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Indiana House Bill HB1178

Indiana 2025 Regular Session

Indiana House Bill HB1178 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 HOUSE BILL No. 1178
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 9-30-5; IC 16-18-2; IC 16-53; IC 35-46-9-6;
77 IC 35-48-4; IC 35-52-16.
88 Synopsis: Medical marijuana. Permits the use of medical marijuana
99 by persons with serious medical conditions as determined by their
1010 physician. Establishes a medical marijuana program to permit the
1111 cultivation, processing, testing, transportation, and dispensing of
1212 medical marijuana by holders of a valid permit. Requires the Indiana
1313 department of health (state department) to implement and enforce the
1414 medical marijuana program. Requires that permit holders undertake
1515 steps to prevent diversion of medical marijuana to unauthorized
1616 persons. Requires that medical marijuana and medical marijuana
1717 products be properly labeled, placed in child resistant packaging, and
1818 tested by an independent testing laboratory before being made
1919 available for purchase. Prohibits packaging medical marijuana in a
2020 manner that is appealing to children. Authorizes research on medical
2121 marijuana in accordance with rules set forth by the state department.
2222 Prohibits discrimination against medical marijuana users. Prohibits
2323 harassment of medical marijuana users by law enforcement officers,
2424 and prohibits cooperation with federal law enforcement officials
2525 seeking to enforce federal laws that criminalize the use of marijuana
2626 authorized in Indiana. Establishes the medical marijuana oversight
2727 committee to review appeals and grievances concerning the medical
2828 marijuana program. Provides a defense to prosecution for a person who
2929 operates a vehicle or motorboat with marijuana or its metabolite in the
3030 person's blood under certain conditions that involve medical marijuana.
3131 Makes conforming amendments.
3232 Effective: July 1, 2025.
3333 Lucas, Lindauer
3434 January 8, 2025, read first time and referred to Committee on Public Health.
3535 2025 IN 1178—LS 6395/DI 151 Introduced
3636 First Regular Session of the 124th General Assembly (2025)
3737 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3838 Constitution) is being amended, the text of the existing provision will appear in this style type,
3939 additions will appear in this style type, and deletions will appear in this style type.
4040 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4141 provision adopted), the text of the new provision will appear in this style type. Also, the
4242 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4343 a new provision to the Indiana Code or the Indiana Constitution.
4444 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4545 between statutes enacted by the 2024 Regular Session of the General Assembly.
4646 HOUSE BILL No. 1178
4747 A BILL FOR AN ACT to amend the Indiana Code concerning
4848 health.
4949 Be it enacted by the General Assembly of the State of Indiana:
5050 1 SECTION 1. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
5151 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5252 3 JULY 1, 2025]: Sec. 1. (a) A person who operates a vehicle with an
5353 4 alcohol concentration equivalent to at least eight-hundredths (0.08)
5454 5 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
5555 6 per:
5656 7 (1) one hundred (100) milliliters of the person's blood; or
5757 8 (2) two hundred ten (210) liters of the person's breath;
5858 9 commits a Class C misdemeanor.
5959 10 (b) A person who operates a vehicle with an alcohol concentration
6060 11 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
6161 12 (1) one hundred (100) milliliters of the person's blood; or
6262 13 (2) two hundred ten (210) liters of the person's breath;
6363 14 commits a Class A misdemeanor.
6464 15 (c) A person who operates a vehicle with a controlled substance
6565 16 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
6666 17 blood commits a Class C misdemeanor.
6767 2025 IN 1178—LS 6395/DI 151 2
6868 1 (d) It is a defense to subsection (c) that:
6969 2 (1) the accused person consumed the controlled substance in
7070 3 accordance with a valid prescription or order of a practitioner (as
7171 4 defined in IC 35-48-1) who acted in the course of the
7272 5 practitioner's professional practice; or
7373 6 (2) the:
7474 7 (A) controlled substance is marijuana or a metabolite of
7575 8 marijuana;
7676 9 (B) person was not intoxicated;
7777 10 (C) person did not cause a traffic accident; and
7878 11 (D) substance was identified by means of a chemical test taken
7979 12 pursuant to IC 9-30-7; or
8080 13 (3) the:
8181 14 (A) controlled substance is marijuana or a metabolite of
8282 15 marijuana;
8383 16 (B) accused person is a person authorized to use medical
8484 17 marijuana under IC 16-53; and
8585 18 (C) accused person used the medical marijuana in
8686 19 substantial compliance with the requirements of IC 16-53.
8787 20 SECTION 2. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
8888 21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8989 22 JULY 1, 2025]: Sec. 4. (a) A person who causes serious bodily injury
9090 23 to another person when operating a vehicle:
9191 24 (1) with an alcohol concentration equivalent to at least
9292 25 eight-hundredths (0.08) gram of alcohol per:
9393 26 (A) one hundred (100) milliliters of the person's blood; or
9494 27 (B) two hundred ten (210) liters of the person's breath;
9595 28 (2) with a controlled substance listed in schedule I or II of
9696 29 IC 35-48-2 or its metabolite in the person's blood; or
9797 30 (3) while intoxicated;
9898 31 commits a Level 5 felony. However, the offense is a Level 4 felony if
9999 32 the person has a previous conviction of operating while intoxicated
100100 33 within the five (5) years preceding the commission of the offense.
101101 34 (b) A person who violates subsection (a) commits a separate offense
102102 35 for each person whose serious bodily injury is caused by the violation
103103 36 of subsection (a).
104104 37 (c) It is a defense under subsection (a)(2) that:
105105 38 (1) the accused person consumed the controlled substance in
106106 39 accordance with a valid prescription or order of a practitioner (as
107107 40 defined in IC 35-48-1) who acted in the course of the
108108 41 practitioner's professional practice; or
109109 42 (2) the:
110110 2025 IN 1178—LS 6395/DI 151 3
111111 1 (A) controlled substance is marijuana or a metabolite of
112112 2 marijuana;
113113 3 (B) accused person is a person authorized to use medical
114114 4 marijuana under IC 16-53; and
115115 5 (C) accused person used the medical marijuana in
116116 6 substantial compliance with the requirements of IC 16-53.
117117 7 SECTION 3. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
118118 8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119119 9 JULY 1, 2025]: Sec. 5. (a) A person who causes the death or
120120 10 catastrophic injury of another person when operating a vehicle:
121121 11 (1) with an alcohol concentration equivalent to at least
122122 12 eight-hundredths (0.08) gram of alcohol per:
123123 13 (A) one hundred (100) milliliters of the person's blood; or
124124 14 (B) two hundred ten (210) liters of the person's breath;
125125 15 (2) with a controlled substance listed in schedule I or II of
126126 16 IC 35-48-2 or its metabolite in the person's blood; or
127127 17 (3) while intoxicated;
128128 18 commits a Level 4 felony.
129129 19 (b) A person who causes the death of a law enforcement animal (as
130130 20 defined in IC 35-46-3-4.5) when operating a vehicle:
131131 21 (1) with an alcohol concentration equivalent to at least
132132 22 eight-hundredths (0.08) gram of alcohol per:
133133 23 (A) one hundred (100) milliliters of the person's blood; or
134134 24 (B) two hundred ten (210) liters of the person's breath; or
135135 25 (2) with a controlled substance listed in schedule I or II of
136136 26 IC 35-48-2 or its metabolite in the person's blood;
137137 27 commits a Level 6 felony.
138138 28 (c) A person who commits an offense under subsection (a) or (b)
139139 29 commits a separate offense for each person or law enforcement animal
140140 30 whose death (or catastrophic injury, in the case of a person) is caused
141141 31 by the violation of subsection (a) or (b).
142142 32 (d) It is a defense under subsection (a) or (b) that:
143143 33 (1) the person accused of causing the death or catastrophic injury
144144 34 of another person or the death of a law enforcement animal when
145145 35 operating a vehicle with a controlled substance listed in schedule
146146 36 I or II of IC 35-48-2 or its metabolite in the person's blood
147147 37 consumed the controlled substance in accordance with a valid
148148 38 prescription or order of a practitioner (as defined in IC 35-48-1)
149149 39 who acted in the course of the practitioner's professional practice;
150150 40 or
151151 41 (2) the:
152152 42 (A) controlled substance is marijuana or a metabolite of
153153 2025 IN 1178—LS 6395/DI 151 4
154154 1 marijuana;
155155 2 (B) accused person is a person authorized to use medical
156156 3 marijuana under IC 16-53; and
157157 4 (C) accused person used the medical marijuana in
158158 5 substantial compliance with the requirements of IC 16-53.
159159 6 SECTION 4. IC 16-18-2-48.8 IS ADDED TO THE INDIANA
160160 7 CODE AS A NEW SECTION TO READ AS FOLLOWS
161161 8 [EFFECTIVE JULY 1, 2025]: Sec. 48.8. "Caregiver", for purposes
162162 9 of IC 16-53, has the meaning set forth in IC 16-53-1-1.
163163 10 SECTION 5. IC 16-18-2-92.6, AS AMENDED BY P.L.101-2006,
164164 11 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
165165 12 JULY 1, 2025]: Sec. 92.6. (a) "Department", for purposes of
166166 13 IC 16-31-8.5, has the meaning set forth in IC 16-31-8.5-1.
167167 14 (b) "Department", for purposes of IC 16-47-1, has the meaning set
168168 15 forth in IC 16-47-1-1.
169169 16 (c) "Department", for purposes of IC 16-53, has the meaning set
170170 17 forth in IC 16-53-1-1.
171171 18 SECTION 6. IC 16-18-2-96.6 IS ADDED TO THE INDIANA
172172 19 CODE AS A NEW SECTION TO READ AS FOLLOWS
173173 20 [EFFECTIVE JULY 1, 2025]: Sec. 96.6. "Dispensary", for purposes
174174 21 of IC 16-53, has the meaning set forth in IC 16-53-1-1.
175175 22 SECTION 7. IC 16-18-2-122.6 IS ADDED TO THE INDIANA
176176 23 CODE AS A NEW SECTION TO READ AS FOLLOWS
177177 24 [EFFECTIVE JULY 1, 2025]: Sec. 122.6. "Family or household
178178 25 member", for purposes of IC 16-53, has the meaning set forth in
179179 26 IC 16-53-1-1.
180180 27 SECTION 8. IC 16-18-2-139.6 IS ADDED TO THE INDIANA
181181 28 CODE AS A NEW SECTION TO READ AS FOLLOWS
182182 29 [EFFECTIVE JULY 1, 2025]: Sec. 139.6. "Form of medical
183183 30 marijuana", for purposes of IC 16-53, has the meaning set forth in
184184 31 IC 16-53-1-1.
