Indiana 2025 Regular Session

Indiana Senate Bill SB0113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 113
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5-41.1; IC 6-2.5-5-58; IC 6-7; IC 7.1-8;
7	7	IC 7.1-9; IC 9-30; IC 35-38-9-1.5; IC 35-46-9-6; IC 35-48-4.
8	8	Synopsis: Cannabis regulation. Permits the use of cannabis by: (1) a
9	9	person at least 21 years of age; and (2) a person with a serious medical
10	10	condition as determined by the person's physician. Establishes the adult
11	11	use cannabis excise tax, and requires a retailer to transfer the tax to the
12	12	department of state revenue for deposit in the state general fund.
13	13	Exempts veterans from payment of the sales tax on medical or adult use
14	14	cannabis. Establishes a cannabis program (program) to permit the
15	15	cultivation, processing, testing, transportation, and sale of cannabis by
16	16	holders of a valid permit. Establishes the Indiana cannabis commission
17	17	(ICC) as a state agency to oversee, implement, and enforce the
18	18	program, and establishes the ICC advisory committee to review the
19	19	effectiveness of the program. Requires that permit holders take steps
20	20	to prevent diversion of cannabis to unauthorized persons. Requires that
21	21	cannabis and cannabis products be properly labeled, placed in child
22	22	resistant packaging, and tested by an independent testing laboratory
23	23	before being made available for purchase. Prohibits packaging
24	24	cannabis in a manner that is appealing to children. Authorizes research
25	25	on cannabis in accordance with rules set forth by the ICC. Establishes
26	26	a procedure for the expungement of a cannabis related conviction if the
27	27	act constituting the conviction becomes legal. Makes conforming
28	28	amendments.
29	29	Effective: July 1, 2025.
30	30	Pol Jr.
31	31	January 8, 2025, read first time and referred to Committee on Health and Provider
32	32	Services.
33	33	2025 IN 113—LS 6461/DI 106 Introduced
34	34	First Regular Session of the 124th General Assembly (2025)
35	35	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
36	36	Constitution) is being amended, the text of the existing provision will appear in this style type,
37	37	additions will appear in this style type, and deletions will appear in this style type.
38	38	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
39	39	provision adopted), the text of the new provision will appear in this style type. Also, the
40	40	word NEW will appear in that style type in the introductory clause of each SECTION that adds
41	41	a new provision to the Indiana Code or the Indiana Constitution.
42	42	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
43	43	between statutes enacted by the 2024 Regular Session of the General Assembly.
44	44	SENATE BILL No. 113
45	45	A BILL FOR AN ACT to amend the Indiana Code concerning
46	46	criminal law and procedure.
47	47	Be it enacted by the General Assembly of the State of Indiana:
48	48	1 SECTION 1. IC 2-5-41.1 IS ADDED TO THE INDIANA CODE
49	49	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
50	50	3 JULY 1, 2025]:
51	51	4 Chapter 41.1. ICC Advisory Committee
52	52	5 Sec. 1. The following definitions apply throughout this chapter:
53	53	6 (1) "Advisory committee" means the ICC advisory committee
54	54	7 established by section 2 of this chapter.
55	55	8 (2) "ICC" means the Indiana cannabis commission
56	56	9 established by IC 7.1-9-2-1.
57	57	10 Sec. 2. The ICC advisory committee is established to serve the
58	58	11 general assembly as a continuing committee. Except as otherwise
59	59	12 provided by this chapter, the advisory committee shall operate
60	60	13 under the rules of the legislative council.
61	61	14 Sec. 3. (a) The advisory committee consists of the following four
62	62	15 (4) voting members and eight (8) nonvoting members:
63	63	16 (1) One (1) legislative member, appointed as a voting member
64	64	17 by the speaker.
65	65	2025 IN 113—LS 6461/DI 106 2
66	66	1 (2) One (1) legislative member, appointed as a voting member
67	67	2 by the minority leader of the house of representatives.
68	68	3 (3) One (1) legislative member, appointed as a voting member
69	69	4 by the president pro tempore.
70	70	5 (4) One (1) legislative member, appointed as a voting member
71	71	6 by the minority leader of the senate.
72	72	7 (5) One (1) representative of law enforcement, appointed as a
73	73	8 nonvoting member by the speaker.
74	74	9 (6) One (1) individual having experience in the treatment of
75	75	10 medical conditions by means of cannabis as a patient,
76	76	11 physician, or caregiver, appointed as a nonvoting member by
77	77	12 the president pro tempore.
78	78	13 (7) The commissioner of the department of state revenue or
79	79	14 the commissioner's designee, who serves as a nonvoting
80	80	15 member.
81	81	16 (8) The director of the Indiana state department of
82	82	17 agriculture or the director's designee, who serves as a
83	83	18 nonvoting member.
84	84	19 (9) The state health commissioner or the commissioner's
85	85	20 designee, who serves as a nonvoting member.
86	86	21 (10) A representative of an Indiana based cannabis trade
87	87	22 organization, appointed by the speaker as a nonvoting
88	88	23 member.
89	89	24 (11) A representative of an experienced manufacturer of low
90	90	25 THC hemp extract, appointed by the president pro tempore
91	91	26 as a nonvoting member.
92	92	27 (12) An experienced hemp grower, appointed by the state seed
93	93	28 commissioner as a nonvoting member.
94	94	29 (b) The chairperson of the legislative council shall annually
95	95	30 select one (1) of the voting members to serve as chairperson of the
96	96	31 advisory committee. Whenever there is a new chairperson of the
97	97	32 legislative council, that chairperson may select a new voting
98	98	33 member to serve as chairperson of the advisory committee. The
99	99	34 chairperson of the advisory committee serves at the pleasure of the
100	100	35 chairperson of the legislative council.
101	101	36 Sec. 4. (a) Except as otherwise provided in this chapter, the term
102	102	37 of a member of the advisory committee ends on June 30 of the next
103	103	38 odd-numbered year following the member's appointment.
104	104	39 However, the member may be reappointed to subsequent terms.
105	105	40 (b) A member of the advisory committee may be removed at any
106	106	41 time by the appointing authority who appointed the member.
107	107	42 (c) If a vacancy exists on the advisory committee, the appointing
108	108	2025 IN 113—LS 6461/DI 106 3
109	109	1 authority who appointed the former member whose position has
110	110	2 become vacant shall appoint an individual to fill the vacancy. An
111	111	3 individual appointed to fill a vacancy serves for the remainder of
112	112	4 the term of the former member.
113	113	5 (d) If a member of the advisory committee ceases to:
114	114	6 (1) be a member of the chamber from which the member was
115	115	7 appointed; or
116	116	8 (2) hold the member's office;
117	117	9 the member ceases to be a member of the advisory committee.
118	118	10 Sec. 5. Each member of the advisory committee is entitled to
119	119	11 receive the same per diem, mileage, and travel allowances paid to
120	120	12 individuals who serve as legislative and lay members, respectively,
121	121	13 of interim study committees established by the legislative council.
122	122	14 Sec. 6. (a) The advisory committee shall meet at the call of the
123	123	15 chairperson.
124	124	16 (b) Seven (7) members of the advisory committee constitute a
125	125	17 quorum if at least three (3) of the members present are voting
126	126	18 members.
127	127	19 (c) The affirmative vote of a majority of the voting members
128	128	20 appointed to the advisory committee is required for the advisory
129	129	21 committee to take action on any measure, including final reports.
130	130	22 Sec. 7. The advisory committee shall do the following, as
131	131	23 applicable:
132	132	24 (1) Review rules adopted by the ICC.
133	133	25 (2) Review legislative proposals suggested by the ICC.
134	134	26 (3) Evaluate the cannabis research and development program
135	135	27 under IC 7.1-9-5.
136	136	28 (4) Evaluate the operation of the cannabis programs.
137	137	29 (5) Consider any other matter that has bearing on the
138	138	30 operation of the medical and adult use cannabis programs.
139	139	31 Sec. 8. All meetings of the advisory committee are open to the
140	140	32 public in accordance with and subject to IC 5-14-1.5. All records
141	141	33 of the advisory committee are subject to the requirements of
142	142	34 IC 5-14-3.
143	143	35 Sec. 9. The legislative services agency shall staff the advisory
144	144	36 committee.
145	145	37 Sec. 10. All funds necessary to carry out this chapter shall be
146	146	38 paid from appropriations to the legislative council and the
147	147	39 legislative services agency.
148	148	40 SECTION 2. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
149	149	41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
150	150	42 1, 2025]: Sec. 58. Transactions involving medical cannabis (as
151	151	2025 IN 113—LS 6461/DI 106 4
152	152	1 defined in IC 7.1-8-1-1) and adult use cannabis (as defined in
153	153	2 IC 7.1-8-1-1) are exempt from the state gross retail tax if the
154	154	3 person acquiring the cannabis is a veteran (as defined in
155	155	4 IC 23-14-54.5-5).
156	156	5 SECTION 3. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2025].
157	157	6 (Controlled Substance Excise Tax).
158	158	7 SECTION 4. IC 6-7-5 IS ADDED TO THE INDIANA CODE AS
159	159	8 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
160	160	9 1, 2025]:
161	161	10 Chapter 5. Adult Use Cannabis Excise Tax
162	162	11 Sec. 1. The following definitions apply throughout this chapter:
163	163	12 (1) "Adult use cannabis" has the meaning set forth in
164	164	13 IC 7.1-8-1-1.
165	165	14 (2) "Department" means the department of state revenue.
166	166	15 (3) "Medical cannabis" has the meaning set forth in
167	167	16 IC 7.1-8-1-1.
168	168	17 (4) "Qualified retailer" has the meaning set forth in
169	169	18 IC 7.1-8-1-1.
170	170	19 Sec. 2. The adult use cannabis excise tax is imposed on adult use
171	171	20 cannabis sold in Indiana. The adult use cannabis excise tax is not
172	172	21 imposed on medical cannabis.
173	173	22 Sec. 3. The adult use cannabis excise tax is:
174	174	23 (1) one percent (1%) of the gross retail income received by the
175	175	24 qualified retailer for the purchase of adult use cannabis,
176	176	25 during the state fiscal year beginning July 1, 2025;
177	177	26 (2) two percent (2%) of the gross retail income received by the
178	178	27 qualified retailer for the purchase of adult use cannabis,
179	179	28 during the state fiscal year beginning July 1, 2026; and
180	180	29 (3) three percent (3%) of the gross retail income received by
181	181	30 the qualified retailer for the purchase of adult use cannabis,
182	182	31 during and after the state fiscal year beginning July 1, 2027.
183	183	32 Sec. 4. A qualified retailer shall collect the adult use cannabis
184	184	33 excise tax at the time the adult use cannabis is dispensed.
185	185	34 Sec. 5. Before the fifteenth day of each month, each qualified
186	186	35 retailer liable for the tax imposed by this chapter shall:
187	187	36 (1) file a return with the department that includes all
188	188	37 information required by the department, including the:
189	189	38 (A) name of the qualified retailer;
190	190	39 (B) address of the qualified retailer;
191	191	40 (C) invoice date;
192	192	41 (D) invoice number; and
193	193	42 (E) gross retail income received from the sale of adult use
194	194	2025 IN 113—LS 6461/DI 106 5
195	195	1 cannabis dispensed during the preceding month; and
196	196	2 (2) pay the tax for which the qualified retailer is liable under
197	197	3 this chapter for the preceding month, minus the amount
198	198	4 specified in section 6 of this chapter.
199	199	5 All returns required to be filed and taxes required to be paid under
200	200	6 this chapter must be made in an electronic format prescribed by
201	201	7 the department.
202	202	8 Sec. 6. A qualified retailer that files a complete return and pays
203	203	9 the tax due within the time specified in section 5 of this chapter is
204	204	10 entitled to deduct and retain from the tax a collection allowance of
205	205	11 seven-thousandths (0.007) of the amount due. If a qualified retailer
206	206	12 files an incomplete report, the department may reduce the
207	207	13 collection allowance by an amount that does not exceed the lesser
208	208	14 of:
209	209	15 (1) ten percent (10%) of the collection allowance; or
210	210	16 (2) fifty dollars ($50).
211	211	17 Sec. 7. The department shall deposit the taxes collected under
212	212	18 this chapter in the state general fund.
213	213	19 SECTION 5. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
214	214	20 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
215	215	21 2025]:
216	216	22 ARTICLE 8. CANNABIS
217	217	23 Chapter 1. Definitions
218	218	24 Sec. 1. The following definitions apply throughout this article:
219	219	25 (1) "Adult cannabis user" means a person at least twenty-one
220	220	26 (21) years of age who has not been issued a patient or
221	221	27 caregiver identification card, unless the patient or caregiver
222	222	28 identification card has expired.
223	223	29 (2) "Adult use cannabis" means cannabis for use by a person
224	224	30 at least twenty-one (21) years of age.
225	225	31 (3) "Cannabis" means any part of the plant genus Cannabis.
226	226	32 (4) "Cannabis organization" means a qualified retailer, a
227	227	33 grower, a processor, or a testing laboratory.
228	228	34 (5) "Caregiver" means the individual designated by a patient
229	229	35 under this article to obtain, possess, deliver, and assist in the
230	230	36 administration of cannabis to the patient.
231	231	37 (6) "Certification" means the certification issued to a patient
232	232	38 by a physician under this article.
233	233	39 (7) "Family or household member" means a person described
234	234	40 in IC 35-31.5-2-128.
235	235	41 (8) "Form of cannabis" means the characteristics of the
236	236	42 cannabis recommended for a particular patient, including the
237	237	2025 IN 113—LS 6461/DI 106 6
238	238	1 method of consumption, and any particular dosage, strain,
239	239	2 variety, quantity, or percentage of cannabis or of a particular
240	240	3 active ingredient.
241	241	4 (9) "Grower" means a person that holds a permit issued by
242	242	5 the ICC to grow cannabis.
243	243	6 (10) "ICC" means the Indiana cannabis commission
244	244	7 established by IC 7.1-9-2-1.
245	245	8 (11) "INSPECT" means the Indiana scheduled prescription
246	246	9 electronic collection and tracking program established by
247	247	10 IC 25-1-13-4.
248	248	11 (12) "Medical cannabis" means cannabis for medical use.
249	249	12 (13) "Patient" means an individual who:
250	250	13 (A) has a serious medical condition; and
251	251	14 (B) meets the requirements for certification for the use of
252	252	15 cannabis under this article.
253	253	16 (14) "Patient or caregiver identification card" means a
254	254	17 document issued to a patient or caregiver by the ICC
255	255	18 authorizing access to cannabis.
256	256	19 (15) "Permit" means an authorization issued by the ICC to a
257	257	20 cannabis organization to conduct activities under this article.
