be a treatable medical condition.
295	295	26 Chapter 2. Qualified Patients and Qualified Primary Caregivers
296	296	27 Sec. 1. (a) An individual may apply to the regulatory agency to
297	297	28 be a qualified patient if the individual suffers from a treatable
298	298	29 medical condition. An individual may apply to the regulatory
299	299	30 agency to be a qualified primary caregiver if the individual for
300	300	31 whom the individual provides care suffers from a treatable medical
301	301	32 condition.
302	302	33 (b) To be approved as a qualified patient, an individual must
303	303	34 submit to the regulatory agency a physician recommendation
304	304	35 stating that the individual suffers from a treatable medical
305	305	36 condition. To be approved as a qualified primary caregiver, an
306	306	37 individual must submit to the regulatory agency a physician
307	307	38 recommendation stating that the individual for whom the caregiver
308	308	39 provides care suffers from a treatable medical condition.
309	309	40 (c) The regulatory agency shall issue to an individual a medical
310	310	41 marijuana card indicating that the individual is a qualified patient
311	311	42 or a qualified primary caregiver after:
312	312	2024 IN 126—LS 6294/DI 106 8
313	313	1 (1) receipt of a:
314	314	2 (A) completed application; and
315	315	3 (B) physician recommendation;
316	316	4 (2) verification that the individual who tendered the physician
317	317	5 recommendation is a licensed physician; and
318	318	6 (3) compliance with any other rule adopted by the regulatory
319	319	7 agency.
320	320	8 (d) An application for a medical marijuana card may be denied
321	321	9 for the following reasons:
322	322	10 (1) The application is not complete or required information is
323	323	11 missing.
324	324	12 (2) The applicant submits false information.
325	325	13 (3) The applicant does not meet the criteria required to obtain
326	326	14 a medical marijuana card.
327	327	15 (4) The individual who tendered the physician
328	328	16 recommendation is not a licensed physician.
329	329	17 (e) A medical marijuana card issued under this section is valid
330	330	18 for two (2) years, unless the physician recommendation expressly
331	331	19 recommends a shorter period.
332	332	20 (f) The regulatory agency may charge a reasonable fee, not to
333	333	21 exceed one hundred dollars ($100), to apply for a medical
334	334	22 marijuana card. The fee shall be deposited in the state general
335	335	23 fund.
336	336	24 (g) Except as provided in subsection (h), for purposes of
337	337	25 IC 5-14-3-4(a)(1), the following information is confidential, may
338	338	26 not be published, and is not open to public inspection:
339	339	27 (1) Information submitted by an individual under this section
340	340	28 to obtain a medical marijuana card.
341	341	29 (2) Information obtained by a federal, state, or local
342	342	30 government entity in the course of an investigation concerning
343	343	31 an individual who applies to obtain a medical marijuana card.
344	344	32 (3) The name and address of the individual, and any other
345	345	33 information that may be used to identify an individual, who
346	346	34 holds a medical marijuana card.
347	347	35 (h) Notwithstanding subsection (g):
348	348	36 (1) any information concerning an individual who applies for,
349	349	37 or an individual who holds, a medical marijuana card may be
350	350	38 released to a federal, state, or local government entity:
351	351	39 (A) for law enforcement purposes; or
352	352	40 (B) to determine the validity of a medical marijuana card;
353	353	41 and
354	354	42 (2) general information concerning the issuance of a medical
355	355	2024 IN 126—LS 6294/DI 106 9
356	356	1 marijuana card in Indiana may be released to a person
357	357	2 conducting journalistic or academic research (including the
358	358	3 research described in IC 7.1-9-5), but only if all personal
359	359	4 information that may be used to identify any individual who
360	360	5 applies for or holds a medical marijuana card issued under
361	361	6 this chapter has been removed from the general information.
362	362	7 (i) A person who knowingly or intentionally violates this section
363	363	8 by releasing confidential information commits disclosure of
364	364	9 confidential medical information, a Class B misdemeanor.
365	365	10 (j) A person who knowingly makes a material misstatement in
366	366	11 an application for a medical marijuana card under this section
367	367	12 commits fraudulent application for a medical marijuana card, a
368	368	13 Class B misdemeanor.
369	369	14 Sec. 2. A qualified patient or qualified primary caregiver may:
370	370	15 (1) possess the greater of:
371	371	16 (A) eight (8) ounces or less of dried marijuana; or
372	372	17 (B) an adequate supply for treatment as set forth in a
373	373	18 physician recommendation; and
374	374	19 (2) possess, grow, or cultivate not more than twelve (12)
375	375	20 marijuana plants.
376	376	21 Sec. 3. (a) A qualified primary caregiver may deliver to, or
377	377	22 possess with intent to deliver to, a qualified patient for whom the
378	378	23 caregiver is the primary caregiver:
379	379	24 (1) the greater of:
380	380	25 (A) eight (8) ounces or less of dried marijuana; or
381	381	26 (B) an adequate supply for treatment as set forth in a
382	382	27 physician recommendation; and
383	383	28 (2) not more than twelve (12) marijuana plants.
384	384	29 (b) A qualified primary caregiver may possess, grow, or
385	385	30 cultivate not more than twelve (12) marijuana plants for use by a
386	386	31 qualified patient for whom the individual is the primary caregiver.
387	387	32 Sec. 4. The medical licensing board may not take an adverse
388	388	33 action against a physician who makes a physician recommendation
389	389	34 in good faith under this article if the sole basis for taking the
390	390	35 adverse action is the physician recommendation.
391	391	36 SECTION 7. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
392	392	37 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
393	393	38 2024]:
394	394	39 ARTICLE 9. REGULATION OF MEDICAL MARIJUANA
395	395	40 Chapter 1. Definitions
396	396	41 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
397	397	42 article.
398	398	2024 IN 126—LS 6294/DI 106 10
399	399	1 Chapter 2. General Provisions
400	400	2 Sec. 1. A regulatory agency to be named by the governor is
401	401	3 established as an agency of the state for purposes of administering
402	402	4 the medical marijuana program.
403	403	5 Sec. 2. (a) The regulatory agency consists of:
404	404	6 (1) the regulatory agency commission;
405	405	7 (2) the executive director; and
406	406	8 (3) other employees necessary to carry out the duties of the
407	407	9 regulatory agency.