185185 32 SECTION 9. IC 16-18-2-154.5 IS ADDED TO THE INDIANA
186186 33 CODE AS A NEW SECTION TO READ AS FOLLOWS
187187 34 [EFFECTIVE JULY 1, 2025]: Sec. 154.5. "Grower", for purposes of
188188 35 IC 16-53, has the meaning set forth in IC 16-53-1-1.
189189 36 SECTION 10. IC 16-18-2-185.5 IS ADDED TO THE INDIANA
190190 37 CODE AS A NEW SECTION TO READ AS FOLLOWS
191191 38 [EFFECTIVE JULY 1, 2025]: Sec. 185.5. "Identification card", for
192192 39 purposes of IC 16-53, has the meaning set forth in IC 16-53-1-1.
193193 40 SECTION 11. IC 16-18-2-190.6 IS ADDED TO THE INDIANA
194194 41 CODE AS A NEW SECTION TO READ AS FOLLOWS
195195 42 [EFFECTIVE JULY 1, 2025]: Sec. 190.6. "INSPECT", for purposes
196196 2025 IN 1178—LS 6395/DI 151 5
197197 1 of IC 16-53, has the meaning set forth in IC 16-53-1-1.
198198 2 SECTION 12. IC 16-18-2-216.5 IS ADDED TO THE INDIANA
199199 3 CODE AS A NEW SECTION TO READ AS FOLLOWS
200200 4 [EFFECTIVE JULY 1, 2025]: Sec. 216.5. "Marijuana", for purposes
201201 5 of IC 16-53, has the meaning set forth in IC 16-53-1-1.
202202 6 SECTION 13. IC 16-18-2-223.8 IS ADDED TO THE INDIANA
203203 7 CODE AS A NEW SECTION TO READ AS FOLLOWS
204204 8 [EFFECTIVE JULY 1, 2025]: Sec. 223.8. "Medical marijuana", for
205205 9 purposes of IC 16-53, has the meaning set forth in IC 16-53-1-1.
206206 10 SECTION 14. IC 16-18-2-223.9 IS ADDED TO THE INDIANA
207207 11 CODE AS A NEW SECTION TO READ AS FOLLOWS
208208 12 [EFFECTIVE JULY 1, 2025]: Sec. 223.9. "Medical marijuana
209209 13 organization", for purposes of IC 16-53, has the meaning set forth
210210 14 in IC 16-53-1-1.
211211 15 SECTION 15. IC 16-18-2-272, AS AMENDED BY P.L.153-2018,
212212 16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
213213 17 JULY 1, 2025]: Sec. 272. (a) "Patient", for purposes of IC 16-27-1, has
214214 18 the meaning set forth in IC 16-27-1-6.
215215 19 (b) "Patient", for purposes of IC 16-28 and IC 16-29, means an
216216 20 individual who has been accepted and assured care by a health facility.
217217 21 (c) "Patient", for purposes of IC 16-36-1.5, has the meaning set forth
218218 22 in IC 16-36-1.5-3.
219219 23 (d) "Patient", for purposes of IC 16-39, means an individual who has
220220 24 received health care services from a provider for the examination,
221221 25 treatment, diagnosis, or prevention of a physical or mental condition.
222222 26 (e) "Patient", for purposes of IC 16-53, has the meaning set
223223 27 forth in IC 16-53-1-1.
224224 28 SECTION 16. IC 16-18-2-273.7 IS ADDED TO THE INDIANA
225225 29 CODE AS A NEW SECTION TO READ AS FOLLOWS
226226 30 [EFFECTIVE JULY 1, 2025]: Sec. 273.7. "Permit", for purposes of
227227 31 IC 16-53, has the meaning set forth in IC 16-53-1-1.
228228 32 SECTION 17. IC 16-18-2-293.7 IS ADDED TO THE INDIANA
229229 33 CODE AS A NEW SECTION TO READ AS FOLLOWS
230230 34 [EFFECTIVE JULY 1, 2025]: Sec. 293.7. "Processor", for purposes
231231 35 of IC 16-53, has the meaning set forth in IC 16-53-1-1.
232232 36 SECTION 18. IC 16-18-2-328.7 IS ADDED TO THE INDIANA
233233 37 CODE AS A NEW SECTION TO READ AS FOLLOWS
234234 38 [EFFECTIVE JULY 1, 2025]: Sec. 328.7. "Serious medical
235235 39 condition", for purposes of IC 16-53, has the meaning set forth in
236236 40 IC 16-53-1-1.
237237 41 SECTION 19. IC 16-18-2-351.6 IS ADDED TO THE INDIANA
238238 42 CODE AS A NEW SECTION TO READ AS FOLLOWS
239239 2025 IN 1178—LS 6395/DI 151 6
240240 1 [EFFECTIVE JULY 1, 2025]: Sec. 351.6. "Testing laboratory", for
241241 2 purposes of IC 16-53, has the meaning set forth in IC 16-53-1-1.
242242 3 SECTION 20. IC 16-18-2-354.2 IS ADDED TO THE INDIANA
243243 4 CODE AS A NEW SECTION TO READ AS FOLLOWS
244244 5 [EFFECTIVE JULY 1, 2025]: Sec. 354.2. "Transporter", for
245245 6 purposes of IC 16-53, has the meaning set forth in IC 16-53-1-1.
246246 7 SECTION 21. IC 16-53 IS ADDED TO THE INDIANA CODE AS
247247 8 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
248248 9 2025]:
249249 10 ARTICLE 53. MEDICAL MARIJUANA
250250 11 Chapter 1. Definitions
251251 12 Sec. 1. The following definitions apply throughout this article:
252252 13 (1) "Caregiver" means the individual designated by a patient
253253 14 under this article to obtain, possess, deliver, and assist in the
254254 15 administration of medical marijuana to the patient.
255255 16 (2) "Department" means the Indiana department of health.
256256 17 (3) "Dispensary" means a person that holds a permit issued
257257 18 by the department to dispense medical marijuana.
258258 19 (4) "Family or household member" means a person described
259259 20 in IC 35-31.5-2-128.
260260 21 (5) "Form of medical marijuana" means the characteristics
261261 22 of the medical marijuana recommended for a particular
262262 23 patient, including the method of consumption, and any
263263 24 particular dosage, strain, variety, quantity, or percentage of
264264 25 medical marijuana or of a particular active ingredient.
265265 26 (6) "Grower" means a person that holds a permit issued by
266266 27 the department to grow medical marijuana.
267267 28 (7) "Identification card" means a document issued to a
268268 29 patient or caregiver by the department authorizing access to
269269 30 marijuana.
270270 31 (8) "INSPECT" means the Indiana scheduled prescription
271271 32 electronic collection and tracking program established by
272272 33 IC 25-1-13-4.
273273 34 (9) "Marijuana" has the meaning set forth in IC 35-48-1-19.
274274 35 (10) "Medical marijuana" means marijuana for medical use.
275275 36 (11) "Medical marijuana organization" means a dispensary,
276276 37 a grower, a processor, or a testing laboratory.
277277 38 (12) "Patient" means an individual who:
278278 39 (A) has a serious medical condition; and
279279 40 (B) meets the requirements for certification under this
280280 41 article.
281281 42 (13) "Permit" means an authorization issued by the
282282 2025 IN 1178—LS 6395/DI 151 7
283283 1 department to a medical marijuana organization to conduct
284284 2 activities under this article.
285285 3 (14) "Processor" means a person that holds a permit issued by
286286 4 the department to process or convert plant material into a
287287 5 marketable form.
288288 6 (15) "Serious medical condition" means a medical condition
289289 7 for which, in the professional opinion of a physician, the
290290 8 benefits of treatment with medical marijuana are greater than
291291 9 the risks of treatment with medical marijuana.
292292 10 (16) "Testing laboratory" means a laboratory that analyzes
293293 11 medical marijuana.
294294 12 (17) "Transporter" means a person who transports medical
295295 13 marijuana or paraphernalia. The term includes a person who
296296 14 does not possess a permit or identification card.
297297 15 Chapter 2. Medical Marijuana Program
298298 16 Sec. 1. (a) The medical marijuana program is established to
299299 17 serve patients suffering from a serious medical condition.
300300 18 (b) The department shall administer the program.
301301 19 (c) The department has regulatory and enforcement authority
302302 20 over the growing, processing, sale, dispensing, transporting, and
303303 21 use of medical marijuana.
304304 22 Sec. 2. The department shall do the following:
305305 23 (1) Issue a permit to a qualifying medical marijuana
306306 24 organization authorizing the medical marijuana organization
307307 25 to grow, process, dispense, or test medical marijuana.
308308 26 (2) Establish and maintain an electronic data base to store
309309 27 and track information relating to the medical marijuana
310310 28 program. The electronic data base must:
311311 29 (A) have the ability to authenticate in real time an
312312 30 identification card presented to a dispensary;
313313 31 (B) track in real time the amount of marijuana provided to
314314 32 a patient or caregiver at a dispensary, and share this
315315 33 information in real time with other dispensaries to prevent
316316 34 diversion;
317317 35 (C) store records relating to a physician's certification,
318318 36 including, if applicable, the recommended form of medical
319319 37 marijuana and any early expiration date recommended by
320320 38 the physician; and
321321 39 (D) track the cultivation, processing, transport, storage,
322322 40 and dispensing of medical marijuana.
323323 41 (3) Maintain within the department's electronic data base an
324324 42 electronic directory of patients and caregivers approved to
325325 2025 IN 1178—LS 6395/DI 151 8
326326 1 use or assist in the administration of medical marijuana.
327327 2 (4) Develop enforcement procedures, including announced
328328 3 and unannounced inspections of:
329329 4 (A) a dispensary;
330330 5 (B) a grower facility;
331331 6 (C) a processor facility; and
332332 7 (D) all records of a medical marijuana organization.
333333 8 (5) Establish a program to authorize the use of medical
334334 9 marijuana for medical research purposes, and issue
335335 10 documents to permit a researcher to obtain medical
336336 11 marijuana for research purposes.
337337 12 (6) Establish and maintain public outreach programs about
338338 13 the medical marijuana program, including:
339339 14 (A) a dedicated telephone number for patients, caregivers,
340340 15 and members of the public to obtain basic information
341341 16 about the dispensing of medical marijuana; and
342342 17 (B) a publicly accessible website with similar information.
343343 18 (7) Collaborate as necessary with other state agencies, and
344344 19 contract with third parties as necessary to carry out the
345345 20 medical marijuana program.
346346 21 (8) Develop record keeping requirements for all books,
347347 22 papers, any electronic data base or tracking system data, and
348348 23 other information of a medical marijuana organization.
349349 24 Information shall be retained for at least four (4) years unless
350350 25 otherwise provided by the department.