258	258	21 (16) "Processor" means a person that holds a permit issued by
259	259	22 the ICC to process or convert cannabis into a marketable
260	260	23 form.
261	261	24 (17) "Qualified retailer" means a person that holds a permit
262	262	25 issued by the ICC to sell cannabis.
263	263	26 (18) "Serious medical condition" means a medical condition
264	264	27 for which, in the professional opinion of a physician, the
265	265	28 benefits of treatment with cannabis are greater than the risks
266	266	29 of treatment with cannabis.
267	267	30 (19) "Testing laboratory" means a laboratory that analyzes
268	268	31 cannabis.
269	269	32 (20) "Transporter" means a person who transports cannabis
270	270	33 or paraphernalia. The term includes a person who does not
271	271	34 possess a permit or patient or caregiver identification card.
272	272	35 Chapter 2. Cannabis Program
273	273	36 Sec. 1. (a) The cannabis program is established to serve:
274	274	37 (1) patients suffering from a serious medical condition; and
275	275	38 (2) adult cannabis users.
276	276	39 (b) The ICC shall administer the program.
277	277	40 (c) The ICC has regulatory, enforcement, and exporting
278	278	41 authority over the growing, processing, sale, transporting, and use
279	279	42 of medical and adult use cannabis. The ICC shall contract with the
280	280	2025 IN 113—LS 6461/DI 106 7
281	281	1 state chemist for the testing and growing of medical and adult use
282	282	2 cannabis.
283	283	3 Sec. 2. The ICC shall do the following:
284	284	4 (1) Issue a permit to a qualifying cannabis organization
285	285	5 authorizing the cannabis organization to grow, process, sell,
286	286	6 or test cannabis.
287	287	7 (2) Establish and maintain an electronic data base to store
288	288	8 and track information relating to the cannabis program. The
289	289	9 electronic data base must:
290	290	10 (A) have the ability to authenticate in real time a patient or
291	291	11 caregiver identification card presented to a qualified
292	292	12 retailer;
293	293	13 (B) track in real time the amount of cannabis provided to:
294	294	14 (i) a patient or caregiver; or
295	295	15 (ii) an adult cannabis user;
296	296	16 at a qualified retailer, share this information in real time
297	297	17 with other qualified retailers to prevent diversion, and
298	298	18 issue a "stop sale" warning if a purchaser will exceed the
299	299	19 allowable amount of cannabis that the purchaser may
300	300	20 possess;
301	301	21 (C) store records relating to a certification, including, if
302	302	22 applicable, the recommended form of cannabis and any
303	303	23 early expiration date recommended by the physician; and
304	304	24 (D) track the cultivation, processing, transport, storage,
305	305	25 and sale of cannabis.
306	306	26 (3) Maintain within the ICC's electronic data base an
307	307	27 electronic directory of patients and caregivers approved to
308	308	28 use or assist in the administration of medical cannabis.
309	309	29 (4) Develop enforcement procedures, including announced
310	310	30 and unannounced inspections of:
311	311	31 (A) a qualified retailer;
312	312	32 (B) a grower facility;
313	313	33 (C) a processor facility; and
314	314	34 (D) all records of a cannabis organization.
315	315	35 (5) Establish a program to authorize the use of cannabis for
316	316	36 research purposes, and issue documents to permit a research
317	317	37 facility to obtain cannabis for research purposes.
318	318	38 (6) Establish and maintain public outreach programs about
319	319	39 the cannabis program, including:
320	320	40 (A) a dedicated telephone number for adult cannabis users,
321	321	41 patients, caregivers, and members of the public to obtain
322	322	42 basic information about the sale of medical and adult use
323	323	2025 IN 113—LS 6461/DI 106 8
324	324	1 cannabis; and
325	325	2 (B) a publicly accessible website containing information
326	326	3 similar to that described in clause (A).
327	327	4 (7) Collaborate as necessary with other state agencies, and
328	328	5 contract with third parties as necessary to carry out the
329	329	6 cannabis program, including public education campaigns
330	330	7 regarding the dangers of impaired driving and inappropriate
331	331	8 consumption by youth.
332	332	9 (8) Develop record keeping requirements for all books and
333	333	10 papers, any electronic data base or tracking system data, and
334	334	11 other information of a cannabis organization. Information
335	335	12 shall be retained for at least four (4) years unless otherwise
336	336	13 provided by the ICC.
337	337	14 (9) Restrict the advertising and marketing of cannabis, which
338	338	15 must be consistent with the federal regulations governing
339	339	16 prescription drug advertising and marketing.
340	340	17 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to implement
341	341	18 this article.
342	342	19 Sec. 4. (a) The ICC shall maintain a confidential list of patients
343	343	20 and caregivers to whom it has issued patient or caregiver
344	344	21 identification cards. Except as provided in subsection (b), all
345	345	22 information obtained by the ICC relating to patients, caregivers,
346	346	23 and other applicants is confidential.
347	347	24 (b) The following records are public:
348	348	25 (1) An application for a permit submitted by a cannabis
349	349	26 organization.
350	350	27 (2) Information relating to penalties or other disciplinary
351	351	28 actions taken against a cannabis organization for violation of
352	352	29 this article.
353	353	30 Chapter 3. Use of Cannabis
354	354	31 Sec. 1. Notwithstanding any law to the contrary, the use,
355	355	32 possession, delivery, distribution, transport, cultivation, or
356	356	33 manufacture of:
357	357	34 (1) cannabis; or
358	358	35 (2) paraphernalia used in connection with cannabis;
359	359	36 is lawful if the use or possession complies with this article.
360	360	37 However, this article does not authorize a person to operate a
361	361	38 motor vehicle, a motorboat, or any other device or equipment
362	362	39 while under the influence of cannabis.
363	363	40 Sec. 2. The use of medical cannabis is subject to the following:
364	364	41 (1) Cannabis may be sold only to:
365	365	42 (A) a patient who receives a certification from a physician
366	366	2025 IN 113—LS 6461/DI 106 9
367	367	1 and is in possession of a valid patient or caregiver
368	368	2 identification card issued by the ICC that authorizes sale
369	369	3 of cannabis to the patient;
370	370	4 (B) a caregiver who possesses a valid patient or caregiver
371	371	5 identification card issued by the ICC; or
372	372	6 (C) a research facility authorized by the ICC, under terms
373	373	7 and conditions established by the ICC.
374	374	8 (2) If a physician has ordered that cannabis be sold in a
375	375	9 specific form, cannabis may be sold only in that form.
376	376	10 (3) An individual may not act as a caregiver for more than ten
377	377	11 (10) patients.
378	378	12 (4) A patient may designate up to two (2) caregivers at any
379	379	13 one (1) time.
380	380	14 (5) Cannabis that has not been used by the patient shall be
381	381	15 kept in the original package in which it was sold.
382	382	16 (6) A patient or caregiver shall possess a patient or caregiver
383	383	17 identification card whenever the patient or caregiver is in
384	384	18 possession of cannabis.
385	385	19 Sec. 3. The use of adult use cannabis is subject to the following:
386	386	20 (1) Adult use cannabis may be sold only to an adult cannabis
387	387	21 user.
388	388	22 (2) In any thirty (30) day period, an adult cannabis user may
389	389	23 possess not more than one (1) ounce of cannabis.
390	390	24 (3) If cannabis is transported in a motor vehicle, it must be
391	391	25 kept in a secured and sealed container.
392	392	26 (4) An adult cannabis user may not cultivate cannabis.
393	393	27 (5) To purchase adult use cannabis, the purchaser must
394	394	28 present a valid, government issued photo identification card
395	395	29 displaying the person's date of birth.
396	396	30 Sec. 4. A product packaged by a cannabis organization may be
397	397	31 identified only by:
398	398	32 (1) the name of the grower or processor;
399	399	33 (2) the name of the qualified retailer;
400	400	34 (3) the form and species of cannabis;
401	401	35 (4) the percentage of tetrahydrocannabinol and cannabinol
402	402	36 contained in the product;
403	403	37 (5) the harvest or manufacture date, as applicable; and
404	404	38 (6) any other labeling required by the ICC.
405	405	39 Sec. 5. (a) Except as expressly otherwise provided in this article,
406	406	40 the possession or use of cannabis is unlawful.
407	407	41 (b) In addition to any other penalty provided by law, the
408	408	42 unlawful possession or use of cannabis may be a crime under
409	409	2025 IN 113—LS 6461/DI 106 10
410	410	1 IC 35-48-4.
411	411	2 Sec. 6. The following acts are unlawful:
412	412	3 (1) To grow cannabis unless the person is a:
413	413	4 (A) grower that has received a permit from the ICC;
414	414	5 (B) patient with a valid patient or caregiver identification
415	415	6 card who is authorized to cultivate cannabis for personal
416	416	7 use under this article; or
417	417	8 (C) research facility authorized by the ICC.
418	418	9 (2) To sell cannabis unless the qualified retailer has received
419	419	10 a permit from the ICC.
420	420	11 Chapter 4. Physicians
421	421	12 Sec. 1. (a) A physician who issues a certification to a patient
422	422	13 under this article may not have an ownership interest in a cannabis
423	423	14 organization.
424	424	15 (b) A physician may issue a certification to a patient only if the
425	425	16 physician:
426	426	17 (1) establishes and intends to maintain a bona fide
427	427	18 physician-patient relationship with the patient for the
428	428	19 provision of medical services that is established by an
429	429	20 in-person visit and for which there is an expectation that the
430	430	21 physician will provide care to the patient on an ongoing basis;
431	431	22 or
432	432	23 (2) establishes coordination with the patient's existing
433	433	24 primary care physician for treatment of the patient's serious
434	434	25 medical condition.
435	435	26 (c) A physician who violates this section may be subject to
436	436	27 professional discipline.
437	437	28 Sec. 2. A physician may issue a certification to use cannabis to
438	438	29 a patient if the following requirements are met:
439	439	30 (1) The physician has determined that the patient has a
440	440	31 serious medical condition and has included the serious
441	441	32 medical condition in the patient's health care record.
442	442	33 (2) The patient is under the physician's continuing care for the
443	443	34 serious medical condition, except as provided in section
444	444	35 1(b)(2) of this chapter.
445	445	36 (3) The physician has determined the patient is likely to
446	446	37 receive therapeutic or palliative benefit from the use of
447	447	38 cannabis.
448	448	39 Sec. 3. A physician issuing a certification under section 1(b)(2)
449	449	40 of this chapter may not issue a certification unless the physician
450	450	41 has contacted the patient's existing primary care physician to
451	451	42 discuss the patient's serious medical condition and which form of
452	452	2025 IN 113—LS 6461/DI 106 11
453	453	1 cannabis the patient is likely to benefit from.
454	454	2 Sec. 4. A certification must include the following information:
455	455	3 (1) The patient's name, date of birth, and address.
456	456	4 (2) The specific serious medical condition of the patient.
457	457	5 (3) A statement by the physician that the patient has a serious
458	458	6 medical condition and the patient is under continuing care for
459	459	7 the serious medical condition that is provided by:
460	460	8 (A) the physician; or
461	461	9 (B) the patient's existing primary care physician (as
462	462	10 described under section 1(b)(2) of this chapter).
463	463	11 (4) The date of issuance.
464	464	12 (5) The name, address, telephone number, and signature of
465	465	13 the physician.
466	466	14 (6) Any requirement or limitation concerning the appropriate
467	467	15 form of cannabis, the maximum quantity of cannabis that the
468	468	16 patient may use, and any limitation on the duration of use, if
469	469	17 applicable.
470	470	18 Sec. 5. A physician shall do the following:
471	471	19 (1) Provide the certification to the patient.
472	472	20 (2) Provide a copy of the certification to the ICC, which shall
473	473	21 place the information in the patient directory within the ICC's
474	474	22 electronic data base. The certification may be transmitted to
475	475	23 the ICC electronically.
476	476	24 (3) File a copy of the certification in the patient's health care
477	477	25 record.
478	478	26 Sec. 6. A physician may not issue a certification for the
479	479	27 physician's own use or for the use of a family or household member
480	480	28 of the physician.
481	481	29 Chapter 5. Certification Form
482	482	30 Sec. 1. The ICC shall develop a standard certification form,
483	483	31 which the ICC shall provide to a physician upon request. The form
484	484	32 must be available electronically. The form must include a
485	485	33 statement that a false statement made by a physician is punishable
486	486	34 under the penalties of perjury.
487	487	35 Chapter 6. Patients
488	488	36 Sec. 1. The ICC shall issue a patient or caregiver identification
489	489	37 card to a patient who has a valid certification and who otherwise
490	490	38 meets the requirements of this article.
491	491	39 Sec. 2. The ICC shall issue a patient or caregiver identification
492	492	40 card to a caregiver designated by the patient in accordance with
493	493	41 this article.
494	494	42 Sec. 3. Except as provided in section 4 of this chapter, a patient
495	495	2025 IN 113—LS 6461/DI 106 12
496	496	1 or caregiver identification card issued to a patient authorizes the
497	497	2 patient to obtain and use cannabis as authorized by this article.
498	498	3 Except as provided in section 4 of this chapter, a patient or
499	499	4 caregiver identification card issued to a caregiver authorizes the
500	500	5 caregiver to obtain cannabis on behalf of the patient.
501	501	6 Sec. 4. (a) A patient holding a valid patient or caregiver
502	502	7 identification card may cultivate cannabis for the patient's own use
503	503	8 if the patient complies with the following requirements:
504	504	9 (1) The patient notifies the ICC on or before the date that the
505	505	10 patient begins cultivation and informs the ICC of the number
506	506	11 of plants the patient intends to cultivate and the location of
507	507	12 cultivation.
508	508	13 (2) The patient cultivates not more than six (6) plants.
509	509	14 (3) Not more than three (3) of the plants may be mature at
510	510	15 any one (1) time.
511	511	16 (4) Cannabis from the plant is used only for the patient's
512	512	17 personal use.
513	513	18 (5) Not later than thirty (30) days before the expected date
514	514	19 that the plants become mature, the patient notifies the ICC of
515	515	20 the anticipated maturity date.
516	516	21 (b) If the mature plants of a patient cultivating cannabis for the
517	517	22 patient's own use die, become damaged, or are otherwise unable to
518	518	23 produce cannabis for medical use, the patient shall notify the ICC,
519	519	24 which shall reinstate the patient's authorization to obtain cannabis
520	520	25 from a qualified retailer not later than fifteen (15) days after
521	521	26 receipt of the notice.
522	522	27 Chapter 7. Patient or Caregiver Identification Cards
523	523	28 Sec. 1. The ICC shall do the following:
524	524	29 (1) Review applications for patient or caregiver identification
525	525	30 cards.