408	408	10 (b) The regulatory agency commission is established as a
409	409	11 continuing commission of the executive branch.
410	410	12 (c) The regulatory agency commission consists of four (4)
411	411	13 commissioners, who shall direct and oversee the operation of the
412	412	14 regulatory agency.
413	413	15 Sec. 3. (a) The regulatory agency commissioners shall be
414	414	16 appointed by the governor.
415	415	17 (b) A commissioner serves for a term that ends June 30 of the
416	416	18 next odd-numbered year after appointment. A commissioner is
417	417	19 eligible for reappointment.
418	418	20 (c) Not more than two (2) commissioners may belong to the
419	419	21 same political party.
420	420	22 (d) A commissioner serves the commissioner's term at the
421	421	23 pleasure of the governor.
422	422	24 Sec. 4. To be eligible for appointment as a commissioner, an
423	423	25 individual must have the following qualifications:
424	424	26 (1) The individual may not be employed by the state in any
425	425	27 other capacity.
426	426	28 (2) The individual must have good moral character.
427	427	29 (3) The individual must have been a resident of Indiana for at
428	428	30 least ten (10) years immediately preceding the appointment.
429	429	31 Sec. 5. The governor shall appoint one (1) commissioner to serve
430	430	32 as chairperson of the regulatory agency commission, and one (1)
431	431	33 commissioner to serve as vice chairperson. The vice chairperson
432	432	34 shall act as the chairperson if the chairperson is unable to attend
433	433	35 a meeting of the regulatory agency commission. The chairperson
434	434	36 and vice chairperson serve at the pleasure of the governor.
435	435	37 Sec. 6. A commissioner appointed to fill a vacancy in the
436	436	38 membership of the regulatory agency commission shall serve only
437	437	39 for the unexpired part of the original, vacated term. In all other
438	438	40 respects, an appointment to fill a vacancy shall be made in the
439	439	41 same manner that an original appointment is made.
440	440	42 Sec. 7. (a) As compensation for services, each commissioner is
441	441	2024 IN 126—LS 6294/DI 106 11
442	442	1 entitled to the minimum salary per diem provided by
443	443	2 IC 4-10-11-2.1(b). A commissioner is also entitled to
444	444	3 reimbursement for traveling expenses as provided under
445	445	4 IC 4-13-1-4 and other expenses actually incurred in connection
446	446	5 with the commissioner's duties as provided in the state policies and
447	447	6 procedures established by the Indiana department of
448	448	7 administration and approved by the budget agency.
449	449	8 (b) The expenses of the regulatory agency commission shall be
450	450	9 paid from funds appropriated to the regulatory agency.
451	451	10 Sec. 8. Each commissioner shall execute:
452	452	11 (1) a surety bond in the amount of ten thousand dollars
453	453	12 ($10,000), with surety approved by the governor; and
454	454	13 (2) an oath of office.
455	455	14 The surety bond and the oath of office shall be filed in the office of
456	456	15 the secretary of state.
457	457	16 Sec. 9. The required surety bond executed and filed on behalf of
458	458	17 a commissioner shall be made payable to the state of Indiana and
459	459	18 conditioned upon the faithful discharge of the commissioner's
460	460	19 duties.
461	461	20 Sec. 10. The regulatory agency commission shall hold meetings
462	462	21 at the call of the chairperson. The regulatory agency commission
463	463	22 may establish rules governing meetings.
464	464	23 Sec. 11. (a) Three (3) regulatory agency commissioners
465	465	24 constitute a quorum for the transaction of business.
466	466	25 (b) Each commissioner has one (1) vote.
467	467	26 (c) Action of the regulatory agency commission may be taken
468	468	27 only upon the affirmative votes of at least two (2) commissioners.
469	469	28 If a vote is a tie, the position for which the chairperson voted
470	470	29 prevails, as long as that position has received the affirmative votes
471	471	30 of at least two (2) commissioners.
472	472	31 (d) The regulatory agency shall staff the regulatory agency
473	473	32 commission.
474	474	33 Sec. 12. A commissioner may not solicit or accept a political
475	475	34 contribution from a qualified patient, qualified primary caregiver,
476	476	35 or any individual or entity that has a permit or has applied for a
477	477	36 permit issued by the regulatory agency. However, the right of a
478	478	37 commissioner to vote as the commissioner chooses and to express
479	479	38 the commissioner's opinions on political subjects and candidates
480	480	39 may not be impaired.
481	481	40 Chapter 3. Employees and Administration
482	482	41 Sec. 1. (a) The regulatory agency commission shall appoint an
483	483	42 executive director to assist the regulatory agency in the efficient
484	484	2024 IN 126—LS 6294/DI 106 12
485	485	1 administration of its powers and duties.
486	486	2 (b) The regulatory agency commission shall fix the salary of the
487	487	3 executive director, subject to the approval of the budget agency.
488	488	4 Sec. 2. The regulatory agency has the power to employ all
489	489	5 necessary employees, determine their duties, and, subject to the
490	490	6 approval of the regulatory agency commission and the budget
491	491	7 agency, fix their salaries.
492	492	8 Chapter 4. Powers and Duties
493	493	9 Sec. 1. The chairperson is the presiding officer at the meetings
494	494	10 of the regulatory agency commission. The chairperson, together
495	495	11 with the executive director, shall prepare, certify, and authenticate
496	496	12 all proceedings, minutes, records, rules, and regulations of the
497	497	13 regulatory agency commission. The chairperson shall also perform
498	498	14 all other duties as imposed on the chairperson by this article.
499	499	15 Sec. 2. The regulatory agency has the power to organize its
500	500	16 work, to enforce and administer this article and IC 7.1-8, and to
501	501	17 enforce and administer the rules adopted by the regulatory agency.
502	502	18 Sec. 3. The regulatory agency shall adopt rules under IC 4-22-2
503	503	19 to prescribe the forms for all applications, documents, permits,
504	504	20 medical marijuana cards, and licenses used in the administration
505	505	21 of this article and IC 7.1-8.
506	506	22 Sec. 4. The regulatory agency has the following powers:
507	507	23 (1) To hold hearings before the regulatory agency or its
508	508	24 representative.
