Indiana 2025 Regular Session

Indiana House Bill HB1630 Latest Draft

Bill / Introduced Version Filed 01/15/2025

                             
Introduced Version
HOUSE BILL No. 1630
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 6-8.1-1-1; IC 6-11; IC 7.1-8; 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 35-48;
IC 35-50-5-3; IC 35-52-7; IC 36-1-8.5-4.
Synopsis:  Cannabis legalization. Establishes a procedure for the
lawful production and sale of cannabis in Indiana. Makes conforming
amendments.
Effective:  July 1, 2025.
VanNatter, Moed, Bartels, Teshka
January 21, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025	IN 1630—LS 7524/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. 1630
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 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7 excise tax (IC 4-36-9); the gross income tax (IC 6-2.1) (repealed); the
8 utility receipts and utility services use taxes (IC 6-2.3) (repealed); the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 1630—LS 7524/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 1630—LS 7524/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 multilevel 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 1630—LS 7524/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, a
16 transport permit, 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) "Processor" means an individual, partnership, company,
25 or corporation holding a permit issued under IC 7.1-8-13 that
26 obtains cannabis from a grower and:
27 (A) extracts botanical compounds or cannabinoids from
28 the cannabis;
29 (B) creates a cannabis infused product; or
30 (C) prepares or packages cannabis or cannabis products
31 for retail sale for sale or transfer.
32 (14) "Retailer" means an individual, partnership, company,
33 or corporation that holds a permit under IC 7.1-8-15 and that,
34 in the ordinary course of the person's regular trade or
35 business:
36 (A) acquires any form of cannabis for the purpose of
37 resale; and
38 (B) transfers the cannabis or cannabis products to another
39 person for money or other consideration.
40 (15) "Statewide monitoring system" means the statewide
41 cannabis tracking and monitoring system established under
42 IC 7.1-8-16.
2025	IN 1630—LS 7524/DI 106 5
1 Chapter 2. Cannabis Commission
2 Sec. 1. The cannabis commission is established as an agency of
3 the executive branch of state government for purposes of
4 regulating the production and sale of cannabis or cannabis
5 products.
6 Sec. 2. The commission consists of four (4) members.
7 Sec. 3. (a) The commissioners shall be appointed by the
8 governor.
9 (b) A commissioner serves for a term that ends June 30 of the
10 next odd-numbered year after appointment. A commissioner is
11 eligible for reappointment.
12 (c) Not more than two (2) commissioners may belong to the
13 same political party.
14 (d) A commissioner may only be removed for cause.
15 Sec. 4. To be eligible for appointment as a commissioner an
16 individual must have the following qualifications:
17 (1) The individual may not be employed by the state in any
18 other capacity.
19 (2) The individual must have been an Indiana resident for at
20 least ten (10) years immediately preceding the appointment.
21 (3) The individual may not have a financial interest in a
22 cannabis permittee or in an entity governed by:
23 (A) this title;
24 (B) IC 4-29;
25 (C) IC 4-29.5;
26 (D) IC 4-31;
27 (E) IC 4-32.3;
28 (F) IC 4-33;
29 (G) IC 4-35; or
30 (H) IC 4-36.
31 (4) The individual may not have been convicted within ten
32 (10) years before the date of appointment of:
33 (A) a federal crime having a sentence of greater than one
34 (1) year;
35 (B) a Class A, Class B, or Class C felony (for a crime
36 committed before July 1, 2014) or a Level 1, Level 2, Level
37 3, Level 4, or Level 5 felony (for a crime committed after
38 June 30, 2014); or
39 (C) a crime in another state that is substantially similar to
40 a crime described in clause (B).
41 Sec. 5. The governor shall appoint one (1) of the commissioners
42 to serve as chairperson of the commission. The governor also shall
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1 appoint one (1) of the commissioners to serve as chairperson pro
2 tempore in the absence of the chairperson. The chairperson and
3 chairperson pro tempore serve at the pleasure of the governor.
4 Sec. 6. A commissioner appointed to fill a vacancy shall serve
5 only for the remainder of the unexpired term.
6 Sec. 7. (a) As compensation for services, each commissioner is
7 entitled to the minimum salary per diem provided by
8 IC 4-10-11-2.1(b). A commissioner is also entitled to
9 reimbursement for traveling expenses as provided under
10 IC 4-13-1-4 and other expenses actually incurred in connection
11 with the commissioner's duties as provided in the state policies and
12 procedures established by the Indiana department of
13 administration and approved by the budget agency.
14 (b) The expenses of the commission shall be paid from funds
15 appropriated to the commission.
16 Sec. 8. (a) Each commissioner shall execute:
17 (1) a surety bond in the amount of ten thousand dollars
18 ($10,000), with surety approved by the governor; and
19 (2) an oath of office.
20 The surety bond and the oath of office shall be filed in the office of
21 the secretary of state.
22 (b) The required surety bond executed and filed on behalf of a
23 commissioner, an enforcement officer (under IC 7.1-8-5), or the
24 prosecutor (under IC 7.1-8-3) shall be made payable to the state of
25 Indiana and conditioned upon the faithful discharge of the bonded
26 party's respective duties.
27 Sec. 9. (a) Three (3) members of the commission constitute a
28 quorum for the transaction of business.
29 (b) Each commissioner has one (1) vote.
30 (c) Action of the commission may be taken only upon the
31 affirmative votes of at least two (2) commissioners. If a vote of the
32 commission is a tie, the position for which the chairperson voted
33 prevails, as long as that position has received the affirmative votes
34 of at least two (2) commissioners.
35 Sec. 10. The commission shall hold regular meetings on at least
36 a quarterly basis. The commission may hold special meetings
37 whenever the commission deems it necessary. The procedure for
38 the calling of a special meeting shall be provided for in the rules of
39 the commission. The commission has the power to adjourn, from
40 time to time, both regular and special meetings. In no event,
41 however, shall the adjournment be later than the next regular
42 meeting date.
2025	IN 1630—LS 7524/DI 106 7
1 Sec. 11. A commissioner may not solicit or accept a political
2 contribution from any person or entity that has a permit or has
3 applied for a permit issued by the commission. However, the right
4 of a commissioner to vote as the commissioner chooses and to
5 express the commissioner's opinions on political subjects and
6 candidates may not be impaired.
7 Sec. 12. (a) As used in this section, "fund" means the cannabis
8 regulation fund established by subsection (b).
9 (b) The cannabis regulation fund is established for the purpose
10 of implementing, administering, and enforcing this article. The
11 fund shall be administered by the commission.
12 (c) The fund consists of taxes, fees, and civil penalties collected
13 under this article.
14 (d) The expenses of administering the fund shall be paid from
15 money in the fund.
16 (e) The treasurer of state shall invest money in the fund not
17 currently needed to meet the obligations of the fund in the same
18 manner as other public money may be invested. Interest that
19 accrues from these investments shall be deposited in the fund.
20 (f) Money in the fund at the end of a state fiscal year reverts to
21 the state general fund.
22 Chapter 3. Office of the Prosecutor
23 Sec. 1. The office of the prosecutor is established within the
24 commission.
25 Sec. 2. The prosecutor shall be appointed by the governor for a
26 term of four (4) years to be served at the pleasure of the governor.
27 The prosecutor must be a resident of Indiana and licensed to
28 practice law in Indiana.
29 Sec. 3. The prosecutor shall execute a surety bond in the amount
30 of five thousand dollars ($5,000), with surety approved by the
31 governor, and an oath of office, both of which shall be filed in the
32 office of the secretary of state.
33 Sec. 4. As compensation for services, the prosecutor shall
34 receive an annual salary to be fixed in the same manner that the
35 salaries of other state officials are fixed. In addition to the annual
36 salary, the prosecutor shall be reimbursed for traveling and other
37 expenses necessarily incurred while away from the office carrying
38 out prosecutorial duties.
39 Sec. 5. The prosecutor has the following powers and duties:
40 (1) To prosecute before the commission all violations of laws
41 pertaining to cannabis or cannabis products.
42 (2) To prosecute before the commission all violations of the
2025	IN 1630—LS 7524/DI 106 8
1 rules of the commission.
2 (3) To assist the prosecuting attorneys of the various judicial
3 circuits in the investigation and prosecution of violations of
4 laws pertaining to cannabis or cannabis products.
5 (4) To appear before grand juries to assist in their
6 investigations into matters pertaining to cannabis or cannabis
7 products.
8 (5) To establish a seal of office.
9 (6) To administer oaths and to do all other acts authorized by
10 law for notaries public.
11 (7) To employ, with the consent of the commission and at
12 salaries fixed by the commission in its budget, the clerical staff
13 required to effectively discharge the duties of the prosecutor.
14 Sec. 6. The commission shall provide the prosecutor with
15 appropriate office space and all necessary office supplies and
16 services. All claims for salaries and necessary expenses of the office
17 of the prosecutor shall be allowed and approved and paid by the
18 commission.
19 Chapter 4. Executive Director
20 Sec. 1. The commission shall employ an executive director to aid
21 the commission in the efficient administration of its powers and
22 duties.
23 Sec. 2. The executive director's compensation shall be approved
24 annually by the commission.
25 Sec. 3. The commission may by resolution assign to the executive
26 director any duty imposed upon the commission by this article.
27 Sec. 4. The executive director shall perform the duties assigned
28 to the executive director by the commission. The executive director
29 may exercise any power conferred upon the commission by this
30 article that is consistent with the duties assigned to the executive
31 director under this chapter.
32 Sec. 5. In addition to any salary paid under this chapter, the
33 executive director is entitled to reimbursement for traveling
34 expenses and other expenses actually incurred in connection with
35 the executive director's duties, as provided in the state policies and
36 procedures established by the Indiana department of
37 administration and approved by the budget agency.
38 Chapter 5. Enforcement Officers
39 Sec. 1. The commission may employ a superintendent of the
40 enforcement officers and qualified individuals to serve as
41 enforcement officers of the commission.
42 Sec. 2. The superintendent of the enforcement officers must
2025	IN 1630—LS 7524/DI 106 9
1 have at least ten (10) years experience as an active law enforcement
2 officer, at least five (5) years of which must have been in a
3 management capacity.
4 Sec. 3. An enforcement officer who has completed the required
5 training at the Indiana law enforcement academy is vested with full
6 police powers and duties to enforce:
7 (1) the provisions of this article; and
8 (2) any other Indiana law relating to cannabis and cannabis
9 products.
10 Sec. 4. An enforcement officer may issue a summons for
11 infraction or misdemeanor violations if the defendant promises to
12 appear by signing the summons. A defendant who fails to appear
13 is subject to the penalties provided by IC 35-44.1-2-10. Upon
14 failure to appear, the court shall issue a warrant for the arrest of
15 the defendant.
16 Sec. 5. An enforcement officer may act as an officer for the
17 arrest of offenders against Indiana law if the enforcement officer
18 reasonably believes that a crime is or is about to be committed or
19 attempted in the enforcement officer's presence.
20 Sec. 6. Each enforcement officer shall execute a surety bond in
21 the amount of one thousand dollars ($1,000), with surety approved
22 by the commission, and an oath of office, both of which shall be
23 filed with the commission.
24 Sec. 7. An eligible enforcement officer who retires with at least
25 twenty (20) years of service as an enforcement officer may retain
26 the officer's service weapon. The officer is entitled to receive, in
27 recognition of the officer's service to the commission and to the
28 public, a badge that indicates that the officer is retired. The
29 commission shall issue the officer who is retiring an identification
30 card stating the officer's name and rank, signifying that the officer
31 is retired, and noting the officer's authority to retain the service
32 weapon.
33 Sec. 8. The commission has the power to employ and remove at
34 will all necessary employees, and to fix their duties, authority, and,
35 with proper approval, compensation.
36 Sec. 9. The superintendent of the enforcement officers may
37 discharge a nonprobationary enforcement officer for just cause.
38 The commission shall adopt rules to establish a probationary
39 period and a procedure for the adjudication of the propriety of the
40 discharge of a nonprobationary enforcement officer.
41 Sec. 10. (a) The commission shall categorize salaries of
42 enforcement officers within each rank based upon the rank held
2025	IN 1630—LS 7524/DI 106 10
1 and the number of years of service in the commission through the
2 twentieth year. The salary ranges that the commission assigns to
3 each rank shall be divided into a base salary and twenty (20)
4 increments above the base salary with:
5 (1) the base salary in the rank paid to a person with less than
6 one (1) year of service in the commission; and
7 (2) the highest salary in the rank paid to a person with at least
8 twenty (20) years of service in the commission.
9 (b) The salary matrix prescribed by this section shall be
10 reviewed and approved by the budget agency before
11 implementation.
12 (c) The salary matrix prescribed by this section must have
13 parity with the salary matrix prescribed by the natural resources
14 commission under IC 14-9-8 for conservation officers of the
15 department of natural resources. The budget agency shall approve
16 a salary matrix that meets the parity requirement of this
17 subsection.
18 Chapter 6. Duties and Responsibilities of the Commission
19 Sec. 1. The chairperson is the presiding officer at the meetings
20 of the commission. The chairperson shall prepare, certify, and
21 authenticate all proceedings, minutes, records, and rules of the
22 commission. The chairperson or the chairperson's designee also
23 shall perform all other duties as imposed by this article.
24 Sec. 2. The commission has the power to organize its work and
25 carry on the functions of the commission and to enforce and
26 administer the provisions of this article and the rules of the
27 commission.
28 Sec. 3. The commission, in accordance with IC 5-15-5.1, has the
29 power to prescribe the forms for all applications, permits, licenses,
30 certificates, and other documents and records used in the
31 administration of this article.
32 Sec. 4. The commission has the power to:
33 (1) hold hearings before the commission or its representative;
34 (2) take testimony and receive evidence;
35 (3) conduct inquiries with or without hearings;
36 (4) receive reports of investigators or other governmental
37 officers and employees;
38 (5) administer oaths;
39 (6) subpoena witnesses and compel them to appear and
40 testify;
41 (7) issue and enforce subpoenas duces tecum;
42 (8) take or institute proceedings to enforce subpoenas and the
2025	IN 1630—LS 7524/DI 106 11
1 rules, orders, or requirements of the commission or its
2 representative;
3 (9) fix the compensation paid to witnesses appearing before
4 the commission;
5 (10) establish and use the seal of the commission;
6 (11) certify copies of records of the commission or any other
7 document or record on file with the commission;
8 (12) fix the form, mode, manner, time, and number of times
9 for the posting or publication of any required notices if not
10 otherwise provided in this article;
11 (13) issue letters of extension as authorized by this article; and
12 (14) hold permits on deposit as authorized by this article.
13 Sec. 5. (a) The commission shall prepare a quarterly report that
14 describes the violations by permittees subject to an enforcement
15 action under this article. Beginning in January 2026, the
16 commission shall issue the quarterly reports on or before the
17 fifteenth day of:
18 (1) January, concerning violations committed during the
19 preceding quarter consisting of the months of October
20 through December;
21 (2) April, concerning violations committed during the
22 preceding quarter consisting of the months of January
23 through March;
24 (3) July, concerning violations committed during the
25 preceding quarter consisting of the months of April through
26 June; and
27 (4) October, concerning violations committed during the
28 preceding quarter consisting of the months of July through
29 September.
30 (b) The commission's quarterly report must provide
31 noncompliance violations by:
32 (1) business listing;
33 (2) permit type; and
34 (3) county.
35 (c) The commission shall post the quarterly reports on the
36 commission's website. The commission shall:
37 (1) prepare a report annually that compiles the violations for
38 the preceding calendar year; and
39 (2) provide the report to the legislative council not later than
40 February 1 of each year in an electronic format under
41 IC 5-14-6.
42 Sec. 6. The commission has the authority to petition the circuit
2025	IN 1630—LS 7524/DI 106 12
1 or superior court of the county in which the hearing or
2 investigation is being held to compel obedience to the lawful
3 requirements of its subpoena under this chapter.
4 Sec. 7. The commission is responsible for the enforcement and
5 administration of this article.
6 Sec. 8. The commission shall adopt rules in accordance with
7 IC 4-22-2 to implement and administer this article.
8 Sec. 9. The commission has the power to adopt rules governing
9 the following:
10 (1) The conduct of the meetings and business of the
11 commission.
12 (2) The conduct of hearings before any of the commission's
13 representatives.
14 (3) The conduct of the business of a permittee authorized or
15 governed by the provisions of this article.
16 (4) The enforcement of the provisions of this article and of the
17 rules of the commission.
18 (5) The standards of purity and methods of processing used in
19 the production of cannabis and cannabis products.
20 (6) The prevention of misbranding or adulteration of cannabis
21 and cannabis products.
22 (7) The prevention of fraud, evasion, trickery, or deceit in the
23 processing, labeling, advertisement, transportation, or sale of
24 cannabis or cannabis products, or the evasion of other
25 Indiana law relating to cannabis or cannabis products.
26 Sec. 10. The commission shall adopt rules to do the following:
27 (1) Establish safety and security standards for facilities used
28 for the growth, processing, testing, storage, or sale of cannabis
29 and cannabis products.
30 (2) Mandate periodic training for persons employed in a
31 facility used for the growth, processing, testing, storage, or
32 sale of cannabis.
33 (3) Establish or approve training and other programming for
34 persons employed in a facility used for the growth, processing,
35 testing, storage, or sale of cannabis.
36 Chapter 7. Regulation of Permits and Permittees
37 Sec. 1. The commission has the discretionary authority to issue,
38 deny, suspend, revoke, or not renew all permits and certificates
39 authorized by this article, unless the exercise of discretion or
40 authority is limited by applicable provisions of this article.
41 Sec. 2. (a) The commission shall prepare and maintain, available
42 for public inspection, a registry of all permits issued by the
2025	IN 1630—LS 7524/DI 106 13
1 commission, categorized by type of permit and by the type of
2 establishment to which the permit is issued. The registry of permits
3 must:
4 (1) be subdivided on a county by county basis, and further
5 subdivided by city, town, and unincorporated area;
6 (2) contain the number of permits authorized by the quota,
7 and the number of permits currently issued;
8 (3) contain the name of the owner of the permit, the address
9 of the permitted premises, the assumed business name under
10 which the business is conducted, and, if a corporation, the
11 names of the president and secretary; and
12 (4) be made current annually, to indicate by specific notation
13 any new permits that were issued or any existing permits that
14 were transferred in any manner within the prior year.
15 (b) The registry of permits is a public record.
16 Sec. 3. The commission has the power to investigate applicants
17 and permittees, and any violation of a provision of this article and
18 of the rules of the commission, and to report its findings to the
19 prosecuting attorney or the grand jury of the county in which the
20 violation occurred, or to the attorney general.
21 Sec. 4. The commission has the power to prohibit the sale,
22 transportation, or movement of cannabis or cannabis products
23 when, in the judgment of the commission, it is necessary during a
24 time of public emergency, civil disturbance, riot, or epidemic. The
25 prohibition may be imposed without prior notice or advertisement
26 and may be continued in force as long as the need continues.
27 Sec. 5. (a) The commission has the power to examine, inspect,
28 and search a permitted premises or a vehicle where cannabis or
29 cannabis products are kept, processed, or sold.
30 (b) The commission has the power to seize cannabis or cannabis
31 products, or any other personal property when the seizure is lawful
32 under the provisions of this article.
33 Sec. 6. The commission has the power to prevent a part of the
34 premises connected with, or in any way used in connection with, a
35 permitted premises, from being used as a subterfuge or means of
36 evading the provisions of this article or of the rules of the
37 commission.
38 Sec. 7. The commission has the power to set standards of
39 cleanliness and sanitation for a permitted premises and for the
40 apparatus, equipment, utensils, accessories, articles, and fixtures
41 used or employed in the permitted premises.
42 Sec. 8. The commission has the power to require the destruction
2025	IN 1630—LS 7524/DI 106 14
1 or removal of cases, containers, apparatuses, or devices, used or
2 likely to be used, in evading, violating, or preventing the
3 enforcement of the provisions of this article or of the rules of the
4 commission.
5 Sec. 9. (a) The commission has the power to regulate and
6 prohibit advertising, signs, displays, posters, and designs intended
7 to advertise cannabis, a cannabis product, or the place where
8 cannabis or cannabis products are sold.
9 (b) The commission may not exercise the prohibition power
10 contained in subsection (a) as to any advertisement broadcast over
11 licensed radio and television stations.
12 (c) All advertisements relating to cannabis or cannabis products
13 must conform to the rules of the commission.
14 (d) The commission shall not exercise the prohibition power
15 contained in subsection (a) as to advertising in the official program
16 of the Indianapolis 500 Race.
