Indiana House Bill HB1332 Introduced / Bill

                     
Introduced Version
HOUSE BILL No. 1332
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 6-8.1-1-1; IC 6-11; IC 7.1-8; IC 9-30-5;
IC 10-10.5-1-3; IC 10-13-8-5; IC 11-12-3.7-3; IC 16-31-3;
IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
IC 34-24-1-1; IC 34-30-2.1-73.5; IC 35-31.5-2-185; IC 35-45-6-1;
IC 35-46-9-6; IC 35-48; IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
Synopsis:  Cannabis. Establishes a procedure for the lawful production
and sale of cannabis in Indiana. Makes conforming amendments.
Makes an appropriation.
Effective:  July 1, 2025.
Johnson B
January 13, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025	IN 1332—LS 6348/DI 106 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1332
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 6-8.1-1-1, AS AMENDED BY P.L.1-2023,
2 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. "Listed taxes" or "taxes" includes only the
4 pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the supplemental
5 wagering tax (IC 4-33-12); the riverboat wagering tax (IC 4-33-13); the
6 slot machine wagering tax (IC 4-35-8); the type II gambling game
7 excise tax (IC 4-36-9); the gross income tax (IC 6-2.1) (repealed); the
8 utility receipts and utility services use taxes (IC 6-2.3) (repealed); the
9 state gross retail and use taxes (IC 6-2.5); the adjusted gross income tax
10 (IC 6-3); the pass through entity tax (IC 6-3-2.1); the supplemental net
11 income tax (IC 6-3-8) (repealed); the county adjusted gross income tax
12 (IC 6-3.5-1.1) (repealed); the county option income tax (IC 6-3.5-6)
13 (repealed); the county economic development income tax (IC 6-3.5-7)
14 (repealed); the local income tax (IC 6-3.6); the auto rental excise tax
15 (IC 6-6-9); the financial institutions tax (IC 6-5.5); the gasoline tax (IC
16 6-6-1.1); the special fuel tax (IC 6-6-2.5); the motor carrier fuel tax (IC
17 6-6-4.1); a motor fuel tax collected under a reciprocal agreement under
2025	IN 1332—LS 6348/DI 106 2
1 IC 6-8.1-3; the vehicle excise tax (IC 6-6-5); the aviation fuel excise
2 tax (IC 6-6-13); the commercial vehicle excise tax (IC 6-6-5.5); the
3 excise tax imposed on recreational vehicles and truck campers (IC
4 6-6-5.1); the hazardous waste disposal tax (IC 6-6-6.6) (repealed); the
5 heavy equipment rental excise tax (IC 6-6-15); the vehicle sharing
6 excise tax (IC 6-6-16); the cigarette tax (IC 6-7-1); the closed system
7 cartridge tax (IC 6-7-2-7.5); the electronic cigarette tax (IC 6-7-4); the
8 cannabis excise tax (IC 6-11); the beer excise tax (IC 7.1-4-2); the
9 liquor excise tax (IC 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard
10 cider excise tax (IC 7.1-4-4.5); the petroleum severance tax (IC 6-8-1);
11 the various innkeeper's taxes (IC 6-9); the various food and beverage
12 taxes (IC 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28);
13 the oil inspection fee (IC 16-44-2); the penalties assessed for oversize
14 vehicles (IC 9-20-3 and IC 9-20-18); the fees and penalties assessed for
15 overweight vehicles (IC 9-20-4 and IC 9-20-18); and any other tax or
16 fee that the department is required to collect or administer.
17 SECTION 2. IC 6-11 IS ADDED TO THE INDIANA CODE AS A
18 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
19 2025]:
20 ARTICLE 11. CANNABIS EXCISE TAX
21 Chapter 1. Imposition and Collection of Tax
22 Sec. 1. The following definitions apply throughout this article:
23 (1) "Department" refers to the department of state revenue.
24 (2) "Person" has the meaning set forth in IC 6-2.5-1-3.
25 (3) "Retailer permittee" means a person who holds a cannabis
26 retailer permit issued under IC 7.1-8-15.
27 Sec. 2. A tax is imposed upon the privilege of selling cannabis at
28 a rate of ten percent (10%) of the sales price per ounce of cannabis.
29 This tax shall be paid to the department by the retailer permittee
30 who sells the cannabis.
31 Sec. 3. (a) Every person subject to the tax under this article shall
32 remit the tax owed to the department before the fifteenth day of
33 the month following the month in which the cannabis is sold.
34 (b) The department shall prescribe the return to be filed for the
35 payment of the tax.
36 Sec. 4. The amounts received from the tax imposed by this
37 article shall be transferred by the state comptroller to the cannabis
38 regulation fund established by IC 7.1-8-2-12.
39 Sec. 5. The department has full power to administer and enforce
40 this chapter, to collect all taxes and penalties due, and to dispose of
41 taxes and penalties so collected as provided by law. The tax is a
42 listed tax for purposes of IC 6-8.1.
2025	IN 1332—LS 6348/DI 106 3
1 Sec. 6. Except as otherwise provided in this article, a tax
2 imposed under this chapter shall be imposed, paid, and collected in
3 the same manner that the state gross retail tax is imposed, paid,
4 and collected under IC 6-2.5.
5 Sec. 7. The department shall adopt rules under IC 4-22-2 to
6 implement this article.
7 SECTION 3. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
8 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
9 2025]:
10 ARTICLE 8. CANNABIS
11 Chapter 1. Definitions
12 Sec. 1. The following definitions apply throughout this article
13 unless the context clearly requires otherwise:
14 (1) "Applicant" means a person who applies for a permit
15 under this article.
16 (2) "Batch" means cannabis plants that have been grown
17 together.
18 (3) "Cannabis" means any part of the plant genus Cannabis,
19 whether growing or not, the seeds thereof, and any compound,
20 manufacture, salt, derivative, mixture, or preparation of the
21 plant or its seeds. However, the term does not include:
22 (A) the mature stalks of the plant;
23 (B) fiber produced from the stalks;
24 (C) oil or cake made from the seeds of the plant;
25 (D) any other compound, manufacture, salt, derivative,
26 mixture, or preparation of the mature stalks (except the
27 resin extracted therefrom);
28 (E) the sterilized seed of the plant which is incapable of
29 germination;
30 (F) hemp (as defined in IC 15-15-13-6);
31 (G) low THC hemp extract (as defined in IC 35-48-1-17.5);
32 or
33 (H) smokable hemp (as defined in IC 35-48-1-26.6).
34 (4) "Cannabis canopy" means the surface area used to grow
35 cannabis plants calculated in square feet and measured using
36 the outside boundaries of any area that includes cannabis
37 plants, including all of the space within the boundaries. If
38 cannabis is grown in a multi-level grow facility, the surface
39 area used to grow cannabis on each level shall be calculated
40 separately and added together to determine the size of the
41 cannabis canopy.
42 (5) "Cannabis permittee" means an individual, partnership,
2025	IN 1332—LS 6348/DI 106 4
1 company, or corporation permitted to grow, process,
2 transport, or sell cannabis or cannabis products for
3 commercial purposes in Indiana.
4 (6) "Carrier" means a person who is engaged in the
5 transportation of cannabis or cannabis products between a
6 grower, a processor, and a retailer and holds a permit issued
7 under IC 7.1-8-14.
8 (7) "Commission" means the cannabis commission established
9 by IC 7.1-8-2-1.
10 (8) "Crop" means any cannabis grown under a single permit.
11 (9) "Grower" means an individual, partnership, company, or
12 corporation that produces cannabis for commercial purposes
13 and that holds a permit issued under IC 7.1-8-12.
14 (10) "Integrated permittee" means a permittee who
15 simultaneously holds a grower permit, a processor permit,
16 and a retailer permit.
17 (11) "Permit" means a written authorization issued by the
18 commission entitling the holder to grow, process, transport,
19 sell, test, or otherwise deal in cannabis or cannabis products,
20 as provided in this article.
21 (12) "Permittee" means a person who holds a valid permit
22 under this article, including an agent of, employee of, or
23 another person acting on behalf of a permittee.
24 (13) "Personally cultivate" means to grow cannabis for
25 personal household use.
26 (14) "Processor" means an individual, partnership, company,
27 or corporation holding a permit issued under IC 7.1-8-13 that
28 obtains cannabis from a grower and:
29 (A) extracts botanical compounds or cannabinoids from
30 the cannabis;
31 (B) creates a cannabis infused product; or
32 (C) prepares or packages cannabis or cannabis products
33 for retail sale for sale or transfer.
34 (15) "Retailer" means an individual, partnership, company,
35 or corporation that holds a permit under IC 7.1-8-15 and that,
36 in the ordinary course of the person's regular trade or
37 business:
38 (A) acquires any form of cannabis or cannabis products
39 for the purpose of resale; and
40 (B) transfers the cannabis or cannabis products to another
41 person for money or other consideration.
42 (16) "Statewide monitoring system" means the statewide
2025	IN 1332—LS 6348/DI 106 5
1 cannabis tracking and monitoring system established under
2 IC 7.1-8-17.
3 Chapter 2. Cannabis Commission
4 Sec. 1. The cannabis commission is established as an agency of
5 the executive branch of state government for purposes of
6 regulating the production and sale of cannabis and cannabis
7 products.
8 Sec. 2. The commission consists of four (4) members.
9 Sec. 3. (a) The commissioners shall be appointed by the
10 governor.
11 (b) A commissioner serves for a term that ends June 30 of the
12 next odd-numbered year after appointment. A commissioner is
13 eligible for reappointment.
14 (c) Not more than two (2) commissioners may belong to the
15 same political party.
16 (d) A commissioner may only be removed for cause.
17 Sec. 4. To be eligible for appointment as a commissioner an
18 individual must have the following qualifications:
19 (1) The individual may not be employed by the state in any
20 other capacity.
21 (2) The individual must have been an Indiana resident for at
22 least ten (10) years immediately preceding the appointment.
23 (3) The individual may not have a financial interest in a
24 cannabis permittee or in an entity governed by:
25 (A) this title;
26 (B) IC 4-29;
27 (C) IC 4-29.5;
28 (D) IC 4-31;
29 (E) IC 4-32.3;
30 (F) IC 4-33;
31 (G) IC 4-35; or
32 (H) IC 4-36.
33 (4) The individual may not have been convicted within ten
34 (10) years before the date of appointment of:
35 (A) a federal crime having a sentence of greater than one
36 (1) year;
37 (B) a Class A, Class B, or Class C felony (for a crime
38 committed before July 1, 2014) or a Level 1, Level 2, Level
39 3, Level 4, or Level 5 felony (for a crime committed after
40 June 30, 2014); or
41 (C) a crime in another state that is substantially similar to
42 a crime described in clause (B).
2025	IN 1332—LS 6348/DI 106 6
1 Sec. 5. The governor shall appoint one (1) of the commissioners
2 to serve as chairperson of the commission. The governor also shall
3 appoint one (1) of the commissioners to serve as chairperson pro
4 tempore in the absence of the chairperson. The chairperson and
5 chairperson pro tempore serve at the pleasure of the governor.
6 Sec. 6. A commissioner appointed to fill a vacancy shall serve
7 only for the remainder of the unexpired term.
8 Sec. 7. (a) As compensation for services, each commissioner is
9 entitled to the minimum salary per diem provided by
10 IC 4-10-11-2.1(b). A commissioner is also entitled to
11 reimbursement for traveling expenses as provided under
12 IC 4-13-1-4 and other expenses actually incurred in connection
13 with the commissioner's duties as provided in the state policies and
14 procedures established by the Indiana department of
15 administration and approved by the budget agency.
16 (b) The expenses of the commission shall be paid from funds
17 appropriated to the commission.
18 Sec. 8. (a) Each commissioner shall execute:
19 (1) a surety bond in the amount of ten thousand dollars
20 ($10,000), with surety approved by the governor; and
21 (2) an oath of office.
22 The surety bond and the oath of office shall be filed in the office of
23 the secretary of state.
24 (b) The required surety bond executed and filed on behalf of a
25 commissioner, an enforcement officer (under IC 7.1-8-5), or the
26 prosecutor (under IC 7.1-8-3) shall be made payable to the state of
27 Indiana and conditioned upon the faithful discharge of the bonded
28 party's respective duties.
29 Sec. 9. (a) Three (3) members of the commission constitute a
30 quorum for the transaction of business.
31 (b) Each commissioner has one (1) vote.
32 (c) Action of the commission may be taken only upon the
33 affirmative votes of at least two (2) commissioners. If a vote of the
34 commission is a tie, the position for which the chairperson voted
35 prevails, as long as that position has received the affirmative votes
36 of at least two (2) commissioners.
37 Sec. 10. The commission shall hold regular meetings on at least
38 a quarterly basis. The commission may hold special meetings
39 whenever the commission deems it necessary. The procedure for
40 the calling of a special meeting shall be provided for in the rules of
41 the commission. The commission has the power to adjourn, from
42 time to time, both regular and special meetings. In no event,
2025	IN 1332—LS 6348/DI 106 7
1 however, shall the adjournment be later than the next regular
2 meeting date.
3 Sec. 11. A commissioner may not solicit or accept a political
4 contribution from any person or entity that has a permit or has
5 applied for a permit issued by the commission. However, the right
6 of a commissioner to vote as the commissioner chooses and to
7 express the commissioner's opinions on political subjects and
8 candidates may not be impaired.
9 Sec. 12. (a) As used in this section, "fund" means the cannabis
10 regulation fund established by subsection (b).
11 (b) The cannabis regulation fund is established for the purpose
12 of implementing, administering, and enforcing this article. The
13 fund shall be administered by the commission.
14 (c) The fund consists of taxes, fees, and civil penalties collected
15 under this article.
16 (d) The expenses of administering the fund shall be paid from
17 money in the fund.
18 (e) The treasurer of state shall invest money in the fund not
19 currently needed to meet the obligations of the fund in the same
20 manner as other public money may be invested. Interest that
21 accrues from these investments shall be deposited in the fund.
22 (f) Money in the fund at the end of a state fiscal year does not
23 revert to the state general fund. However, the treasurer of state
24 shall distribute money in the fund at the end of a state fiscal year
25 as follows:
26 (1) Fifteen percent (15%) to prosecuting attorneys in counties
27 in which a cannabis retail facility is located, allocated in
28 proportion to the number of cannabis retail facilities within
29 the county as compared to the total number of cannabis retail
30 facilities in Indiana.
31 (2) Fifteen percent (15%) to cities, towns, and counties (if a
32 facility is not located in a city or town) in which a cannabis
33 growing facility, processing facility, or retail facility is
34 located, allocated in proportion to the number of growing
35 facilities, processing facilities, and retail facilities in Indiana.
36 (3) Twenty percent (20%) to the Indiana department of health
37 to be used to develop, in consultation with the department of
38 education, a cannabis abuse prevention and education
39 program for youth.
40 (4) Twenty-five percent (25%) to the Indiana department of
41 health for use by the division of mental health and addiction.
42 (5) Twenty-five percent (25%) to the state police department.
2025	IN 1332—LS 6348/DI 106 8
1 Chapter 3. Office of the Prosecutor
2 Sec. 1. The office of the prosecutor is established within the
3 commission.
4 Sec. 2. The prosecutor shall be appointed by the governor for a
5 term of four (4) years to be served at the pleasure of the governor.
6 The prosecutor must be a resident of Indiana and licensed to
7 practice law in Indiana.
8 Sec. 3. The prosecutor shall execute a surety bond in the amount
9 of five thousand dollars ($5,000), with surety approved by the
10 governor, and an oath of office, both of which shall be filed in the
11 office of the secretary of state.
12 Sec. 4. As compensation for services, the prosecutor shall
13 receive an annual salary to be fixed in the same manner that the
14 salaries of other state officials are fixed. In addition to the annual
15 salary, the prosecutor shall be reimbursed for traveling and other
16 expenses necessarily incurred while away from the office carrying
17 out prosecutorial duties.
18 Sec. 5. The prosecutor has the following powers and duties:
19 (1) To prosecute before the commission all violations of laws
20 pertaining to cannabis or cannabis products.
21 (2) To prosecute before the commission all violations of the
22 rules of the commission.
23 (3) To assist the prosecuting attorneys of the various judicial
24 circuits in the investigation and prosecution of violations of
25 laws pertaining to cannabis or cannabis products.
26 (4) To appear before grand juries to assist in their
27 investigations into matters pertaining to cannabis and
28 cannabis products.
29 (5) To establish a seal of office.
30 (6) To administer oaths and to do all other acts authorized by
31 law for notaries public.
32 (7) To employ, with the consent of the commission and at
33 salaries fixed by the commission in its budget, the clerical staff
34 required to effectively discharge the duties of the prosecutor.
35 Sec. 6. The commission shall provide the prosecutor with
36 appropriate office space and all necessary office supplies and
37 services. All claims for salaries and necessary expenses of the office
38 of the prosecutor shall be allowed, approved, and paid by the
39 commission.
40 Chapter 4. Executive Director
41 Sec. 1. The commission shall employ an executive director to aid
42 the commission in the efficient administration of its powers and
2025	IN 1332—LS 6348/DI 106 9
1 duties.
2 Sec. 2. The executive director's compensation shall be approved
3 annually by the commission.
4 Sec. 3. The commission may by resolution assign to the executive
5 director any duty imposed upon the commission by this article.
6 Sec. 4. The executive director shall perform the duties assigned
7 to the executive director by the commission. The executive director
8 may exercise any power conferred upon the commission by this
9 article that is consistent with the duties assigned to the executive
10 director under this chapter.
11 Sec. 5. In addition to any salary paid under this chapter, the
12 executive director is entitled to reimbursement for traveling
13 expenses and other expenses actually incurred in connection with
14 the executive director's duties, as provided in the state policies and
15 procedures established by the Indiana department of
16 administration and approved by the budget agency.
17 Chapter 5. Enforcement Officers
18 Sec. 1. The commission may employ a superintendent of the
19 enforcement officers and qualified individuals to serve as
20 enforcement officers of the commission.
21 Sec. 2. The superintendent of the enforcement officers must
22 have at least ten (10) years experience as an active law enforcement
23 officer, at least five (5) years of which must have been in a
24 management capacity.
25 Sec. 3. An enforcement officer who has completed the required
26 training at the Indiana law enforcement academy is vested with full
27 police powers and duties to enforce:
28 (1) the provisions of this article; and
29 (2) any other Indiana law relating to cannabis and cannabis
30 products.
31 Sec. 4. An enforcement officer may issue a summons for
32 infraction or misdemeanor violations if the defendant promises to
33 appear by signing the summons. A defendant who fails to appear
34 is subject to the penalties provided by IC 35-44.1-2-10. Upon
35 failure to appear, the court shall issue a warrant for the arrest of
36 the defendant.
37 Sec. 5. An enforcement officer may act as an officer for the
38 arrest of offenders against Indiana law if the enforcement officer
39 reasonably believes that a crime is or is about to be committed or
40 attempted in the enforcement officer's presence.
41 Sec. 6. Each enforcement officer shall execute a surety bond in
42 the amount of one thousand dollars ($1,000), with surety approved
2025	IN 1332—LS 6348/DI 106 10
1 by the commission, and an oath of office, both of which shall be
2 filed with the commission.
3 Sec. 7. An eligible enforcement officer who retires with at least
4 twenty (20) years of service as an enforcement officer may retain
5 the officer's service weapon. The officer is entitled to receive, in
6 recognition of the officer's service to the commission and to the
7 public, a badge that indicates that the officer is retired. The
8 commission shall issue the officer who is retiring an identification
9 card stating the officer's name and rank, signifying that the officer
10 is retired, and noting the officer's authority to retain the service
11 weapon.
12 Sec. 8. The commission has the power to employ and remove at
13 will all necessary employees, and to fix their duties, authority, and,
14 with proper approval, compensation.
15 Sec. 9. The superintendent of the enforcement officers may
16 discharge a nonprobationary enforcement officer for just cause.
17 The commission shall adopt rules to establish a probationary
18 period and a procedure for the adjudication of the propriety of the
19 discharge of a nonprobationary enforcement officer.
20 Sec. 10. (a) The commission shall categorize salaries of
21 enforcement officers within each rank based upon the rank held
22 and the number of years of service in the commission through the
23 twentieth year. The salary ranges that the commission assigns to
24 each rank shall be divided into a base salary and twenty (20)
25 increments above the base salary with:
26 (1) the base salary in the rank paid to a person with less than
27 one (1) year of service in the commission; and
28 (2) the highest salary in the rank paid to a person with at least
29 twenty (20) years of service in the commission.
30 (b) The salary matrix prescribed by this section shall be
31 reviewed and approved by the budget agency before
32 implementation.
33 (c) The salary matrix prescribed by this section must have
34 parity with the salary matrix prescribed by the natural resources
35 commission under IC 14-9-8 for conservation officers of the
36 department of natural resources. The budget agency shall approve
37 a salary matrix that meets the parity requirement of this
38 subsection.
39 Chapter 6. Duties and Responsibilities of the Commission
40 Sec. 1. The chairperson is the presiding officer at the meetings
41 of the commission. The chairperson shall prepare, certify, and
42 authenticate all proceedings, minutes, records, and rules of the
2025	IN 1332—LS 6348/DI 106 11
1 commission. The chairperson or the chairperson's designee also
2 shall perform all other duties as imposed by this article.
3 Sec. 2. The commission has the power to organize its work and
4 carry on the functions of the commission and to enforce and
5 administer the provisions of this article and the rules of the
6 commission.
7 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
8 power to prescribe the forms for all applications, permits, licenses,
9 certificates, and other documents and records used in the
10 administration of this article.
11 Sec. 4. The commission has the power to:
12 (1) hold hearings before the commission or its representative;
13 (2) take testimony and receive evidence;
14 (3) conduct inquiries with or without hearings;
15 (4) receive reports of investigators or other governmental
16 officers and employees;
17 (5) administer oaths;
18 (6) subpoena witnesses and compel them to appear and
19 testify;
20 (7) issue and enforce subpoenas duces tecum;
21 (8) take or institute proceedings to enforce subpoenas and the
22 rules, orders, or requirements of the commission or its
23 representative;
24 (9) fix the compensation paid to witnesses appearing before
25 the commission;
26 (10) establish and use the seal of the commission;
27 (11) certify copies of records of the commission or any other
28 document or record on file with the commission;
29 (12) fix the form, mode, manner, time, and number of times
30 for the posting or publication of any required notices if not
31 otherwise provided in this article;
32 (13) issue letters of extension as authorized by this article; and
33 (14) hold permits on deposit as authorized by this article.
34 Sec. 5. (a) The commission shall prepare a quarterly report that
35 describes the violations by permittees subject to an enforcement
36 action under this article. Beginning in January 2026, the
37 commission shall issue the quarterly reports on or before the
38 fifteenth day of:
39 (1) January, concerning violations committed during the
40 preceding quarter consisting of the months of October
41 through December;
42 (2) April, concerning violations committed during the
2025	IN 1332—LS 6348/DI 106 12
1 preceding quarter consisting of the months of January
2 through March;
3 (3) July, concerning violations committed during the
4 preceding quarter consisting of the months of April through
5 June; and
6 (4) October, concerning violations committed during the
7 preceding quarter consisting of the months of July through
8 September.
9 (b) The commission's quarterly report must provide
10 noncompliance violations by:
11 (1) business listing;
12 (2) permit type; and
13 (3) county.