509	509	25 (2) To take testimony and receive evidence.
510	510	26 (3) To conduct inquiries with or without a hearing.
511	511	27 (4) To receive reports of investigators or other governmental
512	512	28 officers and employees.
513	513	29 (5) To administer oaths.
514	514	30 (6) To subpoena witnesses and to compel them to appear and
515	515	31 testify.
516	516	32 (7) To certify copies of records of the regulatory agency or
517	517	33 any other document or record on file with the regulatory
518	518	34 agency.
519	519	35 (8) To fix the form, mode, manner, time, and number of times
520	520	36 for the posting or publication of any required notices if not
521	521	37 otherwise provided.
522	522	38 (9) To adopt rules under IC 4-22-2 to carry out this article
523	523	39 and IC 7.1-8.
524	524	40 Sec. 5. The regulatory agency has the following duties:
525	525	41 (1) To establish the medical marijuana program described in
526	526	42 IC 7.1-8 and to adopt all necessary rules to implement the
527	527	2024 IN 126—LS 6294/DI 106 13
528	528	1 program.
529	529	2 (2) To implement protocols for the application and issuance
530	530	3 of a medical marijuana card, including protocols to:
531	531	4 (A) prevent fraud;
532	532	5 (B) ensure the accuracy of information contained in the
533	533	6 application; and
534	534	7 (C) protect the privacy of an applicant.
535	535	8 (3) To advise the general assembly concerning the
536	536	9 establishment of a program for the:
537	537	10 (A) manufacture;
538	538	11 (B) cultivation;
539	539	12 (C) transportation; and
540	540	13 (D) dispensing;
541	541	14 of medical marijuana.
542	542	15 (4) To encourage research concerning medical marijuana and
543	543	16 issue licenses as described in IC 7.1-9-5.
544	544	17 Chapter 5. Research and Development
545	545	18 Sec. 1. To permit and encourage research concerning medical
546	546	19 marijuana:
547	547	20 (1) an accredited institution of higher education with a
548	548	21 physical presence in Indiana; and
549	549	22 (2) a pharmaceutical or agricultural business having a
550	550	23 research facility in Indiana;
551	551	24 may apply to the regulatory agency for a license to conduct
552	552	25 research concerning medical marijuana.
553	553	26 Sec. 2. An application under this chapter must include the
554	554	27 following:
555	555	28 (1) The nature of the research project.
556	556	29 (2) The names of the individuals who will conduct the
557	557	30 research project.
558	558	31 (3) The approximate quantity of marijuana that will be used
559	559	32 in the research project.
560	560	33 (4) The security protocol to be implemented to ensure that
561	561	34 marijuana is not diverted for uses other than the research
562	562	35 project.
563	563	36 (5) Any other information required by the regulatory agency.
564	564	37 Sec. 3. Upon receipt of a completed application, the regulatory
565	565	38 agency may issue a research license to the accredited institution of
566	566	39 higher education or pharmaceutical or agricultural business. The
567	567	40 research license must specifically list the names of each individual
568	568	41 participating in the research project who will have custody or
569	569	42 control of marijuana for research purposes and the approximate
570	570	2024 IN 126—LS 6294/DI 106 14
571	571	1 quantity of the marijuana that will be used in the research project.
572	572	2 Sec. 4. The regulatory agency may charge a reasonable fee for
573	573	3 issuance of a research license.
574	574	4 SECTION 8. IC 15-16-7-8 IS REPEALED [EFFECTIVE JULY 1,
575	575	5 2024]. Sec. 8. In addition to the weed control board's powers and duties
576	576	6 under section 7 of this chapter, the weed control board may establish
577	577	7 a marijuana eradication program to eliminate and destroy wild
578	578	8 marijuana plants within the county. The program is funded by amounts
579	579	9 appropriated by the county:
580	580	10 (1) under IC 33-37-8; and
581	581	11 (2) from the county general fund.
582	582	12 SECTION 9. IC 33-37-4-1, AS AMENDED BY P.L.120-2023,
583	583	13 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
584	584	14 JULY 1, 2024]: Sec. 1. (a) For each action that results in a felony
585	585	15 conviction under IC 35-50-2 or a misdemeanor conviction under
586	586	16 IC 35-50-3, the clerk shall collect from the defendant a criminal costs
587	587	17 fee of one hundred twenty dollars ($120).
588	588	18 (b) In addition to the criminal costs fee collected under this section,
589	589	19 the clerk shall collect from the defendant the following fees if they are
590	590	20 required under IC 33-37-5:
591	591	21 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
592	592	22 IC 33-37-5-4).
593	593	23 (2) A marijuana eradication program fee (IC 33-37-5-7).
594	594	24 (3) (2) An alcohol and drug services program fee (IC
595	595	25 33-37-5-8(b)).
596	596	26 (4) (3) A law enforcement continuing education program fee (IC
597	597	27 33-37-5-8(c)).
598	598	28 (5) (4) A drug abuse, prosecution, interdiction, and correction fee
599	599	29 (IC 33-37-5-9).
600	600	30 (6) (5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
601	601	31 (7) (6) A child abuse prevention fee (IC 33-37-5-12).
602	602	32 (8) (7) A domestic violence prevention and treatment fee (IC
603	603	33 33-37-5-13).
604	604	34 (9) (8) A highway worksite fee (IC 33-37-5-14).
605	605	35 (10) (9) A deferred prosecution fee (IC 33-37-5-17).
606	606	36 (11) (10) A document storage fee (IC 33-37-5-20).
607	607	37 (12) (11) An automated record keeping fee (IC 33-37-5-21).
608	608	38 (13) (12) A late payment fee (IC 33-37-5-22).
609	609	39 (14) (13) A sexual assault victims assistance fee (IC 33-37-5-23).
610	610	40 (15) (14) A public defense administration fee (IC 33-37-5-21.2).
611	611	41 (16) (15) A judicial insurance adjustment fee (IC 33-37-5-25).
612	612	42 (17) (16) A judicial salaries fee (IC 33-37-5-26).
613	613	2024 IN 126—LS 6294/DI 106 15
614	614	1 (18) (17) A court administration fee (IC 33-37-5-27).
615	615	2 (19) (18) A DNA sample processing fee (IC 33-37-5-26.2).