351351 26 (9) Restrict the advertising and marketing of medical
352352 27 marijuana, which must be consistent with the federal
353353 28 regulations governing prescription drug advertising and
354354 29 marketing.
355355 30 Sec. 3. The department shall adopt rules under IC 4-22-2 to
356356 31 implement this article.
357357 32 Sec. 4. (a) The department shall maintain a confidential list of
358358 33 patients and caregivers to whom the department has issued
359359 34 identification cards. Except as provided in subsection (b), all
360360 35 information obtained by the department relating to patients,
361361 36 caregivers, and other applicants is confidential.
362362 37 (b) The following records are public:
363363 38 (1) An application for a permit submitted by a medical
364364 39 marijuana organization.
365365 40 (2) Information relating to penalties or other disciplinary
366366 41 actions taken against a medical marijuana organization for
367367 42 violation of this article.
368368 2025 IN 1178—LS 6395/DI 151 9
369369 1 Chapter 3. Use of Medical Marijuana
370370 2 Sec. 1. Notwithstanding any law to the contrary, the use,
371371 3 possession, delivery, distribution, transport, cultivation, or
372372 4 manufacture of:
373373 5 (1) medical marijuana; or
374374 6 (2) paraphernalia used in connection with medical marijuana;
375375 7 is lawful if the use or possession complies with this article.
376376 8 However, this article does not authorize a person to operate a
377377 9 motor vehicle, a motorboat, or any other device or equipment
378378 10 while under the influence of medical marijuana.
379379 11 Sec. 2. The use of medical marijuana is subject to the following:
380380 12 (1) Medical marijuana may be dispensed only to:
381381 13 (A) a patient who receives a certification from a physician
382382 14 and is in possession of a valid identification card issued by
383383 15 the department that authorizes dispensing medical
384384 16 marijuana to the patient;
385385 17 (B) a caregiver who possesses a valid identification card
386386 18 issued by the department; or
387387 19 (C) a research facility authorized by the department, under
388388 20 terms and conditions established by the department.
389389 21 (2) If a physician has ordered that medical marijuana be
390390 22 dispensed in a specific form, medical marijuana may be
391391 23 dispensed only in that form.
392392 24 (3) An individual may not act as a caregiver for more than ten
393393 25 (10) patients.
394394 26 (4) A patient may designate up to two (2) caregivers at any
395395 27 one (1) time.
396396 28 (5) Medical marijuana that has not been used by the patient
397397 29 shall be kept in the original package in which it was
398398 30 dispensed.
399399 31 (6) A patient or caregiver shall possess an identification card
400400 32 whenever the patient or caregiver is in possession of medical
401401 33 marijuana.
402402 34 (7) A product packaged by a medical marijuana organization
403403 35 may be identified only by:
404404 36 (A) the name of the grower or processor;
405405 37 (B) the name of the dispensary;
406406 38 (C) the form and species of medical marijuana;
407407 39 (D) the percentage of tetrahydrocannabinol and
408408 40 cannabinol contained in the product; and
409409 41 (E) any other labeling required by the department.
410410 42 Sec. 3. Except as expressly otherwise provided in this article, the
411411 2025 IN 1178—LS 6395/DI 151 10
412412 1 possession or use of medical marijuana is unlawful.
413413 2 Sec. 4. The following acts are unlawful:
414414 3 (1) To grow medical marijuana unless the person:
415415 4 (A) is a grower that has received a permit from the
416416 5 department;
417417 6 (B) is a patient with a valid identification card who is
418418 7 authorized to cultivate marijuana for personal use under
419419 8 this article; or
420420 9 (C) is a research facility authorized by the department.
421421 10 (2) To dispense medical marijuana unless the dispensary has
422422 11 received a permit from the department.
423423 12 Chapter 4. Physicians
424424 13 Sec. 1. (a) A physician who issues a patient certification under
425425 14 this article may not have an ownership interest in a medical
426426 15 marijuana organization.
427427 16 (b) A physician may issue a certification to a patient only if the
428428 17 physician:
429429 18 (1) establishes and intends to maintain a bona fide
430430 19 physician-patient relationship with the patient for the
431431 20 provision of medical services that is established by an in
432432 21 person visit and for which there is an expectation that the
433433 22 physician will provide care to the patient on an ongoing basis;
434434 23 or
435435 24 (2) establishes coordination with the patient's existing
436436 25 primary physician for treatment of the patient's serious
437437 26 medical condition.
438438 27 (c) A physician who violates this section may be subject to
439439 28 professional discipline.
440440 29 Sec. 2. A physician may issue a certification to use medical
441441 30 marijuana to a patient if the following requirements are met:
442442 31 (1) The physician has determined that the patient has a
443443 32 serious medical condition and has included the condition in
444444 33 the patient's health care record.
445445 34 (2) The patient is under the physician's continuing care for the
446446 35 serious medical condition, except as provided in section
447447 36 1(b)(2) of this chapter.
448448 37 (3) The physician has determined the patient is likely to
449449 38 receive therapeutic or palliative benefit from the use of
450450 39 medical marijuana.
451451 40 Sec. 3. A physician issuing a certification under section 1(b)(2)
452452 41 of this chapter may not issue a certification unless the physician
453453 42 has contacted the patient's existing primary physician to discuss
454454 2025 IN 1178—LS 6395/DI 151 11
455455 1 the patient's serious medical condition and which form of medical
456456 2 marijuana the patient is likely to benefit from.
457457 3 Sec. 4. A certification must include the following information:
458458 4 (1) The patient's name, date of birth, and address.
459459 5 (2) The specific serious medical condition of the patient.
460460 6 (3) A statement by the physician that the patient has a serious
461461 7 medical condition and the patient is under continuing care for
462462 8 the serious medical condition that is provided by:
463463 9 (A) the physician; or
464464 10 (B) the patient's primary physician (as described under
465465 11 section 1(b)(2) of this chapter).
466466 12 (4) The date of issuance.
467467 13 (5) The name, address, telephone number, and signature of
468468 14 the physician.
469469 15 (6) Any requirement or limitation concerning the appropriate
470470 16 form of medical marijuana, and any limitation on the
471471 17 duration of use, if applicable.
472472 18 Sec. 5. (a) A physician shall review INSPECT:
473473 19 (1) to determine the controlled substance history of a patient,
474474 20 before issuing a certification; and
475475 21 (2) before recommending a change of amount or form of
476476 22 medical marijuana.
477477 23 (b) A physician may access INSPECT to do any of the following:
478478 24 (1) To determine whether a patient is under treatment with a
479479 25 controlled substance by another physician or other person.
480480 26 (2) To allow the physician to review the patient's controlled
481481 27 substance history as considered necessary by the physician.
482482 28 (3) To provide to the patient, or caregiver on behalf of the
483483 29 patient if authorized by the patient, a copy of the patient's
484484 30 controlled substance history.
485485 31 Sec. 6. A physician shall do the following:
486486 32 (1) Provide the certification to the patient.
487487 33 (2) Provide a copy of the certification to the department,
488488 34 which shall place the information in the patient directory
489489 35 within the department's electronic data base. The certification
490490 36 may be transmitted to the department electronically.
491491 37 (3) File a copy of the certification in the patient's health care
492492 38 record.
493493 39 Sec. 7. A physician may not issue a certification for the
494494 40 physician's own use or for the use of a family or household member
495495 41 of the physician.
496496 42 Chapter 5. Certification Form
497497 2025 IN 1178—LS 6395/DI 151 12
498498 1 Sec. 1. The department shall develop a standard certification
499499 2 form, which the department shall provide to a physician upon
500500 3 request. The form must be available electronically. The form must
501501 4 include a statement that a false statement made by a physician is
502502 5 punishable under the penalties of perjury.
503503 6 Chapter 6. Patients
504504 7 Sec. 1. The department shall issue an identification card to a
505505 8 patient who has a valid certification and who otherwise meets the
506506 9 requirements of this article.
507507 10 Sec. 2. The department shall issue an identification card to a
508508 11 caregiver designated by the patient in accordance with this article.
509509 12 Sec. 3. Except as provided in section 4 of this chapter, an
510510 13 identification card issued to a patient authorizes the patient to
511511 14 obtain and use medical marijuana as authorized by this article.
512512 15 Except as provided in section 4 of this chapter, an identification
513513 16 card issued to a caregiver authorizes the caregiver to obtain
514514 17 medical marijuana on behalf of the patient.
515515 18 Sec. 4. (a) A patient holding a valid identification card may
516516 19 cultivate marijuana for the patient's own use if the patient
517517 20 complies with the following requirements:
518518 21 (1) The patient notifies the department on or before the date
519519 22 that the patient begins cultivation and informs the department
520520 23 of the number of plants the patient intends to cultivate and the
521521 24 location of cultivation.
522522 25 (2) The patient cultivates not more than six (6) plants.
523523 26 (3) Not more than three (3) of the plants may be mature at
524524 27 any one (1) time.
525525 28 (4) Marijuana from the plant is used only for the patient's
526526 29 personal use.
527527 30 (5) Not later than thirty (30) days before the expected date
528528 31 that the plants become mature, the patient notifies the
529529 32 department of the anticipated maturity date.
530530 33 (b) If the mature plants of a patient cultivating marijuana for
531531 34 the patient's own use die, become damaged, or are otherwise
532532 35 unable to produce marijuana for medical use, the patient shall
533533 36 notify the department, which shall reinstate the patient's
534534 37 authorization to obtain medical marijuana from a dispensary not
535535 38 later than fifteen (15) days after receipt of the notice.
536536 39 Chapter 7. Identification Cards
537537 40 Sec. 1. The department shall do the following:
538538 41 (1) Review an application for an identification card.
539539 42 (2) Review the certification submitted by the physician.
540540 2025 IN 1178—LS 6395/DI 151 13
541541 1 (3) Issue identification cards to patients and caregivers.
542542 2 (4) Note in the electronic data base if a patient or caregiver
543543 3 identification card may not be used to obtain medical
544544 4 marijuana from a dispensary because the patient is
545545 5 cultivating the patient's own marijuana.
546546 6 Sec. 2. A patient or a caregiver may apply, in a form and
547547 7 manner prescribed by the department, for issuance or renewal of
548548 8 an identification card. A caregiver must submit a separate
549549 9 application for issuance or renewal. Each application must include:
550550 10 (1) the name, address, and date of birth of the patient;
551551 11 (2) the name, address, and date of birth of a caregiver, if
552552 12 applicable;
553553 13 (3) a copy of the certification issued by the physician;
554554 14 (4) the name, address, and telephone number of the physician;
555555 15 (5) the signature of the applicant and the date signed; and
556556 16 (6) any other information required by the department.