14 (c) The commission shall post the quarterly reports on the
15 commission's website. The commission shall:
16 (1) prepare a report annually that compiles the violations for
17 the preceding calendar year; and
18 (2) provide the report to the legislative council not later than
19 February 1 of each year in an electronic format under
20 IC 5-14-6.
21 Sec. 6. The commission has the authority to petition the circuit
22 or superior court of the county in which the hearing or
23 investigation is being held to compel obedience to the lawful
24 requirements of its subpoena under this chapter.
25 Sec. 7. The commission is responsible for the enforcement and
26 administration of this article.
27 Sec. 8. The commission shall adopt rules in accordance with
28 IC 4-22-2 to implement and administer this article.
29 Sec. 9. The commission has the power to adopt rules governing
30 the following:
31 (1) The conduct of the meetings and business of the
32 commission.
33 (2) The conduct of hearings before any of the commission's
34 representatives.
35 (3) The conduct of the business of a permittee authorized or
36 governed by the provisions of this article.
37 (4) The enforcement of the provisions of this article and of the
38 rules of the commission.
39 (5) The standards of purity and methods of processing used in
40 the production of cannabis and cannabis products.
41 (6) The prevention of misbranding or adulteration of cannabis
42 and cannabis products.
2025	IN 1332—LS 6348/DI 106 13
1 (7) The prevention of fraud, evasion, trickery, or deceit in the
2 processing, labeling, advertisement, transportation, or sale of
3 cannabis and cannabis products, or the evasion of other
4 Indiana law relating to cannabis and cannabis products.
5 Sec. 10. The commission shall adopt rules to do the following:
6 (1) Establish safety and security standards for facilities used
7 for the growth, processing, testing, storage, or sale of cannabis
8 or cannabis products.
9 (2) Mandate periodic training for persons employed in a
10 facility used for the growth, processing, testing, storage, or
11 sale of cannabis or cannabis products.
12 (3) Establish or approve training and other programming for
13 persons employed in a facility used for the growth, processing,
14 testing, storage, or sale of cannabis or cannabis products.
15 Chapter 7. Regulation of Permits and Permittees
16 Sec. 1. The commission has the discretionary authority to issue,
17 deny, suspend, revoke, or not renew all permits and certificates
18 authorized by this article, unless the exercise of discretion or
19 authority is limited by applicable provisions of this article.
20 Sec. 2. (a) The commission shall prepare and maintain, available
21 for public inspection, a registry of all permits issued by the
22 commission, categorized by type of permit and by the type of
23 establishment to which the permit is issued. The registry of permits
24 must:
25 (1) be subdivided on a county by county basis, and further
26 subdivided by city, town, and unincorporated area;
27 (2) contain the number of permits authorized by the quota,
28 and the number of permits currently issued;
29 (3) contain the name of the owner of the permit, the address
30 of the permitted premises, the assumed business name under
31 which the business is conducted, and, if a corporation, the
32 names of the president and secretary; and
33 (4) be made current annually, to indicate by specific notation
34 any new permits that were issued or any existing permits that
35 were transferred in any manner within the prior year.
36 (b) The registry of permits is a public record.
37 Sec. 3. The commission has the power to investigate applicants
38 and permittees, and any violation of a provision of this article and
39 of the rules of the commission, and to report its findings to the
40 prosecuting attorney or the grand jury of the county in which the
41 violation occurred, or to the attorney general.
42 Sec. 4. The commission has the power to prohibit the sale,
2025	IN 1332—LS 6348/DI 106 14
1 transportation, or movement of cannabis or cannabis products
2 when, in the judgment of the commission, it is necessary during a
3 time of public emergency, civil disturbance, riot, or epidemic. The
4 prohibition may be imposed without prior notice or advertisement
5 and may be continued in force as long as the need continues.
6 Sec. 5. (a) The commission has the power to examine, inspect,
7 and search a permitted premises or a vehicle where cannabis or
8 cannabis products are kept, processed, or sold.
9 (b) The commission has the power to seize cannabis or cannabis
10 products, or any other personal property when the seizure is lawful
11 under the provisions of this article.
12 Sec. 6. The commission has the power to prevent a part of the
13 premises connected with, or in any way used in connection with, a
14 permitted premises, from being used as a subterfuge or means of
15 evading the provisions of this article or the rules of the commission.
16 Sec. 7. The commission has the power to set standards of
17 cleanliness and sanitation for a permitted premises and for the
18 apparatuses, equipment, utensils, accessories, articles, and fixtures
19 used or employed in the permitted premises.
20 Sec. 8. The commission has the power to require the destruction
21 or removal of cases, containers, apparatuses, or devices, used or
22 likely to be used, in evading, violating, or preventing the
23 enforcement of the provisions of this article or the rules of the
24 commission.
25 Sec. 9. (a) The commission has the power to regulate and
26 prohibit advertising, signs, displays, posters, and designs intended
27 to advertise cannabis, a cannabis product, or the place where
28 cannabis or cannabis products are sold.
29 (b) The commission may not exercise the prohibition power
30 contained in subsection (a) as to any advertisement broadcast over
31 licensed radio and television stations.
32 (c) All advertisements relating to cannabis or cannabis products
33 must conform to the rules of the commission.
34 (d) The commission shall not exercise the prohibition power
35 contained in subsection (a) as to advertising in the official program
36 of the Indianapolis 500 Race.
37 (e) Notwithstanding any other law, the commission may not
38 prohibit the use of an illuminated sign advertising cannabis or
39 cannabis products by brand name that is displayed within the
40 interior or on the exterior of the premises covered by the permit,
41 regardless of whether the sign is illuminated constantly or
42 intermittently.
2025	IN 1332—LS 6348/DI 106 15
1 (f) The commission may not prohibit the advertisement of:
2 (1) cannabis or cannabis products; or
3 (2) a place where cannabis or cannabis products may be
4 obtained;
5 in a program, scorecard, handbill, throw-away newspaper, or
6 menu. However, advertisements described in this subsection must
7 conform to the rules of the commission.
8 (g) Cannabis or cannabis products must be marketed or
9 advertised as "cannabis" for use only by persons at least
10 twenty-one (21) years of age.
11 (h) Cannabis or cannabis products may not be marketed or
12 advertised to persons less than twenty-one (21) years of age. The
13 commission shall determine whether a sponsorship is marketed or
14 advertised to a person less than twenty-one (21) years of age.
15 (i) Cannabis or cannabis products may not be advertised on any
16 television program, radio program, website, or print publication
17 unless there is reliable evidence that seventy percent (70%) of the
18 audience is reasonably expected to be at least twenty-one (21) years
19 of age.
20 (j) Any cannabis or cannabis products advertised must bear a
21 warning label stating the following:
22 "For use by adults only. Keep out of reach of children. It is
23 illegal to drive a motor vehicle while under the influence of
24 cannabis. National Poison Control Center 1-800-222-1222.".
25 Sec. 10. (a) As used in this section, "facility" includes the
26 following:
27 (1) A facility permitted under this article.
28 (2) A tract that contains a premises permitted under this
29 article.
30 (3) A horse track or satellite facility.
31 (4) A riverboat or racetrack.
32 (5) A tract that contains an entertainment complex.
33 (b) As used in this section, "tract" has the meaning set forth in
34 IC 6-1.1-1-22.5.
35 (c) A facility may advertise cannabis or cannabis products:
36 (1) in the facility's interior; or
37 (2) on the facility's exterior.
38 (d) The commission may not exercise the prohibition power
39 contained in this chapter on advertising by a permittee in or on a
40 facility.
41 (e) A facility may provide advertising to a permittee in exchange
42 for compensation from that permittee.
2025	IN 1332—LS 6348/DI 106 16
1 Sec. 11. The commission has the power to require the
2 registration of all brands, formulas, analyses, and labels used or
3 proposed to be used in selling or advertising cannabis or cannabis
4 products. The commission does not have the power to require the
5 disclosure of formulas that are verified trade secrets.
6 Sec. 12. The commission has the power to regulate the modes
7 and methods of dealing in, and the transportation of, cannabis and
8 cannabis products.
9 Sec. 13. The commission has the power to:
10 (1) prescribe the manner and methods by which all records
11 relating to cannabis and cannabis products are kept and
12 preserved;
13 (2) inspect all records relating to cannabis and cannabis
14 products; and
15 (3) require true copies of any record to be made and furnished
16 to the commission.
17 Sec. 14. The commission may require that, before the
18 transportation of cannabis or cannabis products into Indiana by an
19 authorized permittee, the permittee shall submit written, verified
20 information concerning the proposed transportation and execute
21 and file any documents required. The commission has the power to
22 inspect the shipments in transit and the vehicle used in the
23 transportation.
24 Sec. 15. The commission, unless otherwise specifically
25 prohibited, may delegate the powers and duties conferred on it in
26 this article to responsible employees of the commission. However,
27 the commission bears ultimate responsibility.
28 Sec. 16. The members of the commission and their officers and
29 employees are immune from civil liability for an act or omission
30 done under the authority, or the color of authority, conferred by
31 this article or by a rule or order of the commission, unless the act
32 or omission constitutes gross negligence or willful or wanton
33 misconduct.
34 Sec. 17. The commission and the chairperson have, in addition
35 to the express powers enumerated in this article, the authority to
36 exercise all powers necessary and proper to carry out the policies
37 of this article and to promote efficient administration by the
38 commission.
39 Chapter 8. Searches and Seizures
40 Sec. 1. A circuit or superior court may issue a warrant to search
41 a house or other place for cannabis, cannabis products, or another
42 article that is being possessed, kept, sold, bartered, given away,
2025	IN 1332—LS 6348/DI 106 17
1 used, or transported in violation of this article.
2 Sec. 2. The warrant shall be directed to the officer, agent, or
3 employee of the commission who filed the affidavit for the warrant
4 and otherwise it shall be directed to any officer who has the power
5 to serve criminal process. The warrant shall be served by the
6 person to whom it was issued in the daytime or nighttime and the
7 return made within twenty (20) days from the date of issue.
8 Sec. 3. The officer who serves the warrant shall seize any article
9 described in the warrant and any other article found during the
10 search that is used in the violation of a provision of this article and
11 hold the article in the same manner as other items seized pursuant
12 to a search warrant are held.
13 Sec. 4. A person has no property right of any kind in:
14 (1) cannabis or a cannabis product possessed contrary to law;
15 (2) a receptacle or container holding cannabis or a cannabis
16 product possessed contrary to law;
17 (3) an unlawful or prohibited receptacle or container; or
18 (4) a receptacle or container that violates a rule of the
19 commission or that is being used in a manner that violates a
20 rule of the commission.
21 Sec. 5. Testimony concerning the appearance, taste, or odor of
22 cannabis or a cannabis product is admissible as evidence in a
23 criminal prosecution or in a proceeding before the commission.
24 Sec. 6. An unbroken cannabis container with a label altered so
25 that it does not describe the cannabis or cannabis product
26 accurately is admissible as evidence in a court.
27 Sec. 7. The court shall receive oral testimony upon a matter
28 referred to in this chapter for the purpose of showing a violation of
29 this article whether the container is offered in evidence or not.
30 Sec. 8. (a) If a substance is removed or destroyed before it is
31 able to be seized under this chapter, the trier of fact may infer that
32 the substance was cannabis or a cannabis product possessed in
33 violation of this article.
34 (b) Proof of the possession of an empty container permits a trier
35 of fact to infer that the person who possessed the container
36 possessed cannabis or a cannabis product.
37 Chapter 9. Public Nuisances
38 Sec. 1. The following are declared to be a public nuisance:
39 (1) A premises, vehicle, or place of any kind where at least one
40 (1) of the following occurs:
41 (A) Cannabis or a cannabis product of any type is
42 possessed in violation of Indiana law or a rule of the
2025	IN 1332—LS 6348/DI 106 18
1 commission.
2 (B) A person is permitted to use the premises, vehicle, or
3 place for the purpose of consuming cannabis or cannabis
4 products in violation of Indiana law or a rule of the
5 commission.
6 (2) A place where cannabis or cannabis products are kept for
7 delivery in violation of Indiana law or in violation of a rule of
8 the commission.
9 (3) The business property of a person who knowingly or
10 intentionally possesses cannabis or cannabis products in
11 violation of Indiana law or a rule of the commission.
12 Sec. 2. The plaintiff in an action to abate a public nuisance
13 under this chapter must prove that the owner of the premises,
14 vehicle, or place had actual knowledge of the actions alleged to
15 constitute a nuisance.
16 Sec. 3. In determining whether an owner should be held liable
17 for failing to abate a public nuisance under this chapter, the court
18 shall consider the efforts the owner took to abate the public
19 nuisance, including whether the law enforcement agency that
20 serves the owner's property was notified by the owner or the
21 owner's employee of the actions alleged to constitute the public
22 nuisance.
23 Sec. 4. If a permittee violates this article on a premises or in a
24 vehicle where cannabis or a cannabis product is kept, the premises
25 or vehicle is a public nuisance.
26 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
27 and the premises or vehicle where it is kept constitute a public
28 nuisance.
29 Sec. 6. (a) The following may bring an action to abate a public
30 nuisance or a violation of this article:
31 (1) The commission.
32 (2) The chairperson of the commission.
33 (3) The attorney general.
34 (4) The prosecuting attorney exercising jurisdiction in the
35 county where the public nuisance or violation occurs.
36 (5) A permittee.
37 (6) A resident of the county where the public nuisance or
38 violation occurs.
39 (b) The court may grant a temporary restraining order, a
40 preliminary injunction, a permanent injunction, and any other
41 relief authorized under Indiana law.
42 Sec. 7. A prevailing plaintiff in an action brought to abate a
2025	IN 1332—LS 6348/DI 106 19
1 public nuisance is entitled to, at the discretion of the court:
2 (1) an order that the premises be closed for a period of one (1)
3 year; or
4 (2) an order that the premises be closed for a period of less
5 than one (1) year and an award of liquidated damages in an
6 amount of not less than one thousand dollars ($1,000) and not
7 more than twenty-five thousand dollars ($25,000) to the state
8 of Indiana.
9 Sec. 8. An action authorized by this chapter shall be brought in
10 the name of the state of Indiana on the relation of the commission.
11 The commission may be represented by an attorney selected by it,
12 by the attorney general, or by a deputy or assistant attorney
13 general assigned by the attorney general for the purpose of
14 instituting or conducting the action, or by both.
15 Sec. 9. The remedies authorized by this chapter are cumulative
16 and nonexclusive. The remedies provided in this chapter do not
17 affect the power of the commission to revoke a permit.
18 Chapter 10. Jurisdiction and Miscellaneous Judicial
19 Proceedings
20 Sec. 1. An action brought against the commission, or against the
21 chairperson as the chairperson, shall be brought in the circuit or
22 superior court of Marion County unless otherwise specifically
23 provided in this article.
24 Sec. 2. The commission may bring an action for declaratory
25 judgment under IC 34-14-1-1.
26 Chapter 11. Issuance of Permits Generally
27 Sec. 1. The following definitions apply throughout this chapter:
28 (1) "Minority" means a person identified as:
29 (A) Black;
30 (B) Native American;
31 (C) Asian American; or
32 (D) Hispanic.
33 (2) "Owned and controlled" means:
34 (A) ownership of at least fifty-one percent (51%) of the
35 enterprise, including corporate stock of a corporation;
36 (B) control over the management and being active in the
37 day to day operations of the business; and
38 (C) an interest in the capital, assets, and profits and losses
39 of the business proportionate to the percentage of
40 ownership.
41 (3) "Veteran" means an individual who:
42 (A) has previously:
2025	IN 1332—LS 6348/DI 106 20
1 (i) served on active duty in any branch of the armed
2 forces of the United States or their reserves, or in the
3 Indiana National Guard; and
4 (ii) received an honorable discharge from service; or
5 (B) is currently serving in:
6 (i) any branch of the armed forces of the United States or
7 their reserves; or
8 (ii) the Indiana National Guard.
9 Sec. 2. (a) The commission may issue only the types of permits
10 authorized by this article subject to the applicable provisions of
11 this article.
12 (b) Beginning July 1, 2025, the commission shall accept
13 applications for cannabis permits.
14 Sec. 3. A permit:
15 (1) is a revocable privilege granted by the state; and
16 (2) is not a property right.
17 Sec. 4. The commission may issue a permit under this article
18 only to:
19 (1) an individual;
20 (2) a partnership;
21 (3) a limited liability company; or
22 (4) a corporation organized and existing under Indiana law.
23 Sec. 5. (a) Except as provided in subsection (b), the commission
24 shall issue not less than fifteen percent (15%) of allowable permits
25 under this article to businesses owned and controlled by one (1) or
26 more:
27 (1) minorities; or
28 (2) veterans.
29 (b) If an insufficient number of qualifying applications are by a
30 person described in subsection (a), the commission shall issue
31 permits in the usual way.
32 Sec. 6. (a) Except as otherwise provided in this article, a permit
33 issued by the commission is valid for one (1) calendar year,
34 including the day upon which it is granted. At the end of the one (1)
35 year period, the permit expires and is void.
36 (b) The commission shall timely process a permittee's
37 application for renewal of a permit unless the permittee receives a
38 notice of a violation from the office of the prosecutor.
39 (c) The commission may timely process an application for
40 renewal of a permit filed by a permittee that receives notice of a
41 violation as described in subsection (f) if the chairperson or the
42 chairperson's designee authorizes the application for renewal of
2025	IN 1332—LS 6348/DI 106 21
1 the permit to be timely processed.
2 (d) A permittee may file an application for renewal of a permit
3 not later than thirty (30) days after the date the permit expires.
4 (e) If a permittee does not file an application for renewal of a
5 permit within the time provided in subsection (d), the permit
6 reverts to the commission. At least thirty (30) days before the date
7 that a permit reverts to the commission, the commission shall
8 provide written notice to the permittee informing the permittee of
9 the date that the permittee's permit will revert to the commission.
10 (f) The chairperson or the chairperson's designee may allow the
11 permittee to renew the permit after the date the permit expires
12 only if the permittee provides evidence that the permittee is
13 engaged in an administrative or court proceeding that prevents the
14 permittee from renewing the permit.
15 (g) A permit is effective upon the final approval of the
16 commission. Upon final approval of a permit, and upon the request
17 of the permittee, the commission shall provide the permittee with
18 a letter of authority to operate. The letter of authority to operate
19 constitutes authorization for the permittee to perform the actions
20 allowed under the permit until the date the permittee receives the
21 permit issued by the commission.
22 Sec. 7. (a) The chairperson or the chairperson's designee may
23 issue an original letter of extension extending the term of a permit
24 for a maximum period of ninety (90) days for good cause shown
25 upon the written request of the permittee and payment of the fee,
26 if required.
27 (b) Upon the expiration of an original letter of extension, or any
28 renewal thereof, if good cause still exists, subsequent renewals of
29 the extension may be granted to the permittee only upon the
30 affirmative vote of a majority of the members of the commission.
31 Sec. 8. The commission shall issue a permit authorized by this
32 article only upon proper application. The application shall be in
33 writing, and verified, upon forms prescribed and furnished by the
34 commission. The application shall contain the terms and
35 information required by this article or by the rules of the
36 commission. The appropriate surety bond, if required, must be
37 submitted with the application.
38 Sec. 9. An application for a permit shall contain the express
39 statement of the applicant that, if a permit is issued to the
40 applicant, the applicant consents for the duration of the permit
41 term to the entrance, inspection, and search by an enforcement
42 officer, without a warrant or other process, of the applicant's
2025	IN 1332—LS 6348/DI 106 22
1 permitted premises and vehicles to determine whether the
2 applicant is complying with the provisions of this article. The
3 consent required by this section is renewed and continued by the
4 retention of a permit or its use by a permittee.
5 Sec. 10. An application for a permit to sell cannabis or cannabis
6 products of any kind, and the required publication of notice, must
7 disclose the name of the applicant and the specific property
8 address where the cannabis or cannabis products are to be sold,
9 and any assumed business name under which the business will be
10 conducted. The application and notice also must disclose:
11 (1) the names of the executive officers of the corporation,
12 company, or other entity responsible for the sale of cannabis
13 or the cannabis product to the public; and
14 (2) the website where a member of the public may access the
15 information in subdivision (1).
16 Sec. 11. An applicant must have a vested legal interest in the
17 property address listed on the permit application.
18 Sec. 12. (a) As used in this section, "immediate family member"
19 means a spouse, parent, child, sibling, father-in-law, or
20 mother-in-law.
21 (b) The commission may not issue a permit under this chapter
22 to an individual who is an immediate family member of a current
23 permittee.
24 Sec. 13. (a) On receipt of a completed permit application under
25 this chapter, the commission shall forward a copy of the
26 application to the state police department.
27 (b) The state police department shall perform a national
28 criminal history background check of the applicant and return the
29 application to the commission along with the results from the
30 national criminal history background check. The commission is
31 responsible for the cost of the national criminal history
32 background check.
33 (c) The commission shall review the permit application after
34 receipt of the results from the state police department. The
35 commission shall grant or deny a completed application for a
36 permit within sixty (60) days after receipt of the application. If the
37 commission determines that:
38 (1) all the requirements under this article have been met; and
39 (2) the applicant has not been convicted within ten (10) years
40 before the date of application of:
41 (A) a federal crime having a sentence of more than one (1)
42 year;
2025	IN 1332—LS 6348/DI 106 23
1 (B) a Class A, Class B, or Class C felony (for a crime
2 committed before July 1, 2014) or a Level 1, Level 2, Level
3 3, Level 4, or Level 5 felony (for a crime committed after
4 June 30, 2014); or
5 (C) a crime in another state that is substantially similar to
6 a crime described in clause (B);
7 the commission shall approve the application for issuance of the
8 permit.
9 (d) The commission may deny a permit application if it finds
10 that the applicant has been adjudicated against in a civil
11 proceeding regarding the cannabis or hemp industry.
12 (e) If the completed application for a permit is denied, the
13 commission must state the reasons for the denial. If a completed
14 application is denied under this section, the applicant may reapply
15 within thirty (30) days after the date of the denial. There is no
16 application fee for a reapplication under this subsection.
17 (f) A permit issued under this chapter expires one (1) year after
18 the date on which the permit was issued, unless revoked.
19 Sec. 14. An applicant for a permit issued pursuant to this article
20 shall file with the commission a surety bond in the sum of fifteen
21 thousand dollars ($15,000).
22 Sec. 15. (a) The required surety bond of an applicant must be
23 approved by the commission. The bond must be made payable to
24 the state and may be forfeited if the applicant:
25 (1) violates a provision of this article or a rule of the
26 commission that relates to the permit; or
27 (2) fails to pay all taxes and fees imposed by this article on the
28 activities authorized under the permit.
29 (b) A permittee shall keep the bond in full force and effect
30 continuously in order to keep the permit in force.