616	616	3 (c) Instead of the criminal costs fee prescribed by this section,
617	617	4 except for the automated record keeping fee (IC 33-37-5-21), the clerk
618	618	5 shall collect a pretrial diversion program fee if an agreement between
619	619	6 the prosecuting attorney and the accused person entered into under
620	620	7 IC 33-39-1-8 requires payment of those fees by the accused person.
621	621	8 The pretrial diversion program fee is:
622	622	9 (1) an initial user's fee of fifty dollars ($50) for a misdemeanor
623	623	10 offense;
624	624	11 (2) an initial user's fee of seventy-five dollars ($75) for a felony
625	625	12 offense;
626	626	13 (3) a monthly user's fee of twenty dollars ($20) for each month
627	627	14 that the person remains in the pretrial diversion program; and
628	628	15 (4) any additional program fee or cost that is:
629	629	16 (A) reasonably related to the person's rehabilitation; and
630	630	17 (B) approved by the court.
631	631	18 A monthly user fee may not be collected beyond the maximum length
632	632	19 of the possible sentence.
633	633	20 (d) The clerk shall transfer to the county auditor or city or town
634	634	21 fiscal officer the following fees, not later than thirty (30) days after the
635	635	22 fees are collected:
636	636	23 (1) The pretrial diversion fee.
637	637	24 (2) The marijuana eradication program fee.
638	638	25 (3) (2) The alcohol and drug services program fee.
639	639	26 (4) (3) The law enforcement continuing education program fee.
640	640	27 The auditor or fiscal officer shall deposit fees transferred under this
641	641	28 subsection in the appropriate user fee fund established under
642	642	29 IC 33-37-8.
643	643	30 (e) Unless otherwise directed by a court, if a clerk collects only part
644	644	31 of a criminal costs fee from a defendant under this section, the clerk
645	645	32 shall distribute the partial payment of the criminal costs fee as follows:
646	646	33 (1) The clerk shall apply the partial payment to general court
647	647	34 costs.
648	648	35 (2) If there is money remaining after the partial payment is
649	649	36 applied to general court costs under subdivision (1), the clerk
650	650	37 shall distribute the remainder of the partial payment for deposit in
651	651	38 the appropriate county user fee fund.
652	652	39 (3) If there is money remaining after distribution under
653	653	40 subdivision (2), the clerk shall distribute the remainder of the
654	654	41 partial payment for deposit in the state user fee fund.
655	655	42 (4) If there is money remaining after distribution under
656	656	2024 IN 126—LS 6294/DI 106 16
657	657	1 subdivision (3), the clerk shall distribute the remainder of the
658	658	2 partial payment to any other applicable user fee fund.
659	659	3 (5) If there is money remaining after distribution under
660	660	4 subdivision (4), the clerk shall apply the remainder of the partial
661	661	5 payment to any outstanding fines owed by the defendant.
662	662	6 SECTION 10. IC 33-37-4-3, AS AMENDED BY P.L.85-2017,
663	663	7 SECTION 110, IS AMENDED TO READ AS FOLLOWS
664	664	8 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The clerk shall collect a
665	665	9 juvenile costs fee of one hundred twenty dollars ($120) for each action
666	666	10 filed under any of the following:
667	667	11 (1) IC 31-34 (children in need of services).
668	668	12 (2) IC 31-37 (delinquent children).
669	669	13 (3) IC 31-14 (paternity).
670	670	14 (b) In addition to the juvenile costs fee collected under this section,
671	671	15 the clerk shall collect the following fees, if they are required under
672	672	16 IC 33-37-5:
673	673	17 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
674	674	18 IC 33-37-5-4).
675	675	19 (2) A marijuana eradication program fee (IC 33-37-5-7).
676	676	20 (3) (2) An alcohol and drug services program fee (IC
677	677	21 33-37-5-8(b)).
678	678	22 (4) (3) A law enforcement continuing education program fee (IC
679	679	23 33-37-5-8(c)).
680	680	24 (5) (4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
681	681	25 (6) (5) A document storage fee (IC 33-37-5-20).
682	682	26 (7) (6) An automated record keeping fee (IC 33-37-5-21).
683	683	27 (8) (7) A late payment fee (IC 33-37-5-22).
684	684	28 (9) (8) A public defense administration fee (IC 33-37-5-21.2).
685	685	29 (10) (9) A judicial insurance adjustment fee (IC 33-37-5-25).
686	686	30 (11) (10) A judicial salaries fee (IC 33-37-5-26).
687	687	31 (12) (11) A court administration fee (IC 33-37-5-27).
688	688	32 (13) (12) A DNA sample processing fee (IC 33-37-5-26.2).
689	689	33 (c) The clerk shall transfer to the county auditor or city or town
690	690	34 fiscal officer the following fees not later than thirty (30) days after they
691	691	35 are collected:
692	692	36 (1) The marijuana eradication program fee (IC 33-37-5-7).
693	693	37 (2) (1) The alcohol and drug services program fee (IC
694	694	38 33-37-5-8(b)).
695	695	39 (3) (2) The law enforcement continuing education program fee
696	696	40 (IC 33-37-5-8(c)).
697	697	41 The auditor or fiscal officer shall deposit the fees in the appropriate
698	698	42 user fee fund established under IC 33-37-8.
699	699	2024 IN 126—LS 6294/DI 106 17
700	700	1 SECTION 11. IC 33-37-5-7 IS REPEALED [EFFECTIVE JULY 1,
701	701	2 2024]. Sec. 7. (a) This section applies to criminal actions.
702	702	3 (b) The clerk shall collect the marijuana eradication program fee set
703	703	4 by the court under IC 15-16-7-8, if:
704	704	5 (1) a weed control board has been established in the county under
705	705	6 IC 15-16-7-3; and
706	706	7 (2) the person has been convicted of an offense under IC 35-48-4
707	707	8 in a case prosecuted in that county.
708	708	9 (c) The court may set a fee under this section of not more than three
709	709	10 hundred dollars ($300).