557557 17 Sec. 3. The fee to apply for or to renew an identification card is
558558 18 fifty dollars ($50). The department may waive or reduce the fee if
559559 19 the applicant demonstrates financial hardship.
560560 20 Sec. 4. The department shall make application and renewal
561561 21 forms available on the department's website.
562562 22 Sec. 5. (a) The identification card of a patient or caregiver
563563 23 expires one (1) year after the date of issuance, unless a physician
564564 24 has specified that a patient should use medical marijuana for less
565565 25 than one (1) year.
566566 26 (b) If a physician has specified that a patient's use of medical
567567 27 marijuana should be limited to certain forms of medical
568568 28 marijuana, the forms of medical marijuana must be listed on the
569569 29 identification card.
570570 30 Sec. 6. (a) The department shall issue separate identification
571571 31 cards for a patient and a caregiver as soon as reasonably
572572 32 practicable after receiving a properly completed application.
573573 33 (b) If the department determines that an application is
574574 34 incomplete or factually inaccurate, the department shall promptly
575575 35 notify the applicant.
576576 36 (c) If a patient application designates an individual as a
577577 37 caregiver who is not authorized to be a caregiver, the department
578578 38 shall deny that portion of the application, but may approve the
579579 39 balance of the application.
580580 40 Sec. 7. (a) A patient or caregiver who has been issued an
581581 41 identification card shall notify the department not later than ten
582582 42 (10) days after any change of name or address.
583583 2025 IN 1178—LS 6395/DI 151 14
584584 1 (b) A patient shall notify the department within ten (10) days if
585585 2 a physician has determined the patient no longer has the serious
586586 3 medical condition noted on the certification.
587587 4 Sec. 8. (a) If the identification card of a patient or caregiver is
588588 5 lost, stolen, destroyed, or made illegible, the patient or caregiver
589589 6 shall apply to the department for a replacement card not later than
590590 7 ten (10) days after discovery of the loss or defacement. The
591591 8 application for a replacement card shall be on a form furnished by
592592 9 the department and accompanied by a twenty-five dollar ($25) fee.
593593 10 The department may establish higher fees for issuance of second
594594 11 and subsequent replacement identification cards.
595595 12 (b) The department may waive or reduce the fee in cases of
596596 13 demonstrated financial hardship.
597597 14 (c) The department shall issue a replacement identification card
598598 15 as soon as practicable.
599599 16 (d) A patient or caregiver may not obtain medical marijuana
600600 17 from a dispensary until the department issues the replacement
601601 18 card.
602602 19 Sec. 9. The identification card must contain the following
603603 20 information:
604604 21 (1) The name of the patient or the caregiver, as applicable.
605605 22 The identification card must also state whether the individual
606606 23 is designated as a patient or as a caregiver.
607607 24 (2) The date of issuance and expiration date.
608608 25 (3) A unique identification number for the patient or
609609 26 caregiver, as applicable.
610610 27 (4) A photograph of the individual to whom the identification
611611 28 card is issued.
612612 29 (5) Any requirement or limitation set by the physician as to
613613 30 the form of medical marijuana.
614614 31 (6) Any other requirements as determined by the department.
615615 32 However, the department may not require that an
616616 33 identification card disclose the patient's serious medical
617617 34 condition.
618618 35 The department shall establish guidelines specifying an acceptable
619619 36 photograph under subdivision (4) and shall provide a reasonable
620620 37 accommodation for a patient who is confined to the patient's home
621621 38 or is in inpatient care.
622622 39 Sec. 10. The department shall monthly transmit fees received
623623 40 under this chapter to the state comptroller for deposit in the state
624624 41 general fund.
625625 42 Chapter 8. Caregivers
626626 2025 IN 1178—LS 6395/DI 151 15
627627 1 Sec. 1. (a) A caregiver must be at least eighteen (18) years of
628628 2 age.
629629 3 (b) A caregiver may be less than twenty-one (21) years of age
630630 4 only if the department determines that it is in the best interests of
631631 5 the patient that a specific person less than twenty-one (21) years of
632632 6 age serves as a caregiver.
633633 7 Sec. 2. (a) A patient may terminate a person's designation as
634634 8 caregiver at any time.
635635 9 (b) The patient shall notify the department that the patient has
636636 10 terminated the person's caregiver designation as soon as
637637 11 reasonably practicable after the termination.
638638 12 (c) Upon learning that a patient has terminated a person's
639639 13 caregiver designation, the department shall cancel the caregiver's
640640 14 identification card and notify the caregiver to return the physical
641641 15 copy of the card.
642642 16 Sec. 3. If a patient designates a caregiver, the caregiver may
643643 17 submit an application for an identification card as a caregiver. The
644644 18 caregiver application must include:
645645 19 (1) the name, address, and date of birth of the caregiver;
646646 20 (2) if the caregiver has an identification card for the caregiver
647647 21 (as a patient) or another patient (as a caregiver), the
648648 22 expiration date of each identification card; and
649649 23 (3) any other information required by the department.
650650 24 The application must be signed and dated by the caregiver
651651 25 applicant and verified under penalties of perjury.
652652 26 Sec. 4. (a) Except as provided in subsection (c), before the
653653 27 caregiver application is approved, the caregiver must authorize the
654654 28 department to perform a national criminal history background
655655 29 check of the caregiver.
656656 30 (b) The caregiver is responsible for the fee for the national
657657 31 criminal history background check.
658658 32 (c) The department may conduct only one (1) national criminal
659659 33 history background check of the caregiver per year.
660660 34 Sec. 5. The caregiver shall pay an application fee of fifty dollars
661661 35 ($50). The department may waive or reduce the fee in cases of
662662 36 demonstrated financial hardship.
663663 37 Sec. 6. (a) After receiving the caregiver application, the fee, and
664664 38 the results of the national criminal history background check, the
665665 39 department shall:
666666 40 (1) verify the information contained in the application; and
667667 41 (2) review INSPECT with respect to the applicant.
668668 42 (b) The department may deny a caregiver application if the
669669 2025 IN 1178—LS 6395/DI 151 16
670670 1 department finds that the caregiver has:
671671 2 (1) been convicted of a criminal offense within the previous
672672 3 five (5) years relating to the sale or possession of a controlled
673673 4 substance; or
674674 5 (2) a history of drug abuse.
675675 6 Sec. 7. The department shall monthly transmit fees received
676676 7 under this chapter to the state comptroller for deposit in the state
677677 8 general fund.
678678 9 Chapter 9. Minor Patients
679679 10 Sec. 1. If a patient is less than eighteen (18) years of age, the
680680 11 following apply:
681681 12 (1) The patient must have a caregiver.
682682 13 (2) The caregiver must be:
683683 14 (A) the patient's parent or legal guardian;
684684 15 (B) an individual designated by a parent or legal guardian;
685685 16 or
686686 17 (C) an appropriate individual approved by the department
687687 18 on a sufficient showing that no parent or legal guardian is
688688 19 appropriate or available.
689689 20 Chapter 10. Suspension
690690 21 Sec. 1. If a patient or caregiver knowingly, intentionally, or
691691 22 recklessly:
692692 23 (1) violates any provision of this article; or
693693 24 (2) transfers or sells medical marijuana to a person not
694694 25 qualified as a patient under this article;
695695 26 the department may suspend or revoke the patient's or caregiver's
696696 27 identification card. The suspension or revocation is in addition to
697697 28 any criminal or other penalty.
698698 29 Chapter 11. General Prohibitions
699699 30 Sec. 1. A person may not operate a motor vehicle, including a
700700 31 motorboat, while under the influence of medical marijuana.
701701 32 Sec. 2. A patient may not perform any employment duties in
702702 33 exposed high places or in confined spaces while under the influence
703703 34 of medical marijuana.
704704 35 Sec. 3. A patient's employer may prohibit a patient from
705705 36 performing any task while under the influence of medical
706706 37 marijuana. The prohibition is not an adverse employment decision
707707 38 or unlawful discrimination even if the prohibition results in
708708 39 financial harm for the patient.
709709 40 Chapter 12. Medical Marijuana Organizations
710710 41 Sec. 1. The following entities may receive a permit to operate as
711711 42 a medical marijuana organization to grow, process, or dispense
712712 2025 IN 1178—LS 6395/DI 151 17
713713 1 medical marijuana:
714714 2 (1) A grower.
715715 3 (2) A processor.
716716 4 (3) A dispensary.
717717 5 Sec. 2. A medical marijuana organization may not receive a
718718 6 permit if a person having an ownership interest in the medical
719719 7 marijuana organization has a felony conviction that has not been
720720 8 expunged.
721721 9 Sec. 3. (a) The department shall develop an application for a:
722722 10 (1) grower permit allowing the grower to grow medical
723723 11 marijuana;
724724 12 (2) dispensary permit allowing a dispensary to dispense
725725 13 medical marijuana;
726726 14 (3) processor permit allowing a processor to process medical
727727 15 marijuana; and
728728 16 (4) testing laboratory permit allowing a testing laboratory to
729729 17 test medical marijuana.
730730 18 (b) The following information must be included on the permit
731731 19 application:
732732 20 (1) The name, address, telephone number, and other contact
733733 21 information for every person having an ownership interest in
734734 22 the medical marijuana organization.
735735 23 (2) Information relating to a similar permit, license, or other
736736 24 authorization granted in another jurisdiction, including any
737737 25 suspensions, revocations, or discipline in that jurisdiction.
738738 26 (3) A release authorizing the department to conduct a
739739 27 background check of the persons having an ownership
740740 28 interest in the medical marijuana organization.
741741 29 (4) A statement as to whether the applicant intends to operate
742742 30 as a grower, a processor, or a dispensary, and a concise
743743 31 description of the business activities in which the medical
744744 32 marijuana organization intends to engage.
745745 33 (5) The address or other location where the medical
746746 34 marijuana organization intends to operate.
747747 35 (6) A statement that no person having an ownership interest
748748 36 in the medical marijuana organization has a felony conviction
749749 37 that has not been expunged.
750750 38 (7) Any other information required by the department.
751751 39 (c) A permit application described in this section shall be
752752 40 verified and completed subject to the penalties of perjury.
753753 41 (d) An applicant shall submit the appropriate application and
754754 42 permit fees at the time the applicant submits the application.
755755 2025 IN 1178—LS 6395/DI 151 18
756756 1 Chapter 13. Medical Marijuana Organization Permits
757757 2 Sec. 1. The department shall grant a medical marijuana
758758 3 organization permit if the department makes the following
759759 4 findings:
760760 5 (1) The applicant will maintain effective control of medical
761761 6 marijuana in the custody of the applicant.
762762 7 (2) The applicant will comply with all state statutes, all rules
763763 8 adopted by the department, and any ordinances adopted by a
764764 9 unit.
