LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6526 NOTE PREPARED: Dec 10, 2024
BILL NUMBER: SB 138 BILL AMENDED:
SUBJECT: Sale of Low THC Products to Persons Less than 21.
FIRST AUTHOR: Sen. Bohacek BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill provides that:
(1) it is a Class B misdemeanor for a person to recklessly, knowingly, or intentionally sell, barter,
exchange, provide, or furnish a product containing low THC hemp extract to a minor;
(2) the offense is Class A misdemeanor if the person has a prior unrelated conviction under the
statute; and
(3) the offense is a Level 6 felony if the consumption, ingestion, or use of the product containing low
THC hemp extract is the proximate cause of the serious bodily injury or death of any person.
Effective Date: July 1, 2025.
Explanation of State Expenditures: A Level 6 felony is punishable by a prison term ranging from 6 to 30
months, with an advisory sentence of 1 year. The sentence depends on mitigating and aggravating
circumstances.
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund (criminal fines) and the state General Fund (court fees) would increase. The maximum
fine for a Class B misdemeanor is $1,000, for a Class A misdemeanor is $5,000, and for any level of felony
is $10,000. The total court fee revenue per case would range between $113 and $138. The amount of court
fees deposited will vary depending on whether the case is filed in a court of record or a municipal court. The
following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal,
juvenile, and civil violation cases.
Explanation of Local Expenditures: A Class B misdemeanor is punishable by up to 180 days in jail, and
a Class A misdemeanor by up to one year in jail. If more defendants are detained in county jails prior to their
court hearings, local expenditures for jail operations may increase. The average cost per day is approximately
$64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county
jails across Indiana during CY 2021.
Explanation of Local Revenues: If additional court actions occur and guilty verdicts are entered, more
SB 138 1 revenue will be collected by certain local units. If the case is filed in a court of record, the county general
fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service.
Fiscal Analyst: Heather Puletz, 317-234-9484.
SB 138 2