710	710	11 SECTION 12. IC 33-37-7-2, AS AMENDED BY THE
711	711	12 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
712	712	13 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
713	713	14 JULY 1, 2024]: Sec. 2. (a) The clerk of a circuit court shall distribute
714	714	15 semiannually to the auditor of state comptroller as the state share for
715	715	16 deposit in the homeowner protection unit account established by
716	716	17 IC 4-6-12-9 one hundred percent (100%) of the automated record
717	717	18 keeping fees collected under IC 33-37-5-21 with respect to actions
718	718	19 resulting in the accused person entering into a pretrial diversion
719	719	20 program agreement under IC 33-39-1-8 or a deferral program
720	720	21 agreement under IC 34-28-5-1 and for deposit in the state general fund
721	721	22 seventy percent (70%) of the amount of fees collected under the
722	722	23 following:
723	723	24 (1) IC 33-37-4-1(a) (criminal costs fees).
724	724	25 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
725	725	26 (3) IC 33-37-4-3(a) (juvenile costs fees).
726	726	27 (4) IC 33-37-4-4(a) (civil costs fees).
727	727	28 (5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
728	728	29 (6) IC 33-37-4-7(a) (probate costs fees).
729	729	30 (7) IC 33-37-5-17 (deferred prosecution fees).
730	730	31 (b) The clerk of a circuit court shall distribute semiannually to the
731	731	32 auditor of state comptroller for deposit in the state user fee fund
732	732	33 established in IC 33-37-9-2 the following:
733	733	34 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
734	734	35 interdiction, and correction fees collected under
735	735	36 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
736	736	37 (2) Twenty-five percent (25%) of the alcohol and drug
737	737	38 countermeasures fees collected under IC 33-37-4-1(b)(6),
738	738	39 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
739	739	40 IC 33-37-4-3(b)(4).
740	740	41 (3) One hundred percent (100%) of the child abuse prevention
741	741	42 fees collected under IC 33-37-4-1(b)(7). IC 33-37-4-1(b)(6).
742	742	2024 IN 126—LS 6294/DI 106 18
743	743	1 (4) One hundred percent (100%) of the domestic violence
744	744	2 prevention and treatment fees collected under IC 33-37-4-1(b)(8).
745	745	3 IC 33-37-4-1(b)(7).
746	746	4 (5) One hundred percent (100%) of the highway worksite fees
747	747	5 collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
748	748	6 IC 33-37-4-2(b)(5).
749	749	7 (6) Seventy-five percent (75%) of the safe schools fee collected
750	750	8 under IC 33-37-5-18.
751	751	9 (7) One hundred percent (100%) of the automated record keeping
752	752	10 fee collected under IC 33-37-5-21 not distributed under
753	753	11 subsection (a).
754	754	12 (c) The clerk of a circuit court shall distribute monthly to the county
755	755	13 auditor the following:
756	756	14 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
757	757	15 interdiction, and correction fees collected under
758	758	16 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
759	759	17 (2) Seventy-five percent (75%) of the alcohol and drug
760	760	18 countermeasures fees collected under IC 33-37-4-1(b)(6),
761	761	19 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
762	762	20 IC 33-37-4-3(b)(4).
763	763	21 The county auditor shall deposit fees distributed by a clerk under this
764	764	22 subsection into the county drug free community fund established under
765	765	23 IC 5-2-11.
766	766	24 (d) The clerk of a circuit court shall distribute monthly to the county
767	767	25 auditor one hundred percent (100%) of the late payment fees collected
768	768	26 under IC 33-37-5-22. The county auditor shall deposit fees distributed
769	769	27 by a clerk under this subsection as follows:
770	770	28 (1) If directed to do so by an ordinance adopted by the county
771	771	29 fiscal body, the county auditor shall deposit forty percent (40%)
772	772	30 of the fees in the clerk's record perpetuation fund established
773	773	31 under IC 33-37-5-2 and sixty percent (60%) of the fees in the
774	774	32 county general fund.
775	775	33 (2) If the county fiscal body has not adopted an ordinance
776	776	34 described in subdivision (1), the county auditor shall deposit all
777	777	35 the fees in the county general fund.
778	778	36 (e) The clerk of the circuit court shall distribute semiannually to the
779	779	37 auditor of state comptroller for deposit in the sexual assault victims
780	780	38 assistance fund established by IC 5-2-6-23(d) one hundred percent
781	781	39 (100%) of the sexual assault victims assistance fees collected under
782	782	40 IC 33-37-5-23.
783	783	41 (f) The clerk of a circuit court shall distribute monthly to the county
784	784	42 auditor the following:
785	785	2024 IN 126—LS 6294/DI 106 19
786	786	1 (1) One hundred percent (100%) of the support and maintenance
787	787	2 fees for cases designated as non-Title IV-D child support cases in
788	788	3 the Indiana support enforcement tracking system (ISETS) or the
789	789	4 successor statewide automated support enforcement system
790	790	5 collected under IC 33-37-5-6.
791	791	6 (2) The percentage share of the support and maintenance fees for
792	792	7 cases designated as Title IV-D child support cases in ISETS or the
793	793	8 successor statewide automated support enforcement system
794	794	9 collected under IC 33-37-5-6 that is reimbursable to the county at
795	795	10 the federal financial participation rate.
796	796	11 The county clerk shall distribute monthly to the department of child
797	797	12 services the percentage share of the support and maintenance fees for
798	798	13 cases designated as Title IV-D child support cases in ISETS, or the
799	799	14 successor statewide automated support enforcement system, collected
800	800	15 under IC 33-37-5-6 that is not reimbursable to the county at the
801	801	16 applicable federal financial participation rate.
802	802	17 (g) The clerk of a circuit court shall distribute monthly to the county
803	803	18 auditor the following:
804	804	19 (1) One hundred percent (100%) of the small claims service fee
805	805	20 under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
806	806	21 the county general fund.
807	807	22 (2) One hundred percent (100%) of the small claims garnishee
808	808	23 service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
809	809	24 deposit in the county general fund.
810	810	25 (3) Twenty-five percent (25%) of the safe schools fee collected
811	811	26 under IC 33-37-5-18 for deposit in the county general fund.
812	812	27 (h) This subsection does not apply to court administration fees
813	813	28 collected in small claims actions filed in a court described in IC 33-34.
814	814	29 The clerk of a circuit court shall semiannually distribute to the auditor
815	815	30 of state comptroller for deposit in the state general fund one hundred
816	816	31 percent (100%) of the following:
817	817	32 (1) The public defense administration fee collected under
818	818	33 IC 33-37-5-21.2.