765765 10 (3) The applicant has the ability to properly carry out the
766766 11 activity for which the permit is sought.
767767 12 (4) The applicant has sufficient financial means to acquire all
768768 13 property, equipment, and permits required to properly grow,
769769 14 process, or dispense medical marijuana.
770770 15 (5) The applicant is able to implement and maintain
771771 16 appropriate security, tracking, record keeping, and
772772 17 surveillance systems relating to the acquisition, possession,
773773 18 growth, manufacture, sale, delivery, transportation,
774774 19 distribution, or dispensing of medical marijuana.
775775 20 (6) The applicant satisfies any other conditions required
776776 21 under rules adopted by the department.
777777 22 (7) Granting a permit to the applicant serves the public
778778 23 interest.
779779 24 Sec. 2. If the department finds that information included in the
780780 25 application is insufficient for the department to grant a permit to
781781 26 the medical marijuana organization, the department may request
782782 27 that the applicant submit additional documentation relating to one
783783 28 (1) or more items listed in section 1 of this chapter.
784784 29 Sec. 3. (a) Except as provided under subsection (b), a permit
785785 30 granted under this chapter is nontransferable.
786786 31 (b) A permit holder may transfer a permit to a person
787787 32 authorized to hold a permit in accordance with rules adopted by
788788 33 the department if:
789789 34 (1) the permit holder has held the permit for at least
790790 35 twenty-four (24) months; or
791791 36 (2) the transfer is necessary due to the death or disability of
792792 37 the permit holder or a similar severe hardship. For purposes
793793 38 of this subdivision, financial hardship is not a severe hardship.
794794 39 Sec. 4. A permit granted under this chapter is valid for one (1)
795795 40 year after the date of issuance.
796796 41 Sec. 5. (a) A permit may be renewed for one (1) or more
797797 42 additional one (1) year periods.
798798 2025 IN 1178—LS 6395/DI 151 19
799799 1 (b) The department shall establish deadlines for filing a renewal
800800 2 application that provide the department with sufficient time to
801801 3 review the application without causing an interruption in the
802802 4 medical marijuana organization's activities.
803803 5 (c) The same standards that apply for granting an initial
804804 6 application apply to an application for renewal. In determining
805805 7 whether the renewal of a permit serves the public interest, the
806806 8 department shall consider the manner in which the renewal
807807 9 applicant has operated the medical marijuana organization and
808808 10 complied with all relevant laws.
809809 11 Sec. 6. A permit issued by the department to a medical
810810 12 marijuana organization must include the following information:
811811 13 (1) The name and address of the medical marijuana
812812 14 organization.
813813 15 (2) The type of permit.
814814 16 (3) The activities permitted under the permit.
815815 17 (4) A description of the property and facilities authorized to
816816 18 be used by the medical marijuana organization.
817817 19 (5) Any other information required by the department.
818818 20 Sec. 7. The department may suspend or revoke all or part of a
819819 21 permit granted under this chapter if, following a hearing, the
820820 22 department finds the following:
821821 23 (1) That one (1) or more of the determinations made under
822822 24 section 1 of this chapter are no longer valid.
823823 25 (2) That the medical marijuana organization knowingly or
824824 26 intentionally sold or distributed medical marijuana to a
825825 27 person not qualified as a patient under this article.
826826 28 (3) That the medical marijuana organization has failed to
827827 29 maintain effective control against diversion of medical
828828 30 marijuana.
829829 31 (4) That the medical marijuana organization has violated a
830830 32 provision of this article or a rule adopted by the department.
831831 33 (5) That the medical marijuana organization has failed to
832832 34 comply with another law regulating controlled substances.
833833 35 Sec. 8. (a) An applicant for a medical marijuana organization
834834 36 permit has a continuing duty to notify the department of any
835835 37 material change in facts or circumstances relating to the
836836 38 applicant's application, including a change in ownership.
837837 39 (b) An applicant's duty to notify the department begins on the
838838 40 date the applicant submits the application and continues for as long
839839 41 as the applicant holds a permit.
840840 42 Sec. 9. The department may, upon request of a permit holder,
841841 2025 IN 1178—LS 6395/DI 151 20
842842 1 amend an existing permit to authorize a permit holder to:
843843 2 (1) move the permit holder's operations from one (1) location
844844 3 to another; or
845845 4 (2) perform additional activities, or cease the performance of
846846 5 certain activities now performed, at the permit holder's
847847 6 facility;
848848 7 if the department finds that the amendment is reasonable under
849849 8 the circumstances.
850850 9 Chapter 14. General Duties of a Permit Holder
851851 10 Sec. 1. The holder of a medical marijuana organization permit
852852 11 must do the following:
853853 12 (1) Report the loss, theft, or unexplained disappearance of
854854 13 medical marijuana to a law enforcement agency not later than
855855 14 twenty-four (24) hours after the loss, theft, or disappearance
856856 15 is discovered.
857857 16 (2) Permit announced or unannounced inspections by the
858858 17 department of all medical marijuana organization facilities
859859 18 and records.
860860 19 Chapter 15. Application and Permit Fees
861861 20 Sec. 1. The following fees apply to a grower:
862862 21 (1) A nonrefundable grower permit application fee of ten
863863 22 thousand dollars ($10,000).
864864 23 (2) A refundable grower permit fee of fifty thousand dollars
865865 24 ($50,000).
866866 25 (3) A refundable grower permit renewal fee of ten thousand
867867 26 dollars ($10,000).
868868 27 (4) A nonrefundable permit amendment fee of two hundred
869869 28 fifty dollars ($250).
870870 29 Sec. 2. The following fees apply to a processor:
871871 30 (1) A nonrefundable processor permit application fee of ten
872872 31 thousand dollars ($10,000).
873873 32 (2) A refundable processor permit fee of fifty thousand dollars
874874 33 ($50,000).
875875 34 (3) A refundable processor permit renewal fee of ten thousand
876876 35 dollars ($10,000).
877877 36 (4) A nonrefundable permit amendment fee of two hundred
878878 37 fifty dollars ($250).
879879 38 Sec. 3. The following fees apply to a dispensary:
880880 39 (1) A nonrefundable dispensary permit application fee of five
881881 40 thousand dollars ($5,000).
882882 41 (2) A refundable dispensary permit fee of twenty thousand
883883 42 dollars ($20,000) for each dispensary location.
884884 2025 IN 1178—LS 6395/DI 151 21
885885 1 (3) A refundable dispensary permit renewal fee of five
886886 2 thousand dollars ($5,000) for each dispensary location.
887887 3 (4) A nonrefundable permit amendment fee of two hundred
888888 4 fifty dollars ($250).
889889 5 Sec. 4. The following fees apply to a testing laboratory:
890890 6 (1) A nonrefundable testing laboratory permit application fee
891891 7 of two thousand dollars ($2,000).
892892 8 (2) A refundable testing laboratory permit fee of ten thousand
893893 9 dollars ($10,000) for each testing laboratory location.
894894 10 (3) A refundable testing laboratory permit renewal fee of two
895895 11 thousand dollars ($2,000) for each testing laboratory location.
896896 12 (4) A nonrefundable permit amendment fee of two hundred
897897 13 fifty dollars ($250).
898898 14 Sec. 5. An applicant must submit the application fee and permit
899899 15 fee at the time the applicant submits the application.
900900 16 Sec. 6. (a) The department shall retain the application fee even
901901 17 if the application is not approved.
902902 18 (b) The department shall refund the permit fee and renewal fee
903903 19 if the permit or renewal is not approved. However, the permit fee
904904 20 and renewal fee are not refundable if the permit is initially granted
905905 21 but later suspended or revoked.
906906 22 (c) The department shall retain the permit amendment fee even
907907 23 if the application for amendment is not approved.
908908 24 Sec. 7. The department shall transfer all fees to the state
909909 25 comptroller for deposit in the state general fund.
910910 26 Chapter 16. Tracking and Record Keeping
911911 27 Sec. 1. (a) A medical marijuana organization must implement an
912912 28 electronic inventory tracking system, which must be directly
913913 29 accessible to the department through an electronic data base that
914914 30 is updated at least one (1) time each day.
915915 31 (b) The electronic inventory tracking system must include the
916916 32 following:
917917 33 (1) For a grower, a seed to sale tracking system that tracks the
918918 34 medical marijuana from seed to plant until the medical
919919 35 marijuana is sold or transferred to its final destination.
920920 36 (2) For a processor, a system that tracks medical marijuana
921921 37 from its purchase from a grower to its transfer to a
922922 38 dispensary, testing laboratory, or research facility as
923923 39 authorized by this article.
924924 40 (3) For a dispensary, a system that tracks medical marijuana
925925 41 from its purchase from a grower or processor to its sale to a
926926 42 patient or caregiver or transfer to a testing laboratory,
927927 2025 IN 1178—LS 6395/DI 151 22
928928 1 research facility, grower, or processor as authorized by this
929929 2 article.
930930 3 (4) For a dispensary, a system to verify that an identification
931931 4 card presented by a patient or caregiver:
932932 5 (A) is valid; and
933933 6 (B) authorizes the patient or caregiver to receive medical
934934 7 marijuana from a dispensary.
935935 8 (5) For a medical marijuana organization, a:
936936 9 (A) daily log of each day's beginning inventory,
937937 10 acquisitions, amounts purchased and sold, disbursements,
938938 11 disposals, and ending inventory, including prices paid and
939939 12 amounts collected from patients and caregivers;
940940 13 (B) system to recall defective medical marijuana; and
941941 14 (C) system to track the waste resulting from the growth of
942942 15 medical marijuana, including the name and address of a
943943 16 disposal service.
944944 17 Sec. 2. A medical marijuana organization must implement a
945945 18 plan for:
946946 19 (1) security and surveillance; and
947947 20 (2) record keeping and record retention.
948948 21 Sec. 3. The department:
949949 22 (1) shall require a medical marijuana organization to make an
950950 23 annual report to the department; and
951951 24 (2) may require a medical marijuana organization to make a
952952 25 quarterly report to the department.
953953 26 The department shall determine the form and contents of the
954954 27 report and may make all or part of the report available to the
955955 28 public.
956956 29 Chapter 17. Grower Operations
957957 30 Sec. 1. A person holding a grower permit may do all the
958958 31 following in accordance with rules adopted by the department:
959959 32 (1) Obtain seed and plant material from another grower.
960960 33 (2) Sell and transport seed and plant material to another
961961 34 grower or processor.
962962 35 (3) Sell and transport medical marijuana to a processor,
963963 36 dispensary, testing laboratory, or research facility authorized
964964 37 by the department.