526	526	31 (2) Review certifications submitted by physicians.
527	527	32 (3) Issue patient or caregiver identification cards to patients
528	528	33 and caregivers.
529	529	34 (4) Note in the electronic data base if a patient or caregiver
530	530	35 identification card may not be used to obtain cannabis from
531	531	36 a qualified retailer because the patient is cultivating the
532	532	37 patient's own cannabis.
533	533	38 Sec. 2. A patient or caregiver may apply, in a form and manner
534	534	39 prescribed by the ICC, for issuance or renewal of a patient or
535	535	40 caregiver identification card. A caregiver must submit a separate
536	536	41 application for issuance or renewal. Each application must include:
537	537	42 (1) the name, address, and date of birth of the patient;
538	538	2025 IN 113—LS 6461/DI 106 13
539	539	1 (2) the name, address, and date of birth of a caregiver, if
540	540	2 applicable;
541	541	3 (3) a copy of the certification issued by the physician;
542	542	4 (4) the name, address, and telephone number of the physician;
543	543	5 (5) the signature of the applicant and the date signed; and
544	544	6 (6) any other information required by the ICC.
545	545	7 Sec. 3. The fee to apply for or to renew a patient or caregiver
546	546	8 identification card is fifty dollars ($50). The ICC may waive or
547	547	9 reduce the fee if the applicant demonstrates financial hardship.
548	548	10 Sec. 4. The ICC shall make application and renewal forms
549	549	11 available on the ICC's website.
550	550	12 Sec. 5. (a) The patient or caregiver identification card of a
551	551	13 patient or caregiver expires one (1) year after the date of issuance,
552	552	14 unless a physician has specified that a patient should use cannabis
553	553	15 for less than one (1) year.
554	554	16 (b) If a physician has specified that a patient's use of cannabis
555	555	17 should be limited to certain forms of cannabis, the forms of
556	556	18 cannabis must be listed on the patient or caregiver identification
557	557	19 card.
558	558	20 Sec. 6. (a) The ICC shall issue separate patient or caregiver
559	559	21 identification cards for a patient and a caregiver as soon as
560	560	22 reasonably practicable after receiving a properly completed
561	561	23 application.
562	562	24 (b) If the ICC determines that an application is incomplete or
563	563	25 factually inaccurate, the ICC shall promptly notify the applicant.
564	564	26 (c) If a patient application designates an individual as a
565	565	27 caregiver who is not authorized to be a caregiver, the ICC shall
566	566	28 deny that portion of the application, but may approve the balance
567	567	29 of the application.
568	568	30 Sec. 7. (a) A patient or caregiver who has been issued a patient
569	569	31 or caregiver identification card shall notify the ICC not later than
570	570	32 ten (10) days after any change of name or address.
571	571	33 (b) A patient shall notify the ICC not later than ten (10) days
572	572	34 after a physician has determined the patient no longer has the
573	573	35 serious medical condition noted on the certification.
574	574	36 Sec. 8. (a) If the patient or caregiver identification card of a
575	575	37 patient or caregiver is lost, stolen, destroyed, or made illegible, the
576	576	38 patient or caregiver shall apply to the ICC for a replacement card
577	577	39 not later than ten (10) days after discovery of the loss or
578	578	40 defacement. The application for a replacement card shall be on a
579	579	41 form furnished by the ICC and, except as provided in subsection
580	580	42 (b), accompanied by a twenty-five dollar ($25) fee. The ICC may
581	581	2025 IN 113—LS 6461/DI 106 14
582	582	1 establish higher fees for issuance of second and subsequent
583	583	2 replacement patient or caregiver identification cards.
584	584	3 (b) The ICC may waive or reduce the fee in cases of
585	585	4 demonstrated financial hardship.
586	586	5 (c) The ICC shall issue a replacement patient or caregiver
587	587	6 identification card as soon as practicable.
588	588	7 (d) A patient or caregiver may not obtain cannabis from a
589	589	8 qualified retailer until the ICC issues the replacement patient or
590	590	9 caregiver identification card.
591	591	10 Sec. 9. The patient or caregiver identification card must contain
592	592	11 the following information:
593	593	12 (1) The name of the patient or caregiver, as applicable. The
594	594	13 patient or caregiver identification card must also state
595	595	14 whether the individual is designated as a patient or as a
596	596	15 caregiver.
597	597	16 (2) The date of issuance and expiration date.
598	598	17 (3) A unique identification number for the patient or
599	599	18 caregiver, as applicable.
600	600	19 (4) A photograph of the individual to whom the patient or
601	601	20 caregiver identification card is issued.
602	602	21 (5) Any requirement or limitation set by the physician as to
603	603	22 the form of cannabis.
604	604	23 (6) Any other requirements as determined by the ICC.
605	605	24 However, the ICC may not require that a patient or caregiver
606	606	25 identification card disclose the patient's serious medical
607	607	26 condition.
608	608	27 The ICC shall establish guidelines specifying an acceptable
609	609	28 photograph under subdivision (4) and shall provide a reasonable
610	610	29 accommodation for a patient who is confined to the patient's home
611	611	30 or is in inpatient care.
612	612	31 Sec. 10. The ICC shall monthly transmit fees received under this
613	613	32 chapter to the state comptroller for deposit in the state general
614	614	33 fund.
615	615	34 Chapter 8. Caregivers
616	616	35 Sec. 1. (a) A caregiver must be at least eighteen (18) years of
617	617	36 age.
618	618	37 (b) A caregiver may be less than twenty-one (21) years of age
619	619	38 only if the ICC determines that it is in the best interests of the
620	620	39 patient that a specific person less than twenty-one (21) years of age
621	621	40 serves as a caregiver.
622	622	41 Sec. 2. (a) A patient may terminate a person's designation as
623	623	42 caregiver at any time.
624	624	2025 IN 113—LS 6461/DI 106 15
625	625	1 (b) The patient shall notify the ICC that the patient has
626	626	2 terminated the person's caregiver designation as soon as
627	627	3 reasonably practicable after the termination.
628	628	4 (c) Upon learning that a patient has terminated a person's
629	629	5 caregiver designation, the ICC shall cancel the caregiver's patient
630	630	6 or caregiver identification card and notify the caregiver to return
631	631	7 the physical copy of the card.
632	632	8 Sec. 3. If a patient designates a caregiver, the caregiver may
633	633	9 submit an application for a patient or caregiver identification card
634	634	10 as a caregiver. The caregiver application must include:
635	635	11 (1) the name, address, and date of birth of the caregiver;
636	636	12 (2) if the caregiver has a patient or caregiver identification
637	637	13 card for the caregiver (as a patient) or another patient (as a
638	638	14 caregiver), the expiration date of each patient or caregiver
639	639	15 identification card; and
640	640	16 (3) any other information required by the ICC.
641	641	17 The application must be signed and dated by the caregiver
642	642	18 applicant and verified under penalties of perjury.
643	643	19 Sec. 4. (a) Except as provided in subsection (c), before the
644	644	20 caregiver application is approved, the caregiver must authorize the
645	645	21 ICC to perform a national criminal history background check of
646	646	22 the caregiver.
647	647	23 (b) The caregiver is responsible for the fee for the national
648	648	24 criminal history background check.
649	649	25 (c) The ICC may conduct only one (1) national criminal history
650	650	26 background check of the caregiver per year.
651	651	27 Sec. 5. The caregiver shall pay an application fee of fifty dollars
652	652	28 ($50). The ICC may waive or reduce the fee in cases of
653	653	29 demonstrated financial hardship.
654	654	30 Sec. 6. After receiving the caregiver application, the fee, and the
655	655	31 results of the national criminal history background check, the ICC
656	656	32 shall:
657	657	33 (1) verify the information contained in the application; and
658	658	34 (2) review INSPECT with respect to the caregiver applicant.
659	659	35 Sec. 7. The ICC shall monthly transmit fees received under this
660	660	36 chapter to the state comptroller for deposit in the state general
661	661	37 fund.
662	662	38 Chapter 9. Minor Patients
663	663	39 Sec. 1. If a patient is less than eighteen (18) years of age, the
664	664	40 following apply:
665	665	41 (1) The patient must have a caregiver.
666	666	42 (2) The caregiver must be:
667	667	2025 IN 113—LS 6461/DI 106 16
668	668	1 (A) the patient's parent or legal guardian;
669	669	2 (B) an individual designated by a parent or legal guardian;
670	670	3 or
671	671	4 (C) an appropriate individual approved by the ICC on a
672	672	5 sufficient showing that no parent or legal guardian is
673	673	6 appropriate or available.
674	674	7 Chapter 10. Suspension
675	675	8 Sec. 1. If a patient or caregiver knowingly, intentionally, or
676	676	9 recklessly:
677	677	10 (1) violates any provision of this article; or
678	678	11 (2) transfers or sells cannabis to a person not qualified as a
679	679	12 patient under this article;
680	680	13 the ICC may suspend or revoke the patient's or caregiver's patient
681	681	14 or caregiver identification card. The suspension or revocation is in
682	682	15 addition to any criminal or other penalty.
683	683	16 Chapter 11. General Prohibitions
684	684	17 Sec. 1. A person may not operate a motor vehicle, including a
685	685	18 motorboat, while under the influence of cannabis.
686	686	19 Sec. 2. A person may not perform any employment duties in
687	687	20 exposed high places or in confined spaces while under the influence
688	688	21 of cannabis.
689	689	22 Sec. 3. A person's employer may prohibit a person from
690	690	23 performing any task while under the influence of cannabis. The
691	691	24 prohibition is not an adverse employment decision or unlawful
692	692	25 discrimination even if the prohibition results in financial harm for
693	693	26 the person.
694	694	27 Chapter 12. Cannabis Organizations
695	695	28 Sec. 1. The following entities may receive a permit to operate as
696	696	29 a cannabis organization to grow, process, or sell cannabis:
697	697	30 (1) A grower.
698	698	31 (2) A processor.
699	699	32 (3) A qualified retailer.
700	700	33 Sec. 2. (a) The ICC shall develop an application for a:
701	701	34 (1) grower permit allowing the grower to grow cannabis;
702	702	35 (2) qualified retailer permit allowing a qualified retailer to sell
703	703	36 cannabis;
704	704	37 (3) processor permit allowing a processor to process cannabis;
705	705	38 and
706	706	39 (4) testing laboratory permit allowing a testing laboratory to
707	707	40 test cannabis.
708	708	41 (b) The following information must be included in the permit
709	709	42 application:
710	710	2025 IN 113—LS 6461/DI 106 17
711	711	1 (1) The name, address, telephone number, and other contact
712	712	2 information for every person having an ownership interest in
713	713	3 the cannabis organization.
714	714	4 (2) Information relating to a similar permit, license, or other
715	715	5 authorization granted in another jurisdiction, including any
716	716	6 suspensions, revocations, or discipline in that jurisdiction.
717	717	7 (3) A release authorizing the ICC to conduct a background
718	718	8 check of the persons having an ownership interest in the
719	719	9 cannabis organization.
720	720	10 (4) A statement as to whether the cannabis organization
721	721	11 intends to operate as a grower, a processor, or a qualified
722	722	12 retailer, and a concise description of the business activities in
723	723	13 which the cannabis organization intends to engage.
724	724	14 (5) The address or other location where the cannabis
725	725	15 organization intends to operate.
726	726	16 (6) A statement that no person having an ownership interest
727	727	17 in the cannabis organization has a felony conviction related to
728	728	18 the production, possession, or sale of marijuana that has not
729	729	19 been expunged and that was entered within the three (3) years
730	730	20 prior to submission of the permit application.
731	731	21 (7) Any other information required by the ICC.
732	732	22 (c) A permit application described in this section shall be
733	733	23 verified and completed subject to the penalties of perjury.
734	734	24 (d) An applicant shall submit the appropriate application and
735	735	25 permit fees at the time the applicant submits the application.
736	736	26 Chapter 13. Cannabis Organization Permits
737	737	27 Sec. 1. Subject to the limits and conditions described in section
738	738	28 10 of this chapter, the ICC may grant a cannabis organization a
739	739	29 permit if the ICC makes the following findings:
740	740	30 (1) The applicant will maintain effective control of cannabis
741	741	31 in the custody of the applicant.
742	742	32 (2) The applicant will comply with all state statutes, all rules
743	743	33 adopted by the ICC, and any ordinances adopted by a
744	744	34 governmental unit.
745	745	35 (3) The applicant has the ability to properly carry out the
746	746	36 activity for which the permit is sought.
747	747	37 (4) The applicant has sufficient financial means to acquire all
748	748	38 property, equipment, and permits required to properly grow,
749	749	39 process, or sell cannabis.
750	750	40 (5) The applicant is able to implement and maintain
751	751	41 appropriate security, tracking, record keeping, and
752	752	42 surveillance systems relating to the acquisition, possession,
753	753	2025 IN 113—LS 6461/DI 106 18
754	754	1 growth, manufacture, delivery, transportation, distribution,
755	755	2 or sale of cannabis.
756	756	3 (6) The applicant satisfies any other conditions required
757	757	4 under rules adopted by the ICC.
758	758	5 (7) Granting a permit to the applicant serves the public
759	759	6 interest.
760	760	7 Sec. 2. If the ICC finds that information included in the
761	761	8 application is insufficient for the ICC to grant a permit to the
762	762	9 cannabis organization, the ICC may request that the applicant
763	763	10 submit additional documentation relating to one (1) or more items
764	764	11 listed in section 1 of this chapter.
765	765	12 Sec. 3. (a) Except as provided under subsection (b), a permit
766	766	13 granted under this chapter is nontransferable.
767	767	14 (b) A permit holder may transfer a permit to a person
768	768	15 authorized to hold a permit in accordance with rules adopted by
769	769	16 the ICC if:
770	770	17 (1) the permit holder has held the permit for at least
771	771	18 twenty-four (24) months; or
772	772	19 (2) the transfer is necessary due to the death or disability of
773	773	20 the permit holder or a similar severe hardship. For purposes
774	774	21 of this subdivision, financial hardship is not a severe hardship.
775	775	22 Sec. 4. A permit granted under this chapter is valid for one (1)
776	776	23 year after the date of issuance.
777	777	24 Sec. 5. (a) A permit may be renewed for one (1) or more
778	778	25 additional one (1) year periods.
779	779	26 (b) The ICC shall establish deadlines for filing a renewal
780	780	27 application that provide the ICC with sufficient time to review the
781	781	28 application without causing an interruption in the cannabis
782	782	29 organization's activities.