17 (e) Notwithstanding any other law, the commission may not
18 prohibit the use of an illuminated sign advertising cannabis or
19 cannabis products by brand name that is displayed within the
20 interior or on the exterior of the premises covered by the permit,
21 regardless of whether the sign is illuminated constantly or
22 intermittently.
23 (f) The commission may not prohibit the advertisement of:
24 (1) cannabis or cannabis products; or
25 (2) a place where cannabis or cannabis products may be
26 obtained;
27 in a program, scorecard, handbill, throw-away newspaper, or
28 menu. However, advertisements described in this subsection must
29 conform to the rules of the commission.
30 (g) Cannabis or cannabis products must be marketed or
31 advertised as "cannabis" for use only by persons at least
32 twenty-one (21) years of age.
33 (h) Cannabis or cannabis products may not be marketed or
34 advertised to persons less than twenty-one (21) years of age. The
35 commission shall determine whether a sponsorship is marketed or
36 advertised to a person less than twenty-one (21) years of age.
37 (i) Cannabis or cannabis products may not be advertised on any
38 television program, radio program, website, or print publication
39 unless there is reliable evidence that seventy percent (70%) of the
40 audience is reasonably expected to be at least twenty-one (21) years
41 of age.
42 (j) Any cannabis or cannabis products advertised must bear a
2025	IN 1630—LS 7524/DI 106 15
1 warning label stating the following:
2 "For use by adults only. Keep out of reach of children. It is
3 illegal to drive a motor vehicle while under the influence of
4 cannabis. National Poison Control Center 1-800-222-1222.".
5 Sec. 10. (a) As used in this section, "facility" includes the
6 following:
7 (1) A facility permitted under this article.
8 (2) A tract that contains a premises permitted under this
9 article.
10 (3) A horse track or satellite facility.
11 (4) A riverboat or racetrack.
12 (5) A tract that contains an entertainment complex.
13 (b) As used in this section, "tract" has the meaning set forth in
14 IC 6-1.1-1-22.5.
15 (c) A facility may advertise cannabis or cannabis products:
16 (1) in the facility's interior; or
17 (2) on the facility's exterior.
18 (d) The commission may not exercise the prohibition power
19 contained in this chapter on advertising by a permittee in or on a
20 facility.
21 (e) A facility may provide advertising to a permittee in exchange
22 for compensation from that permittee.
23 Sec. 11. The commission has the power to require the
24 registration of all brands, formulas, analyses, and labels used or
25 proposed to be used in selling or advertising cannabis or cannabis
26 products. The commission does not have the power to require the
27 disclosure of formulas that are verified trade secrets.
28 Sec. 12. The commission has the power to regulate the modes
29 and methods of dealing in, and the transportation of, cannabis and
30 cannabis products.
31 Sec. 13. The commission has the power to:
32 (1) prescribe the manner and methods by which all records
33 relating to cannabis or cannabis products are kept and
34 preserved;
35 (2) inspect all records relating to cannabis or cannabis
36 products; and
37 (3) require true copies of any record to be made and furnished
38 to the commission.
39 Sec. 14. The commission may require that, before the
40 transportation of cannabis or cannabis products into Indiana by an
41 authorized permittee, the permittee shall submit written, verified
42 information concerning the proposed transportation and execute
2025	IN 1630—LS 7524/DI 106 16
1 and file any documents required. The commission has the power to
2 inspect the shipments in transit and the vehicle used in the
3 transportation.
4 Sec. 15. The commission, unless otherwise specifically
5 prohibited, may delegate the powers and duties conferred on it in
6 this article to responsible employees of the commission. However,
7 the commission bears ultimate responsibility.
8 Sec. 16. The members of the commission and their officers and
9 employees are immune from civil liability for an act or omission
10 done under the authority, or the color of authority, conferred by
11 this article or by a rule or order of the commission, unless the act
12 or omission constitutes gross negligence or willful or wanton
13 misconduct.
14 Sec. 17. The commission and the chairperson have, in addition
15 to the express powers enumerated in this article, the authority to
16 exercise all powers necessary and proper to carry out the policies
17 of this article and to promote efficient administration by the
18 commission.
19 Chapter 8. Searches and Seizures
20 Sec. 1. A circuit or superior court may issue a warrant to search
21 a house or other place for cannabis, cannabis products, or another
22 article that is being possessed, kept, sold, bartered, given away,
23 used, or transported in violation of this article.
24 Sec. 2. The warrant shall be directed to the officer, agent, or
25 employee of the commission who filed the affidavit for the warrant
26 and otherwise it shall be directed to any officer who has the power
27 to serve criminal process. The warrant shall be served by the
28 person to whom it was issued in the daytime or nighttime and the
29 return made within twenty (20) days from the date of issue.
30 Sec. 3. The officer who serves the warrant shall seize any article
31 described in the warrant and any other article found during the
32 search that is used in the violation of a provision of this article and
33 hold the article in the same manner as other items seized pursuant
34 to a search warrant are held.
35 Sec. 4. A person has no property right of any kind in:
36 (1) cannabis or a cannabis product possessed contrary to law;
37 (2) a receptacle or container holding cannabis or a cannabis
38 product possessed contrary to law;
39 (3) an unlawful or prohibited receptacle or container; or
40 (4) a receptacle or container that violates a rule of the
41 commission or that is being used in a manner that violates a
42 rule of the commission.
2025	IN 1630—LS 7524/DI 106 17
1 Sec. 5. Testimony concerning the appearance, taste, or odor of
2 cannabis or a cannabis product is admissible as evidence in a
3 criminal prosecution or in a proceeding before the commission.
4 Sec. 6. An unbroken cannabis container with a label altered so
5 that it does not describe the cannabis accurately is admissible as
6 evidence in a court.
7 Sec. 7. The court shall receive oral testimony upon a matter
8 referred to in this chapter for the purpose of showing a violation of
9 this article whether the container is offered in evidence or not.
10 Sec. 8. (a) If a substance is removed or destroyed before it is
11 able to be seized under this chapter, the trier of fact may infer that
12 the substance was cannabis or a cannabis product possessed in
13 violation of this article.
14 (b) Proof of the possession of an empty container permits a trier
15 of fact to infer that the person who possessed the container
16 possessed cannabis or a cannabis product.
17 Chapter 9. Public Nuisances
18 Sec. 1. The following are declared to be a public nuisance:
19 (1) A premises, vehicle, or place of any kind where at least one
20 (1) of the following occurs:
21 (A) Cannabis or a cannabis product of any type is
22 possessed in violation of Indiana law or a rule of the
23 commission.
24 (B) A person is permitted to use the premises, vehicle, or
25 place for the purpose of consuming cannabis or cannabis
26 products in violation of Indiana law or a rule of the
27 commission.
28 (2) A place where cannabis or cannabis products are kept for
29 delivery in violation of Indiana law or in violation of a rule of
30 the commission.
31 (3) The business property of a person who knowingly or
32 intentionally possesses cannabis or cannabis products in
33 violation of Indiana law or a rule of the commission.
34 Sec. 2. The plaintiff in an action to abate a public nuisance
35 under this chapter must prove that the owner of the business had
36 actual knowledge of the actions alleged to constitute a nuisance.
37 Sec. 3. In determining whether an owner should be held liable
38 for failing to abate a public nuisance under this chapter, the court
39 shall consider the efforts the owner took to abate the public
40 nuisance, including whether the law enforcement agency that
41 serves the owner's property was notified by the owner or the
42 owner's employee of the actions alleged to constitute the public
2025	IN 1630—LS 7524/DI 106 18
1 nuisance.
2 Sec. 4. If a permittee violates this article on a premises or in a
3 vehicle where cannabis or a cannabis product is kept, the premises
4 or vehicle is a public nuisance.
5 Sec. 5. Untaxed cannabis, the receptacle in which it is contained,
6 and the premises or vehicle where it is kept constitute a public
7 nuisance.
8 Sec. 6. (a) The following may bring an action to abate a public
9 nuisance or a violation of this article:
10 (1) The commission.
11 (2) The chairperson of the commission.
12 (3) The attorney general.
13 (4) The prosecuting attorney exercising jurisdiction in the
14 county where the public nuisance or violation occurs.
15 (5) A permittee.
16 (6) A resident of the county where the public nuisance or
17 violation occurs.
18 (b) The court may grant a temporary restraining order, a
19 preliminary injunction, a permanent injunction, and any other
20 relief authorized under Indiana law.
21 Sec. 7. A prevailing plaintiff in an action brought to abate a
22 nuisance is entitled to, at the discretion of the court:
23 (1) an order that the premises be closed for a period of one (1)
24 year; or
25 (2) an order that the premises be closed for a period of less
26 than one (1) year and an award of liquidated damages in an
27 amount of not less than one thousand dollars ($1,000) and not
28 more than twenty-five thousand dollars ($25,000) to the state
29 of Indiana.
30 Sec. 8. An action authorized by this chapter shall be brought in
31 the name of the state of Indiana on the relation of the commission.
32 The commission may be represented by an attorney selected by it,
33 by the attorney general, or by a deputy or assistant attorney
34 general assigned by the attorney general for the purpose of
35 instituting or conducting the action, or by both.
36 Sec. 9. The remedies authorized by this chapter are cumulative
37 and nonexclusive. The remedies provided in this article do not
38 affect the power of the commission to revoke a permit.
39 Chapter 10. Jurisdiction and Miscellaneous Judicial
40 Proceedings
41 Sec. 1. An action brought against the commission, or against the
42 chairperson as the chairperson, shall be brought in the circuit or
2025	IN 1630—LS 7524/DI 106 19
1 superior court of Marion County unless otherwise specifically
2 provided in this article.
3 Sec. 2. The commission may bring an action for declaratory
4 judgment under IC 34-14-1-1.
5 Chapter 11. Issuance of Permits Generally
6 Sec. 1. The following definitions apply throughout this chapter:
7 (1) "Minority" means a person identified as:
8 (A) Black;
9 (B) Native American;
10 (C) Asian American; or
11 (D) Hispanic.
12 (2) "Owned and controlled" means:
13 (A) ownership of at least fifty-one percent (51%) of the
14 enterprise, including corporate stock of a corporation;
15 (B) control over the management and being active in the
16 day to day operations of the business; and
17 (C) an interest in the capital, assets, and profits and losses
18 of the business proportionate to the percentage of
19 ownership.
20 (3) "Veteran" means an individual who:
21 (A) has previously:
22 (i) served on active duty in any branch of the armed
23 forces of the United States or their reserves, or in the
24 Indiana National Guard; and
25 (ii) received an honorable discharge from service; or
26 (B) is currently serving in:
27 (i) any branch of the armed forces of the United States or
28 their reserves; or
29 (ii) the Indiana National Guard.
30 Sec. 2. (a) The commission may issue only the types of permits
31 authorized by this article subject to the applicable provisions of
32 this article.
33 (b) Beginning July 1, 2025, the commission shall accept
34 applications for cannabis permits.
35 Sec. 3. A permit:
36 (1) is a revocable privilege granted by the state; and
37 (2) is not a property right.
38 Sec. 4. The commission may issue a permit under this article
39 only to:
40 (1) an individual;
41 (2) a partnership;
42 (3) a limited liability company; or
2025	IN 1630—LS 7524/DI 106 20
1 (4) a corporation organized and existing under Indiana law.
2 Sec. 5. (a) Except as provided in subsection (b), the commission
3 shall issue not less than fifteen percent (15%) of allowable permits
4 under this article to businesses owned and controlled by one (1) or
5 more:
6 (1) minorities; or
7 (2) veterans.
8 (b) If an insufficient number of qualifying applications are by a
9 person described in subsection (a), the commission shall issue
10 permits in the usual way.
11 Sec. 6. (a) Except as otherwise provided in this article, a permit
12 issued by the commission is valid for one (1) calendar year,
13 including the day upon which it is granted. At the end of the one (1)
14 year period, the permit expires and is void.
15 (b) The commission shall timely process a permittee's
16 application for renewal of a permit unless the permittee receives a
17 notice of a violation from the office of the prosecutor.
18 (c) The commission may timely process an application for
19 renewal of a permit filed by a permittee who receives notice of a
20 violation as described in subsection (f) if the chairperson or the
21 chairperson's designee authorizes the application for renewal of
22 the permit to be timely processed.
23 (d) A permittee may file an application for renewal of a permit
24 not later than thirty (30) days after the date the permit expires.
25 (e) If a permittee does not file an application for renewal of a
26 permit within the time provided in subsection (d), the permit
27 reverts to the commission. At least thirty (30) days before the date
28 that a permit reverts to the commission, the commission shall
29 provide written notice to the permittee informing the permittee of
30 the date that the permittee's permit will revert to the commission.
31 (f) The chairperson or the chairperson's designee may allow the
32 permittee to renew the permit after the date the permit expires
33 only if the permittee provides evidence that the permittee is
34 engaged in an administrative or court proceeding that prevents the
35 permittee from renewing the permit.
36 (g) A permit is effective upon the final approval of the
37 commission. Upon final approval of a permit, and upon the request
38 of the permittee, the commission shall provide the permittee with
39 a letter of authority to operate. The letter of authority to operate
40 constitutes authorization for the permittee to perform the actions
41 allowed under the permit until the date the permittee receives the
42 permit issued by the commission.
2025	IN 1630—LS 7524/DI 106 21
1 Sec. 7. (a) The chairperson or the chairperson's designee may
2 issue an original letter of extension extending the term of a permit
3 for a maximum period of ninety (90) days for good cause shown
4 upon the written request of the permittee and payment of the fee,
5 if required.
6 (b) Upon the expiration of an original letter of extension, or any
7 renewal thereof, if good cause still exists, subsequent renewals of
8 the extension may be granted to the permittee only upon the
9 affirmative vote of a majority of the members of the commission.
10 Sec. 8. The commission shall issue a permit authorized by this
11 article only upon proper application. The application shall be in
12 writing, and verified, upon forms prescribed and furnished by the
13 commission. The application shall contain the terms and
14 information required by this article or by the rules of the
15 commission. The appropriate surety bond, if required, must be
16 submitted with the application.
17 Sec. 9. An application for a permit shall contain the express
18 statement of the applicant that, if a permit is issued to the
19 applicant, the applicant consents for the duration of the permit
20 term to the entrance, inspection, and search by an enforcement
21 officer, without a warrant or other process, of the applicant's
22 permitted premises and vehicles to determine whether the
23 applicant is complying with the provisions of this article. The
24 consent required by this section is renewed and continued by the
25 retention of a permit or its use by a permittee.
26 Sec. 10. An application for a permit to sell cannabis or cannabis
27 products of any kind, and the required publication of notice, must
28 disclose the name of the applicant and the specific property
29 address where the cannabis or cannabis products are to be sold,
30 and any assumed business name under which the business will be
31 conducted. The application and notice also must disclose:
32 (1) the names of the executive officers of the corporation,
33 company, or other entity responsible for the sale of cannabis
34 or the cannabis product to the public; and
35 (2) the website where a member of the public may access the
36 information in subdivision (1).
37 Sec. 11. An applicant must have a vested legal interest in the
38 property address listed on the permit application.
39 Sec. 12. (a) As used in this section, "immediate family member"
40 means a spouse, parent, child, sibling, father-in-law, or
41 mother-in-law.
42 (b) The commission may not issue a permit under this chapter
2025	IN 1630—LS 7524/DI 106 22
1 to an individual who is an immediate family member of a current
2 permittee.
3 Sec. 13. (a) On receipt of a completed permit application under
4 this chapter, the commission shall forward a copy of the
5 application to the state police department.
6 (b) The state police department shall perform a national
7 criminal history background check of the applicant and return the
8 application to the commission along with the results from the
9 national criminal history background check. The commission is
10 responsible for the cost of the national criminal history
11 background check.
12 (c) The commission shall review the permit application after
13 receipt of the results from the state police department. The
14 commission shall grant or deny a completed application for a
15 permit within sixty (60) days after receipt of the application. If the
16 commission determines that:
17 (1) all the requirements under this article have been met; and
18 (2) the applicant has not been convicted within ten (10) years
19 before the date of application of:
20 (A) a federal crime having a sentence of more than one (1)
21 year;
22 (B) a Class A, Class B, or Class C felony (for a crime
23 committed before July 1, 2014) or a Level 1, Level 2, Level
24 3, Level 4, or Level 5 felony (for a crime committed after
25 June 30, 2014); or
26 (C) a crime in another state that is substantially similar to
27 a crime described in clause (B);
28 the commission shall approve the application for issuance of the
29 permit.
30 (d) The commission may deny a permit application if it finds
31 that the applicant has been adjudicated against in a civil
32 proceeding regarding the cannabis or hemp industry.
33 (e) If the completed application for a permit is denied, the
34 commission must state the reasons for the denial. If a completed
35 application is denied under this section, the applicant may reapply
36 within thirty (30) days after the date of the denial. There is no
37 application fee for a reapplication under this subsection.
38 (f) A permit issued under this chapter expires one (1) year after
39 the date on which the permit was issued, unless revoked.
40 Sec. 14. An applicant for a permit issued pursuant to this article
41 shall file with the commission a surety bond in the sum of fifteen
42 thousand dollars ($15,000).
2025	IN 1630—LS 7524/DI 106 23
1 Sec. 15. (a) The required surety bond of an applicant must be
2 approved by the commission. The bond must be made payable to
3 the state and may be forfeited if the applicant:
4 (1) violates a provision of this article or a rule of the
5 commission that relates to the permit; or
6 (2) fails to pay all taxes and fees imposed by this article on the
7 activities authorized under the permit.
8 (b) A permittee shall keep the bond in full force and effect
9 continuously in order to keep the permit in force.
10 Sec. 16. (a) Except as provided in subsection (b), the commission
11 may recover not more than two hundred fifty dollars ($250) in any
12 one (1) action on a permittee's surety bond for the violation of a
13 rule of the commission. Except as provided in subsection (b), the
14 commission may recover not more than five hundred dollars ($500)
15 in any one (1) action on the surety bond for the violation of a
16 provision of this article. All violations committed before the
17 commission brings an action on the bond are considered one (1)
18 violation. Funds recovered on a bond shall be deposited in the
19 cannabis regulation fund established by IC 7.1-8-2-12.
20 (b) The state may recover the full amount of all taxes and fees
21 due and owed by the permittee under this article in a single action
22 on the bond. No person may bring an action on the bond except the
23 commission. Funds recovered under this section shall be deposited
24 in the state general fund.
25 Sec. 17. The commission shall ensure that a surety bond filed
26 under this article is securely stored. The commission may not
27 approve a surety bond unless the surety company is solvent and
28 qualified to do business in Indiana. The commission, before
29 approving a surety bond, shall require the commissioner of the
30 department of insurance to furnish to the commission copies of
31 reports of the surety company and other information concerning
32 the reserves and reliability of the company.
33 Sec. 18. Cash or bonds of the United States, or both, may be
34 tendered to the commission instead of a surety bond required by
35 the provisions of this article if it is tendered on the same terms and
36 conditions as a surety bond.
37 Sec. 19. A surety may not cancel or annul a surety bond filed in
38 accordance with the provisions of this article after it has been
39 approved by the commission. However, a surety, with the consent
40 of the commission, may cancel a bond and be released from
41 liability accruing after the effective date of the cancellation. The
42 commission may not approve a cancellation until the surety has
2025	IN 1630—LS 7524/DI 106 24
1 paid and discharged in full its liability to the state on the bond to
2 the date of the approval of the cancellation.
3 Sec. 20. (a) As used in this section, "credit card" means a:
4 (1) credit card;
5 (2) debit card;
6 (3) charge card; or
7 (4) stored value card.
8 (b) The commission shall accept a payment to the commission
9 for any purpose by any of the following financial instruments:
10 (1) Cash.
11 (2) Certified check.
12 (3) Cashier's check.
13 (4) Check drawn on the bank deposit of a business.
14 (5) Valid postal money order of the United States.
15 (6) Bank draft.
16 (7) Money order.
17 (8) Bank card or credit card.
18 (9) Electronic funds transfer.
19 (10) Any other financial instrument authorized by the
20 commission.
21 (c) If there is a charge to the commission for the use of a
22 financial instrument, the commission may collect a sum equal to
23 the amount of the charge from the person who uses the financial
24 instrument.
25 (d) A procedure authorized for a particular type of payment
26 must be uniformly applied to all payments of the same type.
27 (e) The commission may contract with a bank card or credit
28 card vendor for acceptance of bank cards or credit cards.