31 Sec. 16. (a) Except as provided in subsection (b), the commission
32 may recover not more than two hundred fifty dollars ($250) in any
33 one (1) action on a permittee's surety bond for the violation of a
34 rule of the commission. Except as provided in subsection (b), the
35 commission may recover not more than five hundred dollars ($500)
36 in any one (1) action on the surety bond for the violation of a
37 provision of this article. All violations committed before the
38 commission brings an action on the bond are considered one (1)
39 violation. Funds recovered on a bond shall be deposited in the
40 cannabis regulation fund established by IC 7.1-8-2-12.
41 (b) The state may recover the full amount of all taxes and fees
42 due and owed by the permittee under this article in a single action
2025	IN 1332—LS 6348/DI 106 24
1 on the bond. No person may bring an action on the bond except the
2 commission. Funds recovered under this section shall be deposited
3 in the state general fund.
4 Sec. 17. The commission shall ensure that a surety bond filed
5 under this article is securely stored. The commission may not
6 approve a surety bond unless the surety company is solvent and
7 qualified to do business in Indiana. The commission, before
8 approving a surety bond, shall require the commissioner of the
9 department of insurance to furnish to the commission copies of
10 reports of the surety company and other information concerning
11 the reserves and reliability of the company.
12 Sec. 18. Cash or bonds of the United States, or both, may be
13 tendered to the commission instead of a surety bond required by
14 the provisions of this article if it is tendered on the same terms and
15 conditions as a surety bond.
16 Sec. 19. A surety may not cancel or annul a surety bond filed in
17 accordance with the provisions of this article after it has been
18 approved by the commission. However, a surety, with the consent
19 of the commission, may cancel a bond and be released from
20 liability accruing after the effective date of the cancellation. The
21 commission may not approve a cancellation until the surety has
22 paid and discharged in full its liability to the state on the bond to
23 the date of the approval of the cancellation.
24 Sec. 20. (a) As used in this section, "credit card" means a:
25 (1) credit card;
26 (2) debit card;
27 (3) charge card; or
28 (4) stored value card.
29 (b) The commission shall accept a payment to the commission
30 for any purpose by any of the following financial instruments:
31 (1) Cash.
32 (2) Certified check.
33 (3) Cashier's check.
34 (4) Check drawn on the bank deposit of a business.
35 (5) Valid postal money order of the United States.
36 (6) Bank draft.
37 (7) Money order.
38 (8) Bank card or credit card.
39 (9) Electronic funds transfer.
40 (10) Any other financial instrument authorized by the
41 commission.
42 (c) If there is a charge to the commission for the use of a
2025	IN 1332—LS 6348/DI 106 25
1 financial instrument, the commission may collect a sum equal to
2 the amount of the charge from the person who uses the financial
3 instrument.
4 (d) A procedure authorized for a particular type of payment
5 must be uniformly applied to all payments of the same type.
6 (e) The commission may contract with a bank card or credit
7 card vendor for acceptance of bank cards or credit cards.
8 However, if there is a vendor transaction charge or discount fee,
9 whether billed to the commission or charged directly to the
10 commission's account, the commission may collect from the person
11 using the card:
12 (1) an official fee that may not exceed the transaction charge
13 or discount fee charged to the commission by bank card or
14 credit card vendors; or
15 (2) a reasonable convenience fee that:
16 (A) may not exceed three dollars ($3); and
17 (B) must be uniform regardless of the bank card or credit
18 card used.
19 The fees described in subdivisions (1) and (2) may be collected
20 regardless of retail merchant agreements between the bank card
21 and credit card vendors that may prohibit such fees. These fees are
22 permitted additional charges under IC 24-4.5-3-202.
23 (f) The commission may pay any applicable bank card or credit
24 card service charge associated with the use of a bank card or credit
25 card under this section.
26 Sec. 21. (a) Except as provided in subsection (d), if publication
27 of notice of application for a permit is required under this article,
28 the publication shall be made in one (1) newspaper of general
29 circulation published in the county where the permit is to be in
30 effect.
31 (b) Publication required under subsection (a) may be made in
32 any newspaper of general circulation published one (1) or more
33 times each week.
34 (c) The rates to be paid for the advertising of a notice required
35 under this article shall be those required to be paid in case of other
36 notices published for or on behalf of the state.
37 (d) If:
38 (1) the commission is unable to procure advertising of a notice
39 as required under subsection (a) at the rates set forth in
40 IC 5-3-1; or
41 (2) the newspaper published in the county as described in
42 subsection (a) refuses to publish the notice;
2025	IN 1332—LS 6348/DI 106 26
1 the commission may, instead of publication in a newspaper as
2 required under subsection (a), post the notice on the commission's
3 website.
4 Sec. 22. Whenever the character of the business in which an
5 applicant is engaged is material to the applicant being issued a
6 permit under this article, or is material to the applicant being
7 qualified to continue to hold the permit, it must be made to appear
8 to the satisfaction of the commission that a substantial portion of
9 the business carried on, or to be carried on, in the premises in
10 respect to which a permit is applied for is in the nature of the
11 applicant's main business function in the premises.
12 Sec. 23. A person to whom a permit has been issued to carry on
13 any of the activities authorized by this article shall, before being
14 fully qualified to do business, post and display, and keep posted
15 and displayed, in the most conspicuous place in the person's
16 permitted premises the person's permit to do business.
17 Sec. 24. A permit issued under this article may not be
18 transferred from:
19 (1) the permit holder to another person; or
20 (2) the location for which the permit was approved or
21 renewed to another location;
22 unless otherwise authorized by this article or approved by the
23 commission.
24 Sec. 25. (a) As used in this section, "disqualifying event" means
25 an occurrence that would render the planned cannabis permittee
26 location illegal under this article.
27 (b) If a disqualifying event occurs while a permit application is
28 pending before the commission, the applicant may transfer the
29 permit location within six (6) months of the disqualifying event.
30 Sec. 26. If the information required for an initial or renewal
31 permit changes, the applicant or permit holder shall notify the
32 commission within ten (10) business days of the change. If any
33 change in the information required for an application results in a
34 violation of this article, the commission may impose a penalty as
35 provided in this article.
36 Sec. 27. (a) A person may simultaneously hold:
37 (1) a grower permit and a processor permit;
38 (2) a grower permit and a retailer permit; or
39 (3) a processor permit and a retailer permit.
40 However, a person may not simultaneously hold a grower permit,
41 a processor permit, and a retailer permit unless the person is an
42 integrated permittee.
2025	IN 1332—LS 6348/DI 106 27
1 (b) A person holding a transport permit may not hold any other
2 type of permit, and a person holding a safety compliance facility
3 permit may not hold any other type of permit.
4 (c) Except as otherwise provided in this section, an integrated
5 permittee is subject to all the requirements of the laws and
6 regulations governing each permit.
7 (d) The commission shall impose an annual fee of one million
8 dollars ($1,000,000) on an integrated permittee. This fee includes
9 the separate grower, retailer, and processor fees. If the prospective
10 permittee is a veteran or minority owned business under section 5
11 of this chapter, the commission may permit this fee to be paid in
12 installments.
13 (e) The commission may award an integrated permit only if the
14 prospective permittee demonstrates that the permittee has a
15 proven capital reserve of at least five million dollars ($5,000,000).
16 If the prospective permittee is a veteran or minority owned
17 business under section 5 of this chapter, the commission may
18 permit alternate capital reserve.
19 (f) An integrated permittee is entitled to:
20 (1) twenty-five (25) retailer permits; and
21 (2) ten (10) grower permits, consisting of:
22 (A) six (6) small grower permits under IC 7.1-8-12-7(a);
23 (B) three (3) medium grower permits under
24 IC 7.1-8-12-7(b); and
25 (C) one (1) large grower permit under IC 7.1-8-12-7(c).
26 However, an integrated permittee is not entitled to a permit if no
27 additional permits of that type are available.
28 (g) An integrated permittee to whom a permit has been issued
29 under this section may deposit that permit with the commission for
30 a period of:
31 (1) two (2) years, in the case of a grower or processor permit;
32 and
33 (2) three (3) years, in the case of a retailer permit;
34 if the permittee is unable to immediately operate the business to
35 which the permit applies.
36 (h) If a permittee is unable to use the permit issued under this
37 article within the period described in subsection (g), the permit is
38 forfeited to the commission, unless the commission finds that a
39 reasonable extension is necessary due to construction delays or fire,
40 flood, tornado, or other natural disasters or acts of God.
41 Chapter 12. Grower Permits
42 Sec. 1. The growth of cannabis is authorized in Indiana. The
2025	IN 1332—LS 6348/DI 106 28
1 growing and handling of cannabis is subject to regulation by the
2 commission. The commission shall adopt rules under IC 4-22-2 to
3 oversee the permitting, production, and management of:
4 (1) cannabis; and
5 (2) cannabis seed.
6 Sec. 2. (a) Except as expressly provided in this article, a
7 cannabis grower may not grow or sell cannabis in Indiana without
8 a permit issued by the commission under this article.
9 (b) Except as otherwise provided in this article, cannabis
10 produced by a grower permittee under this article may be grown
11 and sold in Indiana.
12 (c) A grower issued a permit under this chapter:
13 (1) must grow at least eighty percent (80%) of the cannabis
14 canopy in an indoor grow facility; and
15 (2) may grow not more than twenty percent (20%) of the
16 cannabis canopy outdoors, if the outdoor grow area:
17 (A) is adjacent to the indoor grow facility; and
18 (B) is not:
19 (i) accessible to a member of the general public; or
20 (ii) visible from any street adjacent to the property by a
21 normal person with 20/20 eyesight without the use of any
22 device to assist in improving viewing distance or vantage
23 point.
24 (d) Nothing in this chapter prohibits a grower permittee from:
25 (1) selling cannabis cultivated by the grower to another
26 grower permittee in Indiana;
27 (2) packaging, trimming, and placing cannabis cultivated by
28 the grower in containers for retail sale; or
29 (3) selling and delivering cannabis cultivated by the grower to
30 a person holding a retailer permit issued under this article.
31 However, a grower may not use a chemical process to extract or
32 transform cannabis.
33 (e) Nothing in this chapter prohibits a grower permittee from
34 exporting cannabis outside Indiana as permitted by federal law.
35 Sec. 3. (a) A grower to whom a permit has been issued under
36 this chapter may deposit that permit with the commission for a
37 period of two (2) years if the permittee is unable to immediately
38 operate the business to which the permit applies.
39 (b) If a permittee is unable to use the permit issued under this
40 chapter within two (2) years, the permit is forfeited to the
41 commission, unless the commission finds that a reasonable
42 extension is necessary due to construction delays or fire, flood,
2025	IN 1332—LS 6348/DI 106 29
1 tornado, or other natural disasters or acts of God.
2 Sec. 4. (a) As used in this section, "household" means a
3 residential dwelling that is the principal place of residence of a
4 person or a family unit whose members are related by birth,
5 marriage, or adoption and who share a common living
6 arrangement. It does not include any industrial, commercial, or
7 other nonresidential building.
8 (b) An individual may personally cultivate cannabis in Indiana
9 for personal use without a permit.
10 (c) A person may not personally cultivate more than four (4)
11 cannabis plants per household at one (1) time.
12 (d) All cannabis personally cultivated under this section must be
13 grown on real property owned by the person or on real property
14 for which the person has the property owner's written permission
15 to personally cultivate cannabis on the property.
16 (e) A person who personally cultivates cannabis may not use
17 extraction equipment or extraction processes if the equipment or
18 process uses butane, propane, carbon dioxide, or any potentially
19 hazardous material in a residential property.
20 Sec. 5. (a) For purposes of this section, "visible" means viewable
21 by a normal person with 20/20 eyesight without the use of any
22 device to assist in improving viewing distance or vantage point.
23 (b) All cannabis personally cultivated under this chapter must
24 be cultivated so that the cannabis is not accessible to a member of
25 the general public. No cannabis may be visible from any street
26 adjacent to the property.
27 (c) In consultation with the state police department, the
28 commission shall adopt rules under IC 4-22-2 governing the
29 security of a cannabis personal cultivation site.
30 (d) Cannabis plants personally cultivated in violation of this
31 section may be seized and destroyed.
32 Sec. 6. In addition to the other requirements of this article, an
33 initial or renewal application for a grower permit must include the
34 following:
35 (1) The global positioning system coordinates and legal
36 description of the property used for the cannabis grow
37 operation.
38 (2) The planned size of the cannabis canopy.
39 (3) A site plan of the proposed grow facility.
40 (4) A nonrefundable application fee.
41 Sec. 7. (a) For a permittee who grows less than five thousand
42 (5,000) square feet of cannabis canopy, the commission shall
2025	IN 1332—LS 6348/DI 106 30
1 impose an annual fee of thirty thousand dollars ($30,000).
2 (b) For a permittee who grows at least five thousand (5,000)
3 square feet of cannabis canopy and less than fifteen thousand
4 (15,000) square feet of cannabis canopy, the commission shall
5 impose an annual fee of one hundred thousand dollars ($100,000).
6 (c) For a permittee who grows at least fifteen thousand (15,000)
7 square feet of cannabis canopy, the commission shall impose an
8 annual fee of two hundred thousand dollars ($200,000).
9 (d) Not more than:
10 (1) twenty-five (25) grower permits may be issued under
11 subsection (a) at one (1) time;
12 (2) fifteen (15) grower permits may be issued under subsection
13 (b) at one (1) time; and
14 (3) four (4) grower permits may be issued under subsection (c)
15 at one (1) time.
16 (e) A permittee, or permittee who is directly or indirectly
17 controlled by another permittee, may not possess more than one (1)
18 grower permit at one (1) time.
19 (f) The fees set forth in this section are due to the commission
20 within thirty (30) days of the date the initial or renewal grower
21 permit is issued, and shall be deposited in the cannabis regulation
22 fund established by IC 7.1-8-2-12.
23 Sec. 8. (a) A grower shall uniquely identify each immature plant
24 batch with a single permanent plant tag and record the
25 information in the statewide monitoring system established under
26 IC 7.1-8-17. Each immature plant batch must consist of not more
27 than one hundred (100) immature plants.
28 (b) A grower shall separate the plants as the plants go through
29 different growth stages and ensure that the plant tag is always
30 identified with the plant throughout the growth span so that all
31 plants can be easily identified and inspected. A grower shall ensure
32 that the identification information is recorded in the statewide
33 monitoring system.
34 (c) After a tagged plant is harvested, it is part of a harvest batch
35 so that a sample of the harvest batch can be tested in accordance
36 with this article. A grower shall quarantine a harvest batch from
37 other plants or batches that have test results pending. A harvest
38 batch must be easily distinguishable from other harvest batches
39 until the harvest batch is broken down into packages.
40 (d) After test results show a passed test and the harvest batch is
41 packaged, the grower shall destroy the individual plant tags. Each
42 package must have a permanent package tag attached. A grower
2025	IN 1332—LS 6348/DI 106 31
1 shall ensure this information is placed in the statewide monitoring
2 system in accordance with this article and rules adopted by the
3 commission.
4 Sec. 9. (a) In addition to any other liability or penalty provided
5 by law, the commission may revoke or refuse to issue or renew a
6 grower permit and may impose a civil penalty for a violation of:
7 (1) a permit requirement;
8 (2) permit terms or conditions; or
9 (3) a rule relating to growing cannabis.
10 (b) The commission may not impose a civil penalty under this
11 section that exceeds two thousand five hundred dollars ($2,500).
12 (c) Any civil penalties collected under this section shall be
13 deposited in the cannabis regulation fund established by
14 IC 7.1-8-2-12.
15 Sec. 10. (a) Except as provided in subsection (b), the commission
16 shall give a person who negligently violates this chapter a
17 reasonable time, determined by the commission, to correct the
18 violation without imposing a penalty under this chapter. However,
19 the commission may require the person who committed the
20 violation to comply with a corrective action plan determined by the
21 commission and report to the commission on compliance with the
22 corrective action plan.
23 (b) A person who commits a negligent violation of this chapter
24 three (3) times in a five (5) year period shall immediately be
25 ineligible to hold or work under a grower permit for five (5) years.
26 (c) If the commission believes that a person has knowingly or
27 intentionally violated this chapter, the commission shall notify:
28 (1) the superintendent of the state police department; and
29 (2) the prosecuting attorney of the county in which the
30 violation occurred;
31 of the violation.
32 (d) A person who commits a negligent violation under this
33 chapter is subject to a late fee as established by rules adopted by
34 the commission.
35 Sec. 11. The commission shall adopt rules under IC 4-22-2 to
36 implement and administer this chapter.
37 Sec. 12. (a) The commission may keep the:
38 (1) names of growers who are permitted under this chapter;
39 and
40 (2) locations of permitted cannabis crops;
41 confidential for purposes of IC 5-14-3.
42 (b) The commission may share confidential information under
2025	IN 1332—LS 6348/DI 106 32
1 subsection (a) with the state police department and law
2 enforcement officers (as defined in IC 35-31.5-2-185).
3 Sec. 13. A person not permitted under this chapter who
4 knowingly or intentionally:
5 (1) grows or sells cannabis; or
6 (2) sells cannabis seed;
7 commits a Level 6 felony.
8 Chapter 13. Processor Permits
9 Sec. 1. The commission may issue a cannabis processor permit
10 to a person who desires to process cannabis or cannabis products.
11 Sec. 2. The holder of a processor permit may do the following:
12 (1) Process cannabis or cannabis products.
13 (2) Place cannabis or cannabis products in containers for
14 retail sale.
15 (3) Sell and deliver cannabis or cannabis products to a person
16 holding a retailer permit issued under this article.
17 Sec. 3. (a) A processor to whom a permit has been issued under
18 this chapter may deposit that permit with the commission for a
19 period of up to two (2) years if the permittee is unable to
20 immediately operate the business to which the permit applies.
21 (b) If a permittee is unable to use the permit issued under this
22 chapter within two (2) years, the permit is forfeited to the
23 commission, unless the commission finds that a reasonable
24 extension is necessary due to construction delays or fire, flood,
25 tornado, or other natural disasters or acts of God.
26 Sec. 4. Cannabis and cannabis products must be transported
27 and distributed to and from a processor in packaging that contains
28 the following information:
29 (1) A scannable bar code or QR code linked to a document
30 that contains the:
31 (A) batch identification number of the cannabis or
32 cannabis products;
33 (B) product name;
34 (C) batch date;
35 (D) expiration date, which must be not more than two (2)
36 years from the date of manufacture;
37 (E) batch size;
38 (F) total quantity produced;
39 (G) ingredients used, including the:
40 (i) ingredient name;
41 (ii) name of the company that manufactured the
42 ingredient;
2025	IN 1332—LS 6348/DI 106 33
1 (iii) company or product identification number or code,
2 if applicable; and
3 (iv) ingredient lot number; and
4 (H) results of the quality assurance test conducted under
5 IC 7.1-8-18.
6 (2) The batch number.
7 (3) The Internet address of a website to obtain batch
8 information.
9 (4) The expiration date.
10 (5) The total number of milligrams of
11 delta-9-tetrahydrocannabinol (THC), including precursors.
12 (6) The grower.
13 Sec. 5. The commission shall impose an annual fee of thirty
14 thousand dollars ($30,000) on a processor permittee.
15 Chapter 14. Transport Permits
16 Sec. 1. The commission may issue a cannabis transport permit
17 to a person who is a carrier upon a showing of the reliability and
18 responsibility of the carrier and the appropriateness of issuing the
19 permit.
20 Sec. 2. The transportation of cannabis and cannabis products
21 for sale in Indiana is subject to the rules of the commission.
22 Cannabis and cannabis products may be transported and delivered
23 only in containers that are lawful under this article and permissible
24 under the rules of the commission.
25 Sec. 3. A transport permit is required for the transportation of
26 cannabis and cannabis products on a public highway in Indiana.
27 Sec. 4. (a) A carrier must hold a transport permit before the
28 carrier may transport cannabis or cannabis products on a public
29 highway.
30 (b) A person that is a direct or beneficial owner of a grower,
31 processor, retailer, or safety compliance facility permit issued
32 under this article may not hold a transport permit.
33 Sec. 5. (a) A carrier to whom a permit has been issued under
34 this chapter may deposit that permit with the commission for a
35 period of one (1) year if the permittee is unable to immediately
36 operate the business to which the permit applies.
37 (b) If a permittee is unable to use the permit issued under this
38 chapter within one (1) year, the permit is forfeited to the
39 commission, unless the commission finds that a reasonable
40 extension is necessary due to construction delays or fire, flood,
41 tornado, or other natural disasters or acts of God.
42 Sec. 6. (a) A carrier may not transport cannabis or cannabis
2025	IN 1332—LS 6348/DI 106 34
1 products on a vehicle owned or operated by the carrier unless the
2 carrier has filed a description of the vehicle with the commission.
3 (b) The description of a vehicle used to transport cannabis or
4 cannabis products must include:
5 (1) the engine number;
6 (2) the date of manufacture;
7 (3) the approximate weight;
8 (4) the vehicle identification number;
9 (5) the license plate number;
10 (6) the capacity; and
11 (7) any other information that the commission may require.
12 (c) The permittee may alter or add to the number of vehicles
13 included under the permit at any time.
14 Sec. 7. (a) A carrier must transmit a copy of its route plan and
15 manifest to the safety compliance facility as required by
16 IC 7.1-8-18, and a copy of each must be carried in the transporting
17 vehicle and presented to a law enforcement officer or commission
18 enforcement officer upon request.
19 (b) The commission may inspect shipments of cannabis or
20 cannabis products in transit and the vehicle used in the
21 transportation.
22 Sec. 8. The commission shall impose an annual fee of five
23 thousand dollars ($5,000) on a transport permittee.
24 Sec. 9. A transport permittee who knowingly or intentionally
25 transports cannabis or cannabis products in a vehicle for which the
26 permittee has not filed a description under this chapter commits a
27 Class A misdemeanor.
28 Chapter 15. Retailer Permits
29 Sec. 1. The commission may issue a cannabis retailer permit to
30 a person who desires to sell cannabis or cannabis products to
31 customers for consumption.
32 Sec. 2. (a) The commission may grant only one (1) retailer
33 permit per twenty-five thousand (25,000) persons statewide.
34 (b) Only two hundred sixty-nine (269) active retailer permits
35 may be issued at any one (1) time.
36 (c) A county may not have more retailer permits than its census
37 population divided by twenty-five thousand (25,000).
38 (d) No single retailer permittee may own more than twenty-five
39 percent (25%) of available permits.
40 Sec. 3. (a) The holder of a retailer permit may purchase
41 cannabis or cannabis products only from a permittee permitted
42 under this article. A retailer may possess cannabis or cannabis
2025	IN 1332—LS 6348/DI 106 35
1 products and sell it at retail for consumption to a customer who is
2 at least twenty-one (21) years of age.
3 (b) A retailer may sell cannabis or cannabis products at
4 wholesale.
5 (c) A retailer may sell and deliver cannabis or cannabis
6 products for carry out and for at home delivery without a
7 transport permit.
8 Sec. 4. (a) A retailer to which a permit has been issued under
9 this chapter may deposit the permit with the commission for a
10 period of one (1) year if the permittee is unable to immediately
11 operate the business to which the permit applies.