783	783	30 (c) The same standards that apply for granting an initial
784	784	31 application apply to an application for renewal. In determining
785	785	32 whether the renewal of a permit serves the public interest, the ICC
786	786	33 shall consider the manner in which the renewal applicant has
787	787	34 operated the cannabis organization and complied with all relevant
788	788	35 laws.
789	789	36 Sec. 6. A permit issued by the ICC to a cannabis organization
790	790	37 must include the following information:
791	791	38 (1) The name and address of the cannabis organization.
792	792	39 (2) The type of permit.
793	793	40 (3) The activities that are permitted under the permit.
794	794	41 (4) A description of the property and facilities authorized to
795	795	42 be used by the cannabis organization.
796	796	2025 IN 113—LS 6461/DI 106 19
797	797	1 (5) Any other information required by the ICC.
798	798	2 Sec. 7. The ICC may suspend or revoke all or part of a permit
799	799	3 granted under this chapter if, following a hearing, the ICC finds
800	800	4 any of the following:
801	801	5 (1) That one (1) or more of the determinations made under
802	802	6 section 1 of this chapter are no longer valid.
803	803	7 (2) That the cannabis organization knowingly or intentionally
804	804	8 sold or distributed cannabis to a person not permitted to
805	805	9 receive cannabis under this article.
806	806	10 (3) That the cannabis organization has failed to maintain
807	807	11 effective control against diversion of cannabis.
808	808	12 (4) That the cannabis organization has violated a provision of
809	809	13 this article or a rule adopted by the ICC.
810	810	14 (5) That the cannabis organization has failed to comply with
811	811	15 another law regulating controlled substances.
812	812	16 Sec. 8. (a) An applicant for a permit has a continuing duty to
813	813	17 notify the ICC of any material change in facts or circumstances
814	814	18 relating to the applicant's application, including a change in
815	815	19 ownership.
816	816	20 (b) An applicant's duty to notify the ICC begins on the date the
817	817	21 applicant submits the application and continues for as long as the
818	818	22 applicant holds a permit.
819	819	23 Sec. 9. The ICC may, upon request of a permit holder, amend an
820	820	24 existing permit to authorize a permit holder to:
821	821	25 (1) move the permit holder's operations from one (1) location
822	822	26 to another; or
823	823	27 (2) perform additional activities, or cease the performance of
824	824	28 certain activities now performed, at the permit holder's
825	825	29 facility;
826	826	30 if the ICC finds that the amendment is reasonable under the
827	827	31 circumstances.
828	828	32 Sec. 10. (a) The ICC shall initially issue:
829	829	33 (1) ten (10) processor permits; and
830	830	34 (2) one hundred (100) grower permits.
831	831	35 (b) The ICC shall ensure that, to the extent practicable:
832	832	36 (1) at least one (1) processor permit is issued for a facility
833	833	37 located in each geographical region described in
834	834	38 IC 10-11-2-5(d);
835	835	39 (2) at least three (3) grower permits are issued for cultivation
836	836	40 in each geographical region described in IC 10-11-2-5(d); and
837	837	41 (3) the persons receiving a permit reflect the diversity and
838	838	42 makeup of Indiana.
839	839	2025 IN 113—LS 6461/DI 106 20
840	840	1 (c) The ICC may issue additional permits in order to meet the
841	841	2 demand for cannabis in Indiana and to ensure a competitive
842	842	3 market. The ICC shall annually complete a market analysis to
843	843	4 determine whether additional permits are needed to continue the
844	844	5 capture of market share from illicit sources. The ICC shall hold
845	845	6 public hearings as part of the market analysis to hear from
846	846	7 consumers, market stakeholders, and potential new applicants.
847	847	8 Chapter 14. General Duties of a Permit Holder
848	848	9 Sec. 1. The holder of a permit must do the following:
849	849	10 (1) Report the loss, theft, or unexplained disappearance of
850	850	11 cannabis to a law enforcement agency not later than
851	851	12 twenty-four (24) hours after the loss, theft, or disappearance
852	852	13 is discovered.
853	853	14 (2) Permit announced or unannounced inspections by the ICC
854	854	15 of all cannabis organization facilities and records.
855	855	16 Chapter 15. Application and Permit Fees
856	856	17 Sec. 1. The following fees apply to a grower:
857	857	18 (1) A nonrefundable grower permit application fee of five
858	858	19 hundred dollars ($500).
859	859	20 (2) A refundable grower permit fee of two thousand five
860	860	21 hundred dollars ($2,500).
861	861	22 (3) A refundable grower permit renewal fee of one thousand
862	862	23 dollars ($1,000).
863	863	24 (4) A nonrefundable permit amendment fee of two hundred
864	864	25 fifty dollars ($250).
865	865	26 Sec. 2. The following fees apply to a processor:
866	866	27 (1) A nonrefundable processor permit application fee of two
867	867	28 thousand five hundred dollars ($2,500).
868	868	29 (2) A refundable processor permit fee of ten thousand dollars
869	869	30 ($10,000).
870	870	31 (3) A refundable processor permit renewal fee of five
871	871	32 thousand dollars ($5,000).
872	872	33 (4) A nonrefundable permit amendment fee of two hundred
873	873	34 fifty dollars ($250).
874	874	35 Sec. 3. The following fees apply to a qualified retailer:
875	875	36 (1) A nonrefundable qualified retailer permit application fee
876	876	37 of two hundred dollars ($200).
877	877	38 (2) A refundable qualified retailer permit fee of one thousand
878	878	39 dollars ($1,000) for each qualified retailer location.
879	879	40 (3) A refundable qualified retailer permit renewal fee of seven
880	880	41 hundred fifty dollars ($750) for each qualified retailer
881	881	42 location.
882	882	2025 IN 113—LS 6461/DI 106 21
883	883	1 (4) A nonrefundable permit amendment fee of two hundred
884	884	2 fifty dollars ($250).
885	885	3 Sec. 4. The following fees apply to a testing laboratory:
886	886	4 (1) A nonrefundable testing laboratory permit application fee
887	887	5 of one thousand dollars ($1,000).
888	888	6 (2) A refundable testing laboratory permit fee of two
889	889	7 thousand five hundred dollars ($2,500) for each testing
890	890	8 laboratory location.
891	891	9 (3) A refundable testing laboratory permit renewal fee of two
892	892	10 thousand dollars ($2,000) for each testing laboratory location.
893	893	11 (4) A nonrefundable permit amendment fee of two hundred
894	894	12 fifty dollars ($250).
895	895	13 Sec. 5. An applicant must submit the application fee and permit
896	896	14 fee at the time the applicant submits the application.
897	897	15 Sec. 6. (a) The ICC shall retain the application fee even if the
898	898	16 application is not approved.
899	899	17 (b) The ICC shall refund the permit fee and renewal fee if the
900	900	18 permit or renewal is not approved. However, the permit fee and
901	901	19 renewal fee are not refundable if the permit is initially granted but
902	902	20 later suspended or revoked.
903	903	21 (c) The ICC shall retain the permit amendment fee even if the
904	904	22 application for amendment is not approved.
905	905	23 Sec. 7. The ICC shall transfer all fees to the state comptroller
906	906	24 for deposit in the state general fund.
907	907	25 Chapter 16. Tracking and Record Keeping
908	908	26 Sec. 1. (a) A cannabis organization shall implement an electronic
909	909	27 inventory tracking system, which must be directly accessible to the
910	910	28 ICC through an electronic data base that is updated at least one (1)
911	911	29 time each day.
912	912	30 (b) The electronic inventory tracking system must include the
913	913	31 following:
914	914	32 (1) For a grower, a seed to sale tracking system that tracks the
915	915	33 cannabis from seed to plant until the cannabis is sold or
916	916	34 transferred to its final destination.
917	917	35 (2) For a processor, a system that tracks cannabis from its
918	918	36 purchase from a grower to its transfer to a qualified retailer,
919	919	37 testing laboratory, or research facility as authorized by this
920	920	38 article.
921	921	39 (3) For a qualified retailer, a system that tracks cannabis from
922	922	40 its purchase from a grower or processor to its sale to an adult
923	923	41 cannabis user, patient, or caregiver, or its transfer to a testing
924	924	42 laboratory, research facility, grower, or processor as
925	925	2025 IN 113—LS 6461/DI 106 22
926	926	1 authorized by this article.
927	927	2 (4) For a qualified retailer, a system to verify that a patient or
928	928	3 caregiver identification card presented by a patient or
929	929	4 caregiver purchasing cannabis:
930	930	5 (A) is valid; and
931	931	6 (B) authorizes the patient or caregiver to receive cannabis
932	932	7 from a qualified retailer.
933	933	8 (5) For a qualified retailer, a system to record and transmit
934	934	9 the identification of an adult cannabis user and the quantity
935	935	10 and form of cannabis purchased to ensure that the adult
936	936	11 cannabis user complies with possession limits.
937	937	12 (6) For a cannabis organization, a:
938	938	13 (A) daily log of each day's beginning inventory,
939	939	14 acquisitions, amounts purchased and sold, disbursements,
940	940	15 disposals, and ending inventory, including prices paid and
941	941	16 amounts collected from adult cannabis users, patients, and
942	942	17 caregivers;
943	943	18 (B) system to recall defective cannabis; and
944	944	19 (C) system to track the waste resulting from the growth of
945	945	20 cannabis, including the name and address of a disposal
946	946	21 service.
947	947	22 Sec. 2. A cannabis organization must implement a plan for:
948	948	23 (1) security and surveillance; and
949	949	24 (2) record keeping and record retention.
950	950	25 Sec. 3. The ICC:
951	951	26 (1) shall require a cannabis organization to make an annual
952	952	27 report to the ICC; and
953	953	28 (2) may require a cannabis organization to make a quarterly
954	954	29 report to the ICC.
955	955	30 The ICC shall determine the form and contents of the report and
956	956	31 may make all or part of the report available to the public.
957	957	32 Chapter 17. Grower Operations
958	958	33 Sec. 1. A person holding a grower permit may do all the
959	959	34 following in accordance with rules adopted by the ICC:
960	960	35 (1) Obtain seed and plant material from another grower.
961	961	36 (2) Sell and transport seed and plant material to another
962	962	37 grower or processor.
963	963	38 (3) Sell and transport cannabis to a processor, qualified
964	964	39 retailer, testing laboratory, or research facility authorized by
965	965	40 the ICC.
966	966	41 The ICC may authorize a person holding a grower permit to sell
967	967	42 and transport seed, plant material, and cannabis to a grower,
968	968	2025 IN 113—LS 6461/DI 106 23
969	969	1 processor, qualified retailer, testing laboratory, or research facility
970	970	2 in another state.
971	971	3 Sec. 2. The ICC shall determine the manner in which cannabis
972	972	4 may be grown, harvested, and stored at the cultivation or
973	973	5 harvesting facility.
974	974	6 Sec. 3. The ICC shall determine the manner in which
975	975	7 transportation of cannabis shall be conducted between or among
976	976	8 growers, processors, qualified retailers, testing laboratories, or
977	977	9 research facilities. Rules adopted by the ICC must include the
978	978	10 following:
979	979	11 (1) Requirements relating to shipping containers and
980	980	12 packaging.
981	981	13 (2) The manner in which trucks, vans, trailers, or other
982	982	14 carriers will be secured.
983	983	15 (3) Obtaining copies of driver's licenses and registrations and
984	984	16 other information related to security and tracking.
985	985	17 (4) The use of a GPS tracking system.
986	986	18 (5) Record keeping requirements for delivery and receipt of
987	987	19 cannabis products.
988	988	20 Sec. 4. A grower shall contract with an independent testing
989	989	21 laboratory to test the cannabis produced by the grower. The ICC
990	990	22 shall approve the testing laboratory and require that the testing
991	991	23 laboratory report testing results in the manner determined by the
992	992	24 ICC. If a grower learns that the grower's sample has failed
993	993	25 required testing, the grower must take steps to remediate the
994	994	26 harvest to allowable levels under IC 7.1-8-20-3, or immediately
995	995	27 dispose of the harvest.
996	996	28 Chapter 18. Processor Operations
997	997	29 Sec. 1. A person holding a processor permit may do all the
998	998	30 following in accordance with rules adopted by the ICC:
999	999	31 (1) Obtain cannabis from a grower.
1000	1000	32 (2) Sell and transport processed cannabis to another grower
1001	1001	33 or processor.
1002	1002	34 (3) Sell and transport cannabis to a processor, qualified
1003	1003	35 retailer, testing laboratory, or research facility authorized by
1004	1004	36 the ICC.
1005	1005	37 The ICC shall authorize a person holding a processor permit to sell
1006	1006	38 and transport processed cannabis to a grower, processor, qualified
1007	1007	39 retailer, testing laboratory, or research facility in another state if
1008	1008	40 the person meets the requirements established by the ICC.
1009	1009	41 Sec. 2. The ICC shall determine the manner in which cannabis
1010	1010	42 may be processed or stored at the processor facility.
1011	1011	2025 IN 113—LS 6461/DI 106 24
1012	1012	1 Sec. 3. The ICC shall determine the manner in which
1013	1013	2 transportation of cannabis shall be conducted between or among
1014	1014	3 cannabis organizations and research facilities. Rules adopted by
1015	1015	4 the ICC must include the following:
1016	1016	5 (1) Requirements relating to shipping containers and
1017	1017	6 packaging.
1018	1018	7 (2) The manner in which trucks, vans, trailers, or other
1019	1019	8 carriers will be secured.
1020	1020	9 (3) Obtaining copies of driver's licenses and registrations and
1021	1021	10 other information related to security and tracking.
1022	1022	11 (4) The use of a GPS tracking system.
1023	1023	12 (5) Record keeping requirements for delivery and receipt of
1024	1024	13 cannabis products.
1025	1025	14 Sec. 4. A processor shall develop a plan to ensure that cannabis
1026	1026	15 products are properly labeled, are not packaged in a manner that
1027	1027	16 is appealing to children, and are placed in child resistant
1028	1028	17 packaging.
1029	1029	18 Sec. 5. A processor shall include on its labeling of cannabis
1030	1030	19 products the following:
1031	1031	20 (1) The number of doses contained within the package, the
1032	1032	21 species, and the percentage of tetrahydrocannabinol and
1033	1033	22 cannabinol.
1034	1034	23 (2) A warning that the cannabis must be kept in the original
1035	1035	24 container in which it was sold.
1036	1036	25 (3) A warning that unauthorized use is unlawful and will
1037	1037	26 subject the person to criminal penalties.
1038	1038	27 (4) A list of ingredients.
1039	1039	28 (5) The manufacture or harvest date.
1040	1040	29 (6) Any other information required by the ICC.
1041	1041	30 Sec. 6. A processor shall contract with an independent testing
1042	1042	31 laboratory to test the cannabis product produced by the processor.