29 However, if there is a vendor transaction charge or discount fee,
30 whether billed to the commission or charged directly to the
31 commission's account, the commission may collect from the person
32 using the card:
33 (1) an official fee that may not exceed the transaction charge
34 or discount fee charged to the commission by bank card or
35 credit card vendors; or
36 (2) a reasonable convenience fee that:
37 (A) may not exceed three dollars ($3); and
38 (B) must be uniform regardless of the bank card or credit
39 card used.
40 The fees described in subdivisions (1) and (2) may be collected
41 regardless of retail merchant agreements between the bank card
42 and credit card vendors that may prohibit such fees. These fees are
2025	IN 1630—LS 7524/DI 106 25
1 permitted additional charges under IC 24-4.5-3-202.
2 (f) The commission may pay any applicable bank card or credit
3 card service charge associated with the use of a bank card or credit
4 card under this section.
5 Sec. 21. (a) Except as provided in subsection (d), if publication
6 of notice of application for a permit is required under this article,
7 the publication shall be made in one (1) newspaper of general
8 circulation published in the county where the permit is to be in
9 effect.
10 (b) Publication required under subsection (a) may be made in
11 any newspaper of general circulation published one (1) or more
12 times each week.
13 (c) The rates to be paid for the advertising of a notice required
14 under this article shall be those required to be paid in case of other
15 notices published for or on behalf of the state.
16 (d) If:
17 (1) the commission is unable to procure advertising of a notice
18 as required under subsection (a) at the rates set forth in
19 IC 5-3-1; or
20 (2) the newspaper published in the county as described in
21 subsection (a) refuses to publish the notice;
22 the commission may, instead of publication in a newspaper as
23 required under subsection (a), post the notice on the commission's
24 website.
25 Sec. 22. Whenever the character of the business in which an
26 applicant is engaged is material to the applicant being issued a
27 permit under this article, or is material to the applicant being
28 qualified to continue to hold the permit, it must be made to appear
29 to the satisfaction of the commission that a substantial portion of
30 the business carried on, or to be carried on, in the premises in
31 respect to which a permit is applied for is in the nature of the
32 applicant's main business function in the premises.
33 Sec. 23. A person to whom a permit has been issued to carry on
34 any of the activities authorized by this article shall, before being
35 fully qualified to do business, post and display, and keep posted
36 and displayed, in the most conspicuous place in the person's
37 permitted premises the person's permit to do business.
38 Sec. 24. A permit issued under this article may not be
39 transferred from:
40 (1) the permit holder to another person; or
41 (2) the location for which the permit was approved or
42 renewed to another location;
2025	IN 1630—LS 7524/DI 106 26
1 unless otherwise authorized by this article or approved by the
2 commission.
3 Sec. 25. (a) As used in this section, "disqualifying event" means
4 an occurrence that would render the planned cannabis permittee
5 location illegal under this article.
6 (b) If a disqualifying event occurs while a permit application is
7 pending before the commission, the applicant may transfer the
8 permit location within six (6) months of the disqualifying event.
9 Sec. 26. If the information required for an initial or renewal
10 permit changes, the applicant or permit holder shall notify the
11 commission within ten (10) business days of the change. If any
12 change in the information required for an application results in a
13 violation of this article, the commission may impose a penalty as
14 provided in this article.
15 Sec. 27. (a) Except as provided in subsection (b), nothing in this
16 article prohibits a permittee from simultaneously holding a:
17 (1) grower permit;
18 (2) processor permit; and
19 (3) retailer permit.
20 However, a person holding a transport permit or a safety
21 compliance facility permit may not hold any other type of permit.
22 (b) Not more than six (6) permittees may hold a grower permit,
23 a processor permit, a transport permit, and at least one (1) retailer
24 permit at one (1) time.
25 (c) An integrated permittee must:
26 (1) demonstrate a substantial historical business investment
27 in Indiana; and
28 (2) provide proof of a capital plan;
29 as determined by the commission.
30 (d) An integrated permittee is subject to all the requirements of
31 the laws and regulations governing each permit. Notwithstanding
32 any other law, an integrated permittee is not subject to
33 IC 7.1-8-15-2(d).
34 (e) An integrated permittee's grower permit counts toward the
35 maximum number of grower permits that may be issued under
36 IC 7.1-8-12-5(d), and toward the maximum number of retailer
37 permits that may be issued under IC 7.1-8-15-2(b).
38 (f) In addition to the fees required by each underlying permit,
39 an integrated permittee or prospective integrated permittee shall
40 pay:
41 (1) an application fee of thirty thousand dollars ($30,000);
42 (2) an initial permit fee of fifteen thousand dollars ($15,000);
2025	IN 1630—LS 7524/DI 106 27
1 (3) an annual renewal fee of fifteen thousand dollars
2 ($15,000); and
3 (4) an annual investigation fee of seven thousand five hundred
4 dollars ($7,500).
5 (g) An integrated permittee to whom a permit has been issued
6 under this section may deposit that permit with the commission for
7 a period of:
8 (1) two (2) years if the integrated permittee is unable to
9 immediately operate the business to which the permit applies;
10 and
11 (2) one (1) additional year, if the integrated permittee is
12 operating as a grower and a processor, but requires
13 additional time to operate as a retailer.
14 (h) If a permittee is unable to use the permit issued under this
15 article within the period described in subsection (g), the permit is
16 forfeited to the commission, unless the commission finds that a
17 reasonable extension is necessary due to construction delays or fire,
18 flood, tornado, or other natural disasters or acts of God.
19 Chapter 12. Grower Permits
20 Sec. 1. The growth of cannabis is authorized in Indiana. The
21 growing and handling of cannabis is subject to regulation by the
22 commission. The commission shall adopt rules under IC 4-22-2 to
23 oversee the permitting, production, and management of:
24 (1) cannabis; and
25 (2) cannabis seed.
26 Sec. 2. (a) Except as expressly provided in this article, a
27 cannabis grower may not grow or sell cannabis in Indiana without
28 a permit issued by the commission under this article.
29 (b) Except as otherwise provided in this article, cannabis
30 produced by a grower permittee under this article may be grown
31 and sold in Indiana.
32 (c) A grower issued a permit under this chapter may only grow
33 cannabis in an indoor grow facility. Cannabis may not be grown
34 outdoors.
35 (d) Nothing in this chapter prohibits a grower permittee from
36 selling cannabis to another grower permittee in Indiana.
37 (e) Nothing in this chapter prohibits a grower permittee from
38 exporting cannabis outside Indiana as permitted by federal law.
39 Sec. 3. (a) A grower to whom a permit has been issued under
40 this chapter may deposit that permit with the commission for a
41 period of two (2) years if the permittee is unable to immediately
42 operate the business to which the permit applies.
2025	IN 1630—LS 7524/DI 106 28
1 (b) If a permittee is unable to use the permit issued under this
2 article within two (2) years, the permit is forfeited to the
3 commission, unless the commission finds that a reasonable
4 extension is necessary due to construction delays or fire, flood,
5 tornado, or other natural disasters or acts of God.
6 Sec. 4. In addition to the other requirements of this article, an
7 initial or renewal application for a grower permit must include the
8 following:
9 (1) The global positioning system coordinates and legal
10 description of the property used for the cannabis grow
11 operation.
12 (2) The planned size of the cannabis canopy.
13 (3) A site plan of the proposed indoor grow facility.
14 (4) A nonrefundable application fee.
15 Sec. 5. (a) For a permittee or prospective permittee who grows
16 less than five thousand (5,000) square feet of cannabis canopy, the
17 permittee shall pay:
18 (1) an application fee of five thousand dollars ($5,000);
19 (2) an initial permit fee of two thousand five hundred dollars
20 ($2,500);
21 (3) an annual renewal fee of two thousand five hundred
22 dollars ($2,500); and
23 (4) an annual investigation fee of one thousand two hundred
24 fifty dollars ($1,250).
25 (b) For a permittee or prospective permittee who grows at least
26 five thousand (5,000) square feet of cannabis canopy and less than
27 fifteen thousand (15,000) square feet of cannabis canopy, the
28 permittee shall pay:
29 (1) an application fee of ten thousand dollars ($10,000);
30 (2) an initial permit fee of five thousand dollars ($5,000);
31 (3) an annual renewal fee of five thousand dollars ($5,000);
32 and
33 (4) an annual investigation fee of two thousand five hundred
34 dollars ($2,500).
35 (c) For a permittee or prospective permittee who grows at least
36 fifteen thousand (15,000) square feet of cannabis canopy, the
37 permittee shall pay:
38 (1) an application fee of fifteen thousand dollars ($15,000);
39 (2) an initial permit fee of seven thousand five hundred dollars
40 ($7,500);
41 (3) an annual renewal fee of seven thousand five hundred
42 dollars ($7,500); and
2025	IN 1630—LS 7524/DI 106 29
1 (4) an annual investigation fee of three thousand seven
2 hundred fifty dollars ($3,750).
3 (d) Not more than:
4 (1) twelve (12) grower permits may be issued under
5 subsection (a) at one (1) time;
6 (2) six (6) grower permits may be issued under subsection (b)
7 at one (1) time; and
8 (3) four (4) grower permits may be issued under subsection (c)
9 at one (1) time.
10 (e) A permittee, or permittee who is directly or indirectly
11 controlled by another permittee, may not possess more than one (1)
12 grower permit at one (1) time.
13 (f) The fees set forth in this section are due to the commission
14 within thirty (30) days of the date the initial or renewal grower
15 permit is issued, and shall be deposited in the cannabis regulation
16 fund established by IC 7.1-8-2-12.
17 Sec. 6. (a) A grower shall uniquely identify each immature plant
18 batch with a single permanent plant tag and record the
19 information in the statewide monitoring system established under
20 IC 7.1-8-16. Each immature plant batch must consist of not more
21 than one hundred (100) immature plants.
22 (b) A grower shall separate the plants as the plants go through
23 different growth stages and ensure that the plant tag is always
24 identified with the plant throughout the growth span so that all
25 plants can be easily identified and inspected. A grower shall ensure
26 that the identification information is recorded in the statewide
27 monitoring system.
28 (c) After a tagged plant is harvested, it is part of a harvest batch
29 so that a sample of the harvest batch can be tested in accordance
30 with this article. A grower shall quarantine a harvest batch from
31 other plants or batches that have test results pending. A harvest
32 batch must be easily distinguishable from other harvest batches
33 until the harvest batch is broken down into packages.
34 (d) After test results show a passed test and the harvest batch is
35 packaged, the grower shall destroy the individual plant tags. Each
36 package must have a permanent package tag attached. A grower
37 shall ensure this information is placed in the statewide monitoring
38 system in accordance with this article and rules adopted by the
39 commission.
40 Sec. 7. (a) In addition to any other liability or penalty provided
41 by law, the commission may revoke or refuse to issue or renew a
42 grower permit and may impose a civil penalty for a violation of:
2025	IN 1630—LS 7524/DI 106 30
1 (1) a permit requirement;
2 (2) permit terms or conditions; or
3 (3) a rule relating to growing cannabis.
4 (b) The commission may not impose a civil penalty under this
5 section that exceeds two thousand five hundred dollars ($2,500).
6 (c) Any civil penalties collected under this section shall be
7 deposited in the cannabis regulation fund established by
8 IC 7.1-8-2-12.
9 Sec. 8. (a) Except as provided in subsection (b), the commission
10 shall give a person who negligently violates this chapter a
11 reasonable time, determined by the commission, to correct the
12 violation without imposing a penalty under this chapter. However,
13 the commission may require the person who committed the
14 violation to comply with a corrective action plan determined by the
15 commission and report to the commission on compliance with the
16 corrective action plan.
17 (b) A person who commits a negligent violation of this chapter
18 three (3) times in a five (5) year period shall immediately be
19 ineligible to hold or work under a grower permit for five (5) years.
20 (c) If the commission believes that a person has knowingly or
21 intentionally violated this chapter, the commission shall notify:
22 (1) the superintendent of the state police department; and
23 (2) the prosecuting attorney of the county in which the
24 violation occurred;
25 of the violation.
26 (d) A person who commits a negligent violation under this
27 chapter is subject to a late fee as established by rules adopted by
28 the commission.
29 Sec. 9. The commission shall adopt rules under IC 4-22-2 to
30 implement and administer this chapter.
31 Sec. 10. (a) The commission may keep the:
32 (1) names of growers who are permitted under this chapter;
33 and
34 (2) locations of permitted cannabis crops;
35 confidential for purposes of IC 5-14-3.
36 (b) The commission may share confidential information under
37 subsection (a) with the state police department and law
38 enforcement officers (as defined in IC 35-31.5-2-185).
39 Sec. 11. A person not permitted under this chapter who
40 knowingly or intentionally:
41 (1) grows or sells cannabis; or
42 (2) sells cannabis seed;
2025	IN 1630—LS 7524/DI 106 31
1 commits a Level 6 felony.
2 Chapter 13. Processor Permits
3 Sec. 1. The commission may issue a cannabis processor permit
4 to a person who desires to process cannabis or cannabis products.
5 Sec. 2. The holder of a processor permit may do the following:
6 (1) Process cannabis or cannabis products.
7 (2) Place cannabis or cannabis products in containers for
8 retail sale.
9 (3) Sell and deliver cannabis or cannabis products to a person
10 holding a retailer permit issued under this article.
11 Sec. 3. A permittee or prospective permittee shall pay:
12 (1) an application fee of five thousand dollars ($5,000);
13 (2) an initial permit fee of two thousand five hundred dollars
14 ($2,500);
15 (3) an annual renewal fee of two thousand five hundred
16 dollars ($2,500); and
17 (4) an annual investigation fee of one thousand two hundred
18 fifty dollars ($1,250).
19 Sec. 4. (a) A processor to whom a permit has been issued under
20 this chapter may deposit that permit with the commission for a
21 period of two (2) years if the permittee is unable to immediately
22 operate the business to which the permit applies.
23 (b) If a permittee is unable to use the permit issued under this
24 article within one (1) year, the permit is forfeited to the
25 commission, unless the commission finds that a reasonable
26 extension is necessary due to construction delays or fire, flood,
27 tornado, or other natural disasters or acts of God.
28 Sec. 5. Cannabis or cannabis products must be transported and
29 distributed to and from a processor in packaging that contains the
30 following information:
31 (1) A scannable bar code or QR code linked to a document
32 that contains the:
33 (A) batch identification number of the cannabis or
34 cannabis products;
35 (B) product name;
36 (C) batch date;
37 (D) expiration date, which must be not more than two (2)
38 years from the date of manufacture;
39 (E) batch size;
40 (F) total quantity produced;
41 (G) ingredients used, including the:
42 (i) ingredient name;
2025	IN 1630—LS 7524/DI 106 32
1 (ii) name of the company that manufactured the
2 ingredient;
3 (iii) company or product identification number or code,
4 if applicable; and
5 (iv) ingredient lot number; and
6 (H) results of the quality assurance test conducted under
7 IC 7.1-8-17.
8 (2) The batch number.
9 (3) The Internet address of a website to obtain batch
10 information.
11 (4) The expiration date.
12 (5) The total number of milligrams of
13 delta-9-tetrahydrocannabinol (THC), including precursors.
14 (6) The grower.
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 or 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 permittee or prospective permittee shall pay:
34 (1) an application fee of five thousand dollars ($5,000);
35 (2) an initial permit fee of two thousand five hundred dollars
36 ($2,500);
37 (3) an annual renewal fee of two thousand five hundred
38 dollars ($2,500); and
39 (4) an annual investigation fee of one thousand two hundred
40 fifty dollars ($1,250).
41 Sec. 6. (a) A carrier to whom a permit has been issued under
42 this chapter may deposit that permit with the commission for a
2025	IN 1630—LS 7524/DI 106 33
1 period of one (1) year if the permittee is unable to immediately
2 operate the business to which the permit applies.
3 (b) If a permittee is unable to use the permit issued under this
4 article within one (1) year, the permit is forfeited to the
5 commission, unless the commission finds that a reasonable
6 extension is necessary due to construction delays or fire, flood,
7 tornado, or other natural disasters or acts of God.
8 Sec. 7. (a) A carrier may not transport cannabis or cannabis
9 products on a vehicle owned or operated by the carrier unless the
10 carrier has filed a description of the vehicle with the commission.
11 (b) The description of a vehicle used to transport cannabis or
12 cannabis products must include:
13 (1) the engine number;
14 (2) the date of manufacture;
15 (3) the approximate weight;
16 (4) the vehicle identification number;
17 (5) the license plate number;
18 (6) the capacity; and
19 (7) any other information that the commission may require.
20 (c) The permittee may alter or add to the number of vehicles
21 included under the permit at any time.
22 Sec. 8. (a) A carrier must transmit a copy of its route plan and
23 manifest to the safety compliance facility as required by
24 IC 7.1-8-17, and a copy of each must be carried in the transporting
25 vehicle and presented to a law enforcement officer or commission
26 enforcement officer upon request.
27 (b) The commission may inspect shipments of cannabis or
28 cannabis products in transit and the vehicle used in the
29 transportation.
30 Sec. 9. A transport permittee who knowingly or intentionally
31 transports cannabis or cannabis products in a vehicle for which the
32 permittee has not filed a description under this chapter commits a
33 Class A misdemeanor.
34 Chapter 15. Retailer Permits
35 Sec. 1. The commission may issue a cannabis retailer permit to
36 a person who desires to sell cannabis or cannabis products to
37 customers for consumption.
38 Sec. 2. (a) The commission may grant only one (1) retailer
39 permit per twenty-five thousand (25,000) persons statewide.
40 However, each county is entitled to at least one (1) permit.
41 (b) The commission may issue not more than three hundred
42 (300) active retailer permits at any one (1) time.
2025	IN 1630—LS 7524/DI 106 34
1 (c) A county may not have more permits than its census
2 population divided by twenty-five thousand (25,000).
3 (d) No single retailer permittee may own more than ten percent
4 (10%) of available permits.
5 (e) Except for an integrated permittee, no retailer permittee
6 may hold a grower or processor permit.
7 Sec. 3. A permittee or prospective permittee shall pay:
8 (1) an application fee of ten thousand dollars ($10,000);
9 (2) an initial permit fee of five thousand dollars ($5,000);
10 (3) an annual renewal fee of five thousand dollars ($5,000);
11 and
12 (4) an annual investigation fee of two thousand five hundred
13 dollars ($2,500).
14 Sec. 4. (a) The holder of a retailer permit may purchase
15 cannabis or cannabis products only from a permittee permitted
16 under this article. A retailer may possess cannabis or cannabis
17 products and sell it at retail for consumption to a customer who is
18 at least twenty-one (21) years of age.
19 (b) A retailer may sell cannabis or cannabis products at
20 wholesale.
21 (c) A retailer may sell and deliver cannabis or cannabis
22 products for carry out and for at home delivery without a
23 transport permit.
24 Sec. 5. (a) A retailer to which a permit has been issued under
25 this chapter may deposit the permit with the commission for a
26 period of one (1) year if the permittee is unable to immediately
27 operate the business to which the permit applies.
28 (b) If a permittee is unable to use the permit issued under this
29 article within one (1) year, the permit is forfeited to the
30 commission, unless the commission finds that a reasonable
31 extension is necessary due to construction delays or fire, flood,
32 tornado, or other natural disasters or acts of God.
33 Sec. 6. (a) A retailer may not:
34 (1) operate within one thousand (1,000) feet of an elementary
35 or secondary school;
36 (2) allow a customer to sample or consume cannabis or a
37 cannabis product on the premises;
38 (3) permit a customer to purchase more than one (1) ounce of
39 cannabis or five (5) grams of cannabis concentrate per day; or
40 (4) sell cannabis or a cannabis product in a unitary
41 transaction (as defined in IC 6-2.5-1-1) or bundled transaction
42 (as defined in IC 6-2.5-1-11.5).
2025	IN 1630—LS 7524/DI 106 35
1 (b) A person who knowingly or intentionally violates this section
2 commits a Level 6 felony.
3 Sec. 7. (a) All sales of cannabis and cannabis products must be
4 accompanied by an invoice showing the following:
5 (1) The name and address of the seller and the purchaser.
6 (2) The date of sale.
7 (3) The name of each brand sold.
8 (4) The number of packages, if any.
9 (5) The number of cases by size and type of container.
10 (6) The quantity of each kind of cannabis or cannabis product
11 sold.
12 (b) The permittee must transmit an invoice to the commission
13 in accordance with rules adopted by the commission.
14 Sec. 8. A unit may not regulate cannabis or cannabis products.
15 Chapter 16. Statewide Monitoring System
16 Sec. 1. The commission shall establish a statewide monitoring
17 system for use as an integrated cannabis tracking, inventory, and
18 verification system. The statewide monitoring system must allow
19 for interface with third party inventory control and tracking
20 systems to provide for access by the state, permittees, and law
21 enforcement personnel, to the extent that they need and are
22 authorized to receive or submit the information, to comply with,
23 enforce, or administer this article.