12 (b) If a permittee is unable to use the permit issued under this
13 chapter within one (1) year, the permit is forfeited to the
14 commission, unless the commission finds that a reasonable
15 extension is necessary due to construction delays or fire, flood,
16 tornado, or other natural disasters or acts of God.
17 Sec. 5. (a) A retailer may not:
18 (1) operate within one thousand (1,000) feet of an elementary
19 or secondary school;
20 (2) allow a customer to sample or consume cannabis or a
21 cannabis product on the premises;
22 (3) permit a customer to purchase more than four (4) ounces
23 of cannabis or twenty-five (25) grams of cannabis concentrate
24 per day; or
25 (4) sell cannabis or a cannabis product in a unitary
26 transaction (as defined in IC 6-2.5-1-1) or bundled transaction
27 (as defined in IC 6-2.5-1-11.5).
28 (b) A person who knowingly or intentionally violates this section
29 commits a Level 6 felony.
30 Sec. 6. The commission shall impose an annual fee of one
31 thousand dollars ($1,000) on a retailer permittee.
32 Sec. 7. (a) All sales of cannabis and cannabis products must be
33 accompanied by an invoice showing the following:
34 (1) The name and address of the seller and the purchaser.
35 (2) The date of sale.
36 (3) The name of each brand sold.
37 (4) The number of packages, if any.
38 (5) The number of cases by size and type of container.
39 (6) The quantity of each kind of cannabis or cannabis product
40 sold.
41 (b) The permittee must transmit an invoice to the commission
42 in accordance with rules adopted by the commission.
2025	IN 1332—LS 6348/DI 106 36
1 Sec. 8. Except as provided in IC 7.1-8-16, a unit may not
2 regulate cannabis or cannabis products.
3 Chapter 16. Referendum to Prohibit Retail Sale of Cannabis
4 Sec. 1. (a) Before July 1, 2026, the legislative body of a county
5 may adopt a resolution to place a public question on the ballot to
6 prohibit cannabis retail licensure within the county. The legislative
7 body shall determine whether to place the public question on the
8 primary election ballot, on the general election ballot, or on a
9 special election ballot.
10 (b) As soon as practicable after adopting the resolution under
11 subsection (a), the legislative body shall send a certified copy of the
12 resolution to the commission and the county circuit court clerk.
13 Sec. 2. A prohibition against cannabis retail licensure under this
14 chapter prevails if a majority of the individuals who vote on the
15 public question approves the prohibition.
16 Sec. 3. The public question to be submitted to the voters must
17 read as follows:
18 "Shall the county prohibit cannabis retail licensure for five (5)
19 years immediately following the holding of the referendum?
20 If this public question is approved by the voters, cannabis
21 retailers will be prohibited from licensing premises in the
22 county for five (5) years.".
23 Sec. 4. Each circuit court clerk shall, upon receiving the
24 question approved by the legislative body of a county under this
25 chapter, call a meeting of the county election board to certify the
26 question and make arrangements for the referendum.
27 Sec. 5. (a) The referendum shall be held in the next primary
28 election or general election in which all the registered voters who
29 are residents of the county are entitled to vote after adoption of the
30 resolution under section 1 of this chapter. The certification of the
31 question must occur not later than noon:
32 (1) seventy-four (74) days before a primary election if the
33 question is to be placed on the primary election ballot; or
34 (2) August 1 if the question is to be placed on the general
35 election ballot.
36 (b) However, if a primary election or general election will not be
37 held during the first year in which the public question is eligible to
38 be placed on the ballot under this chapter, and if the legislative
39 body of the county requests the public question to be placed on the
40 ballot at a special election, the public question shall be placed on
41 the ballot at a special election to be held on the first Tuesday after
42 the first Monday in May or November of the year. The certification
2025	IN 1332—LS 6348/DI 106 37
1 must occur not later than noon:
2 (1) sixty (60) days before a special election to be held in May
3 (if the special election is to be held in May); or
4 (2) August 1 (if the special election is to be held in November).
5 (c) If the referendum is not conducted at a primary election or
6 general election, the county in which the special election is to be
7 held shall pay all the costs of holding the special election.
8 Sec. 6. Each county election board shall cause:
9 (1) the question certified to the circuit court clerk by the
10 legislative body of a county to be placed on the ballot in the
11 form prescribed by IC 3-10-9; and
12 (2) an adequate supply of ballots and voting equipment to be
13 delivered to the precinct election board of each precinct in
14 which the referendum is to be held.
15 Sec. 7. (a) Except as provided in subsection (b), every registered
16 voter who resides in the county may vote on the public question.
17 (b) An individual who changes residence from a location within
18 the county to a location outside of the county less than thirty (30)
19 days before an election under this chapter may not vote on the
20 public question.
21 Sec. 8. Each precinct election board shall count the affirmative
22 votes and the negative votes cast concerning the public question,
23 and shall certify those two (2) totals to the county election board of
24 the county. The circuit court clerk shall, immediately after the
25 votes have been counted, certify the results of the public question
26 to the commission and the county legislative body.
27 Sec. 9. (a) Except as otherwise provided in this section, during
28 the period beginning with the adoption of a resolution by the
29 legislative body of a county to place a public question on the ballot
30 and continuing through the day on which the public question is
31 submitted to the voters, the county legislative body may not
32 promote a position on the referendum by doing any of the
33 following:
34 (1) Using facilities or equipment, including mail and
35 messaging systems, owned by the county to promote a position
36 on the public question, unless equal access to the facilities or
37 equipment is given to persons with a position opposite to that
38 of the county legislative body.
39 (2) Making an expenditure of money from a fund controlled
40 by the county to promote a position on the public question.
41 (3) Using an employee to promote a position on the public
42 question during the employee's normal working hours or paid
2025	IN 1332—LS 6348/DI 106 38
1 overtime, or otherwise compelling an employee to promote a
2 position on the public question at any time. However, if a
3 person described in subsection (c) is advocating for or against
4 a position on the public question or discussing the public
5 question as authorized under subsection (c), an employee of
6 the county may assist the person in presenting information on
7 the public question, if requested to do so by the person
8 described in subsection (c).
9 However, this section does not prohibit an official or employee of
10 the county from carrying out duties with respect to a public
11 question that are part of the normal and regular conduct of the
12 official's or employee's office or agency, including the furnishing
13 of factual information regarding the public question in response to
14 inquiries from any person.
15 (b) This subsection does not apply to:
16 (1) a personal expenditure to promote a position on a public
17 question by an employee of a county whose employment is
18 governed by a collective bargaining contract or an
19 employment contract; or
20 (2) an expenditure to promote a position on a public question
21 by a person or an organization that has a contract or an
22 arrangement (whether formal or informal) with the county
23 solely for the use of the county's facilities.
24 A person or an organization that has a contract or arrangement
25 (whether formal or informal) with a county to provide goods or
26 services to the county may not spend any money to promote a
27 position on the public question. A violation of this subsection is a
28 Class A infraction.
29 (c) Notwithstanding any other law, an elected or appointed
30 member of the county legislative body may at any time:
31 (1) personally advocate for or against a position on a public
32 question; or
33 (2) discuss the public question with any individual, group, or
34 organization or personally advocate for or against a position
35 on a public question before any individual, group, or
36 organization;
37 so long as it is not done by using public funds. Advocacy or
38 discussion allowed under this subsection is not considered a use of
39 public funds.
40 Chapter 17. Statewide Monitoring System
41 Sec. 1. The commission shall establish a statewide monitoring
42 system for use as an integrated cannabis tracking, inventory, and
2025	IN 1332—LS 6348/DI 106 39
1 verification system. The statewide monitoring system must allow
2 for interface with third party inventory control and tracking
3 systems to provide for access by the state, permittees, and law
4 enforcement personnel, to the extent that they need and are
5 authorized to receive or submit the information, to comply with,
6 enforce, or administer this article.
7 Sec. 2. At a minimum, the statewide monitoring system must be
8 capable of storing and providing access to information that, in
9 conjunction with one (1) or more third party inventory control and
10 tracking systems, allows the following:
11 (1) Retention of a record of the date, time, quantity, and price
12 of each sale or transfer of cannabis or cannabis products.
13 (2) Determination of whether a particular sale or transfer
14 transaction will exceed the permissible limit established under
15 this article.
16 (3) Effective monitoring of cannabis seed to sale transfers.
17 (4) Receipt and integration of information from third party
18 inventory control and tracking systems.
19 Sec. 3. The commission shall seek bids under IC 5-22 to
20 establish, operate, and maintain the statewide monitoring system
21 under this chapter. The commission shall do the following:
22 (1) Evaluate bidders based on the cost of the service and the
23 ability to meet all requirements of this article.
24 (2) Give strong consideration to the bidder's ability to prevent
25 fraud, abuse, and other unlawful or prohibited activities
26 associated with the commercial trade in cannabis and
27 cannabis products, and the ability to provide additional tools
28 for the administration and enforcement of this article.
29 (3) Institute procedures to ensure that the contract awardee
30 does not disclose or use the information in the statewide
31 monitoring system for any use or purpose except for the
32 enforcement, oversight, and implementation of this article.
33 (4) Require the contract awardee to deliver the functioning
34 system within one hundred twenty (120) days after award of
35 the contract.
36 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
37 implement this chapter.
38 Chapter 18. Safety Compliance Facility Permit
39 Sec. 1. The commission may issue a cannabis safety compliance
40 facility permit to a person who desires to test cannabis and
41 cannabis products for transfer, sale, and consumption in Indiana.
42 Sec. 2. A person who has a direct or indirect ownership interest
2025	IN 1332—LS 6348/DI 106 40
1 in a grower, processor, transport, or retailer permit may not have
2 a direct or indirect ownership interest in a safety compliance
3 facility or a safety compliance facility permit.
4 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
5 establish a proficiency testing program and designate safety
6 compliance facility participation that, at a minimum, comply with
7 reasonable and customary industry standards.
8 Sec. 4. (a) A safety compliance facility to which a permit has
9 been issued under this chapter may deposit that permit with the
10 commission for a period of one (1) year if the permittee is unable
11 to immediately operate the facility.
12 (b) If a permittee is unable to use the permit issued under this
13 chapter within one (1) year, the permit is forfeited to the
14 commission.
15 Sec. 5. (a) A safety compliance facility must test samples as
16 provided in this chapter and pursuant to rules adopted by the
17 commission.
18 (b) A safety compliance facility shall collect samples of cannabis
19 and cannabis products from another cannabis permittee. Every
20 cannabis permittee shall permit and assist the safety compliance
21 facility in the collection of samples for testing.
22 (c) The safety compliance facility shall take a physical sample of
23 the cannabis or cannabis product from another cannabis permittee
24 to be tested at the safety compliance facility.
25 (d) The safety compliance facility must develop a statistically
26 valid sampling method to collect a representative sample from each
27 batch of cannabis or cannabis product.
28 Sec. 6. (a) A safety compliance facility must comply with all the
29 following:
30 (1) The safety compliance facility shall ensure that samples of
31 the cannabis or cannabis product are identified in the
32 statewide monitoring system and placed in secured, sealed
33 containers that bear the labeling required under the rules of
34 the commission.
35 (2) A carrier's route plan and manifest that have been
36 transmitted to the facility must be entered into the statewide
37 monitoring system.
38 (3) The cannabis or cannabis product must be transported in
39 one (1) or more sealed containers and not be accessible while
40 in transit.
41 (4) The vehicle a safety compliance facility uses to transport
42 samples of cannabis or cannabis products may not bear
2025	IN 1332—LS 6348/DI 106 41
1 markings or other indication that it is carrying cannabis or a
2 cannabis product.
3 (b) Except as otherwise required by the commission, the safety
4 compliance facility shall collect a sample size that is:
5 (1) sufficient to complete all required analyses; and
6 (2) not less than one-half percent (0.5%) of the weight of the
7 harvest batch.
8 (c) At least fifty percent (50%) of the sample taken must be
9 homogenized for testing.
10 (d) The safety compliance facility shall report all testing results
11 to the commission on a quarterly basis, including the rate of
12 failure.
13 Sec. 7. A safety compliance facility must do all of the following:
14 (1) Become fully accredited to the International Organization
15 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
16 ILAC recognized accreditation body or by an entity approved
17 by the commission within one (1) year after the date the
18 permit is issued, and agree to have the inspections and reports
19 of the ISO made available to the commission.
20 (2) Maintain internal standard operating procedures.
21 (3) Maintain a quality control and quality assurance program.
22 Sec. 8. The commission may publish sample sizes for other
23 cannabis or cannabis products being tested.
24 Sec. 9. A cannabis permittee must allow the safety compliance
25 facility to have access to its entire batch for the purposes of
26 sampling.
27 Sec. 10. (a) An employee of the cannabis permittee from which
28 the cannabis or cannabis product test samples are being taken shall
29 be physically present to observe the safety compliance facility
30 employee collect the samples of cannabis or cannabis product for
31 testing. The employee shall ensure that the correct sample
32 increments are taken from throughout the batch.
33 (b) An employee of a cannabis permittee may not:
34 (1) be directly involved in the testing performed by the safety
35 compliance facility employee; or
36 (2) touch the cannabis or cannabis product or the sampling
37 equipment while the safety compliance facility employee is
38 obtaining the sample.
39 Sec. 11. (a) After samples have been selected, both the employee
40 of the cannabis permittee and the employee of the safety
41 compliance facility shall sign and date a chain of custody form,
42 attesting to the accuracy of the following sample information:
2025	IN 1332—LS 6348/DI 106 42
1 (1) The name of the cannabis or cannabis product.
2 (2) The weight of the cannabis or cannabis product.
3 (3) That all cannabis and cannabis products and samples are
4 correctly identified in the statewide monitoring system.
5 (4) If the cannabis or cannabis product test sample is obtained
6 for a retest, the safety compliance facility confirms that it is
7 not accepting a cannabis or cannabis product test sample that
8 is prohibited from being retested.
9 (b) The cannabis permittee shall enter in the statewide
10 monitoring system the cannabis or cannabis product test sample
11 that is collected by a permitted safety compliance facility, including
12 the date and time the cannabis or cannabis product is collected and
13 transferred. The safety compliance facility shall enter into the
14 statewide monitoring system the test results within three (3)
15 business days of test completion.
16 (c) If a testing sample is collected from a cannabis permittee for
17 testing in the statewide monitoring system, that cannabis permittee
18 shall quarantine the cannabis or cannabis product that is
19 undergoing the testing from any other cannabis or cannabis
20 products at the cannabis permittee location. The quarantined
21 cannabis or cannabis product must not be packaged, transferred,
22 or sold until passing test results are entered into the statewide
23 monitoring system.
24 (d) A safety compliance facility may collect additional sample
25 material from the same permittee from which the original sample
26 was collected for the purposes of completing the required safety
27 tests as long as the requirements of this chapter are met.
28 (e) The commission may publish guidance that must be followed
29 by cannabis permittees for chain of custody documentation.
30 Sec. 12. A safety compliance facility shall use analytical testing
31 methodologies for the required quality assurance tests under this
32 chapter that are validated. The tests may be monitored on an
33 ongoing basis by the commission. The facility's methodology must
34 follow one (1) of the following:
35 (1) The most current version of the Cannabis Inflorescence:
36 Standards of Identity, Analysis, and Quality Control
37 monograph published by the American Herbal
38 Pharmacopoeia.
39 (2) An alternative testing methodology approved by the
40 commission and validated by an independent third party that
41 the methodology followed by the safety compliance facility
42 produces scientifically accurate results as quality assurance
2025	IN 1332—LS 6348/DI 106 43
1 for each test it conducts.
2 Sec. 13. A safety compliance facility shall conduct quality
3 assurance tests that test for all of the following:
4 (1) Moisture content.
5 (2) Potency analysis.
6 (3) Tetrahydrocannabinol level.
7 (4) Tetrahydrocannabinol acid level.
8 (5) Cannabidiol and cannabidiol acid levels.
9 (6) Foreign matter inspection.
10 (7) Microbial and mycotoxin screening.
11 (8) Pesticides.
12 (9) Chemical residue.
13 (10) Fungicides.
14 (11) Insecticides.
15 (12) Metals screening.
16 (13) Residual solvents levels.
17 (14) Terpene analysis.
18 (15) Water activity content.
19 Sec. 14. The commission, in consultation with the state seed
20 commissioner and the Indiana state department of agriculture,
21 shall publish a list of approved pesticides for use in the growing
22 and production of cannabis and cannabis products to be sold or
23 transferred in Indiana.
24 Sec. 15. The commission shall take immediate disciplinary
25 action against any safety compliance facility that fails to comply
26 with the provisions of this article or falsifies records related to this
27 article, including any sanctions or fines, or both.
28 Sec. 16. A safety compliance facility is prohibited from doing
29 any of the following:
30 (1) Desiccating samples.
31 (2) Dry labeling samples.
32 (3) Pretesting samples.
33 Sec. 17. A safety compliance facility shall comply with random
34 quality assurance compliance checks upon the request of the
35 commission. The commission or its authorized agents may collect
36 a random sample of cannabis or cannabis product from a safety
37 compliance facility or designate another safety compliance facility
38 to collect a random sample of cannabis or cannabis product in a
39 secure manner to test that sample for quality assurance compliance
40 pursuant to this rule.
41 Sec. 18. (a) A safety compliance facility may retest cannabis or
42 cannabis products that have failed initial safety testing, except as
2025	IN 1332—LS 6348/DI 106 44
1 indicated under subsection (c).
2 (b) A failed cannabis product must pass two (2) separate retests
3 with new samples consecutively to be eligible to proceed to sale or
4 transfer.
5 (c) The commission may publish a remediation protocol that
6 addresses, among other things, the sale or transfer of cannabis or
7 cannabis products after a failed safety test.
8 (d) The cannabis permittee that provided the sample is
9 responsible for all costs involved in a retest.
10 Sec. 19. (a) As used in this section, "research and development
11 testing" means optional testing performed before final compliance
12 testing.
13 (b) The commission may not take punitive action against a
14 cannabis permittee for conducting research and development
15 testing.
16 (c) The commission may adopt rules or publish guidance for
17 research and development testing.
18 (d) A permittee conducting research and development testing
19 must enter the testing and any other information required by the
20 commission into the statewide monitoring system.
21 Chapter 19. Violations
22 Sec. 1. If a permit holder violates this article, the permit holder
23 may be publicly reprimanded, assessed a civil penalty, or have the
24 permit revoked or suspended.
25 Sec. 2. (a) The commission may assess a civil penalty for a
26 violation of this article in an amount that does not exceed fifty
27 thousand dollars ($50,000). A civil penalty may be assessed in
28 addition to other penalties allowed under this article.
29 (b) A civil penalty assessed under this section shall be deposited
30 in the cannabis regulation fund established by IC 7.1-8-2-12.
31 Sec. 3. A person who recklessly, knowingly, or intentionally
32 provides cannabis or cannabis products to a person less than
33 twenty-one (21) years of age commits a Class B misdemeanor.
34 However, the offense is:
35 (1) a Class A misdemeanor if the person has a prior unrelated
36 conviction under this section; and
37 (2) a Level 6 felony if the use of the cannabis or cannabis
38 products is the proximate cause of the serious bodily injury or
39 death of any person.
40 Sec. 4. (a) A person who knowingly or intentionally:
41 (1) rents property; or
42 (2) provides or arranges for the use of property;
2025	IN 1332—LS 6348/DI 106 45
1 for the purpose of allowing or enabling a person less than
2 twenty-one (21) years of age to use cannabis or cannabis products
3 on the property commits a Class C infraction. However, the
4 violation is a Class B misdemeanor if the person has a prior
5 unrelated adjudication or conviction for a violation of this section
6 within the previous five (5) years.
7 (b) This section may not be construed to impose civil or criminal
8 liability upon any postsecondary educational institution, including
9 public and private universities and colleges, business schools,
10 vocational schools, and schools for continuing education, or its
11 agents for injury to any person or property sustained in
12 consequence of a violation of this section unless the institution or
13 its agent:
14 (1) sells, barters, exchanges, provides, or furnishes cannabis
15 or cannabis products to a person less than twenty-one (21)
16 years of age; or
17 (2) either:
18 (A) rents property; or
19 (B) provides or arranges for the use of property;
20 for the purpose of allowing or enabling a person less than
21 twenty-one (21) years of age to consume cannabis or cannabis
22 products on the property.
23 Sec. 5. (a) It is a Class C infraction for a person less than
24 twenty-one (21) years of age to enter the premises of a retailer or
25 other location where cannabis or cannabis products are provided.
26 (b) It is a Class C infraction for a parent, guardian, trustee, or
27 other person having custody of a child less than eighteen (18) years
28 of age to take that child into a retailer or other location where
29 cannabis or cannabis products are provided.
30 (c) It is a Class C infraction for a permittee to permit the parent,
31 guardian, trustee, or other person having custody of a child less
32 than eighteen (18) years of age to be with the child in a retailer or
33 other location where cannabis or cannabis products are provided.
34 Sec. 6. A person who knowingly or intentionally employs a
35 person less than twenty-one (21) years of age:
36 (1) where cannabis or cannabis products are provided; and
37 (2) in a capacity which requires or allows the person less than
38 twenty-one (21) years of age to provide or otherwise deal in
39 cannabis or cannabis products;
40 commits a Class B misdemeanor.
41 Sec. 7. A person who is at least twenty-one (21) years of age who
42 knowingly or intentionally aids, induces, or causes a person less
2025	IN 1332—LS 6348/DI 106 46
1 than twenty-one (21) years of age to unlawfully possess cannabis or
2 cannabis products commits a Class C infraction.
3 Sec. 8. (a) Notwithstanding any other law, an enforcement
4 officer with police powers may engage a person who is:
5 (1) at least eighteen (18) years of age; and
6 (2) less than twenty-one (21) years of age;
7 to receive or purchase cannabis or cannabis products as part of an
8 enforcement action under this article.
9 (b) The initial or contemporaneous receipt or purchase of
10 cannabis or cannabis products under this section by a person
11 described in subsection (a) must:
12 (1) occur under the direction of an enforcement officer vested
13 with full police powers and duties; and
14 (2) be a part of the enforcement action.
15 Chapter 20. Professional Services
16 Sec. 1. A person licensed under IC 25 does not commit a crime
17 or an infraction under Indiana law solely for providing
18 professional services to persons permitted to engage in an activity
19 authorized by this article.
20 Chapter 21. Employment
21 Sec. 1. Nothing in this article prohibits an employer from
22 mandating drug screening for employees or from taking an adverse
23 employment action against an employee who tests positive for
24 cannabis use.
25 Chapter 22. Appropriation
26 Sec. 1. There is appropriated to the commission from the state
27 general fund, from money not otherwise appropriated, a sum
28 sufficient to defray the expenses incurred by the commission in the
29 implementation and administration of this article.
30 SECTION 4. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 1. (a) A person who operates a vehicle with an
33 alcohol concentration equivalent to at least eight-hundredths (0.08)
34 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
35 per:
36 (1) one hundred (100) milliliters of the person's blood; or
37 (2) two hundred ten (210) liters of the person's breath;
38 commits a Class C misdemeanor.