1043	1043	32 The testing laboratory must be approved by the ICC, and the ICC
1044	1044	33 shall require that the testing laboratory report testing results in the
1045	1045	34 manner determined by the ICC. If a processor learns that a sample
1046	1046	35 submitted by the processor has failed required testing, the
1047	1047	36 processor must take steps to remediate the product to allowable
1048	1048	37 levels under IC 7.1-8-20-3, or immediately dispose of the batch.
1049	1049	38 Chapter 19. Qualified Retailer Operations
1050	1050	39 Sec. 1. (a) A qualified retailer holding a valid permit under this
1051	1051	40 article may sell cannabis to a patient or caregiver upon
1052	1052	41 presentation of a valid patient or caregiver identification card for
1053	1053	42 that patient or caregiver and electronic verification that the patient
1054	1054	2025 IN 113—LS 6461/DI 106 25
1055	1055	1 or caregiver identification card is valid and authorizes the patient
1056	1056	2 or caregiver to receive cannabis from a qualified retailer.
1057	1057	3 (b) A qualified retailer holding a valid permit under this article
1058	1058	4 may sell cannabis to an adult cannabis user upon presentation of
1059	1059	5 a valid government issued photo identification card containing the
1060	1060	6 person's date of birth, and electronic verification that:
1061	1061	7 (1) the sale will not permit the adult cannabis user to exceed
1062	1062	8 the limit described in section 3 of this chapter; and
1063	1063	9 (2) the adult cannabis user does not possess a valid, unexpired
1064	1064	10 certification.
1065	1065	11 Sec. 2. A qualified retailer shall provide to a purchaser a receipt
1066	1066	12 including all of the following:
1067	1067	13 (1) The name and address of the qualified retailer.
1068	1068	14 (2) The name and address of the purchaser.
1069	1069	15 (3) The date the cannabis was sold.
1070	1070	16 (4) For medical cannabis, any requirement or limitation by
1071	1071	17 the physician as to the form of cannabis for the patient.
1072	1072	18 (5) The form and the quantity of cannabis sold.
1073	1073	19 Sec. 3. A qualified retailer may not sell to a patient (or a
1074	1074	20 caregiver on behalf of a specific patient):
1075	1075	21 (1) in any thirty (30) day period:
1076	1076	22 (A) more cannabis than the maximum amount authorized
1077	1077	23 by the certification; or
1078	1078	24 (B) ten (10) ounces of cannabis;
1079	1079	25 whichever is less;
1080	1080	26 (2) subject to subdivision (1), more than two and one-half (2.5)
1081	1081	27 ounces of cannabis per day, of which not more than fifteen
1082	1082	28 (15) grams may be cannabis concentrate;
1083	1083	29 (3) a form of cannabis that is not authorized on the
1084	1084	30 certification; or
1085	1085	31 (4) cannabis, if the patient is cultivating mature cannabis
1086	1086	32 plants for the patient's own use.
1087	1087	33 Sec. 4. Cannabis packaging must include the following
1088	1088	34 information:
1089	1089	35 (1) The number of doses contained within the package, the
1090	1090	36 species, and the percentage of tetrahydrocannabinol and
1091	1091	37 cannabinol.
1092	1092	38 (2) A warning that the cannabis must be kept in the original
1093	1093	39 container in which it was sold.
1094	1094	40 (3) A warning that unauthorized use is unlawful and will
1095	1095	41 subject the person to criminal penalties.
1096	1096	42 (4) Any other information required by the ICC.
1097	1097	2025 IN 113—LS 6461/DI 106 26
1098	1098	1 Sec. 5. A qualified retailer:
1099	1099	2 (1) may sell cannabis only in an indoor, enclosed, secure
1100	1100	3 facility located in Indiana;
1101	1101	4 (2) may sell medical devices and instruments that are needed
1102	1102	5 to administer cannabis; and
1103	1103	6 (3) may sell services approved by the ICC related to the use of
1104	1104	7 cannabis.
1105	1105	8 Sec. 6. A qualified retailer shall post a copy of its permit in a
1106	1106	9 location within its facility in a manner that is easily observable by
1107	1107	10 the public.
1108	1108	11 Sec. 7. A qualified retailer shall establish a plan to:
1109	1109	12 (1) prevent diversion of cannabis and cannabis products; and
1110	1110	13 (2) ensure a patient is not sold more cannabis than is
1111	1111	14 permitted under this article.
1112	1112	15 Chapter 20. Testing Laboratory Operations
1113	1113	16 Sec. 1. A testing laboratory may test cannabis from a cannabis
1114	1114	17 organization in accordance with rules adopted by the ICC if the
1115	1115	18 testing laboratory:
1116	1116	19 (1) holds a valid permit issued under this article; or
1117	1117	20 (2) is already accredited as a testing laboratory to
1118	1118	21 International Organization for Standardization (ISO) 17025
1119	1119	22 by a third party accrediting body such as the American
1120	1120	23 Association for Laboratory Accreditation (A2LA) or Assured
1121	1121	24 Calibration and Laboratory Accreditation Select Services
1122	1122	25 (ACLASS).
1123	1123	26 Sec. 2. A testing laboratory shall maintain policies and
1124	1124	27 procedures for the secure and proper analytical testing of
1125	1125	28 cannabis, which must include:
1126	1126	29 (1) laboratory analysis techniques, including specific
1127	1127	30 instrumentation and protocols necessary to perform the tests
1128	1128	31 required by the ICC;
1129	1129	32 (2) the implementation of standards and methods for
1130	1130	33 conducting analysis of forms of cannabis in accordance with
1131	1131	34 the requirements of ISO/IEC 17025 "General Requirements
1132	1132	35 for the Competence of Testing and Calibration
1133	1133	36 Laboratories"; and
1134	1134	37 (3) methods of testing to detect:
1135	1135	38 (A) potency levels of tetrahydrocannabinol and
1136	1136	39 cannabinol;
1137	1137	40 (B) microbials;
1138	1138	41 (C) mycotoxins;
1139	1139	42 (D) pesticides;
1140	1140	2025 IN 113—LS 6461/DI 106 27
1141	1141	1 (E) residual solvents; and
1142	1142	2 (F) any other matter as required by the ICC.
1143	1143	3 Sec. 3. The ICC shall establish the allowable level of microbials,
1144	1144	4 mycotoxins, pesticides, residual solvents, and other matter
1145	1145	5 determined by the ICC. If a sample received from a grower or
1146	1146	6 processor exceeds allowable levels, the testing laboratory must
1147	1147	7 immediately notify the grower or processor from which the testing
1148	1148	8 laboratory received the sample.
1149	1149	9 Sec. 4. A person holding an ownership interest in a qualified
1150	1150	10 retailer, a grower, or a processor permit may not have an
1151	1151	11 ownership interest in a testing laboratory permit.
1152	1152	12 Chapter 21. Transportation
1153	1153	13 Sec. 1. A transporter may transport cannabis or paraphernalia
1154	1154	14 from a:
1155	1155	15 (1) grower or processor to a qualified retailer;
1156	1156	16 (2) grower or processor to a testing laboratory or research
1157	1157	17 facility authorized by the ICC;
1158	1158	18 (3) qualified retailer to a grower or processor;
1159	1159	19 (4) qualified retailer to a testing laboratory or research
1160	1160	20 facility authorized by the ICC;
1161	1161	21 (5) cannabis organization to another cannabis organization;
1162	1162	22 or
1163	1163	23 (6) cannabis organization to another person if authorized to
1164	1164	24 do so by the ICC;
1165	1165	25 if the transporter complies with this chapter.
1166	1166	26 Sec. 2. No employee of a transporter under this chapter who is
1167	1167	27 directly involved in the transport of cannabis or paraphernalia
1168	1168	28 may have a felony conviction related to the production, possession,
1169	1169	29 or sale of marijuana that was entered within the previous three (3)
1170	1170	30 years and that has not been expunged.
1171	1171	31 Sec. 3. Cannabis or paraphernalia transported under this
1172	1172	32 chapter must be:
1173	1173	33 (1) packed in a tamper resistant and tamper evident package;
1174	1174	34 (2) clearly marked as to quantity and contents; and
1175	1175	35 (3) securely stored in the vehicle used for transport.
1176	1176	36 Sec. 4. The transporter shall proceed as directly and
1177	1177	37 expeditiously as practicable from the shipping location to the
1178	1178	38 receiving location.
1179	1179	39 Sec. 5. The person who ships the cannabis or paraphernalia
1180	1180	40 shall provide the transporter with a shipping manifest clearly
1181	1181	41 stating the:
1182	1182	42 (1) exact quantity of cannabis or paraphernalia that is being
1183	1183	2025 IN 113—LS 6461/DI 106 28
1184	1184	1 transported;
1185	1185	2 (2) address of the shipping location;
1186	1186	3 (3) address of the receiving location;
1187	1187	4 (4) identification of the person transporting the material; and
1188	1188	5 (5) time the person transporting the material left the shipping
1189	1189	6 location.
1190	1190	7 Sec. 6. The transporter shall keep the shipping manifest in the
1191	1191	8 transporter's possession at all times.
1192	1192	9 Sec. 7. The ICC may adopt rules under IC 4-22-2 to regulate the
1193	1193	10 transport of cannabis or paraphernalia. The ICC may authorize a
1194	1194	11 transporter to transport cannabis or paraphernalia out of state.
1195	1195	12 Chapter 22. Reports
1196	1196	13 Sec. 1. The ICC shall, not later than December 31 of each year,
1197	1197	14 submit a report concerning the cannabis program to the legislative
1198	1198	15 council, the governor, and the chief justice of the supreme court.
1199	1199	16 The report to the legislative council must be in an electronic format
1200	1200	17 under IC 5-14-6.
1201	1201	18 Chapter 23. Civil Penalties
1202	1202	19 Sec. 1. The ICC may assess a civil penalty of not more than
1203	1203	20 twenty thousand dollars ($20,000) for each violation of this article
1204	1204	21 or a rule adopted under this article. In addition, the ICC may
1205	1205	22 impose an additional penalty of not more than two thousand five
1206	1206	23 hundred dollars ($2,500) for each day of a continuing violation.
1207	1207	24 Sec. 2. (a) In determining the amount of a civil penalty imposed
1208	1208	25 under this chapter, the ICC shall consider the following:
1209	1209	26 (1) The seriousness of the violation.
1210	1210	27 (2) The potential harm resulting from the violation to adult
1211	1211	28 cannabis users, patients, caregivers, or the general public.
1212	1212	29 (3) The willfulness of the violation.
1213	1213	30 (4) Any previous violations.
1214	1214	31 (5) The economic benefit that accrued to the person who
1215	1215	32 committed the violation.
1216	1216	33 (b) If the ICC finds that the:
1217	1217	34 (1) violation did not threaten the safety or health of an adult
1218	1218	35 cannabis user, a patient, a caregiver, or the general public;
1219	1219	36 and
1220	1220	37 (2) violator took immediate action to remedy the violation
1221	1221	38 upon learning of it;
1222	1222	39 the ICC may issue a written warning instead of assessing a civil
1223	1223	40 penalty.
1224	1224	41 Sec. 3. In addition to the civil penalty described in this chapter
1225	1225	42 and any other penalty authorized by law, the ICC may revoke or
1226	1226	2025 IN 113—LS 6461/DI 106 29
1227	1227	1 suspend a person's permit or patient or caregiver identification
1228	1228	2 card.
1229	1229	3 Chapter 24. Research
1230	1230	4 Sec. 1. (a) The ICC may provide assistance to universities,
1231	1231	5 research facilities, pharmaceutical companies, state agencies, and
1232	1232	6 similar entities that wish to conduct research concerning cannabis.
1233	1233	7 (b) The ICC may conduct research concerning cannabis.
1234	1234	8 Sec. 2. The ICC may authorize persons conducting research on
1235	1235	9 cannabis to obtain, possess, transport, and use cannabis for
1236	1236	10 research purposes, under terms and conditions established by the
1237	1237	11 ICC. The ICC shall issue appropriate documentation to allow
1238	1238	12 persons to obtain cannabis for research purposes.
1239	1239	13 Chapter 25. Employment
1240	1240	14 Sec. 1. The following definitions apply throughout this chapter:
1241	1241	15 (1) "On call" means that an employee is scheduled with at
1242	1242	16 least twenty-four (24) hours notice by the employee's
1243	1243	17 employer to be on standby or otherwise responsible for
1244	1244	18 performing tasks related to the employee's employment either
1245	1245	19 at the employer's premises or other previously designated
1246	1246	20 location by the employee's employer or supervisor to perform
1247	1247	21 a work related task.
1248	1248	22 (2) "Workplace" means the employer's premises, including
1249	1249	23 any building, real property, and parking area under the
1250	1250	24 control of the employer or area used by an employee while in
1251	1251	25 performance of the employee's job duties, and vehicles,
1252	1252	26 whether leased, rented, or owned. The term includes another
1253	1253	27 location as defined by the employer's written employment
1254	1254	28 policy, to the extent that the policy is generally consistent with
1255	1255	29 this subdivision.
1256	1256	30 Sec. 2. This article does not:
1257	1257	31 (1) prohibit an employer from adopting reasonable zero
1258	1258	32 tolerance or drug free workplace policies, or employment
1259	1259	33 policies concerning drug testing, smoking, consumption,
1260	1260	34 storage, or use of cannabis in the workplace or while on call
1261	1261	35 provided that the policy is applied in a nondiscriminatory
1262	1262	36 manner;
1263	1263	37 (2) require an employer to permit an employee to be under
1264	1264	38 the influence of or use cannabis in the employer's workplace
1265	1265	39 or while performing the employee's job duties or while on
1266	1266	40 call; or
1267	1267	41 (3) limit or prevent an employer from disciplining an
1268	1268	42 employee or terminating employment of an employee for
1269	1269	2025 IN 113—LS 6461/DI 106 30
1270	1270	1 violating an employer's employment policies or workplace
1271	1271	2 drug policies.
1272	1272	3 Sec. 3. For purposes of section 2 of this chapter, an employer
1273	1273	4 may consider an employee to be impaired by or under the influence
1274	1274	5 of cannabis if the employer has a good faith belief that an employee
1275	1275	6 manifests specific, articulable symptoms while working that
1276	1276	7 decrease or lessen the employee's performance of the duties or
1277	1277	8 tasks of the employee's job position, including symptoms of the
1278	1278	9 employee's speech, physical dexterity, agility, coordination,
1279	1279	10 demeanor, irrational or unusual behavior, or negligence or
1280	1280	11 carelessness in operating equipment or machinery; disregard for
1281	1281	12 the safety of the employee or others, or involvement in any accident
1282	1282	13 that results in serious damage to equipment or property;
1283	1283	14 disruption of a production or manufacturing process; or
1284	1284	15 carelessness that results in any injury to the employee or others. If
1285	1285	16 an employer elects to discipline an employee on the basis that the
1286	1286	17 employee is under the influence of or impaired by cannabis, the
1287	1287	18 employer must afford the employee a reasonable opportunity to
1288	1288	19 contest the basis of the determination.