24 Sec. 2. At a minimum, the statewide monitoring system must be
25 capable of storing and providing access to information that, in
26 conjunction with one (1) or more third party inventory control and
27 tracking systems, allows the following:
28 (1) Retention of a record of the date, time, quantity, and price
29 of each sale or transfer of cannabis or cannabis products.
30 (2) Determination of whether a particular sale or transfer
31 transaction will exceed the permissible limit established under
32 this article.
33 (3) Effective monitoring of cannabis seed to sale transfers.
34 (4) Receipt and integration of information from third party
35 inventory control and tracking systems.
36 Sec. 3. The commission shall seek bids under IC 5-22 to
37 establish, operate, and maintain the statewide monitoring system
38 under this chapter. The commission shall do the following:
39 (1) Evaluate bidders based on the cost of the service and the
40 ability to meet all requirements of this article.
41 (2) Give strong consideration to the bidder's ability to prevent
42 fraud, abuse, and other unlawful or prohibited activities
2025	IN 1630—LS 7524/DI 106 36
1 associated with the commercial trade in cannabis, and the
2 ability to provide additional tools for the administration and
3 enforcement of this article.
4 (3) Institute procedures to ensure that the contract awardee
5 does not disclose or use the information in the statewide
6 monitoring system for any use or purpose except for the
7 enforcement, oversight, and implementation of this article.
8 (4) Require the contract awardee to deliver the functioning
9 system within one hundred twenty (120) days after award of
10 the contract.
11 Sec. 4. The commission shall adopt rules under IC 4-22-2 to
12 implement this chapter.
13 Chapter 17. Safety Compliance Facility Permit
14 Sec. 1. The commission may issue a cannabis safety compliance
15 facility permit to a person who desires to test cannabis and
16 cannabis products for transfer, sale, and consumption in Indiana.
17 Sec. 2. A person who has a direct or indirect ownership interest
18 in a grower, processor, transport, or retailer permit may not have
19 a direct or indirect ownership interest in a safety compliance
20 facility or a safety compliance facility permit.
21 Sec. 3. The commission shall adopt rules under IC 4-22-2 to
22 establish a proficiency testing program and designate safety
23 compliance facility participation that, at a minimum, comply with
24 reasonable and customary industry standards.
25 Sec. 4. (a) A safety compliance facility to which a permit has
26 been issued under this chapter may deposit that permit with the
27 commission for a period of one (1) year if the permittee is unable
28 to immediately operate the facility.
29 (b) If a permittee is unable to use the permit issued under this
30 article within one (1) year, the permit is forfeited to the
31 commission.
32 Sec. 5. (a) A safety compliance facility must test samples as
33 provided in this chapter and pursuant to rules adopted by the
34 commission.
35 (b) A safety compliance facility shall collect samples of cannabis
36 and cannabis products from another cannabis permittee. Every
37 cannabis permittee shall permit and assist the safety compliance
38 facility in the collection of samples for testing.
39 (c) The safety compliance facility shall take a physical sample of
40 the cannabis or cannabis product from another cannabis permittee
41 to be tested at the safety compliance facility.
42 (d) The safety compliance facility must develop a statistically
2025	IN 1630—LS 7524/DI 106 37
1 valid sampling method to collect a representative sample from each
2 batch of cannabis or cannabis product.
3 Sec. 6. (a) A safety compliance facility must comply with all the
4 following:
5 (1) The safety compliance facility shall ensure that samples of
6 the cannabis or cannabis product are identified in the
7 statewide monitoring system and placed in secured, sealed
8 containers that bear the labeling required under the rules.
9 (2) A carrier's route plan and manifest that have been
10 transmitted to the facility must be entered into the statewide
11 monitoring system.
12 (3) The cannabis or cannabis product must be transported in
13 one (1) or more sealed containers and not be accessible while
14 in transit.
15 (4) The vehicle a safety compliance facility uses to transport
16 samples of cannabis or cannabis products may not bear
17 markings or other indication that it is carrying cannabis or a
18 cannabis product.
19 (b) Except as otherwise required by the commission, the safety
20 compliance facility shall collect a sample size that is:
21 (1) sufficient to complete all required analyses; and
22 (2) not less than one-half percent (0.5%) of the weight of the
23 harvest batch.
24 (c) At least fifty percent (50%) of the sample taken must be
25 homogenized for testing.
26 (d) The safety compliance facility shall report all testing results
27 to the commission on a quarterly basis, including the rate of
28 failure.
29 Sec. 7. A safety compliance facility must do all of the following:
30 (1) Become fully accredited to the International Organization
31 for Standardization (ISO), ISO/IEC 17025, by an ISO 17011,
32 ILAC recognized accreditation body or by an entity approved
33 by the commission within one (1) year after the date the
34 permit is issued, and agree to have the inspections and reports
35 of the ISO made available to the commission.
36 (2) Maintain internal standard operating procedures.
37 (3) Maintain a quality control and quality assurance program.
38 Sec. 8. The commission may publish sample sizes for other
39 cannabis or cannabis products being tested.
40 Sec. 9. A cannabis permittee must allow the safety compliance
41 facility to have access to its entire batch for the purposes of
42 sampling.
2025	IN 1630—LS 7524/DI 106 38
1 Sec. 10. (a) An employee of the cannabis permittee from which
2 the cannabis or cannabis product test samples are being taken shall
3 be physically present to observe the safety compliance facility
4 employee collect the samples of cannabis or cannabis product for
5 testing. The employee shall ensure that the correct sample
6 increments are taken from throughout the batch.
7 (b) An employee of a cannabis permittee may not:
8 (1) be directly involved in the testing performed by the safety
9 compliance facility employee; or
10 (2) touch the cannabis or cannabis product or the sampling
11 equipment while the safety compliance facility employee is
12 obtaining the sample.
13 Sec. 11. (a) After samples have been selected, both the employee
14 of the cannabis permittee and the employee of the safety
15 compliance facility shall sign and date a chain of custody form,
16 attesting to the accuracy of the following sample information:
17 (1) The name of the cannabis or cannabis product.
18 (2) The weight of the cannabis or cannabis product.
19 (3) That all cannabis and cannabis products and samples are
20 correctly identified in the statewide monitoring system.
21 (4) If the cannabis or cannabis product test sample is obtained
22 for a retest, the safety compliance facility confirms that it is
23 not accepting a cannabis or cannabis product test sample that
24 is prohibited from being retested.
25 (b) The cannabis permittee shall enter in the statewide
26 monitoring system the cannabis or cannabis product test sample
27 that is collected by a permitted safety compliance facility, including
28 the date and time the cannabis or cannabis product is collected and
29 transferred. The safety compliance facility shall enter into the
30 statewide monitoring system the test results within three (3)
31 business days of test completion.
32 (c) If a testing sample is collected from a cannabis permittee for
33 testing in the statewide monitoring system, that cannabis permittee
34 shall quarantine the cannabis or cannabis product that is
35 undergoing the testing from any other cannabis or cannabis
36 products at the cannabis permittee location. The quarantined
37 cannabis or cannabis product must not be packaged, transferred,
38 or sold until passing test results are entered into the statewide
39 monitoring system.
40 (d) A safety compliance facility may collect additional sample
41 material from the same permittee from which the original sample
42 was collected for the purposes of completing the required safety
2025	IN 1630—LS 7524/DI 106 39
1 tests as long as the requirements of this chapter are met.
2 (e) The commission may publish guidance that shall be followed
3 by cannabis permittees for chain of custody documentation.
4 Sec. 12. A safety compliance facility shall use analytical testing
5 methodologies for the required quality assurance tests under this
6 chapter that are validated. The tests may be monitored on an
7 ongoing basis by the commission. The facility's methodology must
8 follow one (1) of the following:
9 (1) The most current version of the Cannabis Inflorescence:
10 Standards of Identity, Analysis, and Quality Control
11 monograph published by the American Herbal
12 Pharmacopoeia.
13 (2) An alternative testing methodology approved by the
14 commission and validated by an independent third party that
15 the methodology followed by the safety compliance facility
16 produces scientifically accurate results as quality assurance
17 for each test it conducts.
18 Sec. 13. A safety compliance facility shall conduct quality
19 assurance tests that test for all of the following:
20 (1) Moisture content.
21 (2) Potency analysis.
22 (3) Tetrahydrocannabinol level.
23 (4) Tetrahydrocannabinol acid level.
24 (5) Cannabidiol and cannabidiol acid levels.
25 (6) Foreign matter inspection.
26 (7) Microbial and mycotoxin screening.
27 (8) Pesticides.
28 (9) Chemical residue.
29 (10) Fungicides.
30 (11) Insecticides.
31 (12) Metals screening.
32 (13) Residual solvents levels.
33 (14) Terpene analysis.
34 (15) Water activity content.
35 Sec. 14. The commission, in consultation with the state seed
36 commissioner and the Indiana state department of agriculture,
37 shall publish a list of approved pesticides for use in the growing
38 and production of cannabis and cannabis products to be sold or
39 transferred in Indiana.
40 Sec. 15. The commission shall take immediate disciplinary
41 action against any safety compliance facility that fails to comply
42 with the provisions of this article or falsifies records related to this
2025	IN 1630—LS 7524/DI 106 40
1 article, including any sanctions or fines, or both.
2 Sec. 16. A safety compliance facility is prohibited from doing
3 any of the following:
4 (1) Desiccating samples.
5 (2) Dry labeling samples.
6 (3) Pretesting samples.
7 Sec. 17. A safety compliance facility shall comply with random
8 quality assurance compliance checks upon the request of the
9 commission. The commission or its authorized agents may collect
10 a random sample of cannabis or cannabis product from a safety
11 compliance facility or designate another safety compliance facility
12 to collect a random sample of cannabis or cannabis product in a
13 secure manner to test that sample for quality assurance compliance
14 pursuant to this rule.
15 Sec. 18. (a) A safety compliance facility may retest cannabis or
16 cannabis products that have failed initial safety testing, except as
17 indicated under subsection (c).
18 (b) Failed cannabis or a failed cannabis product must pass two
19 (2) separate retests with new samples consecutively to be eligible to
20 proceed to sale or transfer.
21 (c) The commission may publish a remediation protocol that
22 addresses, among other things, the sale or transfer of cannabis or
23 cannabis products after a failed safety test.
24 (d) The cannabis permittee who provided the sample is
25 responsible for all costs involved in a retest.
26 Sec. 19. (a) As used in this section, "research and development
27 testing" means optional testing performed before final compliance
28 testing.
29 (b) The commission may not take punitive action against a
30 cannabis permittee for conducting research and development
31 testing.
32 (c) The commission may adopt rules or publish guidance for
33 research and development testing.
34 (d) A permittee conducting research and development testing
35 must enter the testing and any other information required by the
36 commission into the statewide monitoring system.
37 Chapter 18. Violations
38 Sec. 1. If a permit holder violates this article, the permit holder
39 may be publicly reprimanded, assessed a civil penalty, or have the
40 permit revoked or suspended.
41 Sec. 2. (a) The commission may assess a civil penalty for a
42 violation of this article in an amount that does not exceed fifty
2025	IN 1630—LS 7524/DI 106 41
1 thousand dollars ($50,000). A civil penalty may be assessed in
2 addition to other penalties allowed under this article.
3 (b) A civil penalty assessed under this section shall be deposited
4 in the cannabis regulation fund established by IC 7.1-8-2-12.
5 Sec. 3. A person who recklessly, knowingly, or intentionally
6 provides cannabis or cannabis products to a person less than
7 twenty-one (21) years of age commits a Class B misdemeanor.
8 However, the offense is:
9 (1) a Class A misdemeanor if the person has a prior unrelated
10 conviction under this section; and
11 (2) a Level 6 felony if the use of the cannabis or cannabis
12 products is the proximate cause of the serious bodily injury or
13 death of any person.
14 Sec. 4. (a) A person who knowingly or intentionally:
15 (1) rents property; or
16 (2) provides or arranges for the use of property;
17 for the purpose of allowing or enabling a person less than
18 twenty-one (21) years of age to use cannabis or cannabis products
19 on the property commits a Class C infraction. However, the
20 violation is a Class B misdemeanor if the person has a prior
21 unrelated adjudication or conviction for a violation of this section
22 within the previous five (5) years.
23 (b) This section may not be construed to impose civil or criminal
24 liability upon any postsecondary educational institution, including
25 public and private universities and colleges, business schools,
26 vocational schools, and schools for continuing education, or its
27 agents for injury to any person or property sustained in
28 consequence of a violation of this section unless the institution or
29 its agent:
30 (1) sells, barters, exchanges, provides, or furnishes cannabis
31 or cannabis products to a person less than twenty-one (21)
32 years of age; or
33 (2) either:
34 (A) rents property; or
35 (B) provides or arranges for the use of property;
36 for the purpose of allowing or enabling a person less than
37 twenty-one (21) years of age to consume cannabis or cannabis
38 products on the property.
39 Sec. 5. (a) It is a Class C infraction for a person less than
40 twenty-one (21) years of age to enter the premises of a retailer or
41 other location where cannabis or cannabis products are provided.
42 (b) It is a Class C infraction for a parent, guardian, trustee, or
2025	IN 1630—LS 7524/DI 106 42
1 other person having custody of a child less than eighteen (18) years
2 of age to take that child into a retailer or other location where
3 cannabis or cannabis products are provided.
4 (c) It is a Class C infraction for a permittee to permit the parent,
5 guardian, trustee, or other person having custody of a child less
6 than eighteen (18) years of age to be with the child in a retailer or
7 other location where cannabis or cannabis products are provided.
8 Sec. 6. A person who knowingly or intentionally employs a
9 person less than twenty-one (21) years of age:
10 (1) where cannabis or cannabis products are provided; and
11 (2) in a capacity which requires or allows the person less than
12 twenty-one (21) years of age to provide or otherwise deal in
13 cannabis or cannabis products;
14 commits a Class B misdemeanor.
15 Sec. 7. A person who is at least twenty-one (21) years of age who
16 knowingly or intentionally aids, induces, or causes a person less
17 than twenty-one (21) years of age to unlawfully possess cannabis or
18 cannabis products commits a Class C infraction.
19 Sec. 8. (a) Notwithstanding any other law, an enforcement
20 officer with police powers may engage a person who is:
21 (1) at least eighteen (18) years of age; and
22 (2) less than twenty-one (21) years of age;
23 to receive or purchase cannabis or cannabis products as part of an
24 enforcement action under this article.
25 (b) The initial or contemporaneous receipt or purchase of
26 cannabis or cannabis products under this section by a person
27 described in subsection (a) must:
28 (1) occur under the direction of an enforcement officer vested
29 with full police powers and duties; and
30 (2) be a part of the enforcement action.
31 Chapter 19. Professional Services
32 Sec. 1. A person licensed under IC 25 does not commit a crime
33 or an infraction under Indiana law solely for providing
34 professional services to persons permitted to engage in an activity
35 authorized by this article.
36 Chapter 20. Employment
37 Sec. 1. Nothing in this article prohibits an employer from
38 mandating drug screening for employees or from taking an adverse
39 employment action against an employee who tests positive for
40 cannabis use.
41 SECTION 4. IC 10-10.5-1-3, AS AMENDED BY P.L.122-2023,
42 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2025	IN 1630—LS 7524/DI 106 43
1 JULY 1, 2025]: Sec. 3. "Law enforcement officer" means any of the
2 following:
3 (1) A state police officer, enforcement officer of the alcohol and
4 tobacco commission, enforcement officer of the cannabis
5 commission, or conservation officer.
6 (2) A county, city, town, or tribal police officer.
7 (3) A police officer appointed by a state educational institution
8 under IC 21-39-4 or school corporation under IC 20-26-16.
9 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
10 under IC 4-33-20.
11 (5) A hospital police officer employed by a hospital police
12 department established under IC 16-18-4.
13 SECTION 5. IC 10-13-8-5, AS AMENDED BY P.L.122-2023,
14 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 5. As used in this chapter, "law enforcement
16 officer" means any of the following:
17 (1) A state police officer.
18 (2) A county sheriff.
19 (3) A county police officer.
20 (4) A correctional officer.
21 (5) An excise police officer, including an enforcement officer
22 of the cannabis commission.
23 (6) A county police reserve officer.
24 (7) A city police officer.
25 (8) A city police reserve officer.
26 (9) A conservation enforcement officer.
27 (10) A town marshal.
28 (11) A deputy town marshal.
29 (12) A probation officer.
30 (13) A state educational institution police officer appointed under
31 IC 21-39-4.
32 (14) A gaming agent of the Indiana gaming commission.
33 (15) A person employed by a political subdivision (as defined in
34 IC 36-1-2-13) and appointed as a special deputy under
35 IC 36-8-10-10.6.
36 (16) A school corporation police officer appointed under
37 IC 20-26-16.
38 (17) A police officer of a public or private postsecondary
39 educational institution whose board of trustees has established a
40 police department under IC 21-17-5-2 or IC 21-39-4-2.
41 (18) A tribal police officer.
42 (19) A hospital police officer employed by a hospital police
2025	IN 1630—LS 7524/DI 106 44
1 department established under IC 16-18-4.
2 (20) A conservancy district marshal.
3 (21) A deputy conservancy district marshal.
4 SECTION 6. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 3. As used in this chapter, "drug dealing offense"
7 means one (1) or more of the following offenses:
8 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
9 the person received only minimal consideration as a result of the
10 drug transaction.
11 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
12 person received only minimal consideration as a result of the drug
13 transaction.
14 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
15 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
16 only minimal consideration as a result of the drug transaction.
17 (4) Dealing in marijuana, hash oil, hashish, salvia or a synthetic
18 cannabinoid mislabeled low THC hemp extract (IC
19 35-48-4-10), unless the person received only minimal
20 consideration as a result of the drug transaction.
21 SECTION 7. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
22 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 14. (a) A person holding a certificate or license
24 issued under this article must comply with the applicable standards and
25 rules established under this article. A certificate holder or license
26 holder is subject to disciplinary sanctions under subsection (b) if the
27 department of homeland security determines that the certificate holder
28 or license holder:
29 (1) engaged in or knowingly cooperated in fraud or material
30 deception in order to obtain a certificate or license, including
31 cheating on a certification or licensure examination;
32 (2) engaged in fraud or material deception in the course of
33 professional services or activities;
34 (3) advertised services or goods in a false or misleading manner;
35 (4) falsified or knowingly allowed another person to falsify
36 attendance records or certificates of completion of continuing
37 education courses required under this article or rules adopted
38 under this article;
39 (5) is convicted of a crime, if the act that resulted in the
40 conviction has a direct bearing on determining if the certificate
41 holder or license holder should be entrusted to provide emergency
42 medical services;
2025	IN 1630—LS 7524/DI 106 45
1 (6) is convicted of violating IC 9-19-14.5;
2 (7) fails to comply and maintain compliance with or violates any
3 applicable provision, standard, or other requirement of this article
4 or rules adopted under this article;
5 (8) continues to practice if the certificate holder or license holder
6 becomes unfit to practice due to:
7 (A) professional incompetence that includes the undertaking
8 of professional activities that the certificate holder or license
9 holder is not qualified by training or experience to undertake;
10 (B) failure to keep abreast of current professional theory or
11 practice;
12 (C) physical or mental disability; or
13 (D) addiction to, abuse of, or dependency on alcohol or other
14 drugs that endanger the public by impairing the certificate
15 holder's or license holder's ability to practice safely;
16 (9) engages in a course of lewd or immoral conduct in connection
17 with the delivery of services to the public;
18 (10) allows the certificate holder's or license holder's name or a
19 certificate or license issued under this article to be used in
20 connection with a person who renders services beyond the scope
21 of that person's training, experience, or competence;
22 (11) is subjected to disciplinary action in another state or
23 jurisdiction on grounds similar to those contained in this chapter.
24 For purposes of this subdivision, a certified copy of a record of
25 disciplinary action constitutes prima facie evidence of a
26 disciplinary action in another jurisdiction;
27 (12) assists another person in committing an act that would
28 constitute a ground for disciplinary sanction under this chapter;
29 (13) allows a certificate or license issued by the commission to
30 be:
31 (A) used by another person; or
32 (B) displayed to the public when the certificate or license is
33 expired, inactive, invalid, revoked, or suspended; or
34 (14) fails to notify the department in writing of any misdemeanor
35 or felony criminal conviction, except traffic related misdemeanors
36 other than operating a motor vehicle under the influence of a drug
37 or alcohol, within ninety (90) days after the entry of an order or
38 judgment. A certified copy of the order or judgment with a letter
39 of explanation must be submitted to the department along with the
40 written notice.