39 (b) A person who operates a vehicle with an alcohol concentration
40 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
41 (1) one hundred (100) milliliters of the person's blood; or
42 (2) two hundred ten (210) liters of the person's breath;
2025	IN 1332—LS 6348/DI 106 47
1 commits a Class A misdemeanor.
2 (c) A person who operates a vehicle with a controlled substance
3 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
4 blood commits a Class C misdemeanor.
5 (d) It is a defense to subsection (c) that:
6 (1) the accused person consumed the controlled substance in
7 accordance with a valid prescription or order of a practitioner (as
8 defined in IC 35-48-1) who acted in the course of the
9 practitioner's professional practice; or
10 (2) the:
11 (A) controlled substance is marijuana or a metabolite of
12 marijuana; and
13 (B) person was not intoxicated.
14 (C) person did not cause a traffic accident; and
15 (D) substance was identified by means of a chemical test taken
16 pursuant to IC 9-30-7.
17 SECTION 5. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
18 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 4. (a) A person who causes serious bodily injury
20 to another person when operating a vehicle:
21 (1) with an alcohol concentration equivalent to at least
22 eight-hundredths (0.08) gram of alcohol per:
23 (A) one hundred (100) milliliters of the person's blood; or
24 (B) two hundred ten (210) liters of the person's breath;
25 (2) with a controlled substance listed in schedule I or II of
26 IC 35-48-2 or its metabolite in the person's blood; or
27 (3) while intoxicated;
28 commits a Level 5 felony. However, the offense is a Level 4 felony if
29 the person has a previous conviction of operating while intoxicated
30 within the five (5) years preceding the commission of the offense.
31 (b) A person who violates subsection (a) commits a separate offense
32 for each person whose serious bodily injury is caused by the violation
33 of subsection (a).
34 (c) It is a defense under subsection (a)(2) that:
35 (1) the accused person consumed the controlled substance in
36 accordance with a valid prescription or order of a practitioner (as
37 defined in IC 35-48-1) who acted in the course of the
38 practitioner's professional practice; or
39 (2) the:
40 (A) controlled substance is marijuana or a metabolite of
41 marijuana; and
42 (B) person was not intoxicated.
2025	IN 1332—LS 6348/DI 106 48
1 SECTION 6. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 5. (a) A person who causes the death or
4 catastrophic injury of another person when operating a vehicle:
5 (1) with an alcohol concentration equivalent to at least
6 eight-hundredths (0.08) gram of alcohol per:
7 (A) one hundred (100) milliliters of the person's blood; or
8 (B) two hundred ten (210) liters of the person's breath;
9 (2) with a controlled substance listed in schedule I or II of
10 IC 35-48-2 or its metabolite in the person's blood; or
11 (3) while intoxicated;
12 commits a Level 4 felony.
13 (b) A person who causes the death of a law enforcement animal (as
14 defined in IC 35-46-3-4.5) when operating a vehicle:
15 (1) with an alcohol concentration equivalent to at least
16 eight-hundredths (0.08) gram of alcohol per:
17 (A) one hundred (100) milliliters of the person's blood; or
18 (B) two hundred ten (210) liters of the person's breath; or
19 (2) with a controlled substance listed in schedule I or II of
20 IC 35-48-2 or its metabolite in the person's blood;
21 commits a Level 6 felony.
22 (c) A person who commits an offense under subsection (a) or (b)
23 commits a separate offense for each person or law enforcement animal
24 whose death (or catastrophic injury, in the case of a person) is caused
25 by the violation of subsection (a) or (b).
26 (d) It is a defense under subsection (a) or (b) that:
27 (1) the person accused of causing the death or catastrophic injury
28 of another person or the death of a law enforcement animal when
29 operating a vehicle with a controlled substance listed in schedule
30 I or II of IC 35-48-2 or its metabolite in the person's blood
31 consumed the controlled substance in accordance with a valid
32 prescription or order of a practitioner (as defined in IC 35-48-1)
33 who acted in the course of the practitioner's professional practice;
34 or
35 (2) the:
36 (A) controlled substance is marijuana or a metabolite of
37 marijuana; and
38 (B) person was not intoxicated.
39 SECTION 7. IC 10-10.5-1-3, AS AMENDED BY P.L.122-2023,
40 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 3. "Law enforcement officer" means any of the
42 following:
2025	IN 1332—LS 6348/DI 106 49
1 (1) A state police officer, enforcement officer of the alcohol and
2 tobacco commission, enforcement officer of the cannabis
3 commission, or conservation officer.
4 (2) A county, city, town, or tribal police officer.
5 (3) A police officer appointed by a state educational institution
6 under IC 21-39-4 or school corporation under IC 20-26-16.
7 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
8 under IC 4-33-20.
9 (5) A hospital police officer employed by a hospital police
10 department established under IC 16-18-4.
11 SECTION 8. IC 10-13-8-5, AS AMENDED BY P.L.122-2023,
12 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 5. As used in this chapter, "law enforcement
14 officer" means any of the following:
15 (1) A state police officer.
16 (2) A county sheriff.
17 (3) A county police officer.
18 (4) A correctional officer.
19 (5) An excise police officer, including an enforcement officer
20 of the cannabis commission.
21 (6) A county police reserve officer.
22 (7) A city police officer.
23 (8) A city police reserve officer.
24 (9) A conservation enforcement officer.
25 (10) A town marshal.
26 (11) A deputy town marshal.
27 (12) A probation officer.
28 (13) A state educational institution police officer appointed under
29 IC 21-39-4.
30 (14) A gaming agent of the Indiana gaming commission.
31 (15) A person employed by a political subdivision (as defined in
32 IC 36-1-2-13) and appointed as a special deputy under
33 IC 36-8-10-10.6.
34 (16) A school corporation police officer appointed under
35 IC 20-26-16.
36 (17) A police officer of a public or private postsecondary
37 educational institution whose board of trustees has established a
38 police department under IC 21-17-5-2 or IC 21-39-4-2.
39 (18) A tribal police officer.
40 (19) A hospital police officer employed by a hospital police
41 department established under IC 16-18-4.
42 (20) A conservancy district marshal.
2025	IN 1332—LS 6348/DI 106 50
1 (21) A deputy conservancy district marshal.
2 SECTION 9. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 3. As used in this chapter, "drug dealing offense"
5 means one (1) or more of the following offenses:
6 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
7 the person received only minimal consideration as a result of the
8 drug transaction.
9 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
10 person received only minimal consideration as a result of the drug
11 transaction.
12 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
13 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
14 only minimal consideration as a result of the drug transaction.
15 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
16 cannabinoid or mislabeled low THC hemp extract (IC
17 35-48-4-10), unless the person received only minimal
18 consideration as a result of the drug transaction.
19 SECTION 10. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
20 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 14. (a) A person holding a certificate or license
22 issued under this article must comply with the applicable standards and
23 rules established under this article. A certificate holder or license
24 holder is subject to disciplinary sanctions under subsection (b) if the
25 department of homeland security determines that the certificate holder
26 or license holder:
27 (1) engaged in or knowingly cooperated in fraud or material
28 deception in order to obtain a certificate or license, including
29 cheating on a certification or licensure examination;
30 (2) engaged in fraud or material deception in the course of
31 professional services or activities;
32 (3) advertised services or goods in a false or misleading manner;
33 (4) falsified or knowingly allowed another person to falsify
34 attendance records or certificates of completion of continuing
35 education courses required under this article or rules adopted
36 under this article;
37 (5) is convicted of a crime, if the act that resulted in the
38 conviction has a direct bearing on determining if the certificate
39 holder or license holder should be entrusted to provide emergency
40 medical services;
41 (6) is convicted of violating IC 9-19-14.5;
42 (7) fails to comply and maintain compliance with or violates any
2025	IN 1332—LS 6348/DI 106 51
1 applicable provision, standard, or other requirement of this article
2 or rules adopted under this article;
3 (8) continues to practice if the certificate holder or license holder
4 becomes unfit to practice due to:
5 (A) professional incompetence that includes the undertaking
6 of professional activities that the certificate holder or license
7 holder is not qualified by training or experience to undertake;
8 (B) failure to keep abreast of current professional theory or
9 practice;
10 (C) physical or mental disability; or
11 (D) addiction to, abuse of, or dependency on alcohol or other
12 drugs that endanger the public by impairing the certificate
13 holder's or license holder's ability to practice safely;
14 (9) engages in a course of lewd or immoral conduct in connection
15 with the delivery of services to the public;
16 (10) allows the certificate holder's or license holder's name or a
17 certificate or license issued under this article to be used in
18 connection with a person who renders services beyond the scope
19 of that person's training, experience, or competence;
20 (11) is subjected to disciplinary action in another state or
21 jurisdiction on grounds similar to those contained in this chapter.
22 For purposes of this subdivision, a certified copy of a record of
23 disciplinary action constitutes prima facie evidence of a
24 disciplinary action in another jurisdiction;
25 (12) assists another person in committing an act that would
26 constitute a ground for disciplinary sanction under this chapter;
27 (13) allows a certificate or license issued by the commission to
28 be:
29 (A) used by another person; or
30 (B) displayed to the public when the certificate or license is
31 expired, inactive, invalid, revoked, or suspended; or
32 (14) fails to notify the department in writing of any misdemeanor
33 or felony criminal conviction, except traffic related misdemeanors
34 other than operating a motor vehicle under the influence of a drug
35 or alcohol, within ninety (90) days after the entry of an order or
36 judgment. A certified copy of the order or judgment with a letter
37 of explanation must be submitted to the department along with the
38 written notice.
39 (b) The department of homeland security may issue an order under
40 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
41 the department of homeland security determines that a certificate
42 holder or license holder is subject to disciplinary sanctions under
2025	IN 1332—LS 6348/DI 106 52
1 subsection (a):
2 (1) Revocation of a certificate holder's certificate or license
3 holder's license for a period not to exceed seven (7) years.
4 (2) Suspension of a certificate holder's certificate or license
5 holder's license for a period not to exceed seven (7) years.
6 (3) Censure of a certificate holder or license holder.
7 (4) Issuance of a letter of reprimand.
8 (5) Assessment of a civil penalty against the certificate holder or
9 license holder in accordance with the following:
10 (A) The civil penalty may not exceed five hundred dollars
11 ($500) per day per violation.
12 (B) If the certificate holder or license holder fails to pay the
13 civil penalty within the time specified by the department of
14 homeland security, the department of homeland security may
15 suspend the certificate holder's certificate or license holder's
16 license without additional proceedings.
17 (6) Placement of a certificate holder or license holder on
18 probation status and requirement of the certificate holder or
19 license holder to:
20 (A) report regularly to the department of homeland security
21 upon the matters that are the basis of probation;
22 (B) limit practice to those areas prescribed by the department
23 of homeland security;
24 (C) continue or renew professional education approved by the
25 department of homeland security until a satisfactory degree of
26 skill has been attained in those areas that are the basis of the
27 probation; or
28 (D) perform or refrain from performing any acts, including
29 community restitution or service without compensation, that
30 the department of homeland security considers appropriate to
31 the public interest or to the rehabilitation or treatment of the
32 certificate holder or license holder.
33 The department of homeland security may withdraw or modify
34 this probation if the department of homeland security finds after
35 a hearing that the deficiency that required disciplinary action is
36 remedied or that changed circumstances warrant a modification
37 of the order.
38 (c) If an applicant or a certificate holder or license holder has
39 engaged in or knowingly cooperated in fraud or material deception to
40 obtain a certificate or license, including cheating on the certification or
41 licensure examination, the department of homeland security may
42 rescind the certificate or license if it has been granted, void the
2025	IN 1332—LS 6348/DI 106 53
1 examination or other fraudulent or deceptive material, and prohibit the
2 applicant from reapplying for the certificate or license for a length of
3 time established by the department of homeland security.
4 (d) The department of homeland security may deny certification or
5 licensure to an applicant who would be subject to disciplinary sanctions
6 under subsection (b) if that person were a certificate holder or license
7 holder, has had disciplinary action taken against the applicant or the
8 applicant's certificate or license to practice in another state or
9 jurisdiction, or has practiced without a certificate or license in violation
10 of the law. A certified copy of the record of disciplinary action is
11 conclusive evidence of the other jurisdiction's disciplinary action.
12 (e) The department of homeland security may order a certificate
13 holder or license holder to submit to a reasonable physical or mental
14 examination if the certificate holder's or license holder's physical or
15 mental capacity to practice safely and competently is at issue in a
16 disciplinary proceeding. Failure to comply with a department of
17 homeland security order to submit to a physical or mental examination
18 makes a certificate holder or license holder liable to temporary
19 suspension under subsection (i).
20 (f) Except as provided under subsection (a), subsection (g), and
21 section 14.5 of this chapter, a certificate or license may not be denied,
22 revoked, or suspended because the applicant, certificate holder, or
23 license holder has been convicted of an offense. The acts from which
24 the applicant's, certificate holder's, or license holder's conviction
25 resulted may be considered as to whether the applicant or certificate
26 holder or license holder should be entrusted to serve the public in a
27 specific capacity.
28 (g) The department of homeland security may deny, suspend, or
29 revoke a certificate or license issued under this article if the individual
30 who holds or is applying for the certificate or license is convicted of
31 any of the following:
32 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
33 (2) Possession of methamphetamine under IC 35-48-4-6.1.
34 (3) Possession of a controlled substance under IC 35-48-4-7(a).
35 (4) Fraudulently obtaining a controlled substance under
36 IC 35-48-4-7(c).
37 (5) Manufacture of paraphernalia as a Class D felony (for a crime
38 committed before July 1, 2014) or Level 6 felony (for a crime
39 committed after June 30, 2014) under IC 35-48-4-8.1(b).
40 (6) Dealing in paraphernalia as a Class D felony (for a crime
41 committed before July 1, 2014) or Level 6 felony (for a crime
42 committed after June 30, 2014) under IC 35-48-4-8.5(b).
2025	IN 1332—LS 6348/DI 106 54
1 (7) Possession of paraphernalia as a Class D felony (for a crime
2 committed before July 1, 2014) or Level 6 felony (for a crime
3 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
4 its amendment on July 1, 2015).
5 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
6 D felony (for a crime committed before July 1, 2014) or Level 6
7 felony (for a crime committed after June 30, 2014) under
8 IC 35-48-4-11.
9 (9) A felony offense under IC 35-48-4 involving:
10 (A) possession of a synthetic drug (as defined in
11 IC 35-31.5-2-321);
12 (B) possession of a synthetic drug lookalike substance (as
13 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
14 2019)) as a:
15 (i) Class D felony (for a crime committed before July 1,
16 2014); or
17 (ii) Level 6 felony (for a crime committed after June 30,
18 2014);
19 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
20 (C) possession of a controlled substance analog (as defined in
21 IC 35-48-1-9.3).
22 (10) Maintaining a common nuisance under IC 35-48-4-13
23 (repealed) or IC 35-45-1-5, if the common nuisance involves a
24 controlled substance.
25 (11) An offense relating to registration, labeling, and prescription
26 forms under IC 35-48-4-14.
27 (h) A decision of the department of homeland security under
28 subsections (b) through (g) may be appealed to the commission under
29 IC 4-21.5-3-7.
30 (i) The department of homeland security may temporarily suspend
31 a certificate holder's certificate or license holder's license under
32 IC 4-21.5-4 before a final adjudication or during the appeals process if
33 the department of homeland security finds that a certificate holder or
34 license holder would represent a clear and immediate danger to the
35 public's health, safety, or property if the certificate holder or license
36 holder were allowed to continue to practice.
37 (j) On receipt of a complaint or information alleging that a person
38 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
39 or is engaging in a practice that is subject to disciplinary sanctions
40 under this chapter, the department of homeland security must initiate
41 an investigation against the person.
42 (k) The department of homeland security shall conduct a factfinding
2025	IN 1332—LS 6348/DI 106 55
1 investigation as the department of homeland security considers proper
2 in relation to the complaint.
3 (l) The department of homeland security may reinstate a certificate
4 or license that has been suspended under this section if the department
5 of homeland security is satisfied that the applicant is able to practice
6 with reasonable skill, competency, and safety to the public. As a
7 condition of reinstatement, the department of homeland security may
8 impose disciplinary or corrective measures authorized under this
9 chapter.
10 (m) The department of homeland security may not reinstate a
11 certificate or license that has been revoked under this chapter.
12 (n) The department of homeland security must be consistent in the
13 application of sanctions authorized in this chapter. Significant
14 departures from prior decisions involving similar conduct must be
15 explained in the department of homeland security's findings or orders.
16 (o) A certificate holder may not surrender the certificate holder's
17 certificate, and a license holder may not surrender the license holder's
18 license, without the written approval of the department of homeland
19 security, and the department of homeland security may impose any
20 conditions appropriate to the surrender or reinstatement of a
21 surrendered certificate or license.
22 (p) For purposes of this section, "certificate holder" means a person
23 who holds:
24 (1) an unlimited certificate;
25 (2) a limited or probationary certificate; or
26 (3) an inactive certificate.
27 (q) For purposes of this section, "license holder" means a person
28 who holds:
29 (1) an unlimited license;
30 (2) a limited or probationary license; or
31 (3) an inactive license.
32 SECTION 11. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
33 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 14.5. The department of homeland security may
35 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
36 certification or licensure or permanently revoke a certificate or license
37 under procedures provided by section 14 of this chapter if the
38 individual who holds the certificate or license issued under this title is
39 convicted of any of the following:
40 (1) Dealing in a controlled substance resulting in death under
41 IC 35-42-1-1.5.
42 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2025	IN 1332—LS 6348/DI 106 56
1 IC 35-48-4-1.
2 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
3 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
4 (5) Dealing in a schedule I, II, or III controlled substance under
5 IC 35-48-4-2.
6 (6) Dealing in a schedule IV controlled substance under
7 IC 35-48-4-3.
8 (7) Dealing in a schedule V controlled substance under
9 IC 35-48-4-4.
10 (8) Dealing in a substance represented to be a controlled
11 substance under IC 35-48-4-4.5 (repealed).
12 (9) Knowingly or intentionally manufacturing, advertising,
13 distributing, or possessing with intent to manufacture, advertise,
14 or distribute a substance represented to be a controlled substance
15 under IC 35-48-4-4.6.
16 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
17 (11) Dealing in marijuana, hash oil, hashish, or salvia or
18 mislabeled low THC hemp extract as a felony under
19 IC 35-48-4-10.
20 (12) An offense under IC 35-48-4 involving the manufacture or
21 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
22 synthetic drug lookalike substance (as defined in
23 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
24 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
25 substance analog (as defined in IC 35-48-1-9.3), or a substance
26 represented to be a controlled substance (as described in
27 IC 35-48-4-4.6).
28 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
29 SECTION 12. IC 16-42-27-2, AS AMENDED BY P.L.36-2023,
30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 2. (a) A prescriber may, directly or by standing
32 order, prescribe or dispense an overdose intervention drug without
33 examining the individual to whom it may be administered if all of the
34 following conditions are met:
35 (1) The overdose intervention drug is dispensed or prescribed to:
36 (A) a person at risk of experiencing an opioid-related
37 overdose; or
38 (B) a family member, a friend, or any other individual or entity
39 in a position to assist an individual who, there is reason to
40 believe, is at risk of experiencing an opioid-related overdose.
41 (2) The prescriber instructs the individual receiving the overdose
42 intervention drug or prescription to summon emergency services
2025	IN 1332—LS 6348/DI 106 57
1 either immediately before or immediately after administering the
2 overdose intervention drug to an individual experiencing an
3 opioid-related overdose.
4 (3) The prescriber provides education and training on drug
5 overdose response and treatment, including the administration of
6 an overdose intervention drug.
7 (4) The prescriber provides drug addiction treatment information
8 and referrals to drug treatment programs, including programs in
9 the local area and programs that offer medication assisted
10 treatment that includes a federal Food and Drug Administration
11 approved long acting, nonaddictive medication for the treatment
12 of opioid or alcohol dependence.
13 (b) A prescriber may provide a prescription of an overdose
14 intervention drug to an individual as a part of the individual's addiction
15 treatment plan.
16 (c) An individual described in subsection (a)(1) may administer an
17 overdose intervention drug to an individual who is suffering from an
18 overdose.
19 (d) An individual described in subsection (a)(1) may not be
20 considered to be practicing medicine without a license in violation of
21 IC 25-22.5-8-2, if the individual, acting in good faith, does the
22 following:
23 (1) Obtains the overdose intervention drug from a prescriber or
24 entity acting under a standing order issued by a prescriber.
25 (2) Administers the overdose intervention drug to an individual
26 who is experiencing an apparent opioid-related overdose.
27 (3) Attempts to summon emergency services either immediately
28 before or immediately after administering the overdose
29 intervention drug.
30 (e) An entity acting under a standing order issued by a prescriber
31 must do the following:
32 (1) Annually register with either the:
33 (A) state department; or
34 (B) local health department in the county where services will
35 be provided by the entity;
36 in a manner prescribed by the state department.
37 (2) Provide education and training on drug overdose response and
38 treatment, including the administration of an overdose
39 intervention drug.
40 (3) Provide drug addiction treatment information and referrals to
41 drug treatment programs, including programs in the local area and
42 programs that offer medication assisted treatment that includes a
2025	IN 1332—LS 6348/DI 106 58
1 federal Food and Drug Administration approved long acting,
2 nonaddictive medication for the treatment of opioid or alcohol
3 dependence.
4 (4) Submit an annual report to the state department containing:
5 (A) the number of sales of the overdose intervention drug
6 dispensed;
7 (B) the dates of sale of the overdose intervention drug
8 dispensed; and
9 (C) any additional information requested by the state
10 department.
11 (f) The state department shall ensure that a statewide standing order
12 for the dispensing of an overdose intervention drug in Indiana is issued
13 under this section. The state health commissioner or a designated
14 public health authority who is a licensed prescriber may, as part of the
15 individual's official capacity, issue a statewide standing order that may
16 be used for the dispensing of an overdose intervention drug under this
17 section. A statewide standing order issued under this section must
18 allow for choice in the:
19 (1) purchasing;
20 (2) dispensing; and
21 (3) distributing;
22 of any formulation or dosage of a naloxone product that is approved by
23 the federal Food and Drug Administration. The immunity provided in
24 IC 34-13-3-3 applies to an individual described in this subsection.
25 (g) A law enforcement officer may not take an individual into
26 custody based solely on the commission of an offense described in
27 subsection (h), if the law enforcement officer, after making a
28 reasonable determination and considering the facts and surrounding
29 circumstances, reasonably believes that the individual:
30 (1) obtained the overdose intervention drug as described in
31 subsection (a)(1);
32 (2) complied with the provisions in subsection (d);
33 (3) administered an overdose intervention drug to an individual
34 who appeared to be experiencing an opioid-related overdose;
35 (4) provided:
36 (A) the individual's full name; and
37 (B) any other relevant information requested by the law
38 enforcement officer;
39 (5) remained at the scene with the individual who reasonably
40 appeared to be in need of medical assistance until emergency
41 medical assistance arrived;
42 (6) cooperated with emergency medical assistance personnel and
2025	IN 1332—LS 6348/DI 106 59
1 law enforcement officers at the scene; and
2 (7) came into contact with law enforcement because the
3 individual requested emergency medical assistance for another
4 individual who appeared to be experiencing an opioid-related
5 overdose.
