Indiana 2025 Regular Session

Indiana Senate Bill SB0114 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 SENATE BILL No. 114
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 35-48-4.
77 Synopsis: Test strips. Removes provisions related to testing the
88 strength, effectiveness, or purity of a controlled substance in the
99 criminal laws concerning possession of controlled substance
1010 paraphernalia.
1111 Effective: July 1, 2025.
1212 Pol Jr.
1313 January 8, 2025, read first time and referred to Committee on Corrections and Criminal
1414 Law.
1515 2025 IN 114—LS 6555/DI 151 Introduced
1616 First Regular Session of the 124th General Assembly (2025)
1717 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1818 Constitution) is being amended, the text of the existing provision will appear in this style type,
1919 additions will appear in this style type, and deletions will appear in this style type.
2020 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2121 provision adopted), the text of the new provision will appear in this style type. Also, the
2222 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2323 a new provision to the Indiana Code or the Indiana Constitution.
2424 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2525 between statutes enacted by the 2024 Regular Session of the General Assembly.
2626 SENATE BILL No. 114
2727 A BILL FOR AN ACT to amend the Indiana Code concerning
2828 criminal law and procedure.
2929 Be it enacted by the General Assembly of the State of Indiana:
3030 1 SECTION 1. IC 35-48-4-8.1, AS AMENDED BY P.L.158-2013,
3131 2 SECTION 634, IS AMENDED TO READ AS FOLLOWS
3232 3 [EFFECTIVE JULY 1, 2025]: Sec. 8.1. (a) A person who
3333 4 manufactures, finances the manufacture of, or designs an instrument,
3434 5 a device, or other object that is intended to be used primarily for:
3535 6 (1) introducing into the human body a controlled substance; or
3636 7 (2) testing the strength, effectiveness, or purity of a controlled
3737 8 substance; or
3838 9 (3) (2) enhancing the effect of a controlled substance;
3939 10 in violation of this chapter commits a Class A infraction for
4040 11 manufacturing paraphernalia.
4141 12 (b) A person who:
4242 13 (1) knowingly or intentionally violates this section; and
4343 14 (2) has a previous judgment for violation of this section;
4444 15 commits manufacture of paraphernalia, a Level 6 felony.
4545 16 SECTION 2. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
4646 17 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4747 2025 IN 114—LS 6555/DI 151 2
4848 1 JULY 1, 2025]: Sec. 8.3. (a) This section does not apply to a rolling
4949 2 paper.
5050 3 (b) A person who knowingly or intentionally possesses an
5151 4 instrument, a device, or another object that the person intends to use
5252 5 for:
5353 6 (1) introducing into the person's body a controlled substance; or
5454 7 (2) testing the strength, effectiveness, or purity of a controlled
5555 8 substance; or
5656 9 (3) (2) enhancing the effect of a controlled substance;
5757 10 commits a Class C misdemeanor. However, the offense is a Class A
5858 11 misdemeanor if the person has a prior unrelated judgment or conviction
5959 12 under this section.
6060 13 SECTION 3. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
6161 14 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6262 15 JULY 1, 2025]: Sec. 8.5. (a) A person who keeps for sale, offers for
6363 16 sale, delivers, or finances the delivery of a raw material, an instrument,
6464 17 a device, or other object that is intended to be or that is designed or
6565 18 marketed to be used primarily for:
6666 19 (1) ingesting, inhaling, or otherwise introducing into the human
6767 20 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
6868 21 controlled substance;
6969 22 (2) testing the strength, effectiveness, or purity of marijuana, hash
7070 23 oil, hashish, salvia, a synthetic drug, or a controlled substance;
7171 24 (3) (2) enhancing the effect of a controlled substance;
7272 25 (4) (3) manufacturing, compounding, converting, producing,
7373 26 processing, or preparing marijuana, hash oil, hashish, salvia, a
7474 27 synthetic drug, or a controlled substance;
7575 28 (5) (4) diluting or adulterating marijuana, hash oil, hashish, salvia,
7676 29 a synthetic drug, or a controlled substance by individuals; or
7777 30 (6) (5) any purpose announced or described by the seller that is in
7878 31 violation of this chapter;
7979 32 commits a Class A infraction for dealing in paraphernalia.
8080 33 (b) A person who knowingly or intentionally violates subsection (a)
8181 34 commits a Class A misdemeanor. However, the offense is a Level 6
8282 35 felony if the person has a prior unrelated judgment or conviction under
8383 36 this section.
8484 37 (c) This section does not apply to the following:
8585 38 (1) Items marketed for use in the preparation, compounding,
8686 39 packaging, labeling, or other use of marijuana, hash oil, hashish,
8787 40 salvia, a synthetic drug, or a controlled substance as an incident
8888 41 to lawful research, teaching, or chemical analysis and not for sale.
8989 42 (2) Items marketed for or historically and customarily used in
9090 2025 IN 114—LS 6555/DI 151 3
9191 1 connection with the planting, propagating, cultivating, growing,
9292 2 harvesting, manufacturing, compounding, converting, producing,
9393 3 processing, preparing, testing, analyzing, packaging, repackaging,
9494 4 storing, containing, concealing, injecting, ingesting, or inhaling
9595 5 of tobacco or any other lawful substance.
9696 6 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
9797 7 a syringe or needle as part of a program under IC 16-41-7.5.
9898 8 (4) Any entity or person that provides funding to a qualified entity
9999 9 (as defined in IC 16-41-7.5-3) to operate a program described in
100100 10 IC 16-41-7.5.
101101 2025 IN 114—LS 6555/DI 151