41 (b) The department of homeland security may issue an order under
42 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
2025	IN 1630—LS 7524/DI 106 46
1 the department of homeland security determines that a certificate
2 holder or license holder is subject to disciplinary sanctions under
3 subsection (a):
4 (1) Revocation of a certificate holder's certificate or license
5 holder's license for a period not to exceed seven (7) years.
6 (2) Suspension of a certificate holder's certificate or license
7 holder's license for a period not to exceed seven (7) years.
8 (3) Censure of a certificate holder or license holder.
9 (4) Issuance of a letter of reprimand.
10 (5) Assessment of a civil penalty against the certificate holder or
11 license holder in accordance with the following:
12 (A) The civil penalty may not exceed five hundred dollars
13 ($500) per day per violation.
14 (B) If the certificate holder or license holder fails to pay the
15 civil penalty within the time specified by the department of
16 homeland security, the department of homeland security may
17 suspend the certificate holder's certificate or license holder's
18 license without additional proceedings.
19 (6) Placement of a certificate holder or license holder on
20 probation status and requirement of the certificate holder or
21 license holder to:
22 (A) report regularly to the department of homeland security
23 upon the matters that are the basis of probation;
24 (B) limit practice to those areas prescribed by the department
25 of homeland security;
26 (C) continue or renew professional education approved by the
27 department of homeland security until a satisfactory degree of
28 skill has been attained in those areas that are the basis of the
29 probation; or
30 (D) perform or refrain from performing any acts, including
31 community restitution or service without compensation, that
32 the department of homeland security considers appropriate to
33 the public interest or to the rehabilitation or treatment of the
34 certificate holder or license holder.
35 The department of homeland security may withdraw or modify
36 this probation if the department of homeland security finds after
37 a hearing that the deficiency that required disciplinary action is
38 remedied or that changed circumstances warrant a modification
39 of the order.
40 (c) If an applicant or a certificate holder or license holder has
41 engaged in or knowingly cooperated in fraud or material deception to
42 obtain a certificate or license, including cheating on the certification or
2025	IN 1630—LS 7524/DI 106 47
1 licensure examination, the department of homeland security may
2 rescind the certificate or license if it has been granted, void the
3 examination or other fraudulent or deceptive material, and prohibit the
4 applicant from reapplying for the certificate or license for a length of
5 time established by the department of homeland security.
6 (d) The department of homeland security may deny certification or
7 licensure to an applicant who would be subject to disciplinary sanctions
8 under subsection (b) if that person were a certificate holder or license
9 holder, has had disciplinary action taken against the applicant or the
10 applicant's certificate or license to practice in another state or
11 jurisdiction, or has practiced without a certificate or license in violation
12 of the law. A certified copy of the record of disciplinary action is
13 conclusive evidence of the other jurisdiction's disciplinary action.
14 (e) The department of homeland security may order a certificate
15 holder or license holder to submit to a reasonable physical or mental
16 examination if the certificate holder's or license holder's physical or
17 mental capacity to practice safely and competently is at issue in a
18 disciplinary proceeding. Failure to comply with a department of
19 homeland security order to submit to a physical or mental examination
20 makes a certificate holder or license holder liable to temporary
21 suspension under subsection (i).
22 (f) Except as provided under subsection (a), subsection (g), and
23 section 14.5 of this chapter, a certificate or license may not be denied,
24 revoked, or suspended because the applicant, certificate holder, or
25 license holder has been convicted of an offense. The acts from which
26 the applicant's, certificate holder's, or license holder's conviction
27 resulted may be considered as to whether the applicant or certificate
28 holder or license holder should be entrusted to serve the public in a
29 specific capacity.
30 (g) The department of homeland security may deny, suspend, or
31 revoke a certificate or license issued under this article if the individual
32 who holds or is applying for the certificate or license is convicted of
33 any of the following:
34 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
35 (2) Possession of methamphetamine under IC 35-48-4-6.1.
36 (3) Possession of a controlled substance under IC 35-48-4-7(a).
37 (4) Fraudulently obtaining a controlled substance under
38 IC 35-48-4-7(c).
39 (5) Manufacture of paraphernalia as a Class D felony (for a crime
40 committed before July 1, 2014) or Level 6 felony (for a crime
41 committed after June 30, 2014) under IC 35-48-4-8.1(b).
42 (6) Dealing in paraphernalia as a Class D felony (for a crime
2025	IN 1630—LS 7524/DI 106 48
1 committed before July 1, 2014) or Level 6 felony (for a crime
2 committed after June 30, 2014) under IC 35-48-4-8.5(b).
3 (7) Possession of paraphernalia as a Class D felony (for a crime
4 committed before July 1, 2014) or Level 6 felony (for a crime
5 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
6 its amendment on July 1, 2015).
7 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
8 D felony (for a crime committed before July 1, 2014) or Level 6
9 felony (for a crime committed after June 30, 2014) under
10 IC 35-48-4-11.
11 (9) A felony offense under IC 35-48-4 involving:
12 (A) possession of a synthetic drug (as defined in
13 IC 35-31.5-2-321);
14 (B) possession of a synthetic drug lookalike substance (as
15 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
16 2019)) as a:
17 (i) Class D felony (for a crime committed before July 1,
18 2014); or
19 (ii) Level 6 felony (for a crime committed after June 30,
20 2014);
21 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
22 (C) possession of a controlled substance analog (as defined in
23 IC 35-48-1-9.3).
24 (10) Maintaining a common nuisance under IC 35-48-4-13
25 (repealed) or IC 35-45-1-5, if the common nuisance involves a
26 controlled substance.
27 (11) An offense relating to registration, labeling, and prescription
28 forms under IC 35-48-4-14.
29 (h) A decision of the department of homeland security under
30 subsections (b) through (g) may be appealed to the commission under
31 IC 4-21.5-3-7.
32 (i) The department of homeland security may temporarily suspend
33 a certificate holder's certificate or license holder's license under
34 IC 4-21.5-4 before a final adjudication or during the appeals process if
35 the department of homeland security finds that a certificate holder or
36 license holder would represent a clear and immediate danger to the
37 public's health, safety, or property if the certificate holder or license
38 holder were allowed to continue to practice.
39 (j) On receipt of a complaint or information alleging that a person
40 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
41 or is engaging in a practice that is subject to disciplinary sanctions
42 under this chapter, the department of homeland security must initiate
2025	IN 1630—LS 7524/DI 106 49
1 an investigation against the person.
2 (k) The department of homeland security shall conduct a factfinding
3 investigation as the department of homeland security considers proper
4 in relation to the complaint.
5 (l) The department of homeland security may reinstate a certificate
6 or license that has been suspended under this section if the department
7 of homeland security is satisfied that the applicant is able to practice
8 with reasonable skill, competency, and safety to the public. As a
9 condition of reinstatement, the department of homeland security may
10 impose disciplinary or corrective measures authorized under this
11 chapter.
12 (m) The department of homeland security may not reinstate a
13 certificate or license that has been revoked under this chapter.
14 (n) The department of homeland security must be consistent in the
15 application of sanctions authorized in this chapter. Significant
16 departures from prior decisions involving similar conduct must be
17 explained in the department of homeland security's findings or orders.
18 (o) A certificate holder may not surrender the certificate holder's
19 certificate, and a license holder may not surrender the license holder's
20 license, without the written approval of the department of homeland
21 security, and the department of homeland security may impose any
22 conditions appropriate to the surrender or reinstatement of a
23 surrendered certificate or license.
24 (p) For purposes of this section, "certificate holder" means a person
25 who holds:
26 (1) an unlimited certificate;
27 (2) a limited or probationary certificate; or
28 (3) an inactive certificate.
29 (q) For purposes of this section, "license holder" means a person
30 who holds:
31 (1) an unlimited license;
32 (2) a limited or probationary license; or
33 (3) an inactive license.
34 SECTION 8. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
35 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 14.5. The department of homeland security may
37 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
38 certification or licensure or permanently revoke a certificate or license
39 under procedures provided by section 14 of this chapter if the
40 individual who holds the certificate or license issued under this title is
41 convicted of any of the following:
42 (1) Dealing in a controlled substance resulting in death under
2025	IN 1630—LS 7524/DI 106 50
1 IC 35-42-1-1.5.
2 (2) Dealing in or manufacturing cocaine or a narcotic drug under
3 IC 35-48-4-1.
4 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
5 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
6 (5) Dealing in a schedule I, II, or III controlled substance under
7 IC 35-48-4-2.
8 (6) Dealing in a schedule IV controlled substance under
9 IC 35-48-4-3.
10 (7) Dealing in a schedule V controlled substance under
11 IC 35-48-4-4.
12 (8) Dealing in a substance represented to be a controlled
13 substance under IC 35-48-4-4.5 (repealed).
14 (9) Knowingly or intentionally manufacturing, advertising,
15 distributing, or possessing with intent to manufacture, advertise,
16 or distribute a substance represented to be a controlled substance
17 under IC 35-48-4-4.6.
18 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
19 (11) Dealing in marijuana, hash oil, hashish, or salvia or
20 mislabeled low THC hemp extract as a felony under
21 IC 35-48-4-10.
22 (12) An offense under IC 35-48-4 involving the manufacture or
23 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 controlled
27 substance analog (as defined in IC 35-48-1-9.3), or a substance
28 represented to be a controlled substance (as described in
29 IC 35-48-4-4.6).
30 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
31 SECTION 9. IC 16-42-27-2, AS AMENDED BY P.L.36-2023,
32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 2. (a) A prescriber may, directly or by standing
34 order, prescribe or dispense an overdose intervention drug without
35 examining the individual to whom it may be administered if all of the
36 following conditions are met:
37 (1) The overdose intervention drug is dispensed or prescribed to:
38 (A) a person at risk of experiencing an opioid-related
39 overdose; or
40 (B) a family member, a friend, or any other individual or entity
41 in a position to assist an individual who, there is reason to
42 believe, is at risk of experiencing an opioid-related overdose.
2025	IN 1630—LS 7524/DI 106 51
1 (2) The prescriber instructs the individual receiving the overdose
2 intervention drug or prescription to summon emergency services
3 either immediately before or immediately after administering the
4 overdose intervention drug to an individual experiencing an
5 opioid-related overdose.
6 (3) The prescriber provides education and training on drug
7 overdose response and treatment, including the administration of
8 an overdose intervention drug.
9 (4) The prescriber provides drug addiction treatment information
10 and referrals to drug treatment programs, including programs in
11 the local area and programs that offer medication assisted
12 treatment that includes a federal Food and Drug Administration
13 approved long acting, nonaddictive medication for the treatment
14 of opioid or alcohol dependence.
15 (b) A prescriber may provide a prescription of an overdose
16 intervention drug to an individual as a part of the individual's addiction
17 treatment plan.
18 (c) An individual described in subsection (a)(1) may administer an
19 overdose intervention drug to an individual who is suffering from an
20 overdose.
21 (d) An individual described in subsection (a)(1) may not be
22 considered to be practicing medicine without a license in violation of
23 IC 25-22.5-8-2, if the individual, acting in good faith, does the
24 following:
25 (1) Obtains the overdose intervention drug from a prescriber or
26 entity acting under a standing order issued by a prescriber.
27 (2) Administers the overdose intervention drug to an individual
28 who is experiencing an apparent opioid-related overdose.
29 (3) Attempts to summon emergency services either immediately
30 before or immediately after administering the overdose
31 intervention drug.
32 (e) An entity acting under a standing order issued by a prescriber
33 must do the following:
34 (1) Annually register with either the:
35 (A) state department; or
36 (B) local health department in the county where services will
37 be provided by the entity;
38 in a manner prescribed by the state department.
39 (2) Provide education and training on drug overdose response and
40 treatment, including the administration of an overdose
41 intervention drug.
42 (3) Provide drug addiction treatment information and referrals to
2025	IN 1630—LS 7524/DI 106 52
1 drug treatment programs, including programs in the local area and
2 programs that offer medication assisted treatment that includes a
3 federal Food and Drug Administration approved long acting,
4 nonaddictive medication for the treatment of opioid or alcohol
5 dependence.
6 (4) Submit an annual report to the state department containing:
7 (A) the number of sales of the overdose intervention drug
8 dispensed;
9 (B) the dates of sale of the overdose intervention drug
10 dispensed; and
11 (C) any additional information requested by the state
12 department.
13 (f) The state department shall ensure that a statewide standing order
14 for the dispensing of an overdose intervention drug in Indiana is issued
15 under this section. The state health commissioner or a designated
16 public health authority who is a licensed prescriber may, as part of the
17 individual's official capacity, issue a statewide standing order that may
18 be used for the dispensing of an overdose intervention drug under this
19 section. A statewide standing order issued under this section must
20 allow for choice in the:
21 (1) purchasing;
22 (2) dispensing; and
23 (3) distributing;
24 of any formulation or dosage of a naloxone product that is approved by
25 the federal Food and Drug Administration. The immunity provided in
26 IC 34-13-3-3 applies to an individual described in this subsection.
27 (g) A law enforcement officer may not take an individual into
28 custody based solely on the commission of an offense described in
29 subsection (h), if the law enforcement officer, after making a
30 reasonable determination and considering the facts and surrounding
31 circumstances, reasonably believes that the individual:
32 (1) obtained the overdose intervention drug as described in
33 subsection (a)(1);
34 (2) complied with the provisions in subsection (d);
35 (3) administered an overdose intervention drug to an individual
36 who appeared to be experiencing an opioid-related overdose;
37 (4) provided:
38 (A) the individual's full name; and
39 (B) any other relevant information requested by the law
40 enforcement officer;
41 (5) remained at the scene with the individual who reasonably
42 appeared to be in need of medical assistance until emergency
2025	IN 1630—LS 7524/DI 106 53
1 medical assistance arrived;
2 (6) cooperated with emergency medical assistance personnel and
3 law enforcement officers at the scene; and
4 (7) came into contact with law enforcement because the
5 individual requested emergency medical assistance for another
6 individual who appeared to be experiencing an opioid-related
7 overdose.
8 (h) An individual who meets the criteria in subsection (g) is immune
9 from criminal prosecution for the following:
10 (1) IC 35-48-4-6 (possession of cocaine).
11 (2) IC 35-48-4-6.1 (possession of methamphetamine).
12 (3) IC 35-48-4-7 (possession of a controlled substance).
13 (4) IC 35-48-4-8.3 (possession of paraphernalia).
14 (5) IC 35-48-4-11 (possession of marijuana). salvia).
15 (6) An offense under IC 35-48-4 involving possession of a
16 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
17 controlled substance analog (as defined in IC 35-48-1-9.3), or
18 possession of a substance represented to be a controlled substance
19 (as described in IC 35-48-4-4.6).
20 SECTION 10. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
21 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 8. (a) This section applies when a prosecuting
23 attorney knows that a licensed employee of a public school or a
24 nonpublic school has been convicted of an offense listed in subsection
25 (c). The prosecuting attorney shall immediately give written notice of
26 the conviction to the following:
27 (1) The secretary of education.
28 (2) Except as provided in subdivision (3), the superintendent of
29 the school corporation that employs the licensed employee or the
30 equivalent authority if a nonpublic school employs the licensed
31 employee.
32 (3) The presiding officer of the governing body of the school
33 corporation that employs the licensed employee, if the convicted
34 licensed employee is the superintendent of the school corporation.
35 (b) The superintendent of a school corporation, presiding officer of
36 the governing body, or equivalent authority for a nonpublic school shall
37 immediately notify the secretary of education when the individual
38 knows that a current or former licensed employee of the public school
39 or nonpublic school has been convicted of an offense listed in
40 subsection (c), or when the governing body or equivalent authority for
41 a nonpublic school takes any final action in relation to an employee
42 who engaged in any offense listed in subsection (c).
2025	IN 1630—LS 7524/DI 106 54
1 (c) Except as provided in section 8.5 of this chapter, the department
2 shall permanently revoke the license of a person who is known by the
3 department to have been convicted of any of the following:
4 (1) The following felonies:
5 (A) A sex crime under IC 35-42-4 (including criminal deviate
6 conduct (IC 35-42-4-2) (before its repeal)).
7 (B) Kidnapping (IC 35-42-3-2).
8 (C) Criminal confinement (IC 35-42-3-3).
9 (D) Incest (IC 35-46-1-3).
10 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
11 35-48-4-1).
12 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
13 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
14 (H) Dealing in a schedule I, II, or III controlled substance (IC
15 35-48-4-2).
16 (I) Dealing in a schedule IV controlled substance (IC
17 35-48-4-3).
18 (J) Dealing in a schedule V controlled substance (IC
19 35-48-4-4).
20 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
21 (L) Dealing in marijuana, hash oil, hashish, or salvia or
22 mislabeled low THC hemp extract as a felony (IC
23 35-48-4-10).
24 (M) An offense under IC 35-48-4 involving the manufacture
25 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
26 synthetic drug lookalike substance (as defined in
27 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
28 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
29 controlled substance analog (as defined in IC 35-48-1-9.3), or
30 a substance represented to be a controlled substance (as
31 described in IC 35-48-4-4.6).
32 (N) Homicide (IC 35-42-1).
33 (O) Voluntary manslaughter (IC 35-42-1-3).
34 (P) Reckless homicide (IC 35-42-1-5).
35 (Q) Battery as any of the following:
36 (i) A Class A felony (for a crime committed before July 1,
37 2014) or a Level 2 felony (for a crime committed after June
38 30, 2014).
39 (ii) A Class B felony (for a crime committed before July 1,
40 2014) or a Level 3 felony (for a crime committed after June
41 30, 2014).
42 (iii) A Class C felony (for a crime committed before July 1,
2025	IN 1630—LS 7524/DI 106 55
1 2014) or a Level 5 felony (for a crime committed after June
2 30, 2014).
3 (R) Aggravated battery (IC 35-42-2-1.5).
4 (S) Robbery (IC 35-42-5-1).
5 (T) Carjacking (IC 35-42-5-2) (before its repeal).
6 (U) Arson as a Class A felony or Class B felony (for a crime
7 committed before July 1, 2014) or as a Level 2, Level 3, or
8 Level 4 felony (for a crime committed after June 30, 2014) (IC
9 35-43-1-1(a)).
10 (V) Burglary as a Class A felony or Class B felony (for a crime
11 committed before July 1, 2014) or as a Level 1, Level 2, Level
12 3, or Level 4 felony (for a crime committed after June 30,
13 2014) (IC 35-43-2-1).
14 (W) Human trafficking (IC 35-42-3.5).
15 (X) Dealing in a controlled substance resulting in death (IC
16 35-42-1-1.5).
17 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
18 this subsection.
19 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
20 in this subsection.
21 (2) Public indecency (IC 35-45-4-1) committed:
22 (A) after June 30, 2003; or
23 (B) before July 1, 2003, if the person committed the offense
24 by, in a public place:
25 (i) engaging in sexual intercourse or other sexual conduct
26 (as defined in IC 35-31.5-2-221.5);
27 (ii) appearing in a state of nudity with the intent to arouse
28 the sexual desires of the person or another person, or being
29 at least eighteen (18) years of age, with the intent to be seen
30 by a child less than sixteen (16) years of age; or
31 (iii) fondling the person's genitals or the genitals of another
32 person.
33 (d) The department shall permanently revoke the license of a person
34 who is known by the department to have been convicted of a federal
35 offense or an offense in another state that is comparable to a felony or
36 misdemeanor listed in subsection (c).
37 (e) A license may be suspended by the secretary of education as
38 specified in IC 20-28-7.5.
39 (f) The department shall develop a data base of information on
40 school corporation employees who have been reported to the
41 department under this section.
42 (g) Upon receipt of information from the office of judicial
2025	IN 1630—LS 7524/DI 106 56
1 administration in accordance with IC 33-24-6-3 concerning persons
2 convicted of an offense listed in subsection (c), the department shall:
3 (1) cross check the information received from the office of
4 judicial administration with information concerning licensed
5 teachers (as defined in IC 20-18-2-22(b)) maintained by the
6 department; and
7 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
8 convicted of an offense described in subsection (c), revoke the
9 licensed teacher's license.