819	819	34 (2) The judicial salaries fees collected under IC 33-37-5-26.
820	820	35 (3) The DNA sample processing fees collected under
821	821	36 IC 33-37-5-26.2.
822	822	37 (4) The court administration fees collected under IC 33-37-5-27.
823	823	38 (5) The judicial insurance adjustment fee collected under
824	824	39 IC 33-37-5-25.
825	825	40 (i) The proceeds of the service fee collected under
826	826	41 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
827	827	42 follows:
828	828	2024 IN 126—LS 6294/DI 106 20
829	829	1 (1) The clerk shall distribute one hundred percent (100%) of the
830	830	2 service fees collected in a circuit, superior, county, or probate
831	831	3 court to the county auditor for deposit in the county general fund.
832	832	4 (2) The clerk shall distribute one hundred percent (100%) of the
833	833	5 service fees collected in a city or town court to the city or town
834	834	6 fiscal officer for deposit in the city or town general fund.
835	835	7 (j) The proceeds of the garnishee service fee collected under
836	836	8 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
837	837	9 follows:
838	838	10 (1) The clerk shall distribute one hundred percent (100%) of the
839	839	11 garnishee service fees collected in a circuit, superior, county, or
840	840	12 probate court to the county auditor for deposit in the county
841	841	13 general fund.
842	842	14 (2) The clerk shall distribute one hundred percent (100%) of the
843	843	15 garnishee service fees collected in a city or town court to the city
844	844	16 or town fiscal officer for deposit in the city or town general fund.
845	845	17 (k) The clerk of the circuit court shall distribute semiannually to the
846	846	18 auditor of state comptroller for deposit in the home ownership
847	847	19 education account established by IC 5-20-1-27 one hundred percent
848	848	20 (100%) of the following:
849	849	21 (1) The mortgage foreclosure counseling and education fees
850	850	22 collected under IC 33-37-5-33 (before its expiration on July 1,
851	851	23 2017).
852	852	24 (2) Any civil penalties imposed and collected by a court for a
853	853	25 violation of a court order in a foreclosure action under
854	854	26 IC 32-30-10.5.
855	855	27 (l) The clerk of a circuit court shall distribute semiannually to the
856	856	28 auditor of state comptroller for deposit in the pro bono legal services
857	857	29 fund established by IC 33-37-5-34 one hundred percent (100%) of the
858	858	30 pro bono legal services fees collected before July 1, 2025, under
859	859	31 IC 33-37-5-31.
860	860	32 SECTION 13. IC 33-37-7-8, AS AMENDED BY THE
861	861	33 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
862	862	34 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
863	863	35 JULY 1, 2024]: Sec. 8. (a) The clerk of a city or town court shall
864	864	36 distribute semiannually to the auditor of state comptroller as the state
865	865	37 share for deposit in the homeowner protection unit account established
866	866	38 by IC 4-6-12-9 one hundred percent (100%) of the automated record
867	867	39 keeping fees collected under IC 33-37-5-21 with respect to actions
868	868	40 resulting in the accused person entering into a pretrial diversion
869	869	41 program agreement under IC 33-39-1-8 or a deferral program
870	870	42 agreement under IC 34-28-5-1 and for deposit in the state general fund
871	871	2024 IN 126—LS 6294/DI 106 21
872	872	1 fifty-five percent (55%) of the amount of fees collected under the
873	873	2 following:
874	874	3 (1) IC 33-37-4-1(a) (criminal costs fees).
875	875	4 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
876	876	5 (3) IC 33-37-4-4(a) (civil costs fees).
877	877	6 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
878	878	7 (5) IC 33-37-5-17 (deferred prosecution fees).
879	879	8 (b) The city or town fiscal officer shall distribute monthly to the
880	880	9 county auditor as the county share twenty percent (20%) of the amount
881	881	10 of fees collected under the following:
882	882	11 (1) IC 33-37-4-1(a) (criminal costs fees).
883	883	12 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
884	884	13 (3) IC 33-37-4-4(a) (civil costs fees).
885	885	14 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
886	886	15 (5) IC 33-37-5-17 (deferred prosecution fees).
887	887	16 (c) The city or town fiscal officer shall retain twenty-five percent
888	888	17 (25%) as the city or town share of the fees collected under the
889	889	18 following:
890	890	19 (1) IC 33-37-4-1(a) (criminal costs fees).
891	891	20 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
892	892	21 (3) IC 33-37-4-4(a) (civil costs fees).
893	893	22 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
894	894	23 (5) IC 33-37-5-17 (deferred prosecution fees).
895	895	24 (d) The clerk of a city or town court shall distribute semiannually to
896	896	25 the auditor of state comptroller for deposit in the state user fee fund
897	897	26 established in IC 33-37-9 the following:
898	898	27 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
899	899	28 interdiction, and correction fees collected under
900	900	29 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
901	901	30 (2) Twenty-five percent (25%) of the alcohol and drug
902	902	31 countermeasures fees collected under IC 33-37-4-1(b)(6),
903	903	32 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
904	904	33 IC 33-37-4-3(b)(4).
905	905	34 (3) One hundred percent (100%) of the highway worksite fees
906	906	35 collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
907	907	36 IC 33-37-4-2(b)(5).
908	908	37 (4) Seventy-five percent (75%) of the safe schools fee collected
909	909	38 under IC 33-37-5-18.
910	910	39 (5) One hundred percent (100%) of the automated record keeping
911	911	40 fee collected under IC 33-37-5-21 not distributed under
912	912	41 subsection (a).
913	913	42 (e) The clerk of a city or town court shall distribute monthly to the
914	914	2024 IN 126—LS 6294/DI 106 22
915	915	1 county auditor the following:
916	916	2 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
917	917	3 interdiction, and correction fees collected under
918	918	4 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
919	919	5 (2) Seventy-five percent (75%) of the alcohol and drug
920	920	6 countermeasures fees collected under IC 33-37-4-1(b)(6),
921	921	7 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
922	922	8 IC 33-37-4-3(b)(4).
923	923	9 The county auditor shall deposit fees distributed by a clerk under this
924	924	10 subsection into the county drug free community fund established under
925	925	11 IC 5-2-11.