965965 38 Sec. 2. The department shall determine the manner in which
966966 39 medical marijuana may be grown, harvested, and stored at the
967967 40 cultivation or harvesting facility.
968968 41 Sec. 3. The department shall determine the manner in which
969969 42 transportation of medical marijuana shall be conducted between
970970 2025 IN 1178—LS 6395/DI 151 23
971971 1 or among growers, processors, testing laboratories, research
972972 2 facilities, and dispensaries. Rules adopted by the department must
973973 3 include the following:
974974 4 (1) Requirements relating to shipping containers and
975975 5 packaging.
976976 6 (2) The manner in which trucks, vans, trailers, or other
977977 7 carriers will be secured.
978978 8 (3) Obtaining copies of driver's licenses and registrations and
979979 9 other information related to security and tracking.
980980 10 (4) The use of a GPS tracking system.
981981 11 (5) Record keeping requirements for delivery and receipt of
982982 12 medical marijuana products.
983983 13 Sec. 4. A grower shall contract with an independent testing
984984 14 laboratory to test the medical marijuana produced by the grower.
985985 15 The department shall approve the testing laboratory and require
986986 16 that the testing laboratory report testing results in the manner
987987 17 determined by the department. If a grower learns that the grower's
988988 18 sample has failed required testing, the grower must take steps to
989989 19 remediate the harvest to allowable levels under IC 16-53-20-3, or
990990 20 immediately dispose of the harvest.
991991 21 Chapter 18. Processor Operations
992992 22 Sec. 1. A person holding a processor permit may do all the
993993 23 following in accordance with rules adopted by the department:
994994 24 (1) Obtain plant material from a grower.
995995 25 (2) Sell and transport processed medical marijuana to another
996996 26 grower or processor.
997997 27 (3) Sell and transport medical marijuana to a processor,
998998 28 dispensary, testing laboratory, or research facility authorized
999999 29 by the department.
10001000 30 Sec. 2. The department shall determine the manner in which
10011001 31 medical marijuana may be processed or stored at the processor
10021002 32 facility.
10031003 33 Sec. 3. The department shall determine the manner in which
10041004 34 transportation of medical marijuana shall be conducted between
10051005 35 or among medical marijuana organizations and research facilities.
10061006 36 Rules adopted by the department must include the following:
10071007 37 (1) Requirements relating to shipping containers and
10081008 38 packaging.
10091009 39 (2) The manner in which trucks, vans, trailers, or other
10101010 40 carriers will be secured.
10111011 41 (3) Obtaining copies of driver's licenses and registrations and
10121012 42 other information related to security and tracking.
10131013 2025 IN 1178—LS 6395/DI 151 24
10141014 1 (4) The use of a GPS tracking system.
10151015 2 (5) Record keeping requirements for delivery and receipt of
10161016 3 medical marijuana products.
10171017 4 Sec. 4. A processor shall develop a plan to ensure that medical
10181018 5 marijuana products are properly labeled, are not packaged in a
10191019 6 manner that is appealing to children, and are placed in child
10201020 7 resistant packaging.
10211021 8 Sec. 5. A processor shall include on its labeling of medical
10221022 9 marijuana products the following:
10231023 10 (1) The number of doses contained within the package, the
10241024 11 species, and the percentage of tetrahydrocannabinol and
10251025 12 cannabinol.
10261026 13 (2) A warning that the medical marijuana must be kept in the
10271027 14 original container in which it was dispensed.
10281028 15 (3) A warning that unauthorized use is unlawful and will
10291029 16 subject the person to criminal penalties.
10301030 17 (4) A list of ingredients.
10311031 18 (5) Any other information required by the department.
10321032 19 Sec. 6. A processor shall contract with an independent testing
10331033 20 laboratory to test the medical marijuana product produced by the
10341034 21 processor. The testing laboratory must be approved by the
10351035 22 department, and the department shall require that the testing
10361036 23 laboratory report testing results in the manner determined by the
10371037 24 department. If a processor learns that a sample submitted by the
10381038 25 processor has failed required testing, the processor must take steps
10391039 26 to remediate the product to allowable levels under IC 16-53-20-3,
10401040 27 or immediately dispose of the batch.
10411041 28 Chapter 19. Dispensary Operations
10421042 29 Sec. 1. A dispensary holding a valid permit under this article
10431043 30 may dispense medical marijuana to a patient or caregiver upon
10441044 31 presentation of a valid identification card for that patient or
10451045 32 caregiver and electronic verification that the identification card is
10461046 33 valid and authorizes the patient or caregiver to receive medical
10471047 34 marijuana from a dispensary.
10481048 35 Sec. 2. The dispensary shall provide to the patient or caregiver
10491049 36 a receipt, including all of the following:
10501050 37 (1) The name and address of the dispensary.
10511051 38 (2) The name and address of the patient and caregiver (if
10521052 39 applicable).
10531053 40 (3) The date the medical marijuana was dispensed.
10541054 41 (4) Any requirement or limitation by the physician as to the
10551055 42 form of medical marijuana for the patient.
10561056 2025 IN 1178—LS 6395/DI 151 25
10571057 1 (5) The form and the quantity of medical marijuana
10581058 2 dispensed.
10591059 3 Sec. 3. (a) For purposes of this section:
10601060 4 (1) eight (8) grams of concentrated marijuana; or
10611061 5 (2) eighty (80) ten (10) milligram doses of
10621062 6 tetrahydrocannabinol;
10631063 7 is equivalent to one (1) ounce of medical marijuana.
10641064 8 (b) A dispensary may not dispense:
10651065 9 (1) more than one (1) ounce of medical marijuana to a patient
10661066 10 (or caregiver on behalf of a specific patient) per day;
10671067 11 (2) a form of medical marijuana that the patient is not
10681068 12 permitted to possess; or
10691069 13 (3) medical marijuana to a patient who is cultivating mature
10701070 14 marijuana plants for the patient's own use.
10711071 15 Sec. 4. The medical marijuana packaging must include the
10721072 16 following information:
10731073 17 (1) The number of doses contained within the package, the
10741074 18 species, and the percentage of tetrahydrocannabinol and
10751075 19 cannabinol.
10761076 20 (2) A warning that the medical marijuana must be kept in the
10771077 21 original container in which it was dispensed.
10781078 22 (3) A warning that unauthorized use is unlawful and will
10791079 23 subject the person to criminal penalties.
10801080 24 (4) Any other information required by the department.
10811081 25 Sec. 5. A dispensary:
10821082 26 (1) may dispense medical marijuana only in an indoor,
10831083 27 enclosed, secure facility located in Indiana;
10841084 28 (2) may sell medical devices and instruments that are needed
10851085 29 to administer medical marijuana; and
10861086 30 (3) may sell services approved by the department related to
10871087 31 the use of medical marijuana.
10881088 32 Sec. 6. A dispensary shall post a copy of its permit in a location
10891089 33 within its facility in a manner that is easily observable by the
10901090 34 public.
10911091 35 Sec. 7. A dispensary shall establish a plan to:
10921092 36 (1) prevent diversion of medical marijuana and medical
10931093 37 marijuana products; and
10941094 38 (2) ensure a patient is not dispensed more than one (1) ounce
10951095 39 of medical marijuana per day.
10961096 40 Chapter 20. Testing Laboratory Operations
10971097 41 Sec. 1. A testing laboratory may test medical marijuana from a
10981098 42 medical marijuana organization in accordance with rules adopted
10991099 2025 IN 1178—LS 6395/DI 151 26
11001100 1 by the department if:
11011101 2 (1) the testing laboratory holds a valid permit issued under
11021102 3 this article; or
11031103 4 (2) the testing laboratory is already accredited as a testing
11041104 5 laboratory to International Organization for Standardization
11051105 6 (ISO) 17025 by a third party accrediting body such as the
11061106 7 American Association for Laboratory Accreditation (A2LA)
11071107 8 or Assured Calibration and Laboratory Accreditation Select
11081108 9 Services (ACLASS).
11091109 10 Sec. 2. A testing laboratory shall maintain policies and
11101110 11 procedures for the secure and proper analytical testing of medical
11111111 12 marijuana, which must include:
11121112 13 (1) laboratory analysis techniques, including specific
11131113 14 instrumentation and protocols necessary to perform the tests
11141114 15 required by the department;
11151115 16 (2) the implementation of standards and methods for
11161116 17 conducting analysis of forms of medical marijuana in
11171117 18 accordance with the requirements of ISO/IEC 17025
11181118 19 "General Requirements for the Competence of Testing and
11191119 20 Calibration Laboratories"; and
11201120 21 (3) methods of testing to detect:
11211121 22 (A) potency levels of tetrahydrocannabinol and
11221122 23 cannabidiol;
11231123 24 (B) microbials;
11241124 25 (C) mycotoxins;
11251125 26 (D) pesticides;
11261126 27 (E) residual solvents; and
11271127 28 (F) any other matter as required by the department.
11281128 29 Sec. 3. The department shall establish the allowable level of
11291129 30 microbials, mycotoxins, pesticides, residual solvents, and other
11301130 31 matter determined by the department. If a sample received from
11311131 32 a grower or processor exceeds allowable levels, the testing
11321132 33 laboratory must immediately notify the grower or processor from
11331133 34 which the testing laboratory received the sample.
11341134 35 Sec. 4. A person holding an ownership interest in a dispensary,
11351135 36 grower, or processor permit may not have an ownership interest
11361136 37 in a testing laboratory permit.
11371137 38 Chapter 21. Transportation
11381138 39 Sec. 1. A transporter may transport medical marijuana or
11391139 40 paraphernalia from a:
11401140 41 (1) grower or processor to a dispensary;
11411141 42 (2) grower or processor to a testing laboratory or research
11421142 2025 IN 1178—LS 6395/DI 151 27
11431143 1 facility authorized by the department;
11441144 2 (3) dispensary to a grower or processor;
11451145 3 (4) dispensary to a testing laboratory or research facility
11461146 4 authorized by the department;
11471147 5 (5) medical marijuana organization to another medical
11481148 6 marijuana organization; or
11491149 7 (6) medical marijuana organization to another person if
11501150 8 authorized to do so by the department;
11511151 9 if the transporter complies with this chapter.
11521152 10 Sec. 2. A transporter under this chapter may not have a felony
11531153 11 conviction that has not been expunged.
11541154 12 Sec. 3. Medical marijuana or paraphernalia transported under
11551155 13 this chapter must be:
11561156 14 (1) packed in a tamper resistant and tamper evident package;
11571157 15 (2) clearly marked as to quantity and contents; and
11581158 16 (3) securely stored in the vehicle used for transport.
11591159 17 Sec. 4. The transporter shall proceed as directly and
11601160 18 expeditiously as practicable from the shipping location to the
11611161 19 receiving location.