1289	1289	20 Sec. 4. This article does not create or imply a cause of action for
1290	1290	21 any person against an employer for:
1291	1291	22 (1) actions, including subjecting an employee or applicant to
1292	1292	23 reasonable drug and alcohol testing under the employer's
1293	1293	24 workplace drug policy, including an employee's refusal to be
1294	1294	25 tested or to cooperate in testing procedures or disciplining or
1295	1295	26 termination of employment, based on the employer's good
1296	1296	27 faith belief that an employee used or possessed cannabis in the
1297	1297	28 employer's workplace or while performing the employee's job
1298	1298	29 duties or while on call in violation of the employer's
1299	1299	30 employment policies;
1300	1300	31 (2) actions, including discipline or termination of employment,
1301	1301	32 based on the employer's good faith belief that an employee
1302	1302	33 was impaired as a result of the use of cannabis, or under the
1303	1303	34 influence of cannabis, while at the employer's workplace or
1304	1304	35 while performing the employee's job duties or while on call in
1305	1305	36 violation of the employer's workplace drug policy; or
1306	1306	37 (3) injury, loss, or liability to a third party if the employer
1307	1307	38 neither knew nor had reason to know that the employee was
1308	1308	39 impaired.
1309	1309	40 Sec. 5. This article does not enhance or diminish protections
1310	1310	41 afforded by any other law.
1311	1311	42 Sec. 6. This article does not interfere with any federal, state, or
1312	1312	2025 IN 113—LS 6461/DI 106 31
1313	1313	1 local restrictions on employment including the United States
1314	1314	2 Department of Transportation regulation 49 CFR 40.151(e) or
1315	1315	3 impact an employer's ability to comply with federal or state law or
1316	1316	4 cause an employer to lose any federal or state contract or funding.
1317	1317	5 SECTION 6. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
1318	1318	6 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1319	1319	7 2025]:
1320	1320	8 ARTICLE 9. INDIANA CANNABIS COMMISSION
1321	1321	9 Chapter 1. Definitions
1322	1322	10 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
1323	1323	11 article.
1324	1324	12 Chapter 2. General Provisions
1325	1325	13 Sec. 1. The Indiana cannabis commission (ICC) is established as
1326	1326	14 an agency of the executive branch of state government for purposes
1327	1327	15 of administering the cannabis program.
1328	1328	16 Sec. 2. (a) The ICC consists of:
1329	1329	17 (1) the ICC board;
1330	1330	18 (2) the executive director; and
1331	1331	19 (3) other employees necessary to carry out the duties of the
1332	1332	20 ICC.
1333	1333	21 (b) The ICC board is established as a continuing board of the
1334	1334	22 executive branch of state government.
1335	1335	23 (c) The ICC board consists of three (3) commissioners, who shall
1336	1336	24 direct and oversee the operation of the ICC.
1337	1337	25 Sec. 3. (a) The commissioners shall be appointed by the
1338	1338	26 governor.
1339	1339	27 (b) A commissioner serves for a term that ends June 30 of the
1340	1340	28 next odd-numbered year after appointment. A commissioner is
1341	1341	29 eligible for reappointment.
1342	1342	30 (c) Not more than two (2) commissioners may belong to the
1343	1343	31 same political party.
1344	1344	32 (d) A commissioner serves the commissioner's term at the
1345	1345	33 pleasure of the governor.
1346	1346	34 Sec. 4. To be eligible for appointment as a commissioner, an
1347	1347	35 individual must have the following qualifications:
1348	1348	36 (1) The individual may not be employed by the state in any
1349	1349	37 other capacity.
1350	1350	38 (2) The individual must have good moral character.
1351	1351	39 (3) The individual must have been a resident of Indiana for at
1352	1352	40 least ten (10) years immediately preceding the appointment.
1353	1353	41 Sec. 5. The governor shall appoint one (1) commissioner to serve
1354	1354	42 as chairperson of the ICC board, and one (1) commissioner to
1355	1355	2025 IN 113—LS 6461/DI 106 32
1356	1356	1 serve as vice chairperson. The vice chairperson shall act as the
1357	1357	2 chairperson if the chairperson is unable to attend a meeting of the
1358	1358	3 ICC board. The chairperson and vice chairperson serve at the
1359	1359	4 pleasure of the governor.
1360	1360	5 Sec. 6. A commissioner appointed to fill a vacancy in the
1361	1361	6 membership of the ICC board shall serve only for the remainder
1362	1362	7 of the unexpired term. In all other respects, an appointment to fill
1363	1363	8 a vacancy shall be made in the same manner that an original
1364	1364	9 appointment is made.
1365	1365	10 Sec. 7. (a) As compensation for services, each commissioner is
1366	1366	11 entitled to the minimum salary per diem provided by
1367	1367	12 IC 4-10-11-2.1(b). A commissioner is also entitled to
1368	1368	13 reimbursement for traveling expenses as provided under
1369	1369	14 IC 4-13-1-4 and other expenses actually incurred in connection
1370	1370	15 with the commissioner's duties as provided in the state policies and
1371	1371	16 procedures established by the Indiana department of
1372	1372	17 administration and approved by the budget agency.
1373	1373	18 (b) The expenses of the ICC board shall be paid from funds
1374	1374	19 appropriated to the ICC.
1375	1375	20 Sec. 8. Each commissioner shall execute:
1376	1376	21 (1) a surety bond in the amount of ten thousand dollars
1377	1377	22 ($10,000), with surety approved by the governor; and
1378	1378	23 (2) an oath of office.
1379	1379	24 The surety bond and the oath of office shall be filed in the office of
1380	1380	25 the secretary of state.
1381	1381	26 Sec. 9. The required surety bond executed and filed on behalf of
1382	1382	27 a commissioner shall be made payable to the state of Indiana and
1383	1383	28 conditioned upon the faithful discharge of the commissioner's
1384	1384	29 duties.
1385	1385	30 Sec. 10. The ICC board shall hold meetings at the call of the
1386	1386	31 chairperson. The ICC board may establish rules governing
1387	1387	32 meetings.
1388	1388	33 Sec. 11. (a) Two (2) ICC commissioners constitute a quorum for
1389	1389	34 the transaction of business.
1390	1390	35 (b) Each commissioner has one (1) vote.
1391	1391	36 (c) Action of the ICC board may be taken only upon the
1392	1392	37 affirmative votes of at least two (2) commissioners.
1393	1393	38 Sec. 12. An ICC commissioner may not solicit or accept a
1394	1394	39 political contribution from a patient, a caregiver, or any individual
1395	1395	40 or entity that has a permit or has applied for a permit issued by the
1396	1396	41 ICC. However, the right of a commissioner to vote as the
1397	1397	42 commissioner chooses and to express the commissioner's opinions
1398	1398	2025 IN 113—LS 6461/DI 106 33
1399	1399	1 on political subjects and candidates may not be impaired.
1400	1400	2 Chapter 3. Employees and Administration
1401	1401	3 Sec. 1. (a) The ICC board shall appoint an executive director to
1402	1402	4 assist the ICC in the efficient administration of its powers and
1403	1403	5 duties.
1404	1404	6 (b) The ICC board shall fix the salary of the executive director,
1405	1405	7 subject to the approval of the budget agency.
1406	1406	8 Sec. 2. The ICC has the power to employ all necessary
1407	1407	9 employees, determine their duties, and, subject to the approval of
1408	1408	10 the ICC board and the budget agency, fix their salaries.
1409	1409	11 Chapter 4. Powers and Duties
1410	1410	12 Sec. 1. The chairperson is the presiding officer at the meetings
1411	1411	13 of the ICC board. The chairperson, together with the executive
1412	1412	14 director, shall prepare, certify, and authenticate all proceedings,
1413	1413	15 minutes, records, rules, and regulations of the ICC board. The
1414	1414	16 chairperson shall also perform all other duties as imposed on the
1415	1415	17 chairperson by this title.
1416	1416	18 Sec. 2. The ICC has the power to organize its work, to enforce
1417	1417	19 and administer this article and IC 7.1-8, and to enforce and
1418	1418	20 administer the rules adopted by the ICC.
1419	1419	21 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to prescribe
1420	1420	22 the forms for all applications, documents, permits, patient or
1421	1421	23 caregiver identification cards, and licenses used in the
1422	1422	24 administration of this article and IC 7.1-8.
1423	1423	25 Sec. 4. The ICC has the following powers:
1424	1424	26 (1) To hold hearings before the ICC or its representative.
1425	1425	27 (2) To take testimony and receive evidence.
1426	1426	28 (3) To conduct inquiries with or without a hearing.
1427	1427	29 (4) To receive reports of investigators or other governmental
1428	1428	30 officers and employees.
1429	1429	31 (5) To administer oaths.
1430	1430	32 (6) To subpoena witnesses and to compel them to appear and
1431	1431	33 testify.
1432	1432	34 (7) To certify copies of records of the ICC or any other
1433	1433	35 document or record on file with the ICC.
1434	1434	36 (8) To fix the form, mode, manner, time, and number of times
1435	1435	37 for the posting or publication of any required notices if not
1436	1436	38 otherwise provided.
1437	1437	39 (9) To adopt rules under IC 4-22-2 to carry out this article
1438	1438	40 and IC 7.1-8.
1439	1439	41 Sec. 5. The ICC has the following duties:
1440	1440	42 (1) To establish the cannabis program described in IC 7.1-8
1441	1441	2025 IN 113—LS 6461/DI 106 34
1442	1442	1 and to adopt all necessary rules to implement the program.
1443	1443	2 (2) To implement protocols for the application and issuance
1444	1444	3 of a patient or caregiver identification card, including
1445	1445	4 protocols to:
1446	1446	5 (A) prevent fraud;
1447	1447	6 (B) ensure the accuracy of information contained in the
1448	1448	7 application; and
1449	1449	8 (C) protect the privacy of an applicant.
1450	1450	9 (3) To advise the general assembly concerning the
1451	1451	10 establishment of a program for the:
1452	1452	11 (A) manufacture;
1453	1453	12 (B) cultivation;
1454	1454	13 (C) advertising;
1455	1455	14 (D) transportation; and
1456	1456	15 (E) sale;
1457	1457	16 of cannabis.
1458	1458	17 (4) To encourage research concerning cannabis.
1459	1459	18 Chapter 5. Research and Development
1460	1460	19 Sec. 1. To permit and encourage research concerning cannabis:
1461	1461	20 (1) an accredited institution of higher education with a
1462	1462	21 physical presence in Indiana; and
1463	1463	22 (2) a pharmaceutical or agricultural business having a
1464	1464	23 research facility in Indiana;
1465	1465	24 may apply to the ICC for a license to conduct research concerning
1466	1466	25 cannabis.
1467	1467	26 Sec. 2. An application under this chapter must include the
1468	1468	27 following:
1469	1469	28 (1) The nature of the research project.
1470	1470	29 (2) The names of the individuals who will conduct the
1471	1471	30 research project.
1472	1472	31 (3) The approximate quantity of cannabis that will be used in
1473	1473	32 the research project.
1474	1474	33 (4) The security protocol to be implemented to ensure that
1475	1475	34 cannabis is not diverted for uses other than the research
1476	1476	35 project.
1477	1477	36 (5) Any other information required by the ICC.
1478	1478	37 Sec. 3. Upon receipt of a completed application, the ICC may
1479	1479	38 issue a research license to the accredited institution of higher
1480	1480	39 education or pharmaceutical or agricultural business. The research
1481	1481	40 license must specifically list the names of each individual
1482	1482	41 participating in the research project who will have custody or
1483	1483	42 control of cannabis for research purposes and the approximate
1484	1484	2025 IN 113—LS 6461/DI 106 35
1485	1485	1 quantity of the cannabis that will be used in the research project.
1486	1486	2 Sec. 4. The ICC may charge a reasonable fee for issuance of a
1487	1487	3 research license.
1488	1488	4 SECTION 7. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
1489	1489	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1490	1490	6 JULY 1, 2025]: Sec. 1. (a) A person who operates a vehicle with an
1491	1491	7 alcohol concentration equivalent to at least eight-hundredths (0.08)
1492	1492	8 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
1493	1493	9 per:
1494	1494	10 (1) one hundred (100) milliliters of the person's blood; or
1495	1495	11 (2) two hundred ten (210) liters of the person's breath;
1496	1496	12 commits a Class C misdemeanor.
1497	1497	13 (b) A person who operates a vehicle with an alcohol concentration
1498	1498	14 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
1499	1499	15 (1) one hundred (100) milliliters of the person's blood; or
1500	1500	16 (2) two hundred ten (210) liters of the person's breath;
1501	1501	17 commits a Class A misdemeanor.
1502	1502	18 (c) A person who operates a vehicle with a controlled substance
1503	1503	19 listed in schedule I or II of IC 35-48-2 or its metabolite, not including
1504	1504	20 THC, in the person's blood commits a Class C misdemeanor.
1505	1505	21 (d) It is a defense to subsection (c) that:
1506	1506	22 (1) the accused person consumed the controlled substance in
1507	1507	23 accordance with a valid prescription or order of a practitioner (as
1508	1508	24 defined in IC 35-48-1) who acted in the course of the
1509	1509	25 practitioner's professional practice; or
1510	1510	26 (2) the:
1511	1511	27 (A) controlled substance is marijuana or a metabolite of
1512	1512	28 marijuana;
1513	1513	29 (B) person was not intoxicated;
1514	1514	30 (C) person did not cause a traffic accident; and
1515	1515	31 (D) substance was identified by means of a chemical test taken
1516	1516	32 pursuant to IC 9-30-7.
1517	1517	33 (e) A person who:
1518	1518	34 (1) operates a vehicle with at least five (5) nanograms of THC
1519	1519	35 per milliliter of the person's whole blood; and
1520	1520	36 (2) is impaired;
1521	1521	37 commits a Class C misdemeanor.