10 SECTION 11. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
11 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 16. (a) A practitioner shall comply with the
13 standards established under this licensing program. A practitioner is
14 subject to the exercise of the disciplinary sanctions under subsection
15 (b) if the department finds that a practitioner has:
16 (1) engaged in or knowingly cooperated in fraud or material
17 deception in order to obtain a license to practice, including
18 cheating on a licensing examination;
19 (2) engaged in fraud or material deception in the course of
20 professional services or activities;
21 (3) advertised services or goods in a false or misleading manner;
22 (4) falsified or knowingly allowed another person to falsify
23 attendance records or certificates of completion of continuing
24 education courses provided under this chapter;
25 (5) been convicted of a crime that has a direct bearing on the
26 practitioner's ability to continue to practice competently;
27 (6) knowingly violated a state statute or rule or federal statute or
28 regulation regulating the profession for which the practitioner is
29 licensed;
30 (7) continued to practice although the practitioner has become
31 unfit to practice due to:
32 (A) professional incompetence;
33 (B) failure to keep abreast of current professional theory or
34 practice;
35 (C) physical or mental disability; or
36 (D) addiction to, abuse of, or severe dependency on alcohol or
37 other drugs that endanger the public by impairing a
38 practitioner's ability to practice safely;
39 (8) engaged in a course of lewd or immoral conduct in connection
40 with the delivery of services to the public;
41 (9) allowed the practitioner's name or a license issued under this
42 chapter to be used in connection with an individual or business
2025	IN 1630—LS 7524/DI 106 57
1 who renders services beyond the scope of that individual's or
2 business's training, experience, or competence;
3 (10) had disciplinary action taken against the practitioner or the
4 practitioner's license to practice in another state or jurisdiction on
5 grounds similar to those under this chapter;
6 (11) assisted another person in committing an act that would
7 constitute a ground for disciplinary sanction under this chapter;
8 or
9 (12) allowed a license issued by the department to be:
10 (A) used by another person; or
11 (B) displayed to the public when the license has expired, is
12 inactive, is invalid, or has been revoked or suspended.
13 For purposes of subdivision (10), a certified copy of a record of
14 disciplinary action constitutes prima facie evidence of a disciplinary
15 action in another jurisdiction.
16 (b) The department may impose one (1) or more of the following
17 sanctions if the department finds that a practitioner is subject to
18 disciplinary sanctions under subsection (a):
19 (1) Permanent revocation of a practitioner's license.
20 (2) Suspension of a practitioner's license.
21 (3) Censure of a practitioner.
22 (4) Issuance of a letter of reprimand.
23 (5) Assessment of a civil penalty against the practitioner in
24 accordance with the following:
25 (A) The civil penalty may not be more than one thousand
26 dollars ($1,000) for each violation listed in subsection (a),
27 except for a finding of incompetency due to a physical or
28 mental disability.
29 (B) When imposing a civil penalty, the department shall
30 consider a practitioner's ability to pay the amount assessed. If
31 the practitioner fails to pay the civil penalty within the time
32 specified by the department, the department may suspend the
33 practitioner's license without additional proceedings. However,
34 a suspension may not be imposed if the sole basis for the
35 suspension is the practitioner's inability to pay a civil penalty.
36 (6) Placement of a practitioner on probation status and
37 requirement of the practitioner to:
38 (A) report regularly to the department upon the matters that
39 are the basis of probation;
40 (B) limit practice to those areas prescribed by the department;
41 (C) continue or renew professional education approved by the
42 department until a satisfactory degree of skill has been attained
2025	IN 1630—LS 7524/DI 106 58
1 in those areas that are the basis of the probation; or
2 (D) perform or refrain from performing any acts, including
3 community restitution or service without compensation, that
4 the department considers appropriate to the public interest or
5 to the rehabilitation or treatment of the practitioner.
6 The department may withdraw or modify this probation if the
7 department finds after a hearing that the deficiency that required
8 disciplinary action has been remedied or that changed
9 circumstances warrant a modification of the order.
10 (c) If an applicant or a practitioner has engaged in or knowingly
11 cooperated in fraud or material deception to obtain a license to
12 practice, including cheating on the licensing examination, the
13 department may rescind the license if it has been granted, void the
14 examination or other fraudulent or deceptive material, and prohibit the
15 applicant from reapplying for the license for a length of time
16 established by the department.
17 (d) The department may deny licensure to an applicant who has had
18 disciplinary action taken against the applicant or the applicant's license
19 to practice in another state or jurisdiction or who has practiced without
20 a license in violation of the law. A certified copy of the record of
21 disciplinary action is conclusive evidence of the other jurisdiction's
22 disciplinary action.
23 (e) The department may order a practitioner to submit to a
24 reasonable physical or mental examination if the practitioner's physical
25 or mental capacity to practice safely and competently is at issue in a
26 disciplinary proceeding. Failure to comply with a department order to
27 submit to a physical or mental examination makes a practitioner liable
28 to temporary suspension under subsection (j).
29 (f) Except as provided under subsection (g) or (h), a license may not
30 be denied, revoked, or suspended because the applicant or holder has
31 been convicted of an offense. The acts from which the applicant's or
32 holder's conviction resulted may, however, be considered as to whether
33 the applicant or holder should be entrusted to serve the public in a
34 specific capacity.
35 (g) The department may deny, suspend, or revoke a license issued
36 under this chapter if the individual who holds the license is convicted
37 of any of the following:
38 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
39 (2) Possession of methamphetamine under IC 35-48-4-6.1.
40 (3) Possession of a controlled substance under IC 35-48-4-7(a).
41 (4) Fraudulently obtaining a controlled substance under
42 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
2025	IN 1630—LS 7524/DI 106 59
1 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
2 (5) Manufacture of paraphernalia as a Class D felony (for a crime
3 committed before July 1, 2014) or a Level 6 felony (for a crime
4 committed after June 30, 2014) under IC 35-48-4-8.1(b).
5 (6) Dealing in paraphernalia as a Class D felony (for a crime
6 committed before July 1, 2014) or a Level 6 felony (for a crime
7 committed after June 30, 2014) under IC 35-48-4-8.5(b).
8 (7) Possession of paraphernalia as a Class D felony (for a crime
9 committed before July 1, 2014) or a Level 6 felony (for a crime
10 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
11 its amendment on July 1, 2015).
12 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
13 D felony (for a crime committed before July 1, 2014) or a Level
14 6 felony (for a crime committed after June 30, 2014) under
15 IC 35-48-4-11.
16 (9) A felony offense under IC 35-48-4 involving possession of a
17 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
18 controlled substance analog (as defined in IC 35-48-1-9.3), or
19 possession of a synthetic drug lookalike substance (as defined in
20 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
21 (A) Class D felony for a crime committed before July 1, 2014;
22 or
23 (B) Level 6 felony for a crime committed after June 30, 2014;
24 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
25 (10) Maintaining a common nuisance under IC 35-48-4-13
26 (repealed) or IC 35-45-1-5, if the common nuisance involves a
27 controlled substance.
28 (11) An offense relating to registration, labeling, and prescription
29 forms under IC 35-48-4-14.
30 (h) The department shall deny, revoke, or suspend a license issued
31 under this chapter if the individual who holds the license is convicted
32 of any of the following:
33 (1) Dealing in a controlled substance resulting in death under
34 IC 35-42-1-1.5.
35 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
36 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
37 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
38 (5) Dealing in a schedule I, II, or III controlled substance under
39 IC 35-48-4-2.
40 (6) Dealing in a schedule IV controlled substance under
41 IC 35-48-4-3.
42 (7) Dealing in a schedule V controlled substance under
2025	IN 1630—LS 7524/DI 106 60
1 IC 35-48-4-4.
2 (8) Dealing in a substance represented to be a controlled
3 substance under IC 35-48-4-4.5 (repealed).
4 (9) Knowingly or intentionally manufacturing, advertising,
5 distributing, or possessing with intent to manufacture, advertise,
6 or distribute a substance represented to be a controlled substance
7 under IC 35-48-4-4.6.
8 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
9 (11) Dealing in marijuana, hash oil, hashish, or salvia or
10 mislabeled low THC hemp extract as a felony under
11 IC 35-48-4-10.
12 (12) An offense under IC 35-48-4 involving the manufacture or
13 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
14 synthetic drug lookalike substance (as defined in
15 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
16 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
17 substance analog (as defined in IC 35-48-1-9.3), or a substance
18 represented to be a controlled substance (as described in
19 IC 35-48-4-4.6).
20 (13) A violation of any federal or state drug law or rule related to
21 wholesale legend drug distributors licensed under IC 25-26-14.
22 (i) A decision of the department under subsections (b) through (h)
23 may be appealed to the commission under IC 4-21.5-3-7.
24 (j) The department may temporarily suspend a practitioner's license
25 under IC 4-21.5-4 before a final adjudication or during the appeals
26 process if the department finds that a practitioner represents a clear and
27 immediate danger to the public's health, safety, or property if the
28 practitioner is allowed to continue to practice.
29 (k) On receipt of a complaint or an information alleging that a
30 person licensed under this chapter has engaged in or is engaging in a
31 practice that jeopardizes the public health, safety, or welfare, the
32 department shall initiate an investigation against the person.
33 (l) Any complaint filed with the office of the attorney general
34 alleging a violation of this licensing program shall be referred to the
35 department for summary review and for its general information and any
36 authorized action at the time of the filing.
37 (m) The department shall conduct a fact finding investigation as the
38 department considers proper in relation to the complaint.
39 (n) The department may reinstate a license that has been suspended
40 under this section if, after a hearing, the department is satisfied that the
41 applicant is able to practice with reasonable skill, safety, and
42 competency to the public. As a condition of reinstatement, the
2025	IN 1630—LS 7524/DI 106 61
1 department may impose disciplinary or corrective measures authorized
2 under this chapter.
3 (o) The department may not reinstate a license that has been
4 revoked under this chapter. An individual whose license has been
5 revoked under this chapter may not apply for a new license until seven
6 (7) years after the date of revocation.
7 (p) The department shall seek to achieve consistency in the
8 application of sanctions authorized in this chapter. Significant
9 departures from prior decisions involving similar conduct must be
10 explained in the department's findings or orders.
11 (q) A practitioner may petition the department to accept the
12 surrender of the practitioner's license instead of having a hearing before
13 the commission. The practitioner may not surrender the practitioner's
14 license without the written approval of the department, and the
15 department may impose any conditions appropriate to the surrender or
16 reinstatement of a surrendered license.
17 (r) A practitioner who has been subjected to disciplinary sanctions
18 may be required by the commission to pay the costs of the proceeding.
19 The practitioner's ability to pay shall be considered when costs are
20 assessed. If the practitioner fails to pay the costs, a suspension may not
21 be imposed solely upon the practitioner's inability to pay the amount
22 assessed. The costs are limited to costs for the following:
23 (1) Court reporters.
24 (2) Transcripts.
25 (3) Certification of documents.
26 (4) Photo duplication.
27 (5) Witness attendance and mileage fees.
28 (6) Postage.
29 (7) Expert witnesses.
30 (8) Depositions.
31 (9) Notarizations.
32 SECTION 12. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
33 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
35 commission, or a committee may suspend, deny, or revoke a license or
36 certificate issued under this title by the board, the commission, or the
37 committee without an investigation by the office of the attorney general
38 if the individual who holds the license or certificate is convicted of any
39 of the following and the board, commission, or committee determines,
40 after the individual has appeared in person, that the offense affects the
41 individual's ability to perform the duties of the profession:
42 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
2025	IN 1630—LS 7524/DI 106 62
1 (2) Possession of methamphetamine under IC 35-48-4-6.1.
2 (3) Possession of a controlled substance under IC 35-48-4-7(a).
3 (4) Fraudulently obtaining a controlled substance under
4 IC 35-48-4-7(c).
5 (5) Manufacture of paraphernalia as a Class D felony (for a crime
6 committed before July 1, 2014) or a Level 6 felony (for a crime
7 committed after June 30, 2014) under IC 35-48-4-8.1(b).
8 (6) Dealing in paraphernalia as a Class D felony (for a crime
9 committed before July 1, 2014) or a Level 6 felony (for a crime
10 committed after June 30, 2014) under IC 35-48-4-8.5(b).
11 (7) Possession of paraphernalia as a Class D felony (for a crime
12 committed before July 1, 2014) or a Level 6 felony (for a crime
13 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
14 its amendment on July 1, 2015).
15 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
16 D felony (for a crime committed before July 1, 2014) or a Level
17 6 felony (for a crime committed after June 30, 2014) under
18 IC 35-48-4-11.
19 (9) A felony offense under IC 35-48-4 involving possession of a
20 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
21 controlled substance analog (as defined in IC 35-48-1-9.3), or
22 possession of a synthetic drug lookalike substance (as defined in
23 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
24 (A) Class D felony for a crime committed before July 1, 2014;
25 or
26 (B) Level 6 felony for a crime committed after June 30, 2014;
27 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
28 (10) Maintaining a common nuisance under IC 35-48-4-13
29 (repealed) or IC 35-45-1-5, if the common nuisance involves a
30 controlled substance.
31 (11) An offense relating to registration, labeling, and prescription
32 forms under IC 35-48-4-14.
33 (12) A sex crime under IC 35-42-4.
34 (13) A felony that reflects adversely on the individual's fitness to
35 hold a professional license.
36 SECTION 13. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
37 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 3. A board, a commission, or a committee shall
39 revoke or suspend a license or certificate issued under this title by the
40 board, the commission, or the committee if the individual who holds
41 the license or certificate is convicted of any of the following:
42 (1) Dealing in a controlled substance resulting in death under
2025	IN 1630—LS 7524/DI 106 63
1 IC 35-42-1-1.5.
2 (2) Dealing in or manufacturing cocaine or a narcotic drug under
3 IC 35-48-4-1.
4 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
5 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
6 (5) Dealing in a schedule I, II, or III controlled substance under
7 IC 35-48-4-2.
8 (6) Dealing in a schedule IV controlled substance under
9 IC 35-48-4-3.
10 (7) Dealing in a schedule V controlled substance under
11 IC 35-48-4-4.
12 (8) Dealing in a substance represented to be a controlled
13 substance under IC 35-48-4-4.5 (before its repeal on July 1,
14 2019).
15 (9) Knowingly or intentionally manufacturing, advertising,
16 distributing, or possessing with intent to manufacture, advertise,
17 or distribute a substance represented to be a controlled substance
18 under IC 35-48-4-4.6.
19 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
20 (11) Dealing in marijuana, hash oil, hashish, or salvia or
21 mislabeled low THC hemp extract as a felony under
22 IC 35-48-4-10.
23 (12) An offense under IC 35-48-4 involving the manufacture or
24 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
25 synthetic drug lookalike substance (as defined in
26 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
27 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
28 substance analog (as defined in IC 35-48-1-9.3), or a substance
29 represented to be a controlled substance (as described in
30 IC 35-48-4-4.6).
31 (13) A violation of any federal or state drug law or rule related to
32 wholesale legend drug distributors licensed under IC 25-26-14.
33 SECTION 14. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 1. (a) The following may be seized:
36 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
37 or are intended for use by the person or persons in possession of
38 them to transport or in any manner to facilitate the transportation
39 of the following:
40 (A) A controlled substance for the purpose of committing,
41 attempting to commit, or conspiring to commit any of the
42 following:
2025	IN 1630—LS 7524/DI 106 64
1 (i) Dealing in or manufacturing cocaine or a narcotic drug
2 (IC 35-48-4-1).
3 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
4 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
5 (iv) Dealing in a schedule I, II, or III controlled substance
6 (IC 35-48-4-2).
7 (v) Dealing in a schedule IV controlled substance (IC
8 35-48-4-3).
9 (vi) Dealing in a schedule V controlled substance (IC
10 35-48-4-4).
11 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
12 (viii) Possession of cocaine or a narcotic drug (IC
13 35-48-4-6).
14 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
15 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
16 (xi) Dealing in marijuana, hash oil, hashish, or salvia or
17 mislabeled low THC hemp extract (IC 35-48-4-10).
18 (xii) An offense under IC 35-48-4 involving a synthetic drug
19 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
20 substance (as defined in IC 35-31.5-2-321.5 (before its
21 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
22 repeal on July 1, 2019), a controlled substance analog (as
23 defined in IC 35-48-1-9.3), or a substance represented to be
24 a controlled substance (as described in IC 35-48-4-4.6).
25 (xiii) A violation of IC 7.1-8.
26 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
27 property (IC 35-43-4-3) if the retail or repurchase value of that
28 property is one hundred dollars ($100) or more.
29 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
30 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
31 mass destruction (as defined in IC 35-31.5-2-354) used to
32 commit, used in an attempt to commit, or used in a conspiracy
33 to commit a felony terrorist offense (as defined in
34 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
35 furtherance of an act of terrorism (as defined by
36 IC 35-31.5-2-329).
37 (2) All money, negotiable instruments, securities, weapons,
38 communications devices, or any property used to commit, used in
39 an attempt to commit, or used in a conspiracy to commit a felony
40 terrorist offense (as defined in IC 35-50-2-18) or an offense under
41 IC 35-47 as part of or in furtherance of an act of terrorism or
42 commonly used as consideration for a violation of IC 35-48-4
2025	IN 1630—LS 7524/DI 106 65
1 (other than items subject to forfeiture under IC 16-42-20-5 or
2 IC 16-6-8.5-5.1, before its repeal):
3 (A) furnished or intended to be furnished by any person in
4 exchange for an act that is in violation of a criminal statute;
5 (B) used to facilitate any violation of a criminal statute; or
6 (C) traceable as proceeds of the violation of a criminal statute.
7 (3) Any portion of real or personal property purchased with
8 money that is traceable as a proceed of a violation of a criminal
9 statute.
10 (4) A vehicle that is used by a person to:
11 (A) commit, attempt to commit, or conspire to commit;
12 (B) facilitate the commission of; or
13 (C) escape from the commission of;
14 murder (IC 35-42-1-1), dealing in a controlled substance resulting
15 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
16 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
17 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
18 under IC 35-47 as part of or in furtherance of an act of terrorism.
19 (5) Real property owned by a person who uses it to commit any of
20 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
21 felony:
22 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
23 35-48-4-1).
24 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
25 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
26 (D) Dealing in a schedule I, II, or III controlled substance (IC
27 35-48-4-2).
28 (E) Dealing in a schedule IV controlled substance (IC
29 35-48-4-3).
30 (F) Dealing in marijuana, hash oil, hashish, or salvia or
31 mislabeled low THC hemp extract (IC 35-48-4-10).
32 (G) Dealing in a synthetic drug (as defined in
33 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
34 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
35 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
36 2019).
37 (H) Dealing in a controlled substance resulting in death (IC
38 35-42-1-1.5).
39 (6) Equipment and recordings used by a person to commit fraud
40 under IC 35-43-5.
41 (7) Recordings sold, rented, transported, or possessed by a person
42 in violation of IC 24-4-10.
2025	IN 1630—LS 7524/DI 106 66
1 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
2 defined by IC 35-45-6-1) that is the object of a corrupt business
3 influence violation (IC 35-45-6-2).
4 (9) Unlawful telecommunications devices (as defined in
5 IC 35-45-13-6) and plans, instructions, or publications used to
6 commit an offense under IC 35-45-13.
7 (10) Any equipment, including computer equipment and cellular
8 telephones, used for or intended for use in preparing,
9 photographing, recording, videotaping, digitizing, printing,
10 copying, or disseminating matter in violation of IC 35-42-4.
11 (11) Destructive devices used, possessed, transported, or sold in
12 violation of IC 35-47.5.
13 (12) Tobacco products that are sold in violation of IC 24-3-5,
14 tobacco products that a person attempts to sell in violation of
15 IC 24-3-5, and other personal property owned and used by a
16 person to facilitate a violation of IC 24-3-5.
17 (13) Property used by a person to commit counterfeiting or
18 forgery in violation of IC 35-43-5-2.
19 (14) After December 31, 2005, if a person is convicted of an
20 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
21 following real or personal property:
22 (A) Property used or intended to be used to commit, facilitate,
23 or promote the commission of the offense.
24 (B) Property constituting, derived from, or traceable to the
25 gross proceeds that the person obtained directly or indirectly
26 as a result of the offense.
27 (15) Except as provided in subsection (e), a vehicle used by a
28 person who operates the vehicle:
29 (A) while intoxicated, in violation of IC 9-30-5-1 through
30 IC 9-30-5-5, if in the previous five (5) years the person has two
31 (2) or more prior unrelated convictions for operating a motor
32 vehicle while intoxicated in violation of IC 9-30-5-1 through
33 IC 9-30-5-5; or
34 (B) on a highway while the person's driving privileges are
35 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
36 if in the previous five (5) years the person has two (2) or more
37 prior unrelated convictions for operating a vehicle while
38 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
39 If a court orders the seizure of a vehicle under this subdivision,
40 the court shall transmit an order to the bureau of motor vehicles
41 recommending that the bureau not permit a vehicle to be
42 registered in the name of the person whose vehicle was seized
2025	IN 1630—LS 7524/DI 106 67
1 until the person possesses a current driving license (as defined in
2 IC 9-13-2-41).
3 (16) Cannabis and cannabis products grown, processed, sold,
4 or offered for sale in violation of IC 7.1-8.