11621162 20 Sec. 5. The person who ships the medical marijuana or
11631163 21 paraphernalia shall provide the transporter with a shipping
11641164 22 manifest clearly stating the:
11651165 23 (1) exact quantity of medical marijuana or paraphernalia that
11661166 24 is being transported;
11671167 25 (2) address of the shipping location;
11681168 26 (3) address of the receiving location;
11691169 27 (4) identification of the person transporting the material; and
11701170 28 (5) time the person transporting the material left the shipping
11711171 29 location.
11721172 30 Sec. 6. The transporter shall keep the shipping manifest in the
11731173 31 transporter's possession at all times.
11741174 32 Sec. 7. The department may adopt rules under IC 4-22-2 to
11751175 33 regulate the transport of medical marijuana or paraphernalia.
11761176 34 Chapter 22. Civil Penalties
11771177 35 Sec. 1. The department may assess a penalty of not more than
11781178 36 ten thousand dollars ($10,000) for each violation of this article or
11791179 37 a rule adopted under this article. In addition, the department may
11801180 38 impose an additional penalty of not more than one thousand
11811181 39 dollars ($1,000) for each day of a continuing violation.
11821182 40 Sec. 2. (a) In determining the amount of a civil penalty imposed
11831183 41 under this chapter, the department shall consider the following:
11841184 42 (1) The seriousness of the violation.
11851185 2025 IN 1178—LS 6395/DI 151 28
11861186 1 (2) The potential harm resulting from the violation to
11871187 2 patients, caregivers, or the general public.
11881188 3 (3) The willfulness of the violation.
11891189 4 (4) Any previous violations.
11901190 5 (5) The economic benefit that accrued to the person who
11911191 6 committed the violation.
11921192 7 (b) If the department finds that the:
11931193 8 (1) violation did not threaten the safety or health of a patient,
11941194 9 caregiver, or the general public; and
11951195 10 (2) violator took immediate action to remedy the violation
11961196 11 upon learning of it;
11971197 12 the department may issue a written warning instead of assessing a
11981198 13 civil penalty.
11991199 14 Sec. 3. In addition to the civil penalty described in this chapter,
12001200 15 and any other penalty authorized by law, the department may
12011201 16 revoke or suspend a person's permit or identification card.
12021202 17 Chapter 23. Research
12031203 18 Sec. 1. (a) The department may provide assistance to
12041204 19 universities, research facilities, pharmaceutical companies, state
12051205 20 agencies, and similar entities that wish to conduct research
12061206 21 concerning medical marijuana.
12071207 22 (b) The department may conduct research concerning medical
12081208 23 marijuana.
12091209 24 Sec. 2. The department may authorize persons conducting
12101210 25 research on medical marijuana to obtain, possess, transport, and
12111211 26 use medical marijuana for research purposes, under terms and
12121212 27 conditions established by the department. The department shall
12131213 28 issue appropriate documentation to allow persons to obtain
12141214 29 medical marijuana for research purposes.
12151215 30 Chapter 24. Discrimination Prohibited
12161216 31 Sec. 1. (a) It is unlawful discrimination for any person to:
12171217 32 (1) suspend;
12181218 33 (2) expel;
12191219 34 (3) refuse to employ;
12201220 35 (4) refuse to admit;
12211221 36 (5) refuse to grant or renew a license, permit, or certificate
12221222 37 necessary to engage in any activity, occupation, or profession;
12231223 38 or
12241224 39 (6) otherwise discriminate against;
12251225 40 any person due to the person's lawful certification, use, possession,
12261226 41 delivery, distribution, transport, cultivation, or manufacture of
12271227 42 marijuana or paraphernalia as authorized by this article.
12281228 2025 IN 1178—LS 6395/DI 151 29
12291229 1 (b) A person who violates this section commits a Class C
12301230 2 infraction. However, the offense is a Class B infraction if the
12311231 3 person has a prior unrelated adjudication under this section.
12321232 4 (c) In addition to any other penalty prescribed by this section,
12331233 5 a person who is the victim of unlawful discrimination may obtain
12341234 6 injunctive relief.
12351235 7 Sec. 2. A person's lawful certification, use, possession, delivery,
12361236 8 distribution, transport, cultivation, or manufacture of marijuana
12371237 9 or paraphernalia under this article is not admissible as evidence in
12381238 10 an action for negligent hiring, admission, or licensure against a
12391239 11 person or entity hired, admitted, or licensed by the person or entity
12401240 12 that lawfully used marijuana.
12411241 13 Sec. 3. A law enforcement officer who knowingly or
12421242 14 intentionally performs a search or seizure of a patient or caregiver
12431243 15 holding a valid identification card:
12441244 16 (1) more than two (2) times in any sixty (60) day period; and
12451245 17 (2) without:
12461246 18 (A) reasonable suspicion;
12471247 19 (B) probable cause; or
12481248 20 (C) a warrant;
12491249 21 commits harassment of a medical marijuana user, a Class A
12501250 22 misdemeanor. However, the offense is a Level 6 felony if the person
12511251 23 has a prior unrelated conviction under this section.
12521252 24 Sec. 4. (a) This section applies only to a law enforcement officer
12531253 25 employed by the state, a political subdivision of the state, or a unit.
12541254 26 This section does not apply to a federal law enforcement officer.
12551255 27 (b) A law enforcement officer or employee of the state, a
12561256 28 political subdivision of the state, or a unit may not aid or assist a
12571257 29 federal law enforcement officer in the enforcement of a federal
12581258 30 law:
12591259 31 (1) criminalizing; or
12601260 32 (2) authorizing civil forfeiture with respect to;
12611261 33 any activity permitted under this article.
12621262 34 (c) A person who knowingly or intentionally violates this section
12631263 35 commits a Level 6 felony.
12641264 36 Chapter 25. Reports
12651265 37 Sec. 1. The department shall, not later than December 31 of
12661266 38 each year, submit a report concerning the medical marijuana
12671267 39 program to the legislative council, the governor, and the chief
12681268 40 justice of the supreme court. The report to the legislative council
12691269 41 must be in an electronic format under IC 5-14-6. The report must
12701270 42 include the number of appeals and grievances filed and adjudicated
12711271 2025 IN 1178—LS 6395/DI 151 30
12721272 1 under IC 16-53-26.
12731273 2 Chapter 26. Medical Marijuana Oversight Committee
12741274 3 Sec. 1. As used in this chapter, "committee" refers to the
12751275 4 medical marijuana oversight committee established by section 2 of
12761276 5 this chapter.
12771277 6 Sec. 2. The medical marijuana oversight committee is
12781278 7 established to serve the general assembly as a continuing
12791279 8 committee. Except as otherwise provided by this chapter, the
12801280 9 committee shall operate under the rules of the legislative council.
12811281 10 Sec. 3. (a) The committee consists of the following seven (7)
12821282 11 members:
12831283 12 (1) Two (2) members of the senate, appointed as follows:
12841284 13 (A) One (1) member appointed by the president pro
12851285 14 tempore of the senate.
12861286 15 (B) One (1) member appointed by the senate minority
12871287 16 leader.
12881288 17 (2) Two (2) members of the house of representatives,
12891289 18 appointed as follows:
12901290 19 (A) One (1) member appointed by the speaker of the house
12911291 20 of representatives.
12921292 21 (B) One (1) member appointed by the house minority
12931293 22 leader.
12941294 23 (3) One (1) member appointed by the governor.
12951295 24 (4) One (1) individual representing the Indiana Pharmacists
12961296 25 Association, appointed by the speaker of the house of
12971297 26 representatives.
12981298 27 (5) One (1) individual representing the Indiana State Medical
12991299 28 Association, appointed by the president pro tempore of the
13001300 29 senate.
13011301 30 (b) The term of a member of the committee ends on June 30 of
13021302 31 the next odd-numbered year following the member's appointment.
13031303 32 However, the member may be reappointed to subsequent terms.
13041304 33 (c) The committee shall elect one (1) of its members to be
13051305 34 chairperson and one (1) of its members to be secretary of the
13061306 35 board. The chairperson and secretary serve in those offices until
13071307 36 the expiration of their terms as members, unless the committee
13081308 37 elects a new chairperson or secretary before the terms expire.
13091309 38 (d) A member of the committee may be removed at any time by
13101310 39 the appointing authority who appointed the member.
13111311 40 (e) If a vacancy exists on the committee, the appointing
13121312 41 authority who appointed the former member whose position has
13131313 42 become vacant shall appoint an individual to fill the vacancy. An
13141314 2025 IN 1178—LS 6395/DI 151 31
13151315 1 individual appointed to fill a vacancy serves for the remainder of
13161316 2 the term of the former member.
13171317 3 (f) If a member of the committee ceases to be a member of the
13181318 4 chamber from which the member was appointed, the member
13191319 5 ceases to be a member of the committee.
13201320 6 Sec. 4. Each member of the committee is entitled to receive the
13211321 7 same per diem, mileage, and travel allowances paid to individuals
13221322 8 who serve as legislative and lay members, respectively, of interim
13231323 9 study committees established by the legislative council.
13241324 10 Sec. 5. (a) The committee shall meet at the call of the
13251325 11 chairperson.
13261326 12 (b) Four (4) members of the committee constitute a quorum.
13271327 13 (c) The affirmative votes of a majority of the members
13281328 14 appointed to the committee are required for the committee to take
13291329 15 action on any measure.
13301330 16 Sec. 6. The committee may adopt rules to establish procedures
13311331 17 to:
13321332 18 (1) implement and administer an appeals process; or
13331333 19 (2) resolve grievances;
13341334 20 arising under this article.
13351335 21 Sec. 7. All meetings of the committee are open to the public in
13361336 22 accordance with and subject to IC 5-14-1.5. All records of the
13371337 23 committee are subject to the requirements of IC 5-14-3.
13381338 24 Sec. 8. The legislative services agency shall staff the committee.
13391339 25 Sec. 9. All funds necessary to carry out this chapter shall be paid
13401340 26 from appropriations to the legislative council and the legislative
13411341 27 services agency.
13421342 28 SECTION 22. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
13431343 29 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13441344 30 JULY 1, 2025]: Sec. 6. (a) Except as provided in subsections (b) and
13451345 31 (c), a person who operates a motorboat while:
13461346 32 (1) having an alcohol concentration equivalent (as defined in
13471347 33 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
13481348 34 per:
13491349 35 (A) one hundred (100) milliliters of the person's blood; or
13501350 36 (B) two hundred ten (210) liters of the person's breath;
13511351 37 (2) having a controlled substance listed in schedule I or II of
13521352 38 IC 35-48-2 or its metabolite in the person's body; blood; or
13531353 39 (3) intoxicated;
13541354 40 commits a Class C misdemeanor.
