Indiana 2025 Regular Session

Indiana Senate Bill SB0166 Latest Draft

Bill / Introduced Version Filed 12/30/2024

                             
Introduced Version
SENATE BILL No. 166
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 24-4-24.
Synopsis:  Marijuana advertising. Provides that a person may not
advertise a product containing marijuana or a marijuana business by
any medium within the borders of Indiana. Provides that the attorney
general may seek civil penalties, an injunction, and other costs for
violations. Provides that civil penalties shall be deposited in the state
general fund.
Effective:  Upon passage.
Deery
January 8, 2025, read first time and referred to Committee on Commerce and Technology.
2025	IN 166—LS 6619/DI 153 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 166
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 24-4-24 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
3 PASSAGE]:
4 Chapter 24. Marijuana Advertising
5 Sec. 1. This chapter does not apply to the advertisement of:
6 (1) a product containing marijuana; or
7 (2) a marijuana business;
8 pursuant to a contract that was entered into or renewed before the
9 effective date of this chapter as enacted by the 2025 general
10 assembly.
11 Sec. 2. (a) As used in this chapter, "marijuana" has the meaning
12 set forth in IC 35-48-1-19.
13 (b) As used in this chapter, "person" means:
14 (1) an individual;
15 (2) a proprietorship;
16 (3) a partnership;
17 (4) a firm;
2025	IN 166—LS 6619/DI 153 2
1 (5) an association;
2 (6) a corporation;
3 (7) a limited liability company; or
4 (8) another legal entity.
5 (c) A person may not advertise a product containing marijuana
6 or a marijuana business by any medium within the borders of
7 Indiana, including print advertisements, digital advertisements, or
8 advertisements on radio stations, television stations, or outdoor
9 advertising signs.
10 Sec. 3. (a) The attorney general may bring an action under this
11 chapter to obtain any or all of the following against a person that
12 violates this chapter:
13 (1) An injunction to enjoin future violations of this chapter.
14 (2) The following civil penalties:
15 (A) Not more than five thousand dollars ($5,000) for the
16 first violation.
17 (B) Not more than ten thousand dollars ($10,000) for a
18 second violation.
19 (C) Not more than fifteen thousand dollars ($15,000) for
20 each additional violation.
21 (3) The attorney general's reasonable costs in:
22 (A) the investigation of the violations under this chapter;
23 and
24 (B) maintaining the action.
25 (b) All civil penalties collected under this chapter shall be
26 deposited in the state general fund.
27 SECTION 2. An emergency is declared for this act.
2025	IN 166—LS 6619/DI 153