5 (16) (17) The following real or personal property:
6 (A) Property used or intended to be used to commit, facilitate,
7 or promote the commission of an offense specified in
8 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
9 IC 30-2-13-38(f).
10 (B) Property constituting, derived from, or traceable to the
11 gross proceeds that a person obtains directly or indirectly as a
12 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
13 IC 30-2-10-9(b), or IC 30-2-13-38(f).
14 (17) (18) Real or personal property, including a vehicle, that is
15 used by a person to:
16 (A) commit, attempt to commit, or conspire to commit;
17 (B) facilitate the commission of; or
18 (C) escape from the commission of;
19 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
20 trafficking) or IC 35-45-4-4 (promoting prostitution).
21 (b) A vehicle used by any person as a common or contract carrier in
22 the transaction of business as a common or contract carrier is not
23 subject to seizure under this section, unless it can be proven by a
24 preponderance of the evidence that the owner of the vehicle knowingly
25 permitted the vehicle to be used to engage in conduct that subjects it to
26 seizure under subsection (a).
27 (c) Equipment under subsection (a)(10) may not be seized unless it
28 can be proven by a preponderance of the evidence that the owner of the
29 equipment knowingly permitted the equipment to be used to engage in
30 conduct that subjects it to seizure under subsection (a)(10).
31 (d) Money, negotiable instruments, securities, weapons,
32 communications devices, or any property commonly used as
33 consideration for a violation of IC 35-48-4 found near or on a person
34 who is committing, attempting to commit, or conspiring to commit any
35 of the following offenses shall be admitted into evidence in an action
36 under this chapter as prima facie evidence that the money, negotiable
37 instrument, security, or other thing of value is property that has been
38 used or was to have been used to facilitate the violation of a criminal
39 statute or is the proceeds of the violation of a criminal statute:
40 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
41 death).
42 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
2025	IN 1630—LS 7524/DI 106 68
1 narcotic drug).
2 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
3 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
4 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
5 substance).
6 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
7 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
8 as a Level 4 felony.
9 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
10 Level 3, Level 4, or Level 5 felony.
11 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
12 3, Level 4, or Level 5 felony.
13 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
14 salvia or mislabeled low THC hemp extract) as a Level 5
15 felony.
16 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
17 in a synthetic drug or synthetic drug lookalike substance) as a
18 Level 5 felony or Level 6 felony (or as a Class C felony or Class
19 D felony under IC 35-48-4-10 before its amendment in 2013).
20 (e) A vehicle operated by a person who is not:
21 (1) an owner of the vehicle; or
22 (2) the spouse of the person who owns the vehicle;
23 is not subject to seizure under subsection (a)(15) unless it can be
24 proven by a preponderance of the evidence that the owner of the
25 vehicle knowingly permitted the vehicle to be used to engage in
26 conduct that subjects it to seizure under subsection (a)(15).
27 SECTION 15. IC 34-30-2.1-73.5 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 73.5. IC 7.1-8-7-16 (Concerning
30 acts and omissions of the members of the cannabis commission and
31 their officers and employees).
32 SECTION 16. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
33 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 185. (a) "Law enforcement officer" means:
35 (1) a police officer (including a tribal police officer, a correctional
36 police officer, and a hospital police officer employed by a hospital
37 police department established under IC 16-18-4), sheriff,
38 constable, marshal, prosecuting attorney, special prosecuting
39 attorney, special deputy prosecuting attorney, the securities
40 commissioner, or the inspector general;
41 (2) a deputy of any of those persons;
42 (3) an investigator for a prosecuting attorney or for the inspector
2025	IN 1630—LS 7524/DI 106 69
1 general;
2 (4) a conservation officer;
3 (5) an enforcement officer of the alcohol and tobacco commission
4 or of the cannabis commission;
5 (6) an enforcement officer of the securities division of the office
6 of the secretary of state; or
7 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
8 control officer employed by the gaming control division under
9 IC 4-33-20.
10 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
11 includes an alcoholic beverage enforcement officer, as set forth in
12 IC 35-42-2-1.
13 (c) "Law enforcement officer", for purposes of IC 35-45-15,
14 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
15 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
16 IC 35-44.1-3-2, includes a school resource officer (as defined in
17 IC 20-26-18.2-1) and a school corporation police officer appointed
18 under IC 20-26-16.
19 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
20 meaning set forth in IC 35-40.5-1-1.
21 SECTION 17. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
22 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 1. (a) The definitions in this section apply
24 throughout this chapter.
25 (b) "Documentary material" means any document, drawing,
26 photograph, recording, or other tangible item containing compiled data
27 from which information can be either obtained or translated into a
28 usable form.
29 (c) "Enterprise" means:
30 (1) a sole proprietorship, corporation, limited liability company,
31 partnership, business trust, or governmental entity; or
32 (2) a union, an association, or a group, whether a legal entity or
33 merely associated in fact.
34 (d) "Pattern of racketeering activity" means engaging in at least two
35 (2) incidents of racketeering activity that have the same or similar
36 intent, result, accomplice, victim, or method of commission, or that are
37 otherwise interrelated by distinguishing characteristics that are not
38 isolated incidents. However, the incidents are a pattern of racketeering
39 activity only if at least one (1) of the incidents occurred after August
40 31, 1980, and if the last of the incidents occurred within five (5) years
41 after a prior incident of racketeering activity.
42 (e) "Racketeering activity" means to commit, to attempt to commit,
2025	IN 1630—LS 7524/DI 106 70
1 to conspire to commit a violation of, or aiding and abetting in a
2 violation of any of the following:
3 (1) A provision of IC 23-19, or of a rule or order issued under
4 IC 23-19.
5 (2) A violation of IC 35-45-9.
6 (3) A violation of IC 35-47.
7 (4) A violation of IC 35-49-3.
8 (5) Murder (IC 35-42-1-1).
9 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
10 felony after June 30, 2014 (IC 35-42-2-1).
11 (7) Kidnapping (IC 35-42-3-2).
12 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
13 (9) Child exploitation (IC 35-42-4-4).
14 (10) Robbery (IC 35-42-5-1).
15 (11) Carjacking (IC 35-42-5-2) (before its repeal).
16 (12) Arson (IC 35-43-1-1).
17 (13) Burglary (IC 35-43-2-1).
18 (14) Theft (IC 35-43-4-2).
19 (15) Receiving stolen property (IC 35-43-4-2) (before its
20 amendment on July 1, 2018).
21 (16) Forgery (IC 35-43-5-2).
22 (17) An offense under IC 35-43-5.
23 (18) Bribery (IC 35-44.1-1-2).
24 (19) Official misconduct (IC 35-44.1-1-1).
25 (20) Conflict of interest (IC 35-44.1-1-4).
26 (21) Perjury (IC 35-44.1-2-1).
27 (22) Obstruction of justice (IC 35-44.1-2-2).
28 (23) Intimidation (IC 35-45-2-1).
29 (24) Promoting prostitution (IC 35-45-4-4).
30 (25) Professional gambling (IC 35-45-5-3).
31 (26) Maintaining a professional gambling site (IC
32 35-45-5-3.5(b)).
33 (27) Promoting professional gambling (IC 35-45-5-4).
34 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
35 35-48-4-1).
36 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
37 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
38 (31) Dealing in a schedule I, II, or III controlled substance (IC
39 35-48-4-2).
40 (32) Dealing in a schedule IV controlled substance (IC
41 35-48-4-3).
42 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
2025	IN 1630—LS 7524/DI 106 71
1 (34) Dealing in marijuana, hash oil, hashish, or salvia or
2 mislabeled low THC hemp extract (IC 35-48-4-10).
3 (35) Money laundering (IC 35-45-15-5).
4 (36) A violation of IC 35-47.5-5.
5 (37) A violation of any of the following:
6 (A) IC 23-14-48-9.
7 (B) IC 30-2-9-7(b).
8 (C) IC 30-2-10-9(b).
9 (D) IC 30-2-13-38(f).
10 (38) Practice of law by a person who is not an attorney (IC
11 33-43-2-1).
12 (39) An offense listed in IC 35-48-4 involving the manufacture or
13 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
14 synthetic drug lookalike substance (as defined in
15 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
16 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
17 substance analog (as defined in IC 35-48-1-9.3), or a substance
18 represented to be a controlled substance (as described in
19 IC 35-48-4-4.6).
20 (40) Dealing in a controlled substance resulting in death (IC
21 35-42-1-1.5).
22 (41) Organized retail theft (IC 35-43-4-2.2).
23 SECTION 18. IC 35-48-2-4, AS AMENDED BY P.L.84-2024,
24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 4. (a) The controlled substances listed in this
26 section are included in schedule I.
27 (b) Opiates. Any of the following opiates, including their isomers,
28 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
29 specifically excepted by rule of the board or unless listed in another
30 schedule, whenever the existence of these isomers, esters, ethers, and
31 salts is possible within the specific chemical designation:
32 4-fluoroisobutyryl fentanyl
33 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
34 piperidinyl]-N-phenylacetamide) (9815)
35 Acetyl fentanyl (Other names include:
36 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
37 Acetylmethadol (9601)
38 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
39 N-phenylacrylamide
40 Allylprodine (9602)
41 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
42 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
2025	IN 1630—LS 7524/DI 106 72
1 Alphacetylmethadol (9603)
2 Alphameprodine (9604)
3 Alphamethadol (9605)
4 Alpha'-Methyl butyryl fentanyl (2-methyl-N-(1-
5 phenethylpiperidin- 4-yl)-N-phenylbutanamide) (9864)
6 Alphamethylfentanyl (9814)
7 Benzethidine (9606)
8 Beta-hydroxy-3-methylfentanyl (9831). Other name:
9 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
10 ]-N-phenylpropanamide
11 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
12 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
13 Betacetylmethadol (9607)
14 Betameprodine (9608)
15 Betamethadol (9609)
16 Betaprodine (9611)
17 Brorphine(9098). Other name:
18 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2
19 H-benzo[d]imidazol-2-one
20 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1yl)-N,N-dieth
21 ylethan-1-amine (butonitazene); other name: butoxynitazene
22 Clonitazene (9612)
23 Cyclopentyl fentanyl. Other name:
24 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
25 Dextromoramide (9613)
26 Diampromide (9615)
27 Diethylthiambutene (9616)
28 N,N-diethyl-2-(2-(4-flourobenzyl)-5-nitro-1H-benzimidazol-1-y
29 l)ethan-1-amine (flunitazene)
30 N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)eth
31 an-1-amine (metodesnitazene)
32 N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-
33 1-yl)ethan-1-amine (metonitazene)
34 N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-
35 1-yl)ethan-1-amine (protonitazene); other name: pronitazene
36 Difenoxin (9168)
37 Dimenoxadol (9617)
38 Dimepheptanol (9618)
39 2',5'-Dimethoxyfentanyl (N-(1- (2,5-dimethoxyphenethyl)
40 piperidin-4-yl)- N-phenylpropionamide) (9861)
41 Dimethylthiambutene (9619)
42 Dioxaphetyl butyrate (9621)
2025	IN 1630—LS 7524/DI 106 73
1 Dipipanone (9622)
2 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1yl)-N,N-diethylethan-
3 1-amine (etodesnitazene; etazene)
4 2-(4-ethnoxybenzyl)5-nitro-1(2-(pyrorolidin-1-yl)ethyl)-1H-ben
5 zimidazol (N-pyrrolidino etonizatene; etonitazepyne)
6 Ethylmethylthiambutene (9623)
7 Etonitazene (9624)
8 Etoxeridine (9625)
9 Fentanyl related substances.
10 Furanyl fentanyl (N-(1-phenethylpiperidin- 4-yl)- N-phenylfuran-
11 2-carboxamide) (9834)
12 3-Furanyl fentanyl (N-(1-phenethylpiperidin- 4-yl)-
13 N-phenylfuran- 3- carboxamide) (9860)
14 Furethidine (9626)
15 Hydroxypethidine (9627)
16 Isobutyryl fentanyl. Other name:
17 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
18 Isotonitazene. Other name: N,N-diethyl-2-
19 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
20 1-yl)ethan-1-amine)
21 Isovaleryl fentanyl (3-methyl- N-(1-phenethylpiperidin-4-yl)- N-
22 phenylbutanamide) (9862)
23 Ketobemidone (9628)
24 Levomoramide (9629)
25 Levophenacylmorphan (9631)
26 Meta-Fluorofentanyl (N-(3- fluorophenyl)- N-
27 (1-phenethylpiperidin-4-yl) propionamide) (9857)
28 Meta-Fluoroisobutyryl fentanyl (N-(3-fluorophenyl)- N-
29 (1-phenethylpiperidin-4-yl) isobutyramide) (9858)
30 Methoxyacetyl fentanyl. Other name:
31 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
32 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
33 piperidyl]-N-phenyl-propanimide](9813)
34 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
35 piperidinyl]-N-phenylpropanamide) (9833)
36 M etonitazene
37 (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol
38 -1-yl)ethan-1-amine) (9757)
39 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
40 Morpheridine (9632)
41 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
42 including any isomers, salts, or salts of isomers (9818)
2025	IN 1630—LS 7524/DI 106 74
1 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
2 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
3 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
4 (beta-hydroxythiofentanyl)
5 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
6 (para-chloroisobutyryl fentanyl)
7 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
8 acetamide (ocfentanil)
9 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
10 (para-fluorobutyryl fentanyl)
11 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
12 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
13 fentanyl)
14 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
15 fentanyl)
16 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
17 (para-methoxybutyryl fentanyl)
18 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
19 (thenylfentanyl), including any isomers, salts, or salts of isomers
20 (9834)
21 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
22 fentanyl)
23 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
24 (cyclopentyl fentanyl)
25 Noracymethadol (9633)
26 Norlevorphanol (9634)
27 Normethadone (9635)
28 Norpipanone (9636)
29 Ocfentanil. Other name:
30 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
31 acetamide
32 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
33 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
34 Ortho-Fluorofuranyl fentanyl (N-(2-fluorophenyl)- N-
35 (1-phenethylpiperidin-4-yl)furan-2-carboxamide) (9863)
36 Para-chloroisobutyryl fentanyl. Other name:
37 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
38 Para-fluorobutyryl fentanyl. Other name:
39 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
40 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
41 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
42 Para-methoxybutyryl fentanyl. Other name:
2025	IN 1630—LS 7524/DI 106 75
1 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
2 Para-Methoxyfuranyl fentanyl (N-(4-methoxyphenyl)- N-
3 (1-phenethylpiperidin-4-yl) furan-2-carboxamide (9859)
4 Para-Methylcyclopropyl fentanyl (N-(4-methylphenyl)- N-
5 (1-phenethylpiperidin- 4-yl)cyclopropanecarboxamide) (9865)
6 Phenadoxone (9637)
7 Phenampromide (9638)
8 Phenomorphan (9647)
9 Phenoperidine (9641)
10 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
11 Piritramide (9642)
12 Proheptazine (9643)
13 Properidine (9644)
14 Propiram (9649)
15 Racemoramide (9645)
16 Tetrahydrofuranyl fentanyl. Other name:
17 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
18 oxamide
19 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
20 piperidinyl]-propanamide) (9835)
21 Tianeptine (7-[(3-chloro-6-methyl-5,5-dioxo-11H-benzo[c]
22 [2,1]benzothiazepin-11-yl)amino]heptanoic acid)
23 Tilidine (9750)
24 Trimeperidine (9646)
25 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
26 N-methyl- benzamide)
27 Valeryl fentanyl. Other name:
28 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
29 Zipeprol (1-methoxy-3- [4-(2-methoxy-2-phenylethyl) piperazin-
30 1-yl]- 1- phenylpropan- 2-ol) (9873)
31 (c) Opium derivatives. Any of the following opium derivatives, their
32 salts, isomers, and salts of isomers, unless specifically excepted by rule
33 of the board or unless listed in another schedule, whenever the
34 existence of these salts, isomers, and salts of isomers is possible within
35 the specific chemical designation:
36 Acetorphine (9319)
37 Acetyldihydrocodeine (9051)
38 Benzylmorphine (9052)
39 Codeine methylbromide (9070)
40 Codeine-N-Oxide (9053)
41 Cyprenorphine (9054)
42 Desomorphine (9055)
2025	IN 1630—LS 7524/DI 106 76
1 Dihydromorphine (9145)
2 Drotebanol (9335)
3 Etorphine (except hydrochloride salt) (9056)
4 Heroin (9200)
5 Hydromorphinol (9301)
6 Methyldesorphine (9302)
7 Methyldihydromorphine (9304)
8 Morphine methylbromide (9305)
9 Morphine methylsulfonate (9306)
10 Morphine-N-Oxide (9307)
11 Myrophine (9308)
12 Nicocodeine (9309)
13 Nicomorphine (9312)
14 Normorphine (9313)
15 Pholcodine (9314)
16 Thebacon (9315)
17 (d) Hallucinogenic substances. Unless specifically excepted or
18 unless listed in another schedule, any material, compound, mixture, or
19 preparation which contains any quantity of the following
20 hallucinogenic, psychedelic, or psychogenic substances, their salts,
21 isomers, and salts of isomers whenever the existence of these salts,
22 isomers, and salts of isomers is possible within the specific chemical
23 designation (for purposes of this subsection only, the term "isomer"
24 includes the optical, position, and geometric isomers):
25 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
26 TCPy.
27 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
28 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
29 4-Bromo-2, 5-DMA.
30 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
31 or other names:
32 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
33 alpha-desmethyl DOB; 2C-B, Nexus.
34 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
35 DOET.
36 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
37 Other name: 2C-T-7.
38 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
39 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
40 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
41 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
42 PMA.
2025	IN 1630—LS 7524/DI 106 77
1 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
2 Name: MMDA.
3 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
4 isomers, salts, or salts of isomers (7439). Other name:
5 5-MeO-DIPT.
6 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
7 and other names: 4-methyl-2,
8 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
9 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
10 MDA.
11 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
12 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
13 phenethylamine; N-ethyl MDA; MDE; and MDEA.
14 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
15 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
16 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
17 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
18 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
19 (16) Alpha-methyltryptamine (7432). Other name: AMT.
20 (17) Bufotenine (7433). Some trade and other names:
21 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
22 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
23 5-hydroxy-N, N-dimethyltryptamine; mappine.
24 (18) Diethyltryptamine (7434). Some trade or other names: N,
25 N-Diethyltryptamine; DET.
26 (19) Dimethyltryptamine (7435). Some trade or other names:
27 DMT.
28 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
29 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
30 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
31 (21) Lysergic acid diethylamide (7315). Other name: LSD.
32 (22) Marijuana (7360).
33 (23) (22) Mescaline (7381).
34 (24) (23) Methoxetamine[2-(ethylamino)-2-(3-methoxyphenyl)
35 cyclohexan-1-one or 2-(3-methoxyphenyl)-2-(ethylamino)-
36 cyclohexanone].
37 (25) (24) Parahexyl (7374). Some trade or other names:
38 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
39 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
40 (26) (25) Peyote (7415), including:
41 (A) all parts of the plant that are classified botanically as
42 lophophora williamsii lemaire, whether growing or not;
2025	IN 1630—LS 7524/DI 106 78
1 (B) the seeds thereof;
2 (C) any extract from any part of the plant; and
3 (D) every compound, manufacture, salt, derivative, mixture, or
4 preparation of the plant, its seeds, or extracts.
5 (27) (26) N-ethyl-3-piperidyl benzilate (7482). Other name:
6 DMZ.
7 (28) (27) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
8 Other names: N-hydroxy-alpha-methyl-3,4
9 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
10 (29) (28) N-methyl-3-piperidyl benzilate (7484). Other name:
11 LBJ.
12 (30) (29) Psilocybin (7437).
13 (31) (30) Psilocyn (7438).
14 (32) (31) Tetrahydrocannabinols (7370), including synthetic
15 equivalents of the substances contained in the plant, or in the
16 resinous extractives of Cannabis, sp. and synthetic substances,
17 derivatives, and their isomers with similar chemical structure and
18 pharmacological activity such as:
19 (A) ð
1
 cis or trans tetrahydrocannabinol, and their optical
20 isomers;
21 (B) ð
6
 cis or trans tetrahydrocannabinol, and their optical
22 isomers; and
23 (C) ð
3,
4 cis or trans tetrahydrocannabinol, and their optical
24 isomers.