6 (h) An individual who meets the criteria in subsection (g) is immune
7 from criminal prosecution for the following:
8 (1) IC 35-48-4-6 (possession of cocaine).
9 (2) IC 35-48-4-6.1 (possession of methamphetamine).
10 (3) IC 35-48-4-7 (possession of a controlled substance).
11 (4) IC 35-48-4-8.3 (possession of paraphernalia).
12 (5) IC 35-48-4-11 (possession of marijuana). salvia).
13 (6) An offense under IC 35-48-4 involving possession of a
14 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
15 controlled substance analog (as defined in IC 35-48-1-9.3), or
16 possession of a substance represented to be a controlled substance
17 (as described in IC 35-48-4-4.6).
18 SECTION 13. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
19 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 8. (a) This section applies when a prosecuting
21 attorney knows that a licensed employee of a public school or a
22 nonpublic school has been convicted of an offense listed in subsection
23 (c). The prosecuting attorney shall immediately give written notice of
24 the conviction to the following:
25 (1) The secretary of education.
26 (2) Except as provided in subdivision (3), the superintendent of
27 the school corporation that employs the licensed employee or the
28 equivalent authority if a nonpublic school employs the licensed
29 employee.
30 (3) The presiding officer of the governing body of the school
31 corporation that employs the licensed employee, if the convicted
32 licensed employee is the superintendent of the school corporation.
33 (b) The superintendent of a school corporation, presiding officer of
34 the governing body, or equivalent authority for a nonpublic school shall
35 immediately notify the secretary of education when the individual
36 knows that a current or former licensed employee of the public school
37 or nonpublic school has been convicted of an offense listed in
38 subsection (c), or when the governing body or equivalent authority for
39 a nonpublic school takes any final action in relation to an employee
40 who engaged in any offense listed in subsection (c).
41 (c) Except as provided in section 8.5 of this chapter, the department
42 shall permanently revoke the license of a person who is known by the
2025	IN 1332—LS 6348/DI 106 60
1 department to have been convicted of any of the following:
2 (1) The following felonies:
3 (A) A sex crime under IC 35-42-4 (including criminal deviate
4 conduct (IC 35-42-4-2) (before its repeal)).
5 (B) Kidnapping (IC 35-42-3-2).
6 (C) Criminal confinement (IC 35-42-3-3).
7 (D) Incest (IC 35-46-1-3).
8 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
9 35-48-4-1).
10 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
11 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
12 (H) Dealing in a schedule I, II, or III controlled substance (IC
13 35-48-4-2).
14 (I) Dealing in a schedule IV controlled substance (IC
15 35-48-4-3).
16 (J) Dealing in a schedule V controlled substance (IC
17 35-48-4-4).
18 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
19 (L) Dealing in marijuana, hash oil, hashish, or salvia or
20 mislabeled low THC hemp extract as a felony (IC
21 35-48-4-10).
22 (M) An offense under IC 35-48-4 involving the manufacture
23 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
24 synthetic drug lookalike substance (as defined in
25 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
26 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
27 controlled substance analog (as defined in IC 35-48-1-9.3), or
28 a substance represented to be a controlled substance (as
29 described in IC 35-48-4-4.6).
30 (N) Homicide (IC 35-42-1).
31 (O) Voluntary manslaughter (IC 35-42-1-3).
32 (P) Reckless homicide (IC 35-42-1-5).
33 (Q) Battery as any of the following:
34 (i) A Class A felony (for a crime committed before July 1,
35 2014) or a Level 2 felony (for a crime committed after June
36 30, 2014).
37 (ii) A Class B felony (for a crime committed before July 1,
38 2014) or a Level 3 felony (for a crime committed after June
39 30, 2014).
40 (iii) A Class C felony (for a crime committed before July 1,
41 2014) or a Level 5 felony (for a crime committed after June
42 30, 2014).
2025	IN 1332—LS 6348/DI 106 61
1 (R) Aggravated battery (IC 35-42-2-1.5).
2 (S) Robbery (IC 35-42-5-1).
3 (T) Carjacking (IC 35-42-5-2) (before its repeal).
4 (U) Arson as a Class A felony or Class B felony (for a crime
5 committed before July 1, 2014) or as a Level 2, Level 3, or
6 Level 4 felony (for a crime committed after June 30, 2014) (IC
7 35-43-1-1(a)).
8 (V) Burglary as a Class A felony or Class B felony (for a crime
9 committed before July 1, 2014) or as a Level 1, Level 2, Level
10 3, or Level 4 felony (for a crime committed after June 30,
11 2014) (IC 35-43-2-1).
12 (W) Human trafficking (IC 35-42-3.5).
13 (X) Dealing in a controlled substance resulting in death (IC
14 35-42-1-1.5).
15 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
16 this subsection.
17 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
18 in this subsection.
19 (2) Public indecency (IC 35-45-4-1) committed:
20 (A) after June 30, 2003; or
21 (B) before July 1, 2003, if the person committed the offense
22 by, in a public place:
23 (i) engaging in sexual intercourse or other sexual conduct
24 (as defined in IC 35-31.5-2-221.5);
25 (ii) appearing in a state of nudity with the intent to arouse
26 the sexual desires of the person or another person, or being
27 at least eighteen (18) years of age, with the intent to be seen
28 by a child less than sixteen (16) years of age; or
29 (iii) fondling the person's genitals or the genitals of another
30 person.
31 (d) The department shall permanently revoke the license of a person
32 who is known by the department to have been convicted of a federal
33 offense or an offense in another state that is comparable to a felony or
34 misdemeanor listed in subsection (c).
35 (e) A license may be suspended by the secretary of education as
36 specified in IC 20-28-7.5.
37 (f) The department shall develop a data base of information on
38 school corporation employees who have been reported to the
39 department under this section.
40 (g) Upon receipt of information from the office of judicial
41 administration in accordance with IC 33-24-6-3 concerning persons
42 convicted of an offense listed in subsection (c), the department shall:
2025	IN 1332—LS 6348/DI 106 62
1 (1) cross check the information received from the office of
2 judicial administration with information concerning licensed
3 teachers (as defined in IC 20-18-2-22(b)) maintained by the
4 department; and
5 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
6 convicted of an offense described in subsection (c), revoke the
7 licensed teacher's license.
8 SECTION 14. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
9 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]: Sec. 16. (a) A practitioner shall comply with the
11 standards established under this licensing program. A practitioner is
12 subject to the exercise of the disciplinary sanctions under subsection
13 (b) if the department finds that a practitioner has:
14 (1) engaged in or knowingly cooperated in fraud or material
15 deception in order to obtain a license to practice, including
16 cheating on a licensing examination;
17 (2) engaged in fraud or material deception in the course of
18 professional services or activities;
19 (3) advertised services or goods in a false or misleading manner;
20 (4) falsified or knowingly allowed another person to falsify
21 attendance records or certificates of completion of continuing
22 education courses provided under this chapter;
23 (5) been convicted of a crime that has a direct bearing on the
24 practitioner's ability to continue to practice competently;
25 (6) knowingly violated a state statute or rule or federal statute or
26 regulation regulating the profession for which the practitioner is
27 licensed;
28 (7) continued to practice although the practitioner has become
29 unfit to practice due to:
30 (A) professional incompetence;
31 (B) failure to keep abreast of current professional theory or
32 practice;
33 (C) physical or mental disability; or
34 (D) addiction to, abuse of, or severe dependency on alcohol or
35 other drugs that endanger the public by impairing a
36 practitioner's ability to practice safely;
37 (8) engaged in a course of lewd or immoral conduct in connection
38 with the delivery of services to the public;
39 (9) allowed the practitioner's name or a license issued under this
40 chapter to be used in connection with an individual or business
41 who renders services beyond the scope of that individual's or
42 business's training, experience, or competence;
2025	IN 1332—LS 6348/DI 106 63
1 (10) had disciplinary action taken against the practitioner or the
2 practitioner's license to practice in another state or jurisdiction on
3 grounds similar to those under this chapter;
4 (11) assisted another person in committing an act that would
5 constitute a ground for disciplinary sanction under this chapter;
6 or
7 (12) allowed a license issued by the department to be:
8 (A) used by another person; or
9 (B) displayed to the public when the license has expired, is
10 inactive, is invalid, or has been revoked or suspended.
11 For purposes of subdivision (10), a certified copy of a record of
12 disciplinary action constitutes prima facie evidence of a disciplinary
13 action in another jurisdiction.
14 (b) The department may impose one (1) or more of the following
15 sanctions if the department finds that a practitioner is subject to
16 disciplinary sanctions under subsection (a):
17 (1) Permanent revocation of a practitioner's license.
18 (2) Suspension of a practitioner's license.
19 (3) Censure of a practitioner.
20 (4) Issuance of a letter of reprimand.
21 (5) Assessment of a civil penalty against the practitioner in
22 accordance with the following:
23 (A) The civil penalty may not be more than one thousand
24 dollars ($1,000) for each violation listed in subsection (a),
25 except for a finding of incompetency due to a physical or
26 mental disability.
27 (B) When imposing a civil penalty, the department shall
28 consider a practitioner's ability to pay the amount assessed. If
29 the practitioner fails to pay the civil penalty within the time
30 specified by the department, the department may suspend the
31 practitioner's license without additional proceedings. However,
32 a suspension may not be imposed if the sole basis for the
33 suspension is the practitioner's inability to pay a civil penalty.
34 (6) Placement of a practitioner on probation status and
35 requirement of the practitioner to:
36 (A) report regularly to the department upon the matters that
37 are the basis of probation;
38 (B) limit practice to those areas prescribed by the department;
39 (C) continue or renew professional education approved by the
40 department until a satisfactory degree of skill has been attained
41 in those areas that are the basis of the probation; or
42 (D) perform or refrain from performing any acts, including
2025	IN 1332—LS 6348/DI 106 64
1 community restitution or service without compensation, that
2 the department considers appropriate to the public interest or
3 to the rehabilitation or treatment of the practitioner.
4 The department may withdraw or modify this probation if the
5 department finds after a hearing that the deficiency that required
6 disciplinary action has been remedied or that changed
7 circumstances warrant a modification of the order.
8 (c) If an applicant or a practitioner has engaged in or knowingly
9 cooperated in fraud or material deception to obtain a license to
10 practice, including cheating on the licensing examination, the
11 department may rescind the license if it has been granted, void the
12 examination or other fraudulent or deceptive material, and prohibit the
13 applicant from reapplying for the license for a length of time
14 established by the department.
15 (d) The department may deny licensure to an applicant who has had
16 disciplinary action taken against the applicant or the applicant's license
17 to practice in another state or jurisdiction or who has practiced without
18 a license in violation of the law. A certified copy of the record of
19 disciplinary action is conclusive evidence of the other jurisdiction's
20 disciplinary action.
21 (e) The department may order a practitioner to submit to a
22 reasonable physical or mental examination if the practitioner's physical
23 or mental capacity to practice safely and competently is at issue in a
24 disciplinary proceeding. Failure to comply with a department order to
25 submit to a physical or mental examination makes a practitioner liable
26 to temporary suspension under subsection (j).
27 (f) Except as provided under subsection (g) or (h), a license may not
28 be denied, revoked, or suspended because the applicant or holder has
29 been convicted of an offense. The acts from which the applicant's or
30 holder's conviction resulted may, however, be considered as to whether
31 the applicant or holder should be entrusted to serve the public in a
32 specific capacity.
33 (g) The department may deny, suspend, or revoke a license issued
34 under this chapter if the individual who holds the license is convicted
35 of any of the following:
36 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
37 (2) Possession of methamphetamine under IC 35-48-4-6.1.
38 (3) Possession of a controlled substance under IC 35-48-4-7(a).
39 (4) Fraudulently obtaining a controlled substance under
40 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
41 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
42 (5) Manufacture of paraphernalia as a Class D felony (for a crime
2025	IN 1332—LS 6348/DI 106 65
1 committed before July 1, 2014) or a Level 6 felony (for a crime
2 committed after June 30, 2014) under IC 35-48-4-8.1(b).
3 (6) Dealing in paraphernalia as a Class D felony (for a crime
4 committed before July 1, 2014) or a Level 6 felony (for a crime
5 committed after June 30, 2014) under IC 35-48-4-8.5(b).
6 (7) Possession of paraphernalia as a Class D felony (for a crime
7 committed before July 1, 2014) or a Level 6 felony (for a crime
8 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
9 its amendment on July 1, 2015).
10 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
11 D felony (for a crime committed before July 1, 2014) or a Level
12 6 felony (for a crime committed after June 30, 2014) under
13 IC 35-48-4-11.
14 (9) A felony offense under IC 35-48-4 involving possession of a
15 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
16 controlled substance analog (as defined in IC 35-48-1-9.3), or
17 possession of a synthetic drug lookalike substance (as defined in
18 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
19 (A) Class D felony for a crime committed before July 1, 2014;
20 or
21 (B) Level 6 felony for a crime committed after June 30, 2014;
22 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
23 (10) Maintaining a common nuisance under IC 35-48-4-13
24 (repealed) or IC 35-45-1-5, if the common nuisance involves a
25 controlled substance.
26 (11) An offense relating to registration, labeling, and prescription
27 forms under IC 35-48-4-14.
28 (h) The department shall deny, revoke, or suspend a license issued
29 under this chapter if the individual who holds the license is convicted
30 of any of the following:
31 (1) Dealing in a controlled substance resulting in death under
32 IC 35-42-1-1.5.
33 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
34 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
35 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
36 (5) Dealing in a schedule I, II, or III controlled substance under
37 IC 35-48-4-2.
38 (6) Dealing in a schedule IV controlled substance under
39 IC 35-48-4-3.
40 (7) Dealing in a schedule V controlled substance under
41 IC 35-48-4-4.
42 (8) Dealing in a substance represented to be a controlled
2025	IN 1332—LS 6348/DI 106 66
1 substance under IC 35-48-4-4.5 (repealed).
2 (9) Knowingly or intentionally manufacturing, advertising,
3 distributing, or possessing with intent to manufacture, advertise,
4 or distribute a substance represented to be a controlled substance
5 under IC 35-48-4-4.6.
6 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
7 (11) Dealing in marijuana, hash oil, hashish, or salvia or
8 mislabeled low THC hemp extract as a felony under
9 IC 35-48-4-10.
10 (12) An offense under IC 35-48-4 involving the manufacture or
11 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
12 synthetic drug lookalike substance (as defined in
13 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
14 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
15 substance analog (as defined in IC 35-48-1-9.3), or a substance
16 represented to be a controlled substance (as described in
17 IC 35-48-4-4.6).
18 (13) A violation of any federal or state drug law or rule related to
19 wholesale legend drug distributors licensed under IC 25-26-14.
20 (i) A decision of the department under subsections (b) through (h)
21 may be appealed to the commission under IC 4-21.5-3-7.
22 (j) The department may temporarily suspend a practitioner's license
23 under IC 4-21.5-4 before a final adjudication or during the appeals
24 process if the department finds that a practitioner represents a clear and
25 immediate danger to the public's health, safety, or property if the
26 practitioner is allowed to continue to practice.
27 (k) On receipt of a complaint or an information alleging that a
28 person licensed under this chapter has engaged in or is engaging in a
29 practice that jeopardizes the public health, safety, or welfare, the
30 department shall initiate an investigation against the person.
31 (l) Any complaint filed with the office of the attorney general
32 alleging a violation of this licensing program shall be referred to the
33 department for summary review and for its general information and any
34 authorized action at the time of the filing.
35 (m) The department shall conduct a fact finding investigation as the
36 department considers proper in relation to the complaint.
37 (n) The department may reinstate a license that has been suspended
38 under this section if, after a hearing, the department is satisfied that the
39 applicant is able to practice with reasonable skill, safety, and
40 competency to the public. As a condition of reinstatement, the
41 department may impose disciplinary or corrective measures authorized
42 under this chapter.
2025	IN 1332—LS 6348/DI 106 67
1 (o) The department may not reinstate a license that has been
2 revoked under this chapter. An individual whose license has been
3 revoked under this chapter may not apply for a new license until seven
4 (7) years after the date of revocation.
5 (p) The department shall seek to achieve consistency in the
6 application of sanctions authorized in this chapter. Significant
7 departures from prior decisions involving similar conduct must be
8 explained in the department's findings or orders.
9 (q) A practitioner may petition the department to accept the
10 surrender of the practitioner's license instead of having a hearing before
11 the commission. The practitioner may not surrender the practitioner's
12 license without the written approval of the department, and the
13 department may impose any conditions appropriate to the surrender or
14 reinstatement of a surrendered license.
15 (r) A practitioner who has been subjected to disciplinary sanctions
16 may be required by the commission to pay the costs of the proceeding.
17 The practitioner's ability to pay shall be considered when costs are
18 assessed. If the practitioner fails to pay the costs, a suspension may not
19 be imposed solely upon the practitioner's inability to pay the amount
20 assessed. The costs are limited to costs for the following:
21 (1) Court reporters.
22 (2) Transcripts.
23 (3) Certification of documents.
24 (4) Photo duplication.
25 (5) Witness attendance and mileage fees.
26 (6) Postage.
27 (7) Expert witnesses.
28 (8) Depositions.
29 (9) Notarizations.
30 SECTION 15. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
31 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
33 commission, or a committee may suspend, deny, or revoke a license or
34 certificate issued under this title by the board, the commission, or the
35 committee without an investigation by the office of the attorney general
36 if the individual who holds the license or certificate is convicted of any
37 of the following and the board, commission, or committee determines,
38 after the individual has appeared in person, that the offense affects the
39 individual's ability to perform the duties of the profession:
40 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
41 (2) Possession of methamphetamine under IC 35-48-4-6.1.
42 (3) Possession of a controlled substance under IC 35-48-4-7(a).
2025	IN 1332—LS 6348/DI 106 68
1 (4) Fraudulently obtaining a controlled substance under
2 IC 35-48-4-7(c).
3 (5) Manufacture of paraphernalia as a Class D felony (for a crime
4 committed before July 1, 2014) or a Level 6 felony (for a crime
5 committed after June 30, 2014) under IC 35-48-4-8.1(b).
6 (6) Dealing in paraphernalia as a Class D felony (for a crime
7 committed before July 1, 2014) or a Level 6 felony (for a crime
8 committed after June 30, 2014) under IC 35-48-4-8.5(b).
9 (7) Possession of paraphernalia as a Class D felony (for a crime
10 committed before July 1, 2014) or a Level 6 felony (for a crime
11 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
12 its amendment on July 1, 2015).
13 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
14 D felony (for a crime committed before July 1, 2014) or a Level
15 6 felony (for a crime committed after June 30, 2014) under
16 IC 35-48-4-11.
17 (9) A felony offense under IC 35-48-4 involving possession of a
18 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
19 controlled substance analog (as defined in IC 35-48-1-9.3), or
20 possession of a synthetic drug lookalike substance (as defined in
21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
22 (A) Class D felony for a crime committed before July 1, 2014;
23 or
24 (B) Level 6 felony for a crime committed after June 30, 2014;
25 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
26 (10) Maintaining a common nuisance under IC 35-48-4-13
27 (repealed) or IC 35-45-1-5, if the common nuisance involves a
28 controlled substance.
29 (11) An offense relating to registration, labeling, and prescription
30 forms under IC 35-48-4-14.
31 (12) A sex crime under IC 35-42-4.
32 (13) A felony that reflects adversely on the individual's fitness to
33 hold a professional license.
34 SECTION 16. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
35 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 3. A board, a commission, or a committee shall
37 revoke or suspend a license or certificate issued under this title by the
38 board, the commission, or the committee if the individual who holds
39 the license or certificate is convicted of any of the following:
40 (1) Dealing in a controlled substance resulting in death under
41 IC 35-42-1-1.5.
42 (2) Dealing in or manufacturing cocaine or a narcotic drug under
2025	IN 1332—LS 6348/DI 106 69
1 IC 35-48-4-1.
2 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
3 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
4 (5) Dealing in a schedule I, II, or III controlled substance under
5 IC 35-48-4-2.
6 (6) Dealing in a schedule IV controlled substance under
7 IC 35-48-4-3.
8 (7) Dealing in a schedule V controlled substance under
9 IC 35-48-4-4.
10 (8) Dealing in a substance represented to be a controlled
11 substance under IC 35-48-4-4.5 (before its repeal on July 1,
12 2019).
13 (9) Knowingly or intentionally manufacturing, advertising,
14 distributing, or possessing with intent to manufacture, advertise,
15 or distribute a substance represented to be a controlled substance
16 under IC 35-48-4-4.6.
17 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
18 (11) Dealing in marijuana, hash oil, hashish, or salvia or
19 mislabeled low THC hemp extract as a felony under
20 IC 35-48-4-10.
21 (12) An offense under IC 35-48-4 involving the manufacture or
22 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
23 synthetic drug lookalike substance (as defined in
24 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
25 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
26 substance analog (as defined in IC 35-48-1-9.3), or a substance
27 represented to be a controlled substance (as described in
28 IC 35-48-4-4.6).
29 (13) A violation of any federal or state drug law or rule related to
30 wholesale legend drug distributors licensed under IC 25-26-14.
31 SECTION 17. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 1. (a) The following may be seized:
34 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
35 or are intended for use by the person or persons in possession of
36 them to transport or in any manner to facilitate the transportation
37 of the following:
38 (A) A controlled substance for the purpose of committing,
39 attempting to commit, or conspiring to commit any of the
40 following:
41 (i) Dealing in or manufacturing cocaine or a narcotic drug
42 (IC 35-48-4-1).
2025	IN 1332—LS 6348/DI 106 70
1 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
2 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
3 (iv) Dealing in a schedule I, II, or III controlled substance
4 (IC 35-48-4-2).
5 (v) Dealing in a schedule IV controlled substance (IC
6 35-48-4-3).
7 (vi) Dealing in a schedule V controlled substance (IC
8 35-48-4-4).
9 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
10 (viii) Possession of cocaine or a narcotic drug (IC
11 35-48-4-6).
12 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
13 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
14 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
15 mislabeled low THC hemp extract (IC 35-48-4-10).
16 (xii) An offense under IC 35-48-4 involving a synthetic drug
17 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
18 substance (as defined in IC 35-31.5-2-321.5 (before its
19 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
20 repeal on July 1, 2019), a controlled substance analog (as
21 defined in IC 35-48-1-9.3), or a substance represented to be
22 a controlled substance (as described in IC 35-48-4-4.6).
23 (xiii) A violation of IC 7.1-8.
24 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
25 property (IC 35-43-4-3) if the retail or repurchase value of that
26 property is one hundred dollars ($100) or more.