1522	1522	38 SECTION 8. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
1523	1523	39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1524	1524	40 JULY 1, 2025]: Sec. 4. (a) A person who causes serious bodily injury
1525	1525	41 to another person when operating a vehicle:
1526	1526	42 (1) with an alcohol concentration equivalent to at least
1527	1527	2025 IN 113—LS 6461/DI 106 36
1528	1528	1 eight-hundredths (0.08) gram of alcohol per:
1529	1529	2 (A) one hundred (100) milliliters of the person's blood; or
1530	1530	3 (B) two hundred ten (210) liters of the person's breath;
1531	1531	4 (2) with a controlled substance listed in schedule I or II of
1532	1532	5 IC 35-48-2 or its metabolite, not including THC, in the person's
1533	1533	6 blood;
1534	1534	7 (3) with at least five (5) nanograms of THC per milliliter of
1535	1535	8 the person's whole blood; or
1536	1536	9 (3) (4) while intoxicated;
1537	1537	10 commits a Level 5 felony. However, the offense is a Level 4 felony if
1538	1538	11 the person has a previous conviction of operating while intoxicated
1539	1539	12 within the five (5) years preceding the commission of the offense.
1540	1540	13 (b) A person who violates subsection (a) commits a separate offense
1541	1541	14 for each person whose serious bodily injury is caused by the violation
1542	1542	15 of subsection (a).
1543	1543	16 (c) It is a defense under subsection (a)(2) that the accused person
1544	1544	17 consumed the controlled substance in accordance with a valid
1545	1545	18 prescription or order of a practitioner (as defined in IC 35-48-1) who
1546	1546	19 acted in the course of the practitioner's professional practice.
1547	1547	20 SECTION 9. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
1548	1548	21 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1549	1549	22 JULY 1, 2025]: Sec. 5. (a) A person who causes the death or
1550	1550	23 catastrophic injury of another person when operating a vehicle:
1551	1551	24 (1) with an alcohol concentration equivalent to at least
1552	1552	25 eight-hundredths (0.08) gram of alcohol per:
1553	1553	26 (A) one hundred (100) milliliters of the person's blood; or
1554	1554	27 (B) two hundred ten (210) liters of the person's breath;
1555	1555	28 (2) with a controlled substance listed in schedule I or II of
1556	1556	29 IC 35-48-2 or its metabolite, not including THC, in the person's
1557	1557	30 blood;
1558	1558	31 (3) with at least five (5) nanograms of THC per milliliter of
1559	1559	32 the person's whole blood; or
1560	1560	33 (3) (4) while intoxicated;
1561	1561	34 commits a Level 4 felony.
1562	1562	35 (b) A person who causes the death of a law enforcement animal (as
1563	1563	36 defined in IC 35-46-3-4.5) when operating a vehicle:
1564	1564	37 (1) with an alcohol concentration equivalent to at least
1565	1565	38 eight-hundredths (0.08) gram of alcohol per:
1566	1566	39 (A) one hundred (100) milliliters of the person's blood; or
1567	1567	40 (B) two hundred ten (210) liters of the person's breath; or
1568	1568	41 (2) with a controlled substance listed in schedule I or II of
1569	1569	42 IC 35-48-2 or its metabolite, not including THC, in the person's
1570	1570	2025 IN 113—LS 6461/DI 106 37
1571	1571	1 blood; or
1572	1572	2 (3) with at least five (5) nanograms of THC per milliliter of
1573	1573	3 the person's whole blood;
1574	1574	4 commits a Level 6 felony.
1575	1575	5 (c) A person who commits an offense under subsection (a) or (b)
1576	1576	6 commits a separate offense for each person or law enforcement animal
1577	1577	7 whose death (or catastrophic injury, in the case of a person) is caused
1578	1578	8 by the violation of subsection (a) or (b).
1579	1579	9 (d) It is a defense under subsection (a) or (b) that the person accused
1580	1580	10 of causing the death or catastrophic injury of another person or the
1581	1581	11 death of a law enforcement animal when operating a vehicle with a
1582	1582	12 controlled substance listed in schedule I or II of IC 35-48-2 or its
1583	1583	13 metabolite in the person's blood consumed the controlled substance in
1584	1584	14 accordance with a valid prescription or order of a practitioner (as
1585	1585	15 defined in IC 35-48-1) who acted in the course of the practitioner's
1586	1586	16 professional practice.
1587	1587	17 SECTION 10. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
1588	1588	18 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1589	1589	19 JULY 1, 2025]: Sec. 6. (a) A physician, a person trained in retrieving
1590	1590	20 contraband or obtaining bodily substance samples and acting under the
1591	1591	21 direction of or under a protocol prepared by a physician, or a licensed
1592	1592	22 health care professional acting within the professional's scope of
1593	1593	23 practice and under the direction of or under a protocol prepared by a
1594	1594	24 physician, who:
1595	1595	25 (1) obtains a blood, urine, or other bodily substance sample from
1596	1596	26 a person, regardless of whether the sample is taken for diagnostic
1597	1597	27 purposes or at the request of a law enforcement officer under this
1598	1598	28 section;
1599	1599	29 (2) performs a chemical test on blood, urine, or other bodily
1600	1600	30 substance obtained from a person; or
1601	1601	31 (3) searches for or retrieves contraband from the body cavity of an
1602	1602	32 individual;
1603	1603	33 shall deliver the sample or contraband or disclose the results of the test
1604	1604	34 to a law enforcement officer who requests the sample, contraband, or
1605	1605	35 results as a part of a criminal investigation. Samples, contraband, and
1606	1606	36 test results shall be provided to a law enforcement officer even if the
1607	1607	37 person has not consented to or otherwise authorized their release.
1608	1608	38 (b) A physician, a licensed health care professional, a hospital, or an
1609	1609	39 agent of a physician or hospital is not civilly or criminally liable for any
1610	1610	40 of the following:
1611	1611	41 (1) Disclosing test results in accordance with this section.
1612	1612	42 (2) Delivering contraband, or a blood, urine, or other bodily
1613	1613	2025 IN 113—LS 6461/DI 106 38
1614	1614	1 substance sample in accordance with this section.
1615	1615	2 (3) Searching for or retrieving contraband or obtaining a blood,
1616	1616	3 urine, or other bodily substance sample in accordance with this
1617	1617	4 section.
1618	1618	5 (4) Disclosing to the prosecuting attorney or the deputy
1619	1619	6 prosecuting attorney for use at or testifying at the criminal trial of
1620	1620	7 the person as to facts observed or opinions formed.
1621	1621	8 (5) Failing to treat a person from whom contraband is retrieved or
1622	1622	9 a blood, urine, or other bodily substance sample is obtained at the
1623	1623	10 request of a law enforcement officer if the person declines
1624	1624	11 treatment.
1625	1625	12 (6) Injury to a person arising from the performance of duties in
1626	1626	13 good faith under this section. However, immunity does not apply
1627	1627	14 if the physician, licensed health care professional, hospital, or
1628	1628	15 agent of a physician or hospital acts with gross negligence or
1629	1629	16 willful or wanton misconduct.
1630	1630	17 (c) For the purposes of a criminal proceeding:
1631	1631	18 (1) the privileges arising from a patient-physician relationship do
1632	1632	19 not apply to the contraband, samples, test results, or testimony
1633	1633	20 described in this section; and
1634	1634	21 (2) contraband, samples, test results, and testimony may be
1635	1635	22 admitted in a proceeding in accordance with the applicable rules
1636	1636	23 of evidence.
1637	1637	24 (d) The exceptions to the patient-physician relationship specified in
1638	1638	25 subsection (c) do not affect those relationships in a proceeding that is
1639	1639	26 not a criminal proceeding.
1640	1640	27 (e) The contraband, test results, and samples obtained by a law
1641	1641	28 enforcement officer under subsection (a) may be disclosed only to a
1642	1642	29 prosecuting attorney or a deputy prosecuting attorney for use as
1643	1643	30 evidence in a criminal proceeding.
1644	1644	31 (f) This section does not require a physician or a person under the
1645	1645	32 direction of a physician to perform a chemical test or to retrieve
1646	1646	33 contraband.
1647	1647	34 (g) If the person:
1648	1648	35 (1) from whom the contraband is to be retrieved or the bodily
1649	1649	36 substance sample is to be obtained under this section does not
1650	1650	37 consent; and
1651	1651	38 (2) resists the retrieval of the contraband or the taking of a
1652	1652	39 sample;
1653	1653	40 the law enforcement officer may use reasonable force to assist an
1654	1654	41 individual, who must be authorized under this section to retrieve
1655	1655	42 contraband or obtain a sample, in the retrieval of the contraband or the
1656	1656	2025 IN 113—LS 6461/DI 106 39
1657	1657	1 taking of the sample.
1658	1658	2 (h) The person authorized under this section to retrieve contraband
1659	1659	3 or obtain a bodily substance sample shall take the sample or retrieve
1660	1660	4 the contraband in a medically accepted manner.
1661	1661	5 (i) This subsection does not apply to contraband retrieved or a
1662	1662	6 bodily substance sample taken at a licensed hospital (as defined in
1663	1663	7 IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
1664	1664	8 may transport the person to a place where the contraband may be
1665	1665	9 retrieved or the sample may be obtained by any of the following
1666	1666	10 persons who are trained in retrieving contraband or obtaining bodily
1667	1667	11 substance samples and who have been engaged to retrieve contraband
1668	1668	12 or obtain samples under this section:
1669	1669	13 (1) A physician holding an unlimited license to practice medicine
1670	1670	14 or osteopathy.
1671	1671	15 (2) A registered nurse.
1672	1672	16 (3) A licensed practical nurse.
1673	1673	17 (4) An advanced emergency medical technician (as defined in
1674	1674	18 IC 16-18-2-6.5).
1675	1675	19 (5) A paramedic (as defined in IC 16-18-2-266).
1676	1676	20 (6) Except as provided in subsections (j) through (k), any other
1677	1677	21 person qualified through training, experience, or education to
1678	1678	22 retrieve contraband or obtain a bodily substance sample.
1679	1679	23 (j) A law enforcement officer may not retrieve contraband or obtain
1680	1680	24 a bodily substance sample under this section if the contraband is to be
1681	1681	25 retrieved or the sample is to be obtained from another law enforcement
1682	1682	26 officer as a result of the other law enforcement officer's involvement in
1683	1683	27 an accident or alleged crime.
1684	1684	28 (k) A law enforcement officer who is otherwise qualified to obtain
1685	1685	29 a bodily substance sample under this section may obtain a bodily
1686	1686	30 substance sample from a person involved in an accident or alleged
1687	1687	31 crime who is not a law enforcement officer only if:
1688	1688	32 (1) the officer obtained a bodily substance sample from an
1689	1689	33 individual as part of the officer's official duties as a law
1690	1690	34 enforcement officer; and
1691	1691	35 (2) the:
1692	1692	36 (A) person consents to the officer obtaining a bodily substance
1693	1693	37 sample; or
1694	1694	38 (B) obtaining of the bodily substance sample is authorized by
1695	1695	39 a search warrant.
1696	1696	40 (l) A physician or a person trained in obtaining bodily samples who
1697	1697	41 is acting under the direction of or under a protocol prepared by a
1698	1698	42 physician shall obtain a blood sample if the following conditions are
1699	1699	2025 IN 113—LS 6461/DI 106 40
1700	1700	1 satisfied:
1701	1701	2 (1) A law enforcement officer requests that the sample be
1702	1702	3 obtained.
1703	1703	4 (2) The law enforcement officer has certified in writing the
1704	1704	5 following:
1705	1705	6 (A) That the officer has probable cause to believe the person
1706	1706	7 from whom the sample is to be obtained has violated
1707	1707	8 IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2),
1708	1708	9 IC 35-46-9-6(c)(2), or IC 35-46-9-6(c). IC 35-46-9-6(d).
1709	1709	10 (B) That the offense resulting in a criminal investigation
1710	1710	11 described in subsection (a) occurred not more than three (3)
1711	1711	12 hours before the time the sample is requested.
1712	1712	13 (C) That exigent circumstances exist that create pressing
1713	1713	14 health, safety, or law enforcement needs that would take
1714	1714	15 priority over a warrant application.
1715	1715	16 (3) Not more than the use of reasonable force is necessary to
1716	1716	17 obtain the sample.
1717	1717	18 SECTION 11. IC 35-38-9-1.5 IS ADDED TO THE INDIANA
1718	1718	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
1719	1719	20 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. (a) This section applies only
1720	1720	21 to a person convicted of one (1) or more of the following offenses
1721	1721	22 if the act constituting the offense is now permitted under
1722	1722	23 IC 7.1-8-3:
1723	1723	24 (1) IC 35-48-4-8.3 (possession of paraphernalia).
1724	1724	25 (2) IC 35-48-4-8.5 (dealing in paraphernalia).
1725	1725	26 (3) IC 35-48-4-10 (dealing in marijuana).
1726	1726	27 (4) IC 35-48-4-11 (possession of marijuana).
1727	1727	28 (b) A person to whom this section applies may petition a court
1728	1728	29 to expunge all conviction records, including records contained in:
1729	1729	30 (1) a court's files;
1730	1730	31 (2) the files of the department of correction;
1731	1731	32 (3) the files of the bureau of motor vehicles; and
1732	1732	33 (4) the files of any other person who provided treatment or
1733	1733	34 services to the petitioning person under a court order;
1734	1734	35 that relate to the person's conviction, including records of a
1735	1735	36 collateral action.
1736	1736	37 (c) A petition for expungement of records must be verified and
1737	1737	38 filed in a circuit or superior court in the county of conviction. The
1738	1738	39 petition must set forth:
1739	1739	40 (1) the date of the conviction;
1740	1740	41 (2) the county of conviction;
1741	1741	42 (3) the court that entered the conviction;
1742	1742	2025 IN 113—LS 6461/DI 106 41
1743	1743	1 (4) any other known identifying information, such as:
1744	1744	2 (A) the name of the arresting officer;
1745	1745	3 (B) the case number or court cause number;
1746	1746	4 (C) any aliases or other names used by the petitioner;
1747	1747	5 (D) the petitioner's driver's license number; and
1748	1748	6 (E) a list of each criminal charge and its disposition, if
1749	1749	7 applicable;
1750	1750	8 (5) the date of the petitioner's birth; and
1751	1751	9 (6) the petitioner's Social Security number.
1752	1752	10 A person who files a petition under this section is not required to
1753	1753	11 pay a filing fee.
1754	1754	12 (d) The court shall serve a copy of the petition on the
1755	1755	13 prosecuting attorney.
1756	1756	14 (e) Upon receipt of a petition for expungement, the court:
1757	1757	15 (1) may summarily deny the petition if the petition does not
1758	1758	16 meet the requirements of this section, or if the statements
1759	1759	17 contained in the petition indicate that the petitioner is not
1760	1760	18 entitled to relief; and
1761	1761	19 (2) shall grant the petition unless the conditions described in
1762	1762	20 subsection (a) have not been met.