25 Since nomenclature of these substances is not internationally
26 standardized, compounds of these structures, regardless of
27 numerical designation of atomic positions are covered. Other
28 name: THC.
29 (33) (32) Ethylamine analog of phencyclidine (7455). Some trade
30 or other names: N-Ethyl-1-phenylcyclohexylamine;
31 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
32 ethylamine; cyclohexamine; PCE.
33 (34) (33) Pyrrolidine analog of phencyclidine (7458). Some trade
34 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
y; PHP.
35 (35) (34) Thiophene analog of phencyclidine (7470). Some trade
36 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
37 Analog of Phencyclidine; TPCP.
38 (36) (35) Salvia divinorum or salvinorin A, including:
39 (A) all parts of the plant that are classified botanically as salvia
40 divinorum, whether growing or not;
41 (B) the seeds of the plant;
42 (C) any extract from any part of the plant; and
2025	IN 1630—LS 7524/DI 106 79
1 (D) every compound, manufacture, salt, derivative, mixture, or
2 preparation of the plant, its seeds, or extracts.
3 (37) (36) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
4 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
5 5-MeO-DMT.
6 (38) (37) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
7 (39) (38) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
8 (40) (39) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
9 (41) (40) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
10 (42) (41) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
11 (2C-T-2).
12 (43) (42) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
13 (2C-T-4).
14 (44) (43) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
15 (45) (44) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
16 (46) (45) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
17 (2C-P).
18 (47) (46) Deschloroketamine (2-Phenyl-2-
19 (methylamino)cyclohexanone).
20 (48) (47) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
21 ethyltryptamine).
22 (49) (48) N-methyltryptamine (1H-Indole-3-ethanamine,
23 N-methyl-).
24 (50) (49) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one
25 (other names: eutylone; bk-EBDB (7549)).
26 (51) (50) N-(1-amino- 3,3-dimethyl-1- oxobutan-2-yl)-
27 1-butyl-1H-indazole-3- carboxamide (other name:
28 ADB–BUTINACA) (7027).
29 (52) (51) 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one
30 (other names: á-PiHP; alpha-PiHP) (7551).
31 (53) (52) 2-(methylamino)-1-(3-methylphenyl)propan-1-one
32 (other names: 3–MMC; 3-methylmethcathinone) (1259).
33 (e) Depressants. Unless specifically excepted in a rule adopted by
34 the board or unless listed in another schedule, any material, compound,
35 mixture, or preparation which contains any quantity of the following
36 substances having a depressant effect on the central nervous system,
37 including its salts, isomers, and salts of isomers whenever the existence
38 of such salts, isomers, and salts of isomers is possible within the
39 specific chemical designation:
40 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
41 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
42 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
2025	IN 1630—LS 7524/DI 106 80
1 Pasaden)
2 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
3 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
4 Gamma-hydroxybutyric acid (other names include GHB;
5 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
6 oxybate; sodium oxybutyrate) (2010)
7 Mecloqualone (2572)
8 Methaqualone (2565)
9 (f) Stimulants. Unless specifically excepted or unless listed in
10 another schedule, any material, compound, mixture, or preparation that
11 contains any quantity of the following substances having a stimulant
12 effect on the central nervous system, including its salts, isomers, and
13 salts of isomers:
14 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
15 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590).
16 Amineptine (7-[(10,11-dihydro-5H- dibenzo[a,d]cyclohepten- 5-
17 yl)amino] heptanoic acid) (1219).
18 Aminorex (1585). Other names: aminoxaphen;
19 2-amino-5-phenyl-2-oxazoline; or
20 4,5-dihydro-5-phenyl-2-oxazolamine.
21 4,4'-Dimethylaminorex (4,4'-DMAR; 4,5-dihydro- 4-methyl-5-(4-
22 methylphenyl)- 2- oxazolamine; 4-methyl-5- (4-methylphenyl)-
23 4,5-dihydro-1,3-oxazol- 2-amine).
24 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
25 -1-one. Synonyms: BMDP, N-benzyl methylone,
26 3,4-Methylenedioxy-Nbenzylcathinone,
27 N-benzyl-3,4-methylenedioxycathinone.
28 Cathinone (1235). Some trade or other names:
29 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
30 2-aminopropiophenone; and norephedrone.
31 Fenethylline (1503).
32 N-Benzylpiperazine (7493). Other names: BZP; and
33 1-benzylpiperazine.
34 N-ethylamphetamine (1475).
35 Mesocarb (N-phenyl-N-(3-(1-
36 phenylpropan-2-yl)-1,2,3-oxadiazol-3- ium-5yl)carbamimidate)
37 (1227).
38 Methcathinone (1237). Some other trade names:
39 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
40 Monomethylpropion; UR 1431.
41 N, N-dimethylamphetamine (1480). Other names: N,
42 N-alpha-trimethyl-benzeneethanamine; and N,
2025	IN 1630—LS 7524/DI 106 81
1 N-alpha-trimethylphenethylamine.
2 Methiopropamine (N-methyl-1- (thiophen-2-yl) propan-2- amine)
3 (1478).
4 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
5 SECTION 19. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
6 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 8.5. (a) A person who keeps for sale, offers for
8 sale, delivers, or finances the delivery of a raw material, an instrument,
9 a device, or other object that is intended to be or that is designed or
10 marketed to be used primarily for:
11 (1) ingesting, inhaling, or otherwise introducing into the human
12 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
13 controlled substance;
14 (2) testing the strength, effectiveness, or purity of marijuana, hash
15 oil, hashish, salvia, a synthetic drug, or a controlled substance;
16 (3) enhancing the effect of a controlled substance;
17 (4) manufacturing, compounding, converting, producing,
18 processing, or preparing marijuana, hash oil, hashish, salvia, a
19 synthetic drug, or a controlled substance;
20 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
21 synthetic drug, or a controlled substance by individuals; or
22 (6) any purpose announced or described by the seller that is in
23 violation of this chapter;
24 commits a Class A infraction for dealing in paraphernalia.
25 (b) A person who knowingly or intentionally violates subsection (a)
26 commits a Class A misdemeanor. However, the offense is a Level 6
27 felony if the person has a prior unrelated judgment or conviction under
28 this section.
29 (c) This section does not apply to the following:
30 (1) Items marketed for use in the preparation, compounding,
31 packaging, labeling, or other use of marijuana, hash oil, hashish,
32 salvia, a synthetic drug, or a controlled substance as an incident
33 to lawful research, teaching, or chemical analysis and not for sale.
34 (2) Items marketed for or historically and customarily used in
35 connection with the planting, propagating, cultivating, growing,
36 harvesting, manufacturing, compounding, converting, producing,
37 processing, preparing, testing, analyzing, packaging, repackaging,
38 storing, containing, concealing, injecting, ingesting, or inhaling
39 of tobacco or any other lawful substance.
40 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
41 a syringe or needle as part of a program under IC 16-41-7.5.
42 (4) Any entity or person that provides funding to a qualified entity
2025	IN 1630—LS 7524/DI 106 82
1 (as defined in IC 16-41-7.5-3) to operate a program described in
2 IC 16-41-7.5.
3 SECTION 20. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
4 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 10. (a) A person who:
6 (1) knowingly or intentionally:
7 (A) manufactures;
8 (B) finances the manufacture of;
9 (C) delivers; or
10 (D) finances the delivery of;
11 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
12 (2) possesses, with intent to:
13 (A) manufacture;
14 (B) finance the manufacture of;
15 (C) deliver; or
16 (D) finance the delivery of;
17 marijuana, hash oil, hashish, or salvia, pure or adulterated;
18 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
19 misdemeanor, except as provided in subsections (b) through (d).
20 (b) A person may be convicted of an offense under subsection (a)(2)
21 only if:
22 (1) there is evidence in addition to the weight of the drug that the
23 person intended to manufacture, finance the manufacture of,
24 deliver, or finance the delivery of the drug; or
25 (2) the amount of the drug involved is at least
26 (A) ten (10) pounds, if the drug is marijuana; or
27 (B) three hundred (300) grams, if the drug is hash oil, hashish,
28 or salvia.
29 (c) The offense is a Level 6 felony if:
30 (1) the person has a prior conviction for a drug offense and the
31 amount of the drug involved is
32 (A) less than thirty (30) grams of marijuana; or
33 (B) less than five (5) grams of hash oil, hashish, or salvia; or
34 (2) the amount of the drug involved is
35 (A) at least thirty (30) grams but less than ten (10) pounds of
36 marijuana; or
37 (B) at least five (5) grams but less than three hundred (300)
38 grams of hash oil, hashish, or salvia.
39 (d) The offense is a Level 5 felony if:
40 (1) the person has a prior conviction for a drug dealing offense
41 and the amount of the drug involved is
42 (A) at least thirty (30) grams but less than ten (10) pounds of
2025	IN 1630—LS 7524/DI 106 83
1 marijuana; or
2 (B) at least five (5) grams but less than three hundred (300)
3 grams of hash oil, hashish, or salvia; or
4 (2) the:
5 (A) amount of the drug involved is
6 (i) at least ten (10) pounds of marijuana; or
7 (ii) at least three hundred (300) grams of hash oil, hashish,
8 or salvia; or
9 (B) offense involved a sale to a minor. or
10 (3) the:
11 (A) person is a retailer;
12 (B) marijuana, hash oil, hashish, or salvia is packaged in a
13 manner that appears to be low THC hemp extract; and
14 (C) person knew or reasonably should have known that the
15 product was marijuana, hash oil, hashish, or salvia.
16 (e) A retailer who:
17 (1) knowingly or intentionally:
18 (A) manufactures;
19 (B) finances the manufacture of;
20 (C) delivers; or
21 (D) finances the delivery of;
22 marijuana, hash oil, hashish, or salvia, pure or adulterated,
23 that is packaged in a manner that appears to be low THC
24 hemp extract; or
25 (2) possesses, with intent to:
26 (A) manufacture;
27 (B) finance the manufacture of;
28 (C) deliver; or
29 (D) finance the delivery of;
30 marijuana, hash oil, hashish, or salvia, pure or adulterated,
31 that is packaged in a manner that appears to be low THC
32 hemp extract;
33 commits dealing in mislabeled low THC hemp extract, a Level 5
34 felony, if the retailer knew or reasonably should have known that
35 the product was marijuana, hash oil, hashish, or salvia.
36 SECTION 21. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
37 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 11. (a) A person who
39 (1) knowingly or intentionally possesses (pure or adulterated)
40 marijuana, hash oil, hashish, or salvia
41 (2) knowingly or intentionally grows or cultivates marijuana; or
42 (3) knowing that marijuana is growing on the person's premises,
2025	IN 1630—LS 7524/DI 106 84
1 fails to destroy the marijuana plants;
2 commits possession of marijuana, hash oil, hashish, or salvia, a Class
3 B misdemeanor, except as provided in subsections (b) through (c).
4 (b) The offense described in subsection (a) is a Class A
5 misdemeanor if
6 (1) the person has a prior conviction for a drug offense. or
7 (2) the:
8 (A) marijuana, hash oil, hashish, or salvia is packaged in a
9 manner that appears to be low THC hemp extract; and
10 (B) person knew or reasonably should have known that the
11 product was marijuana, hash oil, hashish, or salvia.
12 (c) The offense described in subsection (a) is a Level 6 felony if:
13 (1) the person has a prior conviction for a drug offense; and
14 (2) the person possesses
15 (A) at least thirty (30) grams of marijuana; or
16 (B) at least five (5) grams of hash oil, hashish, or salvia.
17 (d) A person who:
18 (1) knowingly or intentionally possesses (pure or adulterated)
19 marijuana, hash oil, hashish, or salvia that is packaged in a
20 manner that appears to be low THC hemp extract; and
21 (2) knew or reasonably should have known that the product
22 was marijuana, hash oil, hashish, or salvia;
23 commits possession of mislabeled low THC hemp extract, a Class
24 A misdemeanor.
25 SECTION 22. IC 35-48-4-11.4 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2025]: Sec. 11.4. A person who uses cannabis
28 in a public place commits public use of cannabis, a Class C
29 infraction.
30 SECTION 23. IC 35-50-5-3, AS AMENDED BY P.L.144-2024,
31 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (i), (j), or
33 (l), or (m), in addition to any sentence imposed under this article for a
34 felony or misdemeanor, the court may, as a condition of probation or
35 without placing the person on probation, order the person to make
36 restitution to the victim of the crime, the victim's estate, or the family
37 of a victim who is deceased. The court shall base its restitution order
38 upon a consideration of:
39 (1) property damages of the victim incurred as a result of the
40 crime, based on the actual cost of repair (or replacement if repair
41 is inappropriate);
42 (2) medical and hospital costs incurred by the victim (before the
2025	IN 1630—LS 7524/DI 106 85
1 date of sentencing) as a result of the crime;
2 (3) the cost of medical laboratory tests to determine if the crime
3 has caused the victim to contract a disease or other medical
4 condition;
5 (4) earnings lost by the victim (before the date of sentencing) as
6 a result of the crime including earnings lost while the victim was
7 hospitalized or participating in the investigation or trial of the
8 crime; and
9 (5) funeral, burial, or cremation costs incurred by the family or
10 estate of a homicide victim as a result of the crime.
11 (b) A restitution order under subsection (a), (i), (j), or (l) or (m) is
12 a judgment lien that:
13 (1) attaches to the property of the person subject to the order;
14 (2) may be perfected;
15 (3) may be enforced to satisfy any payment that is delinquent
16 under the restitution order by the person in whose favor the order
17 is issued or the person's assignee; and
18 (4) expires;
19 in the same manner as a judgment lien created in a civil proceeding.
20 (c) When a restitution order is issued under subsection (a), the
21 issuing court may order the person to pay the restitution, or part of the
22 restitution, directly to:
23 (1) the victim services division of the Indiana criminal justice
24 institute in an amount not exceeding:
25 (A) the amount of the award, if any, paid to the victim under
26 IC 5-2-6.1; and
27 (B) the cost of the reimbursements, if any, for emergency
28 services provided to the victim under IC 16-10-1.5 (before its
29 repeal) or IC 16-21-8; or
30 (2) a probation department that shall forward restitution or part of
31 restitution to:
32 (A) a victim of a crime;
33 (B) a victim's estate; or
34 (C) the family of a victim who is deceased.
35 The victim services division of the Indiana criminal justice institute
36 shall deposit the restitution it receives under this subsection in the
37 violent crime victims compensation fund established by IC 5-2-6.1-40.
38 (d) When a restitution order is issued under subsection (a), (i), (j),
39 or (l), or (m), the issuing court shall send a certified copy of the order
40 to the clerk of the circuit court in the county where the felony or
41 misdemeanor charge was filed. The restitution order must include the
42 following information:
2025	IN 1630—LS 7524/DI 106 86
1 (1) The name and address of the person that is to receive the
2 restitution.
3 (2) The amount of restitution the person is to receive.
4 Upon receiving the order, the clerk shall enter and index the order in
5 the circuit court judgment docket in the manner prescribed by
6 IC 33-32-3-2. The clerk shall also notify the department of insurance
7 of an order of restitution under subsection (i).
8 (e) An order of restitution under subsection (a), (i), (j), or (l) or (m)
9 does not bar a civil action for:
10 (1) damages that the court did not require the person to pay to the
11 victim under the restitution order but arise from an injury or
12 property damage that is the basis of restitution ordered by the
13 court; and
14 (2) other damages suffered by the victim.
15 (f) Regardless of whether restitution is required under subsection (a)
16 as a condition of probation or other sentence, the restitution order is not
17 discharged by the completion of any probationary period or other
18 sentence imposed for a felony or misdemeanor.
19 (g) A restitution order under subsection (a), (i), (j), or (l) or (m) is
20 not discharged by the liquidation of a person's estate by a receiver
21 under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
22 IC 34-1-12, or IC 34-2-7 before their repeal).
23 (h) The attorney general may pursue restitution ordered by the court
24 under subsections (a) and (c) on behalf of the victim services division
25 of the Indiana criminal justice institute.
26 (i) The court may order the person convicted of an offense under
27 IC 35-43-9 to make restitution to the victim of the crime. The court
28 shall base its restitution order upon a consideration of the amount of
29 money that the convicted person converted, misappropriated, or
30 received, or for which the convicted person conspired. The restitution
31 order issued for a violation of IC 35-43-9 must comply with
32 subsections (b), (d), (e), and (g), and is not discharged by the
33 completion of any probationary period or other sentence imposed for
34 a violation of IC 35-43-9.
35 (j) The court may order the person convicted of an offense under
36 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
37 victim's estate, or the family of a victim who is deceased. The court
38 shall base its restitution order upon a consideration of the amount of
39 fraud or harm caused by the convicted person and any reasonable
40 expenses (including lost wages) incurred by the victim in correcting the
41 victim's credit report and addressing any other issues caused by the
42 commission of the offense under IC 35-43-5-3.5. If, after a person is
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1 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
2 estate, or the family of a victim discovers or incurs additional expenses
3 that result from the convicted person's commission of the offense under
4 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
5 to require the convicted person to make restitution, even if the court
6 issued a restitution order at the time of sentencing. For purposes of
7 entering a restitution order after sentencing, a court has continuing
8 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
9 for five (5) years after the date of sentencing. Each restitution order
10 issued for a violation of IC 35-43-5-3.5 must comply with subsections
11 (b), (d), (e), and (g), and is not discharged by the completion of any
12 probationary period or other sentence imposed for an offense under
13 IC 35-43-5-3.5.
14 (k) The court shall order a person convicted of an offense under
15 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
16 equal to the greater of the following:
17 (1) The gross income or value to the person of the victim's labor
18 or services.
19 (2) The value of the victim's labor as guaranteed under the
20 minimum wage and overtime provisions of:
21 (A) the federal Fair Labor Standards Act of 1938, as amended
22 (29 U.S.C. 201-209); or
23 (B) IC 22-2-2 (Minimum Wage);
24 whichever is greater.
25 (l) The court shall order a person who:
26 (1) is convicted of dealing in methamphetamine under
27 IC 35-48-4-1.1 or manufacturing methamphetamine under
28 IC 35-48-4-1.2; and
29 (2) manufactured the methamphetamine on property owned by
30 another person, without the consent of the property owner;
31 to pay liquidated damages to the property owner in the amount of ten
32 thousand dollars ($10,000) or to pay actual damages to the property
33 owner, including lost rent and the costs of decontamination by a
34 qualified inspector certified under IC 16-19-3.1.
35 (m) The court shall order a person who:
36 (1) is convicted of dealing in marijuana under
37 IC 35-48-4-10(a)(1)(A); and
38 (2) manufactured the marijuana on property owned by another
39 person, without the consent of the property owner;
40 to pay liquidated damages to the property owner in the amount of two
41 thousand dollars ($2,000).
42 SECTION 24. IC 35-52-7-97 IS ADDED TO THE INDIANA
2025	IN 1630—LS 7524/DI 106 88
1 CODE AS A NEW SECTION TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2025]: Sec. 97. IC 7.1-8-12-11 defines a crime
3 concerning cannabis.
4 SECTION 25. IC 35-52-7-98 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2025]: Sec. 98. IC 7.1-8-14-9 defines a crime
7 concerning cannabis.
8 SECTION 26. IC 35-52-7-99 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 99. IC 7.1-8-15-6 defines a crime
11 concerning cannabis.
12 SECTION 27. IC 35-52-7-100 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2025]: Sec. 100. IC 7.1-8-18-3 defines a crime
15 concerning cannabis.
16 SECTION 28. IC 35-52-7-101 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2025]: Sec. 101. IC 7.1-8-18-4 defines a crime
19 concerning cannabis.
20 SECTION 29. IC 35-52-7-102 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2025]: Sec. 102. IC 7.1-8-18-6 defines a crime
23 concerning cannabis.
24 SECTION 30. IC 36-1-8.5-4, AS AMENDED BY P.L.122-2023,
25 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 4. As used in this chapter, "law enforcement
27 officer" means an individual who is employed or was formerly
28 employed as:
29 (1) a police officer (including a tribal police officer, a correctional
30 police officer, and a hospital police officer employed by a hospital
31 police department established under IC 16-18-4), sheriff,
32 constable, marshal, prosecuting attorney, special prosecuting
33 attorney, special deputy prosecuting attorney, the securities
34 commissioner, or the inspector general;
35 (2) a deputy of any of the persons specified in subdivision (1);
36 (3) an investigator for a prosecuting attorney or for the inspector
37 general;
38 (4) a conservation officer;
39 (5) an enforcement officer of the alcohol and tobacco commission
40 or of the cannabis commission; or
41 (6) an enforcement officer of the securities division of the office
42 of the secretary of state.
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