13551355 41 (b) The offense is a Level 6 felony if:
13561356 42 (1) the person has a previous conviction under:
13571357 2025 IN 1178—LS 6395/DI 151 32
13581358 1 (A) IC 14-1-5 (repealed);
13591359 2 (B) IC 14-15-8-8 (repealed); or
13601360 3 (C) this chapter; or
13611361 4 (2) the offense results in serious bodily injury to another person.
13621362 5 (c) The offense is a Level 5 felony if the offense results in the death
13631363 6 or catastrophic injury of another person.
13641364 7 (d) It is a defense to a prosecution under subsection (a)(2) that:
13651365 8 (1) the accused person consumed the controlled substance in
13661366 9 accordance with a valid prescription or order of a practitioner (as
13671367 10 defined in IC 35-48-1-24) who acted in the course of the
13681368 11 practitioner's professional practice; or
13691369 12 (2) the:
13701370 13 (A) controlled substance is marijuana or a metabolite of
13711371 14 marijuana;
13721372 15 (B) accused person is a person authorized to use medical
13731373 16 marijuana under IC 16-53; and
13741374 17 (C) accused person used the medical marijuana in
13751375 18 substantial compliance with the requirements of IC 16-53.
13761376 19 SECTION 23. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
13771377 20 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13781378 21 JULY 1, 2025]: Sec. 8.3. (a) This section does not apply to:
13791379 22 (1) a rolling paper; or
13801380 23 (2) a patient, caregiver, medical marijuana organization,
13811381 24 research facility, or transporter described in IC 16-53 if the
13821382 25 person is in substantial compliance with the requirements of
13831383 26 IC 16-53.
13841384 27 (b) A person who knowingly or intentionally possesses an
13851385 28 instrument, a device, or another object that the person intends to use
13861386 29 for:
13871387 30 (1) introducing into the person's body a controlled substance;
13881388 31 (2) testing the strength, effectiveness, or purity of a controlled
13891389 32 substance; or
13901390 33 (3) enhancing the effect of a controlled substance;
13911391 34 commits a Class C misdemeanor. However, the offense is a Class A
13921392 35 misdemeanor if the person has a prior unrelated judgment or conviction
13931393 36 under this section.
13941394 37 SECTION 24. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
13951395 38 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13961396 39 JULY 1, 2025]: Sec. 8.5. (a) A person who keeps for sale, offers for
13971397 40 sale, delivers, or finances the delivery of a raw material, an instrument,
13981398 41 a device, or other object that is intended to be or that is designed or
13991399 42 marketed to be used primarily for:
14001400 2025 IN 1178—LS 6395/DI 151 33
14011401 1 (1) ingesting, inhaling, or otherwise introducing into the human
14021402 2 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
14031403 3 controlled substance;
14041404 4 (2) testing the strength, effectiveness, or purity of marijuana, hash
14051405 5 oil, hashish, salvia, a synthetic drug, or a controlled substance;
14061406 6 (3) enhancing the effect of a controlled substance;
14071407 7 (4) manufacturing, compounding, converting, producing,
14081408 8 processing, or preparing marijuana, hash oil, hashish, salvia, a
14091409 9 synthetic drug, or a controlled substance;
14101410 10 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
14111411 11 synthetic drug, or a controlled substance by individuals; or
14121412 12 (6) any purpose announced or described by the seller that is in
14131413 13 violation of this chapter;
14141414 14 commits a Class A infraction for dealing in paraphernalia.
14151415 15 (b) A person who knowingly or intentionally violates subsection (a)
14161416 16 commits a Class A misdemeanor. However, the offense is a Level 6
14171417 17 felony if the person has a prior unrelated judgment or conviction under
14181418 18 this section.
14191419 19 (c) This section does not apply to the following:
14201420 20 (1) Items marketed for use in the preparation, compounding,
14211421 21 packaging, labeling, or other use of marijuana, hash oil, hashish,
14221422 22 salvia, a synthetic drug, or a controlled substance as an incident
14231423 23 to lawful research, teaching, or chemical analysis and not for sale.
14241424 24 (2) Items marketed for or historically and customarily used in
14251425 25 connection with the planting, propagating, cultivating, growing,
14261426 26 harvesting, manufacturing, compounding, converting, producing,
14271427 27 processing, preparing, testing, analyzing, packaging, repackaging,
14281428 28 storing, containing, concealing, injecting, ingesting, or inhaling
14291429 29 of tobacco or any other lawful substance.
14301430 30 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
14311431 31 a syringe or needle as part of a program under IC 16-41-7.5.
14321432 32 (4) Any entity or person that provides funding to a qualified entity
14331433 33 (as defined in IC 16-41-7.5-3) to operate a program described in
14341434 34 IC 16-41-7.5.
14351435 35 (5) A patient, caregiver, medical marijuana organization,
14361436 36 research facility, or transporter described in IC 16-53 if the
14371437 37 person is in substantial compliance with the requirements of
14381438 38 IC 16-53.
14391439 39 SECTION 25. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
14401440 40 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14411441 41 JULY 1, 2025]: Sec. 10. (a) A person who:
14421442 42 (1) knowingly or intentionally:
14431443 2025 IN 1178—LS 6395/DI 151 34
14441444 1 (A) manufactures;
14451445 2 (B) finances the manufacture of;
14461446 3 (C) delivers; or
14471447 4 (D) finances the delivery of;
14481448 5 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
14491449 6 (2) possesses, with intent to:
14501450 7 (A) manufacture;
14511451 8 (B) finance the manufacture of;
14521452 9 (C) deliver; or
14531453 10 (D) finance the delivery of;
14541454 11 marijuana, hash oil, hashish, or salvia, pure or adulterated;
14551455 12 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
14561456 13 misdemeanor, except as provided in subsections (b) through (d).
14571457 14 (b) A person may be convicted of an offense under subsection (a)(2)
14581458 15 only if:
14591459 16 (1) there is evidence in addition to the weight of the drug that the
14601460 17 person intended to manufacture, finance the manufacture of,
14611461 18 deliver, or finance the delivery of the drug; or
14621462 19 (2) the amount of the drug involved is at least:
14631463 20 (A) ten (10) pounds, if the drug is marijuana; or
14641464 21 (B) three hundred (300) grams, if the drug is hash oil, hashish,
14651465 22 or salvia.
14661466 23 (c) The offense is a Level 6 felony if:
14671467 24 (1) the person has a prior conviction for a drug offense and the
14681468 25 amount of the drug involved is:
14691469 26 (A) less than thirty (30) grams of marijuana; or
14701470 27 (B) less than five (5) grams of hash oil, hashish, or salvia; or
14711471 28 (2) the amount of the drug involved is:
14721472 29 (A) at least thirty (30) grams but less than ten (10) pounds of
14731473 30 marijuana; or
14741474 31 (B) at least five (5) grams but less than three hundred (300)
14751475 32 grams of hash oil, hashish, or salvia.
14761476 33 (d) The offense is a Level 5 felony if:
14771477 34 (1) the person has a prior conviction for a drug dealing offense
14781478 35 and the amount of the drug involved is:
14791479 36 (A) at least thirty (30) grams but less than ten (10) pounds of
14801480 37 marijuana; or
14811481 38 (B) at least five (5) grams but less than three hundred (300)
14821482 39 grams of hash oil, hashish, or salvia;
14831483 40 (2) the:
14841484 41 (A) amount of the drug involved is:
14851485 42 (i) at least ten (10) pounds of marijuana; or
14861486 2025 IN 1178—LS 6395/DI 151 35
14871487 1 (ii) at least three hundred (300) grams of hash oil, hashish,
14881488 2 or salvia; or
14891489 3 (B) offense involved a sale to a minor; or
14901490 4 (3) the:
14911491 5 (A) person is a retailer;
14921492 6 (B) marijuana, hash oil, hashish, or salvia is packaged in a
14931493 7 manner that appears to be low THC hemp extract; and
14941494 8 (C) person knew or reasonably should have known that the
14951495 9 product was marijuana, hash oil, hashish, or salvia.
14961496 10 (e) This section does not apply to a patient, caregiver, medical
14971497 11 marijuana organization, research facility, or transporter described
14981498 12 in IC 16-53 if the person is in substantial compliance with the
14991499 13 requirements of IC 16-53.
15001500 14 SECTION 26. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
15011501 15 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15021502 16 JULY 1, 2025]: Sec. 11. (a) A person who:
15031503 17 (1) knowingly or intentionally possesses (pure or adulterated)
15041504 18 marijuana, hash oil, hashish, or salvia;
15051505 19 (2) knowingly or intentionally grows or cultivates marijuana; or
15061506 20 (3) knowing that marijuana is growing on the person's premises,
15071507 21 fails to destroy the marijuana plants;
15081508 22 commits possession of marijuana, hash oil, hashish, or salvia, a Class
15091509 23 B misdemeanor, except as provided in subsections (b) through (c).
15101510 24 (b) The offense described in subsection (a) is a Class A
15111511 25 misdemeanor if:
15121512 26 (1) the person has a prior conviction for a drug offense; or
15131513 27 (2) the:
15141514 28 (A) marijuana, hash oil, hashish, or salvia is packaged in a
15151515 29 manner that appears to be low THC hemp extract; and
15161516 30 (B) person knew or reasonably should have known that the
15171517 31 product was marijuana, hash oil, hashish, or salvia.
15181518 32 (c) The offense described in subsection (a) is a Level 6 felony if:
15191519 33 (1) the person has a prior conviction for a drug offense; and
15201520 34 (2) the person possesses:
15211521 35 (A) at least thirty (30) grams of marijuana; or
15221522 36 (B) at least five (5) grams of hash oil, hashish, or salvia.
15231523 37 (d) This section does not apply to a patient, caregiver, medical
15241524 38 marijuana organization, research facility, or transporter described
15251525 39 in IC 16-53 if the person is in substantial compliance with the
15261526 40 requirements of IC 16-53.
15271527 41 SECTION 27. IC 35-52-16-94 IS ADDED TO THE INDIANA
15281528 42 CODE AS A NEW SECTION TO READ AS FOLLOWS
15291529 2025 IN 1178—LS 6395/DI 151 36
15301530 1 [EFFECTIVE JULY 1, 2025]: Sec. 94. IC 16-53-24-3 defines a crime
15311531 2 concerning medical marijuana.
15321532 3 SECTION 28. IC 35-52-16-95 IS ADDED TO THE INDIANA
15331533 4 CODE AS A NEW SECTION TO READ AS FOLLOWS
15341534 5 [EFFECTIVE JULY 1, 2025]: Sec. 95. IC 16-53-24-4 defines a crime
15351535 6 concerning medical marijuana.
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