27 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
28 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
29 mass destruction (as defined in IC 35-31.5-2-354) used to
30 commit, used in an attempt to commit, or used in a conspiracy
31 to commit a felony terrorist offense (as defined in
32 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
33 furtherance of an act of terrorism (as defined by
34 IC 35-31.5-2-329).
35 (2) All money, negotiable instruments, securities, weapons,
36 communications devices, or any property used to commit, used in
37 an attempt to commit, or used in a conspiracy to commit a felony
38 terrorist offense (as defined in IC 35-50-2-18) or an offense under
39 IC 35-47 as part of or in furtherance of an act of terrorism or
40 commonly used as consideration for a violation of IC 35-48-4
41 (other than items subject to forfeiture under IC 16-42-20-5 or
42 IC 16-6-8.5-5.1, before its repeal):
2025	IN 1332—LS 6348/DI 106 71
1 (A) furnished or intended to be furnished by any person in
2 exchange for an act that is in violation of a criminal statute;
3 (B) used to facilitate any violation of a criminal statute; or
4 (C) traceable as proceeds of the violation of a criminal statute.
5 (3) Any portion of real or personal property purchased with
6 money that is traceable as a proceed of a violation of a criminal
7 statute.
8 (4) A vehicle that is used by a person to:
9 (A) commit, attempt to commit, or conspire to commit;
10 (B) facilitate the commission of; or
11 (C) escape from the commission of;
12 murder (IC 35-42-1-1), dealing in a controlled substance resulting
13 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
14 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
15 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
16 under IC 35-47 as part of or in furtherance of an act of terrorism.
17 (5) Real property owned by a person who uses it to commit any of
18 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
19 felony:
20 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
21 35-48-4-1).
22 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
23 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
24 (D) Dealing in a schedule I, II, or III controlled substance (IC
25 35-48-4-2).
26 (E) Dealing in a schedule IV controlled substance (IC
27 35-48-4-3).
28 (F) Dealing in marijuana, hash oil, hashish, or salvia or
29 mislabeled low THC hemp extract (IC 35-48-4-10).
30 (G) Dealing in a synthetic drug (as defined in
31 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
32 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
33 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
34 2019).
35 (H) Dealing in a controlled substance resulting in death (IC
36 35-42-1-1.5).
37 (6) Equipment and recordings used by a person to commit fraud
38 under IC 35-43-5.
39 (7) Recordings sold, rented, transported, or possessed by a person
40 in violation of IC 24-4-10.
41 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
42 defined by IC 35-45-6-1) that is the object of a corrupt business
2025	IN 1332—LS 6348/DI 106 72
1 influence violation (IC 35-45-6-2).
2 (9) Unlawful telecommunications devices (as defined in
3 IC 35-45-13-6) and plans, instructions, or publications used to
4 commit an offense under IC 35-45-13.
5 (10) Any equipment, including computer equipment and cellular
6 telephones, used for or intended for use in preparing,
7 photographing, recording, videotaping, digitizing, printing,
8 copying, or disseminating matter in violation of IC 35-42-4.
9 (11) Destructive devices used, possessed, transported, or sold in
10 violation of IC 35-47.5.
11 (12) Tobacco products that are sold in violation of IC 24-3-5,
12 tobacco products that a person attempts to sell in violation of
13 IC 24-3-5, and other personal property owned and used by a
14 person to facilitate a violation of IC 24-3-5.
15 (13) Property used by a person to commit counterfeiting or
16 forgery in violation of IC 35-43-5-2.
17 (14) After December 31, 2005, if a person is convicted of an
18 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
19 following real or personal property:
20 (A) Property used or intended to be used to commit, facilitate,
21 or promote the commission of the offense.
22 (B) Property constituting, derived from, or traceable to the
23 gross proceeds that the person obtained directly or indirectly
24 as a result of the offense.
25 (15) Except as provided in subsection (e), a vehicle used by a
26 person who operates the vehicle:
27 (A) while intoxicated, in violation of IC 9-30-5-1 through
28 IC 9-30-5-5, if in the previous five (5) years the person has two
29 (2) or more prior unrelated convictions for operating a motor
30 vehicle while intoxicated in violation of IC 9-30-5-1 through
31 IC 9-30-5-5; or
32 (B) on a highway while the person's driving privileges are
33 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
34 if in the previous five (5) years the person has two (2) or more
35 prior unrelated convictions for operating a vehicle while
36 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
37 If a court orders the seizure of a vehicle under this subdivision,
38 the court shall transmit an order to the bureau of motor vehicles
39 recommending that the bureau not permit a vehicle to be
40 registered in the name of the person whose vehicle was seized
41 until the person possesses a current driving license (as defined in
42 IC 9-13-2-41).
2025	IN 1332—LS 6348/DI 106 73
1 (16) Cannabis and cannabis products grown, processed, sold,
2 or offered for sale in violation of IC 7.1-8.
3 (16) (17) The following real or personal property:
4 (A) Property used or intended to be used to commit, facilitate,
5 or promote the commission of an offense specified in
6 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
7 IC 30-2-13-38(f).
8 (B) Property constituting, derived from, or traceable to the
9 gross proceeds that a person obtains directly or indirectly as a
10 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
11 IC 30-2-10-9(b), or IC 30-2-13-38(f).
12 (17) (18) Real or personal property, including a vehicle, that is
13 used by a person to:
14 (A) commit, attempt to commit, or conspire to commit;
15 (B) facilitate the commission of; or
16 (C) escape from the commission of;
17 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
18 trafficking) or IC 35-45-4-4 (promoting prostitution).
19 (b) A vehicle used by any person as a common or contract carrier in
20 the transaction of business as a common or contract carrier is not
21 subject to seizure under this section, unless it can be proven by a
22 preponderance of the evidence that the owner of the vehicle knowingly
23 permitted the vehicle to be used to engage in conduct that subjects it to
24 seizure under subsection (a).
25 (c) Equipment under subsection (a)(10) may not be seized unless it
26 can be proven by a preponderance of the evidence that the owner of the
27 equipment knowingly permitted the equipment to be used to engage in
28 conduct that subjects it to seizure under subsection (a)(10).
29 (d) Money, negotiable instruments, securities, weapons,
30 communications devices, or any property commonly used as
31 consideration for a violation of IC 35-48-4 found near or on a person
32 who is committing, attempting to commit, or conspiring to commit any
33 of the following offenses shall be admitted into evidence in an action
34 under this chapter as prima facie evidence that the money, negotiable
35 instrument, security, or other thing of value is property that has been
36 used or was to have been used to facilitate the violation of a criminal
37 statute or is the proceeds of the violation of a criminal statute:
38 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
39 death).
40 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
41 narcotic drug).
42 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
2025	IN 1332—LS 6348/DI 106 74
1 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
2 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
3 substance).
4 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
5 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
6 as a Level 4 felony.
7 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
8 Level 3, Level 4, or Level 5 felony.
9 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
10 3, Level 4, or Level 5 felony.
11 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
12 salvia or mislabeled low THC hemp extract) as a Level 5
13 felony.
14 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
15 in a synthetic drug or synthetic drug lookalike substance) as a
16 Level 5 felony or Level 6 felony (or as a Class C felony or Class
17 D felony under IC 35-48-4-10 before its amendment in 2013).
18 (e) A vehicle operated by a person who is not:
19 (1) an owner of the vehicle; or
20 (2) the spouse of the person who owns the vehicle;
21 is not subject to seizure under subsection (a)(15) unless it can be
22 proven by a preponderance of the evidence that the owner of the
23 vehicle knowingly permitted the vehicle to be used to engage in
24 conduct that subjects it to seizure under subsection (a)(15).
25 SECTION 18. IC 34-30-2.1-73.5 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2025]: Sec. 73.5. IC 7.1-8-7-16 (Concerning
28 acts and omissions of the members of the cannabis commission and
29 their officers and employees).
30 SECTION 19. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
31 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 185. (a) "Law enforcement officer" means:
33 (1) a police officer (including a tribal police officer, a correctional
34 police officer, and a hospital police officer employed by a hospital
35 police department established under IC 16-18-4), sheriff,
36 constable, marshal, prosecuting attorney, special prosecuting
37 attorney, special deputy prosecuting attorney, the securities
38 commissioner, or the inspector general;
39 (2) a deputy of any of those persons;
40 (3) an investigator for a prosecuting attorney or for the inspector
41 general;
42 (4) a conservation officer;
2025	IN 1332—LS 6348/DI 106 75
1 (5) an enforcement officer of the alcohol and tobacco commission
2 or of the cannabis commission;
3 (6) an enforcement officer of the securities division of the office
4 of the secretary of state; or
5 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
6 control officer employed by the gaming control division under
7 IC 4-33-20.
8 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
9 includes an alcoholic beverage enforcement officer, as set forth in
10 IC 35-42-2-1.
11 (c) "Law enforcement officer", for purposes of IC 35-45-15,
12 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
13 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
14 IC 35-44.1-3-2, includes a school resource officer (as defined in
15 IC 20-26-18.2-1) and a school corporation police officer appointed
16 under IC 20-26-16.
17 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
18 meaning set forth in IC 35-40.5-1-1.
19 SECTION 20. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
20 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 1. (a) The definitions in this section apply
22 throughout this chapter.
23 (b) "Documentary material" means any document, drawing,
24 photograph, recording, or other tangible item containing compiled data
25 from which information can be either obtained or translated into a
26 usable form.
27 (c) "Enterprise" means:
28 (1) a sole proprietorship, corporation, limited liability company,
29 partnership, business trust, or governmental entity; or
30 (2) a union, an association, or a group, whether a legal entity or
31 merely associated in fact.
32 (d) "Pattern of racketeering activity" means engaging in at least two
33 (2) incidents of racketeering activity that have the same or similar
34 intent, result, accomplice, victim, or method of commission, or that are
35 otherwise interrelated by distinguishing characteristics that are not
36 isolated incidents. However, the incidents are a pattern of racketeering
37 activity only if at least one (1) of the incidents occurred after August
38 31, 1980, and if the last of the incidents occurred within five (5) years
39 after a prior incident of racketeering activity.
40 (e) "Racketeering activity" means to commit, to attempt to commit,
41 to conspire to commit a violation of, or aiding and abetting in a
42 violation of any of the following:
2025	IN 1332—LS 6348/DI 106 76
1 (1) A provision of IC 23-19, or of a rule or order issued under
2 IC 23-19.
3 (2) A violation of IC 35-45-9.
4 (3) A violation of IC 35-47.
5 (4) A violation of IC 35-49-3.
6 (5) Murder (IC 35-42-1-1).
7 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
8 felony after June 30, 2014 (IC 35-42-2-1).
9 (7) Kidnapping (IC 35-42-3-2).
10 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
11 (9) Child exploitation (IC 35-42-4-4).
12 (10) Robbery (IC 35-42-5-1).
13 (11) Carjacking (IC 35-42-5-2) (before its repeal).
14 (12) Arson (IC 35-43-1-1).
15 (13) Burglary (IC 35-43-2-1).
16 (14) Theft (IC 35-43-4-2).
17 (15) Receiving stolen property (IC 35-43-4-2) (before its
18 amendment on July 1, 2018).
19 (16) Forgery (IC 35-43-5-2).
20 (17) An offense under IC 35-43-5.
21 (18) Bribery (IC 35-44.1-1-2).
22 (19) Official misconduct (IC 35-44.1-1-1).
23 (20) Conflict of interest (IC 35-44.1-1-4).
24 (21) Perjury (IC 35-44.1-2-1).
25 (22) Obstruction of justice (IC 35-44.1-2-2).
26 (23) Intimidation (IC 35-45-2-1).
27 (24) Promoting prostitution (IC 35-45-4-4).
28 (25) Professional gambling (IC 35-45-5-3).
29 (26) Maintaining a professional gambling site (IC
30 35-45-5-3.5(b)).
31 (27) Promoting professional gambling (IC 35-45-5-4).
32 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
33 35-48-4-1).
34 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
35 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
36 (31) Dealing in a schedule I, II, or III controlled substance (IC
37 35-48-4-2).
38 (32) Dealing in a schedule IV controlled substance (IC
39 35-48-4-3).
40 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
41 (34) Dealing in marijuana, hash oil, hashish, or salvia or
42 mislabeled low THC hemp extract (IC 35-48-4-10).
2025	IN 1332—LS 6348/DI 106 77
1 (35) Money laundering (IC 35-45-15-5).
2 (36) A violation of IC 35-47.5-5.
3 (37) A violation of any of the following:
4 (A) IC 23-14-48-9.
5 (B) IC 30-2-9-7(b).
6 (C) IC 30-2-10-9(b).
7 (D) IC 30-2-13-38(f).
8 (38) Practice of law by a person who is not an attorney (IC
9 33-43-2-1).
10 (39) An offense listed in IC 35-48-4 involving the manufacture or
11 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
12 synthetic drug lookalike substance (as defined in
13 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
14 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
15 substance analog (as defined in IC 35-48-1-9.3), or a substance
16 represented to be a controlled substance (as described in
17 IC 35-48-4-4.6).
18 (40) Dealing in a controlled substance resulting in death (IC
19 35-42-1-1.5).
20 (41) Organized retail theft (IC 35-43-4-2.2).
21 SECTION 21. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
22 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 6. (a) Except as provided in subsections (b) and
24 (c), a person who operates a motorboat while:
25 (1) having an alcohol concentration equivalent (as defined in
26 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
27 per:
28 (A) one hundred (100) milliliters of the person's blood; or
29 (B) two hundred ten (210) liters of the person's breath;
30 (2) having a controlled substance listed in schedule I or II of
31 IC 35-48-2 or its metabolite in the person's body; or
32 (3) intoxicated;
33 commits a Class C misdemeanor.
34 (b) The offense is a Level 6 felony if:
35 (1) the person has a previous conviction under:
36 (A) IC 14-1-5 (repealed);
37 (B) IC 14-15-8-8 (repealed); or
38 (C) this chapter; or
39 (2) the offense results in serious bodily injury to another person.
40 (c) The offense is a Level 5 felony if the offense results in the death
41 or catastrophic injury of another person.
42 (d) It is a defense to a prosecution under subsection (a)(2) that:
2025	IN 1332—LS 6348/DI 106 78
1 (1) the accused person consumed the controlled substance in
2 accordance with a valid prescription or order of a practitioner (as
3 defined in IC 35-48-1-24) who acted in the course of the
4 practitioner's professional practice; or
5 (2) the:
6 (A) controlled substance is marijuana or a metabolite of
7 marijuana; and
8 (B) person was not intoxicated.
9 SECTION 22. IC 35-48-2-4, AS AMENDED BY P.L.84-2024,
10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 4. (a) The controlled substances listed in this
12 section are included in schedule I.
13 (b) Opiates. Any of the following opiates, including their isomers,
14 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
15 specifically excepted by rule of the board or unless listed in another
16 schedule, whenever the existence of these isomers, esters, ethers, and
17 salts is possible within the specific chemical designation:
18 4-fluoroisobutyryl fentanyl
19 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
20 piperidinyl]-N-phenylacetamide) (9815)
21 Acetyl fentanyl (Other names include:
22 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
23 Acetylmethadol (9601)
24 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
25 N-phenylacrylamide
26 Allylprodine (9602)
27 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
28 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
29 Alphacetylmethadol (9603)
30 Alphameprodine (9604)
31 Alphamethadol (9605)
32 Alpha'-Methyl butyryl fentanyl (2-methyl-N-(1-
33 phenethylpiperidin- 4-yl)-N-phenylbutanamide) (9864)
34 Alphamethylfentanyl (9814)
35 Benzethidine (9606)
36 Beta-hydroxy-3-methylfentanyl (9831). Other name:
37 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
38 ]-N-phenylpropanamide
39 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
40 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
41 Betacetylmethadol (9607)
42 Betameprodine (9608)
2025	IN 1332—LS 6348/DI 106 79
1 Betamethadol (9609)
2 Betaprodine (9611)
3 Brorphine(9098). Other name:
4 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2
5 H-benzo[d]imidazol-2-one
6 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1yl)-N,N-dieth
7 ylethan-1-amine (butonitazene); other name: butoxynitazene
8 Clonitazene (9612)
9 Cyclopentyl fentanyl. Other name:
10 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
11 Dextromoramide (9613)
12 Diampromide (9615)
13 Diethylthiambutene (9616)
14 N,N-diethyl-2-(2-(4-flourobenzyl)-5-nitro-1H-benzimidazol-1-y
15 l)ethan-1-amine (flunitazene)
16 N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)eth
17 an-1-amine (metodesnitazene)
18 N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-
19 1-yl)ethan-1-amine (metonitazene)
20 N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-
21 1-yl)ethan-1-amine (protonitazene); other name: pronitazene
22 Difenoxin (9168)
23 Dimenoxadol (9617)
24 Dimepheptanol (9618)
25 2',5'-Dimethoxyfentanyl (N-(1- (2,5-dimethoxyphenethyl)
26 piperidin-4-yl)- N-phenylpropionamide) (9861)
27 Dimethylthiambutene (9619)
28 Dioxaphetyl butyrate (9621)
29 Dipipanone (9622)
30 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1yl)-N,N-diethylethan-
31 1-amine (etodesnitazene; etazene)
32 2-(4-ethnoxybenzyl)5-nitro-1(2-(pyrorolidin-1-yl)ethyl)-1H-ben
33 zimidazol (N-pyrrolidino etonizatene; etonitazepyne)
34 Ethylmethylthiambutene (9623)
35 Etonitazene (9624)
36 Etoxeridine (9625)
37 Fentanyl related substances.
38 Furanyl fentanyl (N-(1-phenethylpiperidin- 4-yl)- N-phenylfuran-
39 2-carboxamide) (9834)
40 3-Furanyl fentanyl (N-(1-phenethylpiperidin- 4-yl)-
41 N-phenylfuran- 3- carboxamide) (9860)
42 Furethidine (9626)
2025	IN 1332—LS 6348/DI 106 80
1 Hydroxypethidine (9627)
2 Isobutyryl fentanyl. Other name:
3 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
4 Isotonitazene. Other name: N,N-diethyl-2-
5 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
6 1-yl)ethan-1-amine)
7 Isovaleryl fentanyl (3-methyl- N-(1-phenethylpiperidin-4-yl)- N-
8 phenylbutanamide) (9862)
9 Ketobemidone (9628)
10 Levomoramide (9629)
11 Levophenacylmorphan (9631)
12 Meta-Fluorofentanyl (N-(3- fluorophenyl)- N-
13 (1-phenethylpiperidin-4-yl) propionamide) (9857)
14 Meta-Fluoroisobutyryl fentanyl (N-(3-fluorophenyl)- N-
15 (1-phenethylpiperidin-4-yl) isobutyramide) (9858)
16 Methoxyacetyl fentanyl. Other name:
17 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
18 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
19 piperidyl]-N-phenyl-propanimide](9813)
20 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
21 piperidinyl]-N-phenylpropanamide) (9833)
22 M etonitazene
23 (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol
24 -1-yl)ethan-1-amine) (9757)
25 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
26 Morpheridine (9632)
27 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
28 including any isomers, salts, or salts of isomers (9818)
29 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
30 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
31 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
32 (beta-hydroxythiofentanyl)
33 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
34 (para-chloroisobutyryl fentanyl)
35 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
36 acetamide (ocfentanil)
37 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
38 (para-fluorobutyryl fentanyl)
39 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
40 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
41 fentanyl)
42 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
2025	IN 1332—LS 6348/DI 106 81
1 fentanyl)
2 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
3 (para-methoxybutyryl fentanyl)
4 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
5 (thenylfentanyl), including any isomers, salts, or salts of isomers
6 (9834)
7 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
8 fentanyl)
9 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
10 (cyclopentyl fentanyl)
11 Noracymethadol (9633)
12 Norlevorphanol (9634)
13 Normethadone (9635)
14 Norpipanone (9636)
15 Ocfentanil. Other name:
16 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
17 acetamide
18 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
19 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
20 Ortho-Fluorofuranyl fentanyl (N-(2-fluorophenyl)- N-
21 (1-phenethylpiperidin-4-yl)furan-2-carboxamide) (9863)
22 Para-chloroisobutyryl fentanyl. Other name:
23 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
24 Para-fluorobutyryl fentanyl. Other name:
25 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
26 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
27 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
28 Para-methoxybutyryl fentanyl. Other name:
29 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
30 Para-Methoxyfuranyl fentanyl (N-(4-methoxyphenyl)- N-
31 (1-phenethylpiperidin-4-yl) furan-2-carboxamide (9859)
32 Para-Methylcyclopropyl fentanyl (N-(4-methylphenyl)- N-
33 (1-phenethylpiperidin- 4-yl)cyclopropanecarboxamide) (9865)
34 Phenadoxone (9637)
35 Phenampromide (9638)
36 Phenomorphan (9647)
37 Phenoperidine (9641)
38 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
39 Piritramide (9642)
40 Proheptazine (9643)
41 Properidine (9644)
42 Propiram (9649)
2025	IN 1332—LS 6348/DI 106 82
1 Racemoramide (9645)
2 Tetrahydrofuranyl fentanyl. Other name:
3 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
4 oxamide
5 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
6 piperidinyl]-propanamide) (9835)
7 Tianeptine (7-[(3-chloro-6-methyl-5,5-dioxo-11H-benzo[c]
8 [2,1]benzothiazepin-11-yl)amino]heptanoic acid)
9 Tilidine (9750)
10 Trimeperidine (9646)
11 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
12 N-methyl- benzamide)
13 Valeryl fentanyl. Other name:
14 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
15 Zipeprol (1-methoxy-3- [4-(2-methoxy-2-phenylethyl) piperazin-
16 1-yl]- 1- phenylpropan- 2-ol) (9873)
17 (c) Opium derivatives. Any of the following opium derivatives, their
18 salts, isomers, and salts of isomers, unless specifically excepted by rule
19 of the board or unless listed in another schedule, whenever the
20 existence of these salts, isomers, and salts of isomers is possible within
21 the specific chemical designation:
22 Acetorphine (9319)
23 Acetyldihydrocodeine (9051)
24 Benzylmorphine (9052)
25 Codeine methylbromide (9070)
26 Codeine-N-Oxide (9053)
27 Cyprenorphine (9054)
28 Desomorphine (9055)
29 Dihydromorphine (9145)
30 Drotebanol (9335)
31 Etorphine (except hydrochloride salt) (9056)
32 Heroin (9200)
33 Hydromorphinol (9301)
34 Methyldesorphine (9302)
35 Methyldihydromorphine (9304)
36 Morphine methylbromide (9305)
37 Morphine methylsulfonate (9306)
38 Morphine-N-Oxide (9307)
39 Myrophine (9308)
40 Nicocodeine (9309)
41 Nicomorphine (9312)
42 Normorphine (9313)
2025	IN 1332—LS 6348/DI 106 83
1 Pholcodine (9314)
2 Thebacon (9315)
3 (d) Hallucinogenic substances. Unless specifically excepted or
4 unless listed in another schedule, any material, compound, mixture, or
5 preparation which contains any quantity of the following
6 hallucinogenic, psychedelic, or psychogenic substances, their salts,
7 isomers, and salts of isomers whenever the existence of these salts,
8 isomers, and salts of isomers is possible within the specific chemical
9 designation (for purposes of this subsection only, the term "isomer"
10 includes the optical, position, and geometric isomers):
11 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
12 TCPy.
13 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
14 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
15 4-Bromo-2, 5-DMA.