926	926	12 (f) The clerk of a city or town court shall distribute monthly to the
927	927	13 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
928	928	14 percent (100%) of the following:
929	929	15 (1) The late payment fees collected under IC 33-37-5-22.
930	930	16 (2) The small claims service fee collected under
931	931	17 IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
932	932	18 (3) The small claims garnishee service fee collected under
933	933	19 IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
934	934	20 (4) Twenty-five percent (25%) of the safe schools fee collected
935	935	21 under IC 33-37-5-18.
936	936	22 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
937	937	23 fees distributed by a clerk under this subsection in the city or town
938	938	24 general fund.
939	939	25 (g) The clerk of a city or town court shall semiannually distribute to
940	940	26 the auditor of state comptroller for deposit in the state general fund
941	941	27 one hundred percent (100%) of the following:
942	942	28 (1) The public defense administration fee collected under
943	943	29 IC 33-37-5-21.2.
944	944	30 (2) The DNA sample processing fees collected under
945	945	31 IC 33-37-5-26.2.
946	946	32 (3) The court administration fees collected under IC 33-37-5-27.
947	947	33 (4) The judicial insurance adjustment fee collected under
948	948	34 IC 33-37-5-25.
949	949	35 (h) The clerk of a city or town court shall semiannually distribute to
950	950	36 the auditor of state comptroller for deposit in the state general fund
951	951	37 seventy-five percent (75%) of the judicial salaries fee collected under
952	952	38 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
953	953	39 percent (25%) of the judicial salaries fee collected under
954	954	40 IC 33-37-5-26. The funds retained by the city or town shall be
955	955	41 prioritized to fund city or town court operations.
956	956	42 (i) The clerk of a city or town court shall distribute semiannually to
957	957	2024 IN 126—LS 6294/DI 106 23
958	958	1 the auditor of state comptroller for deposit in the pro bono legal
959	959	2 services fund established by IC 33-37-5-34 one hundred percent
960	960	3 (100%) of the pro bono legal services fees collected before July 1,
961	961	4 2025, under IC 33-37-5-31.
962	962	5 SECTION 14. IC 33-37-8-5, AS AMENDED BY P.L.101-2022,
963	963	6 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
964	964	7 JULY 1, 2024]: Sec. 5. (a) A county user fee fund is established in each
965	965	8 county to finance various program services. The county fund is
966	966	9 administered by the county auditor.
967	967	10 (b) The county fund consists of the following fees collected by a
968	968	11 clerk under this article:
969	969	12 (1) The pretrial diversion program fee.
970	970	13 (2) The marijuana eradication program fee.
971	971	14 (3) (2) The alcohol and drug services program fee.
972	972	15 (4) (3) The law enforcement continuing education program fee.
973	973	16 (5) (4) The deferral program fee.
974	974	17 (6) (5) The jury fee.
975	975	18 (7) (6) The problem solving court fee.
976	976	19 (c) All of the jury fee and two dollars ($2) of a deferral program fee
977	977	20 collected under IC 33-37-4-2(e) shall be deposited by the county
978	978	21 auditor in the jury pay fund established under IC 33-37-11.
979	979	22 SECTION 15. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
980	980	23 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
981	981	24 JULY 1, 2024]: Sec. 8.3. (a) This section does not apply to a rolling
982	982	25 paper.
983	983	26 (b) A person who knowingly or intentionally possesses an
984	984	27 instrument, a device, or another object that the person intends to use
985	985	28 for:
986	986	29 (1) introducing into the person's body a controlled substance;
987	987	30 (2) testing the strength, effectiveness, or purity of a controlled
988	988	31 substance; or
989	989	32 (3) enhancing the effect of a controlled substance;
990	990	33 commits a Class C misdemeanor. However, the offense is a Class A
991	991	34 misdemeanor if the person has a prior unrelated judgment or conviction
992	992	35 under this section.
993	993	36 (c) It is a defense to an action or prosecution under this section
994	994	37 that:
995	995	38 (1) the person who possesses the instrument, device, or other
996	996	39 object is a:
997	997	40 (A) qualified patient (as defined in IC 7.1-8-1) or qualified
998	998	41 primary caregiver (as defined in IC 7.1-8-1); or
999	999	42 (B) person listed on a valid marijuana research license
1000	1000	2024 IN 126—LS 6294/DI 106 24
1001	1001	1 issued by the regulatory agency under IC 7.1-9; and
1002	1002	2 (2) the instrument, device, or other object is for the use of
1003	1003	3 medical marijuana or research relating to the use of medical
1004	1004	4 marijuana.
1005	1005	5 SECTION 16. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
1006	1006	6 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1007	1007	7 JULY 1, 2024]: Sec. 10. (a) A person who:
1008	1008	8 (1) knowingly or intentionally:
1009	1009	9 (A) manufactures;
1010	1010	10 (B) finances the manufacture of;
1011	1011	11 (C) delivers; or
1012	1012	12 (D) finances the delivery of;
1013	1013	13 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
1014	1014	14 (2) possesses, with intent to:
1015	1015	15 (A) manufacture;
1016	1016	16 (B) finance the manufacture of;
1017	1017	17 (C) deliver; or
1018	1018	18 (D) finance the delivery of;
1019	1019	19 marijuana, hash oil, hashish, or salvia, pure or adulterated;
1020	1020	20 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
1021	1021	21 misdemeanor, except as provided in subsections (b) through (d).
1022	1022	22 (b) A person may be convicted of an offense under subsection (a)(2)
1023	1023	23 only if:
1024	1024	24 (1) there is evidence in addition to the weight of the drug that the
1025	1025	25 person intended to manufacture, finance the manufacture of,
1026	1026	26 deliver, or finance the delivery of the drug; or
1027	1027	27 (2) the amount of the drug involved is at least:
1028	1028	28 (A) ten (10) pounds, if the drug is marijuana; or
1029	1029	29 (B) three hundred (300) grams, if the drug is hash oil, hashish,
1030	1030	30 or salvia.