1763	1763	21 (f) Whenever the petition of a person under this section is
1764	1764	22 granted:
1765	1765	23 (1) no information concerning the conviction (including
1766	1766	24 information from a collateral action that identifies the
1767	1767	25 petitioner) may be placed or retained in any state central
1768	1768	26 repository for criminal history information or in any other
1769	1769	27 alphabetically arranged criminal history information system
1770	1770	28 maintained by a local, regional, or statewide law enforcement
1771	1771	29 agency;
1772	1772	30 (2) the clerk of the supreme court shall seal or redact any
1773	1773	31 records in the clerk's possession that relate to the vacated
1774	1774	32 conviction;
1775	1775	33 (3) the records of:
1776	1776	34 (A) the sentencing court;
1777	1777	35 (B) a court that conducted a collateral action;
1778	1778	36 (C) a court of appeals; and
1779	1779	37 (D) the supreme court;
1780	1780	38 concerning the person shall be redacted or permanently
1781	1781	39 sealed; and
1782	1782	40 (4) with respect to the records of a person who is named as an
1783	1783	41 appellant or an appellee in an opinion or memorandum
1784	1784	42 decision by the supreme court or the court of appeals, or who
1785	1785	2025 IN 113—LS 6461/DI 106 42
1786	1786	1 is identified in a collateral action, the court shall:
1787	1787	2 (A) redact the opinion or memorandum decision as it
1788	1788	3 appears on the computer gateway administered by the
1789	1789	4 office of technology so that it does not include the
1790	1790	5 petitioner's name (in the same manner that opinions
1791	1791	6 involving juveniles are redacted); and
1792	1792	7 (B) provide a redacted copy of the opinion or
1793	1793	8 memorandum decision to any publisher or organization to
1794	1794	9 whom the opinion or memorandum decision is provided
1795	1795	10 after the date of the order of expungement.
1796	1796	11 The supreme court and the court of appeals are not required to
1797	1797	12 redact, destroy, or otherwise dispose of any existing copy of an
1798	1798	13 opinion or memorandum decision that includes the petitioner's
1799	1799	14 name.
1800	1800	15 (g) If the court issues an order granting a petition for
1801	1801	16 expungement under this section, the order must include the
1802	1802	17 information described in subsection (f).
1803	1803	18 (h) If a person whose records are expunged brings an action that
1804	1804	19 might be defended with the contents of the expunged records, the
1805	1805	20 defendant is presumed to have a complete defense to the action. In
1806	1806	21 order for the plaintiff to recover, the plaintiff must show that the
1807	1807	22 contents of the expunged records would not exonerate the
1808	1808	23 defendant. The plaintiff may be required to state under oath
1809	1809	24 whether the plaintiff had records in the criminal or juvenile justice
1810	1810	25 system and whether those records were expunged. If the plaintiff
1811	1811	26 denies the existence of the records, the defendant may prove their
1812	1812	27 existence in any manner compatible with the law of evidence.
1813	1813	28 SECTION 12. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
1814	1814	29 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1815	1815	30 JULY 1, 2025]: Sec. 6. (a) Except as provided in subsections (b) and
1816	1816	31 (c) and (d), a person who operates a motorboat while:
1817	1817	32 (1) having an alcohol concentration equivalent (as defined in
1818	1818	33 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
1819	1819	34 per:
1820	1820	35 (A) one hundred (100) milliliters of the person's blood; or
1821	1821	36 (B) two hundred ten (210) liters of the person's breath;
1822	1822	37 (2) having a controlled substance listed in schedule I or II of
1823	1823	38 IC 35-48-2 or its metabolite, not including THC, in the person's
1824	1824	39 body; or
1825	1825	40 (3) intoxicated;
1826	1826	41 commits a Class C misdemeanor.
1827	1827	42 (b) A person who:
1828	1828	2025 IN 113—LS 6461/DI 106 43
1829	1829	1 (1) operates a vehicle with at least five (5) nanograms of THC
1830	1830	2 per milliliter of the person's whole blood; and
1831	1831	3 (2) is impaired;
1832	1832	4 commits a Class C misdemeanor.
1833	1833	5 (b) (c) The offense under subsection (a) or (b) is a Level 6 felony
1834	1834	6 if:
1835	1835	7 (1) the person has a previous conviction under:
1836	1836	8 (A) IC 14-1-5 (repealed);
1837	1837	9 (B) IC 14-15-8-8 (repealed); or
1838	1838	10 (C) this chapter; or
1839	1839	11 (2) the offense results in serious bodily injury to another person.
1840	1840	12 (c) (d) The offense under subsection (a) or (b) is a Level 5 felony
1841	1841	13 if the offense results in the death or catastrophic injury of another
1842	1842	14 person.
1843	1843	15 (d) (e) It is a defense to a prosecution under subsection (a)(2) that
1844	1844	16 the accused person consumed the controlled substance in accordance
1845	1845	17 with a valid prescription or order of a practitioner (as defined in
1846	1846	18 IC 35-48-1-24) who acted in the course of the practitioner's
1847	1847	19 professional practice.
1848	1848	20 SECTION 13. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
1849	1849	21 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1850	1850	22 JULY 1, 2025]: Sec. 8.3. (a) This section does not apply to:
1851	1851	23 (1) a rolling paper; or
1852	1852	24 (2) a person, including an adult cannabis user, patient,
1853	1853	25 caregiver, cannabis organization, testing laboratory, research
1854	1854	26 facility, or transporter described in IC 7.1-8, if the person is
1855	1855	27 in substantial compliance with the requirements of IC 7.1-8.
1856	1856	28 (b) A person who knowingly or intentionally possesses an
1857	1857	29 instrument, a device, or another object that the person intends to use
1858	1858	30 for:
1859	1859	31 (1) introducing into the person's body a controlled substance;
1860	1860	32 (2) testing the strength, effectiveness, or purity of a controlled
1861	1861	33 substance; or
1862	1862	34 (3) enhancing the effect of a controlled substance;
1863	1863	35 commits a Class C misdemeanor. However, the offense is a Class A
1864	1864	36 misdemeanor if the person has a prior unrelated judgment or conviction
1865	1865	37 under this section.
1866	1866	38 SECTION 14. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
1867	1867	39 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1868	1868	40 JULY 1, 2025]: Sec. 8.5. (a) A person who keeps for sale, offers for
1869	1869	41 sale, delivers, or finances the delivery of a raw material, an instrument,
1870	1870	42 a device, or other object that is intended to be or that is designed or
1871	1871	2025 IN 113—LS 6461/DI 106 44
1872	1872	1 marketed to be used primarily for:
1873	1873	2 (1) ingesting, inhaling, or otherwise introducing into the human
1874	1874	3 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
1875	1875	4 controlled substance;
1876	1876	5 (2) testing the strength, effectiveness, or purity of marijuana, hash
1877	1877	6 oil, hashish, salvia, a synthetic drug, or a controlled substance;
1878	1878	7 (3) enhancing the effect of a controlled substance;
1879	1879	8 (4) manufacturing, compounding, converting, producing,
1880	1880	9 processing, or preparing marijuana, hash oil, hashish, salvia, a
1881	1881	10 synthetic drug, or a controlled substance;
1882	1882	11 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
1883	1883	12 synthetic drug, or a controlled substance by individuals; or
1884	1884	13 (6) any purpose announced or described by the seller that is in
1885	1885	14 violation of this chapter;
1886	1886	15 commits a Class A infraction for dealing in paraphernalia.
1887	1887	16 (b) A person who knowingly or intentionally violates subsection (a)
1888	1888	17 commits a Class A misdemeanor. However, the offense is a Level 6
1889	1889	18 felony if the person has a prior unrelated judgment or conviction under
1890	1890	19 this section.
1891	1891	20 (c) This section does not apply to the following:
1892	1892	21 (1) Items marketed for use in the preparation, compounding,
1893	1893	22 packaging, labeling, or other use of marijuana, hash oil, hashish,
1894	1894	23 salvia, a synthetic drug, or a controlled substance as an incident
1895	1895	24 to lawful research, teaching, or chemical analysis and not for sale.
1896	1896	25 (2) Items marketed for or historically and customarily used in
1897	1897	26 connection with the planting, propagating, cultivating, growing,
1898	1898	27 harvesting, manufacturing, compounding, converting, producing,
1899	1899	28 processing, preparing, testing, analyzing, packaging, repackaging,
1900	1900	29 storing, containing, concealing, injecting, ingesting, or inhaling
1901	1901	30 of tobacco or any other lawful substance.
1902	1902	31 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
1903	1903	32 a syringe or needle as part of a program under IC 16-41-7.5.
1904	1904	33 (4) Any entity or person that provides funding to a qualified entity
1905	1905	34 (as defined in IC 16-41-7.5-3) to operate a program described in
1906	1906	35 IC 16-41-7.5.
1907	1907	36 (5) A person, including an adult cannabis user, patient,
1908	1908	37 caregiver, cannabis organization, testing laboratory, research
1909	1909	38 facility, or transporter described in IC 7.1-8, if the person is
1910	1910	39 in substantial compliance with the requirements of IC 7.1-8.
1911	1911	40 SECTION 15. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
1912	1912	41 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1913	1913	42 JULY 1, 2025]: Sec. 10. (a) A person who:
1914	1914	2025 IN 113—LS 6461/DI 106 45
1915	1915	1 (1) knowingly or intentionally:
1916	1916	2 (A) manufactures;
1917	1917	3 (B) finances the manufacture of;
1918	1918	4 (C) delivers; or
1919	1919	5 (D) finances the delivery of;
1920	1920	6 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
1921	1921	7 (2) possesses, with intent to:
1922	1922	8 (A) manufacture;
1923	1923	9 (B) finance the manufacture of;
1924	1924	10 (C) deliver; or
1925	1925	11 (D) finance the delivery of;
1926	1926	12 marijuana, hash oil, hashish, or salvia, pure or adulterated;
1927	1927	13 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
1928	1928	14 misdemeanor, except as provided in subsections (b) through (d).
1929	1929	15 (b) A person may be convicted of an offense under subsection (a)(2)
1930	1930	16 only if:
1931	1931	17 (1) there is evidence in addition to the weight of the drug that the
1932	1932	18 person intended to manufacture, finance the manufacture of,
1933	1933	19 deliver, or finance the delivery of the drug; or
1934	1934	20 (2) the amount of the drug involved is at least:
1935	1935	21 (A) ten (10) pounds, if the drug is marijuana; or
1936	1936	22 (B) three hundred (300) grams, if the drug is hash oil, hashish,
1937	1937	23 or salvia.
1938	1938	24 (c) The offense is a Level 6 felony if:
1939	1939	25 (1) the person has a prior conviction for a drug offense and the
1940	1940	26 amount of the drug involved is:
1941	1941	27 (A) less than thirty (30) grams of marijuana; or
1942	1942	28 (B) less than five (5) grams of hash oil, hashish, or salvia; or
1943	1943	29 (2) the amount of the drug involved is:
1944	1944	30 (A) at least thirty (30) grams but less than ten (10) pounds of
1945	1945	31 marijuana; or
1946	1946	32 (B) at least five (5) grams but less than three hundred (300)
1947	1947	33 grams of hash oil, hashish, or salvia.
1948	1948	34 (d) The offense is a Level 5 felony if:
1949	1949	35 (1) the person has a prior conviction for a drug dealing offense
1950	1950	36 and the amount of the drug involved is:
1951	1951	37 (A) at least thirty (30) grams but less than ten (10) pounds of
1952	1952	38 marijuana; or
1953	1953	39 (B) at least five (5) grams but less than three hundred (300)
1954	1954	40 grams of hash oil, hashish, or salvia;
1955	1955	41 (2) the:
1956	1956	42 (A) amount of the drug involved is:
1957	1957	2025 IN 113—LS 6461/DI 106 46
1958	1958	1 (i) at least ten (10) pounds of marijuana; or
1959	1959	2 (ii) at least three hundred (300) grams of hash oil, hashish,
1960	1960	3 or salvia; or
1961	1961	4 (B) offense involved a sale to a minor; or
1962	1962	5 (3) the:
1963	1963	6 (A) person is a retailer;
1964	1964	7 (B) marijuana, hash oil, hashish, or salvia is packaged in a
1965	1965	8 manner that appears to be low THC hemp extract; and
1966	1966	9 (C) person knew or reasonably should have known that the
1967	1967	10 product was marijuana, hash oil, hashish, or salvia.
1968	1968	11 (e) This section does not apply to a person, including an adult
1969	1969	12 cannabis user, patient, caregiver, cannabis organization, testing
1970	1970	13 laboratory, research facility, or transporter described in IC 7.1-8,
1971	1971	14 if the person is in substantial compliance with the requirements of
1972	1972	15 IC 7.1-8.
1973	1973	16 SECTION 16. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
1974	1974	17 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1975	1975	18 JULY 1, 2025]: Sec. 11. (a) A person who:
1976	1976	19 (1) knowingly or intentionally possesses (pure or adulterated)
1977	1977	20 marijuana, hash oil, hashish, or salvia;
1978	1978	21 (2) knowingly or intentionally grows or cultivates marijuana; or
1979	1979	22 (3) knowing that marijuana is growing on the person's premises,
1980	1980	23 fails to destroy the marijuana plants;
1981	1981	24 commits possession of marijuana, hash oil, hashish, or salvia, a Class
1982	1982	25 B misdemeanor, except as provided in subsections (b) through (c).
1983	1983	26 (b) The offense described in subsection (a) is a Class A
1984	1984	27 misdemeanor if:
1985	1985	28 (1) the person has a prior conviction for a drug offense; or
1986	1986	29 (2) the:
1987	1987	30 (A) marijuana, hash oil, hashish, or salvia is packaged in a
1988	1988	31 manner that appears to be low THC hemp extract; and
1989	1989	32 (B) person knew or reasonably should have known that the
1990	1990	33 product was marijuana, hash oil, hashish, or salvia.
1991	1991	34 (c) The offense described in subsection (a) is a Level 6 felony if:
1992	1992	35 (1) the person has a prior conviction for a drug offense; and
1993	1993	36 (2) the person possesses:
1994	1994	37 (A) at least thirty (30) grams of marijuana; or
1995	1995	38 (B) at least five (5) grams of hash oil, hashish, or salvia.
1996	1996	39 (d) This section does not apply to a person, including an adult
1997	1997	40 cannabis user, patient, caregiver, cannabis organization, testing
1998	1998	41 laboratory, research facility, or transporter described in IC 7.1-8,
1999	1999	42 if the person is in substantial compliance with the requirements of
2000	2000	2025 IN 113—LS 6461/DI 106 47
2001	2001	1 IC 7.1-8.
2002	2002	2025 IN 113—LS 6461/DI 106