16 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
17 or other names:
18 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
19 alpha-desmethyl DOB; 2C-B, Nexus.
20 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
21 DOET.
22 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
23 Other name: 2C-T-7.
24 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
25 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
26 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
27 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
28 PMA.
29 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
30 Name: MMDA.
31 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
32 isomers, salts, or salts of isomers (7439). Other name:
33 5-MeO-DIPT.
34 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
35 and other names: 4-methyl-2,
36 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
37 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
38 MDA.
39 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
40 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
41 phenethylamine; N-ethyl MDA; MDE; and MDEA.
42 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
2025	IN 1332—LS 6348/DI 106 84
1 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
2 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
3 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
4 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
5 (16) Alpha-methyltryptamine (7432). Other name: AMT.
6 (17) Bufotenine (7433). Some trade and other names:
7 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
8 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
9 5-hydroxy-N, N-dimethyltryptamine; mappine.
10 (18) Diethyltryptamine (7434). Some trade or other names: N,
11 N-Diethyltryptamine; DET.
12 (19) Dimethyltryptamine (7435). Some trade or other names:
13 DMT.
14 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
15 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
16 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
17 (21) Lysergic acid diethylamide (7315). Other name: LSD.
18 (22) Marijuana (7360).
19 (23) (22) Mescaline (7381).
20 (24) (23) Methoxetamine[2-(ethylamino)-2-(3-methoxyphenyl)
21 cyclohexan-1-one or 2-(3-methoxyphenyl)-2-(ethylamino)-
22 cyclohexanone].
23 (25) (24) Parahexyl (7374). Some trade or other names:
24 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
25 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
26 (26) (25) Peyote (7415), including:
27 (A) all parts of the plant that are classified botanically as
28 lophophora williamsii lemaire, whether growing or not;
29 (B) the seeds thereof;
30 (C) any extract from any part of the plant; and
31 (D) every compound, manufacture, salt, derivative, mixture, or
32 preparation of the plant, its seeds, or extracts.
33 (27) (26) N-ethyl-3-piperidyl benzilate (7482). Other name:
34 DMZ.
35 (28) (27) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
36 Other names: N-hydroxy-alpha-methyl-3,4
37 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
38 (29) (28) N-methyl-3-piperidyl benzilate (7484). Other name:
39 LBJ.
40 (30) (29) Psilocybin (7437).
41 (31) (30) Psilocyn (7438).
42 (32) (31) Tetrahydrocannabinols (7370), including synthetic
2025	IN 1332—LS 6348/DI 106 85
1 equivalents of the substances contained in the plant, or in the
2 resinous extractives of Cannabis, sp. and synthetic substances,
3 derivatives, and their isomers with similar chemical structure and
4 pharmacological activity such as:
5 (A) ð
1
 cis or trans tetrahydrocannabinol, and their optical
6 isomers;
7 (B) ð
6
 cis or trans tetrahydrocannabinol, and their optical
8 isomers; and
9 (C) ð
3,
4 cis or trans tetrahydrocannabinol, and their optical
10 isomers.
11 Since nomenclature of these substances is not internationally
12 standardized, compounds of these structures, regardless of
13 numerical designation of atomic positions are covered. Other
14 name: THC.
15 (33) (32) Ethylamine analog of phencyclidine (7455). Some trade
16 or other names: N-Ethyl-1-phenylcyclohexylamine;
17 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
18 ethylamine; cyclohexamine; PCE.
19 (34) (33) Pyrrolidine analog of phencyclidine (7458). Some trade
20 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
y; PHP.
21 (35) (34) Thiophene analog of phencyclidine (7470). Some trade
22 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
23 Analog of Phencyclidine; TPCP.
24 (36) (35) Salvia divinorum or salvinorin A, including:
25 (A) all parts of the plant that are classified botanically as salvia
26 divinorum, whether growing or not;
27 (B) the seeds of the plant;
28 (C) any extract from any part of the plant; and
29 (D) every compound, manufacture, salt, derivative, mixture, or
30 preparation of the plant, its seeds, or extracts.
31 (37) (36) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
32 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
33 5-MeO-DMT.
34 (38) (37) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
35 (39) (38) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
36 (40) (39) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
37 (41) (40) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
38 (42) (41) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
39 (2C-T-2).
40 (43) (42) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
41 (2C-T-4).
42 (44) (43) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
2025	IN 1332—LS 6348/DI 106 86
1 (45) (44) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
2 (46) (45) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
3 (2C-P).
4 (47) (46) Deschloroketamine (2-Phenyl-2-
5 (methylamino)cyclohexanone).
6 (48) (47) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
7 ethyltryptamine).
8 (49) (48) N-methyltryptamine (1H-Indole-3-ethanamine,
9 N-methyl-).
10 (50) (49) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one
11 (other names: eutylone; bk-EBDB (7549)).
12 (51) (50) N-(1-amino- 3,3-dimethyl-1- oxobutan-2-yl)-
13 1-butyl-1H-indazole-3- carboxamide (other name:
14 ADB–BUTINACA) (7027).
15 (52) (51) 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one
16 (other names: á-PiHP; alpha-PiHP) (7551).
17 (53) (52) 2-(methylamino)-1-(3-methylphenyl)propan-1-one
18 (other names: 3–MMC; 3-methylmethcathinone) (1259).
19 (e) Depressants. Unless specifically excepted in a rule adopted by
20 the board or unless listed in another schedule, any material, compound,
21 mixture, or preparation which contains any quantity of the following
22 substances having a depressant effect on the central nervous system,
23 including its salts, isomers, and salts of isomers whenever the existence
24 of such salts, isomers, and salts of isomers is possible within the
25 specific chemical designation:
26 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
27 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
28 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
29 Pasaden)
30 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
31 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
32 Gamma-hydroxybutyric acid (other names include GHB;
33 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
34 oxybate; sodium oxybutyrate) (2010)
35 Mecloqualone (2572)
36 Methaqualone (2565)
37 (f) Stimulants. Unless specifically excepted or unless listed in
38 another schedule, any material, compound, mixture, or preparation that
39 contains any quantity of the following substances having a stimulant
40 effect on the central nervous system, including its salts, isomers, and
41 salts of isomers:
42 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
2025	IN 1332—LS 6348/DI 106 87
1 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590).
2 Amineptine (7-[(10,11-dihydro-5H- dibenzo[a,d]cyclohepten- 5-
3 yl)amino] heptanoic acid) (1219).
4 Aminorex (1585). Other names: aminoxaphen;
5 2-amino-5-phenyl-2-oxazoline; or
6 4,5-dihydro-5-phenyl-2-oxazolamine.
7 4,4'-Dimethylaminorex (4,4'-DMAR; 4,5-dihydro- 4-methyl-5-(4-
8 methylphenyl)- 2- oxazolamine; 4-methyl-5- (4-methylphenyl)-
9 4,5-dihydro-1,3-oxazol- 2-amine).
10 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
11 -1-one. Synonyms: BMDP, N-benzyl methylone,
12 3,4-Methylenedioxy-Nbenzylcathinone,
13 N-benzyl-3,4-methylenedioxycathinone.
14 Cathinone (1235). Some trade or other names:
15 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
16 2-aminopropiophenone; and norephedrone.
17 Fenethylline (1503).
18 N-Benzylpiperazine (7493). Other names: BZP; and
19 1-benzylpiperazine.
20 N-ethylamphetamine (1475).
21 Mesocarb (N-phenyl-N-(3-(1-
22 phenylpropan-2-yl)-1,2,3-oxadiazol-3- ium-5yl)carbamimidate)
23 (1227).
24 Methcathinone (1237). Some other trade names:
25 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
26 Monomethylpropion; UR 1431.
27 N, N-dimethylamphetamine (1480). Other names: N,
28 N-alpha-trimethyl-benzeneethanamine; and N,
29 N-alpha-trimethylphenethylamine.
30 Methiopropamine (N-methyl-1- (thiophen-2-yl) propan-2- amine)
31 (1478).
32 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
33 SECTION 23. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
34 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 8.5. (a) A person who keeps for sale, offers for
36 sale, delivers, or finances the delivery of a raw material, an instrument,
37 a device, or other object that is intended to be or that is designed or
38 marketed to be used primarily for:
39 (1) ingesting, inhaling, or otherwise introducing into the human
40 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
41 controlled substance;
42 (2) testing the strength, effectiveness, or purity of marijuana, hash
2025	IN 1332—LS 6348/DI 106 88
1 oil, hashish, salvia, a synthetic drug, or a controlled substance;
2 (3) enhancing the effect of a controlled substance;
3 (4) manufacturing, compounding, converting, producing,
4 processing, or preparing marijuana, hash oil, hashish, salvia, a
5 synthetic drug, or a controlled substance;
6 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
7 synthetic drug, or a controlled substance by individuals; or
8 (6) any purpose announced or described by the seller that is in
9 violation of this chapter;
10 commits a Class A infraction for dealing in paraphernalia.
11 (b) A person who knowingly or intentionally violates subsection (a)
12 commits a Class A misdemeanor. However, the offense is a Level 6
13 felony if the person has a prior unrelated judgment or conviction under
14 this section.
15 (c) This section does not apply to the following:
16 (1) Items marketed for use in the preparation, compounding,
17 packaging, labeling, or other use of marijuana, hash oil, hashish,
18 salvia, a synthetic drug, or a controlled substance as an incident
19 to lawful research, teaching, or chemical analysis and not for sale.
20 (2) Items marketed for or historically and customarily used in
21 connection with the planting, propagating, cultivating, growing,
22 harvesting, manufacturing, compounding, converting, producing,
23 processing, preparing, testing, analyzing, packaging, repackaging,
24 storing, containing, concealing, injecting, ingesting, or inhaling
25 of tobacco or any other lawful substance.
26 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
27 a syringe or needle as part of a program under IC 16-41-7.5.
28 (4) Any entity or person that provides funding to a qualified entity
29 (as defined in IC 16-41-7.5-3) to operate a program described in
30 IC 16-41-7.5.
31 SECTION 24. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
32 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 10. (a) A person who:
34 (1) knowingly or intentionally:
35 (A) manufactures;
36 (B) finances the manufacture of;
37 (C) delivers; or
38 (D) finances the delivery of;
39 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
40 (2) possesses, with intent to:
41 (A) manufacture;
42 (B) finance the manufacture of;
2025	IN 1332—LS 6348/DI 106 89
1 (C) deliver; or
2 (D) finance the delivery of;
3 marijuana, hash oil, hashish, or salvia, pure or adulterated;
4 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
5 misdemeanor, except as provided in subsections (b) through (d).
6 (b) A person may be convicted of an offense under subsection (a)(2)
7 only if:
8 (1) there is evidence in addition to the weight of the drug that the
9 person intended to manufacture, finance the manufacture of,
10 deliver, or finance the delivery of the drug; or
11 (2) the amount of the drug involved is at least
12 (A) ten (10) pounds, if the drug is marijuana; or
13 (B) three hundred (300) grams, if the drug is hash oil, hashish,
14 or salvia.
15 (c) The offense is a Level 6 felony if:
16 (1) the person has a prior conviction for a drug offense and the
17 amount of the drug involved is
18 (A) less than thirty (30) grams of marijuana; or
19 (B) less than five (5) grams of hash oil, hashish, or salvia; or
20 (2) the amount of the drug involved is
21 (A) at least thirty (30) grams but less than ten (10) pounds of
22 marijuana; or
23 (B) at least five (5) grams but less than three hundred (300)
24 grams of hash oil, hashish, or salvia.
25 (d) The offense is a Level 5 felony if:
26 (1) the person has a prior conviction for a drug dealing offense
27 and the amount of the drug involved is
28 (A) at least thirty (30) grams but less than ten (10) pounds of
29 marijuana; or
30 (B) at least five (5) grams but less than three hundred (300)
31 grams of hash oil, hashish, or salvia; or
32 (2) the:
33 (A) amount of the drug involved is
34 (i) at least ten (10) pounds of marijuana; or
35 (ii) at least three hundred (300) grams of hash oil, hashish,
36 or salvia; or
37 (B) offense involved a sale to a minor. or
38 (3) the:
39 (A) person is a retailer;
40 (B) marijuana, hash oil, hashish, or salvia is packaged in a
41 manner that appears to be low THC hemp extract; and
42 (C) person knew or reasonably should have known that the
2025	IN 1332—LS 6348/DI 106 90
1 product was marijuana, hash oil, hashish, or salvia.
2 (e) A retailer who:
3 (1) knowingly or intentionally:
4 (A) manufactures;
5 (B) finances the manufacture of;
6 (C) delivers; or
7 (D) finances the delivery of;
8 marijuana, hash oil, hashish, or salvia, pure or adulterated,
9 that is packaged in a manner that appears to be low THC
10 hemp extract; or
11 (2) possesses, with intent to:
12 (A) manufacture;
13 (B) finance the manufacture of;
14 (C) deliver; or
15 (D) finance the delivery of;
16 marijuana, hash oil, hashish, or salvia, pure or adulterated,
17 that is packaged in a manner that appears to be low THC
18 hemp extract;
19 commits dealing in mislabeled low THC hemp extract, a Level 5
20 felony, if the retailer knew or reasonably should have known that
21 the product was marijuana, hash oil, hashish, or salvia.
22 SECTION 25. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
23 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 11. (a) A person who
25 (1) knowingly or intentionally possesses (pure or adulterated)
26 marijuana, hash oil, hashish, or salvia
27 (2) knowingly or intentionally grows or cultivates marijuana; or
28 (3) knowing that marijuana is growing on the person's premises,
29 fails to destroy the marijuana plants;
30 commits possession of marijuana, hash oil, hashish, or salvia, a Class
31 B misdemeanor, except as provided in subsections (b) through (c).
32 (b) The offense described in subsection (a) is a Class A
33 misdemeanor if
34 (1) the person has a prior conviction for a drug offense. or
35 (2) the:
36 (A) marijuana, hash oil, hashish, or salvia is packaged in a
37 manner that appears to be low THC hemp extract; and
38 (B) person knew or reasonably should have known that the
39 product was marijuana, hash oil, hashish, or salvia.
40 (c) The offense described in subsection (a) is a Level 6 felony if:
41 (1) the person has a prior conviction for a drug offense; and
42 (2) the person possesses
2025	IN 1332—LS 6348/DI 106 91
1 (A) at least thirty (30) grams of marijuana; or
2 (B) at least five (5) grams of hash oil, hashish, or salvia.
3 (d) A person who:
4 (1) knowingly or intentionally possesses (pure or adulterated)
5 marijuana, hash oil, hashish, or salvia that is packaged in a
6 manner that appears to be low THC hemp extract; and
7 (2) knew or reasonably should have known that the product
8 was marijuana, hash oil, hashish, or salvia;
9 commits possession of mislabeled low THC hemp extract, a Class
10 A misdemeanor.
11 SECTION 26. IC 35-50-5-3, AS AMENDED BY P.L.144-2024,
12 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (i), (j), or
14 (l), or (m), in addition to any sentence imposed under this article for a
15 felony or misdemeanor, the court may, as a condition of probation or
16 without placing the person on probation, order the person to make
17 restitution to the victim of the crime, the victim's estate, or the family
18 of a victim who is deceased. The court shall base its restitution order
19 upon a consideration of:
20 (1) property damages of the victim incurred as a result of the
21 crime, based on the actual cost of repair (or replacement if repair
22 is inappropriate);
23 (2) medical and hospital costs incurred by the victim (before the
24 date of sentencing) as a result of the crime;
25 (3) the cost of medical laboratory tests to determine if the crime
26 has caused the victim to contract a disease or other medical
27 condition;
28 (4) earnings lost by the victim (before the date of sentencing) as
29 a result of the crime including earnings lost while the victim was
30 hospitalized or participating in the investigation or trial of the
31 crime; and
32 (5) funeral, burial, or cremation costs incurred by the family or
33 estate of a homicide victim as a result of the crime.
34 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
35 a judgment lien that:
36 (1) attaches to the property of the person subject to the order;
37 (2) may be perfected;
38 (3) may be enforced to satisfy any payment that is delinquent
39 under the restitution order by the person in whose favor the order
40 is issued or the person's assignee; and
41 (4) expires;
42 in the same manner as a judgment lien created in a civil proceeding.
2025	IN 1332—LS 6348/DI 106 92
1 (c) When a restitution order is issued under subsection (a), the
2 issuing court may order the person to pay the restitution, or part of the
3 restitution, directly to:
4 (1) the victim services division of the Indiana criminal justice
5 institute in an amount not exceeding:
6 (A) the amount of the award, if any, paid to the victim under
7 IC 5-2-6.1; and
8 (B) the cost of the reimbursements, if any, for emergency
9 services provided to the victim under IC 16-10-1.5 (before its
10 repeal) or IC 16-21-8; or
11 (2) a probation department that shall forward restitution or part of
12 restitution to:
13 (A) a victim of a crime;
14 (B) a victim's estate; or
15 (C) the family of a victim who is deceased.
16 The victim services division of the Indiana criminal justice institute
17 shall deposit the restitution it receives under this subsection in the
18 violent crime victims compensation fund established by IC 5-2-6.1-40.
19 (d) When a restitution order is issued under subsection (a), (i), (j),
20 or (l), or (m), the issuing court shall send a certified copy of the order
21 to the clerk of the circuit court in the county where the felony or
22 misdemeanor charge was filed. The restitution order must include the
23 following information:
24 (1) The name and address of the person that is to receive the
25 restitution.
26 (2) The amount of restitution the person is to receive.
27 Upon receiving the order, the clerk shall enter and index the order in
28 the circuit court judgment docket in the manner prescribed by
29 IC 33-32-3-2. The clerk shall also notify the department of insurance
30 of an order of restitution under subsection (i).
31 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
32 does not bar a civil action for:
33 (1) damages that the court did not require the person to pay to the
34 victim under the restitution order but arise from an injury or
35 property damage that is the basis of restitution ordered by the
36 court; and
37 (2) other damages suffered by the victim.
38 (f) Regardless of whether restitution is required under subsection (a)
39 as a condition of probation or other sentence, the restitution order is not
40 discharged by the completion of any probationary period or other
41 sentence imposed for a felony or misdemeanor.
42 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
2025	IN 1332—LS 6348/DI 106 93
1 not discharged by the liquidation of a person's estate by a receiver
2 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
3 IC 34-1-12, or IC 34-2-7 before their repeal).
4 (h) The attorney general may pursue restitution ordered by the court
5 under subsections (a) and (c) on behalf of the victim services division
6 of the Indiana criminal justice institute.
7 (i) The court may order the person convicted of an offense under
8 IC 35-43-9 to make restitution to the victim of the crime. The court
9 shall base its restitution order upon a consideration of the amount of
10 money that the convicted person converted, misappropriated, or
11 received, or for which the convicted person conspired. The restitution
12 order issued for a violation of IC 35-43-9 must comply with
13 subsections (b), (d), (e), and (g), and is not discharged by the
14 completion of any probationary period or other sentence imposed for
15 a violation of IC 35-43-9.
16 (j) The court may order the person convicted of an offense under
17 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
18 victim's estate, or the family of a victim who is deceased. The court
19 shall base its restitution order upon a consideration of the amount of
20 fraud or harm caused by the convicted person and any reasonable
21 expenses (including lost wages) incurred by the victim in correcting the
22 victim's credit report and addressing any other issues caused by the
23 commission of the offense under IC 35-43-5-3.5. If, after a person is
24 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
25 estate, or the family of a victim discovers or incurs additional expenses
26 that result from the convicted person's commission of the offense under
27 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
28 to require the convicted person to make restitution, even if the court
29 issued a restitution order at the time of sentencing. For purposes of
30 entering a restitution order after sentencing, a court has continuing
31 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
32 for five (5) years after the date of sentencing. Each restitution order
33 issued for a violation of IC 35-43-5-3.5 must comply with subsections
34 (b), (d), (e), and (g), and is not discharged by the completion of any
35 probationary period or other sentence imposed for an offense under
36 IC 35-43-5-3.5.
37 (k) The court shall order a person convicted of an offense under
38 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
39 equal to the greater of the following:
40 (1) The gross income or value to the person of the victim's labor
41 or services.
42 (2) The value of the victim's labor as guaranteed under the
2025	IN 1332—LS 6348/DI 106 94
1 minimum wage and overtime provisions of:
2 (A) the federal Fair Labor Standards Act of 1938, as amended
3 (29 U.S.C. 201-209); or
4 (B) IC 22-2-2 (Minimum Wage);
5 whichever is greater.
6 (l) The court shall order a person who:
7 (1) is convicted of dealing in methamphetamine under
8 IC 35-48-4-1.1 or manufacturing methamphetamine under
9 IC 35-48-4-1.2; and
10 (2) manufactured the methamphetamine on property owned by
11 another person, without the consent of the property owner;
12 to pay liquidated damages to the property owner in the amount of ten
13 thousand dollars ($10,000) or to pay actual damages to the property
14 owner, including lost rent and the costs of decontamination by a
15 qualified inspector certified under IC 16-19-3.1.
16 (m) The court shall order a person who:
17 (1) is convicted of dealing in marijuana under
18 IC 35-48-4-10(a)(1)(A); and
19 (2) manufactured the marijuana on property owned by another
20 person, without the consent of the property owner;
21 to pay liquidated damages to the property owner in the amount of two
22 thousand dollars ($2,000).
23 SECTION 27. IC 35-52-7-97 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 97. IC 7.1-8-12-13 defines a crime
26 concerning cannabis.
27 SECTION 28. IC 35-52-7-98 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 98. IC 7.1-8-14-9 defines a crime
30 concerning cannabis.
31 SECTION 29. IC 35-52-7-99 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2025]: Sec. 99. IC 7.1-8-15-5 defines a crime
34 concerning cannabis.
35 SECTION 30. IC 35-52-7-100 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2025]: Sec. 100. IC 7.1-8-19-3 defines a crime
38 concerning cannabis.
39 SECTION 31. IC 35-52-7-101 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2025]: Sec. 101. IC 7.1-8-19-4 defines a crime
42 concerning cannabis.
2025	IN 1332—LS 6348/DI 106 95
1 SECTION 32. IC 35-52-7-102 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 102. IC 7.1-8-19-6 defines a crime
4 concerning cannabis.
5 SECTION 33. IC 36-1-8.5-4, AS AMENDED BY P.L.122-2023,
6 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 4. As used in this chapter, "law enforcement
8 officer" means an individual who is employed or was formerly
9 employed as:
10 (1) a police officer (including a tribal police officer, a correctional
11 police officer, and a hospital police officer employed by a hospital
12 police department established under IC 16-18-4), sheriff,
13 constable, marshal, prosecuting attorney, special prosecuting
14 attorney, special deputy prosecuting attorney, the securities
15 commissioner, or the inspector general;
16 (2) a deputy of any of the persons specified in subdivision (1);
17 (3) an investigator for a prosecuting attorney or for the inspector
18 general;
19 (4) a conservation officer;
20 (5) an enforcement officer of the alcohol and tobacco commission
21 or of the cannabis commission; or
22 (6) an enforcement officer of the securities division of the office
23 of the secretary of state.
2025	IN 1332—LS 6348/DI 106