1031	1031	31 (c) The offense is a Level 6 felony if:
1032	1032	32 (1) the person has a prior conviction for a drug offense and the
1033	1033	33 amount of the drug involved is:
1034	1034	34 (A) less than thirty (30) grams of marijuana; or
1035	1035	35 (B) less than five (5) grams of hash oil, hashish, or salvia; or
1036	1036	36 (2) the amount of the drug involved is:
1037	1037	37 (A) at least thirty (30) grams but less than ten (10) pounds of
1038	1038	38 marijuana; or
1039	1039	39 (B) at least five (5) grams but less than three hundred (300)
1040	1040	40 grams of hash oil, hashish, or salvia.
1041	1041	41 (d) The offense is a Level 5 felony if:
1042	1042	42 (1) the person has a prior conviction for a drug dealing offense
1043	1043	2024 IN 126—LS 6294/DI 106 25
1044	1044	1 and the amount of the drug involved is:
1045	1045	2 (A) at least thirty (30) grams but less than ten (10) pounds of
1046	1046	3 marijuana; or
1047	1047	4 (B) at least five (5) grams but less than three hundred (300)
1048	1048	5 grams of hash oil, hashish, or salvia;
1049	1049	6 (2) the:
1050	1050	7 (A) amount of the drug involved is:
1051	1051	8 (i) at least ten (10) pounds of marijuana; or
1052	1052	9 (ii) at least three hundred (300) grams of hash oil, hashish,
1053	1053	10 or salvia; or
1054	1054	11 (B) offense involved a sale to a minor; or
1055	1055	12 (3) the:
1056	1056	13 (A) person is a retailer;
1057	1057	14 (B) marijuana, hash oil, hashish, or salvia is packaged in a
1058	1058	15 manner that appears to be low THC hemp extract; and
1059	1059	16 (C) person knew or reasonably should have known that the
1060	1060	17 product was marijuana, hash oil, hashish, or salvia.
1061	1061	18 (e) It is a defense to a prosecution under this section for an
1062	1062	19 offense involving marijuana, hash oil, or hashish that the person is
1063	1063	20 a:
1064	1064	21 (1) qualified primary caregiver (as defined in IC 7.1-8-1), if:
1065	1065	22 (A) the possession or delivery of the marijuana, hash oil, or
1066	1066	23 hashish is permitted under IC 7.1-8-2-3; and
1067	1067	24 (B) the quantity of marijuana, hash oil, or hashish
1068	1068	25 possessed or delivered does not exceed the permissible
1069	1069	26 amounts set forth in IC 7.1-8-2-3; or
1070	1070	27 (2) person listed on a valid marijuana research license issued
1071	1071	28 by the regulatory agency under IC 7.1-9, if:
1072	1072	29 (A) the possession or delivery of the marijuana, hash oil, or
1073	1073	30 hashish is permitted by the research license issued by the
1074	1074	31 regulatory agency under IC 7.1-9-5; and
1075	1075	32 (B) the quantity of marijuana, hash oil, or hashish
1076	1076	33 possessed or delivered does not exceed the permissible
1077	1077	34 quantity authorized by the research license issued by the
1078	1078	35 regulatory agency.
1079	1079	36 SECTION 17. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
1080	1080	37 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1081	1081	38 JULY 1, 2024]: Sec. 11. (a) A person who:
1082	1082	39 (1) knowingly or intentionally possesses (pure or adulterated)
1083	1083	40 marijuana, hash oil, hashish, or salvia;
1084	1084	41 (2) knowingly or intentionally grows or cultivates marijuana; or
1085	1085	42 (3) knowing that marijuana is growing on the person's premises,
1086	1086	2024 IN 126—LS 6294/DI 106 26
1087	1087	1 fails to destroy the marijuana plants;
1088	1088	2 commits possession of marijuana, hash oil, hashish, or salvia, a Class
1089	1089	3 B misdemeanor, except as provided in subsections (b) through (c).
1090	1090	4 (b) The offense described in subsection (a) is a Class A
1091	1091	5 misdemeanor if:
1092	1092	6 (1) the person has a prior conviction for a drug offense; or
1093	1093	7 (2) the:
1094	1094	8 (A) marijuana, hash oil, hashish, or salvia is packaged in a
1095	1095	9 manner that appears to be low THC hemp extract; and
1096	1096	10 (B) person knew or reasonably should have known that the
1097	1097	11 product was marijuana, hash oil, hashish, or salvia.
1098	1098	12 (c) The offense described in subsection (a) is a Level 6 felony if:
1099	1099	13 (1) the person has a prior conviction for a drug offense; and
1100	1100	14 (2) the person possesses:
1101	1101	15 (A) at least thirty (30) grams of marijuana; or
1102	1102	16 (B) at least five (5) grams of hash oil, hashish, or salvia.
1103	1103	17 (d) It is a defense to a prosecution under this section for an
1104	1104	18 offense involving marijuana, hash oil, or hashish that the person is
1105	1105	19 a:
1106	1106	20 (1) qualified patient (as defined in IC 7.1-8-1) or qualified
1107	1107	21 primary caregiver (as defined in IC 7.1-8-1), if:
1108	1108	22 (A) the possession or cultivation of the marijuana, hash oil,
1109	1109	23 or hashish is permitted under IC 7.1-8-2-2; and
1110	1110	24 (B) the quantity of marijuana, hash oil, or hashish
1111	1111	25 possessed or cultivated does not exceed the permissible
1112	1112	26 amounts set forth in IC 7.1-8-2-2; or
1113	1113	27 (2) person listed on a valid marijuana research license issued
1114	1114	28 by the regulatory agency under IC 7.1-9, if:
1115	1115	29 (A) the possession or cultivation of the marijuana, hash oil,
1116	1116	30 or hashish is permitted by the research license issued by
1117	1117	31 the regulatory agency under IC 7.1-9-5; and
1118	1118	32 (B) the quantity of marijuana, hash oil, or hashish
1119	1119	33 possessed or cultivated does not exceed the permissible
1120	1120	34 quantity authorized by the research license issued by the
1121	1121	35 regulatory agency.
1122	1122	36 SECTION 18. IC 35-52-7-97 IS ADDED TO THE INDIANA
1123	1123	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
1124	1124	38 [EFFECTIVE JULY 1, 2024]: Sec. 97. IC 7.1-8-2-1 defines crimes
1125	1125	39 concerning medical marijuana.
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